Section 177.125  Missing, Damaged or Destroyed Evidence of Compliance Status

a)         The owner or operator of a UST may temporarily use a notice or letter issued pursuant to Section 177.115(d) by OSFM to establish evidence of compliance status when the green 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 has been issued a green decal, and the decal is missing, damaged or destroyed, the person delivering the substance should attempt to make reasonable inquiry to the owner or operator of the compliance status of the facility and UST. After making inquiry and receiving no information as to the non-compliance of the facility and UST, the person may deposit the substance but must notify OSFM, in writing, of the delivery on the next business day and make inquiry into the status of the UST receiving the delivery. Knowledge may be relied on under this subsection (b) by stating in writing that the depositor has observed a prior green decal and has no knowledge of the revocation of that decal. Examples include:

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

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

c)         Owners or operators of a UST shall report all missing, damaged or destroyed tags and decals on the next business day, in writing, following the discovery and shall return to OSFM the damaged tag or decal. OSFM will replace missing or damaged tags and decals as soon as practicable.