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0 EnforcementP • icy 0 Underground Storage Tanks (USTI/ PROCEDURE TO AFFIX RED TAGS Authority -California Health and Safety Code Section 25292.3 and California Code of Regulations Section 2717-2717.7 USTs with an Imminent Threat 1 to Human Health or Safety or the Environment • ICC Certified UST Inspector identifies a Significant Violation* of the UST law or regulation • Obtain approval from EHD Supervisor (PC or Lead Senior) to proceed • Inspector will notify operator, if onsite • Inspector shall document level of stored product in tank • Inspector will affix red tag to fill pipe of non-compliant tank • Inspector will immediately (no later than 24 hours) notify the tank owner of the significant violations requiring red tag USTs with NO Imminent Threat to Human Health or Safety or the Environment ICC Certified UST Inspector identifies a Significant Violation that is not otherwise exempt2 Inspector issues notice of Significant Violation to owner/operator identifying the violations If not corrected within 7 days (from receipt of notice), Inspector will: 1. Obtain approval from EHD Supervisor (PC or Lead Senior) to proceed 2. Document level of stored product in tank 3. Affix red tag to fill pipe of non-compliant tank *Significant Violation means any of the following: • A violation that is causing, or threatens to cause a liquid release of petroleum from an underground storage tank system, including, but not limited to: the failure of any required overfill prevention system, where the failure is causing or threatens to cause a release; or the failure of a required spill containment structure, where the failure is causing or threatens to cause a release to the environment due to a spill or an overfill. • A violation that impairs the ability of an underground storage tank system to detect a liquid leak or contain a liquid release of petroleum in the manner required by law, including, but not limited to: tampering with leak detection equipment so that the equipment is no longer capable of detecting a leak at the earliest possible opportunity. • A chronic violation or a violation that is committed by a recalcitrant violator. In determining whether a violation is chronic or a violator is recalcitrant, the local agency shall consider whether there is evidence indicating that the violator has engaged in a pattern of neglect or disregard with respect to any requirement in Title 23 (not including corrective action). 1 -Imminent threat to human health or safety or the environment means a condition that creates a substantial probability of harm, when the probability and potential extent of harm make it reasonably necessary to take immediate action to prevent, reduce, or mitigate the actual or potential damages to human health or safety or the environment. 2 -If a UST system component is found to be in Significant Violation during periodic testing a notice of Significant Violation may be issued or a red tag affixed only if: • The violation poses an imminent threat to human health or safety or the environment • There is evidence the component in violation has been tampered with; or • The owner/operator fails to take appropriate action to correct the violation RED TAG REMOVAL -See "Procedure to Remove Red Tags" U:\Unit-111\2300 - Underground Tanks\Enforcement PoliciesVedtagaffix 4/9/10