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Resolution 4: An approved copy of the monitoring plans was confirmed to be onsite by the <br /> RGECS on 09/30/2019. The RGECS printed and placed a new copy onsite to replacing any/all <br /> damaged or worn out pages. <br /> Item 5: On your inspection report you noted that the previous inspection was performed on <br /> 09/17/2018 and no response was received within the 30-day deadline. You requested a response <br /> that includes a statement documenting corrective actions taken or proposed corrective actions <br /> that will be taken. <br /> Resolution 5: 7-Eleven's Regional Gasoline Environmental Compliance Manager responded to <br /> Inspector Barker on 10/3/2018 which was before the 10/17/2018 timeline. Due to this, 7-Eleven <br /> believes this item was written in error and asks that it be rescinded. A copy of the e-mail <br /> correspondence has been attached for your reference. <br /> Item 6: On your inspection you noted that liquid was found in the 91-fill sump. Additionally, <br /> you requested that all sumps be maintained free of liquid. <br /> Resolution: The liquid was removed by Tanknology at the time of the inspection as confirmed <br /> by your notes. As previously stated in 7-Eleven's prior response letters, 7-Eleven believes this <br /> violation to have been written in error. UST systems installed prior to 7/1/2003 were not <br /> designed or constructed to prevent the intrusion of water into portions of the secondary systems. <br /> These systems were designed and constructed to contain liquid or debris until discovered so that <br /> the liquid and debris could be managed and disposed of properly. Section 25291(e) of the <br /> California Health and Safety Code, which was noted on the inspection report, and Title 23 of the <br /> California Code of Regulations acknowledge this exception. Specifically, these provisions state: <br /> California Health and Safety Code—25291(e): <br /> "If water could enter into the secondary containment by precipitation or infiltration, the facility <br /> shall contain a means of monitoring for water intrusion and for removing the water by the owner <br /> or operator. This removal system shall also prevent uncontrolled removal of this water and <br /> provide for a means of analyzing the removed water for hazardous substance contamination and <br /> a means of disposing of the water, if so contaminated, at an authorized disposal facility. " <br /> Title 23, California Code of Regulations, Chapter 16—2631(d)(4): <br /> "The secondary containment system shall be equipped with a collection system to accumulate, <br /> temporarily store, and permit removal of any liquid within the system. " <br /> In this instance, since the underground storage tanks were installed on 6/23/2003, they are <br /> regulated by Section 25291(e) of the California Health and Safety Code and Title 23 of the <br /> California Code of Regulations and it is not a violation for liquid to be observed within the <br /> secondary containment. <br /> 7-Eleven,lnc. <br /> P.O.Box 711—Dallas,Texas 75221-0711 <br />