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Ch. 15, Art. 10-9
<br />(i) All tank systems, until such time as secondary containment meeting the requirements of this section is
<br />provided, shall comply with the following:
<br />(1) for non -enterable underground tanks, a leak test that meets the requirements of section 66265.191(b)(5)
<br />shall be conducted at least annually;
<br />(2) for other than non -enterable underground tanks and for all ancillary equipment, an annual leak test, as
<br />described in paragraph (i)(1) of this section, or an internal inspection or other tank integrity examination by an
<br />independent, qualified, professional engineer, registered in California, that addresses cracks, leaks, corrosion, and
<br />erosion shall be conducted at least annually. The owner or operator shall remove the stored waste from the tank, if
<br />necessary, to allow the condition of all internal tank surfaces to be assessed.
<br />(3) The owner or operator shall maintain on file at the facility a record of the results of the assessments
<br />conducted in accordance with subsections (i)(1) and (i)(2) of this section.
<br />(4) If a tank system or component is found to be leaking or unfit for use as a result of the leak test or
<br />assessment in subsections (i)(1) and (i)(2) of this section, the owner or operator shall comply with the requirements of
<br />section 66265.196.
<br />0)(1) Notwithstanding subsections (a) through (c) of this section, secondary containment that meets the
<br />requirements of subsection (0 shall be provided for tank systems used to manage hazardous wastes generated
<br />onsite, and which meet the criteria specified in subsection 0)(2) of this section:
<br />(A) prior to the tank system or component being placed in service for new tank systems or components; or
<br />(B) by January 24, 1998 for existing tank systems.
<br />(2) The provisions of subsection 0)(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 />(k) 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 />(p Secondary containment for onground or aboveground generator and onsite tier (Permit -by Rule,
<br />Conditional Authorization, and Conditional Exemption), non-RCRA tank systems or tank systems otherwise exempt
<br />from permitting requirements pursuant to the federal act, shall consist of any of the devices listed in subsection (d)
<br />and satisfy the requirements of (e) of this section or consist of any device or combination of devices as approved in
<br />writing by the CUPA, or the Department if there is no CUPA or the CUPA requests that the Department make a
<br />determination, which would satisfy the following minimum requirements:
<br />(1) designed, installed, and operated to prevent any migration of wastes or accumulated liquid out of the
<br />system to the soil, ground water, surface water, or air at any time during the use of the tank system; and
<br />(2) capable of detecting and collecting releases and accumulated liquids until the collected material is
<br />removed.
<br />(m) Ancillary equipment shall be provided with secondary containment as specified in subsection (f) of this
<br />section or an alternative device or devices as approved in writing by the CUPA, or Department if there is no CUPA or
<br />the Department if the CUPA requests that the Department make a determination, which would prevent and/or detect
<br />any release of wastes out of the tank system before such wastes could migrate to the soil, ground water, or surface
<br />water at any time during the use of the tank system. The following are examples of tank system and ancillary
<br />equipment secondary containment alternatives or options that may be proposed for review and approval by the
<br />CUPA:
<br />(1) traditional containment of entire tank system within a bermed containment area with visual and/or
<br />electronic leak detection monitoring;
<br />(2) troughs or pipe runs with impermeable liners that incorporate the following:
<br />(A) visual monitoring during hours of operation or;
<br />(B) continuous electronic leak detection monitoring for releases or;
<br />(C) sumps located at low elevations with leak detection monitors.
<br />(3) double -walled piping with continuous interstitial monitoring or monitoring intervals located at low
<br />elevation points along pipeline;
<br />(4) Double -walled piping with translucent or transparent sections located at low points or low endpoints so
<br />that visual monitoring is possible.
<br />(n) 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, and Conditional Exemption pursuant to HSC 25201.5,
<br />operating an onground or aboveground, non-RCRA tank system or a tank system otherwise exempt from permitting
<br />requirements pursuant to the federal act, that has 18 months or less remaining in service prior to planned closure of
<br />the tank system, may propose alternatives to retrofitting the tank system with secondary containment. Local agency
<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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