|
that program. The UPA may provide for a waiver of these fees when a state or
<br /> local government agency submits a tank facility statement.
<br /> 25270.8. Each owner or operator of a tank facility shall immediately, upon
<br /> discovery, notify the Office of Emergency Services and the UPA using the
<br /> appropriate 24-hour emergency number or the 911 number, as established by the
<br /> UPA, or by the governing body of the UPA, of the occurrence of a spill or other
<br /> release of one barrel (42 gallons) or more of petroleum that is required to be
<br /> reported pursuant to subdivision (a) of Section 13272 of the Water Code.
<br /> 25270. 9. (a) The board and the regional board may oversee cleanup or abatement
<br /> efforts, or cause cleanup or abatement efforts, of a release from a storage
<br /> tank at a tank facility.
<br /> (b) The reasonable expenses of the board and the regional board incurred in
<br /> overseeing, or contracting for, cleanup or abatement efforts that result from a
<br /> release at a tank facility is a charge against the owner or operator of the
<br /> tank facility. Expenses reimbursable to a public agency under this section are
<br /> a debt of the tank facility owner or operator, and shall be collected in the
<br /> same manner as in the case of an obligation under a contract, express or
<br /> implied.
<br /> (c) Expenses recovered by the board or a regional board pursuant to this
<br /> section shall be deposited into the Waste Discharge Permit Fund. These moneys
<br /> shall be separately accounted for, and shall be expended by the board, upon
<br /> appropriation by the Legislature, to assist regional boards and other public
<br /> agencies with authority to clean up waste or abate the effects of the waste, in
<br /> cleaning up or abating the effects of the waste on waters of the state, or for
<br /> the purposes authorized in Section 13443.
<br /> 25270. 11. (a) All moneys in the Environmental Protection Trust Fund may be
<br /> expended, upon appropriation by the Legislature, in the following manner:
<br /> (1) A portion of the funds, in an amount determined by the secretary in
<br /> consultation with the UPAS, to a training account established and maintained by
<br /> the secretary, to be used for purposes of training UPA personnel in the
<br /> requirements of this chapter.
<br /> (2) All remaining funds in the Environmental Protection Trust Fund, shall be
<br /> allocated to the UPAs, in accordance with a formula and process determined by
<br /> the secretary in consultation with the UPAS. The UPAs shall expend those funds
<br /> for the purpose of implementing this chapter. Eighty percent or less of each
<br /> UPA's allocation may be distributed to the UPA in advance of actual expenditure
<br /> by the UFA.
<br /> (b) All moneys remaining in the training account established pursuant to
<br /> paragraph (1) of subdivision (a) , as of June 1, 2011, may be expended pursuant
<br /> to paragraph (2) of subdivision (a) , upon appropriation by the Legislature.
<br /> (c) All moneys remaining in the Environmental Protection Trust Fund that
<br /> have not been expended, as of June 1, 2011, shall be expended pursuant to
<br /> paragraph (2) of subdivision (a) , upon appropriation by the Legislature.
<br /> (d) This section shall become inoperative on July 1, 2011, and, as of January
<br /> 1, 2012, is repealed, unless a later enacted statute, that becomes operative on
<br /> or before January 1, 2012, deletes or extends the dates on which it becomes
<br /> inoperative and is repealed.
<br /> 25270.12. (a) Any owner or operator of a tank facility who fails to prepare a
<br /> spill prevention control and countermeasure plan in compliance with subdivision
<br /> (a) of Section 25270. 4.5, to file a tank facility statement pursuant to
<br /> subdivision (a) of Section 25270. 6, to submit the fee required by subdivision
<br /> (b) of Section 25270. 6, to report spills as required by Section 25270.8, or
<br /> otherwise to comply with the requirements of this chapter, is subject to a
<br /> civil penalty of not more than five thousand dollars ($5, 000) for each day on
<br /> which the violation continues. If the owner or operator commits a second or
<br /> subsequent violation, a civil penalty of not more than ten thousand dollars
<br /> ($10, 000) for each day on which the violation continues may be imposed.
<br />
|