(a) It is unlawful for an owner or operator to use or operate an underground storage tank system that is installed after the effective date of this chapter without first having obtained a permit issued by the Commissioner.
(b) A permit to use or operate an UST system may not be issued unless:
(1) the tank, whether of single or double-walled construction, is properly designed and constructed, and any portion underground that routinely contains product is protected from corrosion, in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory, and;
(A) will prevent releases due to corrosion, structural failure, or manufacturing defects for the operational life of the tank;
(B) is cathodically protected against corrosion, constructed of non-corrosive material, steel clad with a non-corrosive material, or designed in a manner to prevent the release or threatened release of any stored substance; and
(C) the material used in the construction or lining of the tank is compatible with the substance to be stored.
(2) such piping that routinely contains regulated substances and is in contact with the ground is properly designed, constructed, and protected from corrosion in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory or as may be prescribed by regulation;
(3) spill and overfill prevention equipment, as specified by the Department or by regulation, has been properly installed and will prevent the release of product into the environment in the event of such occurrence;
(4) An owner and operator has ensured that one of the following methods of certification, testing, or inspection has been used to demonstrate compliance with subsections (b)(1) and (b)(2) of this section:
(A) The installer has been certified or licensed by the tank and piping manufacturers; or
(B) The installer has been certified or licensed by the Department; or
(C) The installation has been inspected and certified by a registered professional engineer with education and experience in UST system installation; or
(D) The installation has been inspected and approved by the Department; or
(E) All work listed in the manufacture's checklist has been completed; or
(F) The owner and operator have complied with another method of ensuring compliance with subsections (b)(1) and (b)(2) of this section that is determined by the Department to be no less protective of human health and the environment.
(5) all tanks, connected piping and ancillary equipment have been properly installed in accordance with the provisions of this chapter and inspected and approved by the Department. The requirements specified in this subsection do not affect the necessity to comply with any other applicable provisions of the Virgin Islands Code, or rules and regulations promulgated thereunder, including, the provisions of the Fire Prevention Code set forth in chapter 9 of title 23.