Laserfiche WebLink
Ms. Linda Turkatte LTR*003/TXTKFH <br /> March 7.5 , 1993 <br /> Page: 8 <br /> and "operator" as set forth in Chapter 6 .7 of the Health and <br /> Safety Code. <br /> Title 23 of the California Code of Regulations section <br /> 2720 provides additional definitions for the corrective <br /> action requirements including: <br /> "Responsible party" means one or more of <br /> the following: <br /> (1) Any person who owns or operates an <br /> underground storage tank used for the <br /> storage of any hazardous substance; <br /> ( 2) In the case of any underground storage <br /> tank no longer in use, any person who owned <br /> or operated the underground storage tank <br /> immediately before the discontinuation of <br /> its use; <br /> (3) Any owner of property where an unauthorized <br /> release of a hazardous substance from an <br /> underground storage tank has occurred; and <br /> (4) Any person who had or has control over a <br /> underground storage tank at the time of or <br /> following an unauthorized release of a hazardous <br /> substance. <br /> This regulation which adds definitions to the statute <br /> authorizes the State to identify those persons who "operate" <br /> an underground storage tank, those who had "operated" the <br /> tank before discontinuance of its use; and the person who had <br /> control over a tank at the time an unauthorized release of <br /> petroleum. State law and the regulations promulgated <br /> thereunder intended "owners and operators" of underground <br /> storage tanks as well as owners of the property to be <br /> responsible for the clean up or corrective action associated <br /> with leaking tanks. <br /> The provisions of the LOP allow select local agencies <br /> "to perform or cause to be performed, any clean up, <br /> abatement, or other action necessary to remediate the effects <br /> of a release of hazardous substances from an underground <br /> storage tank with respect to the local agency has enforcement <br /> authority pursuant to this section. " Health and Safety Code <br /> Section 25297 . 1 (a) . A portion of the LOP recoverable cost <br /> include "identification of responsible parties. " Id. <br /> Because the authority granted to local agencies under the LOP <br /> program is broad, for all intents and purposes, the <br /> participatory local agency is vested with authority to <br /> enforce the state law as set forth in the Health and Safety <br />