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 9 - Local Agency Requests for Additional Design and Construction Standards › Section 2691 - Procedures for Requesting Additional Standards

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  local agency application for additional design and construction standards shall
				  include:
(1) A description of the proposed
				  design and construction standards which are in addition to those described in
				  Article 3 of this chapter.
(2)
				  Clear and convincing evidence that the additional standards are necessary to
				  protect the soil and beneficial uses of the waters of the state from
				  unauthorized releases.
(3) Any
				  documents required by the California Environmental Quality Act (Division 13,
				  commencing with section
				  21000
				  of the Public Resources Code).
(4)
				  An initial fee of $5,500.
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 10 - Permit Application, Quarterly Report, and Trade Secret Request Requirements › Section 2710 - General Applicability of Article

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  This article describes specific administrative actions that shall be undertaken
				  by all underground storage tank owners, local agencies, and the State Water
				  Board relative to issuing permits for underground storage tanks. These steps
				  are in addition to those established by Chapter 6.7 of Division 20 of the
				  Health and Safety Code.
(b) Section
				  2711 lists the information that
				  shall be submitted by the underground storage tank owner or representative to
				  the local agency as part of the permit application.
(c) Section
				  2712 describes the conditions
				  associated with a permit for the operation of an underground storage tank and
				  the conditions which local agencies shall meet before issuing permit.
(d) Section
				  2713 describes the local agency
				  reporting requirements for unauthorized releases.
(e) Section
				  2714 specifies conditions that
				  shall be met by an underground storage tank owner or operator when requesting
				  trade secret protection for any information submitted to the local agency,
				  State Water Board, or Regional Water Quality Board. The section also specifies
				  how those agencies shall consider the request and how they shall maintain the
				  information if the trade secret request is accepted.
1. Amendment
					 of article and section headings and text 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 and
					 section filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
4.
					 Amendment of article heading filed 10-13-2016; operative 1-1-2017 (Register
					 2016, No. 42).
Note: Authority cited: Sections
						25299.3
						and
						25299.7,
						Health and Safety Code. Reference: Sections
						25284,
						25285,
						25286,
						25288,
						25289,
						25290
						and
						25293,
						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 16 - Underground Tank Regulations › Article 10 - Permit Application, Quarterly Report, and Trade Secret Request Requirements › Section 2712 - Permit Conditions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As
				  a condition of any permit to operate an underground storage tank, the owner or
				  operator shall comply with the reporting and recording requirements for
				  unauthorized releases specified in Article 5.
(b) The owner or operator shall maintain the
				  following records on-site, or off-site at a readily accessible location if
				  approved by the local agency, for the specified period. These records shall be
				  made available, upon request within 36 hours, to the local agency or the State
				  Water Board.
(1) Monitoring and maintenance
				  records shall be maintained for at least 36 months and include the following:
(A) The date and time of all monitoring or
				  sampling;
(B) The results of any
				  visual observations;
(C) The
				  results of all sample analysis performed in the laboratory or in the field,
				  including laboratory data sheets and analysis used;
(D) The logs of all readings of gauges or
				  other monitoring equipment, ground water elevations, or other test
				  results;
(E) The results of
				  inventory readings and reconciliations;
(F) The results of testing; and
(G) The results of
				  inspections.
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 10 - Permit Application, Quarterly Report, and Trade Secret Request Requirements › Section 2712.1 - Content of Upgrade Compliance Certificates. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 10-27-98 as an emergency; operative 10-27-98 (Register 98, No.
					 44). A Certificate of Compliance must be transmitted to OAL by 2-24-99 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. Editorial correction of HISTORY 1 (Register 2000, No.
					 24).
3. Repealed by operation of Government Code section
					 11346.1(g)
					 (Register 2000, No. 24).
Note: Authority cited: Section
						25299.3,
						Health and Safety Code; Reference: Sections
						25284
						and
						25292.3,
						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 16 - Underground Tank Regulations › Article 10 - Permit Application, Quarterly Report, and Trade Secret Request Requirements › Section 2712.2 - Issuing Upgrade Compliance Certificates. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 10-27-98 as an emergency; operative 10-27-98 (Register 98, No.
					 44). A Certificate of Compliance must be transmitted to OAL by 2-24-99 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. Editorial correction of HISTORY 1 (Register 2000, No.
					 24).
3. Repealed by operation of Government Code section
					 11346.1(g)
					 (Register 2000, No. 24).
Note: Authority cited: Section
						25299.3,
						Health and Safety Code; Reference: Sections
						25284
						and
						25292.3,
						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 16 - Underground Tank Regulations › Article 10 - Permit Application, Quarterly Report, and Trade Secret Request Requirements › Section 2712.3 - Displaying Upgrade Compliance Certificates. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 10-27-98 as an emergency; operative 10-27-98 (Register 98, No.
					 44). A Certificate of Compliance must be transmitted to OAL by 2-24-99 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. Editorial correction of HISTORY 1 (Register 2000, No.
					 24).
3. Repealed by operation of Government Code section
					 11346.1(g)
					 (Register 2000, No. 24).
Note: Authority cited: Section
						25299.3,
						Health and Safety Code; Reference: Sections
						25284
						and
						25292.3,
						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 16 - Underground Tank Regulations › Article 10 - Permit Application, Quarterly Report, and Trade Secret Request Requirements › Section 2712.4 - Replacing Upgrade Compliance Certificates. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 10-27-98 as an emergency; operative 10-27-98 (Register 98, No.
					 44). A Certificate of Compliance must be transmitted to OAL by 2-24-99 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. Editorial correction of HISTORY 1 (Register 2000, No. 24).
					 3. Repealed by operation of Government Code section
					 11346.1(g)
					 (Register 2000, No. 24).
Note: Authority cited: Section
						25299.3,
						Health and Safety Code; Reference: Sections
						25284
						and
						25292.3,
						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 16 - Underground Tank Regulations › Article 10 - Permit Application, Quarterly Report, and Trade Secret Request Requirements › Section 2712.5 - Lists of Underground Storage Tank Facilities. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 10-27-98 as an emergency; operative 10-27-98 (Register 98, No.
					 44). A Certificate of Compliance must be transmitted to OAL by 2-24-99 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. Editorial correction of HISTORY 1 (Register 2000, No.
					 24).
3. Repealed by operation of Government Code section
					 11346.1(g)
					 (Register 2000, No. 24).
Note: Authority cited: Section
						25299.3,
						Health and Safety Code; Reference: Sections
						25284
						and
						25292.3,
						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 16 - Underground Tank Regulations › Article 10 - Permit Application, Quarterly Report, and Trade Secret Request Requirements › Section 2712.6 - Prohibitions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 10-27-98 as an emergency; operative 10-27-98 (Register 98, No.
					 44). A Certificate of Compliance must be transmitted to OAL by 2-24-99 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. Editorial correction of HISTORY 1 (Register 2000, No.
					 24).
3. Repealed by operation of Government Code section
					 11346.1(g)
					 (Register 2000, No. 24).
Note: Authority cited: Section
						25299.3,
						Health and Safety Code; Reference: Sections
						25284
						and
						25292.3,
						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 16 - Underground Tank Regulations › Article 10 - Permit Application, Quarterly Report, and Trade Secret Request Requirements › Section 2712.7 - Sunset Provisions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 10-27-98 as an emergency; operative 10-27-98 (Register 98, No.
					 44). A Certificate of Compliance must be transmitted to OAL by 2-24-99 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. Editorial correction of HISTORY 1 (Register 2000, No.
					 24).
3. Repealed by operation of Government Code section
					 11346.1(g)
					 (Register 2000, No. 24).
Note: Authority cited: Section
						25299.3,
						Health and Safety Code; Reference: Sections
						25284
						and
						25292.3,
						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 16 - Underground Tank Regulations › Article 10 - Permit Application, Quarterly Report, and Trade Secret Request Requirements › Section 2713 - Local Agency Reporting Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Each local agency shall transmit unauthorized release information, submitted by
				  the owner or operator, to the appropriate Regional Board through the California
				  Environmental Reporting System or a local reporting portal.
(b) Each local agency shall transmit
				  unauthorized release update report information, submitted by the owner or
				  operator pursuant to section
				  2712, to the appropriate Regional
				  Board for sites where they are overseeing cleanup. Local agencies shall
				  transmit this unauthorized release update information on a quarterly schedule
				  established by the Board.
(c) On a
				  semi-annual basis, each local agency shall send to the Board, information
				  pertaining to local underground storage tank program implementation and
				  enforcement activities. This information shall be submitted using a local
				  information management system, local reporting portal, or the California
				  Environmental Reporting System, and shall include, but not be limited to the
				  number of:
(1) Tanks subject to
				  regulation
(2) Regulated
				  facilities
(3) Facility inspections
				  conducted
(4) Inspected facilities
				  in compliance with release detection, spill prevention, overfill prevention,
				  corrosion protection, financial responsibility, and designated operator
				  training and inspection requirements
(5) Underground storage tank systems that
				  received a red tag pursuant to Article 10.5, including:
(A) The name and California Environmental
				  Reporting System Identification Number of the facility at which the tank system
				  is located;
(B) The red tag's
				  identification number;
(C) The date
				  the red tag was affixed to the tank system;
(D) The specific violation for which the tank
				  system received the red tag; and
(E) The date the red tag was removed from the
				  tank system.
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 10 - Permit Application, Quarterly Report, and Trade Secret Request Requirements › Section 2714 - Trade Secret Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
				  person making an application for a permit to operate an underground storage
				  tank, for renewal of the permit, or for a site-specific variance, shall submit
				  all of the application submittal elements through the California Environmental
				  Reporting System or a local reporting portal. Any person asserting a trade
				  secret must submit all information which the person believes is a trade secret
				  and a legal justification for the request for confidentiality to the local
				  agency. The information which shall be submitted includes, but is not limited
				  to:
(1) Identification of those portions of
				  the information which are believed to be trade secrets;
(2) The length of time this information
				  should be treated as confidential;
(3) Measures that have been taken to protect
				  this information as confidential; and
(4) A discussion of why this information is
				  subject to trade secret protection, including references to statutory and case
				  law as appropriate.
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 10 - Permit Application, Quarterly Report, and Trade Secret Request Requirements › Section 2715 - Certification, Licensing, and Training Requirements for Underground Storage Tank Owners, Operators, Facility Employees, Installers, Service Technicians, and Inspectors

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Owners or operators of underground storage tank systems shall submit through
				  the California Environmental Reporting System or a local reporting portal, a
				  signed statement indicating that the owner or operator understands and is in
				  compliance with all applicable underground storage tank requirements, and
				  identifying the designated UST operator(s) for each facility owned or operated
				  at all of the following times:
(1) Within 30
				  days of installing an underground storage tank system, the owner or operator
				  shall submit all of the following:
(A) A
				  signed "Underground Storage Tank Statement of Understanding and Compliance
				  Form," located in Appendix X, indicating that the owner or operator understands
				  and is in compliance with all applicable underground storage tank requirements;
				  and
(B) A "Designated Underground
				  Storage Tank Operator Identification Form," located in Appendix XI, identifying
				  the designated UST operator(s) for the facility.
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 10 - Permit Application, Quarterly Report, and Trade Secret Request Requirements › Section 2716 - Designated Ust Operator Visual Inspection

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) On
				  and after October 1, 2018, all underground storage tank systems shall have a
				  visual inspection performed by a designated UST operator at least once every 30
				  days in accordance with all subdivisions below.
(b) The designated UST operator visual
				  inspection shall identify compliance issues which cause the underground storage
				  tank system to be out of compliance with this chapter and include, but not be
				  limited to, all of the following:
(1) Review
				  of the previous "Designated Underground Storage Tank Operator Visual Inspection
				  Report" to verify each compliance issue identified by the designated UST
				  operator during the previous visual inspection required by subdivision (a)
				  above, has a documented action taken in response;
(2) Review of the release detection alarm
				  history since the previous visual inspection required by subdivision (a) above,
				  to verify that each alarm condition was documented and responded to
				  appropriately;
(3) Review of the
				  testing and maintenance records for the underground storage tank system to
				  verify that all required testing and maintenance have been complete;
(4) Review of the facility employee training
				  records to verify that all facility employees have been trained in accordance
				  with section
				  2715(c);
(5) Inspect the spill container for damage
				  and for the presence of any hazardous substance, water, or debris;
(6) Inspect the fill pipe for
				  obstructions;
(7) Inspect the fill
				  cap to verify it is securely on the fill pipe;
(8) Inspect under-dispenser containment areas
				  for damage and for the presence of any hazardous substance, water, or debris
				  and check that the monitoring equipment in these areas is located in the proper
				  position to detect a release at the earliest possible opportunity;
				  and
(9) Inspect containment sumps
				  that have had an alarm since the previous visual inspection required by
				  subdivision (a) above, for which there is no record of a service technician
				  visit. Inspect the containment sumps for damage and for the presence of any
				  hazardous substance, water, or debris and check that the monitoring equipment
				  in these containment sumps is located in the proper position to detect a
				  release at the earliest possible opportunity.
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 › Appendix II - Suction Piping Monitoring

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Suction piping (piping operating at less than atmospheric
				  pressure) shall be monitored for the presence of air in the pipeline by
				  observing the suction pumping system for the following indicators:
(1) The cost/quantity display wheels on the meter suction
				  pump skip or jump during operation;
(2) The suction pump is operating, but no motor vehicle fuel
				  is being pumped;
(3) The suction pump seems to overspeed when first turned on
				  and then slows down as it begins to pump liquid; and
(4) A rattling sound in the suction pump and erratic flow
				  indicating an air and liquid mixture.
If any of the above indicators are observed during testing of
				  the suction piping system, the pipeline check valve should be inspected to
				  determine if it is seated tightly. If there is any doubt following the
				  inspection that the valve seats tightly, it should be repaired, replaced, or
				  sealed off. Then the suction pumping test should be repeated and, if air is
				  still entering the suction line, it is assumed that the pipe is leaking
				  underground.
Written records of the daily monitoring shall be maintained
				  at the facility site.
1. New
				  Appendix II 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 filed 4-5-94;
				  operative 5-5-94 (Register 94, No. 14).
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 › Appendix III - Examples of Quantitative Release Detection Methods for Existing Tanks

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Detection
						  Method
Performance Standards
Automatic Tank Gauging (At least once every 30
						  days)
Section
						  2643(b)(1)
Statistical Inventory Reconciliation (At least once
						  every 30 days) and Tank Integrity Testing (At least once every 24
						  months)
Section
						  2643(b)(2)
Continuous In-tank Leak Detection (At least once every
						  30 days)
Section
						  2643(b)(3)
Examples of Quantitative Release Detection Methods for
				  Single-Walled Pressurized Piping
Detection
						  Method
Performance Standards
Automatic Mechanical Line Leak Detector (Hourly) and
						  0.2 Gallons Per Hour Monitoring (At least once every 30 days)
Section
						  2643(c)(1) &
						  Section 2643(c)(2)
Automatic Mechanical Line Leak Detector (Hourly) and
						  Line Tightness Test (At least once every 12 months)
Section
						  2643(c)(1) &
						  Section 2643(c)(3)
Automatic Electronic Line Leak Detector (Hourly) and
						  (At least once every 30 days or 12 months) (meets both section
						  2643(c)(1) and (2) or
						  (3))
Section
						  2643(c)(1) &
						  Section 2643(c)(2) or
						  Section 2643(c)(3)
Examples of Qualitative Release Detection Methods for
				  Single-Walled Suction Piping
Detection
						  Method
Performance Standards
Line Tightness Test (At least once every 36 months) and
						  Daily Monitoring
Section
						  2643(d) &
						  Appendix II
Example of Qualitative Release Detection Methods for
				  Single-Walled Gravity Flow Piping
Detection
						  Method
Performance Standards
Line Tightness Test (At least once every 24
						  months)
Section
						  2643(e)
Examples of Qualitative Release Detection Methods for
				  Existing Tanks and Piping
Detection
						  Method
Performance Standards
Vapor Monitoring (Continuous)
Sections
						  2644(a), (b),
						  & 2647
Ground Water Monitoring (At least once every 30
						  days)
Sections
						  2644(a), (c),
						  & 2648
1. New
				  Appendix IV 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. Repealer and renumbering and
				  amendment of former Appendix IV to Appendix III filed 4-5-94; operative 5-5-94
				  (Register 94, No. 14). For prior history, see Register 92, No.
				  43.
4. Repealer and new Appendix III filed 8-27-2018; operative
				  10-1-2018 (Register 2018, No. 35).
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 › Appendix V - Reserved

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Renumbering
				  of former Appendix V to Appendix IV and renumbering and amendment of former
				  Appendix VI to Appendix V filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
				  For prior history, see Register 92, No. 43.
2. Change without
				  regulatory effect repealing form C filed 5-19-94 pursuant to title 1, section
				  100, California Code of
				  Regulations (Register 94, No. 20).
3. Repealer and reservation of
				  appendix filed 12-18-2007; operative 1-17-2008 (Register 2007, No.
				  51).
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 › Appendix X - UNDERGROUND STORAGE TANK STATEMENT OF UNDERSTANDING AND COMPLIANCE FORM

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Click
				  here to view image
1. New
				  Appendix X filed 8-27-2018; operative 10-1-2018 (Register 2018, No.
				  35).
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 › Appendix XI - Underground Storage Tank Designated UST Operator Identification Form

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
TYPE OF ACTION
[] New UST
						  Installation
[] New/Changed Designated Operator
1. FACILITY INFORMATION
CERS ID
Facility Name
___________________________
Facility Address
City
ZIP Code
___________________________
2. DESIGNATED UST OPERATOR INFORMATION
Print names exactly as shown on the ICC
				  certification.
Name of Designated UST Operator
ICC
						  Certification
___________________________
Mailing Address
Phone
___________________________
Name of Designated UST Operator
ICC
						  Certification
___________________________
Mailing Address
Phone
___________________________
Name of Designated UST Operator
ICC
						  Certification
___________________________
Mailing Address
Phone
___________________________
Name of Designated UST Operator
ICC
						  Certification
___________________________
Mailing Address
Phone
___________________________
Name of Designated UST Operator
ICC
						  Certification
___________________________
Mailing Address
Phone
___________________________
Name of Designated UST Operator
ICC
						  Certification
___________________________
Mailing Address
Phone
___________________________
Name of Designated UST Operator
ICC
						  Certification
___________________________
Mailing Address
Phone
___________________________
Name of Designated UST Operator
ICC
						  Certification
___________________________
Mailing Address
Phone
___________________________
Additional copies of this page may be
				  attached.
CERS = California Environmental Reporting System, ID =
				  Identification, ICC = International Code Council, UST = Underground Storage
				  Tank
1. New
				  Appendix XI filed 8-27-2018; operative 10-1-2018 (Register 2018, No.
				  35).
2. Repealer and new appendix filed 8-27-2020; operative
				  10-1-2020 (Register 2020, No. 35). Filing deadline specified in Government Code
				  section
				  11349.3(a)
				  extended 60 days pursuant to Executive Order N-40-20 and an additional 60 days
				  pursuant to Executive Order N-66-20.
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 › Appendix XII - UNDERGROUND STORAGE TANK FACILITY EMPLOYEE TRAINING CERTIFICATE

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Click
				  here to view image
1. New
				  Appendix XII filed 8-27-2018; operative 10-1-2018 (Register 2018, No.
				  35).
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 10.5 - RED TAG AUTHORITY › Section 2717 - Additional Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  "Significant Violation" means the failure of a person to comply with any
				  requirement of Chapter 6.7 of the Health and Safety Code or any regulation
				  adopted pursuant to Chapter 6.7, not including the corrective action
				  requirements in Section
				  25296.10
				  of the Health and Safety Code and Article 11 of Chapter 16 of Title 23 of the
				  regulations, that is any of the following:
(1) A violation that is causing, or threatens
				  to cause a liquid release of petroleum from an underground storage tank system,
				  including, but not limited to: the failure of any required overfill prevention
				  system, where the failure is causing or threatens to cause a release; or the
				  failure of a required spill containment structure, where the failure is causing
				  or threatens to cause a release to the environment due to a spill or an
				  overfill.
(2) A violation that
				  impairs the ability of an underground storage tank system to detect a liquid
				  leak or contain a liquid release of petroleum in the manner required by law,
				  including, but not limited to: tampering with leak detection equipment so that
				  the equipment is no longer capable of detecting a leak at the earliest possible
				  opportunity.
(3) A chronic
				  violation or a violation that is committed by a recalcitrant violator. In
				  determining whether a violation is chronic or a violator is recalcitrant, the
				  local agency shall consider whether there is evidence indicating that the
				  violator has engaged in a pattern of neglect or disregard with respect to any
				  requirement of Chapter 6.7 or of any regulation adopted pursuant to Chapter
				  6.7, not including the corrective action requirements in Section
				  25296.10
				  of the Health and Safety Code and Article 11 of Chapter 16 of Title 23 of the
				  regulations.
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 10.5 - RED TAG AUTHORITY › Section 2717.2 - Removing Red Tags

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Upon notification by the owner or operator documenting to the satisfaction of
				  the local agency that the significant violation has been corrected, the local
				  agency may provide written authorization to the owner or operator to remove the
				  red tag. The local agency shall inspect the underground storage tank system
				  within five business days of notification to determine whether the system
				  continues to be in significant violation, regardless of whether it has
				  authorized removal of the red tag by the owner or operator. If, upon
				  inspection, the local agency determines that the system is no longer in
				  significant violation and it has not already authorized removal of the red tag,
				  the local agency shall immediately remove the red tag.
(b) Upon removing a red tag from an
				  underground storage tank system, the local agency shall document the level of
				  stored product in the tank. If the owner or operator removes a red tag pursuant
				  to written authorization by the local agency, the owner or operator shall
				  document the level of stored product in the tank immediately after removing the
				  red tag.
(c) A red tag that has
				  been removed by the owner or operator shall be returned to the local agency
				  within five business days, or sooner if requested by the local
				  agency.
1. New
					 section filed 5-13-2004; operative 6-12-2004 (Register 2004, No. 20).
Note: Authority cited: Sections
						25299.3
						and
						25299.7,
						Health and Safety Code. Reference: Section
						25292.3,
						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 16 - Underground Tank Regulations › Article 10.5 - RED TAG AUTHORITY › Section 2717.3 - Removal of Red Tag from Emergency Generator Tank Systems Prior to Correction of Significant Violation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Notwithstanding any other provision of this Article, a
					 local agency may remove or authorize the removal of a red tag from an emergency
					 generator tank system before a significant violation has been corrected if the
					 local agency determines that an emergency situation exists requiring operation
					 of the system and the delivery of petroleum is necessary for the continued
					 operation of the system during the emergency. For purposes of this section, an
					 "emergency generator tank system" means an underground storage tank system that
					 provides power supply in the event of a commercial power failure, stores
					 petroleum, and is used solely in connection with an emergency system, legally
					 required standby system, or optional standby system, as defined in Articles
					 700, 701, and 702 of the National Electrical Code of the National Fire
					 Protection Association.
1. New
					 section filed 5-13-2004; operative 6-12-2004 (Register 2004, No. 20).
Note: Authority cited: Sections
						25299.3
						and
						25299.7,
						Health and Safety Code. Reference: Sections
						25281.5
						and
						25292.3,
						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 16 - Underground Tank Regulations › Article 10.5 - RED TAG AUTHORITY › Section 2717.4 - Notice of Correction of Significant Violation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon making a determination that a significant violation
					 has been corrected, the local agency shall notify the owner or operator in
					 writing of its determination.
1. New
					 section filed 5-13-2004; operative 6-12-2004 (Register 2004, No. 20).
Note: Authority cited: Sections
						25299.3
						and
						25299.7,
						Health and Safety Code. Reference: Section
						25292.3,
						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 16 - Underground Tank Regulations › Article 10.5 - RED TAG AUTHORITY › Section 2717.5 - Significant Violations Exempt From Red Tags

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If
				  an underground storage tank system component is found to be in significant
				  violation during periodic testing of the component, a local agency may issue a
				  notice of significant violation or affix a red tag only if:
(1) the violation poses an imminent threat to
				  human health or safety or the environment; or
(2) there is evidence the component in
				  violation has been tampered with; or
(3) the owner or operator fails to take
				  appropriate action to correct the violation.
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 10.5 - RED TAG AUTHORITY › Section 2717.6 - Content of Red Tags

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  red tag shall be red in color and 3 inches wide by 5 inches long and made of
				  plastic or other durable and damage resistant material.
(b) Red tags shall bear the following
				  information on both sides of the tag:
(1) The
				  following wording, printed in white at the top of the tag in all capital
				  letters in at least 36 point bold-faced type: "PETROLEUM DELIVERY
				  PROHIBITED!"
(2) The following
				  wording, printed in white below the wording described in subdivision (b)(1) in
				  at least 16 point type: "Delivering petroleum, or removing, defacing, altering,
				  or otherwise tampering with this tag may result in civil penalties of up to
				  $5000 per day."
(3) Printed below
				  the wording described in subdivision (b)(2), the following wording in at least
				  16 point type: "If you have questions, please contact:"
(A) Following the wording described in
				  subdivision (b)(3), there shall be a blank area at least ½ inch wide by
				  three inches long in which the local agency shall write legibly in permanent
				  ink its name and telephone number.
(4) In the lower left hand corner, a unique
				  identification number imprinted mechanically at the time of
				  production.
(5) In the lower right
				  hand corner, a graphic comprised of a blue background, the letters SWRCB in
				  black, and white wavy lines depicting water.
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 10.5 - RED TAG AUTHORITY › Section 2717.7 - Enforcement Scope of Article

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Nothing in this Article shall be construed as prohibiting
					 the local agency, board, regional board, or any other prosecuting agency from
					 taking any other action as provided for by law, including but not limited to
					 requiring removal of the stored substance from the tank pursuant to Section
					 2652 or revoking or modifying the
					 operating permit pursuant to Section
					 25285.1
					 of the Health and Safety Code.
1. New
					 section filed 5-13-2004; operative 6-12-2004 (Register 2004, No. 20).
Note: Authority cited: Sections
						25299.3
						and
						25299.7,
						Health and Safety Code. Reference: Section
						25292.3,
						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 16 - Underground Tank Regulations › Article 11 - CORRECTIVE ACTION REQUIREMENTS › Section 2720 - Additional Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Unless the context clearly requires otherwise, the
					 following definitions shall apply to terms used in this Article.
"Corrective action" means any activity necessary to
					 investigate and analyze the effects of an unauthorized release; propose a
					 cost-effective plan to adequately protect human health, safety, and the
					 environment and to restore or protect current and potential beneficial uses of
					 water; and implement and evaluate the effectiveness of the activity(ies).
					 Corrective action does not include any of the following activities:
(1) Detection, confirmation, or reporting of
				  the unauthorized release; or
(2)
				  Repair, upgrade, replacement or removal of the underground storage
				  tank.
"Cost-effective" means actions that achieve similar or
					 greater water quality benefits at an equal or lesser cost than other corrective
					 actions.
"Federal act" means Subchapter IX (commencing with Section
					 6991) of Chapter 82 of Title 42 of
					 the United States Code, as added by the Hazardous and Solid Waste Amendments of
					 1984 (P.L.
					 98-616), or as it may subsequently be amended or
					 supplemented, and the regulations adopted pursuant thereto.
"Regulatory agency" means the Board, regional board, or any
					 local, state, or federal agency which has responsibility for regulating
					 underground storage tanks or which has responsibility for overseeing cleanup of
					 unauthorized releases from underground storage tanks.
"Responsible party" means one or more of the
					 following:
(1) Any person who owns or
				  operates an underground storage tank used for the storage of any hazardous
				  substance;
(2) In the case of any
				  underground storage tank no longer in use, any person who owned or operated the
				  underground storage tank immediately before the discontinuation of its
				  use;
(3) Any owner of property
				  where an unauthorized release of a hazardous substance from an underground
				  storage tank has occurred; and
(4)
				  Any person who had or has control over a underground storage tank at the time
				  of or following an unauthorized release of a hazardous substance.
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).
Note: Authority cited: Section
						25299.77,
						Health and Safety Code. Reference: Section
						25299.37,
						Health and Safety Code and 40 CFR Section 280.12.
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 2721 - General Applicability of Article

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Responsible parties for an underground storage tank shall comply with the
				  requirements of this article whenever there is any reportable unauthorized
				  release pursuant to Section
				  25295 of Chapter 6.7.
(b) Responsible parties shall take corrective
				  action in compliance with the following requirements:
(1) all applicable waste discharge
				  requirements or other order issued pursuant to Division 7, commencing with
				  Section
				  13000 of the
				  Porter-Cologne Water Quality Control Act (Water Code);
(2) all applicable state policies for water
				  quality control adopted pursuant to Article 3 (commencing with Section
				  13140) of Chapter 3 of Division 7
				  of the Water Code;
(3) all
				  applicable water quality control plans adopted pursuant to Article 3
				  (commencing with Section
				  13240) of Chapter 4 of Division 7
				  of the Water Code;
(4) all
				  applicable requirements of Chapter 6.7 (commencing with Section
				  25280) and the regulations
				  (Chapter 16, Title 23 CCR) promulgated thereto; and
(5) all applicable requirements of Article 4
				  of Chapter 6.75 of the Health and Safety Code, the applicable provisions of
				  this Chapter, and the Federal act.
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 2722 - Scope of Corrective Action

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Corrective action includes one or more of the following phases:
(1) Preliminary Site Assessment
				  Phase
(2) Soil and Water
				  Investigation Phase;
(3) Corrective
				  Action Plan Implementation Phase; and
(4) Verification Monitoring
				  Phase.
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 2723 - Preliminary Site Assessment Phase

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Preliminary Site Assessment Phase includes, at a minimum, initial site
				  investigation, initial abatement actions and initial site characterization in
				  accordance with Sections
				  2652,
				  2653, and
				  2654 of Article 5 and any interim
				  remedial actions taken in accordance with Section
				  2722(b) of this
				  Article.
(b) Implementation of any
				  of the interim remedial actions or any of the activities included in the
				  Preliminary Site Assessment Phase shall constitute initiation of corrective
				  action.
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).
Note: Authority cited: Section
						25299.77,
						Health and Safety Code. Reference: Sections
						25295,
						25298
						and
						25299.37,
						Health and Safety Code and 40 CFR Sections 280.61 and
						280.62.
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 2724 - Conditions That Require Soil and Water Investigation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The responsible party shall conduct investigations of the
					 unauthorized release, the release site, and the surrounding area possibly
					 affected by the unauthorized release, if any of the following conditions
					 exists:
(1) There is evidence that
				  surface water or ground water has been or may be affected by the unauthorized
				  release;
(2) Free product is found
				  at the site where the unauthorized release occurred or in the surrounding
				  area;
(3) There is evidence that
				  contaminated soils are or may be in contact with surface water or ground water;
				  or
(4) The regulatory agency
				  requests an investigation, based on the actual or potential effects of
				  contaminated soil or ground water on nearby surface water or ground water
				  resources or based on the increased risk of fire or explosion.
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).
Note: Authority cited: Section
						25299.77,
						Health and Safety Code. Reference: Section
						25299.37,
						Health and Safety Code and 40 CFR Sections 280.61 through
						280.64