NAC459.9944. Underground storage tanks: Reclassification of tank marked with red tag as eligible to receive delivery of regulated substance.

If the Division determines that an underground storage tank is ineligible to receive a delivery of a regulated substance and the underground storage tank is marked with a red tag pursuant to NAC 459.9941 and 459.9942, the Division may reclassify the underground storage tank as eligible to receive such a delivery if:

     1. The owner or operator of the facility at which the underground storage tank is located provides to the Division documentation setting forth the remedial actions taken to install any required equipment or to correct any operational failure of that equipment;

     2. The Division reviews the documentation to determine the appropriateness of the remedial action taken:

     (a) Except as otherwise provided in paragraph (b), within 7 days after the Division receives the documentation; or

     (b) Within 14 days after the Division receives the documentation, if the Division determines that an inspection of the site of the underground storage tank is required; and

     3. The Division removes the red tag or authorizes the owner or operator of the facility, in writing, to remove the red tag after determining that the remedial actions taken by the owner or operator are appropriate.

     (Added to NAC by Environmental Comm’n by R004-08, eff. 4-17-2008)