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Ch. 15, Art. 10-4 <br />the requirements of subsections (b) through (f) of this section to attest that the tank system was properly designed <br />and installed and that repairs, pursuant to subsection (b) and (d) of this section were performed. These written <br />statements shall also include the certification statement as required in section 66270.11(d) of this division. <br />(h)(1) Notwithstanding subsections (a) through (g) of this section, design and installation of new tank <br />systems or components used to manage hazardous waste, and which meet the criteria specified in subsection (h)(2) <br />of this section, are not subject to the requirements of subsections (h) through (m) of this section until January 24, <br />1998. The assessment specified in subsection (k) of this section shall be obtained prior to placing a new tank system <br />in service and shall be kept on file at the facility. This assessment shall be reviewed and certified by an independent, <br />qualified, professional engineer, registered in California, in accordance with section 66270.11(d), attesting that the <br />tank system has sufficient structural integrity and is acceptable for the transferring, storing and treating of hazardous <br />waste. The assessment shall be valid for a maximum period of five (5) years or the remaining service life of the tank <br />system, as stated in the engineers assessment, whichever is less. New tank systems that have been assessed <br />pursuant to subsections (a) through (g) of this section prior to June 1, 1995 are not required to be reassessed <br />pursuant to subsection (k) for a period of five years from the date of the assessment or June 1, 2000, whichever is <br />the earlier date. If changes have been made to the tank system or new components have been added to the tank <br />system subsequent to an assessment conducted prior to June 1, 1995, the tank system shall be reassessed pursuant <br />to subsection (k). <br />(2) The provisions of subsection (h)(1) of this section apply only to: <br />(A) onground or aboveground tank systems containing only non-RCRA hazardous wastes generated onsite, <br />and tank systems authorized under Permit -by -Rule pursuant to Chapter 45 of this division, Conditional Authorization <br />pursuant to HSC 25200.3, and Conditional Exemption pursuant to HSC 25201.5, and <br />(B) onground or aboveground tank systems containing RCRA hazardous wastes generated onsite, if: <br />1. the owner or operator is a conditionally exempt small quantity generator as defined in 40 CFR section <br />261.5, or a small quantity generator of more than 100 kg but less than 1000 kg per month as defined in 40 CFR <br />section 265.201, or <br />2. the owner or operator is not subject to regulation in 40 CFR part 265 pursuant to an exemption in 40 CFR <br />section 265. 1, but the owner or operator is subject to the standards of this article. <br />(i) A generator or owner or operator authorized pursuant to Permit -by -Rule pursuant to Chapter 45 of this <br />division, Conditional Authorization pursuant to HSC 25200.3, or Conditional Exemption pursuant to HSC 25201.5, <br />operating a non-RCRA underground tank system or an underground tank system otherwise exempt from permitting <br />requirements pursuant to the federal act, shall comply with the applicable standards of Title 23 of the California Code <br />of Regulations relating to underground tank systems. <br />0) New, onground or aboveground non-RCRA tank systems or tank systems otherwise exempt from <br />permitting requirements pursuant to the federal act, with secondary containment, whose design and installation have <br />been approved by a local agency or agencies, may, at the discretion of the CUPA, be exempt from the engineering <br />assessment specified in subsection (k) of this section, provided minimum criteria specified in subsections 0)(1) <br />through 0)(3) of this section are met. If the CUPA determines to exempt a new tank system from the assessment <br />required pursuant to this subsection, the exemption shall be for a period of not more than three (3) years from the <br />date the exemption was granted. The tank system owner or operator shall submit documentation of local agency <br />approval to the applicable CUPA for review and possible acceptance in lieu of the assessment specified in subsection <br />(k) of this section. If there is no CUPA, or the CUPA requests that the Department make a determination, the <br />documentation shall be submitted to the Department. <br />(1) tank system must have secondary containment capable of containing 100 percent of the contents of the <br />tank and ancillary piping volume; and <br />(2) if tank system is exposed to precipitation, the secondary containment system must have sufficient <br />capacity, in addition to that required in subsection 0)(1) of this section, to contain run-on and infiltration from a 25 - <br />year, 24-hour rainfall event; <br />(3) tank system secondary containment shall be provided with a leak detection system that is designed and <br />operated so that it will detect either the failure of the primary and secondary containment structure or any release of <br />hazardous waste or accumulated liquid in the secondary containment system within 24 hours, or at the earliest <br />practicable time if the existing detection technology or site conditions will not allow detection of a release within 24 <br />hours. <br />(k) The tank system assessment shall include all of the following information: <br />(1) tank configuration (i.e., horizontal, vertical), material of construction, and gross capacity (in gallons); <br />(2) design standard(s), if available, according to which the tank and ancillary equipment were or will be <br />constructed and all of the following information; <br />(A) material of construction; <br />(B) material thickness and the method used to determine the thickness; <br />(C) description of tank system piping (material, diameter); <br />(D) description of any internal and external pumps; and <br />(E) sketch or drawing of tank including dimensions. <br />(3) documented age of the tank system (if tank was previously used), if available, (otherwise, an estimate of <br />the age); <br />(4) description and evaluation of any leak detection equipment; <br />(5) description and evaluation of any corrosion protection equipment, devices, or material; <br />(6) description and evaluation of any spill prevention or overfill equipment; <br />Unofficial Title 22 0 2005 State of California, all rights reserved. May not be commercially reproduced or sold. 6/9/08 <br />