25280. (a) The Legislature finds and declares as follows:
(1) Substances hazardous to the public health and safety and to
the environment are stored prior to use or disposal in thousands of
underground locations in the state.
(2) Underground tanks used for the storage of hazardous substances
and wastes are potential sources of contamination of the ground and
underlying aquifers, and may pose other dangers to public health and
the environment.
(3) In several known cases, underground storage of hazardous
substances, including, but not limited to, industrial solvents,
petroleum products, and other materials, has resulted in undetected
and uncontrolled releases of hazardous substances into the ground.
These releases have contaminated public drinking water supplies and
created a potential threat to the public health and to the waters of
the state.
(4) The Legislature has previously enacted laws regulating the
management of hazardous wastes, including statutes providing the
means to clean up releases of hazardous substances into the
environment when the public health, domestic livestock, wildlife, and
the environment are endangered. Current laws do not specifically
govern the construction, maintenance, testing, and use of underground
tanks used for the storage of hazardous substances, or the
short-term storage of hazardous wastes prior to disposal, for the
purposes of protecting the public health and the environment.
(5) The protection of the public from releases of hazardous
substances is an issue of statewide concern.
(b) The Legislature therefore declares that it is in the public
interest to establish a continuing program for the purpose of
preventing contamination from, and improper storage of, hazardous
substances stored underground. It is the intent of the Legislature,
in enacting this chapter, to establish orderly procedures that will
ensure that newly constructed underground storage tanks meet
appropriate standards and that existing tanks be properly maintained,
inspected, tested, and upgraded so that the health, property, and
resources of the people of the state will be protected.
25280.5. The Legislature finds and declares all of the following:
(a) Subchapter IX (commencing with Section 6991) of Chapter 82 of
Title 42 of the United States Code provides for regulation of
underground storage tanks and allows underground storage tanks to be
regulated pursuant to a state program, in lieu of a federal program,
in states which are authorized to implement these provisions.
(b) It is in the interest of the people of the state, in order to
avoid direct regulation by the federal government of persons already
subject to regulation under state law pursuant to this chapter, to
authorize the state to implement the provisions of Subchapter IX
(commencing with Section 6991) of Chapter 82 of Title 42 of the
United States Code, including any acts amending or supplementing
Subchapter IX and any federal regulations and guidelines adopted
pursuant to Subchapter IX.
25280.6. Either the owner or operator of an underground storage
tank may comply with the requirements of this chapter that apply to
the owner or operator of an underground storage tank. Both the owner
and the operator of an underground storage tank are responsible for
complying with this chapter and if an underground storage tank is not
in compliance with this chapter, both the owner and the operator of
that underground storage tank are in violation of that requirement.
25281. For purposes of this chapter, the following definitions
apply:
(a) "Automatic line leak detector" means any method of leak
detection, as determined in regulations adopted by the board, that
alerts the owner or operator of an underground storage tank to the
presence of a leak. "Automatic line leak detector" includes, but is
not limited to, any device or mechanism that alerts the owner or
operator of an underground storage tank to the presence of a leak by
restricting or shutting off the flow of a hazardous substance through
piping, or by triggering an audible or visual alarm, and that
detects leaks of three gallons or more per hour at 10 pounds per
square inch line pressure within one hour.
(b) "Board" means the State Water Resources Control Board.
"Regional board" means a California regional water quality control
board.
(c) "Compatible" means the ability of two or more substances to
maintain their respective physical and chemical properties upon
contact with one another for the design life of the tank system under
conditions likely to be encountered in the tank system.
(d) (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 or
enforce the unified program element specified in paragraph (3) of
subdivision (c) of Section 25404, in accordance with Sections 25404.1
and 25404.2.
(3) "Unified Program Agency" or "UPA" means the CUPA, or its
participating agencies to the extent each PA has been designated by
the CUPA, pursuant to a written agreement, to implement or enforce
the unified program element specified in paragraph (3) of subdivision
(c) of Section 25404. For purposes of this chapter, a UPA has the
responsibility and authority, to the extent provided by this chapter
and Sections 25404.1 and 25404.2, to implement and enforce only those
requirements of this chapter listed in paragraph (3) of subdivision
(c) of Section 25404 and the regulations adopted to implement those
requirements. Except as provided in Section 25296.09, after a CUPA
has been certified by the secretary, the UPA shall be the only local
agency authorized to enforce the requirements of this chapter listed
in paragraph (3) of subdivision (c) of Section 25404 within the
jurisdiction of the CUPA. This paragraph shall not be construed to
limit the authority or responsibility granted to the board and the
regional boards by this chapter to implement and enforce this chapter
and the regulations adopted pursuant to this chapter.
(e) "Department" means the Department of Toxic Substances Control.
(f) "Facility" means any one, or combination of, underground
storage tanks used by a single business entity at a single location
or site.
(g) "Federal act" means Subchapter IX (commencing with Section
6991) of Chapter 82 of Title 42 of the United States Code, as added
by the Hazardous and Solid Waste Amendments of 1984 (P.L. 98-616), or
as it may subsequently be amended or supplemented.
(h) "Hazardous substance" means either of the following:
(1) All of the following liquid and solid substances, unless the
department, in consultation with the board, determines that the
substance could not adversely affect the quality of the waters of the
state:
(A) Substances on the list prepared by the Director of Industrial
Relations pursuant to Section 6382 of the Labor Code.
(B) Hazardous substances, as defined in Section 25316.
(C) Any substance or material that is classified by the National
Fire Protection Association (NFPA) as a flammable liquid, a class II
combustible liquid, or a class III-A combustible liquid.
(2) Any regulated substance, as defined in subsection (2) of
Section 6991 of Title 42 of the United States Code, as that section
reads on January 1, 1989, or as it may subsequently be amended or
supplemented.
(i) "Local agency" means the local agency authorized, pursuant to
Section 25283, to implement this chapter.
(j) "Operator" means any person in control of, or having daily
responsibility for, the daily operation of an underground storage
tank system.
(k) "Owner" means the owner of an underground storage tank.
( l) "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 state, another state of the
United States, any department or agency of this state or another
state, or the United States to the extent authorized by federal law.
(m) "Pipe" means any pipeline or system of pipelines that is used
in connection with the storage of hazardous substances and that is
not intended to transport hazardous substances in interstate or
intrastate commerce or to transfer hazardous materials in bulk to or
from a marine vessel.
(n) "Primary containment" means the first level of containment,
such as the portion of a tank that comes into immediate contact on
its inner surface with the hazardous substance being contained.
(o) "Product tight" means impervious to the substance that is
contained, or is to be contained, so as to prevent the seepage of the
substance from the containment.
(p) "Release" means any spilling, leaking, emitting, discharging,
escaping, leaching, or disposing from an underground storage tank
into or on the waters of the state, the land, or the subsurface
soils.
(q) "Secondary containment" means the level of containment
external to, and separate from, the primary containment.
(r) "Single walled" means construction with walls made of only one
thickness of material. For the purposes of this chapter, laminated,
coated, or clad materials are considered single walled.
(s) "Special inspector" means a professional engineer, registered
pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of
the Business and Professions Code, who is qualified to attest, at a
minimum, to structural soundness, seismic safety, the compatibility
of construction materials with contents, cathodic protection, and the
mechanical compatibility of the structural elements of underground
storage tanks.
(t) "Storage" or "store" means the containment, handling, or
treatment of hazardous substances, either on a temporary basis or for
a period of years. "Storage" or "store" does not include the storage
of hazardous wastes in an underground storage tank if the person
operating the tank has been issued a hazardous waste facilities
permit by the department pursuant to Section 25200 or granted interim
status under Section 25200.5.
(u) "Tank" means a stationary device designed to contain an
accumulation of hazardous substances which is constructed primarily
of nonearthen materials, including, but not limited to, wood,
concrete, steel, or plastic that provides structural support.
(v) "Tank integrity test" means a test method capable of detecting
an unauthorized release from an underground storage tank consistent
with the minimum standards adopted by the board.
(w) "Tank tester" means an individual who performs tank integrity
tests on underground storage tanks.
(x) "Unauthorized release" means any release of any hazardous
substance that does not conform to this chapter, including an
unauthorized release specified in Section 25295.5.
(y) (1) "Underground storage tank" means any one or combination of
tanks, including pipes connected thereto, that is used for the
storage of hazardous substances and that is substantially or totally
beneath the surface of the ground. "Underground storage tank" does
not include any of the following:
(A) A tank with a capacity of 1,100 gallons or less that is
located on a farm and that stores motor vehicle fuel used primarily
for agricultural purposes and not for resale.
(B) A tank that is located on a farm or at the residence of a
person, that has a capacity of 1,100 gallons or less, and that stores
home heating oil for consumptive use on the premises where stored.
(C) Structures, such as sumps, separators, storm drains, catch
basins, oil field gathering lines, refinery pipelines, lagoons,
evaporation ponds, well cellars, separation sumps, lined and unlined
pits, sumps and lagoons. A sump that is a part of a monitoring system
required under Section 25290.1, 25290.2, 25291, or 25292 and sumps
or other structures defined as underground storage tanks under the
federal act are not exempted by this subparagraph.
(D) A tank holding hydraulic fluid for a closed loop mechanical
system that uses compressed air or hydraulic fluid to operate lifts,
elevators, and other similar devices.
(2) Structures identified in subparagraphs (C) and (D) of
paragraph (1) may be regulated by the board and any regional board
pursuant to the Porter-Cologne Water Quality Control Act (Division 7
(commencing with Section 13000) of the Water Code) to ensure that
they do not pose a threat to water quality.
(z) "Underground tank system" or "tank system" means an
underground storage tank, connected piping, ancillary equipment, and
containment system, if any.
(aa) (1) "Unified program facility" means all contiguous land and
structures, other appurtenances, and improvements on the land that
are subject to the requirements of paragraph (3) of subdivision (c)
of Section 25404.
(2) "Unified program facility permit" means a permit issued
pursuant to Chapter 6.11 (commencing with Section 25404), and that
encompasses the permitting requirements of Section 25284.
(3) "Permit" means a permit issued pursuant to Section 25284 or a
unified program facility permit as defined in paragraph (2).
25281.5. (a) Notwithstanding subdivision (m) of Section 25281, for
purposes of this chapter "pipe" means all parts of any pipeline or
system of pipelines, used in connection with the storage of hazardous
substances, including, but not limited to, valves and other
appurtenances connected to the pipe, pumping units, fabricated
assemblies associated with pumping units, and metering and delivery
stations and fabricated assemblies therein, but does not include any
of the following:
(1) An interstate pipeline subject to Part 195 (commencing with
Section 195.0) of Subchapter D of Chapter 1 of Title 49 of the Code
of Federal Regulations.
(2) An intrastate pipeline subject to Chapter 5.5 (commencing with
Section 51010) of Part 1 of Division 1 of Title 5 of the Government
Code.
(3) Unburied delivery hoses, vapor recovery hoses, and nozzles
that are subject to unobstructed visual inspection for leakage.
(4) Vent lines, vapor recovery lines, and fill pipes which are
designed to prevent, and do not hold, standing fluid in the pipes or
lines.
(b) In addition to the exclusions specified in subdivision (y) of
Section 25281, "underground storage tank" does not include any of the
following:
(1) Vent lines, vapor recovery lines, and fill pipes that are
designed to prevent, and do not hold, standing fluid in the pipes or
lines.
(2) Unburied fuel delivery piping at marinas if the owner or
operator conducts daily visual inspections of the piping and
maintains a log of inspection results for review by the local agency.
The exclusion provided by this paragraph shall not be applicable if
the board adopts regulations pursuant to Section 25299.3 that address
the design, construction, upgrade, and monitoring of unburied fuel
delivery piping at marinas.
(3) Unburied fuel piping connected to an emergency generator tank
system, if the owner or operator conducts visual inspections of the
piping each time the tank system is operated, but no less than
monthly, and maintains a log of inspection results for review by the
local agency. The exclusion provided by this paragraph does not apply
if the board adopts regulations pursuant to Section 25299.3 that
address the design, construction, upgrade, and monitoring of unburied
fuel supply and return piping connected to emergency generator tank
systems.
(c) For purposes of this chapter, "emergency generator tank system"
means an underground storage tank system that provides power supply
in the event of a commercial power failure, stores diesel fuel, and
is used solely in connection with an emergency system, legally
required standby system, or optional standby system, as defined in
Articles 700, 701, and 702 of the National Electrical Code of the
National Fire Protection Association.
25281.6. (a) A tank located in a below-grade structure and
connected to an emergency generator tank system, as defined in
subdivision (c) of Section 25281.5, is exempt from the requirements
of this chapter if all of the following conditions are met:
(1) The tank is situated above the surface of the floor in such a
way that all of the surfaces of the tank can be visually inspected by
either direct viewing, through the use of visual aids, including,
but not limited to, mirrors, cameras, or video equipment, or
monitored through the use of a continuous leak detection and alarm
system capable of detecting unauthorized releases of hazardous
substances.
(2) For a single-walled tank, in addition to all the other
requirements in this section, the structure, or a separate discrete
secondary structure able to contain the entire contents of the liquid
stored in the tank, is sealed with a material compatible with the
stored product.
(3) The owner or operator of the tank conducts visual inspections
of the tank each time the emergency generator tank system is
operated, or at least once a month, and maintains a log of inspection
dates for review by the local agency.
(4) The tank or combination of tanks in the below-grade structure
has a cumulative capacity of 1,100 gallons or less of diesel fuel.
(b) Nothing in this section excludes an emergency generator tank
system from other applicable laws, codes, and regulations.
(c) The exclusion provided by this section does not apply if the
board adopts regulations pursuant to Section 25299.3 that address the
design, construction, upgrade, and monitoring of underground storage
tanks contained in below-grade structures that are connected to
emergency generator tank systems.
25282. (a) The department shall compile a comprehensive master list
of hazardous substances. The master list shall be made available to
the public and mailed to each local agency no later than June 30,
1984, notwithstanding any other provision of law, including Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code. Local agencies and owners or operators of
underground storage tanks shall use the master list or, when adopted,
the revised list adopted pursuant to subdivision (b), to determine
which underground storage tanks require permits pursuant to this
chapter. Hazardous substances included on the list may be denominated
by scientific, common, trade, or brand names.
(b) The department may revise, when appropriate, the master list
of all the hazardous substances specified in subdivision (a). The
revised list of hazardous substances shall be prepared and adopted,
and may be further revised, in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code.
25283. (a) (1) This chapter shall be implemented, pursuant to the
regulations adopted by the board, by one of the following:
(A) If there is a CUPA, the unified program agency.
(B) If there is no CUPA, by one of the following:
(i) Before January 1, 1997, the county or a city, pursuant to
paragraph (2).
(ii) On and after January 1, 1997, the agency authorized pursuant
to subdivision (f) of Section 25404.3.
(2) (A) Before January 1, 1997, if there is no CUPA, a city may,
by ordinance, assume responsibility for the implementation of this
chapter pursuant to the regulations adopted by the board and, if so,
shall have exclusive jurisdiction within the boundary of the city for
the purposes of carrying out this chapter. The ordinance adopted by
the city shall comply with this chapter, applicable federal laws, and
the regulations and guidelines adopted pursuant thereto. If there is
no CUPA, a city which, prior to January 1, 1990, was exempt from
implementing this chapter, has the exclusive jurisdiction, within its
boundaries, for the purpose of implementing this chapter.
(B) No city may assume responsibility for implementation of this
chapter unless it has notified the county, on or before July 1, 1990,
of its intentions to assume responsibility for implementation of
this chapter.
(C) A city's authorization for implementing this chapter pursuant
to this paragraph shall remain in effect only until a CUPA is
certified, or until January 1, 1997, whichever is earlier. On and
after January 1, 1997, the agency responsible for administering and
enforcing this chapter shall be the agency so authorized pursuant to
subdivision (f) of Section 25404.3.
(b) If there is no CUPA, the county and any city that assumes
responsibility pursuant to paragraph (2) of subdivision (a) shall
designate a department, office, or other agency of that county or
city, as the case may be, as the local agency responsible for
administering and enforcing this chapter, pursuant to subdivision
(a). A city that assumes responsibility for implementation of this
chapter pursuant to paragraph (2) of subdivision (a) shall designate
the agency which has responsibility for implementing Chapter 6.95
(commencing with Section 25500) as the local agency responsible for
administering and enforcing this chapter. A designation pursuant to
this subdivision shall remain in effect only until a CUPA is
certified or until January 1, 1997, whichever is earlier. On and
after January 1, 1997, the agency responsible for administering and
enforcing this chapter shall be the agency so authorized pursuant to
subdivision (f) of Section 25404.3.
(c) If the agency which receives certification as a certified
unified program agency subsequently withdraws or is decertified
before January 1, 1997, the local agency responsible for
administering and enforcing this chapter prior to the certification
of the CUPA shall assume responsibility for administering and
enforcing this chapter until a successor CUPA is certified or until
January 1, 1997, whichever is earlier.
(d) Revenue from fees collected by the county pursuant to this
chapter shall be prorated between the city and county based upon when
the city assumes responsibility for implementation of this chapter.
25283.1. This chapter does not prohibit any county from entering
into a joint powers agreement with other counties for the purposes of
enforcing this chapter.
25283.5. (a) An underground storage tank that meets all of the
following criteria is exempt from the requirements of this chapter:
(1) All exterior surfaces of the tank, including connected piping,
and the floor directly beneath the tank, can be monitored by direct
viewing.
(2) The structure in which the tank is located is constructed in
such a manner that the structure, at a minimum, provides for
secondary containment of the contents of the tank, as determined by
the local agency designated pursuant to Section 25283.
(3) The owner or operator of the underground storage tank conducts
weekly inspections of the tank and maintains a log of inspection
results for review by the local agency designated pursuant to Section
25283, as requested by the local agency.
(4) Except as provided in paragraph (5), the local agency
designated pursuant to Section 25283 determines that the underground
storage tank meets requirements that are equal to or more stringent
than those imposed by this chapter.
(5) If the underground storage tank is installed on or after July
1, 2003, notwithstanding Sections 25290.1 and 25290.2, the local
agency determines the tank meets both of the following:
(A) Requirements that are equal to, or more stringent than, the
requirements of paragraphs (1) to (6), inclusive, of subdivision (a)
and subdivisions (b) to (i), inclusive, of Section 25291.
(B) Notwithstanding Section 25281.5, any portion of a vent line,
vapor recovery line, or fill pipe that is beneath the surface of the
ground is subject to regulation as a "pipe," as defined in
subdivision (m) of Section 25281.
(b) This section does not prohibit a local fire chief or an
enforcement agency, as defined in Section 16006, from enforcing the
applicable provisions of the local or state fire, building, or
electrical codes.
25284. (a) (1) Except as provided in subdivision (c), no person may
own or operate an underground storage tank unless a permit for its
operation has been issued by the local agency to the owner or
operator of the tank, or a unified program facility permit has been
issued by the local agency to the owner or operator of the unified
program facility on which the tank is located.
(2) If the operator is not the owner of the tank, or if the permit
is issued to a person other than the owner or operator of the tank,
the permittee shall ensure that both the owner and the operator of
the tank are provided with a copy of the permit.
(3) If the permit is issued to a person other than the operator of
the tank, that person shall do all of the following:
(A) Enter into a written agreement with the operator of the tank
to monitor the tank system as set forth in the permit.
(B) Provide the operator with a copy or summary of Section 25299
in the form that the board specifies by regulation.
(C) Notify the local agency of any change of operator.
(b) Each local agency shall prepare a form that provides for the
acceptance of the obligations of a transferred permit by any person
who is to assume the ownership of an underground storage tank from
the previous owner and is to be transferred the permit to operate the
tank. That person shall complete the form accepting the obligations
of the permit and submit the completed form to the local agency
within 30 days from the date that the ownership of the underground
storage tank is to be transferred. A local agency may review and
modify, or terminate, the transfer of the permit to operate the
underground storage tank, pursuant to the criteria specified in
subdivision (a) of Section 25295, upon receiving the completed form.
(c) Any person assuming ownership of an underground storage tank
used for the storage of hazardous substances for which a valid
operating permit has been issued shall have 30 days from the date of
assumption of ownership to apply for an operating permit pursuant to
Section 25286 or, if accepting a transferred permit, shall submit to
the local agency the completed form accepting the obligations of the
transferred permit, as specified in subdivision (b). During the
period from the date of application until the permit is issued or
refused, the person shall not be held to be in violation of this
section.
(d) A permit issued pursuant to this section shall apply and
require compliance with all applicable regulations adopted by the
board pursuant to Section 25299.3.
25284.1. (a) The board shall take all of the following actions with
regard to the prevention of unauthorized releases from petroleum
underground storage tanks:
(1) On or before June 1, 2000, initiate a field-based research
program to quantify the probability and environmental significance of
releases from underground storage tank systems meeting the 1998
upgrade requirements specified in Section 25284, as that section read
on January 1, 2002. The research program shall do all of the
following:
(A) Seek to identify the source and causes of releases and any
deficiencies in leak detection systems.
(B) Include single-walled, double-walled, and hybrid tank systems,
and avoid bias towards known leaking underground storage tank
systems by including a statistically valid sample of all operating
underground storage tank systems.
(C) Include peer review.
(2) Complete the research program on or before June 1, 2002.
(3) Use the results of the research program to develop appropriate
changes in design, construction, monitoring, operation, and
maintenance requirements for tank systems.
(4) On or before January 1, 2001, adopt regulations to do all of
the following:
(A) (i) Require underground storage tank owners, operators,
service technicians, installers, and inspectors to meet minimum
industry-established training standards and require tank facilities
to be operated in a manner consistent with industry-established best
management practices.
(ii) The board shall implement an outreach effort to educate small
business owners or operators on the importance of the regulations
adopted pursuant to this subparagraph.
(B) (i) Except as provided in clauses (ii) and (iii), require
testing of the secondary containment components, including
under-dispenser and pump turbine containment components, upon initial
installation of a secondary containment component and periodically
thereafter, to ensure that the system is capable of containing
releases from the primary containment until a release is detected and
cleaned up. The board shall consult with the petroleum industry and
local government to assess the appropriate test or tests that would
comply with this subparagraph.
(ii) Secondary containment components that are part of an
emergency generator tank system may be tested using enhanced leak
detection, if the test is performed at the frequency specified by the
board for testing of secondary containment pursuant to Section
2644.1 of Title 23 of the California Code of Regulations. If the
results of the enhanced leak detection test indicate that any
component of the emergency generator tank system is leaking liquid or
vapor, the owner or operator shall take appropriate actions to
correct the leakage, and the owner or operator shall retest the
system using enhanced leak detection until the system is no longer
leaking liquid or vapor.
(iii) Any tank or piping that is part of an emergency generator
tank system and located within a structure as described in paragraph
(2) of subdivision (a) of Section 25283.5 is exempt from the
secondary containment testing required by clause (i) of subparagraph
(B) of paragraph (4), if the owner or operator conducts visual
inspections of tank or piping each time the tank system is operated,
but no less than monthly, and maintains a log of inspection results
for review by the local agency. The provisions of this clause are not
applicable if the board adopts regulations pursuant to Section
25299.3 that address the design, construction, upgrade, and
monitoring of unburied tanks that are part of an emergency generator
tank system.
(C) Require annual testing of release detection sensors and
alarms, including under-dispenser and pump turbine containment
sensors and alarms. The board shall consult with the petroleum
industry and local government to assess the appropriate test or tests
that would comply with this subparagraph.
(5) (A) Require an owner or operator of an underground storage
tank installed after July 1, 1987, if a tank is located within 1,000
feet of a public drinking water well, as identified pursuant to the
state GIS mapping database, to have the underground storage tank
system fitted, on or before July 1, 2001, with under-dispenser
containment or a spill containment or control system that is approved
by the board as capable of containing any accidental release.
(B) Require all underground storage tanks installed after January
1, 2000, to have the tank system fitted with under-dispenser
containment or a spill containment or control system to meet the
requirements of subparagraph (A).
(C) Require an owner or operator of an underground storage tank
that is not otherwise subject to subparagraph (A), and not subject to
subparagraph (B), to have the underground storage tank system fitted
to meet the requirements of subparagraph (A), on or before December
31, 2003.
(D) On and after January 1, 2002, no person shall install, repair,
maintain, or calibrate monitoring equipment for an underground
storage tank unless that person satisfies both of the following
requirements:
(i) The person has fulfilled training standards identified by the
board in regulations adopted pursuant to this section.
(ii) The person possesses a tank testing license issued by the
board pursuant to Section 25284.4, or a Class "A" General Engineering
Contractor License, C-10 Electrical Contractor License, C-34
Pipeline Contractor License, C-36 Plumbing Contractor License, or
C-61 (D40) Limited Specialty Service Station Equipment and
Maintenance Contractor License issued by the Contractors' State
License Board.
(E) Loans and grants for the installation of under-dispenser
containment or a spill containment or control system shall be made
available pursuant to Chapter 8.5 (commencing with Section 15399.10)
of Part 6.7 of Division 3 of Title 2 of the Government Code.
(6) Convene a panel of local agency and regional board
representatives to review existing enforcement authority and
procedures and to advise the board of any changes that are needed to
enable local agencies to take adequate enforcement action against
owners and operators of noncompliant underground storage tank
facilities. The panel shall make its recommendations to the board on
or before September 30, 2001. Based on the recommendations of the
panel, the board shall also establish effective enforcement
procedures in cases involving fraud.
(b) On or before July 1, 2001, the Contractors' State License
Board, in consultation with the board, the petroleum industry, air
pollution control districts, air quality management districts, and
local government, shall review its requirements for petroleum
underground storage tank system installation and removal contractors
and make changes, where appropriate, to ensure these contractors are
qualified.
25284.2. The owner or operator of an underground storage tank with
a spill containment structure designed to prevent a release in the
event of a spill or overfill while a hazardous substance is being
placed in the tank shall annually test the spill containment
structure to demonstrate that it is capable of containing the
substance until it is detected and cleaned up.
25284.4. (a) All tank integrity tests required by this chapter or
pursuant to any local ordinance in compliance with Section 25299.1
shall be performed only by, or under the direct and personal
supervision of, a tank tester with a currently valid tank testing
license issued pursuant to this section. No person shall engage in
the business of tank integrity testing, or act in the capacity of a
tank tester, within this state without first obtaining a tank testing
license from the board. Any person who violates this subdivision is
guilty of a misdemeanor and may be subject to civil liability
pursuant to subdivision (g).
(b) Any person proposing to conduct tank integrity testing within
the state shall apply to the board for a tank testing license, and
shall pay the appropriate fee established by the board. A license
issued pursuant to this section shall expire three years after the
date of issuance and shall be subject to renewal, except as specified
in this section. If the tank tester fails to renew the tank tester's
license within three years of the license's expiration date, the
license shall lapse and the person shall apply for a new tank testing
license and shall meet the same requirements of this section for a
new applicant. A tank tester shall pay a fee to the board at the time
of licensing and at the time of renewal. The board shall adopt a fee
schedule for the issuance and renewal of tank testing licenses to
cover the necessary and reasonable costs of administering and
enforcing this section.
(c) (1) The board may establish any additional qualifications and
standards for the licensing of tank testers. Each applicant for
licensing as a tank tester shall pass an examination specified by the
board and shall have completed a minimum of either of the following:
(A) One year of qualifying field experience by personally testing
a number of underground storage tanks specified by the board.
(B) Completed six months of field experience by personally testing
a number of underground storage tanks specified by the board and
have successfully completed a course of study applicable to tank
testing that is satisfactory to the board.
(2) The examination required by paragraph (1) shall, at a minimum,
test the applicant's knowledge of all of the following:
(A) General principles of tank and pipeline testing.
(B) Basic understanding of the mathematics relating to tank
testing.
(C) Understanding of the specific test procedures, principles, and
equipment for which the tank tester will be qualified to operate.
(D) Knowledge of the regulations and laws governing the regulation
of underground storage tanks.
(E) Proper safety procedures.
(d) The board shall maintain a current list of all persons
licensed pursuant to this section, including a record of enforcement
actions taken against these persons. This list shall be made
available to local agencies and the public on request.
(e) A tank tester may be liable civilly in accordance with
subdivision (g) and, in addition, may be subject to administrative
sanctions pursuant to subdivision (f) for performing or causing
another to perform, any of the following actions:
(1) Willfully or negligently violating, or causing, or allowing
the violation of, this chapter or any regulations adopted pursuant to
this chapter.
(2) Willfully or negligently failing to exercise direct and
personal control over an unlicensed employee, associate, assistant,
or agent during any phase of tank integrity testing.
(3) Without regard to intent or negligence, using or permitting a
licensed or unlicensed employee, associate, assistant, or agent to
use any method or equipment that is demonstrated to be unsafe or
unreliable for tank integrity testing.
(4) Submitting false or misleading information on an application
for license.
(5) Using fraud or deception in the course of doing business as a
tank tester.
(6) Failing to use reasonable care, or judgment, while performing
tank integrity tests.
(7) Failing to maintain competence in approved tank testing
procedures.
(8) Failing to use proper tests or testing equipment to conduct
tank integrity tests.
(9) Any other action that the board may, by regulation, prescribe.
(f) (1) The board may suspend the license of a tank tester for a
period of up to one year, and may revoke, or refuse to grant or
renew, a license and may place on probation, or reprimand, the
licensee upon any reasonable ground, including, but not limited to,
those violations specified in subdivision (e). The board may
investigate any licensed tank tester after receiving a written
request from a local agency.
(2) The board shall notify the tank tester of any alleged
violations and of proposed sanctions, before taking any action
pursuant to this subdivision. The tank tester may request a hearing,
or submit a written response within 30 days of the date of notice.
Any hearing conducted pursuant to this subdivision shall be conducted
in accordance with the hearing procedure specified in subdivision
(g). After the hearing, or at a time after the 30-day response
period, the board may impose the appropriate administrative sanctions
authorized by this subdivision if it finds that the tank tester has
committed any of the alleged violations specified in the notice.
(g) (1) The board may impose civil liability for a violation of
subdivision (a) or (e) in accordance with Article 2.5 (commencing
with Section 13323) of Chapter 5 of Division 7 of the Water Code, in
an amount that shall not exceed five hundred dollars ($500) for each
day in which the violation occurs, except that the chief of the
division of water quality of the board or any other person designated
by the board shall issue the complaint to the violator. The
complaint shall be issued based on information developed by board
staff or local agencies. Any hearing on the complaint shall be made
before the board, or a panel thereof, consisting of one or more board
members. The decision of the board shall be final upon issuance and
may be reviewed pursuant to Article 3 (commencing with Section 13330)
of Chapter 5 of Division 7 of the Water Code within 30 days
following issuance of the order.
(2) Civil liability for a violation of subdivision (a) or (e) may
be imposed by a superior court at the request of the board in an
amount which shall not exceed two thousand five hundred dollars
($2,500) for each day in which the violation occurs.
(h) Any fees or civil liability collected pursuant to this section
shall be deposited in the Underground Storage Tank Tester Account
which is hereby created in the General Fund. The money in this
account is available for expenditure by the board, upon appropriation
by the Legislature, for purposes of implementing the tank tester
licensing program established by this section and for repayment of
the loan made by Section 13 of Chapter 1372 of the Statutes of 1987.
(i) A tank tester who conducts or supervises a tank or piping
integrity test shall prepare a report detailing the results of the
tank test and shall maintain a record of the report for at least
three years, or as otherwise required by the board. The tank tester
shall type or print his or her name and include his or her license
number on the report and shall endorse the report under penalty of
perjury by original signature.
25285. (a) Except as provided in Section 25285.1, a permit to
operate issued by the local agency pursuant to Section 25284 shall be
effective for five years. This subdivision does not apply to unified
program facility permits.
(b) A local agency shall not issue or renew a permit to operate an
underground storage tank if the local agency inspects the tank and
determines that the tank does not comply with this chapter.
(c) Except as provided in Section 25404.5, a local agency shall
not issue or renew a permit to operate an underground storage tank to
any person who has not paid the fee and surcharge required by
Section 25287.
25285.1. (a) A local agency may revoke or modify a permit issued
pursuant to Section 25284 for cause, including, but not limited to,
any of the following:
(1) Violation of any of the terms or conditions of the permit.
(2) Obtaining the permit by misrepresentation or intentional
failure to fully disclose all relevant facts.
(3) A change in any condition that requires modification or
termination of the operation of the underground storage tank.
(b) The local agency shall revoke the permit of an underground
storage tank issued pursuant to Section 25284 if the owner or
operator is not in compliance with Article 3 (commencing with Section
25299.30) of Chapter 6.75 on the date three months after the date on
which the owner or operator of the tank first becomes subject to
Article 3 (commencing with Section 25299.30) of Chapter 6.75.
25286. (a) An application for a permit to operate an underground
storage tank, or for renewal of the permit, shall be made, by the
owner or operator of the tank, or, if there is a CUPA, by the owner
or operator of the unified program facility on which the tank is
located, on a standardized form provided by the local agency. Except
as provided in Section 25404.5, the permit shall be accompanied by
the appropriate fee, as specified in Section 25287. As a condition of
any permit to operate an underground storage tank, the permittee
shall notify the local agency, within the period determined by the
local agency, of any changes in the usage of the underground storage
tank, including the storage of new hazardous substances, changes in
monitoring procedures, and if there has been any unauthorized release
from the underground storage tank, as specified in Section 25294 or
25295.
(b) (1) The local agencies shall provide the designee of the board
with copies of the completed permit applications, using forms, an
industry standard computer readable magnetic tape, diskettes, or any
other form in a format acceptable to the board.
(2) The board may enter into a contract with any designee of the
board for the purpose of administering the underground storage tank
permit data base, and reimburse the designee of the board, upon
appropriation by the Legislature, for any costs determined by the
board to have been necessary and incurred pursuant to this section,
including programming, training, maintenance, actual data processing
expenditures, and any incidental costs of the operation of the data
base related to the permitting of underground storage tanks. In
selecting a contractor pursuant to this paragraph, the board shall
consider the fiscal impact upon local agencies of converting to the
data base systems and procedures employed by that contractor. The
permit application information required in subdivision (c) shall be
stored in the data base. The designee of the board shall submit to
the board a quarterly report, including any information required by
the board concerning permit application data. Each local agency shall
provide the designee of the board with a copy of the completed
permit application within 30 days after taking final action on the
application.
(c) The application form shall include, but not be limited to,
requests for the following information:
(1) A description of the age, size, type, location, uses, and
construction of the underground storage tank or tanks.
(2) A list of all the hazardous substances which are or will be
stored in the underground storage tank or tanks, specifying the
hazardous substances for each underground storage tank.
(3) A description of the monitoring program for the underground
tank system.
(4) The name and address of the person, firm, or corporation which
owns the underground tank system and, if different, the name and
address of the person who operates the underground tank system.
(5) The address of the facility at which the underground tank
system is located.
(6) The name of the person making the application.
(7) The name and 24-hour phone number of the contact person in the
event of an emergency involving the facility.
(8) If the owner or operator of the underground storage tank or
the owner or operator of the unified program facility on which the
tank is located is a public agency, the application shall include the
name of the supervisor of the division, section, or office which
owns or operates the tank or owns or operates the unified program
facility.
(9) The State Board of Equalization registration number issued to
the owner of the tank pursuant to Section 50108.1 of the Revenue and
Taxation Code.
(10) If applicable, the name and address of the owner and, if
different, the operator of the unified program facility on which the
tank is located.
(d) If an underground storage tank is used to store a hazardous
substance which is not listed in the application, as required by
paragraph (2) of subdivision (c), the permittee shall apply for a new
or amended permit within 30 days after commencing the storage of
that hazardous substance.
25287. (a) Except as provided in subdivision (c), a fee shall be
paid to the local agency by each person who submits an application
for a permit to operate an underground storage tank or to renew or
amend a permit. The governing body of the county, or a city which
assumes enforcement jurisdiction, shall establish the amount of the
fees at a level sufficient to pay the necessary and reasonable costs
incurred by the local agency in administering this chapter,
including, but not limited to, permitting and inspection
responsibilities. The governing body may provide for the waiver of
fees when a state or local government agency makes an application for
a permit to operate or an application to renew a permit.
(b) This fee shall include a surcharge, the amount of which shall
be determined by the Legislature annually to cover the costs of the
board in carrying out its responsibilities under this chapter and the
costs of the local agency in collecting the surcharges. The local
agency may retain 6 percent of any surcharge collected for costs
incurred in its collection. The 6 percent of the surcharge retained
by the local agency is the local agency's sole source of
reimbursement for the cost of collecting the surcharge. The local
agency shall transmit all remaining surcharge revenue collected by
the local agency to the board within 45 days after receipt pursuant
to subdivision (a). The surcharge shall be deposited in the
Underground Storage Tank Fund hereby created in the General Fund. The
money in this account is available, upon appropriation by the
Legislature, to the board for the purposes of implementing this
chapter.
(c) A local agency may waive the fee required by subdivision (a)
for an underground storage tank which has a capacity of 5,000 gallons
or less, which is located on a farm, and which contains motor
vehicle or heating fuel used primarily for agricultural purposes, if
the local agency finds that the fee will impose undue economic
hardship upon the person applying for the permit. However, the local
agency shall not waive the surcharge required under subdivision (b).
(d) A county of the fifth class, as defined in Section 28020 of
the Government Code as a county with a population of 1,000,000 and
under 1,070,000, and any city located within that county, is exempt
from the requirements of collecting or transmitting to the board the
surcharge required to be included in fees paid to a local agency
pursuant to this section.
(e) This section does not apply in any jurisdiction in which a
single fee system, which replaces the fee required by this section,
has been implemented pursuant to Section 25404.5.
25288. (a) The local agency shall inspect every underground tank
system within its jurisdiction at least once every year. The purpose
of the inspection is to determine whether the tank system complies
with the applicable requirements of this chapter and the regulations
adopted by the board pursuant to Section 25299.3, including the
design and construction standards of Section 25290.1, 25290.2, 25291,
or 25292, whichever is applicable, whether the owner or operator has
monitored and tested the tank system as required by the permit, and
whether the tank system is in a safe operating condition.
(b) After an inspection conducted pursuant to subdivision (a), the
local agency shall prepare a compliance report detailing the
inspection and shall send a copy of this report to the permitholder
and the owner or operator, if the owner or operator is not the
permitholder. Any report prepared pursuant to this section shall be
consolidated into any other inspection reports required pursuant to
Chapter 6.11 (commencing with Section 25404), the requirements listed
in subdivision (c) of Section 25404, and the regulations adopted to
implement the requirements listed in subdivision (c) of Section
25404.
(c) In lieu of the annual local agency inspections, the local
agency may require the permitholder to employ a special inspector to
conduct the annual inspection. The local agency shall supply the
permitholder with a list of at least three special inspectors that
are qualified to conduct the inspection. The permitholder shall
employ a special inspector from the list provided by the local
agency. The special inspector's authority shall be the same as that
of the local agency as set forth in subdivision (a).
(d) Within 60 days after receiving a compliance report or special
inspection report prepared in accordance with subdivision (b) or (c),
respectively, the permitholder shall file with the local agency a
plan to implement all recommendations contained in the compliance
report or shall demonstrate, to the satisfaction of the local agency,
why these recommendations should not be implemented. Any corrective
action conducted pursuant to the recommendations in the report shall
be taken pursuant to Sections 25296.10 and 25299.36.
25289. (a) To carry out the purposes of this chapter or Chapter
6.75 (commencing with Section 25299.10), any duly authorized
representative of the local agency, the regional board, or the board
has the authority specified in Section 25185, with respect to any
place where underground tank systems are located, or in which records
relevant to operation of an underground tank system are kept, and in
Section 25185.5, with respect to real property which is within 2,000
feet of any place where underground tank systems are located. The
authority conferred by this subdivision includes the authority to
conduct any monitoring or testing of an underground tank system.
(b) To carry out the purposes of this chapter or Chapter 6.75
(commencing with Section 25299.10), any authorized representative of
the local agency, the regional board, or the board may require the
owner or operator of an underground storage tank to, upon request,
submit any information relevant to the compliance with this chapter
or the regulations, to conduct monitoring or testing, and to report
the results of that monitoring or testing under penalty of perjury.
The burden of the monitoring, testing, and reporting, including
costs, shall bear a reasonable relationship to the need for the
monitoring, testing, and reporting.
25290. (a) "Trade secrets," as used in this chapter, includes, but
is not limited to, any formula, plan, pattern, process, tool,
mechanism, compound, procedure, production data, or compilation of
information which is not patented, which is known only to certain
individuals within a commercial concern who are using it to
fabricate, produce, or compound an article of trade or a service
having commercial value, and which gives its user an opportunity to
obtain a business advantage over competitors who do not know or use
it.
(b) The board or a local agency may disclose trade secrets
received by the board or the local agency pursuant to this chapter to
authorized representatives or other governmental agencies only in
connection with the board's or local agency's responsibilities
pursuant to this chapter. The board and the local agency shall
establish procedures to ensure that these trade secrets are utilized
only in connection with these responsibilities and are not otherwise
disseminated without the consent of the person who provided the
information to the board or the local agency.
(c) Any person providing information pursuant to Section 25286
shall, at the time of its submission, identify all information which
the person believes is a trade secret. Any information or record not
identified as a trade secret is available to the public, unless
exempted from disclosure by other provisions of law.
(d) Where the local agency, by ordinance, provides an alternative
to the listing of a substance which is a trade secret, the person
storing that substance shall provide the identification of the
material directly to the board pursuant to this section.
25290.1. (a) Notwithstanding subdivision (o) of Section 25281, for
purposes of this section, "product tight" means impervious to the
liquid and vapor of the substance that is contained, or is to be
contained, so as to prevent the seepage of the substance from the
containment.
(b) Notwithstanding Sections 25290.2 and 25291, every underground
storage tank installed on or after July 1, 2004, shall meet the
requirements of this section.
(c) The underground storage tank shall be designed and constructed
to provide primary and secondary levels of containment of the
hazardous substances stored in it in accordance with the following
performance standards:
(1) Primary containment shall be constructed, operated, and
maintained product tight and compatible with the stored product.
(2) Secondary containment shall be constructed, operated, and
maintained product tight. The secondary containment shall also be
constructed, operated, and maintained in a manner to prevent
structural weakening as a result of contact with any hazardous
substances released from the primary containment, and also shall be
capable of storing the hazardous substances for the maximum
anticipated period of time necessary for the recovery of any released
hazardous substance.
(3) Secondary containment shall be constructed, operated, and
maintained to prevent any water intrusion into the system by
precipitation, infiltration, or surface runoff.
(4) In the case of an installation with one primary tank, the
secondary containment shall be large enough to contain at least 100
percent of the volume of the primary tank.
(5) In the case of multiple primary tanks, the secondary
containment shall be large enough to contain 150 percent of the
volume of the largest primary tank placed in it, or 10 percent of the
aggregate internal volume of all primary tanks, whichever is
greater.
(d) The underground tank system shall be designed and constructed
with a continuous monitoring system capable of detecting the entry of
the liquid- or vapor-phase of the hazardous substance stored in the
primary containment into the secondary containment and capable of
detecting water intrusion into the secondary containment.
(e) The interstitial space of the underground storage tank shall
be maintained under constant vacuum or pressure such that a breach in
the primary or secondary containment is detected before the liquid
or vapor phase of the hazardous substance stored in the underground
storage tank is released into the environment. The use of
interstitial liquid level measurement methods satisfies the
requirements of this subdivision.
(f) The underground storage tank shall be provided with equipment
to prevent spills and overfills from the primary tank.
(g) If different substances are stored in the same tank and in
combination may cause a fire or explosion, or the production of
flammable, toxic, or poisonous gas, or the deterioration of a primary
or secondary container, those substances shall be separated in both
the primary and secondary containment so as to avoid potential
intermixing.
(h) Underground pressurized piping that conveys a hazardous
substance shall be equipped with an automatic line leak detector.
(i) Before the underground storage tank is covered, enclosed, or
placed in use, the standard installation testing requirements for
underground storage systems specified in Section 2.4 of the Flammable
and Combustible Liquids Code, adopted by the National Fire
Protection Association (NFPA 30), as amended and published in the
respective edition of the Uniform Fire Code, shall be followed.
(j) Before the underground storage tank is placed in use, the
underground storage tank shall be tested after installation using one
of the following methods to demonstrate that the tank is product
tight:
(1) Enhanced leak detection.
(2) An inert gas pressure test that has been certified by a third
party and approved by the board.
(3) A test method deemed equivalent to enhanced leak detection or
an inert gas pressure test by the board in regulations adopted
pursuant to this chapter. An underground storage tank installed and
tested in accordance with this subdivision is exempt from the
requirements of Section 25292.5.
(k) Notwithstanding Section 25281.5, for any system installed to
meet the requirements of this section, those portions of vent lines,
vapor recovery lines, and fill pipes that are beneath the surface of
the ground are "pipe" as the term is defined in subdivision (m) of
Section 25281, and therefore part of the underground storage tank
system.
25290.1.1. (a) (1) On the effective date of the act adding this
section and for 179 days thereafter, a local agency shall only issue
a notice to comply pursuant to this section to an owner or operator
of an underground storage tank subject to Section 25290.1 that does
not maintain the vacuum or pressure that is required by subdivision
(e) of Section 25290.1, except as otherwise provided in this section.
(2) If the violation described in paragraph (1) occurs on or after
the 180th day from the effective date of the act adding this
chapter, the local agency may take any enforcement action authorized
by this chapter.
(b) A local agency shall issue the notice to comply alleging a
violation described in paragraph (1) of subdivision (a) by presenting
a notice to comply to the owner or operator in writing, which meets
all of the following requirements:
(1) The notice to comply shall be written in the course of
conducting an inspection by an authorized representative of the local
agency.
(2) A copy of the notice to comply shall be presented to a person
who is an owner, operator, employee, or representative of the
facility being inspected at the time that the notice to comply is
written.
(3) The notice to comply shall clearly state that a violation
described in paragraph (1) of subdivision (a) was discovered, a means
by which compliance may be achieved, and a time limit in which to
comply, which shall not exceed 60 days. The local agency may provide
a one-time extension of the time limit for compliance specified in
the notice, not to exceed an additional 60 days, if the local agency
determines that an extension is necessary to ensure compliance.
(4) The notice to comply shall contain a statement that the
inspected facility may be subject to reinspection at any time.
(c) (1) On or before five working days after the date the
violation described in paragraph (1) of subdivision (a) is corrected,
the person cited in the notice to comply or an authorized
representative of that person shall sign the notice to comply, shall
certify that the violation has been corrected, and shall return the
notice to the local agency.
(2) A false certification submitted pursuant to paragraph (1) that
the violation is corrected is punishable as a misdemeanor.
(3) The effective date of the certification that the violation has
been corrected shall be the date that the certification is
postmarked.
(d) Notwithstanding subdivision (a), if a person fails to correct
the violation within the prescribed period in the notice, the local
agency may take any enforcement action authorized by this chapter.
(e) This section does not do any of the following:
(1) Prevent the reinspection of a facility to ensure compliance.
(2) Prevent a local agency, on a case-by-case basis, from
requiring a person subject to a notice to comply to submit reasonable
and necessary documentation to support a claim of compliance by the
person.
(3) Restrict the power of a city attorney, district attorney,
county counsel, or the Attorney General to bring, in the name of the
people of California, any criminal proceeding otherwise authorized by
law.
(4) Prevent the local agency, state board, or regional board, from
cooperating with, or participating in, a proceeding specified in
paragraph (3).
(f) Notwithstanding subdivision (a), if the violation described in
paragraph (1) of subdivision (a) is intentional or occurs as the
result of gross negligence, the local agency may take any enforcement
action authorized by this chapter.
25290.1.2. (a) The board and the State Air Resources Board, under
the direction of the California Environmental Protection Agency,
shall certify to the best of their knowledge, that the equipment that
meets the requirements of Section 94011 of Title 17 of the
California Code of Regulations for enhanced vapor recovery systems at
gasoline dispensing facilities, as implemented by the State Air
Resources Board, also meets the requirements of this chapter. The
board and the State Air Resources Board shall make this certification
collaboratively, using existing resources.
(b) The board and the State Air Resources Board, under the
direction of the California Environmental Protection Agency, when
making the certification specified in subdivision (a), shall consult
with interested parties, including local implementing agencies,
underground storage tank system owners and operators, equipment
manufacturers, underground storage tank system installers, and
environmental organizations.
(c) The board and the State Air Resources Board shall post the
certification and any supporting documentation on their Web sites.
(d) This section shall be implemented by the executive directors
of the board and of the State Air Resources Board, or by their
designees.
25290.2. (a) Notwithstanding subdivision (o) of Section 25281, for
purposes of this section, "product tight" means impervious to the
liquid and vapor of the substance that is contained, or is to be
contained, so as to prevent the seepage of the substance from the
containment.
(b) Notwithstanding Section 25291, every underground storage tank
installed on or after July 1, 2003, and before July 1, 2004, shall
meet the requirements of this section.
(c) The underground storage tank shall be designed and constructed
to provide primary and secondary levels of containment of the
hazardous substances stored in it in accordance with the following
performance standards:
(1) Primary containment shall be product tight and compatible with
stored product.
(2) Secondary containment shall be product tight and constructed
to prevent struct
25280. (a) The Legislature finds and declares as follows:
(1) Substances hazardous to the public health and safety and to
the environment are stored prior to use or disposal in thousands of
underground locations in the state.
(2) Underground tanks used for the storage of hazardous substances
and wastes are potential sources of contamination of the ground and
underlying aquifers, and may pose other dangers to public health and
the environment.
(3) In several known cases, underground storage of hazardous
substances, including, but not limited to, industrial solvents,
petroleum products, and other materials, has resulted in undetected
and uncontrolled releases of hazardous substances into the ground.
These releases have contaminated public drinking water supplies and
created a potential threat to the public health and to the waters of
the state.
(4) The Legislature has previously enacted laws regulating the
management of hazardous wastes, including statutes providing the
means to clean up releases of hazardous substances into the
environment when the public health, domestic livestock, wildlife, and
the environment are endangered. Current laws do not specifically
govern the construction, maintenance, testing, and use of underground
tanks used for the storage of hazardous substances, or the
short-term storage of hazardous wastes prior to disposal, for the
purposes of protecting the public health and the environment.
(5) The protection of the public from releases of hazardous
substances is an issue of statewide concern.
(b) The Legislature therefore declares that it is in the public
interest to establish a continuing program for the purpose of
preventing contamination from, and improper storage of, hazardous
substances stored underground. It is the intent of the Legislature,
in enacting this chapter, to establish orderly procedures that will
ensure that newly constructed underground storage tanks meet
appropriate standards and that existing tanks be properly maintained,
inspected, tested, and upgraded so that the health, property, and
resources of the people of the state will be protected.
25280.5. The Legislature finds and declares all of the following:
(a) Subchapter IX (commencing with Section 6991) of Chapter 82 of
Title 42 of the United States Code provides for regulation of
underground storage tanks and allows underground storage tanks to be
regulated pursuant to a state program, in lieu of a federal program,
in states which are authorized to implement these provisions.
(b) It is in the interest of the people of the state, in order to
avoid direct regulation by the federal government of persons already
subject to regulation under state law pursuant to this chapter, to
authorize the state to implement the provisions of Subchapter IX
(commencing with Section 6991) of Chapter 82 of Title 42 of the
United States Code, including any acts amending or supplementing
Subchapter IX and any federal regulations and guidelines adopted
pursuant to Subchapter IX.
25280.6. Either the owner or operator of an underground storage
tank may comply with the requirements of this chapter that apply to
the owner or operator of an underground storage tank. Both the owner
and the operator of an underground storage tank are responsible for
complying with this chapter and if an underground storage tank is not
in compliance with this chapter, both the owner and the operator of
that underground storage tank are in violation of that requirement.
25281. For purposes of this chapter, the following definitions
apply:
(a) "Automatic line leak detector" means any method of leak
detection, as determined in regulations adopted by the board, that
alerts the owner or operator of an underground storage tank to the
presence of a leak. "Automatic line leak detector" includes, but is
not limited to, any device or mechanism that alerts the owner or
operator of an underground storage tank to the presence of a leak by
restricting or shutting off the flow of a hazardous substance through
piping, or by triggering an audible or visual alarm, and that
detects leaks of three gallons or more per hour at 10 pounds per
square inch line pressure within one hour.
(b) "Board" means the State Water Resources Control Board.
"Regional board" means a California regional water quality control
board.
(c) "Compatible" means the ability of two or more substances to
maintain their respective physical and chemical properties upon
contact with one another for the design life of the tank system under
conditions likely to be encountered in the tank system.
(d) (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 or
enforce the unified program element specified in paragraph (3) of
subdivision (c) of Section 25404, in accordance with Sections 25404.1
and 25404.2.
(3) "Unified Program Agency" or "UPA" means the CUPA, or its
participating agencies to the extent each PA has been designated by
the CUPA, pursuant to a written agreement, to implement or enforce
the unified program element specified in paragraph (3) of subdivision
(c) of Section 25404. For purposes of this chapter, a UPA has the
responsibility and authority, to the extent provided by this chapter
and Sections 25404.1 and 25404.2, to implement and enforce only those
requirements of this chapter listed in paragraph (3) of subdivision
(c) of Section 25404 and the regulations adopted to implement those
requirements. Except as provided in Section 25296.09, after a CUPA
has been certified by the secretary, the UPA shall be the only local
agency authorized to enforce the requirements of this chapter listed
in paragraph (3) of subdivision (c) of Section 25404 within the
jurisdiction of the CUPA. This paragraph shall not be construed to
limit the authority or responsibility granted to the board and the
regional boards by this chapter to implement and enforce this chapter
and the regulations adopted pursuant to this chapter.
(e) "Department" means the Department of Toxic Substances Control.
(f) "Facility" means any one, or combination of, underground
storage tanks used by a single business entity at a single location
or site.
(g) "Federal act" means Subchapter IX (commencing with Section
6991) of Chapter 82 of Title 42 of the United States Code, as added
by the Hazardous and Solid Waste Amendments of 1984 (P.L. 98-616), or
as it may subsequently be amended or supplemented.
(h) "Hazardous substance" means either of the following:
(1) All of the following liquid and solid substances, unless the
department, in consultation with the board, determines that the
substance could not adversely affect the quality of the waters of the
state:
(A) Substances on the list prepared by the Director of Industrial
Relations pursuant to Section 6382 of the Labor Code.
(B) Hazardous substances, as defined in Section 25316.
(C) Any substance or material that is classified by the National
Fire Protection Association (NFPA) as a flammable liquid, a class II
combustible liquid, or a class III-A combustible liquid.
(2) Any regulated substance, as defined in subsection (2) of
Section 6991 of Title 42 of the United States Code, as that section
reads on January 1, 1989, or as it may subsequently be amended or
supplemented.
(i) "Local agency" means the local agency authorized, pursuant to
Section 25283, to implement this chapter.
(j) "Operator" means any person in control of, or having daily
responsibility for, the daily operation of an underground storage
tank system.
(k) "Owner" means the owner of an underground storage tank.
( l) "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 state, another state of the
United States, any department or agency of this state or another
state, or the United States to the extent authorized by federal law.
(m) "Pipe" means any pipeline or system of pipelines that is used
in connection with the storage of hazardous substances and that is
not intended to transport hazardous substances in interstate or
intrastate commerce or to transfer hazardous materials in bulk to or
from a marine vessel.
(n) "Primary containment" means the first level of containment,
such as the portion of a tank that comes into immediate contact on
its inner surface with the hazardous substance being contained.
(o) "Product tight" means impervious to the substance that is
contained, or is to be contained, so as to prevent the seepage of the
substance from the containment.
(p) "Release" means any spilling, leaking, emitting, discharging,
escaping, leaching, or disposing from an underground storage tank
into or on the waters of the state, the land, or the subsurface
soils.
(q) "Secondary containment" means the level of containment
external to, and separate from, the primary containment.
(r) "Single walled" means construction with walls made of only one
thickness of material. For the purposes of this chapter, laminated,
coated, or clad materials are considered single walled.
(s) "Special inspector" means a professional engineer, registered
pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of
the Business and Professions Code, who is qualified to attest, at a
minimum, to structural soundness, seismic safety, the compatibility
of construction materials with contents, cathodic protection, and the
mechanical compatibility of the structural elements of underground
storage tanks.
(t) "Storage" or "store" means the containment, handling, or
treatment of hazardous substances, either on a temporary basis or for
a period of years. "Storage" or "store" does not include the storage
of hazardous wastes in an underground storage tank if the person
operating the tank has been issued a hazardous waste facilities
permit by the department pursuant to Section 25200 or granted interim
status under Section 25200.5.
(u) "Tank" means a stationary device designed to contain an
accumulation of hazardous substances which is constructed primarily
of nonearthen materials, including, but not limited to, wood,
concrete, steel, or plastic that provides structural support.
(v) "Tank integrity test" means a test method capable of detecting
an unauthorized release from an underground storage tank consistent
with the minimum standards adopted by the board.
(w) "Tank tester" means an individual who performs tank integrity
tests on underground storage tanks.
(x) "Unauthorized release" means any release of any hazardous
substance that does not conform to this chapter, including an
unauthorized release specified in Section 25295.5.
(y) (1) "Underground storage tank" means any one or combination of
tanks, including pipes connected thereto, that is used for the
storage of hazardous substances and that is substantially or totally
beneath the surface of the ground. "Underground storage tank" does
not include any of the following:
(A) A tank with a capacity of 1,100 gallons or less that is
located on a farm and that stores motor vehicle fuel used primarily
for agricultural purposes and not for resale.
(B) A tank that is located on a farm or at the residence of a
person, that has a capacity of 1,100 gallons or less, and that stores
home heating oil for consumptive use on the premises where stored.
(C) Structures, such as sumps, separators, storm drains, catch
basins, oil field gathering lines, refinery pipelines, lagoons,
evaporation ponds, well cellars, separation sumps, lined and unlined
pits, sumps and lagoons. A sump that is a part of a monitoring system
required under Section 25290.1, 25290.2, 25291, or 25292 and sumps
or other structures defined as underground storage tanks under the
federal act are not exempted by this subparagraph.
(D) A tank holding hydraulic fluid for a closed loop mechanical
system that uses compressed air or hydraulic fluid to operate lifts,
elevators, and other similar devices.
(2) Structures identified in subparagraphs (C) and (D) of
paragraph (1) may be regulated by the board and any regional board
pursuant to the Porter-Cologne Water Quality Control Act (Division 7
(commencing with Section 13000) of the Water Code) to ensure that
they do not pose a threat to water quality.
(z) "Underground tank system" or "tank system" means an
underground storage tank, connected piping, ancillary equipment, and
containment system, if any.
(aa) (1) "Unified program facility" means all contiguous land and
structures, other appurtenances, and improvements on the land that
are subject to the requirements of paragraph (3) of subdivision (c)
of Section 25404.
(2) "Unified program facility permit" means a permit issued
pursuant to Chapter 6.11 (commencing with Section 25404), and that
encompasses the permitting requirements of Section 25284.
(3) "Permit" means a permit issued pursuant to Section 25284 or a
unified program facility permit as defined in paragraph (2).
25281.5. (a) Notwithstanding subdivision (m) of Section 25281, for
purposes of this chapter "pipe" means all parts of any pipeline or
system of pipelines, used in connection with the storage of hazardous
substances, including, but not limited to, valves and other
appurtenances connected to the pipe, pumping units, fabricated
assemblies associated with pumping units, and metering and delivery
stations and fabricated assemblies therein, but does not include any
of the following:
(1) An interstate pipeline subject to Part 195 (commencing with
Section 195.0) of Subchapter D of Chapter 1 of Title 49 of the Code
of Federal Regulations.
(2) An intrastate pipeline subject to Chapter 5.5 (commencing with
Section 51010) of Part 1 of Division 1 of Title 5 of the Government
Code.
(3) Unburied delivery hoses, vapor recovery hoses, and nozzles
that are subject to unobstructed visual inspection for leakage.
(4) Vent lines, vapor recovery lines, and fill pipes which are
designed to prevent, and do not hold, standing fluid in the pipes or
lines.
(b) In addition to the exclusions specified in subdivision (y) of
Section 25281, "underground storage tank" does not include any of the
following:
(1) Vent lines, vapor recovery lines, and fill pipes that are
designed to prevent, and do not hold, standing fluid in the pipes or
lines.
(2) Unburied fuel delivery piping at marinas if the owner or
operator conducts daily visual inspections of the piping and
maintains a log of inspection results for review by the local agency.
The exclusion provided by this paragraph shall not be applicable if
the board adopts regulations pursuant to Section 25299.3 that address
the design, construction, upgrade, and monitoring of unburied fuel
delivery piping at marinas.
(3) Unburied fuel piping connected to an emergency generator tank
system, if the owner or operator conducts visual inspections of the
piping each time the tank system is operated, but no less than
monthly, and maintains a log of inspection results for review by the
local agency. The exclusion provided by this paragraph does not apply
if the board adopts regulations pursuant to Section 25299.3 that
address the design, construction, upgrade, and monitoring of unburied
fuel supply and return piping connected to emergency generator tank
systems.
(c) For purposes of this chapter, "emergency generator tank system"
means an underground storage tank system that provides power supply
in the event of a commercial power failure, stores diesel fuel, and
is used solely in connection with an emergency system, legally
required standby system, or optional standby system, as defined in
Articles 700, 701, and 702 of the National Electrical Code of the
National Fire Protection Association.
25281.6. (a) A tank located in a below-grade structure and
connected to an emergency generator tank system, as defined in
subdivision (c) of Section 25281.5, is exempt from the requirements
of this chapter if all of the following conditions are met:
(1) The tank is situated above the surface of the floor in such a
way that all of the surfaces of the tank can be visually inspected by
either direct viewing, through the use of visual aids, including,
but not limited to, mirrors, cameras, or video equipment, or
monitored through the use of a continuous leak detection and alarm
system capable of detecting unauthorized releases of hazardous
substances.
(2) For a single-walled tank, in addition to all the other
requirements in this section, the structure, or a separate discrete
secondary structure able to contain the entire contents of the liquid
stored in the tank, is sealed with a material compatible with the
stored product.
(3) The owner or operator of the tank conducts visual inspections
of the tank each time the emergency generator tank system is
operated, or at least once a month, and maintains a log of inspection
dates for review by the local agency.
(4) The tank or combination of tanks in the below-grade structure
has a cumulative capacity of 1,100 gallons or less of diesel fuel.
(b) Nothing in this section excludes an emergency generator tank
system from other applicable laws, codes, and regulations.
(c) The exclusion provided by this section does not apply if the
board adopts regulations pursuant to Section 25299.3 that address the
design, construction, upgrade, and monitoring of underground storage
tanks contained in below-grade structures that are connected to
emergency generator tank systems.
25282. (a) The department shall compile a comprehensive master list
of hazardous substances. The master list shall be made available to
the public and mailed to each local agency no later than June 30,
1984, notwithstanding any other provision of law, including Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code. Local agencies and owners or operators of
underground storage tanks shall use the master list or, when adopted,
the revised list adopted pursuant to subdivision (b), to determine
which underground storage tanks require permits pursuant to this
chapter. Hazardous substances included on the list may be denominated
by scientific, common, trade, or brand names.
(b) The department may revise, when appropriate, the master list
of all the hazardous substances specified in subdivision (a). The
revised list of hazardous substances shall be prepared and adopted,
and may be further revised, in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code.
25283. (a) (1) This chapter shall be implemented, pursuant to the
regulations adopted by the board, by one of the following:
(A) If there is a CUPA, the unified program agency.
(B) If there is no CUPA, by one of the following:
(i) Before January 1, 1997, the county or a city, pursuant to
paragraph (2).
(ii) On and after January 1, 1997, the agency authorized pursuant
to subdivision (f) of Section 25404.3.
(2) (A) Before January 1, 1997, if there is no CUPA, a city may,
by ordinance, assume responsibility for the implementation of this
chapter pursuant to the regulations adopted by the board and, if so,
shall have exclusive jurisdiction within the boundary of the city for
the purposes of carrying out this chapter. The ordinance adopted by
the city shall comply with this chapter, applicable federal laws, and
the regulations and guidelines adopted pursuant thereto. If there is
no CUPA, a city which, prior to January 1, 1990, was exempt from
implementing this chapter, has the exclusive jurisdiction, within its
boundaries, for the purpose of implementing this chapter.
(B) No city may assume responsibility for implementation of this
chapter unless it has notified the county, on or before July 1, 1990,
of its intentions to assume responsibility for implementation of
this chapter.
(C) A city's authorization for implementing this chapter pursuant
to this paragraph shall remain in effect only until a CUPA is
certified, or until January 1, 1997, whichever is earlier. On and
after January 1, 1997, the agency responsible for administering and
enforcing this chapter shall be the agency so authorized pursuant to
subdivision (f) of Section 25404.3.
(b) If there is no CUPA, the county and any city that assumes
responsibility pursuant to paragraph (2) of subdivision (a) shall
designate a department, office, or other agency of that county or
city, as the case may be, as the local agency responsible for
administering and enforcing this chapter, pursuant to subdivision
(a). A city that assumes responsibility for implementation of this
chapter pursuant to paragraph (2) of subdivision (a) shall designate
the agency which has responsibility for implementing Chapter 6.95
(commencing with Section 25500) as the local agency responsible for
administering and enforcing this chapter. A designation pursuant to
this subdivision shall remain in effect only until a CUPA is
certified or until January 1, 1997, whichever is earlier. On and
after January 1, 1997, the agency responsible for administering and
enforcing this chapter shall be the agency so authorized pursuant to
subdivision (f) of Section 25404.3.
(c) If the agency which receives certification as a certified
unified program agency subsequently withdraws or is decertified
before January 1, 1997, the local agency responsible for
administering and enforcing this chapter prior to the certification
of the CUPA shall assume responsibility for administering and
enforcing this chapter until a successor CUPA is certified or until
January 1, 1997, whichever is earlier.
(d) Revenue from fees collected by the county pursuant to this
chapter shall be prorated between the city and county based upon when
the city assumes responsibility for implementation of this chapter.
25283.1. This chapter does not prohibit any county from entering
into a joint powers agreement with other counties for the purposes of
enforcing this chapter.
25283.5. (a) An underground storage tank that meets all of the
following criteria is exempt from the requirements of this chapter:
(1) All exterior surfaces of the tank, including connected piping,
and the floor directly beneath the tank, can be monitored by direct
viewing.
(2) The structure in which the tank is located is constructed in
such a manner that the structure, at a minimum, provides for
secondary containment of the contents of the tank, as determined by
the local agency designated pursuant to Section 25283.
(3) The owner or operator of the underground storage tank conducts
weekly inspections of the tank and maintains a log of inspection
results for review by the local agency designated pursuant to Section
25283, as requested by the local agency.
(4) Except as provided in paragraph (5), the local agency
designated pursuant to Section 25283 determines that the underground
storage tank meets requirements that are equal to or more stringent
than those imposed by this chapter.
(5) If the underground storage tank is installed on or after July
1, 2003, notwithstanding Sections 25290.1 and 25290.2, the local
agency determines the tank meets both of the following:
(A) Requirements that are equal to, or more stringent than, the
requirements of paragraphs (1) to (6), inclusive, of subdivision (a)
and subdivisions (b) to (i), inclusive, of Section 25291.
(B) Notwithstanding Section 25281.5, any portion of a vent line,
vapor recovery line, or fill pipe that is beneath the surface of the
ground is subject to regulation as a "pipe," as defined in
subdivision (m) of Section 25281.
(b) This section does not prohibit a local fire chief or an
enforcement agency, as defined in Section 16006, from enforcing the
applicable provisions of the local or state fire, building, or
electrical codes.
25284. (a) (1) Except as provided in subdivision (c), no person may
own or operate an underground storage tank unless a permit for its
operation has been issued by the local agency to the owner or
operator of the tank, or a unified program facility permit has been
issued by the local agency to the owner or operator of the unified
program facility on which the tank is located.
(2) If the operator is not the owner of the tank, or if the permit
is issued to a person other than the owner or operator of the tank,
the permittee shall ensure that both the owner and the operator of
the tank are provided with a copy of the permit.
(3) If the permit is issued to a person other than the operator of
the tank, that person shall do all of the following:
(A) Enter into a written agreement with the operator of the tank
to monitor the tank system as set forth in the permit.
(B) Provide the operator with a copy or summary of Section 25299
in the form that the board specifies by regulation.
(C) Notify the local agency of any change of operator.
(b) Each local agency shall prepare a form that provides for the
acceptance of the obligations of a transferred permit by any person
who is to assume the ownership of an underground storage tank from
the previous owner and is to be transferred the permit to operate the
tank. That person shall complete the form accepting the obligations
of the permit and submit the completed form to the local agency
within 30 days from the date that the ownership of the underground
storage tank is to be transferred. A local agency may review and
modify, or terminate, the transfer of the permit to operate the
underground storage tank, pursuant to the criteria specified in
subdivision (a) of Section 25295, upon receiving the completed form.
(c) Any person assuming ownership of an underground storage tank
used for the storage of hazardous substances for which a valid
operating permit has been issued shall have 30 days from the date of
assumption of ownership to apply for an operating permit pursuant to
Section 25286 or, if accepting a transferred permit, shall submit to
the local agency the completed form accepting the obligations of the
transferred permit, as specified in subdivision (b). During the
period from the date of application until the permit is issued or
refused, the person shall not be held to be in violation of this
section.
(d) A permit issued pursuant to this section shall apply and
require compliance with all applicable regulations adopted by the
board pursuant to Section 25299.3.
25284.1. (a) The board shall take all of the following actions with
regard to the prevention of unauthorized releases from petroleum
underground storage tanks:
(1) On or before June 1, 2000, initiate a field-based research
program to quantify the probability and environmental significance of
releases from underground storage tank systems meeting the 1998
upgrade requirements specified in Section 25284, as that section read
on January 1, 2002. The research program shall do all of the
following:
(A) Seek to identify the source and causes of releases and any
deficiencies in leak detection systems.
(B) Include single-walled, double-walled, and hybrid tank systems,
and avoid bias towards known leaking underground storage tank
systems by including a statistically valid sample of all operating
underground storage tank systems.
(C) Include peer review.
(2) Complete the research program on or before June 1, 2002.
(3) Use the results of the research program to develop appropriate
changes in design, construction, monitoring, operation, and
maintenance requirements for tank systems.
(4) On or before January 1, 2001, adopt regulations to do all of
the following:
(A) (i) Require underground storage tank owners, operators,
service technicians, installers, and inspectors to meet minimum
industry-established training standards and require tank facilities
to be operated in a manner consistent with industry-established best
management practices.
(ii) The board shall implement an outreach effort to educate small
business owners or operators on the importance of the regulations
adopted pursuant to this subparagraph.
(B) (i) Except as provided in clauses (ii) and (iii), require
testing of the secondary containment components, including
under-dispenser and pump turbine containment components, upon initial
installation of a secondary containment component and periodically
thereafter, to ensure that the system is capable of containing
releases from the primary containment until a release is detected and
cleaned up. The board shall consult with the petroleum industry and
local government to assess the appropriate test or tests that would
comply with this subparagraph.
(ii) Secondary containment components that are part of an
emergency generator tank system may be tested using enhanced leak
detection, if the test is performed at the frequency specified by the
board for testing of secondary containment pursuant to Section
2644.1 of Title 23 of the California Code of Regulations. If the
results of the enhanced leak detection test indicate that any
component of the emergency generator tank system is leaking liquid or
vapor, the owner or operator shall take appropriate actions to
correct the leakage, and the owner or operator shall retest the
system using enhanced leak detection until the system is no longer
leaking liquid or vapor.
(iii) Any tank or piping that is part of an emergency generator
tank system and located within a structure as described in paragraph
(2) of subdivision (a) of Section 25283.5 is exempt from the
secondary containment testing required by clause (i) of subparagraph
(B) of paragraph (4), if the owner or operator conducts visual
inspections of tank or piping each time the tank system is operated,
but no less than monthly, and maintains a log of inspection results
for review by the local agency. The provisions of this clause are not
applicable if the board adopts regulations pursuant to Section
25299.3 that address the design, construction, upgrade, and
monitoring of unburied tanks that are part of an emergency generator
tank system.
(C) Require annual testing of release detection sensors and
alarms, including under-dispenser and pump turbine containment
sensors and alarms. The board shall consult with the petroleum
industry and local government to assess the appropriate test or tests
that would comply with this subparagraph.
(5) (A) Require an owner or operator of an underground storage
tank installed after July 1, 1987, if a tank is located within 1,000
feet of a public drinking water well, as identified pursuant to the
state GIS mapping database, to have the underground storage tank
system fitted, on or before July 1, 2001, with under-dispenser
containment or a spill containment or control system that is approved
by the board as capable of containing any accidental release.
(B) Require all underground storage tanks installed after January
1, 2000, to have the tank system fitted with under-dispenser
containment or a spill containment or control system to meet the
requirements of subparagraph (A).
(C) Require an owner or operator of an underground storage tank
that is not otherwise subject to subparagraph (A), and not subject to
subparagraph (B), to have the underground storage tank system fitted
to meet the requirements of subparagraph (A), on or before December
31, 2003.
(D) On and after January 1, 2002, no person shall install, repair,
maintain, or calibrate monitoring equipment for an underground
storage tank unless that person satisfies both of the following
requirements:
(i) The person has fulfilled training standards identified by the
board in regulations adopted pursuant to this section.
(ii) The person possesses a tank testing license issued by the
board pursuant to Section 25284.4, or a Class "A" General Engineering
Contractor License, C-10 Electrical Contractor License, C-34
Pipeline Contractor License, C-36 Plumbing Contractor License, or
C-61 (D40) Limited Specialty Service Station Equipment and
Maintenance Contractor License issued by the Contractors' State
License Board.
(E) Loans and grants for the installation of under-dispenser
containment or a spill containment or control system shall be made
available pursuant to Chapter 8.5 (commencing with Section 15399.10)
of Part 6.7 of Division 3 of Title 2 of the Government Code.
(6) Convene a panel of local agency and regional board
representatives to review existing enforcement authority and
procedures and to advise the board of any changes that are needed to
enable local agencies to take adequate enforcement action against
owners and operators of noncompliant underground storage tank
facilities. The panel shall make its recommendations to the board on
or before September 30, 2001. Based on the recommendations of the
panel, the board shall also establish effective enforcement
procedures in cases involving fraud.
(b) On or before July 1, 2001, the Contractors' State License
Board, in consultation with the board, the petroleum industry, air
pollution control districts, air quality management districts, and
local government, shall review its requirements for petroleum
underground storage tank system installation and removal contractors
and make changes, where appropriate, to ensure these contractors are
qualified.
25284.2. The owner or operator of an underground storage tank with
a spill containment structure designed to prevent a release in the
event of a spill or overfill while a hazardous substance is being
placed in the tank shall annually test the spill containment
structure to demonstrate that it is capable of containing the
substance until it is detected and cleaned up.
25284.4. (a) All tank integrity tests required by this chapter or
pursuant to any local ordinance in compliance with Section 25299.1
shall be performed only by, or under the direct and personal
supervision of, a tank tester with a currently valid tank testing
license issued pursuant to this section. No person shall engage in
the business of tank integrity testing, or act in the capacity of a
tank tester, within this state without first obtaining a tank testing
license from the board. Any person who violates this subdivision is
guilty of a misdemeanor and may be subject to civil liability
pursuant to subdivision (g).
(b) Any person proposing to conduct tank integrity testing within
the state shall apply to the board for a tank testing license, and
shall pay the appropriate fee established by the board. A license
issued pursuant to this section shall expire three years after the
date of issuance and shall be subject to renewal, except as specified
in this section. If the tank tester fails to renew the tank tester's
license within three years of the license's expiration date, the
license shall lapse and the person shall apply for a new tank testing
license and shall meet the same requirements of this section for a
new applicant. A tank tester shall pay a fee to the board at the time
of licensing and at the time of renewal. The board shall adopt a fee
schedule for the issuance and renewal of tank testing licenses to
cover the necessary and reasonable costs of administering and
enforcing this section.
(c) (1) The board may establish any additional qualifications and
standards for the licensing of tank testers. Each applicant for
licensing as a tank tester shall pass an examination specified by the
board and shall have completed a minimum of either of the following:
(A) One year of qualifying field experience by personally testing
a number of underground storage tanks specified by the board.
(B) Completed six months of field experience by personally testing
a number of underground storage tanks specified by the board and
have successfully completed a course of study applicable to tank
testing that is satisfactory to the board.
(2) The examination required by paragraph (1) shall, at a minimum,
test the applicant's knowledge of all of the following:
(A) General principles of tank and pipeline testing.
(B) Basic understanding of the mathematics relating to tank
testing.
(C) Understanding of the specific test procedures, principles, and
equipment for which the tank tester will be qualified to operate.
(D) Knowledge of the regulations and laws governing the regulation
of underground storage tanks.
(E) Proper safety procedures.
(d) The board shall maintain a current list of all persons
licensed pursuant to this section, including a record of enforcement
actions taken against these persons. This list shall be made
available to local agencies and the public on request.
(e) A tank tester may be liable civilly in accordance with
subdivision (g) and, in addition, may be subject to administrative
sanctions pursuant to subdivision (f) for performing or causing
another to perform, any of the following actions:
(1) Willfully or negligently violating, or causing, or allowing
the violation of, this chapter or any regulations adopted pursuant to
this chapter.
(2) Willfully or negligently failing to exercise direct and
personal control over an unlicensed employee, associate, assistant,
or agent during any phase of tank integrity testing.
(3) Without regard to intent or negligence, using or permitting a
licensed or unlicensed employee, associate, assistant, or agent to
use any method or equipment that is demonstrated to be unsafe or
unreliable for tank integrity testing.
(4) Submitting false or misleading information on an application
for license.
(5) Using fraud or deception in the course of doing business as a
tank tester.
(6) Failing to use reasonable care, or judgment, while performing
tank integrity tests.
(7) Failing to maintain competence in approved tank testing
procedures.
(8) Failing to use proper tests or testing equipment to conduct
tank integrity tests.
(9) Any other action that the board may, by regulation, prescribe.
(f) (1) The board may suspend the license of a tank tester for a
period of up to one year, and may revoke, or refuse to grant or
renew, a license and may place on probation, or reprimand, the
licensee upon any reasonable ground, including, but not limited to,
those violations specified in subdivision (e). The board may
investigate any licensed tank tester after receiving a written
request from a local agency.
(2) The board shall notify the tank tester of any alleged
violations and of proposed sanctions, before taking any action
pursuant to this subdivision. The tank tester may request a hearing,
or submit a written response within 30 days of the date of notice.
Any hearing conducted pursuant to this subdivision shall be conducted
in accordance with the hearing procedure specified in subdivision
(g). After the hearing, or at a time after the 30-day response
period, the board may impose the appropriate administrative sanctions
authorized by this subdivision if it finds that the tank tester has
committed any of the alleged violations specified in the notice.
(g) (1) The board may impose civil liability for a violation of
subdivision (a) or (e) in accordance with Article 2.5 (commencing
with Section 13323) of Chapter 5 of Division 7 of the Water Code, in
an amount that shall not exceed five hundred dollars ($500) for each
day in which the violation occurs, except that the chief of the
division of water quality of the board or any other person designated
by the board shall issue the complaint to the violator. The
complaint shall be issued based on information developed by board
staff or local agencies. Any hearing on the complaint shall be made
before the board, or a panel thereof, consisting of one or more board
members. The decision of the board shall be final upon issuance and
may be reviewed pursuant to Article 3 (commencing with Section 13330)
of Chapter 5 of Division 7 of the Water Code within 30 days
following issuance of the order.
(2) Civil liability for a violation of subdivision (a) or (e) may
be imposed by a superior court at the request of the board in an
amount which shall not exceed two thousand five hundred dollars
($2,500) for each day in which the violation occurs.
(h) Any fees or civil liability collected pursuant to this section
shall be deposited in the Underground Storage Tank Tester Account
which is hereby created in the General Fund. The money in this
account is available for expenditure by the board, upon appropriation
by the Legislature, for purposes of implementing the tank tester
licensing program established by this section and for repayment of
the loan made by Section 13 of Chapter 1372 of the Statutes of 1987.
(i) A tank tester who conducts or supervises a tank or piping
integrity test shall prepare a report detailing the results of the
tank test and shall maintain a record of the report for at least
three years, or as otherwise required by the board. The tank tester
shall type or print his or her name and include his or her license
number on the report and shall endorse the report under penalty of
perjury by original signature.
25285. (a) Except as provided in Section 25285.1, a permit to
operate issued by the local agency pursuant to Section 25284 shall be
effective for five years. This subdivision does not apply to unified
program facility permits.
(b) A local agency shall not issue or renew a permit to operate an
underground storage tank if the local agency inspects the tank and
determines that the tank does not comply with this chapter.
(c) Except as provided in Section 25404.5, a local agency shall
not issue or renew a permit to operate an underground storage tank to
any person who has not paid the fee and surcharge required by
Section 25287.
25285.1. (a) A local agency may revoke or modify a permit issued
pursuant to Section 25284 for cause, including, but not limited to,
any of the following:
(1) Violation of any of the terms or conditions of the permit.
(2) Obtaining the permit by misrepresentation or intentional
failure to fully disclose all relevant facts.
(3) A change in any condition that requires modification or
termination of the operation of the underground storage tank.
(b) The local agency shall revoke the permit of an underground
storage tank issued pursuant to Section 25284 if the owner or
operator is not in compliance with Article 3 (commencing with Section
25299.30) of Chapter 6.75 on the date three months after the date on
which the owner or operator of the tank first becomes subject to
Article 3 (commencing with Section 25299.30) of Chapter 6.75.
25286. (a) An application for a permit to operate an underground
storage tank, or for renewal of the permit, shall be made, by the
owner or operator of the tank, or, if there is a CUPA, by the owner
or operator of the unified program facility on which the tank is
located, on a standardized form provided by the local agency. Except
as provided in Section 25404.5, the permit shall be accompanied by
the appropriate fee, as specified in Section 25287. As a condition of
any permit to operate an underground storage tank, the permittee
shall notify the local agency, within the period determined by the
local agency, of any changes in the usage of the underground storage
tank, including the storage of new hazardous substances, changes in
monitoring procedures, and if there has been any unauthorized release
from the underground storage tank, as specified in Section 25294 or
25295.
(b) (1) The local agencies shall provide the designee of the board
with copies of the completed permit applications, using forms, an
industry standard computer readable magnetic tape, diskettes, or any
other form in a format acceptable to the board.
(2) The board may enter into a contract with any designee of the
board for the purpose of administering the underground storage tank
permit data base, and reimburse the designee of the board, upon
appropriation by the Legislature, for any costs determined by the
board to have been necessary and incurred pursuant to this section,
including programming, training, maintenance, actual data processing
expenditures, and any incidental costs of the operation of the data
base related to the permitting of underground storage tanks. In
selecting a contractor pursuant to this paragraph, the board shall
consider the fiscal impact upon local agencies of converting to the
data base systems and procedures employed by that contractor. The
permit application information required in subdivision (c) shall be
stored in the data base. The designee of the board shall submit to
the board a quarterly report, including any information required by
the board concerning permit application data. Each local agency shall
provide the designee of the board with a copy of the completed
permit application within 30 days after taking final action on the
application.
(c) The application form shall include, but not be limited to,
requests for the following information:
(1) A description of the age, size, type, location, uses, and
construction of the underground storage tank or tanks.
(2) A list of all the hazardous substances which are or will be
stored in the underground storage tank or tanks, specifying the
hazardous substances for each underground storage tank.
(3) A description of the monitoring program for the underground
tank system.
(4) The name and address of the person, firm, or corporation which
owns the underground tank system and, if different, the name and
address of the person who operates the underground tank system.
(5) The address of the facility at which the underground tank
system is located.
(6) The name of the person making the application.
(7) The name and 24-hour phone number of the contact person in the
event of an emergency involving the facility.
(8) If the owner or operator of the underground storage tank or
the owner or operator of the unified program facility on which the
tank is located is a public agency, the application shall include the
name of the supervisor of the division, section, or office which
owns or operates the tank or owns or operates the unified program
facility.
(9) The State Board of Equalization registration number issued to
the owner of the tank pursuant to Section 50108.1 of the Revenue and
Taxation Code.
(10) If applicable, the name and address of the owner and, if
different, the operator of the unified program facility on which the
tank is located.
(d) If an underground storage tank is used to store a hazardous
substance which is not listed in the application, as required by
paragraph (2) of subdivision (c), the permittee shall apply for a new
or amended permit within 30 days after commencing the storage of
that hazardous substance.
25287. (a) Except as provided in subdivision (c), a fee shall be
paid to the local agency by each person who submits an application
for a permit to operate an underground storage tank or to renew or
amend a permit. The governing body of the county, or a city which
assumes enforcement jurisdiction, shall establish the amount of the
fees at a level sufficient to pay the necessary and reasonable costs
incurred by the local agency in administering this chapter,
including, but not limited to, permitting and inspection
responsibilities. The governing body may provide for the waiver of
fees when a state or local government agency makes an application for
a permit to operate or an application to renew a permit.
(b) This fee shall include a surcharge, the amount of which shall
be determined by the Legislature annually to cover the costs of the
board in carrying out its responsibilities under this chapter and the
costs of the local agency in collecting the surcharges. The local
agency may retain 6 percent of any surcharge collected for costs
incurred in its collection. The 6 percent of the surcharge retained
by the local agency is the local agency's sole source of
reimbursement for the cost of collecting the surcharge. The local
agency shall transmit all remaining surcharge revenue collected by
the local agency to the board within 45 days after receipt pursuant
to subdivision (a). The surcharge shall be deposited in the
Underground Storage Tank Fund hereby created in the General Fund. The
money in this account is available, upon appropriation by the
Legislature, to the board for the purposes of implementing this
chapter.
(c) A local agency may waive the fee required by subdivision (a)
for an underground storage tank which has a capacity of 5,000 gallons
or less, which is located on a farm, and which contains motor
vehicle or heating fuel used primarily for agricultural purposes, if
the local agency finds that the fee will impose undue economic
hardship upon the person applying for the permit. However, the local
agency shall not waive the surcharge required under subdivision (b).
(d) A county of the fifth class, as defined in Section 28020 of
the Government Code as a county with a population of 1,000,000 and
under 1,070,000, and any city located within that county, is exempt
from the requirements of collecting or transmitting to the board the
surcharge required to be included in fees paid to a local agency
pursuant to this section.
(e) This section does not apply in any jurisdiction in which a
single fee system, which replaces the fee required by this section,
has been implemented pursuant to Section 25404.5.
25288. (a) The local agency shall inspect every underground tank
system within its jurisdiction at least once every year. The purpose
of the inspection is to determine whether the tank system complies
with the applicable requirements of this chapter and the regulations
adopted by the board pursuant to Section 25299.3, including the
design and construction standards of Section 25290.1, 25290.2, 25291,
or 25292, whichever is applicable, whether the owner or operator has
monitored and tested the tank system as required by the permit, and
whether the tank system is in a safe operating condition.
(b) After an inspection conducted pursuant to subdivision (a), the
local agency shall prepare a compliance report detailing the
inspection and shall send a copy of this report to the permitholder
and the owner or operator, if the owner or operator is not the
permitholder. Any report prepared pursuant to this section shall be
consolidated into any other inspection reports required pursuant to
Chapter 6.11 (commencing with Section 25404), the requirements listed
in subdivision (c) of Section 25404, and the regulations adopted to
implement the requirements listed in subdivision (c) of Section
25404.
(c) In lieu of the annual local agency inspections, the local
agency may require the permitholder to employ a special inspector to
conduct the annual inspection. The local agency shall supply the
permitholder with a list of at least three special inspectors that
are qualified to conduct the inspection. The permitholder shall
employ a special inspector from the list provided by the local
agency. The special inspector's authority shall be the same as that
of the local agency as set forth in subdivision (a).
(d) Within 60 days after receiving a compliance report or special
inspection report prepared in accordance with subdivision (b) or (c),
respectively, the permitholder shall file with the local agency a
plan to implement all recommendations contained in the compliance
report or shall demonstrate, to the satisfaction of the local agency,
why these recommendations should not be implemented. Any corrective
action conducted pursuant to the recommendations in the report shall
be taken pursuant to Sections 25296.10 and 25299.36.
25289. (a) To carry out the purposes of this chapter or Chapter
6.75 (commencing with Section 25299.10), any duly authorized
representative of the local agency, the regional board, or the board
has the authority specified in Section 25185, with respect to any
place where underground tank systems are located, or in which records
relevant to operation of an underground tank system are kept, and in
Section 25185.5, with respect to real property which is within 2,000
feet of any place where underground tank systems are located. The
authority conferred by this subdivision includes the authority to
conduct any monitoring or testing of an underground tank system.
(b) To carry out the purposes of this chapter or Chapter 6.75
(commencing with Section 25299.10), any authorized representative of
the local agency, the regional board, or the board may require the
owner or operator of an underground storage tank to, upon request,
submit any information relevant to the compliance with this chapter
or the regulations, to conduct monitoring or testing, and to report
the results of that monitoring or testing under penalty of perjury.
The burden of the monitoring, testing, and reporting, including
costs, shall bear a reasonable relationship to the need for the
monitoring, testing, and reporting.
25290. (a) "Trade secrets," as used in this chapter, includes, but
is not limited to, any formula, plan, pattern, process, tool,
mechanism, compound, procedure, production data, or compilation of
information which is not patented, which is known only to certain
individuals within a commercial concern who are using it to
fabricate, produce, or compound an article of trade or a service
having commercial value, and which gives its user an opportunity to
obtain a business advantage over competitors who do not know or use
it.
(b) The board or a local agency may disclose trade secrets
received by the board or the local agency pursuant to this chapter to
authorized representatives or other governmental agencies only in
connection with the board's or local agency's responsibilities
pursuant to this chapter. The board and the local agency shall
establish procedures to ensure that these trade secrets are utilized
only in connection with these responsibilities and are not otherwise
disseminated without the consent of the person who provided the
information to the board or the local agency.
(c) Any person providing information pursuant to Section 25286
shall, at the time of its submission, identify all information which
the person believes is a trade secret. Any information or record not
identified as a trade secret is available to the public, unless
exempted from disclosure by other provisions of law.
(d) Where the local agency, by ordinance, provides an alternative
to the listing of a substance which is a trade secret, the person
storing that substance shall provide the identification of the
material directly to the board pursuant to this section.
25290.1. (a) Notwithstanding subdivision (o) of Section 25281, for
purposes of this section, "product tight" means impervious to the
liquid and vapor of the substance that is contained, or is to be
contained, so as to prevent the seepage of the substance from the
containment.
(b) Notwithstanding Sections 25290.2 and 25291, every underground
storage tank installed on or after July 1, 2004, shall meet the
requirements of this section.
(c) The underground storage tank shall be designed and constructed
to provide primary and secondary levels of containment of the
hazardous substances stored in it in accordance with the following
performance standards:
(1) Primary containment shall be constructed, operated, and
maintained product tight and compatible with the stored product.
(2) Secondary containment shall be constructed, operated, and
maintained product tight. The secondary containment shall also be
constructed, operated, and maintained in a manner to prevent
structural weakening as a result of contact with any hazardous
substances released from the primary containment, and also shall be
capable of storing the hazardous substances for the maximum
anticipated period of time necessary for the recovery of any released
hazardous substance.
(3) Secondary containment shall be constructed, operated, and
maintained to prevent any water intrusion into the system by
precipitation, infiltration, or surface runoff.
(4) In the case of an installation with one primary tank, the
secondary containment shall be large enough to contain at least 100
percent of the volume of the primary tank.
(5) In the case of multiple primary tanks, the secondary
containment shall be large enough to contain 150 percent of the
volume of the largest primary tank placed in it, or 10 percent of the
aggregate internal volume of all primary tanks, whichever is
greater.
(d) The underground tank system shall be designed and constructed
with a continuous monitoring system capable of detecting the entry of
the liquid- or vapor-phase of the hazardous substance stored in the
primary containment into the secondary containment and capable of
detecting water intrusion into the secondary containment.
(e) The interstitial space of the underground storage tank shall
be maintained under constant vacuum or pressure such that a breach in
the primary or secondary containment is detected before the liquid
or vapor phase of the hazardous substance stored in the underground
storage tank is released into the environment. The use of
interstitial liquid level measurement methods satisfies the
requirements of this subdivision.
(f) The underground storage tank shall be provided with equipment
to prevent spills and overfills from the primary tank.
(g) If different substances are stored in the same tank and in
combination may cause a fire or explosion, or the production of
flammable, toxic, or poisonous gas, or the deterioration of a primary
or secondary container, those substances shall be separated in both
the primary and secondary containment so as to avoid potential
intermixing.
(h) Underground pressurized piping that conveys a hazardous
substance shall be equipped with an automatic line leak detector.
(i) Before the underground storage tank is covered, enclosed, or
placed in use, the standard installation testing requirements for
underground storage systems specified in Section 2.4 of the Flammable
and Combustible Liquids Code, adopted by the National Fire
Protection Association (NFPA 30), as amended and published in the
respective edition of the Uniform Fire Code, shall be followed.
(j) Before the underground storage tank is placed in use, the
underground storage tank shall be tested after installation using one
of the following methods to demonstrate that the tank is product
tight:
(1) Enhanced leak detection.
(2) An inert gas pressure test that has been certified by a third
party and approved by the board.
(3) A test method deemed equivalent to enhanced leak detection or
an inert gas pressure test by the board in regulations adopted
pursuant to this chapter. An underground storage tank installed and
tested in accordance with this subdivision is exempt from the
requirements of Section 25292.5.
(k) Notwithstanding Section 25281.5, for any system installed to
meet the requirements of this section, those portions of vent lines,
vapor recovery lines, and fill pipes that are beneath the surface of
the ground are "pipe" as the term is defined in subdivision (m) of
Section 25281, and therefore part of the underground storage tank
system.
25290.1.1. (a) (1) On the effective date of the act adding this
section and for 179 days thereafter, a local agency shall only issue
a notice to comply pursuant to this section to an owner or operator
of an underground storage tank subject to Section 25290.1 that does
not maintain the vacuum or pressure that is required by subdivision
(e) of Section 25290.1, except as otherwise provided in this section.
(2) If the violation described in paragraph (1) occurs on or after
the 180th day from the effective date of the act adding this
chapter, the local agency may take any enforcement action authorized
by this chapter.
(b) A local agency shall issue the notice to comply alleging a
violation described in paragraph (1) of subdivision (a) by presenting
a notice to comply to the owner or operator in writing, which meets
all of the following requirements:
(1) The notice to comply shall be written in the course of
conducting an inspection by an authorized representative of the local
agency.
(2) A copy of the notice to comply shall be presented to a person
who is an owner, operator, employee, or representative of the
facility being inspected at the time that the notice to comply is
written.
(3) The notice to comply shall clearly state that a violation
described in paragraph (1) of subdivision (a) was discovered, a means
by which compliance may be achieved, and a time limit in which to
comply, which shall not exceed 60 days. The local agency may provide
a one-time extension of the time limit for compliance specified in
the notice, not to exceed an additional 60 days, if the local agency
determines that an extension is necessary to ensure compliance.
(4) The notice to comply shall contain a statement that the
inspected facility may be subject to reinspection at any time.
(c) (1) On or before five working days after the date the
violation described in paragraph (1) of subdivision (a) is corrected,
the person cited in the notice to comply or an authorized
representative of that person shall sign the notice to comply, shall
certify that the violation has been corrected, and shall return the
notice to the local agency.
(2) A false certification submitted pursuant to paragraph (1) that
the violation is corrected is punishable as a misdemeanor.
(3) The effective date of the certification that the violation has
been corrected shall be the date that the certification is
postmarked.
(d) Notwithstanding subdivision (a), if a person fails to correct
the violation within the prescribed period in the notice, the local
agency may take any enforcement action authorized by this chapter.
(e) This section does not do any of the following:
(1) Prevent the reinspection of a facility to ensure compliance.
(2) Prevent a local agency, on a case-by-case basis, from
requiring a person subject to a notice to comply to submit reasonable
and necessary documentation to support a claim of compliance by the
person.
(3) Restrict the power of a city attorney, district attorney,
county counsel, or the Attorney General to bring, in the name of the
people of California, any criminal proceeding otherwise authorized by
law.
(4) Prevent the local agency, state board, or regional board, from
cooperating with, or participating in, a proceeding specified in
paragraph (3).
(f) Notwithstanding subdivision (a), if the violation described in
paragraph (1) of subdivision (a) is intentional or occurs as the
result of gross negligence, the local agency may take any enforcement
action authorized by this chapter.
25290.1.2. (a) The board and the State Air Resources Board, under
the direction of the California Environmental Protection Agency,
shall certify to the best of their knowledge, that the equipment that
meets the requirements of Section 94011 of Title 17 of the
California Code of Regulations for enhanced vapor recovery systems at
gasoline dispensing facilities, as implemented by the State Air
Resources Board, also meets the requirements of this chapter. The
board and the State Air Resources Board shall make this certification
collaboratively, using existing resources.
(b) The board and the State Air Resources Board, under the
direction of the California Environmental Protection Agency, when
making the certification specified in subdivision (a), shall consult
with interested parties, including local implementing agencies,
underground storage tank system owners and operators, equipment
manufacturers, underground storage tank system installers, and
environmental organizations.
(c) The board and the State Air Resources Board shall post the
certification and any supporting documentation on their Web sites.
(d) This section shall be implemented by the executive directors
of the board and of the State Air Resources Board, or by their
designees.
25290.2. (a) Notwithstanding subdivision (o) of Section 25281, for
purposes of this section, "product tight" means impervious to the
liquid and vapor of the substance that is contained, or is to be
contained, so as to prevent the seepage of the substance from the
containment.
(b) Notwithstanding Section 25291, every underground storage tank
installed on or after July 1, 2003, and before July 1, 2004, shall
meet the requirements of this section.
(c) The underground storage tank shall be designed and constructed
to provide primary and secondary levels of containment of the
hazardous substances stored in it in accordance with the following
performance standards:
(1) Primary containment shall be product tight and compatible with
stored product.
(2) Secondary containment shall be product tight and constructed
to prevent struct
25280. (a) The Legislature finds and declares as follows:
(1) Substances hazardous to the public health and safety and to
the environment are stored prior to use or disposal in thousands of
underground locations in the state.
(2) Underground tanks used for the storage of hazardous substances
and wastes are potential sources of contamination of the ground and
underlying aquifers, and may pose other dangers to public health and
the environment.
(3) In several known cases, underground storage of hazardous
substances, including, but not limited to, industrial solvents,
petroleum products, and other materials, has resulted in undetected
and uncontrolled releases of hazardous substances into the ground.
These releases have contaminated public drinking water supplies and
created a potential threat to the public health and to the waters of
the state.
(4) The Legislature has previously enacted laws regulating the
management of hazardous wastes, including statutes providing the
means to clean up releases of hazardous substances into the
environment when the public health, domestic livestock, wildlife, and
the environment are endangered. Current laws do not specifically
govern the construction, maintenance, testing, and use of underground
tanks used for the storage of hazardous substances, or the
short-term storage of hazardous wastes prior to disposal, for the
purposes of protecting the public health and the environment.
(5) The protection of the public from releases of hazardous
substances is an issue of statewide concern.
(b) The Legislature therefore declares that it is in the public
interest to establish a continuing program for the purpose of
preventing contamination from, and improper storage of, hazardous
substances stored underground. It is the intent of the Legislature,
in enacting this chapter, to establish orderly procedures that will
ensure that newly constructed underground storage tanks meet
appropriate standards and that existing tanks be properly maintained,
inspected, tested, and upgraded so that the health, property, and
resources of the people of the state will be protected.
25280.5. The Legislature finds and declares all of the following:
(a) Subchapter IX (commencing with Section 6991) of Chapter 82 of
Title 42 of the United States Code provides for regulation of
underground storage tanks and allows underground storage tanks to be
regulated pursuant to a state program, in lieu of a federal program,
in states which are authorized to implement these provisions.
(b) It is in the interest of the people of the state, in order to
avoid direct regulation by the federal government of persons already
subject to regulation under state law pursuant to this chapter, to
authorize the state to implement the provisions of Subchapter IX
(commencing with Section 6991) of Chapter 82 of Title 42 of the
United States Code, including any acts amending or supplementing
Subchapter IX and any federal regulations and guidelines adopted
pursuant to Subchapter IX.
25280.6. Either the owner or operator of an underground storage
tank may comply with the requirements of this chapter that apply to
the owner or operator of an underground storage tank. Both the owner
and the operator of an underground storage tank are responsible for
complying with this chapter and if an underground storage tank is not
in compliance with this chapter, both the owner and the operator of
that underground storage tank are in violation of that requirement.
25281. For purposes of this chapter, the following definitions
apply:
(a) "Automatic line leak detector" means any method of leak
detection, as determined in regulations adopted by the board, that
alerts the owner or operator of an underground storage tank to the
presence of a leak. "Automatic line leak detector" includes, but is
not limited to, any device or mechanism that alerts the owner or
operator of an underground storage tank to the presence of a leak by
restricting or shutting off the flow of a hazardous substance through
piping, or by triggering an audible or visual alarm, and that
detects leaks of three gallons or more per hour at 10 pounds per
square inch line pressure within one hour.
(b) "Board" means the State Water Resources Control Board.
"Regional board" means a California regional water quality control
board.
(c) "Compatible" means the ability of two or more substances to
maintain their respective physical and chemical properties upon
contact with one another for the design life of the tank system under
conditions likely to be encountered in the tank system.
(d) (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 or
enforce the unified program element specified in paragraph (3) of
subdivision (c) of Section 25404, in accordance with Sections 25404.1
and 25404.2.
(3) "Unified Program Agency" or "UPA" means the CUPA, or its
participating agencies to the extent each PA has been designated by
the CUPA, pursuant to a written agreement, to implement or enforce
the unified program element specified in paragraph (3) of subdivision
(c) of Section 25404. For purposes of this chapter, a UPA has the
responsibility and authority, to the extent provided by this chapter
and Sections 25404.1 and 25404.2, to implement and enforce only those
requirements of this chapter listed in paragraph (3) of subdivision
(c) of Section 25404 and the regulations adopted to implement those
requirements. Except as provided in Section 25296.09, after a CUPA
has been certified by the secretary, the UPA shall be the only local
agency authorized to enforce the requirements of this chapter listed
in paragraph (3) of subdivision (c) of Section 25404 within the
jurisdiction of the CUPA. This paragraph shall not be construed to
limit the authority or responsibility granted to the board and the
regional boards by this chapter to implement and enforce this chapter
and the regulations adopted pursuant to this chapter.
(e) "Department" means the Department of Toxic Substances Control.
(f) "Facility" means any one, or combination of, underground
storage tanks used by a single business entity at a single location
or site.
(g) "Federal act" means Subchapter IX (commencing with Section
6991) of Chapter 82 of Title 42 of the United States Code, as added
by the Hazardous and Solid Waste Amendments of 1984 (P.L. 98-616), or
as it may subsequently be amended or supplemented.
(h) "Hazardous substance" means either of the following:
(1) All of the following liquid and solid substances, unless the
department, in consultation with the board, determines that the
substance could not adversely affect the quality of the waters of the
state:
(A) Substances on the list prepared by the Director of Industrial
Relations pursuant to Section 6382 of the Labor Code.
(B) Hazardous substances, as defined in Section 25316.
(C) Any substance or material that is classified by the National
Fire Protection Association (NFPA) as a flammable liquid, a class II
combustible liquid, or a class III-A combustible liquid.
(2) Any regulated substance, as defined in subsection (2) of
Section 6991 of Title 42 of the United States Code, as that section
reads on January 1, 1989, or as it may subsequently be amended or
supplemented.
(i) "Local agency" means the local agency authorized, pursuant to
Section 25283, to implement this chapter.
(j) "Operator" means any person in control of, or having daily
responsibility for, the daily operation of an underground storage
tank system.
(k) "Owner" means the owner of an underground storage tank.
( l) "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 state, another state of the
United States, any department or agency of this state or another
state, or the United States to the extent authorized by federal law.
(m) "Pipe" means any pipeline or system of pipelines that is used
in connection with the storage of hazardous substances and that is
not intended to transport hazardous substances in interstate or
intrastate commerce or to transfer hazardous materials in bulk to or
from a marine vessel.
(n) "Primary containment" means the first level of containment,
such as the portion of a tank that comes into immediate contact on
its inner surface with the hazardous substance being contained.
(o) "Product tight" means impervious to the substance that is
contained, or is to be contained, so as to prevent the seepage of the
substance from the containment.
(p) "Release" means any spilling, leaking, emitting, discharging,
escaping, leaching, or disposing from an underground storage tank
into or on the waters of the state, the land, or the subsurface
soils.
(q) "Secondary containment" means the level of containment
external to, and separate from, the primary containment.
(r) "Single walled" means construction with walls made of only one
thickness of material. For the purposes of this chapter, laminated,
coated, or clad materials are considered single walled.
(s) "Special inspector" means a professional engineer, registered
pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of
the Business and Professions Code, who is qualified to attest, at a
minimum, to structural soundness, seismic safety, the compatibility
of construction materials with contents, cathodic protection, and the
mechanical compatibility of the structural elements of underground
storage tanks.
(t) "Storage" or "store" means the containment, handling, or
treatment of hazardous substances, either on a temporary basis or for
a period of years. "Storage" or "store" does not include the storage
of hazardous wastes in an underground storage tank if the person
operating the tank has been issued a hazardous waste facilities
permit by the department pursuant to Section 25200 or granted interim
status under Section 25200.5.
(u) "Tank" means a stationary device designed to contain an
accumulation of hazardous substances which is constructed primarily
of nonearthen materials, including, but not limited to, wood,
concrete, steel, or plastic that provides structural support.
(v) "Tank integrity test" means a test method capable of detecting
an unauthorized release from an underground storage tank consistent
with the minimum standards adopted by the board.
(w) "Tank tester" means an individual who performs tank integrity
tests on underground storage tanks.
(x) "Unauthorized release" means any release of any hazardous
substance that does not conform to this chapter, including an
unauthorized release specified in Section 25295.5.
(y) (1) "Underground storage tank" means any one or combination of
tanks, including pipes connected thereto, that is used for the
storage of hazardous substances and that is substantially or totally
beneath the surface of the ground. "Underground storage tank" does
not include any of the following:
(A) A tank with a capacity of 1,100 gallons or less that is
located on a farm and that stores motor vehicle fuel used primarily
for agricultural purposes and not for resale.
(B) A tank that is located on a farm or at the residence of a
person, that has a capacity of 1,100 gallons or less, and that stores
home heating oil for consumptive use on the premises where stored.
(C) Structures, such as sumps, separators, storm drains, catch
basins, oil field gathering lines, refinery pipelines, lagoons,
evaporation ponds, well cellars, separation sumps, lined and unlined
pits, sumps and lagoons. A sump that is a part of a monitoring system
required under Section 25290.1, 25290.2, 25291, or 25292 and sumps
or other structures defined as underground storage tanks under the
federal act are not exempted by this subparagraph.
(D) A tank holding hydraulic fluid for a closed loop mechanical
system that uses compressed air or hydraulic fluid to operate lifts,
elevators, and other similar devices.
(2) Structures identified in subparagraphs (C) and (D) of
paragraph (1) may be regulated by the board and any regional board
pursuant to the Porter-Cologne Water Quality Control Act (Division 7
(commencing with Section 13000) of the Water Code) to ensure that
they do not pose a threat to water quality.
(z) "Underground tank system" or "tank system" means an
underground storage tank, connected piping, ancillary equipment, and
containment system, if any.
(aa) (1) "Unified program facility" means all contiguous land and
structures, other appurtenances, and improvements on the land that
are subject to the requirements of paragraph (3) of subdivision (c)
of Section 25404.
(2) "Unified program facility permit" means a permit issued
pursuant to Chapter 6.11 (commencing with Section 25404), and that
encompasses the permitting requirements of Section 25284.
(3) "Permit" means a permit issued pursuant to Section 25284 or a
unified program facility permit as defined in paragraph (2).
25281.5. (a) Notwithstanding subdivision (m) of Section 25281, for
purposes of this chapter "pipe" means all parts of any pipeline or
system of pipelines, used in connection with the storage of hazardous
substances, including, but not limited to, valves and other
appurtenances connected to the pipe, pumping units, fabricated
assemblies associated with pumping units, and metering and delivery
stations and fabricated assemblies therein, but does not include any
of the following:
(1) An interstate pipeline subject to Part 195 (commencing with
Section 195.0) of Subchapter D of Chapter 1 of Title 49 of the Code
of Federal Regulations.
(2) An intrastate pipeline subject to Chapter 5.5 (commencing with
Section 51010) of Part 1 of Division 1 of Title 5 of the Government
Code.
(3) Unburied delivery hoses, vapor recovery hoses, and nozzles
that are subject to unobstructed visual inspection for leakage.
(4) Vent lines, vapor recovery lines, and fill pipes which are
designed to prevent, and do not hold, standing fluid in the pipes or
lines.
(b) In addition to the exclusions specified in subdivision (y) of
Section 25281, "underground storage tank" does not include any of the
following:
(1) Vent lines, vapor recovery lines, and fill pipes that are
designed to prevent, and do not hold, standing fluid in the pipes or
lines.
(2) Unburied fuel delivery piping at marinas if the owner or
operator conducts daily visual inspections of the piping and
maintains a log of inspection results for review by the local agency.
The exclusion provided by this paragraph shall not be applicable if
the board adopts regulations pursuant to Section 25299.3 that address
the design, construction, upgrade, and monitoring of unburied fuel
delivery piping at marinas.
(3) Unburied fuel piping connected to an emergency generator tank
system, if the owner or operator conducts visual inspections of the
piping each time the tank system is operated, but no less than
monthly, and maintains a log of inspection results for review by the
local agency. The exclusion provided by this paragraph does not apply
if the board adopts regulations pursuant to Section 25299.3 that
address the design, construction, upgrade, and monitoring of unburied
fuel supply and return piping connected to emergency generator tank
systems.
(c) For purposes of this chapter, "emergency generator tank system"
means an underground storage tank system that provides power supply
in the event of a commercial power failure, stores diesel fuel, and
is used solely in connection with an emergency system, legally
required standby system, or optional standby system, as defined in
Articles 700, 701, and 702 of the National Electrical Code of the
National Fire Protection Association.
25281.6. (a) A tank located in a below-grade structure and
connected to an emergency generator tank system, as defined in
subdivision (c) of Section 25281.5, is exempt from the requirements
of this chapter if all of the following conditions are met:
(1) The tank is situated above the surface of the floor in such a
way that all of the surfaces of the tank can be visually inspected by
either direct viewing, through the use of visual aids, including,
but not limited to, mirrors, cameras, or video equipment, or
monitored through the use of a continuous leak detection and alarm
system capable of detecting unauthorized releases of hazardous
substances.
(2) For a single-walled tank, in addition to all the other
requirements in this section, the structure, or a separate discrete
secondary structure able to contain the entire contents of the liquid
stored in the tank, is sealed with a material compatible with the
stored product.
(3) The owner or operator of the tank conducts visual inspections
of the tank each time the emergency generator tank system is
operated, or at least once a month, and maintains a log of inspection
dates for review by the local agency.
(4) The tank or combination of tanks in the below-grade structure
has a cumulative capacity of 1,100 gallons or less of diesel fuel.
(b) Nothing in this section excludes an emergency generator tank
system from other applicable laws, codes, and regulations.
(c) The exclusion provided by this section does not apply if the
board adopts regulations pursuant to Section 25299.3 that address the
design, construction, upgrade, and monitoring of underground storage
tanks contained in below-grade structures that are connected to
emergency generator tank systems.
25282. (a) The department shall compile a comprehensive master list
of hazardous substances. The master list shall be made available to
the public and mailed to each local agency no later than June 30,
1984, notwithstanding any other provision of law, including Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code. Local agencies and owners or operators of
underground storage tanks shall use the master list or, when adopted,
the revised list adopted pursuant to subdivision (b), to determine
which underground storage tanks require permits pursuant to this
chapter. Hazardous substances included on the list may be denominated
by scientific, common, trade, or brand names.
(b) The department may revise, when appropriate, the master list
of all the hazardous substances specified in subdivision (a). The
revised list of hazardous substances shall be prepared and adopted,
and may be further revised, in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code.
25283. (a) (1) This chapter shall be implemented, pursuant to the
regulations adopted by the board, by one of the following:
(A) If there is a CUPA, the unified program agency.
(B) If there is no CUPA, by one of the following:
(i) Before January 1, 1997, the county or a city, pursuant to
paragraph (2).
(ii) On and after January 1, 1997, the agency authorized pursuant
to subdivision (f) of Section 25404.3.
(2) (A) Before January 1, 1997, if there is no CUPA, a city may,
by ordinance, assume responsibility for the implementation of this
chapter pursuant to the regulations adopted by the board and, if so,
shall have exclusive jurisdiction within the boundary of the city for
the purposes of carrying out this chapter. The ordinance adopted by
the city shall comply with this chapter, applicable federal laws, and
the regulations and guidelines adopted pursuant thereto. If there is
no CUPA, a city which, prior to January 1, 1990, was exempt from
implementing this chapter, has the exclusive jurisdiction, within its
boundaries, for the purpose of implementing this chapter.
(B) No city may assume responsibility for implementation of this
chapter unless it has notified the county, on or before July 1, 1990,
of its intentions to assume responsibility for implementation of
this chapter.
(C) A city's authorization for implementing this chapter pursuant
to this paragraph shall remain in effect only until a CUPA is
certified, or until January 1, 1997, whichever is earlier. On and
after January 1, 1997, the agency responsible for administering and
enforcing this chapter shall be the agency so authorized pursuant to
subdivision (f) of Section 25404.3.
(b) If there is no CUPA, the county and any city that assumes
responsibility pursuant to paragraph (2) of subdivision (a) shall
designate a department, office, or other agency of that county or
city, as the case may be, as the local agency responsible for
administering and enforcing this chapter, pursuant to subdivision
(a). A city that assumes responsibility for implementation of this
chapter pursuant to paragraph (2) of subdivision (a) shall designate
the agency which has responsibility for implementing Chapter 6.95
(commencing with Section 25500) as the local agency responsible for
administering and enforcing this chapter. A designation pursuant to
this subdivision shall remain in effect only until a CUPA is
certified or until January 1, 1997, whichever is earlier. On and
after January 1, 1997, the agency responsible for administering and
enforcing this chapter shall be the agency so authorized pursuant to
subdivision (f) of Section 25404.3.
(c) If the agency which receives certification as a certified
unified program agency subsequently withdraws or is decertified
before January 1, 1997, the local agency responsible for
administering and enforcing this chapter prior to the certification
of the CUPA shall assume responsibility for administering and
enforcing this chapter until a successor CUPA is certified or until
January 1, 1997, whichever is earlier.
(d) Revenue from fees collected by the county pursuant to this
chapter shall be prorated between the city and county based upon when
the city assumes responsibility for implementation of this chapter.
25283.1. This chapter does not prohibit any county from entering
into a joint powers agreement with other counties for the purposes of
enforcing this chapter.
25283.5. (a) An underground storage tank that meets all of the
following criteria is exempt from the requirements of this chapter:
(1) All exterior surfaces of the tank, including connected piping,
and the floor directly beneath the tank, can be monitored by direct
viewing.
(2) The structure in which the tank is located is constructed in
such a manner that the structure, at a minimum, provides for
secondary containment of the contents of the tank, as determined by
the local agency designated pursuant to Section 25283.
(3) The owner or operator of the underground storage tank conducts
weekly inspections of the tank and maintains a log of inspection
results for review by the local agency designated pursuant to Section
25283, as requested by the local agency.
(4) Except as provided in paragraph (5), the local agency
designated pursuant to Section 25283 determines that the underground
storage tank meets requirements that are equal to or more stringent
than those imposed by this chapter.
(5) If the underground storage tank is installed on or after July
1, 2003, notwithstanding Sections 25290.1 and 25290.2, the local
agency determines the tank meets both of the following:
(A) Requirements that are equal to, or more stringent than, the
requirements of paragraphs (1) to (6), inclusive, of subdivision (a)
and subdivisions (b) to (i), inclusive, of Section 25291.
(B) Notwithstanding Section 25281.5, any portion of a vent line,
vapor recovery line, or fill pipe that is beneath the surface of the
ground is subject to regulation as a "pipe," as defined in
subdivision (m) of Section 25281.
(b) This section does not prohibit a local fire chief or an
enforcement agency, as defined in Section 16006, from enforcing the
applicable provisions of the local or state fire, building, or
electrical codes.
25284. (a) (1) Except as provided in subdivision (c), no person may
own or operate an underground storage tank unless a permit for its
operation has been issued by the local agency to the owner or
operator of the tank, or a unified program facility permit has been
issued by the local agency to the owner or operator of the unified
program facility on which the tank is located.
(2) If the operator is not the owner of the tank, or if the permit
is issued to a person other than the owner or operator of the tank,
the permittee shall ensure that both the owner and the operator of
the tank are provided with a copy of the permit.
(3) If the permit is issued to a person other than the operator of
the tank, that person shall do all of the following:
(A) Enter into a written agreement with the operator of the tank
to monitor the tank system as set forth in the permit.
(B) Provide the operator with a copy or summary of Section 25299
in the form that the board specifies by regulation.
(C) Notify the local agency of any change of operator.
(b) Each local agency shall prepare a form that provides for the
acceptance of the obligations of a transferred permit by any person
who is to assume the ownership of an underground storage tank from
the previous owner and is to be transferred the permit to operate the
tank. That person shall complete the form accepting the obligations
of the permit and submit the completed form to the local agency
within 30 days from the date that the ownership of the underground
storage tank is to be transferred. A local agency may review and
modify, or terminate, the transfer of the permit to operate the
underground storage tank, pursuant to the criteria specified in
subdivision (a) of Section 25295, upon receiving the completed form.
(c) Any person assuming ownership of an underground storage tank
used for the storage of hazardous substances for which a valid
operating permit has been issued shall have 30 days from the date of
assumption of ownership to apply for an operating permit pursuant to
Section 25286 or, if accepting a transferred permit, shall submit to
the local agency the completed form accepting the obligations of the
transferred permit, as specified in subdivision (b). During the
period from the date of application until the permit is issued or
refused, the person shall not be held to be in violation of this
section.
(d) A permit issued pursuant to this section shall apply and
require compliance with all applicable regulations adopted by the
board pursuant to Section 25299.3.
25284.1. (a) The board shall take all of the following actions with
regard to the prevention of unauthorized releases from petroleum
underground storage tanks:
(1) On or before June 1, 2000, initiate a field-based research
program to quantify the probability and environmental significance of
releases from underground storage tank systems meeting the 1998
upgrade requirements specified in Section 25284, as that section read
on January 1, 2002. The research program shall do all of the
following:
(A) Seek to identify the source and causes of releases and any
deficiencies in leak detection systems.
(B) Include single-walled, double-walled, and hybrid tank systems,
and avoid bias towards known leaking underground storage tank
systems by including a statistically valid sample of all operating
underground storage tank systems.
(C) Include peer review.
(2) Complete the research program on or before June 1, 2002.
(3) Use the results of the research program to develop appropriate
changes in design, construction, monitoring, operation, and
maintenance requirements for tank systems.
(4) On or before January 1, 2001, adopt regulations to do all of
the following:
(A) (i) Require underground storage tank owners, operators,
service technicians, installers, and inspectors to meet minimum
industry-established training standards and require tank facilities
to be operated in a manner consistent with industry-established best
management practices.
(ii) The board shall implement an outreach effort to educate small
business owners or operators on the importance of the regulations
adopted pursuant to this subparagraph.
(B) (i) Except as provided in clauses (ii) and (iii), require
testing of the secondary containment components, including
under-dispenser and pump turbine containment components, upon initial
installation of a secondary containment component and periodically
thereafter, to ensure that the system is capable of containing
releases from the primary containment until a release is detected and
cleaned up. The board shall consult with the petroleum industry and
local government to assess the appropriate test or tests that would
comply with this subparagraph.
(ii) Secondary containment components that are part of an
emergency generator tank system may be tested using enhanced leak
detection, if the test is performed at the frequency specified by the
board for testing of secondary containment pursuant to Section
2644.1 of Title 23 of the California Code of Regulations. If the
results of the enhanced leak detection test indicate that any
component of the emergency generator tank system is leaking liquid or
vapor, the owner or operator shall take appropriate actions to
correct the leakage, and the owner or operator shall retest the
system using enhanced leak detection until the system is no longer
leaking liquid or vapor.
(iii) Any tank or piping that is part of an emergency generator
tank system and located within a structure as described in paragraph
(2) of subdivision (a) of Section 25283.5 is exempt from the
secondary containment testing required by clause (i) of subparagraph
(B) of paragraph (4), if the owner or operator conducts visual
inspections of tank or piping each time the tank system is operated,
but no less than monthly, and maintains a log of inspection results
for review by the local agency. The provisions of this clause are not
applicable if the board adopts regulations pursuant to Section
25299.3 that address the design, construction, upgrade, and
monitoring of unburied tanks that are part of an emergency generator
tank system.
(C) Require annual testing of release detection sensors and
alarms, including under-dispenser and pump turbine containment
sensors and alarms. The board shall consult with the petroleum
industry and local government to assess the appropriate test or tests
that would comply with this subparagraph.
(5) (A) Require an owner or operator of an underground storage
tank installed after July 1, 1987, if a tank is located within 1,000
feet of a public drinking water well, as identified pursuant to the
state GIS mapping database, to have the underground storage tank
system fitted, on or before July 1, 2001, with under-dispenser
containment or a spill containment or control system that is approved
by the board as capable of containing any accidental release.
(B) Require all underground storage tanks installed after January
1, 2000, to have the tank system fitted with under-dispenser
containment or a spill containment or control system to meet the
requirements of subparagraph (A).
(C) Require an owner or operator of an underground storage tank
that is not otherwise subject to subparagraph (A), and not subject to
subparagraph (B), to have the underground storage tank system fitted
to meet the requirements of subparagraph (A), on or before December
31, 2003.
(D) On and after January 1, 2002, no person shall install, repair,
maintain, or calibrate monitoring equipment for an underground
storage tank unless that person satisfies both of the following
requirements:
(i) The person has fulfilled training standards identified by the
board in regulations adopted pursuant to this section.
(ii) The person possesses a tank testing license issued by the
board pursuant to Section 25284.4, or a Class "A" General Engineering
Contractor License, C-10 Electrical Contractor License, C-34
Pipeline Contractor License, C-36 Plumbing Contractor License, or
C-61 (D40) Limited Specialty Service Station Equipment and
Maintenance Contractor License issued by the Contractors' State
License Board.
(E) Loans and grants for the installation of under-dispenser
containment or a spill containment or control system shall be made
available pursuant to Chapter 8.5 (commencing with Section 15399.10)
of Part 6.7 of Division 3 of Title 2 of the Government Code.
(6) Convene a panel of local agency and regional board
representatives to review existing enforcement authority and
procedures and to advise the board of any changes that are needed to
enable local agencies to take adequate enforcement action against
owners and operators of noncompliant underground storage tank
facilities. The panel shall make its recommendations to the board on
or before September 30, 2001. Based on the recommendations of the
panel, the board shall also establish effective enforcement
procedures in cases involving fraud.
(b) On or before July 1, 2001, the Contractors' State License
Board, in consultation with the board, the petroleum industry, air
pollution control districts, air quality management districts, and
local government, shall review its requirements for petroleum
underground storage tank system installation and removal contractors
and make changes, where appropriate, to ensure these contractors are
qualified.
25284.2. The owner or operator of an underground storage tank with
a spill containment structure designed to prevent a release in the
event of a spill or overfill while a hazardous substance is being
placed in the tank shall annually test the spill containment
structure to demonstrate that it is capable of containing the
substance until it is detected and cleaned up.
25284.4. (a) All tank integrity tests required by this chapter or
pursuant to any local ordinance in compliance with Section 25299.1
shall be performed only by, or under the direct and personal
supervision of, a tank tester with a currently valid tank testing
license issued pursuant to this section. No person shall engage in
the business of tank integrity testing, or act in the capacity of a
tank tester, within this state without first obtaining a tank testing
license from the board. Any person who violates this subdivision is
guilty of a misdemeanor and may be subject to civil liability
pursuant to subdivision (g).
(b) Any person proposing to conduct tank integrity testing within
the state shall apply to the board for a tank testing license, and
shall pay the appropriate fee established by the board. A license
issued pursuant to this section shall expire three years after the
date of issuance and shall be subject to renewal, except as specified
in this section. If the tank tester fails to renew the tank tester's
license within three years of the license's expiration date, the
license shall lapse and the person shall apply for a new tank testing
license and shall meet the same requirements of this section for a
new applicant. A tank tester shall pay a fee to the board at the time
of licensing and at the time of renewal. The board shall adopt a fee
schedule for the issuance and renewal of tank testing licenses to
cover the necessary and reasonable costs of administering and
enforcing this section.
(c) (1) The board may establish any additional qualifications and
standards for the licensing of tank testers. Each applicant for
licensing as a tank tester shall pass an examination specified by the
board and shall have completed a minimum of either of the following:
(A) One year of qualifying field experience by personally testing
a number of underground storage tanks specified by the board.
(B) Completed six months of field experience by personally testing
a number of underground storage tanks specified by the board and
have successfully completed a course of study applicable to tank
testing that is satisfactory to the board.
(2) The examination required by paragraph (1) shall, at a minimum,
test the applicant's knowledge of all of the following:
(A) General principles of tank and pipeline testing.
(B) Basic understanding of the mathematics relating to tank
testing.
(C) Understanding of the specific test procedures, principles, and
equipment for which the tank tester will be qualified to operate.
(D) Knowledge of the regulations and laws governing the regulation
of underground storage tanks.
(E) Proper safety procedures.
(d) The board shall maintain a current list of all persons
licensed pursuant to this section, including a record of enforcement
actions taken against these persons. This list shall be made
available to local agencies and the public on request.
(e) A tank tester may be liable civilly in accordance with
subdivision (g) and, in addition, may be subject to administrative
sanctions pursuant to subdivision (f) for performing or causing
another to perform, any of the following actions:
(1) Willfully or negligently violating, or causing, or allowing
the violation of, this chapter or any regulations adopted pursuant to
this chapter.
(2) Willfully or negligently failing to exercise direct and
personal control over an unlicensed employee, associate, assistant,
or agent during any phase of tank integrity testing.
(3) Without regard to intent or negligence, using or permitting a
licensed or unlicensed employee, associate, assistant, or agent to
use any method or equipment that is demonstrated to be unsafe or
unreliable for tank integrity testing.
(4) Submitting false or misleading information on an application
for license.
(5) Using fraud or deception in the course of doing business as a
tank tester.
(6) Failing to use reasonable care, or judgment, while performing
tank integrity tests.
(7) Failing to maintain competence in approved tank testing
procedures.
(8) Failing to use proper tests or testing equipment to conduct
tank integrity tests.
(9) Any other action that the board may, by regulation, prescribe.
(f) (1) The board may suspend the license of a tank tester for a
period of up to one year, and may revoke, or refuse to grant or
renew, a license and may place on probation, or reprimand, the
licensee upon any reasonable ground, including, but not limited to,
those violations specified in subdivision (e). The board may
investigate any licensed tank tester after receiving a written
request from a local agency.
(2) The board shall notify the tank tester of any alleged
violations and of proposed sanctions, before taking any action
pursuant to this subdivision. The tank tester may request a hearing,
or submit a written response within 30 days of the date of notice.
Any hearing conducted pursuant to this subdivision shall be conducted
in accordance with the hearing procedure specified in subdivision
(g). After the hearing, or at a time after the 30-day response
period, the board may impose the appropriate administrative sanctions
authorized by this subdivision if it finds that the tank tester has
committed any of the alleged violations specified in the notice.
(g) (1) The board may impose civil liability for a violation of
subdivision (a) or (e) in accordance with Article 2.5 (commencing
with Section 13323) of Chapter 5 of Division 7 of the Water Code, in
an amount that shall not exceed five hundred dollars ($500) for each
day in which the violation occurs, except that the chief of the
division of water quality of the board or any other person designated
by the board shall issue the complaint to the violator. The
complaint shall be issued based on information developed by board
staff or local agencies. Any hearing on the complaint shall be made
before the board, or a panel thereof, consisting of one or more board
members. The decision of the board shall be final upon issuance and
may be reviewed pursuant to Article 3 (commencing with Section 13330)
of Chapter 5 of Division 7 of the Water Code within 30 days
following issuance of the order.
(2) Civil liability for a violation of subdivision (a) or (e) may
be imposed by a superior court at the request of the board in an
amount which shall not exceed two thousand five hundred dollars
($2,500) for each day in which the violation occurs.
(h) Any fees or civil liability collected pursuant to this section
shall be deposited in the Underground Storage Tank Tester Account
which is hereby created in the General Fund. The money in this
account is available for expenditure by the board, upon appropriation
by the Legislature, for purposes of implementing the tank tester
licensing program established by this section and for repayment of
the loan made by Section 13 of Chapter 1372 of the Statutes of 1987.
(i) A tank tester who conducts or supervises a tank or piping
integrity test shall prepare a report detailing the results of the
tank test and shall maintain a record of the report for at least
three years, or as otherwise required by the board. The tank tester
shall type or print his or her name and include his or her license
number on the report and shall endorse the report under penalty of
perjury by original signature.
25285. (a) Except as provided in Section 25285.1, a permit to
operate issued by the local agency pursuant to Section 25284 shall be
effective for five years. This subdivision does not apply to unified
program facility permits.
(b) A local agency shall not issue or renew a permit to operate an
underground storage tank if the local agency inspects the tank and
determines that the tank does not comply with this chapter.
(c) Except as provided in Section 25404.5, a local agency shall
not issue or renew a permit to operate an underground storage tank to
any person who has not paid the fee and surcharge required by
Section 25287.
25285.1. (a) A local agency may revoke or modify a permit issued
pursuant to Section 25284 for cause, including, but not limited to,
any of the following:
(1) Violation of any of the terms or conditions of the permit.
(2) Obtaining the permit by misrepresentation or intentional
failure to fully disclose all relevant facts.
(3) A change in any condition that requires modification or
termination of the operation of the underground storage tank.
(b) The local agency shall revoke the permit of an underground
storage tank issued pursuant to Section 25284 if the owner or
operator is not in compliance with Article 3 (commencing with Section
25299.30) of Chapter 6.75 on the date three months after the date on
which the owner or operator of the tank first becomes subject to
Article 3 (commencing with Section 25299.30) of Chapter 6.75.
25286. (a) An application for a permit to operate an underground
storage tank, or for renewal of the permit, shall be made, by the
owner or operator of the tank, or, if there is a CUPA, by the owner
or operator of the unified program facility on which the tank is
located, on a standardized form provided by the local agency. Except
as provided in Section 25404.5, the permit shall be accompanied by
the appropriate fee, as specified in Section 25287. As a condition of
any permit to operate an underground storage tank, the permittee
shall notify the local agency, within the period determined by the
local agency, of any changes in the usage of the underground storage
tank, including the storage of new hazardous substances, changes in
monitoring procedures, and if there has been any unauthorized release
from the underground storage tank, as specified in Section 25294 or
25295.
(b) (1) The local agencies shall provide the designee of the board
with copies of the completed permit applications, using forms, an
industry standard computer readable magnetic tape, diskettes, or any
other form in a format acceptable to the board.
(2) The board may enter into a contract with any designee of the
board for the purpose of administering the underground storage tank
permit data base, and reimburse the designee of the board, upon
appropriation by the Legislature, for any costs determined by the
board to have been necessary and incurred pursuant to this section,
including programming, training, maintenance, actual data processing
expenditures, and any incidental costs of the operation of the data
base related to the permitting of underground storage tanks. In
selecting a contractor pursuant to this paragraph, the board shall
consider the fiscal impact upon local agencies of converting to the
data base systems and procedures employed by that contractor. The
permit application information required in subdivision (c) shall be
stored in the data base. The designee of the board shall submit to
the board a quarterly report, including any information required by
the board concerning permit application data. Each local agency shall
provide the designee of the board with a copy of the completed
permit application within 30 days after taking final action on the
application.
(c) The application form shall include, but not be limited to,
requests for the following information:
(1) A description of the age, size, type, location, uses, and
construction of the underground storage tank or tanks.
(2) A list of all the hazardous substances which are or will be
stored in the underground storage tank or tanks, specifying the
hazardous substances for each underground storage tank.
(3) A description of the monitoring program for the underground
tank system.
(4) The name and address of the person, firm, or corporation which
owns the underground tank system and, if different, the name and
address of the person who operates the underground tank system.
(5) The address of the facility at which the underground tank
system is located.
(6) The name of the person making the application.
(7) The name and 24-hour phone number of the contact person in the
event of an emergency involving the facility.
(8) If the owner or operator of the underground storage tank or
the owner or operator of the unified program facility on which the
tank is located is a public agency, the application shall include the
name of the supervisor of the division, section, or office which
owns or operates the tank or owns or operates the unified program
facility.
(9) The State Board of Equalization registration number issued to
the owner of the tank pursuant to Section 50108.1 of the Revenue and
Taxation Code.
(10) If applicable, the name and address of the owner and, if
different, the operator of the unified program facility on which the
tank is located.
(d) If an underground storage tank is used to store a hazardous
substance which is not listed in the application, as required by
paragraph (2) of subdivision (c), the permittee shall apply for a new
or amended permit within 30 days after commencing the storage of
that hazardous substance.
25287. (a) Except as provided in subdivision (c), a fee shall be
paid to the local agency by each person who submits an application
for a permit to operate an underground storage tank or to renew or
amend a permit. The governing body of the county, or a city which
assumes enforcement jurisdiction, shall establish the amount of the
fees at a level sufficient to pay the necessary and reasonable costs
incurred by the local agency in administering this chapter,
including, but not limited to, permitting and inspection
responsibilities. The governing body may provide for the waiver of
fees when a state or local government agency makes an application for
a permit to operate or an application to renew a permit.
(b) This fee shall include a surcharge, the amount of which shall
be determined by the Legislature annually to cover the costs of the
board in carrying out its responsibilities under this chapter and the
costs of the local agency in collecting the surcharges. The local
agency may retain 6 percent of any surcharge collected for costs
incurred in its collection. The 6 percent of the surcharge retained
by the local agency is the local agency's sole source of
reimbursement for the cost of collecting the surcharge. The local
agency shall transmit all remaining surcharge revenue collected by
the local agency to the board within 45 days after receipt pursuant
to subdivision (a). The surcharge shall be deposited in the
Underground Storage Tank Fund hereby created in the General Fund. The
money in this account is available, upon appropriation by the
Legislature, to the board for the purposes of implementing this
chapter.
(c) A local agency may waive the fee required by subdivision (a)
for an underground storage tank which has a capacity of 5,000 gallons
or less, which is located on a farm, and which contains motor
vehicle or heating fuel used primarily for agricultural purposes, if
the local agency finds that the fee will impose undue economic
hardship upon the person applying for the permit. However, the local
agency shall not waive the surcharge required under subdivision (b).
(d) A county of the fifth class, as defined in Section 28020 of
the Government Code as a county with a population of 1,000,000 and
under 1,070,000, and any city located within that county, is exempt
from the requirements of collecting or transmitting to the board the
surcharge required to be included in fees paid to a local agency
pursuant to this section.
(e) This section does not apply in any jurisdiction in which a
single fee system, which replaces the fee required by this section,
has been implemented pursuant to Section 25404.5.
25288. (a) The local agency shall inspect every underground tank
system within its jurisdiction at least once every year. The purpose
of the inspection is to determine whether the tank system complies
with the applicable requirements of this chapter and the regulations
adopted by the board pursuant to Section 25299.3, including the
design and construction standards of Section 25290.1, 25290.2, 25291,
or 25292, whichever is applicable, whether the owner or operator has
monitored and tested the tank system as required by the permit, and
whether the tank system is in a safe operating condition.
(b) After an inspection conducted pursuant to subdivision (a), the
local agency shall prepare a compliance report detailing the
inspection and shall send a copy of this report to the permitholder
and the owner or operator, if the owner or operator is not the
permitholder. Any report prepared pursuant to this section shall be
consolidated into any other inspection reports required pursuant to
Chapter 6.11 (commencing with Section 25404), the requirements listed
in subdivision (c) of Section 25404, and the regulations adopted to
implement the requirements listed in subdivision (c) of Section
25404.
(c) In lieu of the annual local agency inspections, the local
agency may require the permitholder to employ a special inspector to
conduct the annual inspection. The local agency shall supply the
permitholder with a list of at least three special inspectors that
are qualified to conduct the inspection. The permitholder shall
employ a special inspector from the list provided by the local
agency. The special inspector's authority shall be the same as that
of the local agency as set forth in subdivision (a).
(d) Within 60 days after receiving a compliance report or special
inspection report prepared in accordance with subdivision (b) or (c),
respectively, the permitholder shall file with the local agency a
plan to implement all recommendations contained in the compliance
report or shall demonstrate, to the satisfaction of the local agency,
why these recommendations should not be implemented. Any corrective
action conducted pursuant to the recommendations in the report shall
be taken pursuant to Sections 25296.10 and 25299.36.
25289. (a) To carry out the purposes of this chapter or Chapter
6.75 (commencing with Section 25299.10), any duly authorized
representative of the local agency, the regional board, or the board
has the authority specified in Section 25185, with respect to any
place where underground tank systems are located, or in which records
relevant to operation of an underground tank system are kept, and in
Section 25185.5, with respect to real property which is within 2,000
feet of any place where underground tank systems are located. The
authority conferred by this subdivision includes the authority to
conduct any monitoring or testing of an underground tank system.
(b) To carry out the purposes of this chapter or Chapter 6.75
(commencing with Section 25299.10), any authorized representative of
the local agency, the regional board, or the board may require the
owner or operator of an underground storage tank to, upon request,
submit any information relevant to the compliance with this chapter
or the regulations, to conduct monitoring or testing, and to report
the results of that monitoring or testing under penalty of perjury.
The burden of the monitoring, testing, and reporting, including
costs, shall bear a reasonable relationship to the need for the
monitoring, testing, and reporting.
25290. (a) "Trade secrets," as used in this chapter, includes, but
is not limited to, any formula, plan, pattern, process, tool,
mechanism, compound, procedure, production data, or compilation of
information which is not patented, which is known only to certain
individuals within a commercial concern who are using it to
fabricate, produce, or compound an article of trade or a service
having commercial value, and which gives its user an opportunity to
obtain a business advantage over competitors who do not know or use
it.
(b) The board or a local agency may disclose trade secrets
received by the board or the local agency pursuant to this chapter to
authorized representatives or other governmental agencies only in
connection with the board's or local agency's responsibilities
pursuant to this chapter. The board and the local agency shall
establish procedures to ensure that these trade secrets are utilized
only in connection with these responsibilities and are not otherwise
disseminated without the consent of the person who provided the
information to the board or the local agency.
(c) Any person providing information pursuant to Section 25286
shall, at the time of its submission, identify all information which
the person believes is a trade secret. Any information or record not
identified as a trade secret is available to the public, unless
exempted from disclosure by other provisions of law.
(d) Where the local agency, by ordinance, provides an alternative
to the listing of a substance which is a trade secret, the person
storing that substance shall provide the identification of the
material directly to the board pursuant to this section.
25290.1. (a) Notwithstanding subdivision (o) of Section 25281, for
purposes of this section, "product tight" means impervious to the
liquid and vapor of the substance that is contained, or is to be
contained, so as to prevent the seepage of the substance from the
containment.
(b) Notwithstanding Sections 25290.2 and 25291, every underground
storage tank installed on or after July 1, 2004, shall meet the
requirements of this section.
(c) The underground storage tank shall be designed and constructed
to provide primary and secondary levels of containment of the
hazardous substances stored in it in accordance with the following
performance standards:
(1) Primary containment shall be constructed, operated, and
maintained product tight and compatible with the stored product.
(2) Secondary containment shall be constructed, operated, and
maintained product tight. The secondary containment shall also be
constructed, operated, and maintained in a manner to prevent
structural weakening as a result of contact with any hazardous
substances released from the primary containment, and also shall be
capable of storing the hazardous substances for the maximum
anticipated period of time necessary for the recovery of any released
hazardous substance.
(3) Secondary containment shall be constructed, operated, and
maintained to prevent any water intrusion into the system by
precipitation, infiltration, or surface runoff.
(4) In the case of an installation with one primary tank, the
secondary containment shall be large enough to contain at least 100
percent of the volume of the primary tank.
(5) In the case of multiple primary tanks, the secondary
containment shall be large enough to contain 150 percent of the
volume of the largest primary tank placed in it, or 10 percent of the
aggregate internal volume of all primary tanks, whichever is
greater.
(d) The underground tank system shall be designed and constructed
with a continuous monitoring system capable of detecting the entry of
the liquid- or vapor-phase of the hazardous substance stored in the
primary containment into the secondary containment and capable of
detecting water intrusion into the secondary containment.
(e) The interstitial space of the underground storage tank shall
be maintained under constant vacuum or pressure such that a breach in
the primary or secondary containment is detected before the liquid
or vapor phase of the hazardous substance stored in the underground
storage tank is released into the environment. The use of
interstitial liquid level measurement methods satisfies the
requirements of this subdivision.
(f) The underground storage tank shall be provided with equipment
to prevent spills and overfills from the primary tank.
(g) If different substances are stored in the same tank and in
combination may cause a fire or explosion, or the production of
flammable, toxic, or poisonous gas, or the deterioration of a primary
or secondary container, those substances shall be separated in both
the primary and secondary containment so as to avoid potential
intermixing.
(h) Underground pressurized piping that conveys a hazardous
substance shall be equipped with an automatic line leak detector.
(i) Before the underground storage tank is covered, enclosed, or
placed in use, the standard installation testing requirements for
underground storage systems specified in Section 2.4 of the Flammable
and Combustible Liquids Code, adopted by the National Fire
Protection Association (NFPA 30), as amended and published in the
respective edition of the Uniform Fire Code, shall be followed.
(j) Before the underground storage tank is placed in use, the
underground storage tank shall be tested after installation using one
of the following methods to demonstrate that the tank is product
tight:
(1) Enhanced leak detection.
(2) An inert gas pressure test that has been certified by a third
party and approved by the board.
(3) A test method deemed equivalent to enhanced leak detection or
an inert gas pressure test by the board in regulations adopted
pursuant to this chapter. An underground storage tank installed and
tested in accordance with this subdivision is exempt from the
requirements of Section 25292.5.
(k) Notwithstanding Section 25281.5, for any system installed to
meet the requirements of this section, those portions of vent lines,
vapor recovery lines, and fill pipes that are beneath the surface of
the ground are "pipe" as the term is defined in subdivision (m) of
Section 25281, and therefore part of the underground storage tank
system.
25290.1.1. (a) (1) On the effective date of the act adding this
section and for 179 days thereafter, a local agency shall only issue
a notice to comply pursuant to this section to an owner or operator
of an underground storage tank subject to Section 25290.1 that does
not maintain the vacuum or pressure that is required by subdivision
(e) of Section 25290.1, except as otherwise provided in this section.
(2) If the violation described in paragraph (1) occurs on or after
the 180th day from the effective date of the act adding this
chapter, the local agency may take any enforcement action authorized
by this chapter.
(b) A local agency shall issue the notice to comply alleging a
violation described in paragraph (1) of subdivision (a) by presenting
a notice to comply to the owner or operator in writing, which meets
all of the following requirements:
(1) The notice to comply shall be written in the course of
conducting an inspection by an authorized representative of the local
agency.
(2) A copy of the notice to comply shall be presented to a person
who is an owner, operator, employee, or representative of the
facility being inspected at the time that the notice to comply is
written.
(3) The notice to comply shall clearly state that a violation
described in paragraph (1) of subdivision (a) was discovered, a means
by which compliance may be achieved, and a time limit in which to
comply, which shall not exceed 60 days. The local agency may provide
a one-time extension of the time limit for compliance specified in
the notice, not to exceed an additional 60 days, if the local agency
determines that an extension is necessary to ensure compliance.
(4) The notice to comply shall contain a statement that the
inspected facility may be subject to reinspection at any time.
(c) (1) On or before five working days after the date the
violation described in paragraph (1) of subdivision (a) is corrected,
the person cited in the notice to comply or an authorized
representative of that person shall sign the notice to comply, shall
certify that the violation has been corrected, and shall return the
notice to the local agency.
(2) A false certification submitted pursuant to paragraph (1) that
the violation is corrected is punishable as a misdemeanor.
(3) The effective date of the certification that the violation has
been corrected shall be the date that the certification is
postmarked.
(d) Notwithstanding subdivision (a), if a person fails to correct
the violation within the prescribed period in the notice, the local
agency may take any enforcement action authorized by this chapter.
(e) This section does not do any of the following:
(1) Prevent the reinspection of a facility to ensure compliance.
(2) Prevent a local agency, on a case-by-case basis, from
requiring a person subject to a notice to comply to submit reasonable
and necessary documentation to support a claim of compliance by the
person.
(3) Restrict the power of a city attorney, district attorney,
county counsel, or the Attorney General to bring, in the name of the
people of California, any criminal proceeding otherwise authorized by
law.
(4) Prevent the local agency, state board, or regional board, from
cooperating with, or participating in, a proceeding specified in
paragraph (3).
(f) Notwithstanding subdivision (a), if the violation described in
paragraph (1) of subdivision (a) is intentional or occurs as the
result of gross negligence, the local agency may take any enforcement
action authorized by this chapter.
25290.1.2. (a) The board and the State Air Resources Board, under
the direction of the California Environmental Protection Agency,
shall certify to the best of their knowledge, that the equipment that
meets the requirements of Section 94011 of Title 17 of the
California Code of Regulations for enhanced vapor recovery systems at
gasoline dispensing facilities, as implemented by the State Air
Resources Board, also meets the requirements of this chapter. The
board and the State Air Resources Board shall make this certification
collaboratively, using existing resources.
(b) The board and the State Air Resources Board, under the
direction of the California Environmental Protection Agency, when
making the certification specified in subdivision (a), shall consult
with interested parties, including local implementing agencies,
underground storage tank system owners and operators, equipment
manufacturers, underground storage tank system installers, and
environmental organizations.
(c) The board and the State Air Resources Board shall post the
certification and any supporting documentation on their Web sites.
(d) This section shall be implemented by the executive directors
of the board and of the State Air Resources Board, or by their
designees.
25290.2. (a) Notwithstanding subdivision (o) of Section 25281, for
purposes of this section, "product tight" means impervious to the
liquid and vapor of the substance that is contained, or is to be
contained, so as to prevent the seepage of the substance from the
containment.
(b) Notwithstanding Section 25291, every underground storage tank
installed on or after July 1, 2003, and before July 1, 2004, shall
meet the requirements of this section.
(c) The underground storage tank shall be designed and constructed
to provide primary and secondary levels of containment of the
hazardous substances stored in it in accordance with the following
performance standards:
(1) Primary containment shall be product tight and compatible with
stored product.
(2) Secondary containment shall be product tight and constructed
to prevent struct
