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8-7-814. Delivery prohibition.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-7-814. Delivery prohibition.
(a) It shall be unlawful to deliver to, deposit into, or accept a regulated substance into an underground storage tank at a facility that has been identified by the Division of Environmental Quality to be ineligible for fuel delivery or deposit.
(b) The Arkansas Pollution Control and Ecology Commission shall adopt rules to implement the criteria and process required by the delivery prohibition requirements of the Energy Policy Act of 2005, Pub. L. No. 109-58, and the rules shall consist of, at a minimum, the federal guidelines for determining the significant operational compliance of underground storage tank systems.
(c) In order to prevent the delivery of a regulated substance into an underground storage tank system that has been identified by the division to be ineligible for fuel delivery or deposit, the division shall affix a tamper-proof tag, seal, or other device blocking the fill pipes of the ineligible underground storage tank. This affixed notice shall serve as written notification to the owner, the operator, and the product delivery industry.
(d) No owner or operator shall receive any regulated substance into any underground storage tank to which notification of delivery prohibition has been affixed.
(e) No person selling any regulated substance shall deliver or cause to be delivered a regulated substance into any underground storage tank to which notification of delivery prohibition has been affixed.
(f) It shall be unlawful for any person, other than an authorized representative of the division, to remove, tamper with, destroy, or damage a device affixed to any underground storage tank by division personnel.
(g) Any person violating any provision of this section shall be subject to an assessment of an administrati
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-7-814
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:8-7-814
Source file: gov.ar.code.title.08.odt
Pages: Not recorded – Not recorded
Passage SHA-256: d3c45e3470e6f5d222da1a9b66f4b47f884b44296ec9bf9a474f710c9f89444c
Source location: content.xml paragraph 8191
Stored source content
8-7-814. Delivery prohibition.
(a) It shall be unlawful to deliver to, deposit into, or accept a regulated substance into an underground storage tank at a facility that has been identified by the Division of Environmental Quality to be ineligible for fuel delivery or deposit.
(b) The Arkansas Pollution Control and Ecology Commission shall adopt rules to implement the criteria and process required by the delivery prohibition requirements of the Energy Policy Act of 2005, Pub. L. No. 109-58, and the rules shall consist of, at a minimum, the federal guidelines for determining the significant operational compliance of underground storage tank systems.
(c) In order to prevent the delivery of a regulated substance into an underground storage tank system that has been identified by the division to be ineligible for fuel delivery or deposit, the division shall affix a tamper-proof tag, seal, or other device blocking the fill pipes of the ineligible underground storage tank. This affixed notice shall serve as written notification to the owner, the operator, and the product delivery industry.
(d) No owner or operator shall receive any regulated substance into any underground storage tank to which notification of delivery prohibition has been affixed.
(e) No person selling any regulated substance shall deliver or cause to be delivered a regulated substance into any underground storage tank to which notification of delivery prohibition has been affixed.
(f) It shall be unlawful for any person, other than an authorized representative of the division, to remove, tamper with, destroy, or damage a device affixed to any underground storage tank by division personnel.
(g) Any person violating any provision of this section shall be subject to an assessment of an administrative civil penalty as set forth in this subchapter.
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