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 2717.1 - Affixing Red Tags

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Upon the discovery of a significant violation that poses an imminent threat to
				  human health or safety or the environment, the local agency may immediately
				  affix a red tag to the fill pipe of the non-compliant underground storage tank
				  system using a tamper-resistant strap or straps, fill pipe bag, or any
				  combination thereof so that the tag is visible to any person attempting to
				  deliver petroleum to the underground storage tank. Immediately after affixing a
				  red tag pursuant to this subdivision, the local agency shall notify the
				  operator, if present on site, of the significant violation(s) for which the red
				  tag was issued. Within 24 hours of affixing a red tag pursuant to this
				  subdivision, the local agency shall notify the owner of the significant
				  violation(s) for which the red tag was issued.
(b) Upon the discovery of a significant
				  violation that does not pose an imminent threat to human health or safety or
				  the environment and that is not otherwise exempt pursuant to Section
				  2717.4, the local agency may issue
				  a notice of significant violation to the owner and operator identifying the
				  significant violation(s). If the owner or operator fails to correct the
				  significant violation within seven business days from receipt of the notice,
				  the local agency may affix a red tag to the fill pipe of the non-compliant
				  underground storage tank system using a tamper-resistant strap or straps, fill
				  pipe bag, or any combination thereof so that the tag is visible to any person
				  attempting to deliver petroleum to the underground storage tank.
(c) Before affixing a red tag to the fill
				  pipe of an underground storage tank system, the local agency shall document the
				  level of stored product in the tank.
(d) The board shall provide red tags, fill
				  pipe bags, and tamper-resistant straps made of nylon or other durable, damage
				  resistant material to local agencies upon request, and local agencies shall use
				  only red tags, fill pipe bags, and tamper-resistant straps provided by the
				  board.
(e) No owner or operator of
				  a facility may deposit or allow the deposit of petroleum into an underground
				  storage tank system that has a red tag affixed to the system's fill
				  pipe.
(f) No person may deposit
				  petroleum into an underground storage tank system that has a red tag affixed to
				  its fill pipe.
(g) Except as
				  otherwise provided in Section
				  2717.2, no person shall remove,
				  deface, alter, or otherwise tamper with a red tag so that the information
				  contained on the tag is not legible.
(h) If a permit is required by the local
				  agency in order to correct one or more significant violations identified
				  pursuant to subdivisions (a) or (b), the local agency shall, to the extent
				  feasible, expedite its review and issuance of such permit(s).
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.