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(continued)
(2) A list of the types, quantities, and concentrations of hazardous substances released;
(3) A description of the actions taken to control and clean up the release;
(4) The method and location of disposal of the released hazardous substances (the monitoring record shall indicate whether a hazardous waste manifest was or will be used);
(5) A description of the actions taken to repair the underground storage tank and to prevent future releases. If this involves a change as described in section 25286 of the Health and Safety Code, notification pursuant to that section shall be made.
(6) A description of the method used to reactivate the interstitial monitoring system after replacement or repair of the primary containment.
(c) The integrity of the secondary containment shall be reviewed for possible deterioration under the following conditions:
(1) Hazardous substance in contact with the secondary containment is not compatible with the material used for secondary containment;
(2) The secondary containment is prone to mechanical damage from the mechanical equipment used to remove or clean up the hazardous substance collected in the secondary containment; or
(3) Hazardous substances, other than those stored in the primary containment system, are added to the secondary containment to treat or neutralize the released hazardous substance and the added substance or resulting substance from such a combination is not compatible with the secondary containment.
(d) If a recordable unauthorized release becomes a reportable unauthorized release due to initially unanticipated facts (e.g., secondary containment is breached due to deterioration), the release shall be reported pursuant to section 2652.
(e) Whenever the local agency reviews the operator's monitoring reports and finds that one or more recordable unauthorized releases have occurred, the local agency shall review the information included in the monitoring records pursuant to subsection (a), shall review the permit, and may inspect the underground storage tank pursuant to section 2712 (e) and (f) of Article 10. If the local agency finds that the containment and monitoring requirements of Articles 3 or 4 can no longer be met, the local agency shall require the owner or operator to cease operation of the underground storage tank system until appropriate modifications are made to comply with the requirements of Articles 3 or 4, as appropriate.
Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25291, 25292, 25294 and 29295, Health and Safety Code; 40 CFR 280.52.
s 2652. Reporting, Investigation and Initial Response Requirements for Unauthorized Releases.
(a) Owners or operators required under section 2650 to report a release or condition, shall comply with the requirements of this section.
(b) Within 24 hours after an unauthorized release or condition has been detected, or should have been detected, the owner or operator shall notify the local agency and shall investigate the condition, and take immediate measures to stop the release. If necessary, or if required by the local agency, the owner or operator shall remove the remaining stored substance from the tank to prevent further releases to the environment or to facilitate corrective action. If an emergency exists, the owner or operator shall also notify the State Office of Emergency Services.
(c) Within five working days of detecting an unauthorized release, the owner or operator shall submit to the local agency a full written report which shall include but not limited to all of the following information to the extent that the information is known at the time of filing the report:
(1) Owner's or operator's name and telephone number;
(2) A list of the types, quantities, and concentrations of hazardous substances released;
(3) The approximate date of the release;
(4) The date on which the release was discovered;
(5) The date on which the release was stopped;
(6) A description of the actions taken to control and/or stop the release;
(7) A description of the corrective and remedial actions, including investigations which were undertaken and will be conducted to determine the nature and extent of soil, ground water or surface water contamination due to the release;
(8) The method(s) of cleanup implemented to date, proposed cleanup actions, and a time schedule for implementing the proposed actions;
(9) The method and location of disposal of the released hazardous substance and any contaminated soils or ground water or surface water. Copies of any completed hazardous waste manifests for off-site transport of these media shall be attached to the report;
(10) A description of the proposed method(s) of repair or replacement of the primary and secondary containment. If this involves a change described in section 25286 of the Health and Safety Code, notification pursuant to that section shall be made.
(11) A description of additional actions taken to prevent future releases.
(d) Until investigation and cleanup are complete, the owner or operator shall submit reports to the local agency or Regional Water Quality Board, whichever agency is overseeing the cleanup, every three months or more frequently as specified by the agency. Reports shall include but not be limited to, an update of the required information in subsection (c), and the results of all investigation monitoring or other corrective actions which have occurred during the reporting period. Information required by sections 2653 and 2654 shall be submitted as part of the periodic report to the agency.
(e) The owner or operator shall conduct all necessary initial abatement and site characterization actions as required by sections 2653 and 2654 and shall take additional corrective action as required by Article 11.
(f) If the test results from either an investigation conducted under subsection (e) or from other procedures approved by the agency, fail to confirm that there has been an unauthorized release from the underground storage tank, no further investigation or corrective action is required.
Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25286, 25288 and 29295, Health and Safety Code; 40 CFR 280.52-280.53.
s 2653. Initial Abatement Action Requirements.
(a) Owners or operators required to conduct initial abatement in accordance with section 2652(e) shall comply with the following requirements:
(1) Remove as much of the hazardous substance from the underground storage tank as necessary to prevent further release to the environment.
(2) Visually inspect any above ground releases or exposed below ground releases and prevent further migration of the released substance into surrounding soils and ground water.
(3) Continue to monitor and mitigate any additional fire and safety hazards posed by vapors or free product that have migrated from the un derground storage tank excavation zone and entered into subsurface structures, such as sewers or basements.
(4) Remedy hazards posed by contaminated soils that are excavated or exposed as a result of release confirmation, site investigation, or abatement activities. If these remedies include treatment or disposal of soils, the owner or operator shall comply with applicable State and local requirements.
(5) Investigate to determine the possible presence of free product. If free product is present, begin removal thereof in accordance with section 2655.
Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25295, Health and Safety Code; 40 CFR 280.61 and 280.62.
s 2654. Initial Site Characterization Requirements.
(a) Owners or operators required to conduct initial site characterization in accordance with section 2652(e), shall comply with the requirements of this section.
(b) The owner or operator shall promptly gather information about the underground storage tank site and the nature of the unauthorized release, including information obtained while confirming the release or completing initial abatement and free product removal. This information shall include, but is not limited to, the following:
(1) Data on the nature and estimated quantity of release;
(2) Data from available sources and/or site investigations concerning the surrounding populations, water quality, use and approximate locations of wells potentially affected by the release, subsurface soil conditions, locations of subsurface utilities, climatological conditions, and land use.
Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25295, Health and Safety Code; 40 CFR 280.63.
s 2655. Free Product Removal Requirements.
(a) At sites where investigations made pursuant to section 2652 indicate the presence of free product, the owner or operator shall comply with the requirements of this section. The owner or operator shall remove free product to the maximum extent practicable, as determined by the local agency, while continuing to take any actions required under sections 2652 through 2654.
(b) Free product shall be removed in a manner that minimizes the spread of contamination into previously uncontaminated zones by using recovery and disposal techniques appropriate to the hydrogeologic conditions at the site. The free product removal process shall result in proper treatment, discharge or disposal of recovery by products in compliance with applicable local, state and federal regulations.
(c) Abatement of free product migration shall be the predominant objective in the design of the free product removal system.
(d) Flammable products shall be handled in a safe manner consistent with state and local requirements.
(e) A free product removal report shall be submitted to the agency within 45 calendar days of release confirmation and shall include, but not be limited to:
(1) The name of the person(s) responsible for implementing the free product removal measures;
(2) The estimated quantity, type, and thickness of free product observed or measured in wells, boreholes, and excavations;
(3) The type of free product recovery system used;
(4) Whether any discharge will take place on-site or off-site during the recovery operation and, if so, where this discharge will be located;
(5) The type of treatment applied to, and the effluent quality expected in, any discharge;
(6) The steps that have been or are being taken to obtain necessary permits for the discharge; and
(7) The means of disposal and/or proposed disposition of the recovered free product.
Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25295, Health and Safety Code; 40 CFR 280.64.
s 2660. General Applicability of Article.
(a) This article describes the requirements for repairing or upgrading underground storage tank systems. Upgrades and repairs shall be properly conducted in accordance with this article and any additional manufacturer's specifications.
(b) Section 2661 describes the requirements for repairing underground storage tanks, piping, or other underground storage tank system components that have caused an unauthorized release as defined in sections 25294 and 25295 of the Health and Safety Code.
(c) Section 2662(b) describes upgrade requirements for underground storage tanks containing hazardous substances other than motor vehicle fuel. Sections 2662(c), and (d) describe upgrade requirements for all underground storage tanks containing motor vehicle fuel. Underground storage tanks which contain motor vehicle fuel and which are constructed of fiberglass, other non-corrosive materials, steel clad with fiberglass, or steel clad with other noncorrosive materials, are not required to comply with the requirements of section 2662(c), but are required to meet the requirements of section 2662(d).
(d) Section 2663 describes the requirements for upgrading or repairing tanks using interior lining.
(e) Section 2664 describes the requirements for upgrading tanks using bladder systems.
(f) Section 2665 describes the upgrade requirements for spill and overfill prevention equipment.
(g) Section 2666 describes the upgrade requirements for underground piping.
(h) Upgrade requirements for underground storage tanks, spill and overfill prevention, and underground piping shall be completed no later than December 22, 1998. Requirements for under-dispenser containment, or under-dispenser spill control or containment systems, shall be completed no later than December 31, 2003.
(i) As a preventive measure, an owner or operator may upgrade any underground storage tank constructed of any material which is not under pressure and which contains motor vehicle fuel as specified in sections 2662(a), (c), and (e). Before upgrading in accordance with this subsection, the owner or operator shall prove to the satisfaction of the local agency that the underground storage tank system has not caused an unauthorized release. If soil samples are taken, the owner or operator shall notify the local agency in advance of taking the samples.
(j) Owners or operators shall maintain records of repairs, linings, and upgrades that demonstrate compliance with the requirements of this article for the remaining operating life of the tank.
(k) Local agencies shall not approve a repair or upgrade unless it can be demonstrated that the underground storage tank system is structurally sound and the method of repair or upgrade will prevent unauthorized releases due to structural failure or corrosion during the operating life of the underground storage tank system.
( l) The materials used in the repair or upgrading process shall be applied in accordance with nationally recognized engineering practices.
(m) Materials used in repairs and upgrades shall be compatible with the existing underground storage tank system materials and shall not be subject to deterioration due to contact with the hazardous substances being stored.
(n) Steel underground storage tanks that exhibit corrosion during the course of repair or upgrade shall comply with the cathodic protection requirements of section 2635(a)(2).
Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25284.1, 25292, 25292.1 and 25296, Health and Safety Code; 40 CFR 280.21, 280.33 and 281.32(d).
s 2661. Requirements for Repairing Underground Storage Tank.
(a) Before repairing an underground storage tank system, the owner or operator shall comply with applicable requirements of Article 5.
(b) Before repairing an underground storage tank system, the owner or operator shall demonstrate to the satisfaction of the local agency that the conditions and requirements specified in subsection 2660(k) will be met. When selecting a method of repair, the owner or operator shall take into consideration whether the cause of failure is isolated to the actual failure, is affecting other areas of the underground storage tank, or if any other cause of failure is affecting the primary container.
(c) A tank may be repaired once using the interior lining method specified in section 2663. A previously lined tank may not be required using the interior lining method.
(d) Holes in steel tanks shall be plugged using self-tapping bolts, boiler plugs, water-tight hydraulic cement, or by welding. In addition, holes in steel and fiberglass tanks shall be repaired as follows:
(1) Repair areas shall be covered with epoxy or isophthalic polyester based resin. The resin shall be compatible with the intended use of the tank.
(2) Fiberglass cloth with a minimum weight of 1.5 oz/yd that is silane-treated shall be worked completely into the resin base. The resin base shall be installed a minimum of two inches beyond the fiberglass cloth.
(3) All repairs shall include installation of fiberglass cloth with a minimum dimension of 12 x 12 inches centered over the area to be repaired. Larger repairs shall require the cloth to be large enough to provide cloth coverage of at least five inches of cloth bonded to the tank wall, measured from the outermost edge of the repair to the cloth's edge.
(4) A second layer of fiberglass cloth of the same weight as specified in subsection (d)(2) above, shall be installed directly over the primary cloth layer and shall be cut to overlap the primary patch by 1.5 inches on all sides.
(5) The repair shall be allowed sufficient cure time, as determined by the resin manufacturer, to provide an acceptable base for tank lining installation.
(e) Metal piping, pipe fittings, or tank fittings that have released product as a result of corrosion or other damage shall be replaced. Non-metal piping, pipe fittings, or tank fittings shall be repaired or replaced in accordance with manufacturer specifications.
(f) Tanks and piping which have been repaired shall be tested for tightness within 30 calendar days following the date of completion of the repair. Tanks or piping that fail this test shall be repaired in accordance with this section or closed in accordance with Article 7.
(g) A vapor or ground water monitoring system shall be installed to continuously monitor a tank repaired by lining for future unauthorized releases, in accordance with section 2647 or 2648, if no secondary containment system exists.
Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25296, Health and Safety Code; 40 CFR 280.33.
s 2662. Requirements for Upgrading Underground Storage Tanks.
(a) Before upgrading an underground storage tank system, the owner or operator shall demonstrate to the satisfaction of the local agency that the conditions and requirements specified in subsection 2660(k) will be met.
(b) By December 22, 1998, all underground storage tanks containing hazardous substances other than motor vehicle fuel, shall be retrofitted with secondary containment meeting the requirements of Article 3.
(c) By December 22, 1998, owners of motor vehicle fuel tanks constructed of steel shall retrofit those tanks with secondary containment meeting the requirements of Article 3, or shall upgrade those tanks using one of the following options:
(1) Interior lining and cathodic protection:
(A) Interior lining shall be installed in accordance with section 2663 except those requirements pertaining to non-steel tanks; and
(B) Cathodic protection shall be designed, installed, and inspected as specified in section 2635(a)(2)(A). All cathodic protection wells shall be constructed in accordance with applicable state and local well regulations.
(2) Bladder system, and cathodic protection -
Bladder systems shall be installed in accordance with the requirements of section 2664.
(d) By December 22, 1998, owners shall install a wear plate (striker plate) which meets the criteria in section 2631(c) under all tank openings that could be used for manual dipsticking. A drop tube-mounted bottom protector may fulfill this requirement.
(e) An upgraded underground storage tank shall be closed in accordance with Article 7 at the end of the tank's operational life.
Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25291 and 25296, Health and Safety Code; 40 CFR 280.21.
s 2663. Interior Tank Lining Requirements.
(a) Tank lining may be used to satisfy part of the upgrade requirements of section 2662 or to repair a tank pursuant to section 2661. However, a tank that has been repaired using the interior lining method may not be repaired a second time with the interior lining method. The evaluations described in subsections (b) and (c) of this section shall be completed before the lining of a primary container may be authorized by the local agency. The local agency shall deny the proposed lining if the owner fails to demonstrate that the lined primary container will provide continued containment based on the evaluations described in subsections (b) and (c).
(b) Appropriate tests shall be conducted by a special inspector who shall certify that the shell will provide structural support if the tank is lined. A copy of this certification shall be provided by the owner to the local agency. The special inspector shall make this certification by entering and inspecting the entire interior surface of the tank and shall base this certification upon of the following sets of procedures an criteria:
(1) If a tank is made of non-corrodible material, the following shall be performed:
(A) The tank shall be cleaned so that no residue remains on the tank wall surface;
(B) The special inspector shall take interior diameter measurements and, if the cross-section of the tank has compressed more than one percent of the original diameter, the tank shall neither be certified nor returned to service unless the tank is excavated and repaired to correct the compression;
(C) The special inspector shall conduct an interior inspection to identify any area where compression or tension cracking is occurring and shall determine whether additional fiberglass reinforcing is required for certification before the tank may be lined; and
(D) If the special inspector does not certify the tank as suitable for lining because it failed a test conducted in accordance with subdivisions (1)(A) through (C) of this subsection, the tank shall be closed in accordance with Article 7.
(2) If the tank is constructed of steel or steel clad with a non-corrodible material, the following shall be performed:
(A) The tank interior surface shall be abrasive-blasted completely free of scale, rust, and foreign matter; and,
(B) The entire tank interior shall be tested using a thickness gauge on a one-foot grid pattern with wall thicknesses recorded on a form that identifies the location of each reading. The tank shall be closed in accordance with Article 7 if the tank's average metal thickness is less than 75 percent of the original wall thickness or if the tank has any of the following defects:
1. An open seam or a split longer than three inches.
2. A perforation larger than one and one half inches in diameter except directly below a gauging opening at the bottom of a tank where the perforation shall be no longer than two and one half inches in diameter.
3. Five or more perforations in any one square-foot area.
4. Multiple perforations of which any single perforation is larger than one half inch in diameter.
(3) A test approved by the State Water Board as comparable to the tests specified in subsections (b)(1) or (2) above.
(c) The owner or operator shall demonstrate to the satisfaction of the local agency, based on the tests conducted in accordance with subsection (b) above, that a serious corrosion or structural problem does not exist. If the local agency or special inspector determines that a serious corrosion or structural problem exists, interior lining may be performed only if it can be demonstrated to the satisfaction of the local agency that new or additional corrosion protection will significantly minimize the corrosion and that the existing corrosion problem does not threaten the structural integrity or containment ability of the underground storage tank.
(d) Before lining a tank, thin areas or other flaws in the tank walls which need additional reinforcing shall be reinforced in accordance with section 2661(d).
(e) On and after August 9, 1992, the lining material and lining process shall be listed or certified by an independent testing organization based on voluntary consensus standards.
(f) Before being returned to service, any tank which has been lined shall be internally inspected by a coatings expert or special inspector for conformance with the standards under which the tank was lined. This inspection shall be conducted in accordance with section 2663(h) except for subdivisions (h)(3) and (h)(5).
(g) Following the lining process and before it is returned to service, the tank shall be given a tank integrity test.
(h) If a steel tank is lined for the purpose of satisfying the requirements of section 2662(c), or if any tank is repaired using the interior lining method, it shall be inspected by a coatings expert or special inspector within ten years of lining and every five years thereafter. Written certification of the inspection shall be provided by the tank owner and the party performing the inspection to the local agency within 30 calendar days of completion of the inspection. The inspection shall include all of the following:
(1) Determining that the tank has been cleaned so that no residue remains on the tank walls.
(2) Determining that the tank has been vacuum tested at a vacuum of 5.3 inches of Hg for no less than one minute. This vacuum test is not required if the tank is constructed of fiberglass and is submerged in groundwater by more than 50% of its depth.
(3) If the tank is constructed of fiberglass, taking interior diameter measurements to verify whether the cross-section has compressed by more than one percent of the original diameter.
(4) Visually checking the tank interior and lining for discontinuity, compression, tension cracking, and corrosion.
(5) For steel tanks, testing the entire tank interior using a thickness gauge on a one-foot grid pattern with metal wall thickness recorded on a form that identifies the location of each reading in order to verify that average metal thickness is greater than 75 percent of the original wall thickness.
(6) Testing for thickness and hardness of the lining in accordance with nationally recognized industry codes to verify that the lining meets the standards under which the lining was applied.
(7) For steel tanks, testing the lining using an electrical resistance holiday detector in accordance with nationally-recognized industry codes. The owner or operator shall have all holidays repaired and checked in accordance with nationally recognized industry codes.
(8) Certification from the special inspector or coatings expert that:
(A) the tank is suitable for continued use for a minimum of five years.
(B) the tank is suitable for continued use for a minimum of five years only if it is relined or other improvements are made.
(C) the tank is no longer suitable for continued use and shall be closed in accordance with Article 7.
(9) A lined tank shall be closed in accordance with Article 7 at the end of its operational life.
Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25292, 25292.1 and 25296, Health and Safety Code; 40 CFR 280.21 and 280.33.
s 2664. Requirements for Using Bladder Systems.
(a) Bladder systems may be installed in tanks which store motor vehicle fuel only, may be used to satisfy part of the upgrade requirements in section 2662, and shall be installed and operated in accordance with this section.
(b) Materials used in the bladder system and in the installation process shall be approved by an independent testing organization based on voluntary consensus standards, an industry code, or engineering standard for the applicable use of the bladder system. Evidence of this approval shall be provided to the local agency before the local agency authorizes the installation. The following conditions shall be met:
(1) The bladder system shall be installed under the direct supervision of a representative of the bladder system fabricator or a contractor certified by the fabricator.
(2) The entire interstitial space between the tank and the bladder shall be monitored in accordance with subsection 2632(c)(2).
(3) Materials used in the bladder system shall be product-tight and compatible with the substance stored.
(4) The bladder system shall include an internal striker plate (wear plate) which meets the requirements of section 2631(c).
(5) If the underground storage tank is constructed of steel, cathodic protection shall be installed in accordance with section 2635(a)(2)(A) and, before installing a bladder system, a special inspector shall certify that the underground storage tank has sufficient structural integrity to seal the interstitial space between the bladder and the underground storage tank and provide secondary containment. The special inspector shall make this certification by entering and inspecting the entire interior surface of the tank and shall base this certification upon the set of procedures and criteria specified in section 2663(b)(2), except that abrasive blasting is only required to the extent deemed necessary by manufacturers' specifications, or the special inspector, to assess the structural integrity of the underground storage tank.
(6) The bladder installer shall certify in writing to the local agency that sufficient measures have been taken to minimize or eliminate the potential for the underground storage tank or interstitial monitoring system components to puncture the bladder.
(7) Before installing a bladder, thin areas or other flaws in the underground storage tank walls that need additional reinforcing shall be reinforced in accordance with section 2661(d).
(8) If required by manufacturers' specifications or the special inspector, the underground storage tank shall be lined in accordance with section 2663 prior to installation of the bladder only to the thickness deemed necessary by the more stringent requirement of the manufacturers' specifications or the special inspector.
Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25292 and 25292.1, Health and Safety Code; 40 CFR 280.21, 280.32(d) and 281.33.
s 2665. Spill and Overfill Prevention Equipment Upgrade Requirements.
By December 22, 1998, all underground storage tank systems shall be retrofitted with an overfill prevention system and a spill container which meet the requirements of section 2635(b). The local agency may waive the requirements for overfill prevention equipment if the conditions specified in section 2635(b)(3) are met.
Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25292 and 25292.1, Health and Safety Code; 40 CFR 280.21.
s 2666. Requirements for Upgrading Underground Piping.
(a) By December 22, 1998, all underground piping containing hazardous substances other than motor vehicle fuel shall be retrofitted with secondary containment meeting the requirements of section 2636.
(b) By December 22, 1998, all underground piping containing motor vehicle fuel and connected to an existing tank shall be retrofitted with secondary containment unless the owner or operator demonstrates to the local agency that the piping is constructed of fiberglass reinforced plastic, cathodically protected steel, or other materials compatible with stored products and resistant to corrosion. The secondary containment system shall meet the construction, installation, and monitoring requirements of section 2636.
(c) By December 22, 1998, all automatic line leak detectors for underground pressurized piping which is not secondarily contained shall be capable of shutting off the pump when a release occurs. In addition, the pumping system shall shut down automatically if the automatic line leak detector fails or is disconnected. In lieu of the above, for underground storage tank emergency generator systems, the leak detector must be connected to an audible and visible alarm to indicate a release malfunction of the system.
(d) All underground piping and secondary containment shall be tested for tightness after installation in accordance with section 2636(e).
(e) By December 31, 2003, all existing underground storage tanks shall be retrofitted with under-dispenser containment, or an under-dispenser spill containment or control system. The under-dispenser containment or under-dispenser spill containment or control system shall meet, where applicable, the requirements of 2636(h)(2), or 2636(h)(3).
Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25284.1, 25292 and 25292.1, Health and Safety Code; 40 CFR 280.21.
s 2670. General Applicability of Article.
(a) This article defines temporary and permanent underground storage tank closure and describes the nature of activities which shall be accomplished in order to protect water quality in each of these situations.
(b) The temporary closure requirements of section 2671 shall apply to those underground storage tanks in which the storage of hazardous substances has ceased but the underground storage tank will again be used for the storage of hazardous substances within the next 12 consecutive months. At the end of 12 consecutive months during which the tank is temporarily closed, the local agency may approve an extension of the temporary closure period for a maximum additional period of up to 12 months. Owners and operators shall complete a site assessment in accordance with section 2672(d) before an extension may be granted by the local agency. The temporary closure requirements of section 2671 do not apply to underground storage tanks that are empty as a result of the withdrawal of all stored substances during normal operating practice prior to the planned input of additional hazardous substances.
(c) The permanent closure requirements of section 2672 shall apply to those underground storage tanks in which the storage of hazardous substances has ceased and the tanks will not be used, or are not intended for use, for the storage of hazardous substances within the next 12 consecutive months.
(d) The requirements of this article do not apply to those underground storage tanks in which hazardous substances continue to be stored but no input or withdrawals are being made. In these cases, the applicable containment and monitoring requirements of Articles 3 or 4 shall continue to apply.
(e) During the period of time between cessation of hazardous substance storage and actual completion of underground storage tank closure pursuant to section 2671 or 2672, the applicable containment and monitoring requirements of Articles 3 or 4 shall continue to apply. The time period between cessation of hazardous substance storage and application for temporary or permanent tank closure shall not exceed 90 calendar days. Closure shall be completed within a reasonable time period as determined by the local agency.
(f) At least 30 calendar days prior to closure, or within a shorter period of time approved by the local agency, the owner or operator who intends to close a tank shall submit to the local agency for approval, a proposal for compliance with section 2671 or 2672, as appropriate.
(g) Underground storage tanks that have had an unauthorized release do not qualify for temporary closure pursuant to section 2671 until the owner or operator demonstrates to the satisfaction of the local agency that appropriate authorized repairs have been made which make the underground storage tank capable of storing hazardous substances in accordance with the permit issued by the local agency.
(h) Underground storage tanks that have emitted an unauthorized release and that cannot be repaired by authorized methods shall be permanently closed pursuant to requirements of section 2672.
(i) Decommissioned tanks and underground storage tanks, permanently closed on-site by cleaning and filling with an inert solid prior to January 1, 1984, need not comply with the closure requirements in this section unless required by the local agency. However, hazardous substances released from such tanks before or after the closure, shall be reported by the owner pursuant to Article 5 and shall be cleaned up pursuant to section 13304 of the Water Code, Article 11 of these regulations, and any other applicable law or regulations.
(j) A regulated tank shall be subject to the requirements of subsections (d) and (e) of section 2672 before the local agency may grant exempt status to the tank.
Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25298, Health and Safety Code; 40 CFR 280.70, 280.71, 280.73 and 280.74.
s 2671. Temporary Closure Requirements.
(a) An owner or operator shall comply with all of the following requirements to complete and maintain temporary closure of an underground storage tank:
(1) All residual liquid, solids, or sludges shall be removed and handled in accordance with the applicable provisions of Chapters 6.5 and 6.7 of Division 20 of the Health and Safety Code.
(2) If the underground storage tank contained a hazardous substance that could produce flammable vapors at standard temperature and pressure, it shall be inerted, as often as necessary, to levels that will preclude an explosion or to lower levels as required by the local agency.
(3) The underground storage tank may be filled with a noncorrosive liquid that is not a hazardous substance. This liquid shall be tested and the test results submitted to the local agency prior to removal from the underground storage tank at the end of the temporary closure period.
(4) Except for required venting, all fill and access locations and piping shall be sealed using locking caps or concrete plugs.
(5) Power service shall be disconnected from all pumps associated with the use of the underground storage tank unless the power services some other equipment which is not being closed, such as the impressed-current cathodic protection system.
(b) The monitoring required pursuant to the permit may be modified by the local agency during the temporary closure period. In making a decision to modify monitoring requirements, the local agency shall consider the need to maintain monitoring in order to detect unauthorized releases that may have occurred during the time the underground storage tank was used but that have not yet been detected. In all cases, corrosion protection shall continue to be operated.
(c) The underground storage tank shall be inspected by the owner or operator at least once every three months to verify that the temporary closure measures are still in place. The inspection shall include but is not limited to the following:
(1) Visual inspection of all locked caps and concrete plugs.
(2) If locking caps are used, at least one shall be removed to determine if any liquids or other substances have been added to the underground storage tank or if there has been a change in the quantity or type of liquid added pursuant to subsection (a)(3) of this section.
(d) At the end of a temporary closure period over 12 months, including any extension granted by the local agency, the owner may reuse the underground storage tank only if the tank meets the requirements of Article 3 for new underground storage tanks or is upgraded to meet the requirements of Article 6.
(e) All new and existing underground storage tank systems which have been temporarily closed must continue to comply with repair and recordkeeping requirements, release reporting and investigation requirements, and release response and corrective action requirements specified in this chapter and Chapter 6.7 of the Health and Safety Code.
Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25298, Health and Safety Code; 40 CFR 280.70 and 281.36(a)(1).
s 2672. Permanent Closure Requirements.
(a) Owners or operators of underground storage tanks subject to permanent closure shall comply with either subsection (b) for underground storage tank removal or subsection (c) for closure in place. It is not essential that all portions of an underground storage tank be permanently closed in the same manner; however, all closure actions shall be conducted in accordance with this section. Subsections (d) and (e) apply to all underground storage tanks subject to permanent closure.
(b) Owners or operators of underground storage tanks subject to permanent closure shall comply with applicable provisions of Chapter 6.5 of Division 20 of the Health and Safety Code and with the following requirements:
(1) All residual liquid, solids, or sludges shall be removed and handled as hazardous wastes or recyclable materials in accordance with Chapter 6.5 of the Health and Safety Code.
(2) If the underground storage tank contained a hazardous substance that could produce flammable vapors at standard temperature and pressure, it shall be inerted to levels that shall preclude explosion or to lower levels as required by the local agency.
(3) When an underground storage tank or any part thereof is disposed of, the owner or operator shall document to the local agency that proper disposal has been completed. This documentation shall be submitted within the time frame specified by the local agency.
(4) An owner or operator of an underground storage tank or any part thereof that is destined for a specific reuse shall advise the local agency, within the time frame specified by that agency, of:
(A) The name of the new owner and new operator of the underground storage tank;
(B) The location of intended use; and
(C) The nature of intended use.
(c) Owners or operators of underground storage tanks subject to permanent closure where the tanks are approved to be closed in place shall comply with the applicable provisions of Chapters 6.5 and 6.7 of Division 20 of the Health and Safety Code and with the following requirements:
(1) All residual liquid, solids, or sludges shall be removed and handled as a hazardous waste or recyclable materials in accordance with Chapters 6.5 and 6.7 of the Health and Safety Code.
(2) If the underground storage tank contained a hazardous substance that could produce flammable vapors at standard temperature and pressure, it shall be inerted to levels that shall preclude explosion or to lower levels as may be required by the local agency.
(3) All piping associated with the underground storage tank shall be removed and disposed of unless removal might damage structures or other pipes that are being used and that are contained in a common trench, in which case the piping to be closed shall be emptied of all contents and capped.
(4) The underground storage tank, except for piping that is closed in accordance with subdivision (3), shall be completely filled with an inert solid, unless the owner intends to use the underground storage tank for the storage of a nonhazardous substance which is compatible with the previous use and construction of the underground storage tank.
(d) The owner or operator of an underground storage tank being closed pursuant to this section shall demonstrate to the satisfaction of the local agency that no unauthorized release has occurred. This demonstration shall be based on soil sample analysis and/or water analysis if water is present in the excavation. This analysis shall be performed during or immediately after closure activities. If the demonstration is based on soil sample analysis, soil samples shall be taken and analyzed as follows:
(1) If the underground storage tank or any portion thereof is removed, soil samples shall be taken immediately beneath the removed portions of the tank, a minimum of two feet into native material at each end of the tank in accordance with section 2649. A separate sample shall be taken for each 20 linear-feet of trench for piping.
(2) If the underground storage tank or any portion thereof is not removed, at least one boring shall be taken as close as possible to the midpoint beneath the tank using a slant boring (mechanical or manual), or other appropriate method such as vertical borings drilled on each long dimensional side of the tank as approved by the local agency.
(3) Soils shall be analyzed in accordance with section 2649 for all constituents of the previously stored hazardous substances and their breakdown or transformation products. The local agency may waive the requirement for analysis of all constituents, breakdown or transformation products when key constituents that pose a significant threat to water quality or the environment can be identified for analysis.
(e) The detection of any reportable unauthorized release shall require compliance with the applicable requirements of Articles 5 and 11.
Note: Authority cited: Sections 25299.3, 25299.7 and 25299.77, Health and Safety Code. Reference: Sections 25298 and 25299.37, Health and Safety Code; 40 CFR 280.60 through 280.67, 280.71 and 281.36.
s 2680. General Applicability of Article.
(a) This article sets forth procedures for site-specific variances from the requirements for the construction and monitoring of new and existing underground storage tanks as described in Chapter 6.7 of Division 20 of the Health and Safety Code and Articles 3 and 4 of this chapter. A site-specific variance, if approved, would apply only to the specific site(s) approved for a variance. These procedures are in addition to those established by the appropriate sections of Chapter 6.7 of Division 20 of the Health and Safety Code.
(b) Section 2681 specifies the procedures that shall be followed by the applicant, local agency, and the Regional Water Quality Board for site-specific variance requests.
Note: Authority cited: Sections 25299.3, Health and Safety Code. Reference: Section 25299.4, Health and Safety Code.
s 2681. Site-Specific Variances.
(a) A site-specific variance allows an alternative method of construction or monitoring which would be applicable at one or more sites within a local agency's jurisdiction. Application for a site-specific variance shall be made to the appropriate Regional Water Quality Board.
(b) Prior to applying to the Regional Water Quality Board for a variance, the applicant shall submit a complete construction and monitoring plan to the local agency. The proposed alternative construction or monitoring methods which may require a variance shall be clearly identified. If the local agency decides that a variance would be necessary to approve the specific methods or if the local agency does not act within 60 calendar days of receipt of a complete construction and monitoring plan from the applicant, the applicant may submit the variance application to the Regional Water Quality Board.
(c) An application for a site-specific variance shall include, but is not limited to:
(1) A description of the provision from which the variance is requested.
(2) A detailed description of the complete construction and monitoring methods to be used. The proposed alternative program, method, device, or process shall be clearly identified.
(3) Any special circumstances on which the applicant relies to justify the findings necessary for the variance, as prescribed by the appropriate section of Chapter 6.7 of Division 20 of the Health and Safety Code.
(4) Clear and convincing evidence that the proposed alternative will adequately protect the soil and the beneficial uses of waters of the state from an unauthorized release.
(5) Any environmental information or documentation requested by the Regional Water Quality Board pursuant to the California Environmental Quality Act (Division 13, commencing with section 21000 of the Public Resources Code).
(6) A list including names and addresses of all persons known to the applicant who may be affected by or may be interested in the variance request.
(7) A fee not to exceed $2,750 for variance requests at one site. A fee not to exceed $5,500 for variance requests at more than one site within one local agency's jurisdiction.
(d) The Regional Water Quality Board shall review all applications submitted and shall notify the applicant in writing within 30 calendar days of receipt of the application whether the application is complete.
(e) The Regional Water Quality Board shall hold a hearing on the proposed variance as specified in section 25299.4(c) of the Health and Safety Code.
(f) Any site-specific variance shall prescribe appropriate additional conditions and shall describe the specific alternative system for which the variance is being granted. The Regional Water Quality Board shall notify the applicant, the local agency, and the State Water Board of its decision.
(g) If the variance is approved, the local agency shall issue a permit to the applicant which includes the conditions prescribed by the Regional Water Quality Board. A local agency shall not modify the permit unless it determines that the modification is consistent with the variance that has been granted.
(h) The Regional Water Quality Board shall modify or revoke a variance upon a finding that the proposed alternative does not adequately protect the soil and the beneficial uses of the waters of the state from an unauthorized release. The Regional Water Quality Board shall not modify nor revoke the variance until it has followed procedures comparable to those prescribed in this section and Chapters 1.5 and 6 of Division 3 of Title 23 of the California Code of Regulations. The Regional Water Quality Board shall notify the local agency and the State Water Board of the modification or revocation. The local agency shall modify or revoke the permit for the site.
Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25299.4, Health and Safety Code.
s 2682. Site-Specific Variances.
Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25299.4, Health and Safety Code.
s 2690. General Applicability of Article.
This article sets forth procedures by which local agencies may request State Water Board authorization for design and construction standards other than those set by Article 3. These procedures are in addition to those established by Chapter 6.7 of Division 20 of the Health and Safety Code.
Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25299.2 and 25299.4, Health and Safety Code. (continued)