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occurred from the primary tank system and has migrated beyond the zone of <br /> engineering control (as established in the variance), shall: <br /> (A) comply with the requirements of section 66265.196(a), (b), (c), (d) and (e); <br /> and <br /> (B) prevent the migration of hazardous waste or hazardous constituents to <br /> ground water or surface water, if possible, and decontaminate or remove <br /> contaminated soil. If contaminated soil cannot be decontaminated or removed, or <br /> if ground water has been contaminated, the owner or operator shall comply with <br /> the requirements of section 66265.197(b); <br /> (C) if repairing, replacing, or reinstalling the tank system, provide secondary <br /> containment in accordance with the requirements of subsections (a) through (f) of <br /> this section or reapply for a variance from secondary containment and meet the <br /> requirements for new tank systems in section 66265.192 if the tank system is <br /> replaced. The owner or operator shall comply with these requirements even if <br /> contaminated soil can be decontaminated or removed, and ground water or <br /> surface water has not been contaminated. <br /> (h) The following procedures shall be followed in order to request a variance <br /> from secondary containment: <br /> (1) The Department shall be notified in writing by the owner or operator that the <br /> facility intends to conduct and submit a demonstration for a variance from <br /> secondary containment as allowed in subsection (g) of this section at least 24 <br /> months prior to the date that secondary containment is required to be provided in <br /> accordance with subsection (a) of this section. <br /> (2) As part of the notification, the owner or operator shall also submit to the <br /> Department a description of the steps necessary to conduct the demonstration <br /> and a timetable for completing each of the steps. The demonstration shall <br /> address each of the factors listed in subsection (g)(1) or subsection (g)(2) of this <br /> section. <br /> (3) The demonstration for a variance shall be completed and submitted to the <br /> Department within 180 days after notifying the Department of intent to conduct <br /> the demonstration. <br /> (4) The Department will inform the public, through a newspaper notice, of the <br /> availability of the demonstration for a variance. The notice shall be placed in a <br /> daily or weekly major local newspaper of general circulation and shall provide at <br /> least 30 days from the date of the notice for the public to review and comment on <br /> the demonstration for a variance. The Department also will hold a public hearing, <br /> in response to a request or at the Department's own discretion, whenever such a <br /> hearing might clarify one or more issues concerning the demonstration for a <br /> variance. Public notice of the hearing will be given at least 30 days prior to the <br /> date of the hearing and may be given at the same time as notice of the <br /> opportunity for the public to review and comment on the demonstration. These <br /> two notices may be combined. <br /> (5) The Department will approve or disapprove the request for a variance within <br /> 90 days of receipt of the demonstration from the owner or operator and will notify <br />