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Ch. 15,Art. 10-8 1.the quantity and quality of ground water and the direction of ground-water flow, 2.the proximity and withdrawal rates of water in the area, 3.the current and future uses of ground water in the area, and 4.the existing quality of ground water, including other sources of contamination and their cumulative impact on the ground-water quality; (C)the potential adverse effects of a release on surface water quality,taking into account: 1.the quantity and quality of ground water and the direction of ground-water flow, 2.the patterns of rainfall in the region, 3.the proximity of the tank system to surface waters, 4.the current and future uses of surface waters in the area and any water quality standards established for those surface waters, and 5.the existing quality of surface water, including other sources of contamination and the cumulative impact on surface-water quality; and (D)the potential adverse effects of a release on the land surrounding the tank system, taking into account: 1.the patterns of rainfall in the region, and 2.the current and future uses of the surrounding land. (3)The owner or operator of a tank system, for which a variance from secondary containment has been granted in accordance with the requirements of subsection (g)(1)of this section, at which a release of hazardous waste has occurred from the primary tank system but has not migrated beyond the zone of engineering control (as established in the variance), shall: (A)comply with the requirements of section 66265.196, except subsection (e); and (B)decontaminate or remove contaminated soil to the extent necessary to: 1. enable the tank system,for which the variance was granted,to resume operation with the capability for the detection of and response to releases at least equivalent to the capability it had prior to the release, and 2. prevent the migration of hazardous waste or hazardous constituents to ground water or surface water; and (C)if contaminated soil cannot be removed or decontaminated in accordance with subsection (g)(3)(B)of this section, comply with the requirements of section 66265.197(b); (4)The owner or operator of a tank system, for which a variance from secondary containment has been granted in accordance with the requirements of subsection (g)(1)of this section, at which a release of hazardous waste has occurred from the primary tank system and has migrated beyond the zone of engineering control (as established in the variance), shall: (A)comply with the requirements of section 66265.196(a), (b), (c), (d)and (e); and (B)prevent the migration of hazardous waste or hazardous constituents to ground water or surface water, if possible, and decontaminate or remove contaminated soil. If contaminated soil cannot be decontaminated or removed, or if ground water has been contaminated,the owner or operator shall comply with the requirements of section 66265.197(b); (C)if repairing, replacing, or reinstalling the tank system, provide secondary containment in accordance with the requirements of subsections(a)through (f)of this section or reapply for a variance from secondary containment and meet the requirements for new tank systems in section 66265.192 if the tank system is replaced. The owner or operator shall comply with these requirements even if contaminated soil can be decontaminated or removed, and ground water or surface water has not been contaminated. (h)The following procedures shall be followed in order to request a variance from secondary containment: (1)The Department shall be notified in writing by the owner or operator that the facility intends to conduct and submit a demonstration for a variance from secondary containment as allowed in subsection (g)of this section at least 24 months prior to the date that secondary containment is required to be provided in accordance with subsection (a)of this section. (2)As part of the notification,the owner or operator shall also submit to the Department a description of the steps necessary to conduct the demonstration and a timetable for completing each of the steps. The demonstration shall address each of the factors listed in subsection (g)(1)or subsection (g)(2)of this section. (3)The demonstration for a variance shall be completed and submitted to the Department within 180 days after notifying the Department of intent to conduct the demonstration. (4)The Department will inform the public,through a newspaper notice, of the availability of the demonstration for a variance. The notice shall be placed in a daily or weekly major local newspaper of general circulation and shall provide at least 30 days from the date of the notice for the public to review and comment on the demonstration for a variance. The Department also will hold a public hearing, in response to a request or at the Department's own discretion, whenever such a hearing might clarify one or more issues concerning the demonstration for a variance. Public notice of the hearing will be given at least 30 days prior to the date of the hearing and may be given at the same time as notice of the opportunity for the public to review and comment on the demonstration. These two notices may be combined. (5)The Department will approve or disapprove the request for a variance within 90 days of receipt of the demonstration from the owner or operator and will notify in writing the owner or operator and each person who submitted written comments or requested notice of the variance decision. If the demonstration for a variance is incomplete or does not include sufficient information,the 90-day time period will begin when the Department receives a complete demonstration, including all information necessary to make a final determination. If the public comment period in subsection (h)(4)of this section is extended,the 90-day time period will be similarly extended. Unofficial Title 22©2005 State of California,all rights reserved.May not be commercially reproduced or sold. 6/9/08