§ 40-0111. Corrective actions and reporting.

1. Where a release of any hazardous substance is suspected or appears
probable, the department may order the owner to inspect any storage
facility, location and/or associated equipment suspected to be the
source of the release and to test for tightness and structural
soundness. If the owner fails to conduct such tests within ten days of
notification of such an order the department may conduct such tests. The
reasonable expenses of conducting such tests incurred by the department
shall be paid by the owner.

2. It shall be unlawful to continue operation of any tank where a
continuing release to the environment is occurring. The contents of such
a tank shall be promptly removed to a secure storage location. The
department may prohibit deliveries of hazardous substances to any tank
(i) that is leaking or (ii) where a leak appears probable. If the source
of the leak or a probable leak cannot be determined, the department may
prohibit deliveries to any tank or tanks that may be the probable source
of a leak until such time as the source has been identified, at which
time the prohibition on delivery will apply to the leaking tank or
tanks. In addition, the department may prohibit deliveries of hazardous
substances to any tank that is in violation of any requirement
prescribed by regulation pursuant to this title related to:

a. installing required equipment for spill prevention, overfill
protection, leak detection, corrosion protection or secondary
containment;

b. performing leak detection or inspections of tank systems;

c. properly operating or maintaining leak detection; or

d. properly operating or maintaining spill, overfill or corrosion
protection equipment.

(i) The department shall attach a tag to the tank or tanks to identify
those tanks to which delivery is prohibited and provide a written notice
to the owner and operator specifying the reasons for the prohibition of
delivery.

(ii) As promptly as possible thereafter, not to exceed fifteen days,
the commissioner shall provide the owner or operator an opportunity to
be heard and to present proof that such conditions or activity does not
violate the provisions of this section or of the rules or regulations
adopted pursuant to this title. The commissioner shall adopt rules and
regulations describing the procedure to be followed in the prohibition
of hazardous substance deliveries. In adopting such rules and
regulations the department shall allow for the owner or operator at any
time to submit information to the department to demonstrate that the
owner or operator is in compliance with the requirements or has
corrected the violation that prompted the department to prohibit
deliveries of hazardous substances and to allow the tank or tanks to be,
as promptly as possible, brought back into operation, not to exceed two
business days from the department's determination that a tank is in
compliance. The department shall use its best efforts to timely
determine compliance.

(iii) Unless otherwise authorized by the department, no person shall
tamper with or remove, or cause the tampering with or removal of, a tag
attached to any tank under the provisions of this subdivision.

(iv) No person shall deliver, cause the delivery of, deposit, or
accept a hazardous substance to any tank or tanks to which a tag is
affixed pursuant to this subdivision.

3. Any person who is the owner of, or in actual or constructive
possession or control of, a hazardous substance, as defined in section
40-0105 of this article, or any employee or agent thereof, or any person
in a contractual relationship therewith who inspects, tests or repairs
any portion of the facility which was or is used for the storage of
hazardous substances, shall promptly notify the department as soon as he
has knowledge of the release of a reportable quantity of a hazardous
substance into the environment.