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I tank unless a permit for its operation has been issued by the local agency to the owner or <br /> 2 operator of the tank , or a unified program facility permit has been issued by the local <br /> 3 <br /> agency to the owner or operator of the unified program facility on which the tank is <br /> 4 <br /> located " . This violation occurred January 1 , 2019 and is ongoing . <br /> 5 <br /> 6 3 . 2 The Respondents violated 23 CCR § 2630 (d ) which states "All <br /> 7 monitoring equipment used to satisfy the requirements of this article shall meet the <br /> 8 requirements of section 2643 (f) and shall be installed and maintained such that the <br /> 9 equipment is capable of detecting a leak at the earliest possible opportunity . Additionally , <br /> 10 all monitoring equipment used to satisfy the requirements shall be installed , calibrated , <br /> 11 <br /> operated , and maintained in accordance with section 2638 . This violation was identified <br /> 12 <br /> 13 during the routine monitoring certification on December 11 , 2018 and to the knowledge of <br /> 14 the CUPA is ongoing . <br /> 15 4 . A dispute exists between the Parties regarding the alleged violations . <br /> 16 <br /> 5 . The Parties wish to avoid the expense of litigation and to ensure prompt <br /> 17 <br /> 18 compliance with California requirements regarding underground storage tanks and <br /> 19 hazardous waste . <br /> 20 6 . Jurisdiction over this matter exists pursuant to Health and Safety Code <br /> 21 <br /> ( HSC ) Section 25404 . 1 . 1 . <br /> 22 <br /> 23 7 . Respondents waive any right to a hearing in this matter . <br /> 24 8 . This Consent Order shall constitute full settlement of the violations <br /> 25 alleged above , but does not limit the CUPA from taking appropriate enforcement action <br /> 26 <br /> concerning other violations . <br /> 27 <br /> 28 <br /> - 2 - <br /> CONSENT ORDER WESTERN FOOD AND FUEL <br />