If a West Virginia Department of Environmental Protection (WVDEP)
inspector determines that a UST or UST system is out of compliance with state or federal UST regulations, he or she may initiate non-compliance enforcement procedures. The WVDEP will notify the UST owner/operator or the owner’s/operator’s authorized representative in writing (served by certified mail or hand-delivered by a WVDEP representative) that the non-compliant UST system cannot receive delivery or deposit of product. The written notice will state the violations and actions that must be taken to achieve compliance. The WVDEP will also notify the fuel deliverer of the determination and add the UST system to its website list of USTs under delivery prohibition
The WVDEP will then affix a red tag and lock clip to the fill port of the non-compliant UST system. The remaining product within the UST system may be dispensed unless the WVDEP determines that there is an immediate threat to public health and safety.
When the owner/operator has returned the UST system to compliance, he or she must notify the WVDEP, which will review the compliance data and/or send a representative to visit the site. Once compliance has been confirmed, the tag and lock will be removed by the WVDEP, or may be removed by the owner/operator with WVDEP approval. The WVDEP will also remove the UST system from its online list of USTs under delivery prohibition.