California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 16 - Underground Tank Regulations › Article 7 - Underground Storage Tank Closure Requirements › Section 2670 - General Applicability of Article

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  This article defines temporary and permanent underground storage tank closure
				  and describes the nature of activities which shall be accomplished in order to
				  protect water quality in each of these situations.
(b) The temporary closure requirements of
				  section 2671 shall apply to those
				  underground storage tanks in which the storage of hazardous substances has
				  ceased but the underground storage tank will again be used for the storage of
				  hazardous substances within the next 12 consecutive months. At the end of 12
				  consecutive months during which the tank is temporarily closed, the local
				  agency may approve an extension of the temporary closure period for a maximum
				  additional period of up to 12 months. Owners and operators shall complete a
				  site assessment in accordance with section
				  2672(d) before an
				  extension may be granted by the local agency. The temporary closure
				  requirements of section
				  2671 do not apply to underground
				  storage tanks that are empty as a result of the withdrawal of all stored
				  substances during normal operating practice prior to the planned input of
				  additional hazardous substances.
(c) The permanent closure requirements of
				  section 2672 shall apply to those
				  underground storage tanks in which the storage of hazardous substances has
				  ceased and the tanks will not be used, or are not intended for use, for the
				  storage of hazardous substances within the next 12 consecutive
				  months.
(d) The requirements of
				  this article do not apply to those underground storage tanks in which hazardous
				  substances continue to be stored but no input or withdrawals are being made. In
				  these cases, the applicable containment and monitoring requirements of Articles
				  3 or 4 shall continue to apply.
(e)
				  During the period of time between cessation of hazardous substance storage and
				  actual completion of underground storage tank closure pursuant to section
				  2671 or
				  2672, the applicable containment
				  and monitoring requirements of Articles 3 or 4 shall continue to apply. The
				  time period between cessation of hazardous substance storage and application
				  for temporary or permanent tank closure shall not exceed 90 calendar days.
				  Closure shall be completed within a reasonable time period as determined by the
				  local agency.
(f) At least 30
				  calendar days prior to closure, or within a shorter period of time approved by
				  the local agency, the owner or operator who intends to close a tank shall
				  submit to the local agency for approval, a proposal for compliance with section
				  2671 or
				  2672, as appropriate.
(g) Underground storage tanks that have had
				  an unauthorized release do not qualify for temporary closure pursuant to
				  section 2671 until the owner or operator
				  demonstrates to the satisfaction of the local agency that appropriate
				  authorized repairs have been made which make the underground storage tank
				  capable of storing hazardous substances in accordance with the permit issued by
				  the local agency.
(h) Underground
				  storage tanks that have emitted an unauthorized release and that cannot be
				  repaired by authorized methods shall be permanently closed pursuant to
				  requirements of section
				  2672.
(i) Decommissioned tanks and underground
				  storage tanks, permanently closed on-site by cleaning and filling with an inert
				  solid prior to January 1, 1984, need not comply with the closure requirements
				  in this section unless required by the local agency. However, hazardous
				  substances released from such tanks before or after the closure, shall be
				  reported by the owner pursuant to Article 5 and shall be cleaned up pursuant to
				  section
				  13304 of the
				  Water Code, Article 11 of these regulations, and any other applicable law or
				  regulations.
(j) A regulated tank
				  shall be subject to the requirements of subsections (d) and (e) of section
				  2672 before the local agency may
				  grant exempt status to the tank.
1. Amendment
					 filed 8-9-91 as an emergency; operative 8-9-91. Text remains in effect
					 uninterrupted pursuant to Health and Safety Code section
					 25299.7
					 (Register 92, No. 14).
2. Editorial correction of printing errors in
					 HISTORY 1 (Register 92, No. 43).
3. Amendment of article heading,
					 section heading, text and NOTE filed 4-5-94; operative 5-5-94 (Register 94, No.
					 14).
Note: Authority cited: Sections
						25299.3
						and
						25299.7,
						Health and Safety Code. Reference: Section
						25298,
						Health and Safety Code; 40
						CFR 280.70,
						280.71,
						280.73 and
						280.74.