2005 California Health and Safety Code Sections 25270-25270.13 CHAPTER 6.67. ABOVEGROUND STORAGE OF PETROLEUM

25270.  The Legislature finds and declares all of the following:
   (a) There are 65,000 or more aboveground tanks in the state which
hold a variety of dangerous substances which may pose minor to very
serious threats to the environment and the public.
   (b) Aboveground storage tanks have been found to leak and spill
into the ground and water, causing major contamination problems.  In
one event alone, in Martinez, California, during April 1988, an
estimated 400,000 gallons of crude oil were spilled into sensitive
marshes, Suisun Bay, and the Bay Delta Estuary, causing major damage
to the ecosystem in the area.
   (c) Among the causes for environmental damage resulting from
aboveground tanks are leaks and spills from tanks due to advanced
age, defects in design or installation, human error, and equipment
failure.
   (d) While there exists a statewide program for determining the
amount and type of hazardous substances being stored in underground
tanks, there does not exist a similar program to commence to address
the problems posed by aboveground tanks.
   (e) The ability to reduce the incidence and damage from hazardous
spills and leaks depends upon preventive steps taken by industry and
monitoring agencies.  The federal government, which has traditionally
monitored aboveground tank installations, is presently experiencing
a severe budget and personnel shortage devoted to the function of
inspecting aboveground tanks.
   (f) The health of California's people, wildlife, fish, and
vegetation depend upon a clean environment.
   (g) It is necessary to protect the state's people and natural
resources by establishing a program of inspecting aboveground
petroleum storage tanks.
25270.1.  This chapter shall be known and may be cited as the
Aboveground Petroleum Storage Act.
25270.2.  For purposes of this chapter, the following definitions
apply:
   (a) "Board" means the State Water Resources Control Board.
   (b) (1) "Certified Unified Program Agency" or "CUPA" means the
agency certified by the Secretary for Environmental Protection to
implement the unified program specified in Chapter 6.11 (commencing
with Section 25404) within a jurisdiction.
   (2) "Participating Agency" or "PA" means an agency which has a
written agreement with the CUPA pursuant to subdivision (d) of
Section 25404.3, and is approved by the secretary, to enforce the
unified program element specified in paragraph (2) of subdivision (c)
of Section 25404, in accordance with Sections 25404.1 and 25404.2.
   (3) "Unified Program Agency" or "UPA" means the CUPA, or its
participating agencies to the extent each PA has been designated by
the CUPA, pursuant to a written agreement, to enforce the unified
program element specified in paragraph (2) of subdivision (c) of
Section 25404.  For purposes of this chapter, the UPAs have the
responsibility and authority, to the extent provided by this chapter
and Sections 25404.1 and 25404.2, to enforce only those requirements
of this chapter listed in paragraph (2) of subdivision (c) of Section
25404. The UPAs also have the responsibility and authority, to the
extent provided by this chapter and Sections 25404.1 and 25404.2, to
implement and enforce the regulations adopted to implement the
requirements of this chapter listed in paragraph (2) of subdivision
(c) of Section 25404. After a CUPA has been certified by the
secretary, the unified program agencies shall be the only local
agencies authorized to enforce the requirements of this chapter
listed in paragraph (2) of subdivision (c) of Section 25404 within
the jurisdiction of the CUPA.  This section shall not be construed to
limit the authority or responsibility granted to the board and the
regional boards by this chapter to implement and enforce this chapter
and the regulations adopted pursuant thereto.
   (c) "Fund" means the Environmental Protection Trust Fund
established pursuant to Section 25270.11.
   (d) "Operator" means the person responsible for the overall
operation of a tank facility.
   (e) "Owner" means the person who owns the tank facility or part of
the tank facility.
   (f) "Person" means an individual, trust, firm, joint stock
company, corporation, including a government corporation,
partnership, limited liability company, or association.  "Person"
also includes any city, county, district, the University of
California, the California State University, the state, any
department or agency thereof, and the United States, to the extent
authorized by federal law.
   (g) "Petroleum" means crude oil, or any fraction thereof, which is
liquid at 60 degrees Fahrenheit temperature and 14.7 pounds per
square inch absolute pressure.
   (h) "Regional board" means a California regional water quality
control board.
   (i) "Release" means any spilling, leaking, pumping, pouring,
emitting, emptying, discharging, escaping, leaching, or disposing
into the environment.
   (j) "Storage" or "store" means the containment, handling, or
treatment of  petroleum, for any period of time, including on a
temporary basis.
   (k) "Storage tank" means any aboveground tank or container used
for the storage of petroleum.  "Storage tank" does not include any of
the following:
   (1) A pressure vessel or boiler which is subject to Part 6
(commencing with Section 7620) of Division 5 of the Labor Code.
   (2) A storage tank containing hazardous waste, as defined in
subdivision (g) of Section 25316, if the person owning or operating
the storage tank has been issued a hazardous waste facilities permit
for the storage tank by the department.
   (3) An aboveground oil production tank which is subject to Section
3106 of the Public Resources Code.
   (4) Oil-filled electrical equipment, including, but not limited
to, transformers, circuit breakers, or capacitors, if the oil-filled
electrical equipment meets either of the following conditions:
   (A) The equipment contains less than 10,000 gallons of dielectric
fluid.
   (B) The equipment contains 10,000 gallons or more of dielectric
fluid with PCB levels less than 50 parts per million, appropriate
containment or diversionary structures or equipment are employed to
prevent discharged oil from reaching a navigable water course, and
the electrical equipment is visually inspected in accordance with the
usual routine maintenance procedures of the owner or operator.
   (l) "Tank facility" means any one, or combination of, aboveground
storage tanks, including any piping which is integral to the tank,
which contains petroleum and which is used by a single business
entity at a single location or site.  For purposes of this chapter, a
pipe is integrally related to an aboveground storage tank if the
pipe is connected to the tank and meets any of the following:
   (1) The pipe is within the dike or containment area.
   (2) The pipe is between the containment area and the first flange
or valve outside the containment area.
   (3) The pipe is connected to the first flange or valve on the
exterior of the tank, if state or federal law does not require a
containment area.
25270.3.  (a) Except as provided in subdivision (b), a tank facility
is subject to this chapter if either of the following conditions
apply:
   (1) The tank facility is subject to the oil pollution prevention
regulations specified in Part 112 (commencing with Section 112.1) of
Subchapter D of Chapter I of Title 40 of the Code of Federal
Regulations.
   (2) (A) The tank facility has a storage capacity of 10,000 gallons
or more of  petroleum.
   (B) Notwithstanding subparagraph (A), a tank facility located on a
farm, nursery, logging site, or construction site is not subject to
the requirements of subdivision (c) of Section 25270.5 if no storage
tank at the location exceeds 20,000 gallons and the cumulative
storage capacity of the tank facility does not exceed 100,000
gallons.
   (b) This chapter does not apply to any tank facility, or portion
of a tank facility, subject to Section 3106 of the Public Resources
Code.
25270.4.  (a) Except as provided in subdivision (b), the board and
the regional board shall administer this chapter with regard to a
tank facility, or a portion of a tank facility, which is subject to
Part 112 (commencing with Section 112.1) of Subchapter D of Chapter I
of Title 40 of the Code of Federal Regulations, except for that
portion of a tank facility associated with the production of oil,
which shall be supervised by the Division of Oil and Gas of the
Department of Conservation pursuant to Section 3106 of the Public
Resources Code.
   (b) (1) If there is a certified unified program agency in a
jurisdiction, the unified program agency shall enforce the
requirements of subdivision (c) of Section 25270.5, pursuant to the
provisions of Sections 25404.1 and 25404.2.
   (2) On and after January 1, 1997, if there is no CUPA, the
requirements of subdivision (c) of Section 25270.5 shall be enforced
by the agency authorized pursuant to subdivision (f) of Section
25404.3.
25270.5.  (a) By January 1, 1991, the board shall adopt a schedule
for the inspection of tank facilities subject to this chapter.  In
adopting this schedule, the board shall give special attention to
those tank facilities which are near navigable waters, potable water
supplies, or sensitive ecosystems, such as wetlands and marshes.
   (b) Each regional board shall conduct periodic inspections of
either each storage tank or a representative sampling of the storage
tanks at each tank facility in accordance with the schedule
determined by the board pursuant to subdivision (a) for compliance
with the spill prevention and countermeasure plan.
   (c) Except as provided in subparagraph (B) of paragraph (2) of
subdivision (a) of Section 25270.3, each owner or operator of a
storage tank at a tank facility subject to this chapter shall prepare
a spill prevention control and countermeasure plan prepared in
accordance with the guidelines contained in Part 112 of Title 40 of
the Code of Federal Regulations.  In meeting the requirement to
prepare a spill prevention control and countermeasure plan, the owner
or operator may, if he or she elects to do so, use the format
adopted pursuant to Section 25503.4.  Each owner or operator
specified in this subdivision shall conduct periodic inspections of
the storage tanks to assure compliance with Section 112.7 of Title 40
of the Code of Federal Regulations.  In implementing the spill
prevention control and countermeasure plan, each owner or operator
specified in this subdivision shall fully comply with the latest
version of the regulations contained in Part 112 of Title 40 of the
Code of Federal Regulations.
   (d) The owner or operator of a tank facility specified in
subparagraph (B) of paragraph (2) of subdivision (a) of Section
25270.3 shall take all of the following actions:
   (1) Conduct daily visual inspections of any tank storing
petroleum.
   (2) Allow the regional board to conduct periodic inspections of
the tank facility.
   (3) Install a secondary means of containment for the entire
contents of the largest tank at the tank facility, plus sufficient
space for precipitation, if the regional board determines this
installation is necessary for the protection of the waters of the
state.
25270.6.  (a) On or before July 1, 1990, and on or before July 1 of
every two years thereafter, each owner or operator of a tank facility
subject to this chapter shall file with the board a storage
statement which shall identify the name and address of the tank
facility, a contact person for the tank facility, the total storage
capacity of the tank facility, and the location, size, age, and
contents of each tank that exceeds 10,000 gallons in capacity and
which holds a substance containing at least 5 percent of petroleum.
A copy of a statement submitted previously pursuant to this section
may be submitted in lieu of a new storage statement if no new or used
storage tanks have been added to the facility or if no significant
modifications have been made.  For purposes of this section, a
significant modification includes, but is not limited to, altering
existing storage tanks or changing spill prevention or containment
methods.
   (b) Each storage statement submitted pursuant to subdivision (a)
shall be accompanied by a fee in accordance with the following
schedule:
         Total Tank Facility
           Storage Capacity                Per Facility Fee
       Less than 10,000 gallons                $   100
          10,000-100,000 gallons                   200
         100,001-1,000,000 gallons                 400
       1,000,001-10,000,000 gallons              1,600
      10,000,001-100,000,000 gallons             8,000
     100,000,001 or more gallons                30,000
   (c) The fees collected pursuant to this section shall be deposited
in the fund until the total sum in the fund equals seven million
five hundred thousand dollars ($7,500,000) in any one year.
   If fees in excess of seven million five hundred thousand dollars
($7,500,000) are collected by the board, a pro rata share of the
excess shall be returned to the owners or operators who paid the fee,
or at the option of the owner or operator, credited to their account
for a subsequent year.  Expenses recovered pursuant to Section
25270.9, and penalties collected pursuant to Section 25270.12, shall
not be available for return or credit to owners or operators pursuant
to this subdivision.  The board shall annually revise the sum of
seven million five hundred thousand dollars ($7,500,000) to reflect
the change in the cost of living in the state.
25270.7.  (a) Except as provided in subdivision (e), the owner or
operator of a tank facility which meets the requirements of
subdivision (b) or (c) shall establish and maintain a monitoring
program pursuant to subdivision (b) or (c), as applicable, which
shall be approved by the regional board, to detect releases to the
soil and water, including both groundwater and surface water.  The
owner or operator shall establish the required monitoring program in
accordance with the requirements and a schedule prescribed by the
regional board.  However, if the regional board requires a monitoring
program, the program shall be implemented as soon as feasible, but
not later than 360 days from the date of notification by the regional
board that a monitoring program is required.  The owner or operator
subject to this section shall designate a schedule for monitoring and
the sample locations, which shall be approved by the regional board.
  The owner or operator shall make the monitoring results available
to the regional board and the Department of Fish and Game.
   (b) Each owner or operator of a tank facility subject to this
chapter which, because of the tank location, tank size,
characteristics of the petroleum being stored or the spill
containment system, has the potential to impact surface waters or
sensitive ecosystems, as determined by the regional board, shall do
either of the following:
   (1) Install and maintain a system, approved by the regional board,
to detect releases into surface waters or sensitive ecosystems.
   (2) If any discharge from a tank facility flows, or would
reasonably be expected to flow, to surface waters or a sensitive
ecosystem, allow a drainage valve to be opened and remain open only
during the presence of an individual who visually observes the
discharge.
   (c) Each owner or operator of a tank facility subject to this
chapter which, because of the tank facility location, tank size, or
characteristics of the petroleum being stored (16 degrees API or
lighter), has the potential to impact the beneficial uses of the
groundwater, as determined by the regional board, and which is not
required to have a groundwater monitoring program at the tank
facility pursuant to any other federal, state, or local law, shall do
any of the following:
   (1) Install a tank facility groundwater monitoring system which
will detect releases of petroleum into the groundwater, as approved
by the regional board.
   (2) Install and maintain a tank foundation design which will
provide for early detection of releases of petroleum before reaching
the groundwater, as approved by the regional board.
   (3) Implement a tank water bottom monitoring system and maintain a
schedule which includes a log or other record which will identify or
indicate releases of petroleum before reaching the groundwater, as
approved by the regional board.
   (4) Use other methods which will detect releases of petroleum into
or before reaching the groundwater, as approved by the regional
board.
   (d) Tank owners or operators shall report all positive findings
from the detection systems required by subdivision (c) to the
appropriate regional board within 72 hours after learning of the
finding.
   (e) This section does not apply to any tank whose exterior
surface, including connecting piping, and the floor directly beneath
the tank, can be monitored by direct viewing.
25270.8.  Each owner or operator of a tank facility shall
immediately, upon discovery, notify the Office of Emergency Services
of the occurrence of a spill or other release of one barrel (42
gallons) or more of petroleum which is required to be reported
pursuant to subdivision (a) of Section 13272 of the Water Code.  The
owner or operator shall notify the local responding agency or the 911
emergency system when the operator determines that emergency
response assistance is required.
25270.9.  The board, the regional board, and the Department of Fish
and Game may use funds appropriated pursuant to Section 25270.11 to
oversee the cleanup or abatement efforts, or to cause cleanup or
abatement efforts, in the event of a release from a storage tank at a
tank facility.
   The reasonable expenses of the board, the regional board, and the
Department of Fish and Game incurred in overseeing or contracting for
cleanup or abatement efforts which result from a leak or spill at a
tank facility are a charge against the owner or operator of the tank
facility.  Expenses reimbursable to a public agency under this
section are a debt of the tank facility owner or operator, and shall
be collectible in the same manner as in the case of an obligation
under contract, express or implied.  The expenses recovered pursuant
to this section shall be deposited in the fund.
25270.10.  (a) The board and the regional board shall periodically
submit to the University of California, and publish in the State
Contracts Register, a list or description of those areas of research
needed by the state and private industry to better assess soil and
water contamination by leaking storage tanks.
   (b) The board may award grants on a competitive bid basis, to
qualified persons to conduct research in areas determined pursuant to
subdivision (a).
25270.11.  (a) There is hereby established in the State Treasury the
Environmental Protection Trust Fund.  The money in the fund is
available for expenditure by the board, upon appropriation by the
Legislature, for the following purposes:
   (1) Inspections of tank facilities.
   (2) Training of inspectors of tank facilities.
   (3) Oversight of, or causing, the cleanup or abatement of a
release pursuant to Section 25270.9, including transfer to the
regional board, or the Department of Fish and Game for this purpose.
   (4) Awarding of research grants pursuant to Section 25270.10.
   (5) To reimburse local and state agencies for reasonable costs
incurred in responding to, overseeing the cleanup or abatement of, or
causing cleanup or abatement efforts of, an accident or disaster
involving an aboveground storage tank spill or release.  Any local or
state agency, except the board, which receives from the fund full
reimbursement for these costs shall transfer to the board its right
to recover costs from the owner or operator of the affected tank
facility.
   (6) To provide for the long-term rehabilitation and maintenance of
affected wetlands and other natural resources affected by storage
tank releases.  The owner, manager, or custodian of adversely
affected wetlands or other natural resources adversely affected by an
aboveground storage tank spill or release may submit a claim for
consideration by the board for funding to provide long-term
rehabilitation and maintenance of those wetlands or other natural
resources.
   (7) To administer this chapter.
   (b) All of the following shall be deposited in the fund:
   (1) Fees collected pursuant to Section 25270.6.
   (2) Expenses recovered pursuant to Section 25270.9.
   (3) Penalties collected pursuant to Section 25270.12.
   (4) Amounts transferred pursuant to Section 3 of the act adding
this chapter.
   (c) The money in the fund shall be expended only for spills or
releases which occur on or after January 1, 1990, except that the
portion of the money in the fund derived from Section 3 of the act
which enacted this section, which is collected and due the state, may
be expended in connection with expenses incurred as a result of any
spill of crude oil exceeding 20,000 gallons which occurred in April,
1988, from one or more facilities located in the County of Contra
Costa or surrounding counties.  Any reimbursement for costs
associated with the spill, for which penalties were collected and
appropriated under Section 3 of that act, shall not exceed the total
penalty collected and transferred to the fund pursuant to Section 3
of that act.
   (d) If a state or local agency obtains full funding for abatement
or cleanup of a spill or release from a source other than the fund
for a purpose authorized  by this chapter, that agency is not
eligible to receive money from the fund pursuant to this section.
Otherwise, nothing in this bill is intended to nullify any other
existing provision of law.
25270.12.  (a) Any owner or operator of a tank facility who fails to
file  a storage report pursuant to subdivision (a) of Section
25270.6, to submit the fee required by subdivision (b) of Section
25270.6, to establish the monitoring system required by Section
25270.7, to report spills as required by subdivision (e) of Section
25270.7 or by Section 25270.8, or otherwise to comply with the
requirements of this chapter is subject to a civil penalty of not
more than five thousand dollars ($5,000) for each day on which the
violation continues.  If the owner or operator commits a second or
subsequent violation, a civil penalty of not more than ten thousand
dollars ($10,000) for each day on which the violation continues may
be imposed.
   (b) The civil penalties provided by this section may be assessed
and recovered in a civil action brought by the board, the regional
board, or the Attorney General.
   (c) The board, the regional board, or the Attorney General may
seek to enjoin, in any court of competent jurisdiction, any person
believed to be in violation of this chapter.
   (d) The penalties collected pursuant to this chapter shall be
deposited in the fund.
   (e) The penalties specified in this section are in addition to any
other penalties provided by law.
25270.13.  This chapter does not preempt local storage tank
ordinances, in effect as of August 16, 1989, which meet or exceed the
standards prescribed by this chapter.