REMOVAL_2008 CLOSURE IN PLACE - Laserfiche WebLink

Home Browse Search

Cal.Code Regs.Title 23,Division 3,Chapter 16,Underground Tank Regulations Article 2. General Provisions §2620.General Intent,Content,Applicability and Implementation of Regulations. (a) The regulations in this chapter are intended to protect waters of the state from discharges of hazardous substances from underground storage tanks. These regulations establish construction requirements for new underground storage tanks; establish separate monitoring requirements for new and existing underground storage tanks; establish uniform requirements for unauthorized release reporting,and for repair,upgrade,and closure of underground storage tanks; and specify variance request procedures. (b)Owners and operators shall comply with these regulations except as otherwise specifically provided herein.If the operator is not the owner, then the owner shall enter into a written contract with the operator requiring the operator to monitor the underground storage tank; maintain appropriate records; and implement reporting procedures as required by any applicable permit. Both the owner and operator are responsible for assuring that the underground storage tank system is repaired or upgraded in accordance with Article 6,or closed in accordance with Article 7,as appropriate. (c)Counties shall implement the regulations in this chapter within both the incorporated and unincorporated areas of the county through the issuance of underground storage tank operating permits to underground storage tank owners. A city may, by ordinance, assume the responsibility for implementing the provisions of this chapter within its boundaries in accordance with section 25283 of the Health and Safety Code.Local agencies shall issue an operating permit for each underground storage took, for several underground storage tanks,or for each facility,as appropriate,within theirjurisdiction. (d)Owners and operators shall comply with the construction and monitoring requirements of Article 3(new underground storage tanks) or the monitoring requirements of Article 4 (existing underground storage tanks). However, owners of existing underground storage tanks which meet the construction and monitoring requirements of Article 3 may be issued operating permits pursuant to the requirements of Article 3 in lieu of the requirements of Article 4. In addition, owners or operators of underground storage tanks shall comply with the release reporting requirements of Article 5,the repair and upgrade requirements of Article 6,the closure requirements of Article 7,the underground storage tank operating permit requirements of Article 10 and the corrective action requirements of Article 11. Authority:Sections 25299.3 and 25299.7,Health and Safety Code. Reference:Sections 25283,25284,25299.1 and 25299.3,Health and Safety Code;40 CFR 280. §2621.Exemptions to the Regulations. (a)The term"underground storage tank" excludes the following,except those of the following included in the definition of an underground storage tank in 40 CFR,part 280.12 as modified by paragraphs(b),(c),(d),of 40 CFR,part 280.10. (1)A farm tank. (2)A hearing oil tank. (3)A hydraulic lift tank in accordance with section 25281(x)of the Health and Safety Code. (4)A liquefied petroleum gas tank. (5)A liquid asphalt tank. (6)A septic tank. (7)A sump,pit,pond,or lagoon. (8)A wastewater treatment tank except a tank which is part of an underground storage tank system. (9)A pipeline located in a refinery or in an oil field unless the pipeline is connected to an underground storage tank. (10)Storm water or wastewater collection systems. (11)Tanks containing radioactive material such as spent fuel pools,radioactive waste storage tanks,and similar tanks under the Atomic Energy Act of 1954(42 USC 201 I)and following. (12)An emergency containment tank kept empty to receive accidental spills and approved for such use by the appropriate local agency. (13)Drams located in basements and which contain 55 gallons or less of a hazardous substance. (14)Underground storage tanks containing hazardous wastes as defined in Section 25316 of the Health and Safety Code if the person owning or operating the underground storage tank has been issued a hazardous waste facilities permit for the underground storage tank by the Department of Toxic Substances Control pursuant to section 25200 of the Health and Safety Code or granted interim status under section 25200.5 of the Health and Safety Code. 6