(a) The Department, after notice and opportunity for public comment, and within 12 months after July 12, 1985, shall promulgate release detection, prevention and correction regulations applicable to underground storage tanks, as may be necessary to protect human health and the environment.

(b) In promulgating regulations under this section, the Department shall take into consideration factors which affect tank integrity, including, but not limited to, tank location, type and age, soil conditions, hydrogeology, compatibility of the stored substances and the materials of which the tank is constructed, current industry recommended practices, national consensus codes and the impact of the regulations on the regulated community. The Department shall distinguish in such standards between requirements appropriate for new tanks, for tanks in existence on the date of promulgation of the standards and for abandoned tanks. The Department shall require permits for certain classes of tanks or for tanks located in certain environmentally sensitive areas where such a permit system would lead to better management of groundwater resources.

(c) The Department’s regulations shall, at a minimum, include the following provisions:

(1) A requirement that a product inventory or other such control system, adequate to identify releases from underground storage tanks, be maintained;

(2) Procedures to follow when inventory or other such control system records indicate an abnormal loss or gain which is not explainable by spillage, temperature verifications, or other known causes;

(3) A requirement that appropriate corrective action be taken in response to a release from an underground storage tank as may be necessary to protect human health and the environment;

(4) A requirement to maintain records documenting actions taken in accordance with paragraphs (c)(1)-(3) of this section;

(5) A requirement for an enforcement program; and

(6) A requirement for standards that will ensure against any future release from an underground storage tank being closed or otherwise taken out of operation.

(d) All underground storage tank system fill lines shall be clearly marked to indicate the size of the tank and the type of regulated substances stored, within 180 days of July 20, 1987; as provided in regulations established under this chapter.

65 Del. Laws, c. 161, § 1; 66 Del. Laws, c. 425, § 5.