Enforcement
The Navajo Nation storage tank laws apply to all owners and operators of aboveground (“AST”) and underground storage tanks (“UST”). These laws and regulations can be found here. The Navajo Nation Storage Tank Program enforces these laws (including incorporated federal and state regulations). The Storage Tank Program conducts Navajo Nation inspections under Navajo Nation laws and brings its own enforcement actions, including issuing field penalties and red-tagging tanks found to be out of compliance. Owners and operators of USTs must also comply with federal UST program requirements, which may be found at 40 C.F.R. Part 280. Owners and operators of ASTs must also comply with federal spill prevention control regulations, which may be found at 40 C.F.R. Part 112.
Field Citation Program
The Storage Tank Program may assess field citations for minor violations of the Navajo Nation Storage Tank Act and related regulations. A brief overview of the field citation procedure is included on the citation form. Field citation penalties are listed in Table A.
Field Citation Procedure
Field citation forms indicate the violation found and the proposed penalty.
The owner or operator has 30 days to:
pay the penalty,
submit documentation showing that the violations have been corrected, and
return the signed form to the Storage Tank Program.
Owner or operator may request the Storage Tank Program to withdraw or modify a field citation, if the request is made within 15 days.
Owner or operator may request a one-time 30-day extension to pay the penalty.
Owner or operator has 30 days to challenge the penalty by requesting a Navajo Nation Environmental Protection Agency hearing.
If no timely request for a hearing is made, then the field citation and penalty become final.
Please consult the Navajo Nation Storage Tank Act Penalty Regulations, Section 105(c) for additional information regarding the field citation program.
Red-Tagging Program
The Navajo Nation may affix a red tag to non-compliant storage tanks to prevent fuel from being delivered to those tanks. A red tag may be affixed immediately and an emergency compliance order will be issued for imminent threat violations, which may include, but are not limited to, failures to comply with spill, overfill, leak detection, or corrosion protection requirements.
Red Tag Procedure
Reg Tag is affixed to the fill pipe of the non-compliant storage tank system.
No person may deposit or allow the deposit of a regulated substance into a storage tank with a red tag affixed to its fill pipe.
The owner or operator has 30 days to comply or request an appeal. Appeal procedures vary depending on the type of violation:
Emergency Compliance Orders: The affixing of the red tag and the issuance of the emergency compliance order are subject to appeal as set forth in NNSTA Section 1552(C) and Section 306 of the NNEPA Uniform Regulations.
Other violations: Owner or operator has 30 days to request a Navajo Nation Environmental Protection Agency hearing.
Once the violation triggering the delivery prohibition has been corrected, a red tag may be removed.
If the owner or operator removes a red tag pursuant to written authorization, the owner or operator must document the level of stored product in the tank immediately after removing the red tag and submit that information to the Storage Tank Program within 5 business days. The owner or operator must return the red tag at the same time.
Please consult the Navajo Nation Storage Tank Act Section 1521(c), Delivery Prohibition Regulations, and Delivery Prohibition Guidance for additional information regarding the Red Tag program.
