49-1023

49-1023. Delivery prohibition; stop use tag;
definitions

A. Beginning January 1, 2009, a product deliverer shall not deliver,
deposit or place a regulated substance into an underground storage tank that has a stop
use tag from the director affixed to a fill pipe of the underground storage tank pursuant
to subsection B of this section.

B. The director may issue a stop use order to the owner and operator of the
underground storage tank and affix a stop use tag that is easily visible to the product
deliverer on all fill pipes of the underground storage tank to stop operation of the
underground storage tank if both of the following exist:

1. The director has determined that the underground storage tank is in violation of
section 49-1003 or 49-1009 or the rules adopted pursuant to those sections, as
applicable.

2. The continued operation of the underground storage tank may result in a
continued release or new release from the underground storage tank.

C. A stop use order becomes effective immediately on issuance and suspends use of
the underground storage tank.

D. The owner and operator of an underground storage tank that has received a stop
use tag pursuant to subsection B of this section shall ensure that no person removes or
tampers with the stop use tag until the requirements for return of the underground
storage tank to operation pursuant to subsection E of this section are met, and shall
immediately empty the underground storage tank and comply with the remaining temporary
closure requirements adopted under section 49-1008.

E. An owner or operator shall not bring an underground storage tank that has
received a stop use tag pursuant to subsection B of this section back into operation
until the owner or operator has demonstrated to the director that the underground storage
tank meets the requirements of sections 49-1003 and 49-1009 and the rules adopted
pursuant to those sections, as applicable, and the owner or operator has received written
confirmation from the director that the requirements of sections 49-1003 and 49-1009 and
the rules adopted pursuant to those sections, as applicable, have been met. The director
shall provide written confirmation as soon as practicable, but not later than five
business days, to the owner or operator that the requirements of sections 49-1003 and
49-1009 and the rules adopted pursuant to those sections have been met.

F. Upon issuance of a stop use order, the director shall notify product deliverers
by posting on the department's website the name and location of a facility with an
underground storage tank that has a stop use tag. The notice shall also specify which
underground storage tank at the facility has a stop use tag.

G. The director shall remove the stop use notice from the department's website
within five business days after determining that the requirements of subsection E of this
section have been met.

H. The director may adopt rules to implement this section.

I. For the purposes of this section:

1. "Product deliverer" means a person, including an owner, operator or oil company,
or a distributor as defined in section 28-5601, a supplier as defined in section 28-5601,
a petroleum transportation company and any other entity that delivers, deposits or places
a regulated substance into an underground storage tank.

2. "Stop use tag" means a tag, device or mechanism that is prescribed by the
director, that is designed to be affixed to a fill pipe of an underground storage tank
and that clearly states and conveys that it is unlawful to deliver, deposit or place a
regulated substance into the underground storage tank to which it is affixed.