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DRAFT <br /> Several statutory and regulatory provisions provide the State Water Resources <br /> Control Board (SWRCB), Regional Water Quality Control Boards (RWQCBs), and local <br /> agencies with broad authority to require responsible parties to clean up a release from a <br /> petroleum UST. (e.g., Health & Saf. Code, § 25299.37; Wat. Code, § 13304, subd. (a)). <br /> The County has been designated as an agency to participate in the local oversight <br /> program for the abatement of, and oversight of the abatement of, unauthorized releases of <br /> hazardous substances from USTs. (Health& Saf. Code, § 25297.1). The SWRCB has <br /> promulgated regulations specifying corrective action requirements for petroleum UST <br /> cases. (Cal. Code of Regs., tit. 23, §§ 2720-2728). The regulations define corrective <br /> action as "any activity necessary to investigate and analyze the effects of an unauthorized <br /> release, propose a cost-effective plan to adequately protect human health, safety and the <br /> environment and to restore or protect qurrent and potential beneficial uses of water, and <br /> implement and evaluate the effectiveness of the activity(ies)." (Cal. Code Regs., tit. 23, <br /> § 2720). Corrective action consists of one or more of the following phases: (1) <br /> preliminary site investigation, (2) soil and water investigation, (3) corrective action plan <br /> implementation, and (4) verification monitoring. (Cal. Code Regs., tit. 23, § 2722, <br /> subd. (a)). <br /> The preliminary site assessment phase includes initial site investigation, initial <br /> abatement actions, initial site characterization, and any interim remedial action. <br /> (Cal. Code Regs., tit. 23, § 2723, subd. (a)). Corrective action is complete at the <br /> conclusion of the preliminary site assessment phase, unless conditions warrant a soil and <br /> water investigation. A soil and water investigation is required if any of the following <br /> conditions exists: (1) There is evidence that surface water or ground water has been or <br /> may be affected by the unauthorized release; (2) Free product is found at the site where <br /> the unauthorized release occurred or in the surrounding area; (3) There is evidence that <br /> contaminated soils are or may be in contact with surface water or groundwater; or(4) The <br /> regulatory agency requests an investigation, based on the actual or potential effects of <br /> contaminated soil or groundwater on nearby surface water or ground water resources or <br /> based on the increased risk of fire or explosion. (Cal. Code Regs., tit. 23, § 2724). <br /> 2 <br />