Section 171.160  Missing, Damaged or Destroyed Evidence of Compliance Status

a)         The owner or operator of a motor fuel dispensing facility, non-motor fuel dispensing facility or hazardous substance UST system may use an inspection form issued by the OSFM to establish Evidence of Compliance Status where the tag or decal is missing, damaged or destroyed.

b)         If the person depositing the petroleum, petroleum product, hazardous substance or regulated substance has knowledge that the facility or UST system has been issued a Green decal or tag, and the decal or tag is missing, damaged or destroyed, the person so delivering the substance should attempt to make reasonable inquiry to the owner or operator of the compliance status of the UST system.  After making inquiry and receiving no information as to the non-compliance of the UST system, the person may deposit the substance but must notify the OSFM, in writing, of the delivery on the next business day and make inquiry into the status of the UST system receiving the delivery.  Knowledge may be relied on under this subsection (b) by demonstrating that the depositor has observed a prior Green decal or tag and has no knowledge of the revocation of such decal or tag.

1)         A Green decal or tag was displayed at the time of a recent, prior delivery and a Red decal or tag was not affixed to the UST system receiving the current delivery; or

2)         Other personal knowledge as sufficient to satisfy this subsection (b), including possession of a copy of an inspection form issued by the OSFM.

c)         Owners or operators of a motor fuel dispensing facility, non-motor fuel dispensing facility or hazardous substance UST system shall report all missing, damaged or destroyed tags and decals on the next business day, in writing, following the discovery and shall return to the OSFM the damaged tag or decal. The OSFM will replace missing or damaged tags and decals as soon as practicable.