7 Del. Admin. Code § 101-12.0

Current through Register Vol. 28, No. 3, September 1, 2024

Section 101-12.0 - Permit Recordkeeping and Reporting

12.1 All permittees shall:

12.1.1 At all times keep a copy of the permit on the premises where permitted activities occur;

12.1.2 Allow access by the Department for inspections;

12.1.3 Produce any and all records relevant to the permit and compliance therewith upon being requested by the Department;

12.1.4 Notify the Department immediately of any event or condition that affects the ability of the permittee to comply with the terms of the permit or of any violation of any term or condition of the permit.

12.1.5 Permittees who have been issued conversion permits to perform bulk product transfers shall:

12.1.5.1 Maintain records of the types and quantities of bulk products transferred from shore to ship, ship to ship, and ship to shore, the dates of the transfers, the origin and destination of all products shipped from the facility, except grain, which shall maintain records only of the quantities and dates of transfers; and

12.1.5.2 Submit to the Secretary annually, no more than 10 days prior to or after the anniversary of permit issuance, a report summarizing all bulk product transfers to and from the facility during the preceding calendar year, including the quantity, date and type of goods received by and shipped from the project site, and its origin and destination, except that bulk transfers of grain shall not report the shipping destination.

12.1.6 Conversion permittees shall update the project site's Sea Level Rise and Coastal Storm Plan every 10 years to reflect any changes to the factors listed in subsection 8.4.2, and resubmit the updated Plan to the Department prior to but no more than 10 days before the 10-year anniversary of the date of permit issuance. If the update reveals that the areas having a 1% or 0.2% probability of flooding or being exposed in the High Sea Level Rise Scenario would include operations, facilities, and infrastructure that would not have been flooded or exposed according to the previous Sea Level Rise and Coastal Storms plan, but would be according to updated information, the permittee shall propose a schedule and, if necessary, request a major modification describing any capital improvements that must be made in order to avoid potential environmental damage in accordance with subsection 8.4.2.4.

12.1.7 Conversion permittees shall annually, within 30 days of the anniversary of permit issuance, submit evidence that the financial assurance required by these regulations is in effect, and that all necessary actions have been taken, including paying premiums or fees, to ensure that the full amount of the required financial assurance will be in effect through the date of the next subsequent anniversary of the date that the Secretary issued the permit.

12.1.8 If a conversion permit contains an annual offset, the permittee shall annually submit a report of offset operation, completion and efficacy within 10 days of the anniversary of permit issuance.

7 Del. Admin. Code § 101-12.0

23 DE Reg. 222 (9/1/2019) (final)