reglab/housing_qa huggingface dataset:
CA Health & Safety Code § 25287 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.7 - Underground Storage of Hazardous Substances|Section 25287.

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. (Amended by Stats. 1995, Ch. 639, Sec. 57. Effective January 1, 1996.)
CA Health & Safety Code § 25288 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.7 - Underground Storage of Hazardous Substances|Section 25288.

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. (Amended by Stats. 2003, Ch. 42, Sec. 5. Effective July 7, 2003.)
CA Health & Safety Code § 25289 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.7 - Underground Storage of Hazardous Substances|Section 25289.

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. (Amended by Stats. 1996, Ch. 611, Sec. 2. Effective January 1, 1997.)
CA Health & Safety Code § 25290 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.7 - Underground Storage of Hazardous Substances|Section 25290.

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. (Added by renumbering Section 25283.6 by Stats. 1984, Ch. 1038, Sec. 11.)
CA Health & Safety Code § 25290.1.2 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.7 - Underground Storage of Hazardous Substances|Section 25290.1.2.

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. (Added by Stats. 2004, Ch. 649, Sec. 3. Effective September 21, 2004.)
CA Health & Safety Code § 25292.05 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.7 - Underground Storage of Hazardous Substances|Section 25292.05.

25292.05.  (a) On or before December 31, 2025, the owner or operator of an underground storage tank shall permanently close that underground storage tank in accordance with Section 25298 and the regulations adopted pursuant to that section, if the underground storage tank meets either of the following conditions:(1) The underground storage tank is designed and constructed in accordance with paragraph (7) of subdivision (a) of Section 25291 and does not meet the requirements of paragraphs (1) to (6), inclusive, of subdivision (a) of Section 25291.(2) The underground storage tank was installed on or before January 1, 1984, and does not meet the requirements of paragraphs (1) to (6), inclusive, of subdivision (a) of Section 25291.(b) Notwithstanding subdivision (a), the board may adopt regulations to require the owner or operator of an underground storage tank to permanently close that underground storage tank before December 31, 2025, in accordance with Section 25298 and the regulations adopted pursuant to that section, if the underground storage tank meets the conditions specified in either paragraph (1) or (2) of subdivision (a) and the underground storage tank poses a high threat to water quality or public health. The board shall consult with stakeholders before adopting regulations pursuant to this subdivision.(Added by Stats. 2014, Ch. 547, Sec. 1. (SB 445) Effective September 25, 2014.)
CA Health & Safety Code § 25292.1 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.7 - Underground Storage of Hazardous Substances|Section 25292.1.

25292.1.  All underground tank systems shall meet the following operational requirements:(a)  The underground tank system shall be operated to prevent unauthorized releases, including spills and overfills, during the operating life of the tank, including during gauging, sampling, and testing for the integrity of the tank. (b)  Where equipped with cathodic protection, the underground tank system shall be operated by a person with sufficient training and experience in preventing corrosion. (c)  The underground tank system shall be structurally sound at the time of upgrade or repair. (Amended by Stats. 1991, Ch. 1138, Sec. 2.)
CA Health & Safety Code § 25292.2 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.7 - Underground Storage of Hazardous Substances|Section 25292.2.

25292.2.  (a)  All owners and operators of an underground tank system shall maintain evidence of financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by a release from the underground tank system, in accordance with regulations adopted by the board pursuant to Section 25299.3. The regulations shall include a schedule that requires that financial responsibility requirements are phased-in for all underground storage tank systems on or before October 26, 1990. (b)  If the owner and the operator are separate persons, either the owner or the operator shall demonstrate compliance with subdivision (a). (c)  An owner may comply with this article by entering into an agreement with the operator of the tank requiring the operator to demonstrate compliance with subdivision (a). However, both the owner and the operator are in violation of subdivision (a) if evidence of financial responsibility is not established and maintained in accordance with this article. (Added by Stats. 1989, Ch. 1397, Sec. 14.)
CA Health & Safety Code § 25292.4 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.7 - Underground Storage of Hazardous Substances|Section 25292.4.

25292.4.  (a)  On and after November 1, 2000, an owner or operator of an underground storage tank system with a single-walled component that is located within 1,000 feet of a public drinking water well, as identified pursuant to the state GIS mapping database, shall implement a program of enhanced leak detection or monitoring, in accordance with the regulations adopted by the board pursuant to subdivision (c). (b)  The board shall notify the owner and operator of each underground storage tank system that is located within 1,000 feet of a public drinking water well, as identified pursuant to the state GIS mapping database, of the owner’s and operator’s responsibilities pursuant to this section. The board shall provide each local agency with a list of tank systems within the local agency’s jurisdiction that are located within 1,000 feet of a public drinking water well, as identified pursuant to the state GIS mapping database. (c)  The board shall adopt regulations to implement the enhanced leak detection and monitoring program required by subdivision (a). Before adopting these regulations, the board shall consult with the petroleum industry, local governments, environmental groups, and other interested parties to assess the appropriate technology and procedures to implement the enhanced leak detection and monitoring program required by subdivision (a). In adopting these regulations, the board shall consider existing leak detection technology and external monitoring techniques or procedures for underground storage tanks. (d)  If the results of the enhanced leak detection test indicate that any component of the underground storage 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. (Amended by Stats. 2002, Ch. 999, Sec. 21. Effective January 1, 2003.)
CA Health & Safety Code § 25292.5 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.7 - Underground Storage of Hazardous Substances|Section 25292.5.

25292.5.  (a)  On or before January 1, 2005, the owner or operator of an underground storage tank system that is located within 1,000 feet of a public drinking water well, as identified pursuant to the state GIS mapping database, and that is not otherwise subject to subdivision (j) of Section 25290.1, subdivision (i) of Section 25290.2, or Section 25292.4, shall test the system once using an enhanced leak detection test. The enhanced leak detection test shall meet the requirements of subsection (e) of Section 2640 of, and Section 2644.1 of, Title 23 of the California Code of Regulations, as those regulations read on January 1, 2003, except that the requirement in those regulations to repeat the test every 36 months shall not apply. (b)  On or before June 1, 2003, the board shall notify the owner and operator of each underground storage tank system that is located within 1,000 feet of a public drinking water well, as identified pursuant to the state GIS mapping database, of the owner’s and operators’ responsibilities pursuant to this section. The board shall provide each local agency with a list of tank systems within the local agency’s jurisdiction that are within 1,000 feet of a public drinking water well, as identified pursuant to the state GIS mapping database. (c)  Notwithstanding subdivision (a), if the results of the enhanced leak detection test indicate that any component of the underground storage 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. (Amended by Stats. 2003, Ch. 42, Sec. 9. Effective July 7, 2003.)
CA Health & Safety Code § 25293 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.7 - Underground Storage of Hazardous Substances|Section 25293.

25293.  The owner or operator of the underground tank system shall monitor the tank system using the method specified on the permit for the tank system. Records of monitoring, testing, repairing, and closure shall be kept in sufficient detail to enable the local agency to determine whether the underground tank system is in compliance with the applicable provisions of this chapter, the regulations adopted by the board pursuant to Section 25299.3, and the permit issued for the operation of the tank system.(Amended by Stats. 2003, Ch. 42, Sec. 10. Effective July 7, 2003.)
CA Health & Safety Code § 25294 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.7 - Underground Storage of Hazardous Substances|Section 25294.

25294.  Any unauthorized release from the primary containment which the operator is able to clean up within eight hours after the release was detected or should reasonably have been detected, and which does not escape from the secondary containment, does not increase the hazard of fire or explosion, and does not cause any deterioration of the secondary containment of the underground storage tank, shall be recorded on the operator’s monitoring reports.(Added by renumbering Section 25284.3 by Stats. 1984, Ch. 1038, Sec. 15.)
CA Health & Safety Code § 25295.5 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.7 - Underground Storage of Hazardous Substances|Section 25295.5.

25295.5.  (a)  For purposes of this chapter, an unauthorized release includes, but is not limited to, a spill or overfill of a hazardous substance that meets both of the following conditions: (1)  The spill or overfill occurs while the hazardous substance is being placed in an underground storage tank. (2)  The spill or overfill is due to the use of improper equipment, faulty equipment, operator error, or inattention or overfilling. (b)  A person who causes an unauthorized release of a hazardous substance specified in subdivision (a) shall immediately notify the owner or operator of the underground storage tank that a spill has occurred and the owner or operator shall comply with the requirements of Sections 25294 or 25295, whichever is applicable. (c)  A spill or overfill shall not qualify for funds provided pursuant to Section 25299.51. (Amended by Stats. 2003, Ch. 42, Sec. 12. Effective July 7, 2003.)
CA Health & Safety Code § 25296.09 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.7 - Underground Storage of Hazardous Substances|Section 25296.09.

25296.09.  (a)  (1)  If the board enters into an agreement with a local agency and the Santa Clara Valley Water District pursuant to subdivision (j) of Section 25297.1, the Santa Clara Valley Water District shall have the same authority and responsibility as a local agency for purposes of Sections 25296.10 to 25297.2, inclusive, and for purposes of Sections 25299.36, 25299.38, 25299.39.2, 25299.39.3, 25299.51, 25299.53, and 25299.57. (2)  Paragraph (1) shall remain operative only until June 30, 2005. (3)  The inoperation of paragraph (1) does not affect the validity of any action taken by the Santa Clara Valley Water District before June 30, 2005, and does not provide a defense for an owner, operator, or other responsible party who fails to comply with that action. (4)  Nothing in this section implies that the Santa Clara Valley Water District has CUPA authority other than authority for the local oversight program in accordance with paragraph (1). (b)  (1)  The Legislature hereby finds and declares that, beginning in 1988, and continuing each year since that date, the Santa Clara Valley Water District has had a role in implementing the requirements of the provisions listed in subdivision (a). (2)  The Legislature hereby finds and declares that the funding provided by the state to the Santa Clara Valley Water District for the work described in paragraph (1) is hereby ratified. (c)  (1)  Any action taken by the Santa Clara Valley Water District that a local agency is otherwise authorized to take pursuant to Sections 25296.10 to 25297.2, inclusive, and Sections 25299.36, 25299.38, 25299.39.2, 25299.39.3, 25299.51, 25299.53, and 25299.57, and that was taken by the Santa Clara Valley Water District on and after January 1, 1988, and continuing on and before January 1, 2005, or until the effective date of an agreement entered into pursuant to subdivision (j) of Section 25297.1, whichever date occurs first, is hereby ratified as having been taken pursuant to this chapter and Chapter 6.75 (commencing with Section 25299.10). However, this ratification applies only to an action that would be valid only if an agreement pursuant to subdivision (j) of Section 25297.1 had been in effect at the time of the action and that otherwise complies with applicable law. (2)  This subdivision does not apply to any action taken by the Santa Clara Valley Water District that is the subject of a civil action pending on June 12, 2003. (Amended by Stats. 2004, Ch. 89, Sec. 1. Effective July 1, 2004.)