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
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