If a DEP or EPA inspector determines that a UST or UST system is out of compliance with state or federal UST regulations, the inspector will initiate enforcement procedures, which may take one of the following forms.
- Field Citations: The owner/operator will be issued a field citation listing the violations observed at the facility and the time frame in which the owner/operator must correct those violations. Fines can range from $70 to $420 for each violation.
- Administrative Complaint and Compliance Orders: These can be issued for regulatory violations such as failure to report a leak, respond to a suspected leak, or clean up contamination. These may also be used if the owner/operator has a history of non-compliance or if the owner/operator fails to resolve a Field Citation. Fines vary and can be up to the statutory maximum of $16,000 per tank per day for each violation.
- Delivery Prohibition: For serious or potentially serious situations or violations, the inspector may issue a delivery prohibition. A red tag will be affixed to each out-of-compliance tank, indicating that the tank is ineligible for delivery, deposit, or acceptance of product until the DEP or EPA is satisfied that all violations have been corrected. If one of your USTs has been tagged for delivery prohibition, you may not remove or tamper with the tag in order to receive fuel delivery. Only an EPA or DEP representative may remove delivery prohibition tags.
Tanks which are eligible for delivery, deposit, or acceptance of product will have a Green Tag Delivery Registration Placard
listing the following information: facility identification number, facility name and address, placard issue date, placard number, and the total tank count for all storage tanks related to the placard.