(4) Before the tank is placed back into service following the (1) Demonstrates to the local agency that all residual amounts of
<br /> repair, the tank is tested in the operating condition using the the hazardous substance or hazardous substances which were stored
<br /> precision test defined by the National Fire Protection Association in the tank prior to its closure have been removed,properly disposed
<br /> Pamphlet 329,"Recommended Practice for Handling Underground of, and neutralized.
<br /> Leakage of Flammable and Combustible Liquids;' as amended, for (2) Adequately seals the tank to minimize any threat to the public
<br /> proving the integridty of an underground storage tank. safety and the possibility of water intnrston into, or runoff from, the
<br /> (b) Thin Ixlrt tuayy aol,t regulations, in conetdtatlon with the lank
<br /> State Fire Marshal, fur the repast of underground storage tanka, (3) Ilrovidua Igor, and c•unlna out, the olainlmrunea of the lank as
<br /> which may Include, but are not hmttnd to, a requirernent that a Inst the local ilaon/y dnterndnre Is uaeemay for the pnriod of time the
<br /> Ito atindualed to datrrrnn4r whether the Interior.curling lmwasa has local akulu'y unpurae.
<br /> Yrnded fu the wall of tion tank Tha etandarda sprctflad In thio, enation (4) benronstrvdes to Ilu+ local akxney Ihnl Ihete has been nn
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<br /> monitoring walls adjacent to an underground storage tank and which than five thousarid dullara (661(Mi0) per day for any of the following:
<br /> is approved by the board. (1) Operates an underground storage tank which has not been
<br /> (d) If there has not been an unauthorized release, as defined in issued a permit.
<br /> subdivision (a) of Section 25254.4,from an underground storage tank (2) Fails to monitor the underground storage tank,as required by
<br /> containing motor vehicle fuel not tinder pressure, the permitholder the permit.
<br /> may line the interior of the tank as a preventative measure. If an (3) Fails to maintain records, as required by Section 25286.
<br /> unauthorized release occurs from a tank which was lined as a (4) Fails to report an unauthorized release, as required by
<br /> preventative measure, the permitholder shall not reline the tank Sections 25294 and 25295.
<br /> again. (5) Fails to properly close an underground storage tank, as
<br /> 25297. The local agency may request the following agencies to required by Section 25298.
<br /> h
<br /> utilize that agency's authority to remedy the effects of,and remove, (b) My owner an underground storage tank liable for a civil
<br /> penalty of not less than five hundred dollars ($500) or more than five
<br /> any hazardous substance which has been released from an thousand dollars ($5,000) per day for any of the following:
<br /> underground storage tank: (1) Failure to obtain a permit as specified by this chapter.
<br /> (a) The department which may take action pursuant to Chapter (2) Failure to repair an underground tank in accordance with this
<br /> 6.8 (commencing with Section 25300) and, for this purpose, any chapter.
<br /> unauthorized release shall be deemed a release as defined in Section (3) Abandonment or improper closure of any underground tank
<br /> 25320. subject to this chapter.
<br /> (b) A regional water quality control board may take action (4) Knowing failure to take reasonable and necessary steps to
<br /> pursuant to Division 7 (commencing with Section 13000) of the assure compliance with this chapter by the operator of an
<br /> Water Code and, for this purpose, the discharged hazardous underground tank.
<br /> substance shall be deemed a waste as defined in subdivision (d) of (c) Any person who falsifies any monitoring records required by
<br /> Section 13050. this chapter, or knowingly fails to report an unauthorized release,
<br /> '25M. (a) No person shall abandon an underground storage tank shall, upon conviction, be punished by a fine of not less than five
<br /> orclose or temporarily cease operating an underground storage tank, thousand dollars ($5,000) or more than ten thousand dollars
<br /> except as provided in this section. ($10,000),or by imprisonment in the county jail for not to exceed one
<br /> (b) An underground storage tank which is temporarily taken out year, or by both that fine and imprisonment.
<br /> of service, but which the operator intends to return to use, shall (d) In determining both the civil and criminal penalties imposed
<br /> continue to be subject to all the permit, inspection, and monitoring pursuant to this section, the court shall consider all relevant
<br /> requirements of this chapter, unless the operator complies with circumstances, including, but not limited to, the extent of harm or
<br /> subdivision (c) for the period of time the underground tank is not potential harm caused by the violation, the nature of the violation
<br /> in use. and the period of time over which it occurred, the frequency of past
<br /> (c) No person shall close an underground storage tank unless the violations,and the corrective action,if any,taken by the person who
<br /> person undertakes all of the following actions: holds the permit.
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