Storage Tank Regulation Section

STORAGE TANK REGULATION SECTION LEVEL OF EFFORT GUIDANCE LEVEL I PROGRAMS

PURPOSE:

This “Level of Effort” enforcement guidance is provided to clarify the requirements of the Level I contracted local tanks programs with regards to enforcement actions.

VIOLATION TYPES:

Violation types in the storage tank regulation section.

1) Significant Non-Compliance - A (SNC – A). These violations are considered top priority due to their potential for harm to the environment. They are identified on the data entry/checklist by all capital letters and in bold print.

2) Significant Non-Compliance - B (SNC – B). These violations are considered high priority due to their potential for harm. They are identified on the data entry/checklist by bold print.

3) Minor violation – (MIN). These violations are considered low priority. They are identified by regular type font on the data entry/checklist.

SIGNIFICANT NON – COMPLANCE - A VIOLATIONS:

The following “Level of Effort” is required on SNC - A violations at the local program level.

1) Upon discovery of a SNC - A violation, the local program shall issue a Non-Compliance Letter (NCL) within 10 working days to the facility owner/operator. A warning letter shall be issued by the local program if requested by the District Task Manager.

2) After the NCL is issued, the local program will refer the violation to the DEP district office within 5 working days.

3) Upon referral of a violation to DEP, the local program shall attach all appropriate case documents as specified by the District Task Manager.

DEP Contract No. GCXXX, Guidance Document F, Page 1 of 2 SIGNIFICANT NON – COMPLANCE - B VIOLATIONS:

The following “Level of Effort” is required on SNC – B violations at the local program level.

1) Upon discovery of a SNC - B violation, the local program shall issue a Non-Compliance Letter (NCL) within 10 working days to the facility owner/operator. A warning letter shall be issued by the local program if requested by the District Task Manager.

2) The owner/operator is given 90 days to resolve the violation at the local program level. If after 90 days the violation remains unresolved, the local program shall refer the violation to the DEP district office. The 90 day clock begins upon issuance of the NCL.

3) If the violation is in the process of resolution, and is being accomplished in a manner that is acceptable to both the local program and DEP, then the DEP may waive the 90-day referral. The local program may continue the resolution process with DEP oversight.

4) Upon referral of a violation to DEP, the local program shall attach all appropriate case documents as specified by the District Task Manager.

MINOR VIOLATIONS:

The following “Level of Effort” is required to resolve minor violations at the local program level.

1) Upon discovery of a minor violation the local program shall issue a Non- Compliance Letter (NCL) within 10 working days to the facility owner/operator.

2) The owner/operator has 180 days to resolve minor violations at the local program level. The clock begins upon date of inspection. If after 180 days the violation remains unresolved, the local program shall contact the District Task Manager to discuss.

3) Once the local program and district decide on the appropriate course of action needed, the local program will have met its level of effort requirement.

DEP Contract No. GCXXX, Guidance Document F, Page 2 of 2