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(C) if repairing, replacing, or reinstalling the tank system, provide secondary containment in <br /> accordance with the requirements of subsections (a) through (f) of this section or reapply for a <br /> variance from secondary containment and meet the requirements for new tank systems in section <br /> 66265.192 if the tank system is replaced. The owner or operator shall comply with these <br /> requirements even if contaminated soil can be decontaminated or removed, and ground water or <br /> surface water has not been contaminated. <br /> (h) The following procedures shall be followed in order to request a variance from secondary containment: <br /> (1) The Department shall be notified in writing by the owner or operator that the facility intends to <br /> conduct and submit a demonstration for a variance from secondary containment as allowed in subsection <br /> (g) of this section at least 24 months prior to the date that secondary containment is required to be <br /> provided in accordance with subsection (a) of this section. <br /> (2) As part of the notification, the owner or operator shall also submit to the Department a description of <br /> the steps necessary to conduct the demonstration and a timetable for completing each of the steps. The <br /> demonstration shall address each of the factors listed in subsection (g)(1) or subsection (g)(2) of this <br /> section. <br /> (3) The demonstration for a variance shall be completed and submitted to the Department within 180 <br /> days after notifying the Department of intent to conduct the demonstration. <br /> (4) The Department will inform the public, through a newspaper notice, of the availability of the <br /> demonstration for a variance. The notice shall be placed in a daily or weekly major local newspaper of <br /> general circulation and shall provide at least 30 days from the date of the notice for the public to review <br /> and comment on the demonstration for a variance. The Department also will hold a public hearing, in <br /> response to a request or at the Department's own discretion, whenever such a hearing might clarify one <br /> or more issues concerning the demonstration for a variance. Public notice of the hearing will be given at <br /> least 30 days prior to the date of the hearing and may be given at the same time as notice of the <br /> opportunity for the public to review and comment on the demonstration. These two notices may be <br /> combined. <br /> (5) The Department will approve or disapprove the request for a variance within 90 days of receipt of the <br /> demonstration from the owner or operator and will notify in writing the owner or operator and each <br /> person who submitted written comments or requested notice of the variance decision. If the <br /> demonstration for a variance is incomplete or does not include sufficient information, the 90-day time <br /> period will begin when the Department receives a complete demonstration, including all information <br /> necessary to make a final determination. If the public comment period in subsection (h)(4) of this <br /> section is extended, the 90- day time period will be similarly extended. <br /> (i) All tank systems, until such time as secondary containment meeting the requirements of this section is <br /> provided, shall comply with the following: <br /> (1) for non-enterable underground tanks, a leak test that meets the requirements of section <br /> 66265.191(b)(5) shall be conducted at least annually; <br /> (2) for other than non-enterable underground tanks and for all ancillary equipment, an annual leak test, <br /> as described in paragraph (i)(1) of this section, or an internal inspection or other tank integrity <br /> examination by an independent, qualified, professional engineer, registered in California, that addresses <br /> cracks, leaks, corrosion, and erosion shall be conducted at least annually. The owner or operator shall <br /> remove the stored waste from the tank, if necessary, to allow the condition of all internal tank surfaces <br /> to be assessed. <br /> (3) The owner or operator shall maintain on file at the facility a record of the results of the assessments <br /> conducted in accordance with subsections (i)(1) and (i)(2) of this section. <br /> (4) If a tank system or component is found to be leaking or unfit for use as a result of the leak test or <br /> assessment in subsections (i)(1) and (i)(2) of this section, the owner or operator shall comply with the <br />