reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.67 - Aboveground Storage of Petroleum › Section 25270.4.1.

25270.4.1. (a) The office shall adopt regulations implementing this chapter. The office shall also provide interpretation of this chapter to the UPAs, and oversee the implementation of this chapter by the UPAs.
(b) The office shall establish an advisory committee that includes representatives from regulated entities, appropriate trade associations, fire service organizations, federal, state, and local organizations, including UPAs, and other interested parties. The advisory committee shall act in an advisory capacity to the office in conducting its responsibilities.
(c) The office shall, in addition to any other requirements imposed pursuant to this chapter, train UPAs, ensure consistency with state law, to the maximum extent feasible, ensure consistency with federal enforcement guidance issued by federal agencies pursuant to subdivision (d), and support the UPAs in providing outreach to regulated persons regarding compliance with current local, state, and federal regulations relevant to the office’s obligations under this chapter.
(d) Any regulation adopted by the office pursuant to this section shall ensure consistency with the requirements for spill prevention, control, and countermeasure plans under Part 112 (commencing with Section 112.1) of Subchapter D of Chapter I of Title 40 of the Code of Federal Regulations, and shall include any more stringent requirements necessary to implement this chapter.
(Amended by Stats. 2015, Ch. 452, Sec. 4. (SB 612) Effective January 1, 2016.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.67 - Aboveground Storage of Petroleum › Section 25270.5.

25270.5. (a) Except as provided in subdivision (b), at least once every three years, the UPA shall inspect each storage tank or a representative sampling of the storage tanks at each tank facility that has a storage capacity of 10,000 gallons or more of petroleum. The purpose of the inspection shall be to determine whether the owner or operator is in compliance with the spill prevention control and countermeasure plan requirements of this chapter.
(b) The UPA may develop an alternative inspection and compliance plan, subject to approval by the secretary and the office.
(c) An inspection conducted pursuant to this section does not require the oversight of a professional engineer. The person conducting the inspection shall complete and pass the initial aboveground storage tank inspector training program. The curriculum of the aboveground storage tank inspector training program shall focus on the spill prevention control and countermeasure plan provisions and safety requirements for aboveground storage tank inspections.
(Amended by Stats. 2015, Ch. 452, Sec. 6. (SB 612) Effective January 1, 2016.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.67 - Aboveground Storage of Petroleum › Section 25270.6.

25270.6. (a) (1) On or before January 1, annually, each owner or operator of a tank facility subject to this chapter shall file with the statewide information management system, a tank facility statement that shall identify the name and address of the tank facility, a contact person for the tank facility, the total petroleum storage capacity of the tank facility, and the location and contents of each petroleum storage tank that exceeds 10,000 gallons in storage capacity. A copy of a statement submitted previously pursuant to this section may be submitted in lieu of a new tank facility statement if no new or used storage tanks have been added to the facility or if no significant modifications have been made. For purposes of this section, a significant modification includes, but is not limited to, altering existing storage tanks or changing spill prevention or containment methods.
(2) Notwithstanding paragraph (1), an owner or operator of a tank facility that submits a business plan, as defined in subdivision (d) of Section 25501, to the statewide information management system and that complies with Sections 25503, 25505, 25505.1, 25507, 25507.2, 25508, 25508.1, and 25508.2, satisfies the requirement in paragraph (1) to file a tank facility statement.
(b) Each owner or operator of a tank facility who is subject to the requirements of subdivision (a) shall annually pay a fee to the UPA, on or before a date specified by the UPA. The governing body of the UPA shall establish a fee, as part of the single fee system implemented pursuant to Section 25404.5, at a level sufficient to pay the necessary and reasonable costs incurred by the UPA in administering this chapter, including, but not limited to, inspections, enforcement, and administrative costs. The UPA shall also implement the fee accountability program established pursuant to subdivision (c) of Section 25404.5 and the regulations adopted to implement that program.
(Amended by Stats. 2023, Ch. 207, Sec. 5. (AB 1716) Effective January 1, 2024.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.67 - Aboveground Storage of Petroleum › Section 25270.8.

25270.8. Each owner or operator of a tank facility shall immediately, upon discovery, notify the Office of Emergency Services and the UPA using the appropriate 24-hour emergency number or the 911 number, as established by the UPA, or by the governing body of the UPA, of the occurrence of a spill or other release of one barrel (42 gallons) or more of petroleum that is required to be reported pursuant to subdivision (a) of Section 13272 of the Water Code.
(Amended by Stats. 2013, Ch. 352, Sec. 350. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.67 - Aboveground Storage of Petroleum › Section 25270.9.

25270.9. (a) The board and the regional board may oversee cleanup or abatement efforts, or cause cleanup or abatement efforts, of a release from a storage tank at a tank facility.
(b) The reasonable expenses of the board and the regional board incurred in overseeing, or contracting for, cleanup or abatement efforts that result from a release at a tank facility is a charge against the owner or operator of the tank facility. Expenses reimbursable to a public agency under this section are a debt of the tank facility owner or operator, and shall be collected in the same manner as in the case of an obligation under a contract, express or implied.
(c) Expenses recovered by the board or a regional board pursuant to this section shall be deposited into the Waste Discharge Permit Fund. These moneys shall be separately accounted for, and shall be expended by the board, upon appropriation by the Legislature, to assist regional boards and other public agencies with authority to clean up waste or abate the effects of the waste, in cleaning up or abating the effects of the waste on waters of the state, or for the purposes authorized in Section 13443 of the Water Code.
(Amended by Stats. 2015, Ch. 452, Sec. 8. (SB 612) Effective January 1, 2016.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.67 - Aboveground Storage of Petroleum › Section 25270.12.

25270.12. (a) An owner or operator of a tank facility who fails to prepare a spill prevention control and countermeasure plan in compliance with subdivision (a) of Section 25270.4.5, to file a tank facility statement pursuant to subdivision (a) of Section 25270.6, to submit the fee required by subdivision (b) of Section 25270.6, or to report spills as required by Section 25270.8, or who otherwise fails to comply with the requirements of this chapter, is subject to a civil penalty of not more than five thousand dollars ($5,000) for each day on which the violation continues. If the owner or operator commits a second or subsequent violation, a civil penalty of not more than ten thousand dollars ($10,000) for each day on which the violation continues may be imposed.
(b) (1) The civil penalties provided by this section may be assessed and recovered in a civil action brought by the city attorney, county counsel, or district attorney on behalf of the UPA.
(2) Fifty percent of all penalties assessed and recovered in a civil action brought on behalf of a UPA pursuant to this subdivision shall be deposited into a unified program account established by the UPA for the purpose of carrying out the functions of the unified program and 50 percent shall be paid to the office of the city attorney, county counsel, or district attorney, whoever brought that action.
(c) (1) The civil penalties provided in this section may be assessed and recovered in a civil action brought by the Attorney General on behalf of the office, the board, or a regional board, or on behalf of the people of the State of California.
(2) All penalties assessed and recovered in a civil action brought pursuant to this subdivision shall be deposited in the Waste Discharge Permit Fund created pursuant to Section 13260 of the Water Code. These moneys shall be separately accounted for, and shall be expended by the board, upon appropriation by the Legislature, to assist regional boards and other public agencies with authority to clean up waste or abate the effects of the waste, in cleaning up or abating the effects of the waste on waters of the state, or for the same purposes for which the State Water Pollution Cleanup and Abatement Account may be expended pursuant to Section 13443 of the Water Code.
(d) The city attorney, county counsel, district attorney, or the Attorney General may seek to enjoin, in any court of competent jurisdiction, any person believed to be in violation of this chapter.
(e) If a county counsel or the district attorney brings an action pursuant to this section, the county counsel or the district attorney shall, within seven days of the filing of the action, notify the district attorney or county counsel, as applicable, of the county in which the violation occurs or occurred.
(f) The penalties specified in this section are in addition to any other penalties provided by law.
(Amended by Stats. 2023, Ch. 154, Sec. 6. (SB 642) Effective January 1, 2024.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.67 - Aboveground Storage of Petroleum › Section 25270.12.1.

25270.12.1. (a) Any owner or operator of a tank facility who fails to prepare a spill prevention control and countermeasure plan in compliance with subdivision (a) of Section 25270.4.5, to file a tank facility statement pursuant to subdivision (a) of Section 25270.6, to submit the fee required by subdivision (b) of Section 25270.6, or to report spills as required by Section 25270.8, or who otherwise fails to comply with the requirements of this chapter is liable to the UPA for an administrative penalty of not more than five thousand dollars ($5,000) for each day on which the violation continues. If the owner or operator commits a second or subsequent violation, an administrative penalty of not more than ten thousand dollars ($10,000) for each day on which the violation continues may be imposed.
(b) The administrative penalties assessed by a UPA shall be deposited into a unified program account established by the UPA for the purpose of carrying out the functions of the unified program.
(c) When a UPA issues an enforcement order or assesses an administrative penalty, or both, for a violation of this chapter, the administering agency shall utilize the administrative enforcement procedures specified in Sections 25404.1.1 and 25404.1.2.
(d) The administrative penalties specified in this section are in addition to any other penalties provided by law, except for a violation for which a civil penalty under Section 25270.12 has already been imposed for the same violation.
(Amended by Stats. 2023, Ch. 207, Sec. 6. (AB 1716) Effective January 1, 2024.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.67 - Aboveground Storage of Petroleum › Section 25270.12.5.

25270.12.5. (a) A person who knowingly violates Section 25270.4.5, 25270.6, or 25270.8 after reasonable notice of the violation is, upon conviction, guilty of a misdemeanor.
(b) This section does not preempt any other applicable criminal or civil penalties.
(Added by Stats. 2012, Ch. 532, Sec. 6. (AB 1566) Effective January 1, 2013.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.67 - Aboveground Storage of Petroleum › Section 25270.13.

25270.13. (a) This chapter does not preempt local storage tank ordinances, in effect as of August 16, 1989, that meet or exceed the standards prescribed by this chapter.
(b) This chapter does not preempt the authority granted to the board and the regional boards under the Porter Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the Water Code).
(Amended by Stats. 2007, Ch. 626, Sec. 20. Effective January 1, 2008.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.7 - Underground Storage of Hazardous Substances › Section 25280.

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.
(Amended by Stats. 1992, Ch. 654, Sec. 1. Effective September 14, 1992.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.7 - Underground Storage of Hazardous Substances › Section 25280.5.

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.
(Added by Stats. 1989, Ch. 1397, Sec. 2.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.7 - Underground Storage of Hazardous Substances › Section 25280.6.

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.
(Added by Stats. 2003, Ch. 42, Sec. 3. Effective July 7, 2003.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.7 - Underground Storage of Hazardous Substances › Section 25281.6.

25281.6. (a) A tank located in a below-grade structure and connected to an emergency 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 a visual inspection of the tank each time the emergency 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 less than 1,320 gallons of diesel fuel.
(b) Nothing in this section excludes an emergency 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 tank systems.
(Amended by Stats. 2023, Ch. 207, Sec. 8. (AB 1716) Effective January 1, 2024.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.7 - Underground Storage of Hazardous Substances › Section 25282.

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.
(Added by renumbering Section 25281 by Stats. 1984, Ch. 1038, Sec. 3.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.7 - Underground Storage of Hazardous Substances › Section 25283.

25283. (a) This chapter shall be implemented by the board, by the regional board, and by the local agency, as defined in subdivision (b), pursuant to the regulations adopted by the board.
(b) For purposes of this chapter, “local agency” means the following:
(1) (A) A local agency means the unified program agency for purposes of implementing the unified program, as specified in paragraph (3) of subdivision (c) of Section 25404, including the requirements of this chapter and the requirements of any underground storage tank ordinance adopted by a city or county.
(B) Consistent with paragraph (3) of subdivision (c) of Section 25404, for purposes of this chapter, a unified program agency does not implement those responsibilities assigned to the state board pursuant to Section 25297.1 or the corrective action requirements of Sections 25296.10 to 25296.40, inclusive.
(2) Before July 1, 2013, a local agency means a city or county for purposes of implementing the corrective action requirements of all of the following:
(A) Sections 25296.10 to 25296.40, inclusive.
(B) Sections 25296.09, 25297, 25297.2, and 25298.5.
(C) Sections 25299 to 25299.3, inclusive, with regard to implementing those corrective action requirements.
(D) Any other provision of this chapter that relates to implementing a corrective action.
(3) On and after July 1, 2013, a local agency means a city or county that is certified by the board to implement the local oversight program pursuant to Section 25297.01 for purposes of implementing the corrective action requirements of all of the following:
(A) Sections 25296.10 to 25296.40, inclusive.
(B) Sections 25296.09, 25297, 25297.2, and 25298.5.
(C) Sections 25299 to 25299.3, inclusive, with regard to implementing those corrective action requirements.
(D) Any other provision of this chapter that relates to implementing a corrective action.
(Repealed and added by Stats. 2012, Ch. 536, Sec. 3. (AB 1701) Effective January 1, 2013.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.7 - Underground Storage of Hazardous Substances › Section 25283.1.

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.
(Amended by Stats. 2006, Ch. 538, Sec. 385. Effective January 1, 2007.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.7 - Underground Storage of Hazardous Substances › Section 25283.5.

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.
(Amended by Stats. 2010, Ch. 535, Sec. 4. (AB 1674) Effective January 1, 2011.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.7 - Underground Storage of Hazardous Substances › Section 25284.

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.
(Amended by Stats. 2002, Ch. 999, Sec. 13. Effective January 1, 2003.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.7 - Underground Storage of Hazardous Substances › Section 25284.2.

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.
(Added by Stats. 2002, Ch. 999, Sec. 15. Effective January 1, 2003.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.7 - Underground Storage of Hazardous Substances › Section 25285.

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 to either of the following:
(1) A person operating an underground storage tank while a red tag is affixed pursuant to Section 25292.3.
(2) (A) Except as provided in subparagraph (B), a facility while that facility is subject to an enforcement action seeking to impose administrative liability, civil liability, or criminal liability, pursuant to this chapter or any regulation implementing this chapter, unless the underlying violation or violations that are the subject of that enforcement action have been corrected or otherwise resolved to the satisfaction of the local agency.
(B) A local agency may, but is not required to, issue a permit or renew a permit for a facility, after consultation with the board, while that facility is subject to an enforcement action, as described in subparagraph (A), if the facility is appealing, petitioning, or otherwise seeking reconsideration of the enforcement action.
(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.
(Amended by Stats. 2018, Ch. 721, Sec. 6. (AB 2902) Effective January 1, 2019.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.7 - Underground Storage of Hazardous Substances › Section 25285.1.

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.
(Added by Stats. 1989, Ch. 1442, Sec. 3. Effective October 2, 1989.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)