Loading (50 kb)...'

(continued)
(2) there is evidence the component in violation has been tampered with; or

(3) the owner or operator fails to take appropriate action to correct the violation.


Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25292.3, Health and Safety Code.Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25292.3, Health and Safety Code.




s 2717.6. Content of Red Tags.
(a) A red tag shall be red in color and 3 inches wide by 5 inches long and made of plastic or other durable and damage resistant material.
(b) Red tags shall bear the following information on both sides of the tag:
(1) The following wording, printed in white at the top of the tag in all capital letters in at least 36 point bold-faced type: "PETROLEUM DELIVERY PROHIBITED!"

(2) The following wording, printed in white below the wording described in subdivision (b)(1) in at least 16 point type: "Delivering petroleum, or removing, defacing, altering, or otherwise tampering with this tag may result in civil penalties of up to $5000 per day."
(3) Printed below the wording described in subdivision (b)(2), the following wording in at least 16 point type: "If you have questions, please contact:"
(A) Following the wording described in subdivision (b)(3), there shall be a blank area at least 1/2 inch wide by three inches long in which the local agency shall write legibly in permanent ink its name and telephone number.
(4) In the lower left hand corner, a unique identification number imprinted mechanically at the time of production.
(5) In the lower right hand corner, a graphic comprised of a blue background, the letters SWRCB in black, and white wavy lines depicting water.


Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25292.3, Health and Safety Code.Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25292.3, Health and Safety Code.




s 2717.7. Enforcement Scope of Article.
Nothing in this Article shall be construed as prohibiting the local agency, board, regional board, or any other prosecuting agency from taking any other action as provided for by law, including but not limited to requiring removal of the stored substance from the tank pursuant to Section 2652 or revoking or modifying the operating permit pursuant to Section 25285.1 of the Health and Safety Code.


Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25292.3, Health and Safety Code.Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25292.3, Health and Safety Code.





s 2720. Additional Definitions.
Unless the context clearly requires otherwise, the following definitions shall apply to terms used in this Article.
"Corrective action" means any activity necessary to investigate and analyze the effects of an unauthorized release; propose a cost-effective plan to adequately protect human health, safety, and the environment and to restore or protect current and potential beneficial uses of water; and implement and evaluate the effectiveness of the activity(ies). Corrective action does not include any of the following activities:
(1) Detection, confirmation, or reporting of the unauthorized release; or
(2) Repair, upgrade, replacement or removal of the underground storage tank.
"Cost-effective" means actions that achieve similar or greater water quality benefits at an equal or lesser cost than other corrective actions.
"Federal act" means Subchapter IX (commencing with Section 6991) of Chapter 82 of Title 42 of the United States Code, as added by the Hazardous and Solid Waste Amendments of 1984 (P.L. 98-616), or as it may subsequently be amended or supplemented, and the regulations adopted pursuant thereto.
"Regulatory agency" means the Board, regional board, or any local, state, or federal agency which has responsibility for regulating underground storage tanks or which has responsibility for overseeing cleanup of unauthorized releases from underground storage tanks.
"Responsible party" means one or more of the following:
(1) Any person who owns or operates an underground storage tank used for the storage of any hazardous substance;
(2) In the case of any underground storage tank no longer in use, any person who owned or operated the underground storage tank immediately before the discontinuation of its use;
(3) Any owner of property where an unauthorized release of a hazardous substance from an underground storage tank has occurred; and
(4) Any person who had or has control over a underground storage tank at the time of or following an unauthorized release of a hazardous substance.


Note: Authority cited: Section 25299.77, Health and Safety Code. Reference: Section 25299.37, Health and Safety Code and 40 CFR Section 280.12.





s 2721. General Applicability of Article.
(a) Responsible parties for an underground storage tank shall comply with the requirements of this article whenever there is any reportable unauthorized release pursuant to Section 25295 of Chapter 6.7.
(b) Responsible parties shall take corrective action in compliance with the following requirements:
(1) all applicable waste discharge requirements or other order issued pursuant to Division 7, commencing with Section 13000 of the Porter-Cologne Water Quality Control Act (Water Code);
(2) all applicable state policies for water quality control adopted pursuant to Article 3 (commencing with Section 13140) of Chapter 3 of Division 7 of the Water Code;
(3) all applicable water quality control plans adopted pursuant to Article 3 (commencing with Section 13240) of Chapter 4 of Division 7 of the Water Code;
(4) all applicable requirements of Chapter 6.7 (commencing with Section 25280) and the regulations (Chapter 16, Title 23 CCR) promulgated thereto; and
(5) all applicable requirements of Article 4 of Chapter 6.75 of the Health and Safety Code, the applicable provisions of this Chapter, and the Federal act.
(c) When acting as the regulatory agency, the Board or regional board shall take appropriate action pursuant to Division 7, commencing with Section 13000 of the California Water Code, to ensure that corrective action complies with applicable policies for water quality control and applicable water quality control plans.
(d) The regulatory agency responsible for overseeing corrective action at an underground storage tank site shall comply with the applicable public participation provisions of Section 2728 of this Article.
(e) Upon completion of required corrective action, the regulatory agency shall inform the responsible party in writing that no further work is required at that time, based on available information. This written notice shall constitute agency concurrence on the completed corrective action.


Note: Authority cited: Section 25299.77, Health and Safety Code. Reference: Sections 25299.37, 25299.54, 25295 and 25298, Health and Safety Code and 40 CFR Section 280.67.





s 2722. Scope of Corrective Action.
(a) Corrective action includes one or more of the following phases:
(1) Preliminary Site Assessment Phase
(2) Soil and Water Investigation Phase;
(3) Corrective Action Plan Implementation Phase; and

(4) Verification Monitoring Phase.
(b) The responsible party shall take or contract for interim remedial actions, as necessary, to abate or correct the actual or potential effects of an unauthorized release. Interim remedial actions can occur concurrently with any phase of corrective action. Before taking interim remedial action, the responsible party shall notify the regulatory agency of the proposed action and shall comply with any requirements that the regulatory agency sets. Interim remedial actions include, but are not limited to, the following:
(1) removal of free product. Free product removal must comply with the applicable provisions of Section 2655 of Article 5;
(2) enhanced biodegradation to promote bacterial decomposition of contaminants;
(3) excavation and disposal of contaminated soil;
(4) excavation and treatment of contaminated soil;
(5) vacuum extraction of contaminants from soil or ground water; and

(6) pumping and treatment of ground water to remove dissolved contaminants.
(c) The responsible party shall submit a workplan to the regulatory agency responsible for overseeing corrective action at the underground storage tank site, under the conditions listed below. If no regulatory agency has assumed responsibility for overseeing corrective action, the responsible party shall submit the workplan to the regional board with jurisdiction for the site where the underground storage tank is or was located:
(1) for proposed activities under the Preliminary Site Assessment Phase, if directed by the regulatory agency; and
(2) before initiating any work in accordance with Sections 2725 and 2727 of this Article.
(d) The workplan shall include the proposed actions and a proposed schedule for their completion. The responsible party shall modify the workplan, as necessary, at the direction of the regulatory agency.
(e) In the interest of minimizing environmental contamination and promoting prompt cleanup, the responsible party may begin implementation of the proposed actions after the workplan has been submitted and before it has received agency concurrence. Implementation of the workplan may begin sixty (60) calendar days after submittal, unless the reponsible party is otherwise directed in writing by the regulatory agency. Before beginning these activities, the responsible party shall:
(1) notify the regulatory agency of the intent to initiate the proposed actions included in the workplan submitted; and
(2) comply with any conditions set by the regulatory agency, including mitigation of adverse consequences from cleanup activities.


Note: Authority cited: Section 25299.77, Health and Safety Code. Reference: Sections 25295, 25297, 25299.14, 25299.37 and 25299.78, Health and Safety Code and 40 CFR Sections 280.53 and 280.60 through 280.66, and Section 13267 Water Code.





s 2723. Preliminary Site Assessment Phase.
(a) The Preliminary Site Assessment Phase includes, at a minimum, initial site investigation, initial abatement actions and initial site characterization in accordance with Sections 2652, 2653, and 2654 of Article 5 and any interim remedial actions taken in accordance with Section 2722(b) of this Article.
(b) Implementation of any of the interim remedial actions or any of the activities included in the Preliminary Site Assessment Phase shall constitute initiation of corrective action.


Note: Authority cited: Section 25299.77, Health and Safety Code. Reference: Sections 25295, 25298 and 25299.37, Health and Safety Code and 40 CFR Sections 280.61 and 280.62.






s 2724. Conditions That Require Soil and Water Investigation.
The responsible party shall conduct investigations of the unauthorized release, the release site, and the surrounding area possibly affected by the unauthorized release, if any of the following conditions exists:
(1) There is evidence that surface water or ground water has been or may be affected by the unauthorized release;
(2) Free product is found at the site where the unauthorized release occurred or in the surrounding area;
(3) There is evidence that contaminated soils are or may be in contact with surface water or ground water; or
(4) The regulatory agency requests an investigation, based on the actual or potential effects of contaminated soil or ground water on nearby surface water or ground water resources or based on the increased risk of fire or explosion.


Note: Authority cited: Section 25299.77, Health and Safety Code. Reference: Section 25299.37, Health and Safety Code and 40 CFR Sections 280.61 through 280.64






s 2725. Soil and Water Investigation Phase.
(a)The Soil and Water Investigation Phase includes the collection and analysis of data necessary to assess the nature and vertical and lateral ex -tent of the unauthorized release and to determine a cost-effective method of cleanup.
(b) Using information obtained during the investigation, the responsible party shall propose a Corrective Action Plan. The Corrective Action Plan shall consist of those activities determined to be cost-effective.
(c) The responsible party shall submit the Corrective Action Plan to the regulatory agency for review and concurrence. The regulatory agency shall concur with the Corrective Action Plan after determining that implementation of the plan will adequately protect human health, safety and the environment and will restore or protect current or potential beneficial uses of water. The responsible party shall modify the Corrective Action Plan in response to a final regulatory agency directive.
(d) The Corrective Action Plan shall include the following elements:
(1) an assessment of the impacts listed in subsection (e) of this Section;
(2) a feasibility study, in accordance with subsection (f) of this Section; and
(3) applicable cleanup levels, in accordance with subsection (g) of this Section.
(e) An assessment of the impacts shall include, but is not limited to, the following:
(1) The physical and chemical characteristics of the hazardous substance or its constituents, including their toxicity, persistence, and potential for migration in water, soil, and air;
(2) The hydrogeologic characteristics of the site and the surrounding area where the unauthorized release has migrated or may migrate;
(3) The proximity and quality of nearby surface water or ground water, and the current and potential beneficial uses of these waters;
(4) The potential effects of residual contamination on nearby surface water and ground water; and
(f) The responsible party shall conduct a feasibility study to evaluate alternatives for remedying or mitigating the actual or potential adverse effects of the unauthorized release. Each alternative shall be evaluated for cost-effectiveness, and the responsible party shall propose to implement the most cost-effective corrective action.
(1) For all sites, each recommended alternative shall be designed to mitigate nuisance conditions and risk of fire or explosion;
(2) For sites where the unauthorized release affects or threatens waters with current or potential beneficial uses designated in water quality control plans, the feasibility study shall also identify and evaluate at least two alternatives for restoring or protecting these beneficial uses;
(3) For sites where the unauthorized release affects or threatens waters with no current or potential beneficial uses designated in water quality control plans, the feasibility study shall identify and evaluate at least one alternative to satisfy paragraph (1) of this subsection.
(g) Cleanup levels for ground or surface waters, affected or threatened by the unauthorized release, shall comply with the requirements of Section 2721(b) and shall meet the following requirements:
(1) For waters with current or potential beneficial uses for which numerical objectives have been designated in water quality control plans, the responsible party shall propose at least two alternatives to achieve these numerical objectives;
(2) For waters with current or potential beneficial uses for which no numerical objectives have been designated in water quality control plans, the responsible party shall recommend target cleanup levels for long-term corrective actions to the regulatory agency for concurrence. Target cleanup levels shall be based on the impact assessment, prepared in accordance with subsection (e) of this Section.


Note: Authority cited: Section 25299.77, Health and Safety Code. Reference: Sections 25299.37 and 25299.57, Health and Safety Code.





s 2726. Corrective Action Plan Implementation Phase.
(a) The Corrective Action Plan Implementation Phase consists of carrying out the cost-effective alternative selected during the Soil and Water Investigation Phase for remediation or mitigation of the actual or potential adverse effects of the unauthorized release.
(b) Upon concurrence with the Corrective Action Plan or as directed by the regulatory agency, the responsible party shall implement the Corrective Action Plan. The responsible party shall monitor, evaluate, and report the results of implementation of the Corrective Action Plan on a schedule agreed to by the regulatory agency.
(c) In the interest of minimizing environmental contamination and promoting prompt cleanup, the responsible party may begin cleanup of soil and water after the Corrective Action Plan has been submitted and before it has received agency concurrence. Implementation of the Corrective Action Plan may begin sixty (60) calendar days after submittal, unless the responsible party is otherwise directed in writing by the regulatory agency. Before beginning this cleanup, the responsible party shall:
(1) notify the regulatory agency of its intention to begin cleanup; and
(2) comply with any conditions set by the regulatory agency, including mitigation of adverse consequences from cleanup activities.
(d) The responsible party shall modify or suspend cleanup activities when directed to do so by the regulatory agency.


Note: Authority cited: Section 25299.77, Health and Safety Code. Reference: Section 25299.37, Health and Safety Code and 40 CFR Sections 280.65 and 280.66.






s 2727. Verification Monitoring Phase.
(a) The Verification Monitoring Phase includes all activities required to verify implementation of the Corrective Action Plan and evaluate its effectiveness.
(b) The responsible party shall verify completion of the Corrective Action Plan through sampling or other monitoring of soil and/or water for such period of time and intervals agreed to by the regulatory agency. Using the monitoring results obtained pursuant to this Section and any other relevant data obtained pursuant to this Article, the responsible party shall evaluate the effectiveness of the site work.
(c) The responsible party shall submit monitoring data and an evaluation of the results of such monitoring in writing on a schedule and for a duration agreed to by the regulatory agency.


Note: Authority cited: Section 25299.77, Health and Safety Code. Reference: Section 25299.37, Health and Safety Code and 40 CFR Section 280.65.





s 2728. Public Participation.
(a) For each confirmed unauthorized release that requires a Corrective Action Plan, the regulatory agency shall inform the public of the proposed activities contained in the Corrective Action Plan. This notice shall include at least one of the following:
(1) publication in a regulatory agency meeting agenda;
(2) public notice posted in a regulatory agency office;

(3) public notice in a local newspaper;
(4) block advertisements;
(5) a public service announcement;
(6) letters to individual households; or
(7) personal contacts with the affected parties by regulatory agency staff.
(b) The regulatory agency shall ensure that information and decisions concerning the Corrective Action Plan are made available to the public for inspection upon request.
(c) Before concurring with a Corrective Action Plan, the regulatory agency may hold a public meeting when requested by any member of the public, if there is sufficient public interest on the proposed Corrective Action Plan.
(d) Upon completion of corrective action, the regulatory agency shall give public notice that complies with subsection (a) of this Section, if both of the following conditions apply:
(1) Implementation of the Corrective Action Plan does not achieve the cleanup levels established in the Corrective Action Plan; and
(2) The regulatory agency does not intend to require additional corrective action, except for monitoring in accordance with Section 2727.
(e) The regulatory agency shall comply with all applicable provisions of the California Environmental Quality Act, Public Resources Code, commencing with Section 21000.


Note: Authority cited: Section 25299.77, Health and Safety Code. Reference: Sections 25299.37 and 25299.78, Health and Safety Code and 40 CFR Sections 280.65 through 280.67.





s 2729. Definitions.


Note: Authority cited: Section 13197.5, Water Code; and Section 25299.3, Health and Safety Code. Reference: Sections 13195(b) and 13198, Water Code.




s 2729.1. Electronic Submission of Laboratory Reports.


Note: Authority cited: Section 13197.5, Water Code; and Section 25299.3, Health and Safety Code. Reference: Sections 13196(a), 13197.5(a), (c), (d)(2) and 13198, Water Code.




s 2730. Purpose.
The State Water Board is vested with all the functions and duties relating to the administration of the Tank Tester License Program (section 25284.4 Health and Safety Code). Specifically, the purpose of the Tank Tester License Program is to protect the environment and public health and safety by establishing minimum qualifications for those who test underground storage tanks and associated piping and by establishing a licensing program for underground storage tank testers.


Note: Authority cited: Section 25284.4, Health and Safety Code. Reference: Section 25284.4, Health and Safety Code.




s 2731. Definitions.
(a) "Address of record" means the address at which the licensee wishes to be contacted by the State Water Board. The address of record is public information.
(b) "Advertisement" means any written or printed communication for the purpose of soliciting, describing, or promoting the licensee's business including a brochure, letter, pamphlet, newspaper, periodical, publication or other writing. Advertisement also includes a radio, television, or similar airwaves transmission, or videotape recording which solicits or promotes the licensee's business. It does not include:
(1) a free directory listing which does not allow space for a license number;
(2) any printing or writing on buildings or vehicles where the purpose of the printing is identification;
(3) any printing, writing, or other communication used in the ordinary course of business where the purpose of the communication is other than solicitation or promotion of business.
(c) "Applicant" means any person who files an application for a tank tester license in accordance with the provisions of section 2761.
(d) "Approved course of study" means a course of study approved by the Division after being recommended by a committee appointed by the Division and which includes, but is not limited to:
(1) General principles of tank and piping testing;

(2) Basic understanding of the mathematics relating to tank testing;
(3) Understanding of test procedures, principles, and equipment;
(4) Knowledge of the regulations and laws pertaining to underground storage tanks;
(5) Proper safety procedures;
(6) Written examination to be administered to each student to determine the student's knowledge and understanding of the course of study material.
Anyone who desires to provide an approved course of study shall furnish the Division with the following material:
(A) An instruction manual proposed for use by the instructor which covers all material and information to be given to students and which is in accordance with the provisions of subdivisions (d)(1)-(6) of this section.
(B) Copies of all handout material to be given to students.

(C) Copies of all video tapes to be used for instructional purposes.
(D) Names, addresses, telephone numbers, and related work experience of each instructor and information as to the subject matter to be taught by each instructor.
(E) Physical location of classroom instruction.
(F) Physical location of underground storage tanks to be used for hands-on training.
(G) A copy of the written examination to be administered to students to determine their knowledge and understanding of the course of study material.
(e) "Assignment" means giving permission to another to use one's license for the purpose of conducting the business of a tank tester, including advertising, billing, and furnishing reports to clients.
(f) "Declarant" means a person who verifies an applicant's tank testing experience by declaring personal knowledge of the experience in writing, under penalty of perjury.
(g) "Direct personal supervision" means the watchful care and inspection of the conduct and performance of a tank tester by a licensee while the licensee and the tank tester are physically located at the work site.
(h) "Division" means the Division of the State Water Board in which the Office of Tank Tester Licensing is located.
(i) "Fraud" or "deception" includes but is not limited to:
(1) knowingly making a false statement relating to the results of a tank integrity test or methods or information obtained in the course of employment;
(2) fabricating evidence;
(3) making a representation that any part of a tank integrity testing method or associated equipment is certified, approved, or in any way sanctioned by the State Water Board unless the method or equipment is actually certified, approved, or sanctioned by the State Water Board;
(4) failing to provide the services for which compensation has been received or which were agreed to by contract;
(5) filing a false tank test report with a state or local agency or tank owner or operator or providing test results for a tank or piping test which was not tested in whole or in part;
(6) manipulating or causing the manipulation of test data including willfully or negligently misreading or misinterpreting test data;
(7) accepting or agreeing to accept compensation for false test results.
(j) "License" means a pocket card issued by the State Water Board which authorizes the licensee to conduct the business of an underground storage tank tester. The license shall contain but not be limited to the following:
(1) a clear, full-face, one inch by one inch color photograph taken within one year immediately preceding the date of filing the application;
(2) the first and last name of the licensee;
(3) the address of record of the licensee;

(4) the license number;
(5) the expiration date of the license.
The license is the property of the State Water Board.
(k) "Licensee" means any person licensed under these regulations as a tank tester and who possesses a current and valid tank tester license issued by the State Water Board.
( l) "Local agency" means the department, office, or other agency of a county or city designated pursuant to section 25283 of the Health and Safety Code.
(m) "Manufacturer" means any business which produces tank integrity testing equipment and which may provide training in the use of that equipment.
(n) "Office of Tank Tester Licensing" means the unit of the Division which exercises the day-to-day functions of the Underground Tank Tester License Program.
(o) "Qualifying Experience" means experience in all aspects of tank integrity testing including personally setting up and operating tank integrity testing equipment, collecting data and producing reports under the direct and personal supervision of a licensed tank tester, during which time training is successfully completed from a manufacturer in the appropriate test procedures.
(p) "State Water Board" as used in these regulations means the five members of the State Water Resources Control Board.
(q) "Tank integrity test" means a tank integrity test as defined in section 2611 of Chapter 16 of the California Code of Regulations.
(r) "Tank tester" means any person who performs integrity tests on underground storage tanks or associated piping.


Note: Authority cited: Section 25284.4, Health and Safety Code. Reference: Sections 25283 and 25284.4, Health and Safety Code.




s 2740. Record of Licensees.
The Office of Tank Tester Licensing shall maintain a current roster of the names, addresses, telephone numbers, and license numbers of all licensed tank testers. The roster shall be furnished to local agencies at least twice per calendar year and shall be made available to local agencies and interested parties upon request.


Note: Authority cited: Section 25284.4, Health and Safety Code. Reference: Section 25284.4, Health and Safety Code.




s 2741. Record of Disciplinary Actions.
Written information regarding disciplinary action taken against licensees shall be maintained by the Office of Tank Tester Licensing and information which meets the provisions of the Information Practices Act shall be furnished to local agencies as available and to interested parties upon request.


Note: Authority cited: Section 25284.4, Health and Safety Code. Reference: Section 25284.4, Health and Safety Code.




s 2750. Necessity of License.
All tank integrity tests, as defined in section 2611 of Article 1 of Chapter 16 and conducted within this state, must be performed by or under the direct and personal supervision of a tank tester with a current and valid tank tester license issued pursuant to these regulations. No person shall be licensed unless the requirements as specified in Article 4 of these regulations have been met.


Note: Authority cited: Section 25284.4, Health and Safety Code. Reference: Section 25284.4, Health and Safety Code.




s 2751. Local Regulations; Ordinances.
The provisions of these regulations shall not prevent the local authorities of any city, and/or county from: (a) requiring tank tester licensees to meet the requirements for and obtain a local business permit; (b) requiring licensees to register their name and file a copy of their State Water Board-issued tank tester license with the city and/or county. No fee, other than a fee for a local business permit, may be charged nor may any application be required by the city and/or county for that registration.


Note: Authority cited: Section 25284.4, Health and Safety Code. Reference: Section 2599.2, Health and Safety Code.




s 2760. License Requirements.
An applicant for a tank tester license shall have successfully completed training from the manufacturer of the tank and piping test equipment to be used and shall:
(a) have completed a minimum of either one year of verifiable qualifying experience testing at least 50 underground storage tanks or have successfully completed both 6 months of qualifying experience during which at least 50 underground storage tanks were tested and an approved course of study as defined in section 2731;
(b) file with the Division a completed application as specified in section 2761;
(c) pay the nonrefundable application fee and the examination fee as specified in Article 7;
(d) provide two color photographs as described in section 2731;
(e) pass an examination administered under the direction of the Division as specified in section 2762;
(f) pay the license fee as specified in Article 7 upon notification by the Division.


Note: Authority cited: Section 25284.4, Health and Safety Code. Reference: Section 25284., Health and Safety Code.




s 2761. Application for Licensure.
(a) Content -An application shall include but not be limited to:
(1) the full name, residence address, and the address of record of the applicant and the employer name and address if applicant is not self employed;
(2) a statement signed under penalty of perjury by a declarant, verifying the applicant's qualifying experience as specified in section 2760(a);

(3) verification that the applicant was trained by the manufacturer in the principles and use of the equipment and method upon which the applicant used to gain his or her qualifying experience and the tank and piping test equipment and method the applicant intends to use after licensure;
(4) applicant's original signature signed under penalty of perjury and date the application was signed;
(5) the nonrefundable application fee and the examination fee as specified in Article 7; and
(6) The Division may require the submission of any additional pertinent information, evidence, statements, or documents which would support the application for licensure.
(b) Submittal -An application shall be postmarked no later than three weeks before the examination. Applications postmarked after that date may be held over and processed for the next scheduled examination.
(c) Review -The Division shall review the application and supporting documents to determine the applicant's eligibility for licensure.
(d) Notice -The Division shall notify applicants in writing within 15 days of receipt of an application whether the application is complete or deficient. The notice, if it indicates a deficiency, will state the specific information which is required to complete the application. If the application is deficient, the applicant may be scheduled for the next examination upon completion of the application.
(e) Abandonment -If an applicant fails to complete an application within one year of the date of receipt by the Office of Tank Tester Licensing, or fails to take the examination within one year after the date of receipt of the application by the Office of Tank Tester Licensing, the application shall be considered abandoned. An application submitted after the abandonment of a previous application shall be treated as a new application and shall be required to meet all of the requirements for an initial license.


Note: Authority cited: Section 25284.4, Health and Safety Code. Reference: Section 25284.4, Health and Safety Code.




s 2762. Examination.
(a) Content -The examination shall include: (1) general principles of tank and piping tests; (2) basic understanding of the mathematics relating to tank and piping integrity testing; (3) knowledge of the regulations and laws governing underground storage tanks; and (4) proper safety procedures.
(b) Frequency -A minimum of two examinations shall be given each year.
(c) Dishonest conduct during examination--An applicant for licensure as a tank tester who engages in dishonest conduct during the examination shall have his or her examination confiscated immediately and shall not have his or her examination graded and shall be denied the opportunity to take the examination for one year.
(d) Confidentiality of examination questions -The Office of Tank Tester Licensing examination questions are confidential. Any person who removes all or part of an examination from the examination room or area, or who conveys or exposes all or part of an examination to any other person may be disqualified as a candidate for licensure for one year and in addition may be subject to administrative sanction under section 2773.
(e) Notification of results -Within 30 calendar days of the examination, the Division shall notify applicants in writing whether they have passed or failed the examination.
(f) Failure to pass examination; reexamination fee -An applicant who fails to pass an initial examination shall be eligible for a subsequent examination upon paying the reexamination fee as prescribed by Article 7 and filing a completed application for reexamination within the time limits and conditions relating to applications for initial examinations provided in Section 2761.


Note: Authority cited: Section 25284.4, Health and Safety Code. Reference: Section 25284.4, Health and Safety Code.




s 2763. Issuance of License, Renewal and Reinstatement.
(a) Issuance -Except as otherwise specified in these regulations, upon the successful completion of the application and examination and payment of the fees prescribed by these regulations, the Division shall issue a tank tester license within 30 calendar days of receipt of the license fee.
(b) Renewal of licenses; notice; payment of civil penalties -
(1) The Division shall send to each licensee a notice of renewal at least 60 calendar days prior to the expiration of each license.
(2) At least 30 calendar days prior to the expiration, a licensee who desires to renew his or her license shall send to the Division a completed renewal application as prescribed by section 2763(b)(3), and renewal fee as prescribed by Article 7.
(3) Each license renewal application shall include the licensee's full name, business and residence address and telephone number, license number, and the name under which the licensee does business. Each application shall include two color photographs as prescribed by section 2731 and the renewal fee as prescribed by Article 7.
(4) The Division shall notify licensees in writing within 15 calendar days of receipt of a license renewal application if the renewal application is deficient. The notice shall state the specific information which is required to complete the renewal application.
(5) Except as otherwise prescribed by these regulations, the Division shall issue a license renewal within 30 calendar days of receipt of a completed renewal application.

(6) The license renewal shall not be issued until any and all penalties assessed have been paid or disciplinary actions have been completed in accordance with these regulations.
(c) Notification of expiration; cessation of display -Upon the expiration of any license issued under these regulations, the holder of the license shall cease to carry or display the license and shall cease to conduct the business of a licensed tank tester.
(d) Reinstatement following expiration--An expired license may be reinstated within one year of the date of expiration upon filing of a reinstatement application and payment of the renewal fee and the reinstatement fee as prescribed by Article 7. The Division shall notify licensees in writing within 30 calendar days of receipt of a reinstatement application if the application is deficient. The notice shall state the specific information which is required to complete the application. A reinstated license shall be issued within 30 calendar days from the date of receipt of the a complete reinstatement application.
The reinstated license shall not be issued until any and all penalties assessed have been paid or until disciplinary actions have been completed. A license which has been expired for more than one year may not be reinstated. The applicant must file an initial application, pass the examination, and meet all of the requirements for an initial license.
(e) Each license reinstatement application shall state the licensee's full name, business and residence address and telephone numbers, license number, and the name under which the licensee does business Each application shall include two color photographs as prescribed by section 2731 and the reinstatement and renewal fees as prescribed by Article 7.
(f) Suspended license; expiration and renewal; restrictions on activities -A suspended tank tester license is subject to expiration and shall be renewed as provided in this article; however, renewal of the license does not entitle the licensee, while the license remains suspended and until it is reinstated, to engage in the business of a licensed tank tester, or in any other activity or conduct in violation of the order or judgment by which the license was suspended.
(g) Revoked license -A revoked license may not be renewed or reinstated.
(h) Assignment -A license issued under these regulations is not assignable.
(i) License denial; grounds -A license may be denied by the Division pursuant to the provisions of section 2773.
(j) Replacement of lost, stolen or destroyed licenses -A license which has been lost, stolen or destroyed may be replaced by the Division. A li censee may request a duplicate license by submitting a written statement of facts describing the loss, theft, or destruction of the license and by submitting two color photographs as prescribed by section 2731 and the duplicate license fee prescribed by Article 7.


Note: Authority cited: Section 25284.4, Health and Safety Code. Reference: Section 25284.4, Health and Safety Code.




s 2770. Notice of Change of Address.
A licensee shall notify the Division of any change of his or her residence and business addresses and telephone numbers within 30 calendar days after the change.


Note: Authority cited: Section 25284.4, Health and Safety Code. Reference: Section 25284.4, Health and Safety Code.




s 2770.5. Name and license number on tank test reports.
A licensee who personally conducts a tank or piping integrity test shall complete and sign the resulting report in accordance with the provisions of section 2643(g) of Article 4 of Chapter 16 and shall include his or her license number on the report.


Note: Authority cited: Section 25284.4, Health and Safety Code. Reference: Section 25284.4, Health and Safety Code.




s 2771. Liability of Licensee; Employee Records; Completion of Training for Testing Method Used.
(a) A licensee shall at all times be responsible for the conduct and performance of those under the licensee's direct and personal supervision when those persons under supervision are acting within the course and scope of their employment as tank testers.
(b) Each licensee shall maintain a record of the following information for each underground storage tank which he or she personally tested:

(1) name, address and telephone number of the tank owner or operator, physical address of the underground storage tank, and dates when the tank or piping test service was provided;
(2) all information and data collected and reports prepared in the course of performing service as a tank tester, including but not limited to raw data, calculations and reports;
(3) a list of persons working under the direct and personal supervision of the licensee including dates when the tank or piping test was performed.
(c) Each licensee shall have completed training from a manufacturer for each test method used prior to using any test method. The licensee shall submit to the Office of Tank Tester Licensing, a certificate of completion or other proof of training issued by the manufacturer, before using the test method or equipment.


Note: Authority cited: Section 25284.4, Health and Safety Code. Reference: Section 25284.4, Health and Safety Code.




s 2772. Record Retention Period.
Records, including those described in section 2771, shall be retained for a period of at least three years. These records shall be available for inspection by the Division and its agents upon demand, and copies thereof, and information pertaining thereto or therein, shall be submitted to the Division upon demand.


Note: Authority cited: Section 25284.4, Health and Safety Code. Reference: Section 25284.4, Health and Safety Code.




s 2773. Grounds for disciplinary action.
A tank tester may be liable civilly and in addition may be subject to administrative sanctions including, but not limited to, notices of warning, letters of caution, fine assessments, denial, suspension, probation, or revocation of his or her license in accordance with sections 25284.4(g) and (h) of the Health and Safety Code for performing or causing another to perform, any of the following acts:
(a) willfully or negligently violating, causing, or allowing the violation of the provisions of Chapters 16 and 17;
(b) willfully or negligently failing to exercise direct and personal supervision over an unlicensed employee, associate, assistant, or agent during any phase of tank or piping integrity testing;
(c) without regard to intent or negligence, using or permitting a licensed or unlicensed employee, associate, or agent to use any tank or piping test method or equipment which is demonstrated to be unsafe or which does not meet the requirements of section 2643 of Chapter 16;
(d) submitting false or misleading information in connection with an application for license or engaging in fraudulent or dishonest activity during the course of an examination for licensure;
(e) using fraud or deception in the course of doing business as a tank tester,
(f) failing to follow standard procedures set by the manufacturer of the equipment used and which were included in evaluating the equipment for conformance with EPA standards.

(g) failing to maintain competence in the test method and procedures for which the tank tester received training and which the tank tester uses to test tanks and associated piping;
(h) failing to use tank and piping test methods or equipment that has been determined to meet performance standards set by federal regulations in 40 CFR 280.40, 280.43, and 280.44;
(i) failing to notify the Division within 30 calendar days of any change of residence or business address and telephone numbers;
(j) failing to include the licensee's name, address, and license number in any advertisement as defined in section 2731;
(k) aiding or abetting an unlicensed tank tester or assigning a license as defined in section 2731;
( l) failing to possess, while performing services, a license which shall be presented upon demand to the tank owner or operator, the Division or its agents or any state or local official;

(m) failing to keep and maintain complete and correct records as described in sections 2771 and 2772;
(n) violating section 17500 of the Business and Professions Code;
(o) failing to have successfully completed training from a manufacturer of tank or piping test equipment in the test method being used by the licensee prior to using the test method; and
(p) using tank or piping test equipment and procedures which do not meet the requirements of Article 4 of Chapter 16.


Note: Authority cited: Section 25284.4, Health and Safety Code. Reference: Section 25284.4, Health and Safety Code; and Section 17500, Business and Professions Code.




s 2780. Disciplinary proceedings.
A tank tester may be liable civilly in accordance with section 25284.4(h) of the Health and Safety Code and, in addition, may be subject to administrative sanctions pursuant to section 25284.4(g) of the Health and Safety Code for performing, allowing, or causing another to perform, any of the acts specified in section 2773.


Note: Authority cited: Section 25284.4, Health and Safety Code. Reference: Section 25284.4, Health and Safety Code.




s 2781. Action by Division.
A licensee or applicant for licensure (hereafter referred to as "appellant" for the purposes of this Article) who wishes to appeal any discretionary decision made by the Office of Tank Tester Licensing or any violation of the time periods set forth in Article 4 may ask for a review by the Division Chief. The request for review must be in writing and must be postmarked within 30 calendar days of the announcement of examination results or notification of an Office of Tank Tester Licensing decision or violation of the time periods set forth in Article 4. The request for review must be accompanied by all evidence the appellant wishes to be considered by the Division Chief and by the State Water Board in any subsequent review.
The Division Chief shall review all evidence and the decision of the Office of Tank Tester Licensing and shall affirm, rescind, or modify the decision. The Division Chief's determination shall be in writing, labeled as the Division Chief's determination and shall inform the appellant that the determination is final and conclusive unless, within 30 calendar days from the date of receipt of the determination, the appellant requests a review by the State Water Board.


Note: Authority cited: Section 25284.4, Health and Safety Code. Reference: Section 25284.4, Health and Safety Code.




s 2782. Requests for review by the State Water Board.
(a) A request for review by the State Water Board shall contain but not be limited to the following:
(1) name and address of the appellant;
(2) a copy of the Office of Tank Tester Licensing decision and the Division Chief's determination which the State Water Board is requested to review;

(3) the manner in which the petitioner is aggrieved;
(3) the specific action which the appellant wishes the State Water Board to take;
(4) a copy of the evidence presented to the Division Chief prior to the determination.
(b) The appellant may make a written request for a hearing before the State Water Board for the purpose of presenting evidence not provided to the Division Chief.
Any request to present evidence not provided to the Division Chief must include a statement as to why the evidence was not presented to the Division Chief for review.


Note: Authority cited: Section 25284.4, Health and Safety Code. Reference: Section 25284.4, Health and Safety Code.




s 2783. Deficient requests for review.
Upon receipt by the State Water Board of a request for review which does not comply with the provisions of section 2782, the State Water Board shall notify the appellant in what respect the request for review is deficient and the time within which an amended request for review may be filed. If a properly amended request is not received by the State Water Board within the time allowed, the request shall be denied unless good cause is shown for an extension of time.


Note: Authority cited: Section 25284.4, Health and Safety Code. Reference: Section 25284.4, Health and Safety Code.




s 2784. Recommendation by the Division Chief.
A copy of the request for review and any accompanying evidence and statement(s) shall be sent to the Division Chief. The Division Chief shall file a response to the request with the State Water Board within 20 calendar days of the receipt of the request for review.


Note: Authority cited: Section 25284.4, Health and Safety Code. Reference: Section 25284.4, Health and Safety Code.




s 2785. Action by the State Water Board.
(a) The State Water Board may:
(1) refuse to review the Division Chief's determination if the request for review is not filed in accordance with the provisions of section 2782 and 2783.
(2) after review of the petition and the response of the Division Chief: (continued)