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CCR,TITLE 23, DIVISION 3, CHAPTER 16, UNDERGROUND STORAGE TANK REGULATIONS CCR, TITLE 23, DIVISION 3, CHAPTER 16, UNDERGROUND STORAGE TANK REGULATIONS ARTICLE 111. CORRECTIVE ACTION REQUIREMENTS Authority: H&SC 25299.77 Reference: H&SC Section 25299.37 and 40 CFR Section 280.12 2720. Additional Definitions 2721. General Applicability of Article Unless the context clearly indicates otherwise,the following definition shall apply to terms used in this Article. (a) Responsible parties for an underground storage tank shall comply with the requirements of this article whenever there is any reportable unauthorized "Corrective action"means any activity necessary to investigate and analyze the effects release pursuant to Section 25295 of Chapter 6.7. of an unauthorized release;propose a cost-effective plan to adequately protect human health,safety,and the environment and to restore or protect current and potential (b) Responsible parties shall take corrective action in compliance with the following beneficial uses of water;and Implement and evaluate the effectiveness of the requirements: activity(ies). Corrective action does not include any of the following activities: (1) all applicable waste discharge requirements or other order issued ( (1) Detection,confirmation,or reporting of the unauthorized release;or pursuant to Division 7, commencing with section 13000 of the Porter- Cologne Water Quality Control Act(Water Code); (2) Repair, upgrade,replacement or removal of the underground storage tank. (2) all applicable state policies for water quality control adopted pursuant to "Cost effective"means actions that achieve similar or greater water quality benefits at Article 3 (commencing with Section 13140)of Chapter 3 of Division 7 of an equal or lesser cost than other corrective actions. the Water Code; "Federal act"means Subchapter IX(commencing with Section 6991) of Chapter 82 of (3) all applicable water quality control plans adopted pursuant to Article 3 Title 42 of the United States Code,as added by the Hazardous and Solid Waste (commencing with Section 13240)of Chapter 4 of Division 7 of the Amendments of 1984 (P.L.98-616),or as it may subsequently be amended or Water Code; supplemented,and the regulations adopted pursuant thereto. (4) all applicable requirements of Chapter 6.7 (commencing with Section "Regulatory agency"means the Board,regional board, or any local, state,or federal 25280) and the regulations(Chapter 16,Title 23 CCR) promulgated agency which has responsibility for regulating underground storage tanks or which has thereto;and responsibility for overseeing cleanup of unauthorized releases from underground storage tanks. (5) all applicable requirements of Article 4 of Chapter 6.75 of the Health and Safety Code, the applicable provisions of this Chapter, and the Federal "Responsible party"means one or more of the following: act. (1) Any person who owns or operates an underground storage tank used for the (c) When acting as the regulatory agency,the Board or regional board shall take storage of any hazardous substance; appropriate action pursuant to Division 7, commencing with Section 13000 of ' the California Water Code,to ensure that corrective action complies with the (2) In the case of any underground storage tank no longer in use,any person who applicable policies for water quality control and applicable water quality control owned or operated the underground storage tank immediately before the plans. discontinuation of its use; (d) The regulatory agency responsible for overseeing corrective action at an (3) Any owner of property where an unauthorized release of a hazardous substance underground storage tank site shall comply with the applicable public from an underground storage tank has occurred;and participation provisions of Section 2728 of this Article. (4) Any person who had or has control over an underground storage tank at the (e) Upon completion of required corrective action, the regulatory agency shall time of or following an unauthorized release of a hazardous substance. inform the responsible party in writing that no further work is required at that 11 - 1 11 -2 ,o c-