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§66265.191. Assessment of Existing Tank System's Integrity.
<br />(a) For each existing tank system that does not have secondary containment meeting the requirements of
<br />section 66265.193, the owner or operator shall determine that the tank system is not leaking or is unfit for
<br />use. Except as provided in subsections (c) and (e) of this section, the owner or operator shall obtain and
<br />keep on file at the facility a written assessment reviewed and certified by an independent, qualified,
<br />professional engineer, registered in California, in accordance with section 66270.11(d), that attests to the
<br />tank system's integrity.
<br />(b) This assessment shall determine that the tank system is adequately designed and has sufficient
<br />structural strength and compatibility with the waste(s) to be transferred, stored or treated to ensure that it will
<br />not collapse, rupture, or fail. At a minimum, this assessment shall consider the following:
<br />(1) design standard(s), if available, according to which the tank and ancillary equipment were constructed;
<br />(2) hazardous characteristics of the waste(s) that have been or will be handled;
<br />(3) existing corrosion protection measures;
<br />(4) documented age of the tank system, if available, (otherwise, an estimate of the age); and
<br />(5) results of a leak test, internal inspection, or other tank integrity examination such that:
<br />(A) for non-enterable underground tanks, this assessment shall consist of a leak test that is capable of
<br />taking into account the effects of temperature variations, tank end deflection, vapor pockets, and high water
<br />table effects,
<br />(B) for other than non-enterable underground tanks and for ancillary equipment, this assessment shall be
<br />either a leak test, as described above, or an internal inspection and/or other tank integrity examination
<br />certified by an independent, qualified, professional engineer, registered in California, in accordance with
<br />section 66270.11(d) that addresses cracks, leaks, corrosion, and erosion.
<br />(c) For tank systems that transfer, store or treat materials that become hazardous wastes this assessment
<br />shall be conducted within 12 months after the date that the waste becomes a hazardous waste, except as
<br />provided in subsection (g) of this section.
<br />(d) If, as a result of the assessment conducted in accordance with subsection (a) or (e) of this section, a tank
<br />system is found to be leaking or unfit for use, the owner or operator shall comply with the requirements of
<br />section 66265.196.
<br />(e)(1) Notwithstanding subsections (a) through (c) of this section, for each existing tank system that does not
<br />have secondary containment meeting the requirements of section 66265.193 and which meets the criteria
<br />specified in subsection (e)(2) of this section, the assessment specified in subsection (g) of this section shall
<br />be conducted by January 24, 1998. This assessment shall be reviewed and certified by an independent,
<br />qualified, professional engineer, registered in California, in accordance with section 66270.11(d), that attests
<br />to the tank system's integrity. The assessment shall be kept on file at the facility until closure of the facility
<br />and shall be valid for a period of one year from the date the assessment was certified.
<br />(2) The provisions of subsection (e)(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
<br />Authorization
<br />Unofficial Title 22 C 2005 State of California, all rights reserved. May not be commercially reproduced or sold. 6/9/08
<br />Ch. 15, Art. 10-2
<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
<br />CFR 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.
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