Nothing in the policies or procedures shall affect regulatory requirements. The policies and procedures herein are not an adjudication or a regulation. There is no intent on the part of the Department to give these rules that weight or deference. This document establishes the framework within which DEP will exercise its administrative discretion in the future. DEP reserves the discretion to deviate from this policy statement if circumstances warrant.
Real property can be any stationary permanent physical support on which the tank is resting.
This may include the ground, an impermeable pad, building structure, saddles, stilts, etc. Not able to be moved means that the tank is NOT designed to be moved to other service locations. If the piping is affixed to real property and the tank is continuously attached to the piping, the tank is considered to be permanently affixed. The Act and regulations define a stationary tank as one that is not able to be moved or is connected to the real property by piping or other structure. Physical connection of a tank to the property can be easily avoided or altered to circumvent this definition.