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(n) A generator or owner or operator authorized pursuant to Permit-by-Rule <br /> pursuant to Chapter 45 of this division, Conditional Authorization pursuant to <br /> HSC 25200.3, and Conditional Exemption pursuant to HSC 25201.5, operating <br /> an onground or aboveground, non-RCRA tank system or a tank system <br /> otherwise exempt from permitting requirements pursuant to the federal act, that <br /> has 18 months or less remaining in service prior to planned closure of the tank <br /> system, may propose alternatives to retrofitting the tank system with secondary <br /> containment. Local agency requirements must be considered when proposing <br /> alternatives to secondary containment. The owner or operator shall provide the <br /> following information in writing to the CUPA, or the Department if there is no <br /> CUPA or the CUPA requests that the Department make a determination, so that <br /> a determination can be made whether the proposed alternative would be <br /> acceptable: <br /> (1) name, address, and EPA identification number of the facility; <br /> (2) date of planned closure; <br /> (3) description of tank system to be closed and form of current authorization for <br /> the tank system; <br /> (4) description of how the proposed alternative would provide adequate <br /> environmental protection such that the design, installation, and operation will be <br /> capable of detecting a release and preventing any migration of wastes or <br /> accumulated liquid out of the system to the soil, ground water, surface water, or <br /> air at any time during the remaining life of the tank system. <br /> NOTE <br /> Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: <br /> Sections 25143, 25159 and 25159.5, Health and Safety Code; 40 CFR Section <br /> 265.193. <br /> HISTORY <br /> 1. New section filed 5-24-91; operative 7-1-91 (Register 91 , No. 22). <br /> 2. Amendment of section and Note filed 6-19-95 as an emergency; operative 6- <br /> 19-95 (Register 95, No. 25). A Certificate of Compliance must be transmitted to <br /> OAL by 10-17-95 or emergency language will be repealed by operation of law on <br /> the following day. <br /> 3. Amendment of section and Note refiled 10-16-95 as an emergency; operative <br /> 10-16-95 (Register 95, No. 42). A Certificate of Compliance must be transmitted <br /> to OAL by 2-13-96 or emergency language will be repealed by operation of law <br /> on the following day. <br /> 4. Amendment of section and Note refiled 2-16-96 as an emergency; operative <br /> 2-16-96 (Register 96, No. 7). A Certificate of Compliance must be transmitted to <br /> CAL by 6-15-96 or emergency language will be repealed by operation of law on <br /> the following day. <br /> 5. Amendment of section and Note refiled 6-17-96 as an emergency; operative <br /> 6-17-96 (Register 96, No. 25). A Certificate of Compliance must be transmitted to <br /> OAL by 10-15-96 or emergency language will be repealed by operation of law on <br /> the following day. <br />