NAC459.9943. Underground storage tanks: Request for or acceptance of delivery of regulated substance to tank marked with red tag prohibited; deferral of prohibition.

     1. Except as otherwise provided in subsection 2, an owner or operator of a facility specified by the Division at which an underground storage tank is located shall not request or accept a delivery of a regulated substance to the underground storage tank if the underground storage tank is marked with a red tag in accordance with the provisions of NAC 459.9941 and 459.9942.

     2. The Division may authorize a single delivery, or multiple deliveries for not more than 180 days, to an underground storage tank that is marked with a red tag by providing a deferral in writing to the owner or operator of the facility, if the owner or operator demonstrates to the satisfaction of the Division that the delivery:

     (a) Is required because of an emergency;

     (b) Is for the purpose of testing or calibrating the underground storage tank to reestablish eligibility to receive a delivery pursuant to NAC 459.9944; or

     (c) Is required to maintain the availability of, or access to, motor vehicle fuel in any rural or remote area of this State specified by the Division.

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