About Delaware Laws Regarding Above Ground Fuel Storage Tanks

Delaware Statute 7402A

• Delaware Statute 7402A defines an above-ground storage tank as a single above ground containment vessel with a capacity greater than 250 gallons that currently or previously contained regulated toxic substances on and after January 1, 1992. Above ground storage tanks include both above ground and underground pipes and dispensing systems. An above ground storage tank does not include septic tanks, pits, pounds, lagoons, liquid traps for oil or gas production, flow-through process tanks, transformers, regulators, breakers or publicly owned treatment works regulated by Delaware Statute 6002.
  
  

Delaware Statute 7403A

• The Department of Natural Resources and Environmental Control considers the recommendations and standard procedures set forth by the National Fire Protection Association, the American Petroleum Institute, the National Association of Corrosion Engineers, the Underwriters Laboratories, the American Society for Testing and Materials, the Petroleum Equipment Institute and the Steel Tank Institute as viable options to develop and implement regulations specifically for new ASTs.
  
  

Delaware Statute 7404A

• Delaware Statute 7404A exempts above-ground storage tanks with a capacity of 1,100 gallons or less isolated on a farm and used solely for the facilitation of crops and livestock, above-ground storage tanks used to store propane gas, above ground storage tanks with a capacity of 1,100 gallons or less used to store heating fuel for consumption, temporary above ground storage tanks of less than six months, and all other above ground storage tanks excluded from Delaware Statute 8028. All above ground storage tanks with a capacity exceeding far beyond 250 gallons and less than 12,499 gallons fall under exemption, except for Delaware Statutes 7402A, 7405A, 7406A and 7415A. Likewise, all above ground storage tanks used to store diesel, kerosene or other heating fuel with a capacity of less than 20,000 gallons face exemption, except for Delaware Statutes 7402A, 7405A, 7406A and 7410A.
  
  

Delaware Statute 7405A

• Delaware Statue 7405A requires the owner of each above ground storage tank to register with the The Department of Natural Resources and Environmental Control. Owners should fill out the forms distributed by the Department of Natural Resources and Environmental Control, while specifying the tank's installation, location, type of construction, stored substance, tank size, construction material, and the owner and operator's name. The owner must register a new or existing above ground storage tank 60 days before the installation.
  
  

Delaware Statute 7407A

• Delaware Statute 4707A states that the Department of Natural Resources and Environmental Control will make it mandatory for owners to make a public statement of tank performance standards, corrective action and other regulations that will conform to the State of Delaware's standards. The Department of Natural Resources and Environmental Control should enforce a strict product inventory system to identify releases from existing above-ground storage tanks, outline specific procedures to take when the product inventory systems records indicate abnormal levels of a regulated substance, implement the appropriate corrective action to conform to all regulations, and a requirement for inspection, maintenance, monitoring and repair of all above ground storage tanks. All above ground storage tank owners should submit the aforementioned reports to the Department of Natural Resources and Environmental Control and pass down all records to future owners.
  
  

Delaware Statute 7408A

• Delaware Statute 7408A dictates that an authorized officer or employee conduct monitoring or other remedial activities in accordance to Delaware Statute 7406A. The authorized officer must enter the facility at reasonable times with unannounced inspections of the above ground storage tanks, and obtain samples of regulated substances, while monitoring the tanks and its surrounding soils, water and air. A designated officer may collect and submit designated confidential data separately from public data to the Department of Natural Resources and Environmental Control.
  
  

Delaware Statute 7409A

• Delaware Statute 7409A dictates owners to maintain evidence of financial responsibility for taking reasonable correction against property damage or bodily injury caused by an unexpected release from an operating above ground storage tank. Evidence of financial responsibility includes: proof of insurance, surety bonds, proof of assets or evidence as a self-insurer. The Department of Natural Resources and Environmental Control has the authority to specify policy or other terms, conditions and defenses to help establish evidence of financial responsibility.
  
  

Delaware Statute 7413A

• Delaware Statute 7413A requires owners and operators to pay the Department of Natural Resource and Environmental Control an annual registration fee per above ground storage tank. Each above ground storage tank with a capacity of less than 12,499 and no greater than 39,999 gallons requires a $300 annual fee. Above ground storage tanks with a capacity of 40,000 gallons or great requires a $750 annual fee.
  
  

Delaware Statute 7414A

• Delaware Statute 7414A requires the Department of Natural Resources and Environmental Control to assess a one-time construction permit fee per above ground storage tank. Each above ground storage tank with a capacity ranging from 12,499 to 39,999 gallons requires the owner and operator to pay a $1,500 construction permit fee. Each above ground storage tank with a capacity greater than 40,000 gallons requires a $3,750 construction permit fee.