State Codes and Statutes

Statutes > California > Hsc > 25270-25270.13

HEALTH AND SAFETY CODE
SECTION 25270-25270.13



25270.  This chapter shall be known and may be cited as the
Aboveground Petroleum Storage Act.



25270.2.  For purposes of this chapter, the following definitions
apply:
   (a) "Aboveground storage tank" or "storage tank" means a tank that
has the capacity to store 55 gallons or more of petroleum and that
is substantially or totally above the surface of the ground.
"Aboveground storage tank" does not include any of the following:
   (1) A pressure vessel or boiler that is subject to Part 6
(commencing with Section 7620) of Division 5 of the Labor Code.
   (2) A tank containing hazardous waste, as described in subdivision
(g) of Section 25316, if the Department of Toxic Substances Control
has issued the person owning or operating the tank a hazardous waste
facilities permit for the storage tank.
   (3) An aboveground oil production tank that is subject to Section
3106 of the Public Resources Code.
   (4) Oil-filled electrical equipment, including, but not limited
to, transformers, circuit breakers, or capacitors, if the oil-filled
electrical equipment meets either of the following conditions:
   (A) The equipment contains less than 10,000 gallons of dielectric
fluid.
   (B) The equipment contains 10,000 gallons or more of dielectric
fluid with PCB levels less than 50 parts per million, appropriate
containment or diversionary structures or equipment are employed to
prevent discharged oil from reaching a navigable water course, and
the electrical equipment is visually inspected in accordance with the
usual routine maintenance procedures of the owner or operator.
   (5) A tank regulated as an underground storage tank under Chapter
6.7 (commencing with Section 25280) of this division and Chapter 16
(commencing with Section 2610) of Division 3 of Title 23 of the
California Code of Regulations.
   (6) A transportation-related tank facility, subject to the
authority and control of the United States Department of
Transportation, as defined in the Memorandum of Understanding between
the Secretary of Transportation and the Administrator of the United
States Environmental Protection Agency, dated November 24, 1971, set
forth in Appendix A to Part 112 (commencing with Section 112.1) of
Subchapter D of Chapter I of Title 40 of the Code of Federal
Regulations.
   (b) "Board" means the State Water Resources Control Board.
   (c) (1) "Certified Unified Program Agency" or "CUPA" means the
agency certified by the Secretary for Environmental Protection to
implement the unified program specified in Chapter 6.11 (commencing
with Section 25404) within a jurisdiction.
   (2) "Participating Agency" or "PA" means an agency that has a
written agreement with the CUPA pursuant to subdivision (d) of
Section 25404.3, and is approved by the secretary, to implement and
enforce the unified program element specified in paragraph (2) of
subdivision (c) of Section 25404, in accordance with Sections 25404.1
and 25404.2.
   (3) (A) "Unified Program Agency" or "UPA" means the CUPA, or its
participating agencies to the extent that each PA has been designated
by the CUPA, pursuant to a written agreement, to implement and
enforce the unified program element specified in paragraph (2) of
subdivision (c) of Section 25404. The UPAs have the responsibility
and authority, to the extent provided by this chapter and Sections
25404.1 and 25404.2, to implement and enforce the requirements of
this chapter.
   (B) After a CUPA has been certified by the secretary, the unified
program agency shall be the only agency authorized to enforce the
requirements of this chapter.
   (C) This paragraph does not limit the authority or responsibility
granted to the board and the regional boards by this chapter.
   (d) "Operator" means the person responsible for the overall
operation of a tank facility.
   (e) "Owner" means the person who owns the tank facility or part of
the tank facility.
   (f) "Person" means an individual, trust, firm, joint stock
company, corporation, including a government corporation,
partnership, limited liability company, or association. "Person" also
includes any city, county, district, the University of California,
the California State University, the state, any department or agency
thereof, and the United States, to the extent authorized by federal
law.
   (g) "Petroleum" means crude oil, or a fraction thereof, that is
liquid at 60 degrees Fahrenheit temperature and 14.7 pounds per
square inch absolute pressure.
   (h) "Regional board" means a California regional water quality
control board.
   (i) "Release" means any spilling, leaking, pumping, pouring,
emitting, emptying, discharging, escaping, leaching, or disposing
into the environment.
   (j) "Secretary" means the Secretary for Environmental Protection.
   (k) "Storage" or "store" means the containment, handling, or
treatment of petroleum, for a period of time, including on a
temporary basis.
   (l) "Storage capacity" means the aggregate capacity of all
aboveground tanks at a tank facility.
   (m) "Tank facility" means one or more aboveground storage tanks,
including any piping that is integral to the tanks, that contain
petroleum and that are used by an owner or operator at a single
location or site. For purposes of this chapter, a pipe is integrally
related to an aboveground storage tank if the pipe is connected to
the tank and meets any of the following:
   (1) The pipe is within the dike or containment area.
   (2) The pipe is between the containment area and the first flange
or valve outside the containment area.
   (3) The pipe is connected to the first flange or valve on the
exterior of the tank, if state or federal law does not require a
containment area.


25270.3.   A tank facility is subject to this chapter if the tank
facility is subject to the oil pollution prevention regulations
specified in Part 112 (commencing with Section 112.1) of Subchapter D
of Chapter I of Title 40 of the Code of Federal Regulations or the
tank facility has a storage capacity of 1,320 gallons or more of
petroleum.



25270.4.  This chapter shall be implemented by the Unified Program
Agency. If there is no UPA, the agency authorized pursuant to
subdivision (f) of Section 25404.3 shall be deemed to be the UPA for
purposes of this chapter and shall implement this chapter.




25270.4.5.  (a) Except as provided in subdivision (b), each owner or
operator of a storage tank at a tank facility subject to this
chapter shall prepare a spill prevention control and countermeasure
plan prepared in accordance with Part 112 (commencing with Section
112.1) of Subchapter D of Chapter I of Title 40 of the Code of
Federal Regulations. Each owner or operator specified in this
subdivision shall conduct periodic inspections of the storage tank to
assure compliance with Section 112 (commencing with Section 112.1)
of Subchapter D of Chapter I of Title 40 of the Code of Federal
Regulations. In implementing the spill prevention control and
countermeasure plan, each owner or operator specified in this
subdivision shall fully comply with the latest version of the
regulations contained in Part 112 (commencing with Section 112.1) of
Subchapter D of Chapter I of Title 40 of the Code of Federal
Regulations.
   (b) A tank facility located on a farm, nursery, logging site, or
construction site is not subject to subdivision (a) if no storage
tank at the location exceeds 20,000 gallons and the cumulative
storage capacity of the tank facility does not exceed 100,000
gallons. The owner or operator of a tank facility exempt pursuant to
this subdivision shall take the following actions:
   (1) Conduct a daily visual inspection of any storage tank storing
petroleum.
   (2) Allow the UPA to conduct a periodic inspection of the tank
facility.
   (3) If the UPA determines installation of secondary containment is
necessary for the protection of the waters of the state, install a
secondary means of containment for each tank or group of tanks where
the secondary containment will, at a minimum, contain the entire
contents of the largest tank protected by the secondary containment
plus precipitation.


25270.5.  (a) Except as provided in subdivision (b), at least once
every three years, the UPA shall inspect each storage tank or a
representative sampling of the storage tanks at each tank facility
that has a storage capacity of 10,000 gallons or more of petroleum.
The purpose of the inspection shall be to determine whether the owner
or operator is in compliance with the spill prevention control and
countermeasure plan requirements of this chapter.
    (b) The UPA may develop an alternative inspection and compliance
plan, subject to approval by the secretary.
   (c) An inspection conducted pursuant to this section does not
require the oversight of a professional engineer. The person
conducting the inspection shall meet both of the following
requirements:
   (1) Complete an aboveground storage tank training program, which
shall be established by the secretary.
   (2) Satisfactorily pass an examination developed by the secretary
on the spill prevention control and countermeasure plan provisions
and safety requirements for aboveground storage tank inspections.



25270.6.  (a) (1) On or before January 1, 2009, and on or before
January 1 annually thereafter, each owner or operator of a tank
facility subject to this chapter shall file with the UPA a tank
facility statement that shall identify the name and address of the
tank facility, a contact person for the tank facility, the total
storage capacity of the tank facility, and the location, size, age,
and contents of each storage tank that exceeds 10,000 gallons in
capacity and that holds a substance containing at least 5 percent of
petroleum. A copy of a statement submitted previously pursuant to
this section may be submitted in lieu of a new tank facility
statement if no new or used storage tanks have been added to the
facility or if no significant modifications have been made. For
purposes of this section, a significant modification includes, but is
not limited to, altering existing storage tanks or changing spill
prevention or containment methods.
   (2) Notwithstanding paragraph (1), an owner or operator of a tank
facility that submits a business plan, as defined in subdivision (e)
of Section 25501, to the UPA, and that complies with Sections
25503.5, 25505, and 25510, satisfies the requirement in paragraph (1)
to file a tank facility statement.
   (b) Each year, commencing in calendar year 2010, each owner or
operator of a tank facility who is subject to the requirements of
subdivision (a) shall pay a fee to the UPA, on or before a date
specified by the UPA. The governing body of the UPA shall establish a
fee, as part of the single fee system implemented pursuant to
Section 25404.5, at a level sufficient to pay the necessary and
reasonable costs incurred by the UPA in administering this chapter,
including, but not limited to, inspections, enforcement, and
administrative costs. The UPA shall also implement the fee
accountability program established pursuant to subdivision (c) of
Section 25404.5 and the regulations adopted to implement that
program.


25270.8.  Each owner or operator of a tank facility shall
immediately, upon discovery, notify the California Emergency
Management Agency and the UPA using the appropriate 24-hour emergency
number or the 911 number, as established by the UPA, or by the
governing body of the UPA, of the occurrence of a spill or other
release of one barrel (42 gallons) or more of petroleum that is
required to be reported pursuant to subdivision (a) of Section 13272
of the Water Code.


25270.9.  (a) The board and the regional board may oversee cleanup
or abatement efforts, or cause cleanup or abatement efforts, of a
release from a storage tank at a tank facility.
   (b) The reasonable expenses of the board and the regional board
incurred in overseeing, or contracting for, cleanup or abatement
efforts that result from a release at a tank facility is a charge
against the owner or operator of the tank facility. Expenses
reimbursable to a public agency under this section are a debt of the
tank facility owner or operator, and shall be collected in the same
manner as in the case of an obligation under a contract, express or
implied.
   (c) Expenses recovered by the board or a regional board pursuant
to this section shall be deposited into the Waste Discharge Permit
Fund. These moneys shall be separately accounted for, and shall be
expended by the board, upon appropriation by the Legislature, to
assist regional boards and other public agencies with authority to
clean up waste or abate the effects of the waste, in cleaning up or
abating the effects of the waste on waters of the state, or for the
purposes authorized in Section 13443.



25270.11.  (a) All moneys in the Environmental Protection Trust Fund
may be expended, upon appropriation by the Legislature, in the
following manner:
   (1) A portion of the funds, in an amount determined by the
secretary in consultation with the UPAs, to a training account
established and maintained by the secretary, to be used for purposes
of training UPA personnel in the requirements of this chapter.
   (2) All remaining funds in the Environmental Protection Trust
Fund, shall be allocated to the UPAs, in accordance with a formula
and process determined by the secretary in consultation with the
UPAs. The UPAs shall expend those funds for the purpose of
implementing this chapter. Eighty percent or less of each UPA's
allocation may be distributed to the UPA in advance of actual
expenditure by the UPA.
   (b) All moneys remaining in the training account established
pursuant to paragraph (1) of subdivision (a), as of June 1, 2011, may
be expended pursuant to paragraph (2) of subdivision (a), upon
appropriation by the Legislature.
   (c) All moneys remaining in the Environmental Protection Trust
Fund that have not been expended, as of June 1, 2011, shall be
expended pursuant to paragraph (2) of subdivision (a), upon
appropriation by the Legislature.(d) This section shall become
inoperative on July 1, 2011, and, as of January 1, 2012, is repealed,
unless a later enacted statute, that becomes operative on or before
January 1, 2012, deletes or extends the dates on which it becomes
inoperative and is repealed.



25270.12.  (a) Any owner or operator of a tank facility who fails to
prepare a spill prevention control and countermeasure plan in
compliance with subdivision (a) of Section 25270.4.5, to file a tank
facility statement pursuant to subdivision (a) of Section 25270.6, to
submit the fee required by subdivision (b) of Section 25270.6, to
report spills as required by Section 25270.8, or otherwise to comply
with the requirements of this chapter, is subject to a civil penalty
of not more than five thousand dollars ($5,000) for each day on which
the violation continues. If the owner or operator commits a second
or subsequent violation, a civil penalty of not more than ten
thousand dollars ($10,000) for each day on which the violation
continues may be imposed.
   (b) (1) The civil penalties provided by this section may be
assessed and recovered in a civil action brought by the city attorney
or district attorney on behalf of the UPA.
   (2) Fifty percent of all penalties assessed and recovered in a
civil action brought on behalf of a UPA pursuant to this subdivision
shall be deposited into a unified program account established by the
UPA for the purpose of carrying out the functions of the unified
program and 50 percent shall be paid to the office of the city
attorney or district attorney, whoever brought that action.
   (c) (1) The civil penalties provided in this section may be
assessed and recovered in a civil action brought by the Attorney
General on behalf of the board or a regional board, or on behalf of
the people of the State of California.
   (2) All penalties assessed and recovered in a civil action brought
pursuant to this subdivision shall be deposited in the Waste
Discharge Permit Fund. These moneys shall be separately accounted
for, and shall be expended by the board, upon appropriation by the
Legislature, to assist regional boards and other public agencies with
authority to clean up waste or abate the effects of the waste, in
cleaning up or abating the effects of the waste on waters of the
state, or for the purposes authorized in Section 13443.
   (d) The city attorney, district attorney, or the Attorney General
may seek to enjoin, in any court of competent jurisdiction, any
person believed to be in violation of this chapter.
   (e) The penalties specified in this section are in addition to any
other penalties provided by law.



25270.13.  (a) This chapter does not preempt local storage tank
ordinances, in effect as of August 16, 1989, that meet or exceed the
standards prescribed by this chapter.
   (b) This chapter does not preempt the authority granted to the
board and the regional boards under the Porter Cologne Water Quality
Control Act (Division 7 (commencing with Section 13000) of the Water
Code).

State Codes and Statutes

Statutes > California > Hsc > 25270-25270.13

HEALTH AND SAFETY CODE
SECTION 25270-25270.13



25270.  This chapter shall be known and may be cited as the
Aboveground Petroleum Storage Act.



25270.2.  For purposes of this chapter, the following definitions
apply:
   (a) "Aboveground storage tank" or "storage tank" means a tank that
has the capacity to store 55 gallons or more of petroleum and that
is substantially or totally above the surface of the ground.
"Aboveground storage tank" does not include any of the following:
   (1) A pressure vessel or boiler that is subject to Part 6
(commencing with Section 7620) of Division 5 of the Labor Code.
   (2) A tank containing hazardous waste, as described in subdivision
(g) of Section 25316, if the Department of Toxic Substances Control
has issued the person owning or operating the tank a hazardous waste
facilities permit for the storage tank.
   (3) An aboveground oil production tank that is subject to Section
3106 of the Public Resources Code.
   (4) Oil-filled electrical equipment, including, but not limited
to, transformers, circuit breakers, or capacitors, if the oil-filled
electrical equipment meets either of the following conditions:
   (A) The equipment contains less than 10,000 gallons of dielectric
fluid.
   (B) The equipment contains 10,000 gallons or more of dielectric
fluid with PCB levels less than 50 parts per million, appropriate
containment or diversionary structures or equipment are employed to
prevent discharged oil from reaching a navigable water course, and
the electrical equipment is visually inspected in accordance with the
usual routine maintenance procedures of the owner or operator.
   (5) A tank regulated as an underground storage tank under Chapter
6.7 (commencing with Section 25280) of this division and Chapter 16
(commencing with Section 2610) of Division 3 of Title 23 of the
California Code of Regulations.
   (6) A transportation-related tank facility, subject to the
authority and control of the United States Department of
Transportation, as defined in the Memorandum of Understanding between
the Secretary of Transportation and the Administrator of the United
States Environmental Protection Agency, dated November 24, 1971, set
forth in Appendix A to Part 112 (commencing with Section 112.1) of
Subchapter D of Chapter I of Title 40 of the Code of Federal
Regulations.
   (b) "Board" means the State Water Resources Control Board.
   (c) (1) "Certified Unified Program Agency" or "CUPA" means the
agency certified by the Secretary for Environmental Protection to
implement the unified program specified in Chapter 6.11 (commencing
with Section 25404) within a jurisdiction.
   (2) "Participating Agency" or "PA" means an agency that has a
written agreement with the CUPA pursuant to subdivision (d) of
Section 25404.3, and is approved by the secretary, to implement and
enforce the unified program element specified in paragraph (2) of
subdivision (c) of Section 25404, in accordance with Sections 25404.1
and 25404.2.
   (3) (A) "Unified Program Agency" or "UPA" means the CUPA, or its
participating agencies to the extent that each PA has been designated
by the CUPA, pursuant to a written agreement, to implement and
enforce the unified program element specified in paragraph (2) of
subdivision (c) of Section 25404. The UPAs have the responsibility
and authority, to the extent provided by this chapter and Sections
25404.1 and 25404.2, to implement and enforce the requirements of
this chapter.
   (B) After a CUPA has been certified by the secretary, the unified
program agency shall be the only agency authorized to enforce the
requirements of this chapter.
   (C) This paragraph does not limit the authority or responsibility
granted to the board and the regional boards by this chapter.
   (d) "Operator" means the person responsible for the overall
operation of a tank facility.
   (e) "Owner" means the person who owns the tank facility or part of
the tank facility.
   (f) "Person" means an individual, trust, firm, joint stock
company, corporation, including a government corporation,
partnership, limited liability company, or association. "Person" also
includes any city, county, district, the University of California,
the California State University, the state, any department or agency
thereof, and the United States, to the extent authorized by federal
law.
   (g) "Petroleum" means crude oil, or a fraction thereof, that is
liquid at 60 degrees Fahrenheit temperature and 14.7 pounds per
square inch absolute pressure.
   (h) "Regional board" means a California regional water quality
control board.
   (i) "Release" means any spilling, leaking, pumping, pouring,
emitting, emptying, discharging, escaping, leaching, or disposing
into the environment.
   (j) "Secretary" means the Secretary for Environmental Protection.
   (k) "Storage" or "store" means the containment, handling, or
treatment of petroleum, for a period of time, including on a
temporary basis.
   (l) "Storage capacity" means the aggregate capacity of all
aboveground tanks at a tank facility.
   (m) "Tank facility" means one or more aboveground storage tanks,
including any piping that is integral to the tanks, that contain
petroleum and that are used by an owner or operator at a single
location or site. For purposes of this chapter, a pipe is integrally
related to an aboveground storage tank if the pipe is connected to
the tank and meets any of the following:
   (1) The pipe is within the dike or containment area.
   (2) The pipe is between the containment area and the first flange
or valve outside the containment area.
   (3) The pipe is connected to the first flange or valve on the
exterior of the tank, if state or federal law does not require a
containment area.


25270.3.   A tank facility is subject to this chapter if the tank
facility is subject to the oil pollution prevention regulations
specified in Part 112 (commencing with Section 112.1) of Subchapter D
of Chapter I of Title 40 of the Code of Federal Regulations or the
tank facility has a storage capacity of 1,320 gallons or more of
petroleum.



25270.4.  This chapter shall be implemented by the Unified Program
Agency. If there is no UPA, the agency authorized pursuant to
subdivision (f) of Section 25404.3 shall be deemed to be the UPA for
purposes of this chapter and shall implement this chapter.




25270.4.5.  (a) Except as provided in subdivision (b), each owner or
operator of a storage tank at a tank facility subject to this
chapter shall prepare a spill prevention control and countermeasure
plan prepared in accordance with Part 112 (commencing with Section
112.1) of Subchapter D of Chapter I of Title 40 of the Code of
Federal Regulations. Each owner or operator specified in this
subdivision shall conduct periodic inspections of the storage tank to
assure compliance with Section 112 (commencing with Section 112.1)
of Subchapter D of Chapter I of Title 40 of the Code of Federal
Regulations. In implementing the spill prevention control and
countermeasure plan, each owner or operator specified in this
subdivision shall fully comply with the latest version of the
regulations contained in Part 112 (commencing with Section 112.1) of
Subchapter D of Chapter I of Title 40 of the Code of Federal
Regulations.
   (b) A tank facility located on a farm, nursery, logging site, or
construction site is not subject to subdivision (a) if no storage
tank at the location exceeds 20,000 gallons and the cumulative
storage capacity of the tank facility does not exceed 100,000
gallons. The owner or operator of a tank facility exempt pursuant to
this subdivision shall take the following actions:
   (1) Conduct a daily visual inspection of any storage tank storing
petroleum.
   (2) Allow the UPA to conduct a periodic inspection of the tank
facility.
   (3) If the UPA determines installation of secondary containment is
necessary for the protection of the waters of the state, install a
secondary means of containment for each tank or group of tanks where
the secondary containment will, at a minimum, contain the entire
contents of the largest tank protected by the secondary containment
plus precipitation.


25270.5.  (a) Except as provided in subdivision (b), at least once
every three years, the UPA shall inspect each storage tank or a
representative sampling of the storage tanks at each tank facility
that has a storage capacity of 10,000 gallons or more of petroleum.
The purpose of the inspection shall be to determine whether the owner
or operator is in compliance with the spill prevention control and
countermeasure plan requirements of this chapter.
    (b) The UPA may develop an alternative inspection and compliance
plan, subject to approval by the secretary.
   (c) An inspection conducted pursuant to this section does not
require the oversight of a professional engineer. The person
conducting the inspection shall meet both of the following
requirements:
   (1) Complete an aboveground storage tank training program, which
shall be established by the secretary.
   (2) Satisfactorily pass an examination developed by the secretary
on the spill prevention control and countermeasure plan provisions
and safety requirements for aboveground storage tank inspections.



25270.6.  (a) (1) On or before January 1, 2009, and on or before
January 1 annually thereafter, each owner or operator of a tank
facility subject to this chapter shall file with the UPA a tank
facility statement that shall identify the name and address of the
tank facility, a contact person for the tank facility, the total
storage capacity of the tank facility, and the location, size, age,
and contents of each storage tank that exceeds 10,000 gallons in
capacity and that holds a substance containing at least 5 percent of
petroleum. A copy of a statement submitted previously pursuant to
this section may be submitted in lieu of a new tank facility
statement if no new or used storage tanks have been added to the
facility or if no significant modifications have been made. For
purposes of this section, a significant modification includes, but is
not limited to, altering existing storage tanks or changing spill
prevention or containment methods.
   (2) Notwithstanding paragraph (1), an owner or operator of a tank
facility that submits a business plan, as defined in subdivision (e)
of Section 25501, to the UPA, and that complies with Sections
25503.5, 25505, and 25510, satisfies the requirement in paragraph (1)
to file a tank facility statement.
   (b) Each year, commencing in calendar year 2010, each owner or
operator of a tank facility who is subject to the requirements of
subdivision (a) shall pay a fee to the UPA, on or before a date
specified by the UPA. The governing body of the UPA shall establish a
fee, as part of the single fee system implemented pursuant to
Section 25404.5, at a level sufficient to pay the necessary and
reasonable costs incurred by the UPA in administering this chapter,
including, but not limited to, inspections, enforcement, and
administrative costs. The UPA shall also implement the fee
accountability program established pursuant to subdivision (c) of
Section 25404.5 and the regulations adopted to implement that
program.


25270.8.  Each owner or operator of a tank facility shall
immediately, upon discovery, notify the California Emergency
Management Agency and the UPA using the appropriate 24-hour emergency
number or the 911 number, as established by the UPA, or by the
governing body of the UPA, of the occurrence of a spill or other
release of one barrel (42 gallons) or more of petroleum that is
required to be reported pursuant to subdivision (a) of Section 13272
of the Water Code.


25270.9.  (a) The board and the regional board may oversee cleanup
or abatement efforts, or cause cleanup or abatement efforts, of a
release from a storage tank at a tank facility.
   (b) The reasonable expenses of the board and the regional board
incurred in overseeing, or contracting for, cleanup or abatement
efforts that result from a release at a tank facility is a charge
against the owner or operator of the tank facility. Expenses
reimbursable to a public agency under this section are a debt of the
tank facility owner or operator, and shall be collected in the same
manner as in the case of an obligation under a contract, express or
implied.
   (c) Expenses recovered by the board or a regional board pursuant
to this section shall be deposited into the Waste Discharge Permit
Fund. These moneys shall be separately accounted for, and shall be
expended by the board, upon appropriation by the Legislature, to
assist regional boards and other public agencies with authority to
clean up waste or abate the effects of the waste, in cleaning up or
abating the effects of the waste on waters of the state, or for the
purposes authorized in Section 13443.



25270.11.  (a) All moneys in the Environmental Protection Trust Fund
may be expended, upon appropriation by the Legislature, in the
following manner:
   (1) A portion of the funds, in an amount determined by the
secretary in consultation with the UPAs, to a training account
established and maintained by the secretary, to be used for purposes
of training UPA personnel in the requirements of this chapter.
   (2) All remaining funds in the Environmental Protection Trust
Fund, shall be allocated to the UPAs, in accordance with a formula
and process determined by the secretary in consultation with the
UPAs. The UPAs shall expend those funds for the purpose of
implementing this chapter. Eighty percent or less of each UPA's
allocation may be distributed to the UPA in advance of actual
expenditure by the UPA.
   (b) All moneys remaining in the training account established
pursuant to paragraph (1) of subdivision (a), as of June 1, 2011, may
be expended pursuant to paragraph (2) of subdivision (a), upon
appropriation by the Legislature.
   (c) All moneys remaining in the Environmental Protection Trust
Fund that have not been expended, as of June 1, 2011, shall be
expended pursuant to paragraph (2) of subdivision (a), upon
appropriation by the Legislature.(d) This section shall become
inoperative on July 1, 2011, and, as of January 1, 2012, is repealed,
unless a later enacted statute, that becomes operative on or before
January 1, 2012, deletes or extends the dates on which it becomes
inoperative and is repealed.



25270.12.  (a) Any owner or operator of a tank facility who fails to
prepare a spill prevention control and countermeasure plan in
compliance with subdivision (a) of Section 25270.4.5, to file a tank
facility statement pursuant to subdivision (a) of Section 25270.6, to
submit the fee required by subdivision (b) of Section 25270.6, to
report spills as required by Section 25270.8, or otherwise to comply
with the requirements of this chapter, is subject to a civil penalty
of not more than five thousand dollars ($5,000) for each day on which
the violation continues. If the owner or operator commits a second
or subsequent violation, a civil penalty of not more than ten
thousand dollars ($10,000) for each day on which the violation
continues may be imposed.
   (b) (1) The civil penalties provided by this section may be
assessed and recovered in a civil action brought by the city attorney
or district attorney on behalf of the UPA.
   (2) Fifty percent of all penalties assessed and recovered in a
civil action brought on behalf of a UPA pursuant to this subdivision
shall be deposited into a unified program account established by the
UPA for the purpose of carrying out the functions of the unified
program and 50 percent shall be paid to the office of the city
attorney or district attorney, whoever brought that action.
   (c) (1) The civil penalties provided in this section may be
assessed and recovered in a civil action brought by the Attorney
General on behalf of the board or a regional board, or on behalf of
the people of the State of California.
   (2) All penalties assessed and recovered in a civil action brought
pursuant to this subdivision shall be deposited in the Waste
Discharge Permit Fund. These moneys shall be separately accounted
for, and shall be expended by the board, upon appropriation by the
Legislature, to assist regional boards and other public agencies with
authority to clean up waste or abate the effects of the waste, in
cleaning up or abating the effects of the waste on waters of the
state, or for the purposes authorized in Section 13443.
   (d) The city attorney, district attorney, or the Attorney General
may seek to enjoin, in any court of competent jurisdiction, any
person believed to be in violation of this chapter.
   (e) The penalties specified in this section are in addition to any
other penalties provided by law.



25270.13.  (a) This chapter does not preempt local storage tank
ordinances, in effect as of August 16, 1989, that meet or exceed the
standards prescribed by this chapter.
   (b) This chapter does not preempt the authority granted to the
board and the regional boards under the Porter Cologne Water Quality
Control Act (Division 7 (commencing with Section 13000) of the Water
Code).


State Codes and Statutes

State Codes and Statutes

Statutes > California > Hsc > 25270-25270.13

HEALTH AND SAFETY CODE
SECTION 25270-25270.13



25270.  This chapter shall be known and may be cited as the
Aboveground Petroleum Storage Act.



25270.2.  For purposes of this chapter, the following definitions
apply:
   (a) "Aboveground storage tank" or "storage tank" means a tank that
has the capacity to store 55 gallons or more of petroleum and that
is substantially or totally above the surface of the ground.
"Aboveground storage tank" does not include any of the following:
   (1) A pressure vessel or boiler that is subject to Part 6
(commencing with Section 7620) of Division 5 of the Labor Code.
   (2) A tank containing hazardous waste, as described in subdivision
(g) of Section 25316, if the Department of Toxic Substances Control
has issued the person owning or operating the tank a hazardous waste
facilities permit for the storage tank.
   (3) An aboveground oil production tank that is subject to Section
3106 of the Public Resources Code.
   (4) Oil-filled electrical equipment, including, but not limited
to, transformers, circuit breakers, or capacitors, if the oil-filled
electrical equipment meets either of the following conditions:
   (A) The equipment contains less than 10,000 gallons of dielectric
fluid.
   (B) The equipment contains 10,000 gallons or more of dielectric
fluid with PCB levels less than 50 parts per million, appropriate
containment or diversionary structures or equipment are employed to
prevent discharged oil from reaching a navigable water course, and
the electrical equipment is visually inspected in accordance with the
usual routine maintenance procedures of the owner or operator.
   (5) A tank regulated as an underground storage tank under Chapter
6.7 (commencing with Section 25280) of this division and Chapter 16
(commencing with Section 2610) of Division 3 of Title 23 of the
California Code of Regulations.
   (6) A transportation-related tank facility, subject to the
authority and control of the United States Department of
Transportation, as defined in the Memorandum of Understanding between
the Secretary of Transportation and the Administrator of the United
States Environmental Protection Agency, dated November 24, 1971, set
forth in Appendix A to Part 112 (commencing with Section 112.1) of
Subchapter D of Chapter I of Title 40 of the Code of Federal
Regulations.
   (b) "Board" means the State Water Resources Control Board.
   (c) (1) "Certified Unified Program Agency" or "CUPA" means the
agency certified by the Secretary for Environmental Protection to
implement the unified program specified in Chapter 6.11 (commencing
with Section 25404) within a jurisdiction.
   (2) "Participating Agency" or "PA" means an agency that has a
written agreement with the CUPA pursuant to subdivision (d) of
Section 25404.3, and is approved by the secretary, to implement and
enforce the unified program element specified in paragraph (2) of
subdivision (c) of Section 25404, in accordance with Sections 25404.1
and 25404.2.
   (3) (A) "Unified Program Agency" or "UPA" means the CUPA, or its
participating agencies to the extent that each PA has been designated
by the CUPA, pursuant to a written agreement, to implement and
enforce the unified program element specified in paragraph (2) of
subdivision (c) of Section 25404. The UPAs have the responsibility
and authority, to the extent provided by this chapter and Sections
25404.1 and 25404.2, to implement and enforce the requirements of
this chapter.
   (B) After a CUPA has been certified by the secretary, the unified
program agency shall be the only agency authorized to enforce the
requirements of this chapter.
   (C) This paragraph does not limit the authority or responsibility
granted to the board and the regional boards by this chapter.
   (d) "Operator" means the person responsible for the overall
operation of a tank facility.
   (e) "Owner" means the person who owns the tank facility or part of
the tank facility.
   (f) "Person" means an individual, trust, firm, joint stock
company, corporation, including a government corporation,
partnership, limited liability company, or association. "Person" also
includes any city, county, district, the University of California,
the California State University, the state, any department or agency
thereof, and the United States, to the extent authorized by federal
law.
   (g) "Petroleum" means crude oil, or a fraction thereof, that is
liquid at 60 degrees Fahrenheit temperature and 14.7 pounds per
square inch absolute pressure.
   (h) "Regional board" means a California regional water quality
control board.
   (i) "Release" means any spilling, leaking, pumping, pouring,
emitting, emptying, discharging, escaping, leaching, or disposing
into the environment.
   (j) "Secretary" means the Secretary for Environmental Protection.
   (k) "Storage" or "store" means the containment, handling, or
treatment of petroleum, for a period of time, including on a
temporary basis.
   (l) "Storage capacity" means the aggregate capacity of all
aboveground tanks at a tank facility.
   (m) "Tank facility" means one or more aboveground storage tanks,
including any piping that is integral to the tanks, that contain
petroleum and that are used by an owner or operator at a single
location or site. For purposes of this chapter, a pipe is integrally
related to an aboveground storage tank if the pipe is connected to
the tank and meets any of the following:
   (1) The pipe is within the dike or containment area.
   (2) The pipe is between the containment area and the first flange
or valve outside the containment area.
   (3) The pipe is connected to the first flange or valve on the
exterior of the tank, if state or federal law does not require a
containment area.


25270.3.   A tank facility is subject to this chapter if the tank
facility is subject to the oil pollution prevention regulations
specified in Part 112 (commencing with Section 112.1) of Subchapter D
of Chapter I of Title 40 of the Code of Federal Regulations or the
tank facility has a storage capacity of 1,320 gallons or more of
petroleum.



25270.4.  This chapter shall be implemented by the Unified Program
Agency. If there is no UPA, the agency authorized pursuant to
subdivision (f) of Section 25404.3 shall be deemed to be the UPA for
purposes of this chapter and shall implement this chapter.




25270.4.5.  (a) Except as provided in subdivision (b), each owner or
operator of a storage tank at a tank facility subject to this
chapter shall prepare a spill prevention control and countermeasure
plan prepared in accordance with Part 112 (commencing with Section
112.1) of Subchapter D of Chapter I of Title 40 of the Code of
Federal Regulations. Each owner or operator specified in this
subdivision shall conduct periodic inspections of the storage tank to
assure compliance with Section 112 (commencing with Section 112.1)
of Subchapter D of Chapter I of Title 40 of the Code of Federal
Regulations. In implementing the spill prevention control and
countermeasure plan, each owner or operator specified in this
subdivision shall fully comply with the latest version of the
regulations contained in Part 112 (commencing with Section 112.1) of
Subchapter D of Chapter I of Title 40 of the Code of Federal
Regulations.
   (b) A tank facility located on a farm, nursery, logging site, or
construction site is not subject to subdivision (a) if no storage
tank at the location exceeds 20,000 gallons and the cumulative
storage capacity of the tank facility does not exceed 100,000
gallons. The owner or operator of a tank facility exempt pursuant to
this subdivision shall take the following actions:
   (1) Conduct a daily visual inspection of any storage tank storing
petroleum.
   (2) Allow the UPA to conduct a periodic inspection of the tank
facility.
   (3) If the UPA determines installation of secondary containment is
necessary for the protection of the waters of the state, install a
secondary means of containment for each tank or group of tanks where
the secondary containment will, at a minimum, contain the entire
contents of the largest tank protected by the secondary containment
plus precipitation.


25270.5.  (a) Except as provided in subdivision (b), at least once
every three years, the UPA shall inspect each storage tank or a
representative sampling of the storage tanks at each tank facility
that has a storage capacity of 10,000 gallons or more of petroleum.
The purpose of the inspection shall be to determine whether the owner
or operator is in compliance with the spill prevention control and
countermeasure plan requirements of this chapter.
    (b) The UPA may develop an alternative inspection and compliance
plan, subject to approval by the secretary.
   (c) An inspection conducted pursuant to this section does not
require the oversight of a professional engineer. The person
conducting the inspection shall meet both of the following
requirements:
   (1) Complete an aboveground storage tank training program, which
shall be established by the secretary.
   (2) Satisfactorily pass an examination developed by the secretary
on the spill prevention control and countermeasure plan provisions
and safety requirements for aboveground storage tank inspections.



25270.6.  (a) (1) On or before January 1, 2009, and on or before
January 1 annually thereafter, each owner or operator of a tank
facility subject to this chapter shall file with the UPA a tank
facility statement that shall identify the name and address of the
tank facility, a contact person for the tank facility, the total
storage capacity of the tank facility, and the location, size, age,
and contents of each storage tank that exceeds 10,000 gallons in
capacity and that holds a substance containing at least 5 percent of
petroleum. A copy of a statement submitted previously pursuant to
this section may be submitted in lieu of a new tank facility
statement if no new or used storage tanks have been added to the
facility or if no significant modifications have been made. For
purposes of this section, a significant modification includes, but is
not limited to, altering existing storage tanks or changing spill
prevention or containment methods.
   (2) Notwithstanding paragraph (1), an owner or operator of a tank
facility that submits a business plan, as defined in subdivision (e)
of Section 25501, to the UPA, and that complies with Sections
25503.5, 25505, and 25510, satisfies the requirement in paragraph (1)
to file a tank facility statement.
   (b) Each year, commencing in calendar year 2010, each owner or
operator of a tank facility who is subject to the requirements of
subdivision (a) shall pay a fee to the UPA, on or before a date
specified by the UPA. The governing body of the UPA shall establish a
fee, as part of the single fee system implemented pursuant to
Section 25404.5, at a level sufficient to pay the necessary and
reasonable costs incurred by the UPA in administering this chapter,
including, but not limited to, inspections, enforcement, and
administrative costs. The UPA shall also implement the fee
accountability program established pursuant to subdivision (c) of
Section 25404.5 and the regulations adopted to implement that
program.


25270.8.  Each owner or operator of a tank facility shall
immediately, upon discovery, notify the California Emergency
Management Agency and the UPA using the appropriate 24-hour emergency
number or the 911 number, as established by the UPA, or by the
governing body of the UPA, of the occurrence of a spill or other
release of one barrel (42 gallons) or more of petroleum that is
required to be reported pursuant to subdivision (a) of Section 13272
of the Water Code.


25270.9.  (a) The board and the regional board may oversee cleanup
or abatement efforts, or cause cleanup or abatement efforts, of a
release from a storage tank at a tank facility.
   (b) The reasonable expenses of the board and the regional board
incurred in overseeing, or contracting for, cleanup or abatement
efforts that result from a release at a tank facility is a charge
against the owner or operator of the tank facility. Expenses
reimbursable to a public agency under this section are a debt of the
tank facility owner or operator, and shall be collected in the same
manner as in the case of an obligation under a contract, express or
implied.
   (c) Expenses recovered by the board or a regional board pursuant
to this section shall be deposited into the Waste Discharge Permit
Fund. These moneys shall be separately accounted for, and shall be
expended by the board, upon appropriation by the Legislature, to
assist regional boards and other public agencies with authority to
clean up waste or abate the effects of the waste, in cleaning up or
abating the effects of the waste on waters of the state, or for the
purposes authorized in Section 13443.



25270.11.  (a) All moneys in the Environmental Protection Trust Fund
may be expended, upon appropriation by the Legislature, in the
following manner:
   (1) A portion of the funds, in an amount determined by the
secretary in consultation with the UPAs, to a training account
established and maintained by the secretary, to be used for purposes
of training UPA personnel in the requirements of this chapter.
   (2) All remaining funds in the Environmental Protection Trust
Fund, shall be allocated to the UPAs, in accordance with a formula
and process determined by the secretary in consultation with the
UPAs. The UPAs shall expend those funds for the purpose of
implementing this chapter. Eighty percent or less of each UPA's
allocation may be distributed to the UPA in advance of actual
expenditure by the UPA.
   (b) All moneys remaining in the training account established
pursuant to paragraph (1) of subdivision (a), as of June 1, 2011, may
be expended pursuant to paragraph (2) of subdivision (a), upon
appropriation by the Legislature.
   (c) All moneys remaining in the Environmental Protection Trust
Fund that have not been expended, as of June 1, 2011, shall be
expended pursuant to paragraph (2) of subdivision (a), upon
appropriation by the Legislature.(d) This section shall become
inoperative on July 1, 2011, and, as of January 1, 2012, is repealed,
unless a later enacted statute, that becomes operative on or before
January 1, 2012, deletes or extends the dates on which it becomes
inoperative and is repealed.



25270.12.  (a) Any owner or operator of a tank facility who fails to
prepare a spill prevention control and countermeasure plan in
compliance with subdivision (a) of Section 25270.4.5, to file a tank
facility statement pursuant to subdivision (a) of Section 25270.6, to
submit the fee required by subdivision (b) of Section 25270.6, to
report spills as required by Section 25270.8, or otherwise to comply
with the requirements of this chapter, is subject to a civil penalty
of not more than five thousand dollars ($5,000) for each day on which
the violation continues. If the owner or operator commits a second
or subsequent violation, a civil penalty of not more than ten
thousand dollars ($10,000) for each day on which the violation
continues may be imposed.
   (b) (1) The civil penalties provided by this section may be
assessed and recovered in a civil action brought by the city attorney
or district attorney on behalf of the UPA.
   (2) Fifty percent of all penalties assessed and recovered in a
civil action brought on behalf of a UPA pursuant to this subdivision
shall be deposited into a unified program account established by the
UPA for the purpose of carrying out the functions of the unified
program and 50 percent shall be paid to the office of the city
attorney or district attorney, whoever brought that action.
   (c) (1) The civil penalties provided in this section may be
assessed and recovered in a civil action brought by the Attorney
General on behalf of the board or a regional board, or on behalf of
the people of the State of California.
   (2) All penalties assessed and recovered in a civil action brought
pursuant to this subdivision shall be deposited in the Waste
Discharge Permit Fund. These moneys shall be separately accounted
for, and shall be expended by the board, upon appropriation by the
Legislature, to assist regional boards and other public agencies with
authority to clean up waste or abate the effects of the waste, in
cleaning up or abating the effects of the waste on waters of the
state, or for the purposes authorized in Section 13443.
   (d) The city attorney, district attorney, or the Attorney General
may seek to enjoin, in any court of competent jurisdiction, any
person believed to be in violation of this chapter.
   (e) The penalties specified in this section are in addition to any
other penalties provided by law.



25270.13.  (a) This chapter does not preempt local storage tank
ordinances, in effect as of August 16, 1989, that meet or exceed the
standards prescribed by this chapter.
   (b) This chapter does not preempt the authority granted to the
board and the regional boards under the Porter Cologne Water Quality
Control Act (Division 7 (commencing with Section 13000) of the Water
Code).