reglab/statecodes huggingface dataset:
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 11 - CORRECTIVE ACTION REQUIREMENTS › Section 2725 - Soil and Water Investigation Phase

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Soil and Water Investigation Phase includes the collection and analysis of data
				  necessary to assess the nature and vertical and lateral extent of the
				  unauthorized release and to determine a cost-effective method of
				  cleanup.
(b) Using information
				  obtained during the investigation, the responsible party shall propose a
				  Corrective Action Plan. The Corrective Action Plan shall consist of those
				  activities determined to be cost-effective.
(c) The responsible party shall submit the
				  Corrective Action Plan through GeoTracker to the regulatory agency for review
				  and concurrence. The regulatory agency shall concur with the Corrective Action
				  Plan after determining that implementation of the plan will adequately protect
				  human health, safety and the environment and will restore or protect current or
				  potential beneficial uses of water. The responsible party shall modify the
				  Corrective Action Plan in response to a final regulatory agency
				  directive.
(d) The Corrective
				  Action Plan shall include the following elements:
(1) An assessment of the impacts listed in
				  subdivision (e) of this Section;
(2) A feasibility study, in accordance with
				  subdivision (f) of this Section; and
(3) Applicable cleanup levels, in accordance
				  with subdivision (g) of this Section.
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 11 - CORRECTIVE ACTION REQUIREMENTS › Section 2726 - Corrective Action Plan Implementation Phase

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Corrective Action Plan Implementation Phase consists of carrying out the
				  cost-effective alternative selected during the Soil and Water Investigation
				  Phase for remediation or mitigation of the actual or potential adverse effects
				  of the unauthorized release.
(b)
				  Upon concurrence with the Corrective Action Plan or as directed by the
				  regulatory agency, the responsible party shall implement the Corrective Action
				  Plan. The responsible party shall monitor, evaluate, and submit the results of
				  implementation of the Corrective Action Plan through GeoTracker on a schedule
				  agreed to by the regulatory agency.
(c) In the interest of minimizing
				  environmental contamination and promoting prompt cleanup, the responsible party
				  may begin cleanup of soil and water after the Corrective Action Plan has been
				  submitted through GeoTracker and before it has received agency concurrence.
				  Implementation of the Corrective Action Plan may begin sixty (60) calendar days
				  after submittal, unless the responsible party is otherwise directed in writing
				  by the regulatory agency. Before beginning this cleanup, the responsible party
				  shall:
(1) Notify the regulatory agency of
				  its intention to begin cleanup; and
(2) Comply with any conditions set by the
				  regulatory agency, including mitigation of adverse consequences from cleanup
				  activities.
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 11 - CORRECTIVE ACTION REQUIREMENTS › Section 2727 - Verification Monitoring Phase

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Verification Monitoring Phase includes all activities required to verify
				  implementation of the Corrective Action Plan and evaluate its
				  effectiveness.
(b) The responsible
				  party shall verify completion of the Corrective Action Plan through sampling or
				  other monitoring of soil and/or water for such period of time and intervals
				  agreed to by the regulatory agency. Using the monitoring results obtained
				  pursuant to this Section and any other relevant data obtained pursuant to this
				  Article, the responsible party shall evaluate the effectiveness of the site
				  work.
(c) The responsible party
				  shall submit monitoring data and an evaluation of the results of such
				  monitoring through GeoTracker on a schedule and for a duration agreed to by the
				  regulatory agency.
1. New
					 section filed 12-2-91 as an emergency; operative 12-2-91. Text remains in
					 effect uninterrupted pursuant to Health and Safety Code section
					 25299.77
					 (Register 92, No. 9).
2. Editorial correction of printing errors in
					 HISTORY 1. (Register 92, No. 43).
3. Amendment of subsection (c) and
					 amendment of NOTE filed 10-13-2016; operative 1-1-2017 (Register 2016, No.
					 42).
Note: Authority cited: Sections
						25299.3
						and
						25299.77,
						Health and Safety Code. Reference: Sections
						25296.35
						and
						25299.37,
						Health and Safety Code; and 40 CFR 280.65.
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 11 - CORRECTIVE ACTION REQUIREMENTS › Section 2728 - Public Participation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For
				  each confirmed unauthorized release that requires a Corrective Action Plan, the
				  regulatory agency shall inform the public of the proposed activities contained
				  in the Corrective Action Plan. This notice shall include at least one of the
				  following:
(1) publication in a regulatory
				  agency meeting agenda;
(2) public
				  notice posted in a regulatory agency office;
(3) public notice in a local
				  newspaper;
(4) block
				  advertisements;
(5) a public
				  service announcement;
(6) letters
				  to individual households; or
(7)
				  personal contacts with the affected parties by regulatory agency
				  staff.
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 12 - ELECTRONIC SUBMISSION OF LABORATORY DATA FOR UST REPORTS › Section 2729 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 article 12 (sections
					 2729-2729.1) and section filed
					 5-30-2001 as an emergency; operative 9-1-2001 (Register 2001, No. 22). Pursuant
					 to Water Code section
					 13197.5, a
					 Certificate of Compliance must be transmitted to OAL by 9-1-2002 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. New article 12 (sections
					 2729-2729.1) and section refiled
					 with amendment of NOTE 8-23-2002 as an emergency; operative 9-1-2002 (Register
					 2002, No. 34). A Certificate of Compliance must be transmitted to OAL by
					 12-30-2002 or emergency language will be repealed by operation of law on the
					 following day.
3. New article 12 (sections
					 2729-2729.1) and section refiled
					 12-31-2002 as an emergency; operative 12-31-2002 (Register 2003, No. 1). A
					 Certificate of Compliance must be transmitted to OAL by 4-30-2003 or emergency
					 language will be repealed by operation of law on the following
					 day.
4. New article 12 (sections
					 2729-2729.1) and section refiled
					 4-28-2003 as an emergency; operative 5-1-2003 (Register 2003, No. 18). A
					 Certificate of Compliance must be transmitted to OAL by 8-29-2003 or emergency
					 language will be repealed by operation of law on the following
					 day.
5. New article 12 (sections
					 2729-2729.1) and section refiled
					 8-26-2003 as an emergency; operative 8-30-2003 (Register 2003, No. 35). A
					 Certificate of Compliance must be transmitted to OAL by 12-29-2003 or emergency
					 language will be repealed by operation of law on the following
					 day.
6. Repealer of article 12 (sections
					 2729-2729.1) and section by
					 operation of Government Code section
					 11346.1(g)
					 (Register 2004, No. 33).
Note: Authority cited: Section
						13197.5, Water
						Code; and Section
						25299.3,
						Health and Safety Code. Reference: Sections
						13195(b)
						and
						13198, Water
						Code.
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 12 - ELECTRONIC SUBMISSION OF LABORATORY DATA FOR UST REPORTS › Section 2729.1 - Electronic Submission of Laboratory Reports

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 5-30-2001 as an emergency; operative 9-1-2001 (Register 2001, No.
					 22). Pursuant to Water Code section
					 13197.5, a
					 Certificate of Compliance must be transmitted to OAL by 9-1-2002 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. New section refiled with amendment of NOTE 8-23-2002 as an
					 emergency; operative 9-1-2002 (Register 2002, No. 34). A Certificate of
					 Compliance must be transmitted to OAL by 12-30-2002 or emergency language will
					 be repealed by operation of law on the following day.
3. New section
					 refiled 12-31-2002 as an emergency; operative 12-31-2002 (Register 2003, No.
					 1). A Certificate of Compliance must be transmitted to OAL by 4-30-2003 or
					 emergency language will be repealed by operation of law on the following
					 day.
4. New section refiled 4-28-2003 as an emergency; operative
					 5-1-2003 (Register 2003, No. 18). A Certificate of Compliance must be
					 transmitted to OAL by 8-29-2003 or emergency language will be repealed by
					 operation of law on the following day.
5. New section refiled
					 8-26-2003 as an emergency; operative 8-30-2003 (Register 2003, No. 35). A
					 Certificate of Compliance must be transmitted to OAL by 12-29-2003 or emergency
					 language will be repealed by operation of law on the following
					 day.
6. Repealed by operation of Government Code section
					 11346.1(g)
					 (Register 2004, No. 33).
Note: Authority cited: Section
						13197.5, Water
						Code; and Section
						25299.3,
						Health and Safety Code. Reference: Sections
						13196(a),
						13197.5(a), (c),
						(d)(2) and
						13198, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 17 - Underground Tank Tester Regulations › Article 1 - General Provisions › Section 2730 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The State Water Board is vested with all the functions and
					 duties relating to the administration of the Tank Tester License Program
					 (section 25284.4 Health and Safety Code).
					 Specifically, the purpose of the Tank Tester License Program is to protect the
					 environment and public health and safety by establishing minimum qualifications
					 for those who test underground storage tanks and associated piping and by
					 establishing a licensing program for underground storage tank testers.
1. New
					 section filed 3-30-89 as an emergency pursuant to Health and Safety Code
					 section
					 25284.4(e);
					 operative 3-30-89 (Register 89, No. 14). For prior history, see Register 82,
					 No. 4.
2. Amendment filed 6-6-94; operative 7-6-94 (Register 94, No.
					 23).
Note: Authority cited: Section
						25284.4,
						Health and Safety Code. Reference: Section
						25284.4,
						Health and Safety Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 17 - Underground Tank Tester Regulations › Article 1 - General Provisions › Section 2731 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  "Address of record" means the address at which the licensee wishes to be
				  contacted by the State Water Board. The address of record is public
				  information.
(b) "Advertisement"
				  means any written or printed communication for the purpose of soliciting,
				  describing, or promoting the licensee's business including a brochure, letter,
				  pamphlet, newspaper, periodical, publication or other writing. Advertisement
				  also includes a radio, television, or similar airwaves transmission, or
				  videotape recording which solicits or promotes the licensee's business. It does
				  not include:
(1) a free directory listing
				  which does not allow space for a license number;
(2) any printing or writing on buildings or
				  vehicles where the purpose of the printing is identification;
(3) any printing, writing, or other
				  communication used in the ordinary course of business where the purpose of the
				  communication is other than solicitation or promotion of
				  business.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 17 - Underground Tank Tester Regulations › Article 2 - Administration › Section 2740 - Record of Licensees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Office of Tank Tester Licensing shall maintain a
					 current roster of the names, addresses, telephone numbers, and license numbers
					 of all licensed tank testers. The roster shall be furnished to local agencies
					 at least twice per calendar year and shall be made available to local agencies
					 and interested parties upon request.
1. New
					 section filed 3-30-89 as an emergency pursuant to Health and Safety Code
					 section
					 25284.4(e);
					 operative 3-30-89 (Register 89, No. 14). For prior history, see Register 82,
					 No. 4.
2. Amendment of article heading and section and new NOTE
					 filed 6-6-94; operative 7-6-94 (Register 94, No. 23).
Note: Authority cited: Section
						25284.4,
						Health and Safety Code. Reference: Section
						25284.4,
						Health and Safety Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 17 - Underground Tank Tester Regulations › Article 2 - Administration › Section 2741 - Record of Disciplinary Actions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Written information regarding disciplinary action taken
					 against licensees shall be maintained by the Office of Tank Tester Licensing
					 and information which meets the provisions of the Information Practices Act
					 shall be furnished to local agencies as available and to interested parties
					 upon request.
1. New
					 section filed 6-6-94; operative 7-6-94 (Register 94, No. 23).
Note: Authority cited: Section
						25284.4,
						Health and Safety Code. Reference: Section
						25284.4,
						Health and Safety Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 17 - Underground Tank Tester Regulations › Article 3 - Application of Regulations › Section 2750 - Necessity of License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All tank integrity tests, as defined in section
					 2611 of Article 1 of Chapter 16
					 and conducted within this state, must be performed by or under the direct and
					 personal supervision of a tank tester with a current and valid tank tester
					 license issued pursuant to these regulations. No person shall be licensed
					 unless the requirements as specified in Article 4 of these regulations have
					 been met.
1. New
					 section filed 3-30-89 as an emergency pursuant to Health and Safety Code
					 section
					 25284.4(e);
					 operative 3-30-89 (Register 89, No. 14). For prior history, see Register 82,
					 No. 4.
2. Amendment filed 6-6-94; operative 7-6-94 (Register 94, No.
					 23).
Note: Authority cited: Section
						25284.4,
						Health and Safety Code. Reference: Section
						25284.4,
						Health and Safety Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 17 - Underground Tank Tester Regulations › Article 3 - Application of Regulations › Section 2751 - Local Regulations; Ordinances

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The provisions of these regulations shall not prevent the
					 local authorities of any city, and/or county from:
(a) requiring tank tester licensees to meet
				  the requirements for and obtain a local business permit;
(b) requiring licensees to register their
				  name and file a copy of their State Water Board-issued tank tester license with
				  the city and/or county. No fee, other than a fee for a local business permit,
				  may be charged nor may any application be required by the city and/or county
				  for that registration.
1. New
					 section filed 3-30-89 as an emergency pursuant to Health and Safety Code
					 section
					 25284.4(e);
					 operative 3-30-89 (Register No. 89, No. 14). For prior history, see Register
					 82, No. 4.
2. Amendment filed 6-6-94; operative 7-6-94 (Register 94,
					 No. 23).
Note: Authority cited: Section
						25284.4,
						Health and Safety Code. Reference: Section
						2599.2,
						Health and Safety Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 17 - Underground Tank Tester Regulations › Article 4 - Licensing › Section 2760 - License Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An applicant for a tank tester license shall have
					 successfully completed training from the manufacturer of the tank and piping
					 test equipment to be used and shall:
(a) have completed a minimum of either one
				  year of verifiable qualifying experience testing at least 50 underground
				  storage tanks or have successfully completed both 6 months of qualifying
				  experience during which at least 50 underground storage tanks were tested and
				  an approved course of study as defined in section
				  2731;
(b) file with the Division a completed
				  application as specified in section
				  2761;
(c) pay the nonrefundable application fee and
				  the examination fee as specified in Article 7;
(d) provide two color photographs as
				  described in section
				  2731;
(e) pass an examination administered under
				  the direction of the Division as specified in section
				  2762;
(f) pay the license fee as specified in
				  Article 7 upon notification by the Division.
1. New
					 section filed 3-30-89 as an emergency pursuant to Health and Safety Code
					 section
					 25284.4(e);
					 operative 3-30-89 (Register No. 89, No. 14). For prior history, see Register
					 82, No. 4.
2. Amendment filed 6-6-94; operative 7-6-94 (Register 94,
					 No. 23).
Note: Authority cited: Section
						25284.4,
						Health and Safety Code. Reference: Section
						25284., Health and Safety
						Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 17 - Underground Tank Tester Regulations › Article 4 - Licensing › Section 2761 - Application for Licensure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Content--An application shall include but not be limited to:
(1) the full name, residence address, and the
				  address of record of the applicant and the employer name and address if
				  applicant is not self employed;
(2)
				  a statement signed under penalty of perjury by a declarant, verifying the
				  applicant's qualifying experience as specified in section
				  2760(a);
(3) verification that the applicant was
				  trained by the manufacturer in the principles and use of the equipment and
				  method upon which the applicant used to gain his or her qualifying experience
				  and the tank and piping test equipment and method the applicant intends to use
				  after licensure;
(4) applicant's
				  original signature signed under penalty of perjury and date the application was
				  signed;
(5) the nonrefundable
				  application fee and the examination fee as specified in Article 7;
				  and
(6) The Division may require
				  the submission of any additional pertinent information, evidence, statements,
				  or documents which would support the application for
				  licensure.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 17 - Underground Tank Tester Regulations › Article 4 - Licensing › Section 2762 - Examination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Content--The examination shall include:
(1)
				  general principles of tank and piping tests;
(2) basic understanding of the mathematics
				  relating to tank and piping integrity testing;
(3) knowledge of the regulations and laws
				  governing underground storage tanks; and
(4) proper safety
				  procedures.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 17 - Underground Tank Tester Regulations › Article 4 - Licensing › Section 2763 - Issuance of License, Renewal and Reinstatement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Issuance--Except as otherwise specified in these regulations, upon the
				  successful completion of the application and examination and payment of the
				  fees prescribed by these regulations, the Division shall issue a tank tester
				  license within 30 calendar days of receipt of the license fee.
(b) Renewal of licenses; notice; payment of
				  civil penalties--
(1) The Division shall send
				  to each licensee a notice of renewal at least 60 calendar days prior to the
				  expiration of each license.
(2) At
				  least 30 calendar days prior to the expiration, a licensee who desires to renew
				  his or her license shall send to the Division a completed renewal application
				  as prescribed by section
				  2763(b)(3), and
				  renewal fee as prescribed by Article 7.
(3) Each license renewal application shall
				  include the licensee's full name, business and residence address and telephone
				  number, license number, and the name under which the licensee does business.
				  Each application shall include two color photographs as prescribed by section
				  2731 and the renewal fee as
				  prescribed by Article 7.
(4) The
				  Division shall notify licensees in writing within 15 calendar days of receipt
				  of a license renewal application if the renewal application is deficient. The
				  notice shall state the specific information which is required to complete the
				  renewal application.
(5) Except as
				  otherwise prescribed by these regulations, the Division shall issue a license
				  renewal within 30 calendar days of receipt of a completed renewal
				  application.
(6) The license
				  renewal shall not be issued until any and all penalties assessed have been paid
				  or disciplinary actions have been completed in accordance with these
				  regulations.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 17 - Underground Tank Tester Regulations › Article 5 - Conduct of Business and Prohibited Acts › Section 2770 - Notice of Change of Address

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A licensee shall notify the Division of any change of his
					 or her residence and business addresses and telephone numbers within 30
					 calendar days after the change.
1. New
					 section filed 3-30-89 as an emergency pursuant to Health and Safety Code
					 section
					 25284.4(e);
					 operative 3-30-89 (Register No. 89, No. 14). For prior history, see Register
					 82, No. 4.
2. Amendment filed 6-6-94; operative 7-6-94 (Register 94,
					 No. 23).
Note: Authority cited: Section
						25284.4,
						Health and Safety Code. Reference: Section
						25284.4,
						Health and Safety Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 17 - Underground Tank Tester Regulations › Article 5 - Conduct of Business and Prohibited Acts › Section 2770.5 - Name and License Number on Tank Test Reports

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A licensee who personally conducts a tank or piping
					 integrity test shall complete and sign the resulting report in accordance with
					 the provisions of section
					 2643(g) of
					 Article 4 of Chapter 16 and shall include his or her license number on the
					 report.
1. New
					 section filed 6-6-94; operative 7-6-94 (Register 94, No. 23).
Note: Authority cited: Section
						25284.4,
						Health and Safety Code. Reference: Section
						25284.4,
						Health and Safety Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 17 - Underground Tank Tester Regulations › Article 5 - Conduct of Business and Prohibited Acts › Section 2771 - Liability of Licensee; Employee Records; Completion of Training for Testing Method Used

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  licensee shall at all times be responsible for the conduct and performance of
				  those under the licensee's direct and personal supervision when those persons
				  under supervision are acting within the course and scope of their employment as
				  tank testers.
(b) Each licensee
				  shall maintain a record of the following information for each underground
				  storage tank which he or she personally tested:
(1) name, address and telephone number of the
				  tank owner or operator, physical address of the underground storage tank, and
				  dates when the tank or piping test service was provided;
(2) all information and data collected and
				  reports prepared in the course of performing service as a tank tester,
				  including but not limited to raw data, calculations and reports;
(3) a list of persons working under the
				  direct and personal supervision of the licensee including dates when the tank
				  or piping test was performed.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 17 - Underground Tank Tester Regulations › Article 5 - Conduct of Business and Prohibited Acts › Section 2772 - Record Retention Period. Records, Including those Described in Section 2771, Shall be Retained for a Period of at Least Three Years. These Records Shall be Available for Inspection by the Division and Its Agents upon Demand, and Copies Thereof, and Information Pertaining Thereto or Therein, Shall be Submitted to the Division upon Demand

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
					 Renumbering of former section
					 2771 to section
					 2772 filed 6-6-94; operative
					 7-6-94 (Register 94, No. 23). For prior history, see Register 89, No.
					 14.
Note: Authority cited: Section
						25284.4,
						Health and Safety Code. Reference: Section
						25284.4,
						Health and Safety Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 17 - Underground Tank Tester Regulations › Article 6 - Appeals Regarding Disciplinary Action › Section 2780 - Disciplinary Proceedings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A tank tester may be liable civilly in accordance with
					 section
					 25284.4(h)
					 of the Health and Safety Code and, in addition, may be subject to
					 administrative sanctions pursuant to section
					 25284.4(g)
					 of the Health and Safety Code for performing, allowing, or causing another to
					 perform, any of the acts specified in section
					 2773.
1. Amendment
					 of article heading, renumbering of former section
					 2780 to section
					 2781 and renumbering and amendment
					 of former section
					 2790 to section
					 2780 filed 6-6-94; operative
					 7-6-94 (Register 94, No. 23). For prior history, see Register 89, No.
					 14.
Note: Authority cited: Section
						25284.4,
						Health and Safety Code. Reference: Section
						25284.4,
						Health and Safety Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 17 - Underground Tank Tester Regulations › Article 6 - Appeals Regarding Disciplinary Action › Section 2781 - Action by Division

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A licensee or applicant for licensure (hereafter referred
					 to as "appellant" for the purposes of this Article) who wishes to appeal any
					 discretionary decision made by the Office of Tank Tester Licensing or any
					 violation of the time periods set forth in Article 4 may ask for a review by
					 the Division Chief. The request for review must be in writing and must be
					 postmarked within 30 calendar days of the announcement of examination results
					 or notification of an Office of Tank Tester Licensing decision or violation of
					 the time periods set forth in Article 4. The request for review must be
					 accompanied by all evidence the appellant wishes to be considered by the
					 Division Chief and by the State Water Board in any subsequent review.
The Division Chief shall review all evidence and the
					 decision of the Office of Tank Tester Licensing and shall affirm, rescind, or
					 modify the decision. The Division Chief's determination shall be in writing,
					 labeled as the Division Chief's determination and shall inform the appellant
					 that the determination is final and conclusive unless, within 30 calendar days
					 from the date of receipt of the determination, the appellant requests a review
					 by the State Water Board.
1. Repealer
					 of article heading, renumbering of former section
					 2781 to section
					 2782 and renumbering and amendment
					 of former section
					 2780 to section
					 2781 filed 6-6-94; operative
					 7-6-94 (Register 94, No. 23). For prior history, see Register 89, No.
					 14.
Note: Authority cited: Section
						25284.4,
						Health and Safety Code. Reference: Section
						25284.4,
						Health and Safety Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 17 - Underground Tank Tester Regulations › Article 6 - Appeals Regarding Disciplinary Action › Section 2782 - Requests for Review by the State Water Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  request for review by the State Water Board shall contain but not be limited to
				  the following:
(1) name and address of the
				  appellant;
(2) a copy of the Office
				  of Tank Tester Licensing decision and the Division Chief's determination which
				  the State Water Board is requested to review;
(3) the manner in which the petitioner is
				  aggrieved;
(3) the specific action
				  which the appellant wishes the State Water Board to take;
(4) a copy of the evidence presented to the
				  Division Chief prior to the determination.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 17 - Underground Tank Tester Regulations › Article 6 - Appeals Regarding Disciplinary Action › Section 2783 - Deficient Requests for Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon receipt by the State Water Board of a request for
					 review which does not comply with the provisions of section
					 2782, the State Water Board shall
					 notify the appellant in what respect the request for review is deficient and
					 the time within which an amended request for review may be filed. If a properly
					 amended request is not received by the State Water Board within the time
					 allowed, the request shall be denied unless good cause is shown for an
					 extension of time.
1.
					 Renumbering of former section
					 2783 to section
					 2784 and renumbering and amendment
					 of section heading and text of former section
					 2782 to section
					 2783 filed 6-6-94; operative
					 7-6-94 (Register 94, No. 23). For prior history, see Register 89, No.
					 14.
Note: Authority cited: Section
						25284.4,
						Health and Safety Code. Reference: Section
						25284.4,
						Health and Safety Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 17 - Underground Tank Tester Regulations › Article 6 - Appeals Regarding Disciplinary Action › Section 2784 - Recommendation by the Division Chief

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A copy of the request for review and any accompanying
					 evidence and statement(s) shall be sent to the Division Chief. The Division
					 Chief shall file a response to the request with the State Water Board within 20
					 calendar days of the receipt of the request for review.
1.
					 Renumbering of former section
					 2784 to section
					 2785 and renumbering and amendment
					 of section heading and text of former section
					 2783 to section
					 2784 filed 6-6-94; operative
					 7-6-94 (Register 94, No. 23). For prior history, see Register 89, No.
					 14.
Note: Authority cited: Section
						25284.4,
						Health and Safety Code. Reference: Section
						25284.4,
						Health and Safety Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 17 - Underground Tank Tester Regulations › Article 6 - Appeals Regarding Disciplinary Action › Section 2785 - Action by the State Water Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  State Water Board may:
(1) refuse to review
				  the Division Chief's determination if the request for review is not filed in
				  accordance with the provisions of section
				  2782 and
				  2783.
(2) after review of the petition and the
				  response of the Division Chief:
(A) deny the
				  request upon a finding that the Division Chief's determination was proper;
				  or
(B) set aside or modify the
				  Division Chief's determination; or
(C) direct the Division to take other
				  specified action.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 17 - Underground Tank Tester Regulations › Article 6 - Appeals Regarding Disciplinary Action › Section 2790 - Disciplinary Proceedings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 3-30-89 as an emergency pursuant to Health and Safety Code
					 section
					 25284.4(e);
					 operative 3-30-89 (Register No. 89, No. 14). For prior history, see Register
					 82, No. 4.
2. Repealer of article heading and renumbering of former
					 section 2790 to section
					 2780 filed 6-6-94; operative
					 7-6-94 (Register 94, No. 23).
Note: Authority cited: Section
						25284.4,
						Health and Safety Code. Reference: Section
						25284.4,
						Health and Safety Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 17 - Underground Tank Tester Regulations › Article 7 - Revenue › Section 2800 - Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  nonrefundable application fee for an initial tank tester license is one hundred
				  dollars ($100).
(b) The examination
				  fee for a tank tester license is two hundred dollars ($200).
(c) The examination fee for a tank tester
				  shall not exceed six hundred dollars ($600).
(d) The nonrefundable reexamination fee is
				  two hundred dollars ($200).
(e) The
				  license renewal fee for a tank tester shall not exceed six hundred dollars
				  ($600).
(f) The license
				  reinstatement fee is two hundred dollars ($200).
(g) The fee for a duplicate license, to
				  replace a lost, stolen or destroyed license is ten dollars ($10).
(h) The fee for the cost of a certified copy
				  of any license or a certification of licensure is five dollars ($5).
(i) The fee for processing a dishonored check
				  is fifteen dollars ($15).
1. New
					 section filed 3-30-89 as an emergency pursuant to Health and Safety Code
					 section
					 25284.4(e);
					 operative 3-30-89 (Register No. 89, No. 14). For prior history, see Register
					 82, No. 4.
2. Amendment of article heading filed 6-6-94; operative
					 7-6-94 (Register 94, No. 23).
Note: Authority cited: Section
						25284.4,
						Health and Safety Code. Reference: Section
						25284.4,
						Health and Safety Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 17 - Underground Tank Tester Regulations › Article 7 - Revenue › Section 2801 - Copies of Laws, Rules, Etc.; Disposition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Office of Tank Tester Licensing shall furnish one copy
					 of the licensing law, rules, regulations, manuals, or guides to any applicant
					 or licensee or other interested parties without charge.
1. New
					 section filed 3-30-89 as an emergency pursuant to Health and Safety Code
					 section
					 25284.4(e);
					 operative 3-30-89 (Register No. 89, No. 14). For prior history, see Register
					 82, No. 4.
Note: Authority cited: Section
						25284.4,
						Health and Safety Code. Reference: Section
						25284.4,
						Health and Safety Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 17 - Underground Tank Tester Regulations › Article 7 - Revenue › Section 2802 - Refund of Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Application and license fees are not refundable.
					 Examination fees may be refunded only if the application is rejected by the
					 Office of Tank Tester Licensing, the Division Chief or the State Water
					 Board.
1. New
					 section filed 3-30-89 as an emergency pursuant to Health and Safety Code
					 section
					 25284.4(e);
					 operative 3-30-89 (Register No. 89, No. 14). For prior history, see Register
					 82, No. 4.
2. Amendment filed 6-6-94; operative 7-6-94 (Register 94,
					 No. 23).
Note: Authority cited: Section
						25284.4,
						Health and Safety Code. Reference: Section
						25284.4,
						Health and Safety Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 18 - Petroleum Underground Storage Tank Cleanup Fund Regulations › Article 3 - Financial Responsibility Requirements › Section 2805 - Applicability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  This article applies to all owners and operators of underground storage tanks
				  containing petroleum who, pursuant to the Federal Act, are required to
				  demonstrate financial responsibility to take corrective action and compensate
				  third parties for bodily injury and property damage caused by accidental
				  releases of petroleum. Owners and operators who are not required to demonstrate
				  financial responsibility by the Federal Act are not subject to the requirements
				  of this article.
(b) Current
				  federal financial responsibility requirements are contained in 40 Code of
				  Federal Regulations, part 280 and are incorporated herein by
				  reference.
1. New
					 section filed 12-2-91 as an emergency; operative 12-2-91. Text remains in
					 effect uninterrupted pursuant to Health and Safety Code section
					 25299.77
					 (Register 92, No. 9).
2. Editorial correction of printing errors in
					 HISTORY 1. (Register 92, No. 43).
3. Amendment of section and NOTE
					 filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
Note: Authority cited: Section
						25299.77,
						Health and Safety Code. Reference: Section
						25299.30,
						Health and Safety Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 18 - Petroleum Underground Storage Tank Cleanup Fund Regulations › Article 3 - Financial Responsibility Requirements › Section 2806 - General Responsibility to Meet Federal Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All
				  owners and operators subject to this article are required to demonstrate
				  financial responsibility in the amounts and at the times required by the
				  Federal Act. When owners and operators are no longer required to demonstrate
				  financial responsibility by the Federal Act, they are no longer required to
				  demonstrate financial responsibility by this article.
(b) An owner or operator is no longer
				  required to demonstrate financial responsibility or maintain evidence thereof
				  for any underground storage tank that has been permanently closed or, if
				  corrective action is required, after the corrective action has been completed
				  and the underground storage tank has been permanently closed in accordance with
				  the applicable provisions of Health and Safety Code section
				  25298,
				  the California Code of Regulations, title 23, division 3, chapter 16, article
				  7, and applicable local requirements.
1. New
					 section filed 12-2-91 as an emergency; operative 12-2-91. Text remains in
					 effect uninterrupted pursuant to Health and Safety Code section
					 25299.77
					 (Register 92, No. 9).
2. Editorial correction of printing errors in
					 HISTORY 1. (Register 92, No. 43).
3. Amendment of section and NOTE
					 filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
Note: Authority cited: Section
						25299.77,
						Health and Safety Code. Reference: Section
						25299.30,
						Health and Safety Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 18 - Petroleum Underground Storage Tank Cleanup Fund Regulations › Article 3 - Financial Responsibility Requirements › Section 2806.1 - Current Federal Compliance Dates

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Owners and operators must comply with federal financial responsibility
				  requirements by the date or dates specified in the Federal Act. The compliance
				  date is determined by the characteristics of the owner as set forth in 40 Code
				  of Federal Regulations, section
				  280.91. Currently the applicable
				  federal compliance dates are:
(1) January 24,
				  1989 for all petroleum marketing firms owning 1,000 or more underground storage
				  tanks and all other underground storage tank owners who report a tangible net
				  worth of $20 million or more to the U.S. Securities and Exchange Commission
				  (SEC), Dun and Bradstreet, the Energy Information Administration, or the Rural
				  Electrification Administration;
(2)
				  October 26, 1989 for all petroleum marketing firms owning 100-999 underground
				  storage tanks;
(3) April 26, 1991
				  for all petroleum marketing firms owning 13-99 underground storage tanks at
				  more than one facility;
(4)
				  December 31, 1993 for all petroleum underground storage tank owners or
				  operators not described in subdivisions (1) through (3) of this section,
				  excluding local governmental entities;
(5) February 18, 1994 for local governmental
				  entities; and
(6) December 31, 1998
				  for federally recognized Indian tribes that own underground storage tanks on
				  Indian lands if those underground storage tanks comply with all current
				  technical requirements, such as leak detection
				  requirements.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 18 - Petroleum Underground Storage Tank Cleanup Fund Regulations › Article 3 - Financial Responsibility Requirements › Section 2806.2 - Demonstration of Compliance with Financial Responsibility Requirements by Owners and Operators

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the owner and operator are separate persons, either the
					 owner or operator shall demonstrate compliance with financial responsibility
					 requirements. However, both the owner and operator are responsible for ensuring
					 that applicable financial responsibility requirements are met.
1. New
					 section filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
Note: Authority cited: Section
						25299.77,
						Health and Safety Code. Reference: Sections
						25299.30
						and
						25299.31,
						Health and Safety Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 18 - Petroleum Underground Storage Tank Cleanup Fund Regulations › Article 3 - Financial Responsibility Requirements › Section 2807 - Required Financial Responsibility Amounts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Owners or operators must demonstrate financial responsibility in the amounts
				  required by the Federal Act. Currently the federally required minimum amounts
				  are:
(1) $1 million per occurrence for owners
				  and operators of underground storage tanks either located at a petroleum
				  marketing facility or which handle an average of more than 10,000 gallons of
				  petroleum per month based on annual throughput for the previous calendar year;
				  or
(2) $500,000 per occurrence for
				  all owners or operators not included in the preceding subdivision;
				  and
(3) $1 million annual aggregate
				  coverage for owners or operators of 1 to 100 underground storage tanks;
				  or
(4) $2 million annual aggregate
				  coverage for owners or operators of 101 or more underground storage
				  tanks.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 18 - Petroleum Underground Storage Tank Cleanup Fund Regulations › Article 3 - Financial Responsibility Requirements › Section 2808 - Demonstration of Financial Responsibility Through Compliance with Federal Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Owners or operators may fulfill federal financial
					 responsibility requirements in the manner and through the mechanisms authorized
					 by the Federal Act. Owners or operators who choose to fulfill financial
					 responsibility requirements through a mechanism other than the Fund must meet
					 all applicable conditions and requirements, and are subject to all applicable
					 provisions contained in the Federal Act.
1. New
					 section filed 12-2-91 as an emergency; operative 12-2-91. Text remains in
					 effect uninterrupted pursuant to Health and Safety Code section
					 25299.77
					 (Register 92, No. 9).
2. Editorial correction of printing errors in
					 HISTORY 1. (Register 92, No. 43).
3. Amendment of section and NOTE
					 filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
Note: Authority cited: Section
						25299.77,
						Health and Safety Code. Reference: Sections
						25299.30
						and
						25299.33,
						Health and Safety Code.