COMPLIANCE INFO_PRE 2019 - Laserfiche WebLink

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in writing the owner or operator and each person who submitted written comments or requested notice of the variance decision. If the demonstration for a variance is incomplete or does not include sufficient information, the 90-day time period will begin when the Department receives a complete demonstration, including all information necessary to make a final determination. If the public comment period in subsection (h)(4) of this section is extended, the 90-day time period will be similarly extended. (i) All tank systems, until such time as secondary containment meeting the requirements of this section is provided, shall comply with the following: (1) for non-enterable underground tanks, a leak test that meets the requirements of section 66265.191(b)(5) shall be conducted at least annually; (2) for other than non-enterable underground tanks and for all ancillary equipment, an annual leak test, as described in paragraph (i)(1) of this section, or an internal inspection or other tank integrity examination by an independent, qualified, professional engineer, registered in California, that addresses cracks, leaks, corrosion, and erosion shall be conducted at least annually. The owner or operator shall remove the stored waste from the tank, if necessary, to allow the condition of all internal tank surfaces to be assessed. (3) The owner or operator shall maintain on file at the facility a record of the results of the assessments conducted in accordance with subsections (i)(1) and (i)(2) of this section. (4) If a tank system or component is found to be leaking or unfit for use as a result of the leak test or assessment in subsections (i)(1) and (i)(2) of this section, the owner or operator shall comply with the requirements of section 66265.196. 0)(1) Notwithstanding subsections (a) through (c) of this section, secondary containment that meets the requirements of subsection (1) shall be provided for tank systems used to manage hazardous wastes generated onsite, and which meet the criteria specified in subsection 0)(2) of this section: (A) prior to the tank system or component being placed in service for new tank systems or components; or (B) by January 24, 1998 for existing tank systems. (2) The provisions of subsection 0)(1) of this section apply only to: (A) onground or aboveground tank systems containing only non-RCRA hazardous wastes generated onsite, and tank systems authorized under Permit- by-Rule pursuant to Chapter 45 of this division, Conditional Authorization pursuant to HSC 25200.3, and Conditional Exemption pursuant to HSC 25201.5, and (B) onground or aboveground tank systems containing RCRA hazardous wastes generated onsite, if: 1. the owner or operator is a conditionally exempt small quantity generator as defined in 40 CFR section 261.5, or a small quantity generator of more than 100 kg but less than 1000 kg per month as defined in 40 CFR section 265.201, or