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Ch. 15,Art. 10-4
<br /> the requirements of subsections(b)through(f)of this section to attest that the tank system was properly designed
<br /> and installed and that repairs, pursuant to subsection(b)and(d)of this section were performed.These written
<br /> statements shall also include the certification statement as required in section 66270.11(d)of this division.
<br /> (h)(1) Notwithstanding subsections(a)through(g)of this section, design and installation of new tank
<br /> systems or components used to manage hazardous waste, and which meet the criteria specified in subsection(h)(2)
<br /> of this section, are not subject to the requirements of subsections(h)through(m)of this section until January 24,
<br /> 1998. The assessment specified in subsection(k)of this section shall be obtained prior to placing a new tank system
<br /> in service and shall be kept on file at the facility. This assessment shall be reviewed and certified by an independent,
<br /> qualified, professional engineer, registered in California, in accordance with section 66270.11(d), attesting that the
<br /> tank system has sufficient structural integrity and is acceptable for the transferring, storing and treating of hazardous
<br /> waste. The assessment shall be valid for a maximum period of five(5)years or the remaining service life of the tank
<br /> system, as stated in the engineer's assessment,whichever is less. New tank systems that have been assessed
<br /> pursuant to subsections(a)through(g)of this section prior to June 1, 1995 are not required to be reassessed
<br /> pursuant to subsection(k)for a period of five years from the date of the assessment or June 1, 2000,whichever is
<br /> the earlier date. If changes have been made to the tank system or new components have been added to the tank
<br /> system subsequent to an assessment conducted prior to June 1, 1995,the tank system shall be reassessed pursuant
<br /> to subsection(k).
<br /> (2)The provisions of subsection(h)(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 Authorization
<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 CFR
<br /> 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.
<br /> (i)A generator or owner or operator authorized pursuant to Permit-by-Rule pursuant to Chapter 45 of this
<br /> division, Conditional Authorization pursuant to HSC 25200.3,or Conditional Exemption pursuant to HSC 25201.5,
<br /> operating a non-RCRA underground tank system or an underground tank system otherwise exempt from permitting
<br /> requirements pursuant to the federal act,shall comply with the applicable standards of Title 23 of the California Code
<br /> of Regulations relating to underground tank systems.
<br /> 0)New, onground or aboveground non-RCRA tank systems or tank systems otherwise exempt from
<br /> permitting requirements pursuant to the federal act,with secondary containment,whose design and installation have
<br /> been approved by a local agency or agencies, may, at the discretion of the CUPA, be exempt from the engineering
<br /> assessment specified in subsection(k)of this section, provided minimum criteria specified in subsections 0)(1)
<br /> through 0)(3)of this section are met. If the CUPA determines to exempt a new tank system from the assessment
<br /> required pursuant to this subsection,the exemption shall be for a period of not more than three(3)years from the
<br /> date the exemption was granted. The tank system owner or operator shall submit documentation of local agency
<br /> approval to the applicable CUPA for review and possible acceptance in lieu of the assessment specified in subsection
<br /> (k)of this section. If there is no CUPA, or the CUPA requests that the Department make a determination,the
<br /> documentation shall be submitted to the Department.
<br /> (1)tank system must have secondary containment capable of containing 100 percent of the contents of the
<br /> tank and ancillary piping volume; and
<br /> (2)if tank system is exposed to precipitation,the secondary containment system must have sufficient
<br /> capacity, in addition to that required in subsection 0)(1)of this section,to contain run-on and infiltration from a 25-
<br /> year, 24-hour rainfall event;
<br /> (3)tank system secondary containment shall be provided with a leak detection system that is designed and
<br /> operated so that it will detect either the failure of the primary and secondary containment structure or any release of
<br /> hazardous waste or accumulated liquid in the secondary containment system within 24 hours, or at the earliest
<br /> practicable time if the existing detection technology or site conditions will not allow detection of a release within 24
<br /> hours.
<br /> (k)The tank system assessment shall include all of the following information:
<br /> (1)tank configuration(i.e., horizontal, vertical), material of construction, and gross capacity(in gallons);
<br /> (2)design standard(s), if available, according to which the tank and ancillary equipment were or will be
<br /> constructed and all of the following information;
<br /> (A)material of construction;
<br /> (B)material thickness and the method used to determine the thickness;
<br /> (C)description of tank system piping(material,diameter);
<br /> (D)description of any internal and external pumps;and
<br /> (E)sketch or drawing of tank including dimensions.
<br /> (3)documented age of the tank system(if tank was previously used), if available, (otherwise, an estimate of
<br /> the age);
<br /> (4)description and evaluation of any leak detection equipment;
<br /> (5)description and evaluation of any corrosion protection equipment,devices, or material;
<br /> (6)description and evaluation of any spill prevention or overfill equipment;
<br /> Unofficial Title 22©2005 State of California,all rights reserved.May not be commercially reproduced or sold. 6/9/08
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