2010 California Code
Health and Safety Code
Chapter 6.7. Underground Storage Of Hazardous Substances ...

25280.  (a) The Legislature finds and declares as follows:
   (1) Substances hazardous to the public health and safety and to
the environment are stored prior to use or disposal in thousands of
underground locations in the state.
   (2) Underground tanks used for the storage of hazardous substances
and wastes are potential sources of contamination of the ground and
underlying aquifers, and may pose other dangers to public health and
the environment.
   (3) In several known cases, underground storage of hazardous
substances, including, but not limited to, industrial solvents,
petroleum products, and other materials, has resulted in undetected
and uncontrolled releases of hazardous substances into the ground.
These releases have contaminated public drinking water supplies and
created a potential threat to the public health and to the waters of
the state.
   (4) The Legislature has previously enacted laws regulating the
management of hazardous wastes, including statutes providing the
means to clean up releases of hazardous substances into the
environment when the public health, domestic livestock, wildlife, and
the environment are endangered. Current laws do not specifically
govern the construction, maintenance, testing, and use of underground
tanks used for the storage of hazardous substances, or the
short-term storage of hazardous wastes prior to disposal, for the
purposes of protecting the public health and the environment.
   (5) The protection of the public from releases of hazardous
substances is an issue of statewide concern.
   (b) The Legislature therefore declares that it is in the public
interest to establish a continuing program for the purpose of
preventing contamination from, and improper storage of, hazardous
substances stored underground. It is the intent of the Legislature,
in enacting this chapter, to establish orderly procedures that will
ensure that newly constructed underground storage tanks meet
appropriate standards and that existing tanks be properly maintained,
inspected, tested, and upgraded so that the health, property, and
resources of the people of the state will be protected.



25280.5.  The Legislature finds and declares all of the following:
   (a) Subchapter IX (commencing with Section 6991) of Chapter 82 of
Title 42 of the United States Code provides for regulation of
underground storage tanks and allows underground storage tanks to be
regulated pursuant to a state program, in lieu of a federal program,
in states which are authorized to implement these provisions.
   (b) It is in the interest of the people of the state, in order to
avoid direct regulation by the federal government of persons already
subject to regulation under state law pursuant to this chapter, to
authorize the state to implement the provisions of Subchapter IX
(commencing with Section 6991) of Chapter 82 of Title 42 of the
United States Code, including any acts amending or supplementing
Subchapter IX and any federal regulations and guidelines adopted
pursuant to Subchapter IX.



25280.6.  Either the owner or operator of an underground storage
tank may comply with the requirements of this chapter that apply to
the owner or operator of an underground storage tank. Both the owner
and the operator of an underground storage tank are responsible for
complying with this chapter and if an underground storage tank is not
in compliance with this chapter, both the owner and the operator of
that underground storage tank are in violation of that requirement.



25281.  For purposes of this chapter, the following definitions
apply:
   (a) "Automatic line leak detector" means any method of leak
detection, as determined in regulations adopted by the board, that
alerts the owner or operator of an underground storage tank to the
presence of a leak. "Automatic line leak detector" includes, but is
not limited to, any device or mechanism that alerts the owner or
operator of an underground storage tank to the presence of a leak by
restricting or shutting off the flow of a hazardous substance through
piping, or by triggering an audible or visual alarm, and that
detects leaks of three gallons or more per hour at 10 pounds per
square inch line pressure within one hour.
   (b) "Board" means the State Water Resources Control Board.
"Regional board" means a California regional water quality control
board.
   (c) "Compatible" means the ability of two or more substances to
maintain their respective physical and chemical properties upon
contact with one another for the design life of the tank system under
conditions likely to be encountered in the tank system.
   (d) (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 that has a
written agreement with the CUPA pursuant to subdivision (d) of
Section 25404.3, and is approved by the secretary to implement or
enforce the unified program element specified in paragraph (3) 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 implement or enforce
the unified program element specified in paragraph (3) of subdivision
(c) of Section 25404. For purposes of this chapter, a UPA has the
responsibility and authority, to the extent provided by this chapter
and Sections 25404.1 and 25404.2, to implement and enforce only those
requirements of this chapter listed in paragraph (3) of subdivision
(c) of Section 25404 and the regulations adopted to implement those
requirements. Except as provided in Section 25296.09, after a CUPA
has been certified by the secretary, the UPA shall be the only local
agency authorized to enforce the requirements of this chapter listed
in paragraph (3) of subdivision (c) of Section 25404 within the
jurisdiction of the CUPA. This paragraph 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 to this chapter.
   (e) "Department" means the Department of Toxic Substances Control.
   (f) "Facility" means any one, or combination of, underground
storage tanks used by a single business entity at a single location
or site.
   (g) "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.
   (h) "Hazardous substance" means either of the following:
   (1)  All of the following liquid and solid substances, unless the
department, in consultation with the board, determines that the
substance could not adversely affect the quality of the waters of the
state:
   (A) Substances on the list prepared by the Director of Industrial
Relations pursuant to Section 6382 of the Labor Code.
   (B) Hazardous substances, as defined in Section 25316.
   (C) Any substance or material that is classified by the National
Fire Protection Association (NFPA) as a flammable liquid, a class II
combustible liquid, or a class III-A combustible liquid.
   (2) Any regulated substance, as defined in subsection (2) of
Section 6991 of Title 42 of the United States Code, as that section
reads on January 1, 1989, or as it may subsequently be amended or
supplemented.
   (i) "Local agency" means the local agency authorized, pursuant to
Section 25283, to implement this chapter.
   (j) "Operator" means any person in control of, or having daily
responsibility for, the daily operation of an underground storage
tank system.
   (k) "Owner" means the owner of an underground storage tank.
   ( l) "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 state, another state of the
United States, any department or agency of this state or another
state, or the United States to the extent authorized by federal law.
   (m) "Pipe" means any pipeline or system of pipelines that is used
in connection with the storage of hazardous substances and that is
not intended to transport hazardous substances in interstate or
intrastate commerce or to transfer hazardous materials in bulk to or
from a marine vessel.
   (n) "Primary containment" means the first level of containment,
such as the portion of a tank that comes into immediate contact on
its inner surface with the hazardous substance being contained.
   (o) "Product tight" means impervious to the substance that is
contained, or is to be contained, so as to prevent the seepage of the
substance from the containment.
   (p) "Release" means any spilling, leaking, emitting, discharging,
escaping, leaching, or disposing from an underground storage tank
into or on the waters of the state, the land, or the subsurface
soils.
   (q) "Secondary containment" means the level of containment
external to, and separate from, the primary containment.
   (r) "Single walled" means construction with walls made of only one
thickness of material. For the purposes of this chapter, laminated,
coated, or clad materials are considered single walled.
   (s) "Special inspector" means a professional engineer, registered
pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of
the Business and Professions Code, who is qualified to attest, at a
minimum, to structural soundness, seismic safety, the compatibility
of construction materials with contents, cathodic protection, and the
mechanical compatibility of the structural elements of underground
storage tanks.
   (t) "Storage" or "store" means the containment, handling, or
treatment of hazardous substances, either on a temporary basis or for
a period of years. "Storage" or "store" does not include the storage
of hazardous wastes in an underground storage tank if the person
operating the tank has been issued a hazardous waste facilities
permit by the department pursuant to Section 25200 or granted interim
status under Section 25200.5.
   (u) "Tank" means a stationary device designed to contain an
accumulation of hazardous substances which is constructed primarily
of nonearthen materials, including, but not limited to, wood,
concrete, steel, or plastic that provides structural support.
   (v) "Tank integrity test" means a test method capable of detecting
an unauthorized release from an underground storage tank consistent
with the minimum standards adopted by the board.
   (w) "Tank tester" means an individual who performs tank integrity
tests on underground storage tanks.
   (x) "Unauthorized release" means any release of any hazardous
substance that does not conform to this chapter, including an
unauthorized release specified in Section 25295.5.
   (y) (1) "Underground storage tank" means any one or combination of
tanks, including pipes connected thereto, that is used for the
storage of hazardous substances and that is substantially or totally
beneath the surface of the ground. "Underground storage tank" does
not include any of the following:
   (A) A tank with a capacity of 1,100 gallons or less that is
located on a farm and that stores motor vehicle fuel used primarily
for agricultural purposes and not for resale.
   (B) A tank that is located on a farm or at the residence of a
person, that has a capacity of 1,100 gallons or less, and that stores
home heating oil for consumptive use on the premises where stored.
   (C) Structures, such as sumps, separators, storm drains, catch
basins, oil field gathering lines, refinery pipelines, lagoons,
evaporation ponds, well cellars, separation sumps, lined and unlined
pits, sumps and lagoons. A sump that is a part of a monitoring system
required under Section 25290.1, 25290.2, 25291, or 25292 and sumps
or other structures defined as underground storage tanks under the
federal act are not exempted by this subparagraph.
   (D) A tank holding hydraulic fluid for a closed loop mechanical
system that uses compressed air or hydraulic fluid to operate lifts,
elevators, and other similar devices.
   (2) Structures identified in subparagraphs (C) and (D) of
paragraph (1) may be regulated by the board and any regional board
pursuant to the Porter-Cologne Water Quality Control Act (Division 7
(commencing with Section 13000) of the Water Code) to ensure that
they do not pose a threat to water quality.
   (z) "Underground tank system" or "tank system" means an
underground storage tank, connected piping, ancillary equipment, and
containment system, if any.
   (aa) (1) "Unified program facility" means all contiguous land and
structures, other appurtenances, and improvements on the land that
are subject to the requirements of paragraph (3) of subdivision (c)
of Section 25404.
   (2) "Unified program facility permit" means a permit issued
pursuant to Chapter 6.11 (commencing with Section 25404), and that
encompasses the permitting requirements of Section 25284.
   (3) "Permit" means a permit issued pursuant to Section 25284 or a
unified program facility permit as defined in paragraph (2).




25281.5.  (a) Notwithstanding subdivision (m) of Section 25281, for
purposes of this chapter "pipe" means all parts of any pipeline or
system of pipelines, used in connection with the storage of hazardous
substances, including, but not limited to, valves and other
appurtenances connected to the pipe, pumping units, fabricated
assemblies associated with pumping units, and metering and delivery
stations and fabricated assemblies therein, but does not include any
of the following:
   (1) An interstate pipeline subject to Part 195 (commencing with
Section 195.0) of Subchapter D of Chapter 1 of Title 49 of the Code
of Federal Regulations.
   (2) An intrastate pipeline subject to Chapter 5.5 (commencing with
Section 51010) of Part 1 of Division 1 of Title 5 of the Government
Code.
   (3) Unburied delivery hoses, vapor recovery hoses, and nozzles
that are subject to unobstructed visual inspection for leakage.
   (4) Vent lines, vapor recovery lines, and fill pipes which are
designed to prevent, and do not hold, standing fluid in the pipes or
lines.
   (b) In addition to the exclusions specified in subdivision (y) of
Section 25281, "underground storage tank" does not include any of the
following:
   (1) Vent lines, vapor recovery lines, and fill pipes that are
designed to prevent, and do not hold, standing fluid in the pipes or
lines.
   (2) Unburied fuel delivery piping at marinas if the owner or
operator conducts daily visual inspections of the piping and
maintains a log of inspection results for review by the local agency.
The exclusion provided by this paragraph shall not be applicable if
the board adopts regulations pursuant to Section 25299.3 that address
the design, construction, upgrade, and monitoring of unburied fuel
delivery piping at marinas.
   (3) Unburied fuel piping connected to an emergency generator tank
system, if the owner or operator conducts visual inspections of the
piping each time the tank system is operated, but no less than
monthly, and maintains a log of inspection results for review by the
local agency. The exclusion provided by this paragraph does not apply
if the board adopts regulations pursuant to Section 25299.3 that
address the design, construction, upgrade, and monitoring of unburied
fuel supply and return piping connected to emergency generator tank
systems.
   (c) For purposes of this chapter, "emergency generator tank system"
means an underground storage tank system that provides power supply
in the event of a commercial power failure, stores diesel fuel, and
is used solely in connection with an emergency system, legally
required standby system, or optional standby system, as defined in
Articles 700, 701, and 702 of the National Electrical Code of the
National Fire Protection Association.



25281.6.  (a) A tank located in a below-grade structure and
connected to an emergency generator tank system, as defined in
subdivision (c) of Section 25281.5, is exempt from the requirements
of this chapter if all of the following conditions are met:
   (1) The tank is situated above the surface of the floor in such a
way that all of the surfaces of the tank can be visually inspected by
either direct viewing, through the use of visual aids, including,
but not limited to, mirrors, cameras, or video equipment, or
monitored through the use of a continuous leak detection and alarm
system capable of detecting unauthorized releases of hazardous
substances.
   (2) For a single-walled tank, in addition to all the other
requirements in this section, the structure, or a separate discrete
secondary structure able to contain the entire contents of the liquid
stored in the tank, is sealed with a material compatible with the
stored product.
   (3) The owner or operator of the tank conducts visual inspections
of the tank each time the emergency generator tank system is
operated, or at least once a month, and maintains a log of inspection
dates for review by the local agency.
   (4) The tank or combination of tanks in the below-grade structure
has a cumulative capacity of 1,100 gallons or less of diesel fuel.
   (b) Nothing in this section excludes an emergency generator tank
system from other applicable laws, codes, and regulations.
   (c) The exclusion provided by this section does not apply if the
board adopts regulations pursuant to Section 25299.3 that address the
design, construction, upgrade, and monitoring of underground storage
tanks contained in below-grade structures that are connected to
emergency generator tank systems.


25282.  (a) The department shall compile a comprehensive master list
of hazardous substances. The master list shall be made available to
the public and mailed to each local agency no later than June 30,
1984, notwithstanding any other provision of law, including Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code. Local agencies and owners or operators of
underground storage tanks shall use the master list or, when adopted,
the revised list adopted pursuant to subdivision (b), to determine
which underground storage tanks require permits pursuant to this
chapter. Hazardous substances included on the list may be denominated
by scientific, common, trade, or brand names.
   (b) The department may revise, when appropriate, the master list
of all the hazardous substances specified in subdivision (a). The
revised list of hazardous substances shall be prepared and adopted,
and may be further revised, in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code.



25283.  (a) (1) This chapter shall be implemented, pursuant to the
regulations adopted by the board, by one of the following:
   (A) If there is a CUPA, the unified program agency.
   (B) If there is no CUPA, by one of the following:
   (i) Before January 1, 1997, the county or a city, pursuant to
paragraph (2).
   (ii) On and after January 1, 1997, the agency authorized pursuant
to subdivision (f) of Section 25404.3.
   (2) (A) Before January 1, 1997, if there is no CUPA, a city may,
by ordinance, assume responsibility for the implementation of this
chapter pursuant to the regulations adopted by the board and, if so,
shall have exclusive jurisdiction within the boundary of the city for
the purposes of carrying out this chapter. The ordinance adopted by
the city shall comply with this chapter, applicable federal laws, and
the regulations and guidelines adopted pursuant thereto. If there is
no CUPA, a city which, prior to January 1, 1990, was exempt from
implementing this chapter, has the exclusive jurisdiction, within its
boundaries, for the purpose of implementing this chapter.
   (B) No city may assume responsibility for implementation of this
chapter unless it has notified the county, on or before July 1, 1990,
of its intentions to assume responsibility for implementation of
this chapter.
   (C) A city's authorization for implementing this chapter pursuant
to this paragraph shall remain in effect only until a CUPA is
certified, or until January 1, 1997, whichever is earlier. On and
after January 1, 1997, the agency responsible for administering and
enforcing this chapter shall be the agency so authorized pursuant to
subdivision (f) of Section 25404.3.
   (b) If there is no CUPA, the county and any city that assumes
responsibility pursuant to paragraph (2) of subdivision (a) shall
designate a department, office, or other agency of that county or
city, as the case may be, as the local agency responsible for
administering and enforcing this chapter, pursuant to subdivision
(a). A city that assumes responsibility for implementation of this
chapter pursuant to paragraph (2) of subdivision (a) shall designate
the agency which has responsibility for implementing Chapter 6.95
(commencing with Section 25500) as the local agency responsible for
administering and enforcing this chapter. A designation pursuant to
this subdivision shall remain in effect only until a CUPA is
certified or until January 1, 1997, whichever is earlier. On and
after January 1, 1997, the agency responsible for administering and
enforcing this chapter shall be the agency so authorized pursuant to
subdivision (f) of Section 25404.3.
   (c) If the agency which receives certification as a certified
unified program agency subsequently withdraws or is decertified
before January 1, 1997, the local agency responsible for
administering and enforcing this chapter prior to the certification
of the CUPA shall assume responsibility for administering and
enforcing this chapter until a successor CUPA is certified or until
January 1, 1997, whichever is earlier.
   (d) Revenue from fees collected by the county pursuant to this
chapter shall be prorated between the city and county based upon when
the city assumes responsibility for implementation of this chapter.



25283.1.  This chapter does not prohibit any county from entering
into a joint powers agreement with other counties for the purposes of
enforcing this chapter.



25283.5.  (a) An underground storage tank that meets all of the
following criteria is exempt from the requirements of this chapter:
   (1) All exterior surfaces of the tank, including connected piping,
and the floor directly beneath the tank, can be monitored by direct
viewing.
   (2) The structure in which the tank is located is constructed in
such a manner that the structure, at a minimum, provides for
secondary containment of the contents of the tank, as determined by
the local agency designated pursuant to Section 25283.
   (3) The owner or operator of the underground storage tank conducts
weekly inspections of the tank and maintains a log of inspection
results for review by the local agency designated pursuant to Section
25283, as requested by the local agency.
   (4) Except as provided in paragraph (5), the local agency
designated pursuant to Section 25283 determines that the underground
storage tank meets requirements that are equal to or more stringent
than those imposed by this chapter.
   (5) If the underground storage tank is installed on or after July
1, 2003, notwithstanding Sections 25290.1 and 25290.2, the local
agency determines the tank meets both of the following:
   (A) Requirements that are equal to, or more stringent than, the
requirements of paragraphs (1) to (6), inclusive, of subdivision (a)
and subdivisions (b) to (i), inclusive, of Section 25291.
   (B) Notwithstanding Section 25281.5, any portion of a vent line,
vapor recovery line, or fill pipe that is beneath the surface of the
ground is subject to regulation as a "pipe," as defined in
subdivision (m) of Section 25281.
   (b) This section does not prohibit a local fire chief or an
enforcement agency, as defined in Section 16006, from enforcing the
applicable provisions of the local or state fire, building, or
electrical codes.


25284.  (a) (1) Except as provided in subdivision (c), no person may
own or operate an underground storage tank unless a permit for its
operation has been issued by the local agency to the owner or
operator of the tank, or a unified program facility permit has been
issued by the local agency to the owner or operator of the unified
program facility on which the tank is located.
   (2) If the operator is not the owner of the tank, or if the permit
is issued to a person other than the owner or operator of the tank,
the permittee shall ensure that both the owner and the operator of
the tank are provided with a copy of the permit.
   (3) If the permit is issued to a person other than the operator of
the tank, that person shall do all of the following:
   (A) Enter into a written agreement with the operator of the tank
to monitor the tank system as set forth in the permit.
   (B) Provide the operator with a copy or summary of Section 25299
in the form that the board specifies by regulation.
   (C) Notify the local agency of any change of operator.
   (b) Each local agency shall prepare a form that provides for the
acceptance of the obligations of a transferred permit by any person
who is to assume the ownership of an underground storage tank from
the previous owner and is to be transferred the permit to operate the
tank. That person shall complete the form accepting the obligations
of the permit and submit the completed form to the local agency
within 30 days from the date that the ownership of the underground
storage tank is to be transferred. A local agency may review and
modify, or terminate, the transfer of the permit to operate the
underground storage tank, pursuant to the criteria specified in
subdivision (a) of Section 25295, upon receiving the completed form.
   (c) Any person assuming ownership of an underground storage tank
used for the storage of hazardous substances for which a valid
operating permit has been issued shall have 30 days from the date of
assumption of ownership to apply for an operating permit pursuant to
Section 25286 or, if accepting a transferred permit, shall submit to
the local agency the completed form accepting the obligations of the
transferred permit, as specified in subdivision (b). During the
period from the date of application until the permit is issued or
refused, the person shall not be held to be in violation of this
section.
   (d) A permit issued pursuant to this section shall apply and
require compliance with all applicable regulations adopted by the
board pursuant to Section 25299.3.



25284.1.  (a) The board shall take all of the following actions with
regard to the prevention of unauthorized releases from petroleum
underground storage tanks:
   (1) On or before June 1, 2000, initiate a field-based research
program to quantify the probability and environmental significance of
releases from underground storage tank systems meeting the 1998
upgrade requirements specified in Section 25284, as that section read
on January 1, 2002. The research program shall do all of the
following:
   (A) Seek to identify the source and causes of releases and any
deficiencies in leak detection systems.
   (B) Include single-walled, double-walled, and hybrid tank systems,
and avoid bias towards known leaking underground storage tank
systems by including a statistically valid sample of all operating
underground storage tank systems.
   (C) Include peer review.
   (2) Complete the research program on or before June 1, 2002.
   (3) Use the results of the research program to develop appropriate
changes in design, construction, monitoring, operation, and
maintenance requirements for tank systems.
   (4) On or before January 1, 2001, adopt regulations to do all of
the following:
   (A) (i) Require underground storage tank owners, operators,
service technicians, installers, and inspectors to meet minimum
industry-established training standards and require tank facilities
to be operated in a manner consistent with industry-established best
management practices.
   (ii) The board shall implement an outreach effort to educate small
business owners or operators on the importance of the regulations
adopted pursuant to this subparagraph.
   (B) (i) Except as provided in clauses (ii) and (iii), require
testing of the secondary containment components, including
under-dispenser and pump turbine containment components, upon initial
installation of a secondary containment component and periodically
thereafter, to ensure that the system is capable of containing
releases from the primary containment until a release is detected and
cleaned up. The board shall consult with the petroleum industry and
local government to assess the appropriate test or tests that would
comply with this subparagraph.
   (ii) Secondary containment components that are part of an
emergency generator tank system may be tested using enhanced leak
detection, if the test is performed at the frequency specified by the
board for testing of secondary containment pursuant to Section
2644.1 of Title 23 of the California Code of Regulations. If the
results of the enhanced leak detection test indicate that any
component of the emergency generator tank system is leaking liquid or
vapor, the owner or operator shall take appropriate actions to
correct the leakage, and the owner or operator shall retest the
system using enhanced leak detection until the system is no longer
leaking liquid or vapor.
   (iii) Any tank or piping that is part of an emergency generator
tank system and located within a structure as described in paragraph
(2) of subdivision (a) of Section 25283.5 is exempt from the
secondary containment testing required by clause (i) of subparagraph
(B) of paragraph (4), if the owner or operator conducts visual
inspections of tank or piping each time the tank system is operated,
but no less than monthly, and maintains a log of inspection results
for review by the local agency. The provisions of this clause are not
applicable if the board adopts regulations pursuant to Section
25299.3 that address the design, construction, upgrade, and
monitoring of unburied tanks that are part of an emergency generator
tank system.
   (C) Require annual testing of release detection sensors and
alarms, including under-dispenser and pump turbine containment
sensors and alarms. The board shall consult with the petroleum
industry and local government to assess the appropriate test or tests
that would comply with this subparagraph.
   (5) (A) Require an owner or operator of an underground storage
tank installed after July 1, 1987, if a tank is located within 1,000
feet of a public drinking water well, as identified pursuant to the
state GIS mapping database, to have the underground storage tank
system fitted, on or before July 1, 2001, with under-dispenser
containment or a spill containment or control system that is approved
by the board as capable of containing any accidental release.
   (B) Require all underground storage tanks installed after January
1, 2000, to have the tank system fitted with under-dispenser
containment or a spill containment or control system to meet the
requirements of subparagraph (A).
   (C) Require an owner or operator of an underground storage tank
that is not otherwise subject to subparagraph (A), and not subject to
subparagraph (B), to have the underground storage tank system fitted
to meet the requirements of subparagraph (A), on or before December
31, 2003.
   (D) On and after January 1, 2002, no person shall install, repair,
maintain, or calibrate monitoring equipment for an underground
storage tank unless that person satisfies both of the following
requirements:
   (i) The person has fulfilled training standards identified by the
board in regulations adopted pursuant to this section.
   (ii) The person possesses a tank testing license issued by the
board pursuant to Section 25284.4, or a Class "A" General Engineering
Contractor License, C-10 Electrical Contractor License, C-34
Pipeline Contractor License, C-36 Plumbing Contractor License, or
C-61 (D40) Limited Specialty Service Station Equipment and
Maintenance Contractor License issued by the Contractors' State
License Board.
   (E) Loans and grants for the installation of under-dispenser
containment or a spill containment or control system shall be made
available pursuant to Chapter 8.5 (commencing with Section 15399.10)
of Part 6.7 of Division 3 of Title 2 of the Government Code.
   (6) Convene a panel of local agency and regional board
representatives to review existing enforcement authority and
procedures and to advise the board of any changes that are needed to
enable local agencies to take adequate enforcement action against
owners and operators of noncompliant underground storage tank
facilities. The panel shall make its recommendations to the board on
or before September 30, 2001. Based on the recommendations of the
panel, the board shall also establish effective enforcement
procedures in cases involving fraud.
   (b) On or before July 1, 2001, the Contractors' State License
Board, in consultation with the board, the petroleum industry, air
pollution control districts, air quality management districts, and
local government, shall review its requirements for petroleum
underground storage tank system installation and removal contractors
and make changes, where appropriate, to ensure these contractors are
qualified.


25284.2.  The owner or operator of an underground storage tank with
a spill containment structure designed to prevent a release in the
event of a spill or overfill while a hazardous substance is being
placed in the tank shall annually test the spill containment
structure to demonstrate that it is capable of containing the
substance until it is detected and cleaned up.



25284.4.  (a) All tank integrity tests required by this chapter or
pursuant to any local ordinance in compliance with Section 25299.1
shall be performed only by, or under the direct and personal
supervision of, a tank tester with a currently valid tank testing
license issued pursuant to this section. No person shall engage in
the business of tank integrity testing, or act in the capacity of a
tank tester, within this state without first obtaining a tank testing
license from the board. Any person who violates this subdivision is
guilty of a misdemeanor and may be subject to civil liability
pursuant to subdivision (g).
   (b) Any person proposing to conduct tank integrity testing within
the state shall apply to the board for a tank testing license, and
shall pay the appropriate fee established by the board. A license
issued pursuant to this section shall expire three years after the
date of issuance and shall be subject to renewal, except as specified
in this section. If the tank tester fails to renew the tank tester's
license within three years of the license's expiration date, the
license shall lapse and the person shall apply for a new tank testing
license and shall meet the same requirements of this section for a
new applicant. A tank tester shall pay a fee to the board at the time
of licensing and at the time of renewal. The board shall adopt a fee
schedule for the issuance and renewal of tank testing licenses to
cover the necessary and reasonable costs of administering and
enforcing this section.
   (c) (1) The board may establish any additional qualifications and
standards for the licensing of tank testers. Each applicant for
licensing as a tank tester shall pass an examination specified by the
board and shall have completed a minimum of either of the following:
   (A) One year of qualifying field experience by personally testing
a number of underground storage tanks specified by the board.
   (B) Completed six months of field experience by personally testing
a number of underground storage tanks specified by the board and
have successfully completed a course of study applicable to tank
testing that is satisfactory to the board.
   (2) The examination required by paragraph (1) shall, at a minimum,
test the applicant's knowledge of all of the following:
   (A) General principles of tank and pipeline testing.
   (B) Basic understanding of the mathematics relating to tank
testing.
   (C) Understanding of the specific test procedures, principles, and
equipment for which the tank tester will be qualified to operate.
   (D) Knowledge of the regulations and laws governing the regulation
of underground storage tanks.
   (E) Proper safety procedures.
   (d) The board shall maintain a current list of all persons
licensed pursuant to this section, including a record of enforcement
actions taken against these persons. This list shall be made
available to local agencies and the public on request.
   (e) A tank tester may be liable civilly in accordance with
subdivision (g) and, in addition, may be subject to administrative
sanctions pursuant to subdivision (f) for performing or causing
another to perform, any of the following actions:
   (1) Willfully or negligently violating, or causing, or allowing
the violation of, this chapter or any regulations adopted pursuant to
this chapter.
   (2) Willfully or negligently failing to exercise direct and
personal control over an unlicensed employee, associate, assistant,
or agent during any phase of tank integrity testing.
   (3) Without regard to intent or negligence, using or permitting a
licensed or unlicensed employee, associate, assistant, or agent to
use any method or equipment that is demonstrated to be unsafe or
unreliable for tank integrity testing.
   (4) Submitting false or misleading information on an application
for license.
   (5) Using fraud or deception in the course of doing business as a
tank tester.
   (6) Failing to use reasonable care, or judgment, while performing
tank integrity tests.
   (7) Failing to maintain competence in approved tank testing
procedures.
   (8) Failing to use proper tests or testing equipment to conduct
tank integrity tests.
   (9) Any other action that the board may, by regulation, prescribe.
   (f) (1) The board may suspend the license of a tank tester for a
period of up to one year, and may revoke, or refuse to grant or
renew, a license and may place on probation, or reprimand, the
licensee upon any reasonable ground, including, but not limited to,
those violations specified in subdivision (e). The board may
investigate any licensed tank tester after receiving a written
request from a local agency.
   (2) The board shall notify the tank tester of any alleged
violations and of proposed sanctions, before taking any action
pursuant to this subdivision. The tank tester may request a hearing,
or submit a written response within 30 days of the date of notice.
Any hearing conducted pursuant to this subdivision shall be conducted
in accordance with the hearing procedure specified in subdivision
(g). After the hearing, or at a time after the 30-day response
period, the board may impose the appropriate administrative sanctions
authorized by this subdivision if it finds that the tank tester has
committed any of the alleged violations specified in the notice.
   (g) (1) The board may impose civil liability for a violation of
subdivision (a) or (e) in accordance with Article 2.5 (commencing
with Section 13323) of Chapter 5 of Division 7 of the Water Code, in
an amount that shall not exceed five hundred dollars ($500) for each
day in which the violation occurs, except that the chief of the
division of water quality of the board or any other person designated
by the board shall issue the complaint to the violator. The
complaint shall be issued based on information developed by board
staff or local agencies. Any hearing on the complaint shall be made
before the board, or a panel thereof, consisting of one or more board
members. The decision of the board shall be final upon issuance and
may be reviewed pursuant to Article 3 (commencing with Section 13330)
of Chapter 5 of Division 7 of the Water Code within 30 days
following issuance of the order.
   (2) Civil liability for a violation of subdivision (a) or (e) may
be imposed by a superior court at the request of the board in an
amount which shall not exceed two thousand five hundred dollars
($2,500) for each day in which the violation occurs.
   (h) Any fees or civil liability collected pursuant to this section
shall be deposited in the Underground Storage Tank Tester Account
which is hereby created in the General Fund. The money in this
account is available for expenditure by the board, upon appropriation
by the Legislature, for purposes of implementing the tank tester
licensing program established by this section and for repayment of
the loan made by Section 13 of Chapter 1372 of the Statutes of 1987.
   (i) A tank tester who conducts or supervises a tank or piping
integrity test shall prepare a report detailing the results of the
tank test and shall maintain a record of the report for at least
three years, or as otherwise required by the board. The tank tester
shall type or print his or her name and include his or her license
number on the report and shall endorse the report under penalty of
perjury by original signature.



25285.  (a) Except as provided in Section 25285.1, a permit to
operate issued by the local agency pursuant to Section 25284 shall be
effective for five years. This subdivision does not apply to unified
program facility permits.
   (b) A local agency shall not issue or renew a permit to operate an
underground storage tank if the local agency inspects the tank and
determines that the tank does not comply with this chapter.
   (c) Except as provided in Section 25404.5, a local agency shall
not issue or renew a permit to operate an underground storage tank to
any person who has not paid the fee and surcharge required by
Section 25287.


25285.1.  (a) A local agency may revoke or modify a permit issued
pursuant to Section 25284 for cause, including, but not limited to,
any of the following:
   (1) Violation of any of the terms or conditions of the permit.
   (2) Obtaining the permit by misrepresentation or intentional
failure to fully disclose all relevant facts.
   (3) A change in any condition that requires modification or
termination of the operation of the underground storage tank.
   (b) The local agency shall revoke the permit of an underground
storage tank issued pursuant to Section 25284 if the owner or
operator is not in compliance with Article 3 (commencing with Section
25299.30) of Chapter 6.75 on the date three months after the date on
which the owner or operator of the tank first becomes subject to
Article 3 (commencing with Section 25299.30) of Chapter 6.75.



25286.  (a) An application for a permit to operate an underground
storage tank, or for renewal of the permit, shall be made, by the
owner or operator of the tank, or, if there is a CUPA, by the owner
or operator of the unified program facility on which the tank is
located, on a standardized form provided by the local agency. Except
as provided in Section 25404.5, the permit shall be accompanied by
the appropriate fee, as specified in Section 25287. As a condition of
any permit to operate an underground storage tank, the permittee
shall notify the local agency, within the period determined by the
local agency, of any changes in the usage of the underground storage
tank, including the storage of new hazardous substances, changes in
monitoring procedures, and if there has been any unauthorized release
from the underground storage tank, as specified in Section 25294 or
25295.
   (b) (1) The local agencies shall provide the designee of the board
with copies of the completed permit applications, using forms, an
industry standard computer readable magnetic tape, diskettes, or any
other form in a format acceptable to the board.
   (2) The board may enter into a contract with any designee of the
board for the purpose of administering the underground storage tank
permit data base, and reimburse the designee of the board, upon
appropriation by the Legislature, for any costs determined by the
board to have been necessary and incurred pursuant to this section,
including programming, training, maintenance, actual data processing
expenditures, and any incidental costs of the operation of the data
base related to the permitting of underground storage tanks. In
selecting a contractor pursuant to this paragraph, the board shall
consider the fiscal impact upon local agencies of converting to the
data base systems and procedures employed by that contractor. The
permit application information required in subdivision (c) shall be
stored in the data base. The designee of the board shall submit to
the board a quarterly report, including any information required by
the board concerning permit application data. Each local agency shall
provide the designee of the board with a copy of the completed
permit application within 30 days after taking final action on the
application.
   (c) The application form shall include, but not be limited to,
requests for the following information:
   (1) A description of the age, size, type, location, uses, and
construction of the underground storage tank or tanks.
   (2) A list of all the hazardous substances which are or will be
stored in the underground storage tank or tanks, specifying the
hazardous substances for each underground storage tank.
   (3) A description of the monitoring program for the underground
tank system.
   (4) The name and address of the person, firm, or corporation which
owns the underground tank system and, if different, the name and
address of the person who operates the underground tank system.
   (5) The address of the facility at which the underground tank
system is located.
   (6) The name of the person making the application.
   (7) The name and 24-hour phone number of the contact person in the
event of an emergency involving the facility.
   (8) If the owner or operator of the underground storage tank or
the owner or operator of the unified program facility on which the
tank is located is a public agency, the application shall include the
name of the supervisor of the division, section, or office which
owns or operates the tank or owns or operates the unified program
facility.
   (9) The State Board of Equalization registration number issued to
the owner of the tank pursuant to Section 50108.1 of the Revenue and
Taxation Code.
   (10) If applicable, the name and address of the owner and, if
different, the operator of the unified program facility on which the
tank is located.
   (d) If an underground storage tank is used to store a hazardous
substance which is not listed in the application, as required by
paragraph (2) of subdivision (c), the permittee shall apply for a new
or amended permit within 30 days after commencing the storage of
that hazardous substance.



25287.  (a) Except as provided in subdivision (c), a fee shall be
paid to the local agency by each person who submits an application
for a permit to operate an underground storage tank or to renew or
amend a permit. The governing body of the county, or a city which
assumes enforcement jurisdiction, shall establish the amount of the
fees at a level sufficient to pay the necessary and reasonable costs
incurred by the local agency in administering this chapter,
including, but not limited to, permitting and inspection
responsibilities. The governing body may provide for the waiver of
fees when a state or local government agency makes an application for
a permit to operate or an application to renew a permit.
   (b) This fee shall include a surcharge, the amount of which shall
be determined by the Legislature annually to cover the costs of the
board in carrying out its responsibilities under this chapter and the
costs of the local agency in collecting the surcharges. The local
agency may retain 6 percent of any surcharge collected for costs
incurred in its collection. The 6 percent of the surcharge retained
by the local agency is the local agency's sole source of
reimbursement for the cost of collecting the surcharge. The local
agency shall transmit all remaining surcharge revenue collected by
the local agency to the board within 45 days after receipt pursuant
to subdivision (a). The surcharge shall be deposited in the
Underground Storage Tank Fund hereby created in the General Fund. The
money in this account is available, upon appropriation by the
Legislature, to the board for the purposes of implementing this
chapter.
   (c) A local agency may waive the fee required by subdivision (a)
for an underground storage tank which has a capacity of 5,000 gallons
or less, which is located on a farm, and which contains motor
vehicle or heating fuel used primarily for agricultural purposes, if
the local agency finds that the fee will impose undue economic
hardship upon the person applying for the permit. However, the local
agency shall not waive the surcharge required under subdivision (b).
   (d) A county of the fifth class, as defined in Section 28020 of
the Government Code as a county with a population of 1,000,000 and
under 1,070,000, and any city located within that county, is exempt
from the requirements of collecting or transmitting to the board the
surcharge required to be included in fees paid to a local agency
pursuant to this section.
   (e) This section does not apply in any jurisdiction in which a
single fee system, which replaces the fee required by this section,
has been implemented pursuant to Section 25404.5.



25288.  (a) The local agency shall inspect every underground tank
system within its jurisdiction at least once every year. The purpose
of the inspection is to determine whether the tank system complies
with the applicable requirements of this chapter and the regulations
adopted by the board pursuant to Section 25299.3, including the
design and construction standards of Section 25290.1, 25290.2, 25291,
or 25292, whichever is applicable, whether the owner or operator has
monitored and tested the tank system as required by the permit, and
whether the tank system is in a safe operating condition.
   (b) After an inspection conducted pursuant to subdivision (a), the
local agency shall prepare a compliance report detailing the
inspection and shall send a copy of this report to the permitholder
and the owner or operator, if the owner or operator is not the
permitholder. Any report prepared pursuant to this section shall be
consolidated into any other inspection reports required pursuant to
Chapter 6.11 (commencing with Section 25404), the requirements listed
in subdivision (c) of Section 25404, and the regulations adopted to
implement the requirements listed in subdivision (c) of Section
25404.
   (c) In lieu of the annual local agency inspections, the local
agency may require the permitholder to employ a special inspector to
conduct the annual inspection. The local agency shall supply the
permitholder with a list of at least three special inspectors that
are qualified to conduct the inspection. The permitholder shall
employ a special inspector from the list provided by the local
agency. The special inspector's authority shall be the same as that
of the local agency as set forth in subdivision (a).
   (d) Within 60 days after receiving a compliance report or special
inspection report prepared in accordance with subdivision (b) or (c),
respectively, the permitholder shall file with the local agency a
plan to implement all recommendations contained in the compliance
report or shall demonstrate, to the satisfaction of the local agency,
why these recommendations should not be implemented. Any corrective
action conducted pursuant to the recommendations in the report shall
be taken pursuant to Sections 25296.10 and 25299.36.




25289.  (a) To carry out the purposes of this chapter or Chapter
6.75 (commencing with Section 25299.10), any duly authorized
representative of the local agency, the regional board, or the board
has the authority specified in Section 25185, with respect to any
place where underground tank systems are located, or in which records
relevant to operation of an underground tank system are kept, and in
Section 25185.5, with respect to real property which is within 2,000
feet of any place where underground tank systems are located. The
authority conferred by this subdivision includes the authority to
conduct any monitoring or testing of an underground tank system.
   (b) To carry out the purposes of this chapter or Chapter 6.75
(commencing with Section 25299.10), any authorized representative of
the local agency, the regional board, or the board may require the
owner or operator of an underground storage tank to, upon request,
submit any information relevant to the compliance with this chapter
or the regulations, to conduct monitoring or testing, and to report
the results of that monitoring or testing under penalty of perjury.
The burden of the monitoring, testing, and reporting, including
costs, shall bear a reasonable relationship to the need for the
monitoring, testing, and reporting.



25290.  (a) "Trade secrets," as used in this chapter, includes, but
is not limited to, any formula, plan, pattern, process, tool,
mechanism, compound, procedure, production data, or compilation of
information which is not patented, which is known only to certain
individuals within a commercial concern who are using it to
fabricate, produce, or compound an article of trade or a service
having commercial value, and which gives its user an opportunity to
obtain a business advantage over competitors who do not know or use
it.
   (b) The board or a local agency may disclose trade secrets
received by the board or the local agency pursuant to this chapter to
authorized representatives or other governmental agencies only in
connection with the board's or local agency's responsibilities
pursuant to this chapter. The board and the local agency shall
establish procedures to ensure that these trade secrets are utilized
only in connection with these responsibilities and are not otherwise
disseminated without the consent of the person who provided the
information to the board or the local agency.
   (c) Any person providing information pursuant to Section 25286
shall, at the time of its submission, identify all information which
the person believes is a trade secret. Any information or record not
identified as a trade secret is available to the public, unless
exempted from disclosure by other provisions of law.
   (d) Where the local agency, by ordinance, provides an alternative
to the listing of a substance which is a trade secret, the person
storing that substance shall provide the identification of the
material directly to the board pursuant to this section.



25290.1.  (a) Notwithstanding subdivision (o) of Section 25281, for
purposes of this section, "product tight" means impervious to the
liquid and vapor of the substance that is contained, or is to be
contained, so as to prevent the seepage of the substance from the
containment.
   (b) Notwithstanding Sections 25290.2 and 25291, every underground
storage tank installed on or after July 1, 2004, shall meet the
requirements of this section.
   (c) The underground storage tank shall be designed and constructed
to provide primary and secondary levels of containment of the
hazardous substances stored in it in accordance with the following
performance standards:
   (1) Primary containment shall be constructed, operated, and
maintained product tight and compatible with the stored product.
   (2) Secondary containment shall be constructed, operated, and
maintained product tight. The secondary containment shall also be
constructed, operated, and maintained in a manner to prevent
structural weakening as a result of contact with any hazardous
substances released from the primary containment, and also shall be
capable of storing the hazardous substances for the maximum
anticipated period of time necessary for the recovery of any released
hazardous substance.
   (3) Secondary containment shall be constructed, operated, and
maintained to prevent any water intrusion into the system by
precipitation, infiltration, or surface runoff.
   (4) In the case of an installation with one primary tank, the
secondary containment shall be large enough to contain at least 100
percent of the volume of the primary tank.
   (5) In the case of multiple primary tanks, the secondary
containment shall be large enough to contain 150 percent of the
volume of the largest primary tank placed in it, or 10 percent of the
aggregate internal volume of all primary tanks, whichever is
greater.
   (d) The underground tank system shall be designed and constructed
with a continuous monitoring system capable of detecting the entry of
the liquid- or vapor-phase of the hazardous substance stored in the
primary containment into the secondary containment and capable of
detecting water intrusion into the secondary containment.
   (e) The interstitial space of the underground storage tank shall
be maintained under constant vacuum or pressure such that a breach in
the primary or secondary containment is detected before the liquid
or vapor phase of the hazardous substance stored in the underground
storage tank is released into the environment. The use of
interstitial liquid level measurement methods satisfies the
requirements of this subdivision.
   (f) The underground storage tank shall be provided with equipment
to prevent spills and overfills from the primary tank.
   (g) If different substances are stored in the same tank and in
combination may cause a fire or explosion, or the production of
flammable, toxic, or poisonous gas, or the deterioration of a primary
or secondary container, those substances shall be separated in both
the primary and secondary containment so as to avoid potential
intermixing.
   (h) Underground pressurized piping that conveys a hazardous
substance shall be equipped with an automatic line leak detector.
   (i) Before the underground storage tank is covered, enclosed, or
placed in use, the standard installation testing requirements for
underground storage systems specified in Section 2.4 of the Flammable
and Combustible Liquids Code, adopted by the National Fire
Protection Association (NFPA 30), as amended and published in the
respective edition of the Uniform Fire Code, shall be followed.
   (j) Before the underground storage tank is placed in use, the
underground storage tank shall be tested after installation using one
of the following methods to demonstrate that the tank is product
tight:
   (1) Enhanced leak detection.
   (2) An inert gas pressure test that has been certified by a third
party and approved by the board.
   (3) A test method deemed equivalent to enhanced leak detection or
an inert gas pressure test by the board in regulations adopted
pursuant to this chapter. An underground storage tank installed and
tested in accordance with this subdivision is exempt from the
requirements of Section 25292.5.
   (k) Notwithstanding Section 25281.5, for any system installed to
meet the requirements of this section, those portions of vent lines,
vapor recovery lines, and fill pipes that are beneath the surface of
the ground are "pipe" as the term is defined in subdivision (m) of
Section 25281, and therefore part of the underground storage tank
system.


25290.1.1.  (a) (1) On the effective date of the act adding this
section and for 179 days thereafter, a local agency shall only issue
a notice to comply pursuant to this section to an owner or operator
of an underground storage tank subject to Section 25290.1 that does
not maintain the vacuum or pressure that is required by subdivision
(e) of Section 25290.1, except as otherwise provided in this section.
   (2) If the violation described in paragraph (1) occurs on or after
the 180th day from the effective date of the act adding this
chapter, the local agency may take any enforcement action authorized
by this chapter.
   (b) A local agency shall issue the notice to comply alleging a
violation described in paragraph (1) of subdivision (a) by presenting
a notice to comply to the owner or operator in writing, which meets
all of the following requirements:
   (1) The notice to comply shall be written in the course of
conducting an inspection by an authorized representative of the local
agency.
   (2) A copy of the notice to comply shall be presented to a person
who is an owner, operator, employee, or representative of the
facility being inspected at the time that the notice to comply is
written.
   (3) The notice to comply shall clearly state that a violation
described in paragraph (1) of subdivision (a) was discovered, a means
by which compliance may be achieved, and a time limit in which to
comply, which shall not exceed 60 days. The local agency may provide
a one-time extension of the time limit for compliance specified in
the notice, not to exceed an additional 60 days, if the local agency
determines that an extension is necessary to ensure compliance.
   (4) The notice to comply shall contain a statement that the
inspected facility may be subject to reinspection at any time.
   (c) (1) On or before five working days after the date the
violation described in paragraph (1) of subdivision (a) is corrected,
the person cited in the notice to comply or an authorized
representative of that person shall sign the notice to comply, shall
certify that the violation has been corrected, and shall return the
notice to the local agency.
   (2) A false certification submitted pursuant to paragraph (1) that
the violation is corrected is punishable as a misdemeanor.
   (3) The effective date of the certification that the violation has
been corrected shall be the date that the certification is
postmarked.
   (d) Notwithstanding subdivision (a), if a person fails to correct
the violation within the prescribed period in the notice, the local
agency may take any enforcement action authorized by this chapter.
   (e) This section does not do any of the following:
   (1) Prevent the reinspection of a facility to ensure compliance.
   (2) Prevent a local agency, on a case-by-case basis, from
requiring a person subject to a notice to comply to submit reasonable
and necessary documentation to support a claim of compliance by the
person.
   (3) Restrict the power of a city attorney, district attorney,
county counsel, or the Attorney General to bring, in the name of the
people of California, any criminal proceeding otherwise authorized by
law.
   (4) Prevent the local agency, state board, or regional board, from
cooperating with, or participating in, a proceeding specified in
paragraph (3).
   (f) Notwithstanding subdivision (a), if the violation described in
paragraph (1) of subdivision (a) is intentional or occurs as the
result of gross negligence, the local agency may take any enforcement
action authorized by this chapter.



25290.1.2.  (a) The board and the State Air Resources Board, under
the direction of the California Environmental Protection Agency,
shall certify to the best of their knowledge, that the equipment that
meets the requirements of Section 94011 of Title 17 of the
California Code of Regulations for enhanced vapor recovery systems at
gasoline dispensing facilities, as implemented by the State Air
Resources Board, also meets the requirements of this chapter. The
board and the State Air Resources Board shall make this certification
collaboratively, using existing resources.
   (b) The board and the State Air Resources Board, under the
direction of the California Environmental Protection Agency, when
making the certification specified in subdivision (a), shall consult
with interested parties, including local implementing agencies,
underground storage tank system owners and operators, equipment
manufacturers, underground storage tank system installers, and
environmental organizations.
   (c) The board and the State Air Resources Board shall post the
certification and any supporting documentation on their Web sites.
   (d) This section shall be implemented by the executive directors
of the board and of the State Air Resources Board, or by their
designees.


25290.2.  (a) Notwithstanding subdivision (o) of Section 25281, for
purposes of this section, "product tight" means impervious to the
liquid and vapor of the substance that is contained, or is to be
contained, so as to prevent the seepage of the substance from the
containment.
   (b) Notwithstanding Section 25291, every underground storage tank
installed on or after July 1, 2003, and before July 1, 2004, shall
meet the requirements of this section.
   (c) The underground storage tank shall be designed and constructed
to provide primary and secondary levels of containment of the
hazardous substances stored in it in accordance with the following
performance standards:
   (1) Primary containment shall be product tight and compatible with
stored product.
   (2) Secondary containment shall be product tight and constructed
to prevent structural weakening as a result of contact with any
hazardous substances released from the primary containment, and also
shall be capable of storing the hazardous substances for the maximum
anticipated period of time necessary for the recovery of any released
hazardous substance.
   (3) Secondary containment shall be constructed to prevent any
water intrusion into the system by precipitation, infiltration, or
surface runoff.
   (4) In the case of an installation with one primary tank, the
secondary containment shall be large enough to contain at least 100
percent of the volume of the primary tank.
   (5) In the case of multiple primary tanks, the secondary
containment shall be large enough to contain 150 percent of the
volume of the largest primary tank placed in it, or 10 percent of the
aggregate internal volume of all primary tanks, whichever is
greater.
   (d) The underground tank system shall be designed and constructed
with a continuous monitoring system capable of detecting the entry of
the hazardous substance stored in the primary containment into the
secondary containment and capable of detecting water intrusion into
the secondary containment.
   (e) The underground storage tank shall be provided with equipment
to prevent spills and overfills from the primary tank.
   (f) If different substances are stored in the same tank and in
combination may cause a fire or explosion, or the production of
flammable, toxic, or poisonous gas, or the deterioration of a primary
or secondary container, those substances shall be separated in both
the primary and secondary containment so as to avoid potential
intermixing.
   (g) Underground pressurized piping that conveys a hazardous
substance shall be equipped with an automatic line leak detector and
shall be tightness tested annually.
   (h) Before the underground storage tank is covered, enclosed, or
placed in use, the standard installation testing requirements for
underground storage systems specified in Section 2.4 of the Flammable
and Combustible Liquids Code, adopted by the National Fire
Protection Association (NFPA 30), as amended and published in the
respective edition of the Uniform Fire Code, shall be followed.
   (i) Before the underground storage tank is placed in use, the
underground storage tank shall be tested after installation using one
of the following methods to demonstrate that the tank is product
tight:
   (1) Enhanced leak detection.
   (2) An inert gas pressure test that has been certified by a third
party and approved by the board.
   (3) A test method deemed equivalent to enhanced leak detection or
an inert gas pressure test by the board in regulations adopted
pursuant to this chapter. An underground storage tank installed and
tested in accordance with this subdivision is exempt from the
requirements of Section 25292.5.
   (j) Notwithstanding Section 25281.5, for any system installed to
meet the requirements of this section, those portions of vent lines,
vapor recovery lines, and fill pipes that are beneath the surface of
the ground are "pipe" as the term is defined in subdivision (m) of
Section 25281, and therefore part of the underground storage tank
system.



25291.  Every underground storage tank installed after January 1,
1984, shall meet all of the following requirements:
   (a) The underground storage tank shall be designed and constructed
to provide primary and secondary levels of containment of the
hazardous substances stored in it in accordance with the following
performance standards:
   (1) Primary containment shall be product-tight and compatible with
the substance stored.
   (2) Secondary containment shall be constructed to prevent
structural weakening as a result of contact with any released
hazardous substances, and also shall be capable of storing the
hazardous substances for the maximum anticipated period of time
necessary for the recovery of any released hazardous substance.
   (3) In the case of an installation with one primary container, the
secondary containment shall be large enough to contain at least 100
percent of the volume of the primary tank.
   (4) In the case of multiple primary tanks, the secondary container
shall be large enough to contain 150 percent of the volume of the
largest primary tank placed in it, or 10 percent of the aggregate
internal volume of all primary tanks, whichever is greater.
   (5) If the facility is open to rainfall, then the secondary
containment shall be able to additionally accommodate the maximum
volume of a 24-hour rainfall as determined by a 25-year storm
history.
   (6) Single-walled containers do not fulfill the requirement of an
underground storage tank providing both a primary and a secondary
containment. However, an underground storage tank with a primary
container constructed with a double complete shell shall be deemed to
have met the requirements for primary and secondary containment set
forth in this section if all of the following criteria are met:
   (A) The outer shell is constructed primarily of nonearthen
materials, including, but not limited to, concrete, steel, and
plastic, which provide structural support and a continuous leak
detection system with alarm is located in the space between the
shells.
   (B) The system is capable of detecting the entry of hazardous
substances from the inner container into the space.
   (C) The system is capable of detecting water intrusion into the
space from the outer shell.
   (7) Underground storage tanks for motor vehicle fuels installed
before January 1, 1997, may be designed and constructed in accordance
with this paragraph in lieu of the requirements of paragraphs (1) to
(6), inclusive, if all of the following conditions exist:
   (A) The primary containment construction is of glass fiber
reinforced plastic, cathodically protected steel, or steel clad with
glass fiber reinforced plastic.
   (B) Any alternative primary containment is installed in
conjunction with a system that will intercept and direct a leak from
any part of the underground storage tank to a monitoring well to
detect any release of motor vehicle fuels.
   (C) The system is designed to provide early leak detection and
response, and to protect the groundwater from releases.
   (D) The monitoring is in accordance with the alternative method
identified in paragraph (4) of subdivision (b) of Section 25292. This
subparagraph does not apply to tanks designed, constructed, and
monitored in accordance with paragraph (6).
   (E) Pressurized piping systems connected to tanks used for the
storage of motor vehicle fuels and monitored in accordance with
paragraph (4) of subdivision (b) of Section 25292 also meet the
conditions of this subdivision if the tank meets the conditions of
subparagraphs (A) to (D), inclusive. However, any pipe connected to
an underground storage tank installed after July 1, 1987, shall be
equipped with secondary containment that complies with paragraphs (1)
to (6), inclusive.
   (b) The underground tank system shall be designed and constructed
with a monitoring system capable of detecting the entry of the
hazardous substance stored in the primary containment into the
secondary containment.
   (c) The underground storage tank shall be provided with equipment
to prevent spills and overflows from the primary tank.
   (d) If different substances are stored in the same tank and in
combination may cause a fire or explosion, or the production of
flammable, toxic, or poisonous gas, or the deterioration of a primary
or secondary container, those substances shall be separated in both
the primary and secondary containment to avoid potential intermixing.
   (e) If water could enter into the secondary containment by
precipitation or infiltration, the facility shall contain a means of
monitoring for water intrusion and for removing the water by the
owner or operator. This removal system shall also prevent
uncontrolled removal of this water and provide for a means of
analyzing the removed water for hazardous substance contamination and
a means of disposing of the water, if so contaminated, at an
authorized disposal facility.
   (f) Underground pressurized piping that conveys a hazardous
substance shall be equipped with an automatic line leak detector and
shall be tightness tested annually.
   (g) Before the underground storage tank is covered, enclosed, or
placed in use, the standard installation testing for requirements for
underground storage systems specified in Section 2-7 of the
Flammable and Combustible Liquids Code, adopted by the National Fire
Protection Association, (NFPA 30) as amended and published in the
respective edition of the Uniform Fire Code, shall be followed.
   (h) Before the underground storage tank is placed in service, the
underground tank system shall be tested in operating condition using
a tank integrity test.
   (i) If the underground storage tank is designed to maintain a
water level in the secondary containment, the tank shall be equipped
with a safe method of removing any excess water to a holding facility
and the owner or operator shall inspect the holding facility monthly
for the presence of excess water overflow. If excess water is
present in the holding facility, the permitholder shall provide a
means to analyze the water for hazardous substance contamination and
a means to dispose of the water, if so contaminated, at an authorized
disposal facility.


25292.  For every underground storage tank installed on or before
January 1, 1984, and used for the storage of hazardous substances,
the following actions shall be taken:
   (a) On or before July 1, 1985, the owner or operator shall outfit
the underground tank system with a monitoring system capable of
detecting unauthorized releases of any hazardous substances stored in
the tank system, and thereafter, the owner or operator shall monitor
each tank system, based on materials stored and the type of
monitoring installed.
   (b) Provide a means for visual inspection of the tank system,
wherever practical, for the purpose of the monitoring required by
subdivision (a). Alternative methods of monitoring the tank system on
a monthly, or more frequent basis, may be required by the local
agency, consistent with the regulations of the board.
   The alternative monitoring methods include, but are not limited
to, the following methods:
   (1) Tank integrity testing for proving the integrity of an
underground tank system at time intervals specified by the board.
   (2) A groundwater monitoring well or wells that are downgradient
and adjacent to the underground tank system, vapor analysis within a
well where appropriate, and analysis of soil borings at the time of
initial installation of the well.
   (3) A continuous leak detection and alarm system that is located
in monitoring wells adjacent to an underground tank system and which
is approved by the local agency.
   (4) For monitoring tanks containing motor vehicle fuels, daily
gauging and inventory reconciliation by the owner or operator, if all
of the following requirements are met:
   (A) Inventory records are kept on file for one year and are
reviewed quarterly.
   (B) The tank system is tested, using the tank integrity test at
time intervals specified by the board and whenever there is a
shortage greater than the amount which the board shall specify by
regulation.
   (C) If a pressurized pump system is connected to the tank system,
the system has a leak detection device to monitor for leaks in the
piping. The leak detection device shall be installed in a manner
designed to resist unauthorized tampering and to clearly show by
visual inspection if tampering has occurred. The leak detection
device shall be tested annually, at a minimum, and all devices found
to be not performing in conformance with the manufacturer's leak
detection specifications shall be promptly repaired or replaced.
   (5) For monitoring underground tank systems that are located on
farms and that store motor vehicle or heating fuels used primarily
for agricultural purposes, alternative monitoring methods include the
following:
   (A) If the tank has a capacity of greater than 1,100 gallons but
of 5,000 gallons or less, the tank shall be tested using the tank
integrity test, at least once every three years, and the owner or
operator shall utilize tank gauging on a monthly or more frequent
basis, as required by the local agency, subject to the specifications
provided in paragraph (7) of subdivision (c) of Section 2641 of
Title 23 of the California Code of Regulations, as that section read
on August 13, 1985.
   (B) If the tank has a capacity of more than 5,000 gallons, the
tank shall be monitored pursuant to the methods for all other tanks
specified in this subdivision.
   (c) The board shall develop regulations specifying monitoring
alternatives. The local agency, or any other public agency specified
by the local agency, shall approve the location and number of wells,
the depth of wells, and the sampling frequency, pursuant to these
regulations.
   (d) On or before December 22, 1998, the underground storage tank
shall be replaced or upgraded to prevent releases due to corrosion or
spills or overfills for the underground storage tank's operating
life.
   (e) (1) All existing underground pressurized piping shall be
equipped with an automatic line leak detector on or before December
22, 1990, and shall be retrofitted with secondary containment on or
before December 22, 1998. Underground pressurized piping shall be
tightness tested annually.
   (2) Paragraph (1) does not apply to existing pressurized piping
containing motor vehicle fuel, if the pipeline is constructed of
glass fiber reinforced plastic, cathodically protected steel, or
steel clad with glass fiber reinforced plastic, is equipped with an
automatic line leak detector, and is tightness tested annually.



25292.1.  All underground tank systems shall meet the following
operational requirements:
   (a) The underground tank system shall be operated to prevent
unauthorized releases, including spills and overfills, during the
operating life of the tank, including during gauging, sampling, and
testing for the integrity of the tank.
   (b) Where equipped with cathodic protection, the underground tank
system shall be operated by a person with sufficient training and
experience in preventing corrosion.
   (c) The underground tank system shall be structurally sound at the
time of upgrade or repair.



25292.2.  (a) All owners and operators of an underground tank system
shall maintain evidence of financial responsibility for taking
corrective action and for compensating third parties for bodily
injury and property damage caused by a release from the underground
tank system, in accordance with regulations adopted by the board
pursuant to Section 25299.3. The regulations shall include a schedule
that requires that financial responsibility requirements are
phased-in for all underground storage tank systems on or before
October 26, 1990.
   (b) If the owner and the operator are separate persons, either the
owner or the operator shall demonstrate compliance with subdivision
(a).
   (c) An owner may comply with this article by entering into an
agreement with the operator of the tank requiring the operator to
demonstrate compliance with subdivision (a). However, both the owner
and the operator are in violation of subdivision (a) if evidence of
financial responsibility is not established and maintained in
accordance with this article.



25292.3.  (a) Upon the discovery of a significant violation of any
requirement in this chapter that poses an imminent threat to human
health or safety or the environment or of any regulation adopted
pursuant to this chapter, the local agency may affix a red tag, in
plain view, to the fill pipe of the noncompliant underground storage
tank system in order to provide notice that delivery of petroleum
into the system is prohibited.
   (b) Upon the discovery of a significant violation of any
requirement in this chapter or of any regulation adopted pursuant to
this chapter, the local agency may issue a notice of significant
violation to the owner or operator. The owner or operator who
receives a notice of significant violation shall, within seven days
from receipt of the notice, correct the violation to the satisfaction
of the local agency. If the owner or operator does not correct the
violation within seven days, the local agency may affix a red tag, in
plain view, to the fill pipe of the noncompliant underground storage
tank system to provide notice that delivery of petroleum into the
system is prohibited.
   (c) No owner or operator of a facility may deposit or allow the
deposit of petroleum into an underground storage tank system that has
a red tag affixed to the system's fill pipe.
   (d) No person may deposit petroleum into an underground storage
tank system that has a red tag affixed to its fill pipe.
   (e) No person shall remove, deface, alter, or otherwise tamper
with a red tag so that the information contained on the tag is not
legible.
   (f) Upon notification by the owner or operator that the violation
has been corrected, the local agency shall inspect the underground
storage tank system within five days to determine whether the system
continues to be in significant violation. If the local agency
determines that the system is no longer in significant violation, the
local agency shall immediately remove the red tag.
   (g) The board shall adopt regulations to define significant
violations for purposes of this section.



25292.4.  (a) On and after November 1, 2000, an owner or operator of
an underground storage tank system with a single-walled component
that is located within 1,000 feet of a public drinking water well, as
identified pursuant to the state GIS mapping database, shall
implement a program of enhanced leak detection or monitoring, in
accordance with the regulations adopted by the board pursuant to
subdivision (c).
   (b) The board shall notify the owner and operator of each
underground storage tank system that is located within 1,000 feet of
a public drinking water well, as identified pursuant to the state GIS
mapping database, of the owner's and operator's responsibilities
pursuant to this section. The board shall provide each local agency
with a list of tank systems within the local agency's jurisdiction
that are located within 1,000 feet of a public drinking water well,
as identified pursuant to the state GIS mapping database.
   (c) The board shall adopt regulations to implement the enhanced
leak detection and monitoring program required by subdivision (a).
Before adopting these regulations, the board shall consult with the
petroleum industry, local governments, environmental groups, and
other interested parties to assess the appropriate technology and
procedures to implement the enhanced leak detection and monitoring
program required by subdivision (a). In adopting these regulations,
the board shall consider existing leak detection technology and
external monitoring techniques or procedures for underground storage
tanks.
   (d) If the results of the enhanced leak detection test indicate
that any component of the underground storage tank system is leaking
liquid or vapor, the owner or operator shall take appropriate actions
to correct the leakage, and the owner or operator shall retest the
system using enhanced leak detection until the system is no longer
leaking liquid or vapor.


25292.5.  (a) On or before January 1, 2005, the owner or operator of
an underground storage tank system that is located within 1,000 feet
of a public drinking water well, as identified pursuant to the state
GIS mapping database, and that is not otherwise subject to
subdivision (j) of Section 25290.1, subdivision (i) of Section
25290.2, or Section 25292.4, shall test the system once using an
enhanced leak detection test. The enhanced leak detection test shall
meet the requirements of subsection (e) of Section 2640 of, and
Section 2644.1 of, Title 23 of the California Code of Regulations, as
those regulations read on January 1, 2003, except that the
requirement in those regulations to repeat the test every 36 months
shall not apply.
   (b) On or before June 1, 2003, the board shall notify the owner
and operator of each underground storage tank system that is located
within 1,000 feet of a public drinking water well, as identified
pursuant to the state GIS mapping database, of the owner's and
operators' responsibilities pursuant to this section. The board shall
provide each local agency with a list of tank systems within the
local agency's jurisdiction that are within 1,000 feet of a public
drinking water well, as identified pursuant to the state GIS mapping
database.
   (c) Notwithstanding subdivision (a), if the results of the
enhanced leak detection test indicate that any component of the
underground storage tank system is leaking liquid or vapor, the owner
or operator shall take appropriate actions to correct the leakage,
and the owner or operator shall retest the system using enhanced leak
detection until the system is no longer leaking liquid or vapor.




25293.  The owner or operator of the underground tank system shall
monitor the tank system using the method specified on the permit for
the tank system. Records of monitoring, testing, repairing, and
closure shall be kept in sufficient detail to enable the local agency
to determine whether the underground tank system is in compliance
with the applicable provisions of this chapter, the regulations
adopted by the board pursuant to Section 25299.3, and the permit
issued for the operation of the tank system.



25294.  Any unauthorized release from the primary containment which
the operator is able to clean up within eight hours after the release
was detected or should reasonably have been detected, and which does
not escape from the secondary containment, does not increase the
hazard of fire or explosion, and does not cause any deterioration of
the secondary containment of the underground storage tank, shall be
recorded on the operator's monitoring reports.



25295.  (a) (1) Any unauthorized release which escapes from the
secondary containment, or from the primary containment, if no
secondary containment exists, increases the hazard of fire or
explosion, or causes any deterioration of the secondary containment
of the underground tank system shall be reported by the owner or
operator to the local agency designated pursuant to Section 25283
within 24 hours after the release has been detected or should have
been detected. A full written report shall be transmitted by the
owner or operator of the underground tank system to the local agency
within five working days of the occurrence of the release. The report
shall describe the nature and volume of the unauthorized release,
any corrective or remedial actions undertaken, and any further
corrective or remedial actions, including investigative actions,
which will be needed to clean up the unauthorized release and abate
the effects of the release and a time schedule for implementing these
actions.
   (2) The local agency shall review the permit whenever there has
been an unauthorized release or when it determines that the
underground tank system is unsafe. In determining whether to modify
or terminate the permit, the local agency shall consider the age of
the tank, the methods of containment, the methods of monitoring, the
feasibility of any required repairs, the concentration of the
hazardous substances stored in the tank, the severity of potential
unauthorized releases, and the suitability of any other long-term
preventive measures which would meet the requirements of this
chapter.
   (b) The board shall continuously post and update on its Web site,
but at a minimum, annually on or before December 1, a report of all
unauthorized releases, indicating for each unauthorized release the
responsible party, the site name, the hazardous substance, the
quantity of the unauthorized release if known, and the actions taken
to abate the problem.
   (c) The reporting requirements imposed by this section are in
addition to any requirements which may be imposed by Sections 13271
and 13272 of the Water Code.



25295.5.  (a) For purposes of this chapter, an unauthorized release
includes, but is not limited to, a spill or overfill of a hazardous
substance that meets both of the following conditions:
   (1) The spill or overfill occurs while the hazardous substance is
being placed in an underground storage tank.
   (2) The spill or overfill is due to the use of improper equipment,
faulty equipment, operator error, or inattention or overfilling.
   (b) A person who causes an unauthorized release of a hazardous
substance specified in subdivision (a) shall immediately notify the
owner or operator of the underground storage tank that a spill has
occurred and the owner or operator shall comply with the requirements
of Sections 25294 or 25295, whichever is applicable.
   (c) A spill or overfill shall not qualify for funds provided
pursuant to Section 25299.51.



25296.  (a) If there has been any unauthorized release, as defined
in Section 25294 or subdivision (a) of Section 25295, from an
underground storage tank containing motor vehicle fuel not under
pressure, the permitholder may repair the tank once by an
interior-coating process if the tank meets all of the following
requirements:
   (1) One of the following tests has been conducted to determine the
thickness of the storage tank:
   (A) An ultrasonic test.
   (B) Certification by a special inspector that the shell will
provide structural support for the interior lining. 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 following procedures and criteria:
   (i) If the tank is made of fiberglass, the tank is cleaned so that
no residue remains on the tank wall surface. The special inspector
shall take interior diameter measurements and, if the cross-section
has compressed more than 1 percent of the original diameter, the tank
shall not be certified and shall also not be returned to service.
The special inspector shall also conduct an interior inspection to
identify any area where compression or tension cracking is occurring
and shall determine whether additional glass fiber reinforcing is
required for certification before the tank may be lined.
   (ii) If the tank is made of steel, the tank interior surface shall
be abrasive blasted completely free of scale, rust, and foreign
matter, as specified in the American Petroleum Institute's
recommended practice 16-31, relating to white metal blasting. The
special inspection shall sound any perforations or areas showing
corrosion pitting with a brass ballpeen hammer to enlarge the
perforation or break through a potentially thin steel area. Tanks
that have any of the following defects shall not be certified or
returned to service:
   (I) A tank which has an open seam or a split longer than three
inches.
   (II) A tank which has a perforation larger than one and one-half
inches in diameter, or a gauging opening larger than two and one-half
inches in diameter.
   (III) A tank with five or more perforations.
   (IV) A tank with 20 or more perforations in a 500 square foot
area.
   (V) A tank with a perforation larger than one-half inch.
   (C) A test approved by the board as comparable to the tests
specified in subparagraph (A) or (B).
   If the person conducting the test determines that the test results
indicate that the tank has a serious corrosion problem, the local
agency may require additional corrosion protection for the tank or
may prohibit the permitholder from making the repair.
   (2) The material used to repair the tank by an interior-coating
process is compatible with the motor vehicle fuel that is stored, as
approved by the board by regulation.
   (3) The material used to repair the tank by an interior-coating
process is applied in accordance with nationally recognized
engineering practices such as the American Petroleum Institute's
recommended practice No. 1631 for the interior lining of existing
underground storage tanks.
   (4) Before the tank is placed back into service following the
repair, the tank is tested in the operating condition using the tank
integrity test.
   (b) The board may adopt regulations, in consultation with the
State Fire Marshal, for the repair of underground storage tanks,
which may include, but are not limited to, a requirement that a test
be conducted to determine whether the interior-coating process has
bonded to the wall of the tank. The standards specified in
subdivision (a) shall remain in effect until the adoption of these
regulations.
   (c) The board shall, by regulation, require that monitoring
systems be installed when a repair is made pursuant to this section.
For purposes of this subdivision, "monitoring system" means a
continuous leak detection and alarm system which is located in
monitoring wells adjacent to an underground storage tank and which is
approved by the board.
   (d) If there has not been an unauthorized release, as defined in
subdivision (a) of Section 25295, from an underground storage tank
containing motor vehicle fuel not under pressure, the permitholder
may line the interior of the tank as a preventative measure. If an
unauthorized release occurs from a tank which was lined as a
preventative measure, the permitholder shall not reline the tank
again.


25296.09.  (a) (1) If the board enters into an agreement with a
local agency and the Santa Clara Valley Water District pursuant to
subdivision (j) of Section 25297.1, the Santa Clara Valley Water
District shall have the same authority and responsibility as a local
agency for purposes of Sections 25296.10 to 25297.2, inclusive, and
for purposes of Sections 25299.36, 25299.38, 25299.39.2, 25299.39.3,
25299.51, 25299.53, and 25299.57.
   (2) Paragraph (1) shall remain operative only until June 30, 2005.
   (3) The inoperation of paragraph (1) does not affect the validity
of any action taken by the Santa Clara Valley Water District before
June 30, 2005, and does not provide a defense for an owner, operator,
or other responsible party who fails to comply with that action.
   (4) Nothing in this section implies that the Santa Clara Valley
Water District has CUPA authority other than authority for the local
oversight program in accordance with paragraph (1).
   (b) (1) The Legislature hereby finds and declares that, beginning
in 1988, and continuing each year since that date, the Santa Clara
Valley Water District has had a role in implementing the requirements
of the provisions listed in subdivision (a).
   (2) The Legislature hereby finds and declares that the funding
provided by the state to the Santa Clara Valley Water District for
the work described in paragraph (1) is hereby ratified.
   (c) (1) Any action taken by the Santa Clara Valley Water District
that a local agency is otherwise authorized to take pursuant to
Sections 25296.10 to 25297.2, inclusive, and Sections 25299.36,
25299.38, 25299.39.2, 25299.39.3, 25299.51, 25299.53, and 25299.57,
and that was taken by the Santa Clara Valley Water District on and
after January 1, 1988, and continuing on and before January 1, 2005,
or until the effective date of an agreement entered into pursuant to
subdivision (j) of Section 25297.1, whichever date occurs first, is
hereby ratified as having been taken pursuant to this chapter and
Chapter 6.75 (commencing with Section 25299.10). However, this
ratification applies only to an action that would be valid only if an
agreement pursuant to subdivision (j) of Section 25297.1 had been in
effect at the time of the action and that otherwise complies with
applicable law.
   (2) This subdivision does not apply to any action taken by the
Santa Clara Valley Water District that is the subject of a civil
action pending on June 12, 2003.



25296.10.  (a) Each owner, operator, or other responsible party
shall take corrective action in response to an unauthorized release
in compliance with this chapter and the regulations adopted pursuant
to Section 25299.3. In adopting corrective action regulations, the
board shall develop corrective action requirements for health hazards
and protection of the environment, based on the severity of the
health hazards and the other factors listed in subdivision (b). The
corrective action regulations adopted by the board pursuant to
Section 25299.77 to implement Section 25299.37, as that section read
on January 1, 2002, that were in effect before January 1, 2003, shall
continue in effect on and after January 1, 2003, until revised by
the board to implement this section and shall be deemed to have been
adopted pursuant to Section 25299.3.
   (b) Any corrective action conducted pursuant to this chapter shall
ensure protection of human health, safety, and the environment. The
corrective action shall be consistent with any applicable waste
discharge requirements or other order issued pursuant to Division 7
(commencing with Section 13000) of the Water Code, 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, and all applicable water quality control plans adopted
pursuant to Section 13170 of the Water Code and Article 3 (commencing
with Section 13240) of Chapter 4 of Division 7 of the Water Code.
   (c) (1) When a local agency, the board, or a regional board
requires an owner, operator, or other responsible party to undertake
corrective action, including preliminary site assessment and
investigation, pursuant to an oral or written order, directive,
notification, or approval issued pursuant to this section, or
pursuant to a cleanup and abatement order or other oral or written
directive issued pursuant to Division 7 (commencing with Section
13000) of the Water Code, the owner, operator, or other responsible
party shall prepare a work plan that details the corrective action
the owner, operator, or other responsible party shall take to comply
with the requirements of subdivisions (a) and (b) and the corrective
action regulations adopted pursuant to Section 25299.3.
   (2) The work plan required by paragraph (1) shall be prepared in
accordance with the regulations adopted pursuant to Section 25299.3.
The work plan shall include a schedule and timeline for corrective
action.
   (3) At the request of the owner, operator, or other responsible
party, the local agency, the board, or the regional board shall
review a work plan prepared pursuant to paragraph (1) and either
accept the work plan, if it meets the requirements of the section, or
disapprove the work plan if it does not meet those requirements. If
the local agency, board, or the regional board accepts the work plan,
it shall indicate to the owner, operator, or other responsible
party, the actions or other elements of the work plan that are, in
all likelihood, adequate and necessary to meet the requirements of
this section, and the actions and elements that may be unnecessary.
If the local agency, board, or regional board disapproves the work
plan, it shall state the reasons for the disapproval.
   (4) In the interests of minimizing environmental contamination and
promoting prompt cleanup, the responsible party may begin
implementation of the proposed action after the work plan has been
submitted but before the work plan has received regulatory agency
acceptance, except that implementation of the work plan may not begin
until 60 calendar days from the date of submittal, unless the
responsible party is otherwise directed in writing by the regulatory
agency. However, before beginning implementation pursuant to this
paragraph, the responsible party shall notify the regulatory agency
of the intent to initiate proposed actions set forth in the submitted
work plan.
   (5) The owner, operator, or other responsible party shall conduct
corrective actions in accordance with the work plan approved pursuant
to this section.
   (6) When the local agency, the board, or the regional board
requires a responsible party to conduct corrective action pursuant to
this section, it shall inform the responsible party of its right to
request the designation of an administering agency to oversee the
site investigation and remedial action at its site pursuant to
Section 25262 and, if requested to do so by the responsible party,
the local agency shall provide assistance to the responsible party in
preparing and processing a request for that designation.
   (d) (1) This subdivision applies only to an unauthorized release
from a petroleum underground storage tank that is subject to Chapter
6.75 (commencing with Section 25299.10).
   (2) Notwithstanding Section 25297.1, the board shall implement a
procedure that does not assess an owner, operator, or responsible
party taking corrective action pursuant to this chapter for the costs
of a local oversight program pursuant to paragraph (4) of
subdivision (d) of Section 25297.1. The board shall institute an
internal procedure for assessing, reviewing, and paying those costs
directly between the board and the local agency.
   (e) A person to whom an order is issued pursuant to subdivision
(c), shall have the same rights of administrative and judicial appeal
and review as are provided by law for cleanup and abatement orders
issued pursuant to Section 13304 of the Water Code.
   (f) (1) If a person to whom an order is issued pursuant to
subdivision (c) does not comply with the order, the board, a regional
board, or the local agency may undertake or contract for corrective
action.
   (2) The board, a regional board, or local agency shall be
permitted reasonable access to property owned or possessed by an
owner, operator, or responsible party as necessary to perform
corrective action pursuant to this subdivision. The access shall be
obtained with the consent of the owner or possessor of the property
or, if the consent is withheld, with a warrant duly issued pursuant
to the procedure described in Title 13 (commencing with Section
1822.50) of Part 3 of the Code of Civil Procedure. However, if there
is an emergency affecting public health or safety, or the
environment, the board, a regional board, or local agency may enter
the property without consent or the issuance of a warrant.
   (3) The board, a regional board, or local agency may recover its
costs incurred under this subdivision pursuant to Section 13304 of
the Water Code. If the unauthorized release is from an underground
storage tank that is subject to Chapter 6.75 (commencing with Section
25299.10), the board, a regional board, or local agency may also
recover its costs pursuant to Section 25299.70.
   (g) The following uniform closure letter shall be issued to the
owner, operator, or other responsible party taking corrective action
at an underground storage tank site by the local agency or the
regional board with jurisdiction over the site, or the board, upon a
finding that the underground storage tank site is in compliance with
the requirements of subdivisions (a) and (b) and with any corrective
action regulations adopted pursuant to Section 25299.3 and that no
further corrective action is required at the site:

   "ÝCase File Number]
   Dear ÝResponsible Party]
   This letter confirms the completion of a site investigation and
corrective action for the underground storage tank(s) formerly
located at the above-described location. Thank you for your
cooperation throughout this investigation. Your willingness and
promptness in responding to our inquiries concerning the former
underground storage tank(s) are greatly appreciated.
   Based on information in the above-referenced file and with the
provision that the information provided to this agency was accurate
and representative of site conditions, this agency finds that the
site investigation and corrective action carried out at your
underground storage tank(s) site is in compliance with the
requirements of subdivisions (a) and (b) of Section 25296.10 of the
Health and Safety Code and with corrective action regulations adopted
pursuant to Section 25299.3 of the Health and Safety Code and that
no further action related to the petroleum release(s) at the site is
required.
   This notice is issued pursuant to subdivision (g) of Section
25296.10 of the Health and Safety Code.
   Please contact our office if you have any questions regarding this
matter.
   Sincerely,
   ÝName of Board Executive Director, Regional Board Executive
Officer, or Local Agency Director]"

   (h) Any order, directive, notification, or approval issued under
Section 25299.37 as that section read on January 1, 2002, that was
issued on or before January 1, 2003, shall be deemed to have been
issued pursuant to this section.



25296.15.  (a) No closure letter shall be issued pursuant to this
chapter unless all of the following conditions are met:
   (1) The soil or groundwater, or both, where applicable, at the
site have been tested for MTBE.
   (2) The results of that testing are known to the regional board.
   (3) The board, the regional board, or the local agency makes the
finding specified in subdivision (g) of Section 25296.10.
   (b) Paragraphs (1) and (2) of subdivision (a) do not apply to a
closure letter for a tank case for which the board, a regional board,
or local agency determines that the tank has only contained diesel
or jet fuel.


25296.20.  (a) The local agency, the board, or a regional board
shall not consider corrective action or site closure proposals from
the primary or active responsible party, issue a closure letter, or
make a determination that no further corrective action is required
with respect to a site upon which there was an unauthorized release
from an underground storage tank unless all current record owners of
fee title to the site of the proposed action have been notified of
the proposed action by the local agency, board, or regional board.
   (b) The local agency, board, or regional board shall take all
reasonable steps necessary to accommodate responsible landowner
participation in the cleanup or site closure process and shall
consider all input and recommendations from any responsible landowner
wishing to participate.



25296.25.  (a) (1) Unless the board, in consultation with local
agencies and the regional board, determines that a site is an
emergency site, the board, at the request of a responsible party who
is eligible for reimbursement of corrective action costs under
Chapter 6.75 (commencing with Section 25299.10), may suspend
additional corrective action or investigation work at a site, based
on a preliminary site assessment conducted in accordance with the
corrective action regulations adopted by the board, but the board
shall not suspend any of the following activities pursuant to this
section:
   (A) Removal of, or approved modifications of, existing tanks.
   (B) Excavation of petroleum saturated soil or removal of excess
petroleum from saturated soil.
   (C) Removal of free product from the saturated and unsaturated
zones.
   (D) Periodic monitoring to ensure that released petroleum is not
migrating in an uncontrolled manner that will cause the site to
become an emergency site.
   (2) For purposes of this subdivision, "emergency site" means a
site that, because of an unauthorized release of petroleum, meets one
of the following conditions:
   (A) The site presents an imminent threat to public health or
safety or the environment.
   (B) The site poses a substantial probability of causing a
condition of contamination or nuisance, as defined in Section 13050
of the Water Code, or of causing pollution of a source of drinking
water at a level that is a violation of a primary or secondary
drinking water standard adopted by the State Department of Health
Services pursuant to Chapter 4 (commencing with Section 116270) of
Part 12 of Division 104.
   (b) The suspension shall continue until one of the following
occurs:
   (1) The board provides the eligible responsible party with a
letter of commitment pursuant to Chapter 6.75 (commencing with
Section 25299.10) that the party will receive reimbursement for the
corrective action.
   (2) The responsible party requests in writing that the suspension
be terminated and that the work continue.
   (3) The fund established pursuant to Article 6 (commencing with
Section 25299.50) of Chapter 6.75 is no longer in existence.
   (c) The board shall adopt regulations pursuant to Section 25299.3
that specify the conditions under which a site is an imminent threat
to public health or safety or to the environment or poses a
substantial probability of causing a condition of contamination,
nuisance, or pollution as specified in paragraph (2) of subdivision
(a). The board shall not suspend corrective action or investigation
work at any site pursuant to this section until the effective date of
the regulations adopted by the board pursuant to this subdivision.




25296.30.  (a) The board, in consultation with the State Department
of Health Services, shall develop guidelines for the investigation
and cleanup of methyl tertiary-butyl ether (MTBE) and other
ether-based oxygenates in groundwater. The guidelines shall include
procedures for determining, to the extent practicable, whether the
contamination associated with an unauthorized release of MTBE is from
the tank system prior to the system's most recent upgrade or
replacement or if the contamination is from an unauthorized release
from the current tank system.
   (b) The board, in consultation with the State Department of Health
Services, shall develop appropriate cleanup standards for
contamination associated with a release of methyl tertiary-butyl
ether.


25296.35.  (a) The board shall develop, implement, and maintain a
system for storing and retrieving data from cases involving
discharges of petroleum from underground storage tanks to allow
regulatory agencies and the general public to use historic data in
making decisions regarding permitting, land use, and other matters.
The system shall be accessible to government agencies and the general
public. A site included in the data system shall be clearly
designated as having no residual contamination if, at the time a
closure letter is issued for the site pursuant to Section 25296.10 or
at any time after that closure letter is issued, the board
determines that no residual contamination remains on the site.
   (b) For purposes of this section, "residual contamination" means
the petroleum that remains on a site after a corrective action has
been carried out and the cleanup levels established by the corrective
action plan for the site, pursuant to subdivision (g) of Section
2725 of Title 23 of the California Code of Regulations, have been
achieved.



25296.40.  (a) (1) Any owner or operator, or other responsible party
who has a tank case and who believes that the corrective action plan
for the site has been satisfactorily implemented, but where closure
has not been granted, may petition the board for a review of the
case.
   (2) Upon receipt of a petition pursuant to paragraph (1), the
board may close the tank case or require closure, if the tank case is
at a site under the jurisdiction of a regional board or a local
agency that is implementing a local oversight program under Section
25297.1 and if the board determines that corrective action at the
site is in compliance with all of the requirements of subdivisions
(a) and (b) of Section 25296.10 and the corrective action regulations
adopted pursuant to Section 25299.3. If a tank case is at a site
under the jurisdiction of a local agency that is not implementing a
local oversight program pursuant to Section 25297.1, the board may
recommend to the local agency that the tank case be closed.
   (b) Any aggrieved person may, not later than 30 days from the date
of final action by the board, pursuant to subdivision (a), file with
the superior court a petition for writ of mandate for review of the
decision. If the aggrieved person does not file a petition for writ
of mandate within the time provided by this subdivision, a board
decision shall not be subject to review by any court. Section 1094.5
of the Code of Civil Procedure shall govern proceedings for which
petitions are filed pursuant to this subdivision. For purposes of
subdivision (c) of Section 1094.5 of the Code of Civil Procedure, the
court shall uphold the decision if the decision is based upon
substantial evidence in light of the whole record.
   (c) The authority provided under this section does not limit a
person's ability to petition the board for review under any other
state law.



25297.  The local agency may request the following agencies to
utilize that agency's authority to remedy the effects of, and remove,
any hazardous substance which has been released from an underground
storage tank:
   (a) The department which may take action pursuant to Chapter 6.8
(commencing with Section 25300) and, for this purpose, any
unauthorized release shall be deemed a release as defined in Section
25320.
   (b) A regional water quality control board may take action
pursuant to Division 7 (commencing with Section 13000) of the Water
Code and, for this purpose, the discharged hazardous substance shall
be deemed a waste as defined in subdivision (d) of Section 13050.



25297.1.  (a) In addition to the authority granted to the board
pursuant to Division 7 (commencing with Section 13000) of the Water
Code and to the department pursuant to Chapter 6.8 (commencing with
Section 25300), the board, in cooperation with the department, shall
develop and implement a local oversight program for the abatement of,
and oversight of the abatement of, unauthorized releases of
hazardous substances from underground storage tanks by local
agencies. In implementing the local oversight program, the agreement
specified in subdivision (b) shall be between the board and the local
agency. The board shall select local agencies for participation in
the program from among those local agencies that apply to the board,
giving first priority to those local agencies that have demonstrated
prior experience in cleanup, abatement, or other actions necessary to
remedy the effects of unauthorized releases of hazardous substances
from underground storage tanks. The board shall select only those
local agencies that have implemented this chapter and that, except as
provided in Section 25404.5, have begun to collect and transmit to
the board the surcharge or fees pursuant to subdivision (b) of
Section 25287.
   (b) In implementing the local oversight program described in
subdivision (a), the board may enter into an agreement with any local
agency to perform, or cause to be performed, any cleanup, abatement,
or other action necessary to remedy the effects of a release of
hazardous substances from an underground storage tank with respect to
which the local agency has enforcement authority pursuant to this
section. The board may not enter into an agreement with a local
agency for soil contamination cleanup or for groundwater
contamination cleanup unless the board determines that the local
agency has a demonstrated capability to oversee or perform the
cleanup. The implementation of the cleanup, abatement, or other
action shall be consistent with procedures adopted by the board
pursuant to subdivision (d) and shall be based upon cleanup standards
specified by the board or regional board.
   (c) The board shall provide funding to a local agency that enters
into an agreement pursuant to subdivision (b) for the reasonable
costs incurred by the local agency in overseeing any cleanup,
abatement, or other action taken by a responsible party to remedy the
effects of unauthorized releases from underground storage tanks.
   (d) The board shall adopt administrative and technical procedures,
as part of the state policy for water quality control adopted
pursuant to Section 13140 of the Water Code, for cleanup and
abatement actions taken pursuant to this section. The procedures
shall include, but not be limited to, all of the following:
   (1) Guidelines as to which sites may be assigned to the local
agency.
   (2) The content of the agreements which may be entered into by the
board and the local agency.
   (3) Procedures by which a responsible party may petition the board
or a regional board for review, pursuant to Article 2 (commencing
with Section 13320) of Chapter 5 of Division 7 of the Water Code, or
pursuant to Chapter 9.2 (commencing with Section 2250) of Division 3
of Title 23 of the California Code of Regulations, or any successor
regulation, as applicable, of actions or decisions of the local
agency in implementing the cleanup, abatement, or other action.
   (4) Protocols for assessing and recovering money from responsible
parties for any reasonable and necessary costs incurred by the local
agency in implementing this section, as specified in subdivision (i),
unless the cleanup or abatement action is subject to subdivision (d)
of Section 25296.10.
   (5) Quantifiable measures to evaluate the outcome of a pilot
program established pursuant to this section.
   (e) Any agreement between the regional board and a local agency to
carry out a local oversight program pursuant to this section shall
require both of the following:
   (1) The local agency shall establish and maintain accurate
accounting records of all costs it incurs pursuant to this section
and shall periodically make these records available to the board. The
Controller may annually audit these records to verify the hourly
oversight costs charged by a local agency. The board shall reimburse
the Controller for the cost of the audits of a local agency's records
conducted pursuant to this section.
   (2) The board and the department shall make reasonable efforts to
recover costs incurred pursuant to this section from responsible
parties, and may pursue any available legal remedy for this purpose.
   (f) The board shall develop a system for maintaining a database
for tracking expenditures of funds pursuant to this section, and
shall make this data available to the Legislature upon request.
   (g) (1) Sections 25355.5 and 25356 do not apply to expenditures
from the Toxic Substances Control Account for oversight of abatement
of releases from underground storage tanks as part of the local
oversight program established pursuant to this section.
   (2) A local agency that enters into an agreement pursuant to
subdivision (b) shall notify the responsible party, for any site
subject to a cleanup, abatement, or other action taken pursuant to
the local oversight program established pursuant to this section,
that the responsible party is liable for not more than 150 percent of
the total amount of site-specific oversight costs actually incurred
by the local agency.
   (h) Any aggrieved person may petition the board or regional board
for review of the action or failure to act of a local agency that
enters into an agreement pursuant to subdivision (b), at a site
subject to cleanup, abatement, or other action conducted as part of
the local oversight program established pursuant to this section, in
accordance with the procedures adopted by the board or regional board
pursuant to subdivision (d).
   (i) (1) For purposes of this section, site-specific oversight
costs include only the costs of the following activities, when
carried out by the staff of a local agency or the local agency's
authorized representative, that are either technical program staff or
their immediate supervisors:
   (A) Responsible party identification and notification.
   (B) Site visits.
   (C) Sampling activities.
   (D) Meetings with responsible parties or responsible party
consultants.
   (E) Meetings with the regional board or with other affected
agencies regarding a specific site.
   (F) Review of reports, workplans, preliminary assessments,
remedial action plans, or postremedial monitoring.
   (G) Development of enforcement actions against a responsible
party.
   (H) Issuance of a closure document.
   (2) The responsible party is liable for the site-specific
oversight costs, calculated pursuant to paragraphs (3) and (4),
incurred by a local agency, in overseeing any cleanup, abatement, or
other action taken pursuant to this section to remedy an unauthorized
release from an underground storage tank.
   (3) Notwithstanding the requirements of any other provision of
law, the amount of liability of a responsible party for the oversight
costs incurred by the local agency and by the board and regional
boards in overseeing any action pursuant to this section shall be
calculated as an amount not more than 150 percent of the total amount
of the site-specific oversight costs actually incurred by the local
agency and shall not include the direct or indirect costs incurred by
the board or regional boards.
   (4) (A) The total amount of oversight costs for which a local
agency may be reimbursed shall not exceed one hundred fifteen dollars
($115) per hour, multiplied by the total number of site-specific
hours performed by the local agency.
   (B) The total amount of the costs per site for administration and
technical assistance to local agencies by the board and the regional
board entering into agreements pursuant to subdivision (b) shall not
exceed a combined total of thirty-five dollars ($35) for each hour of
site-specific oversight. The board shall base its costs on the total
hours of site-specific oversight work performed by all participating
local agencies. The regional board shall base its costs on the total
number of hours of site-specific oversight costs attributable to the
local agency that received regional board assistance.
   (C) The amounts specified in subparagraphs (A) and (B) are base
rates for the 1990-91 fiscal year. Commencing July 1, 1991, and for
each fiscal year thereafter, the board shall adjust the base rates
annually to reflect increases or decreases in the cost of living
during the prior fiscal year, as measured by the implicit price
deflator for state and local government purchases of goods and
services, as published by the United States Department of Commerce or
by a successor agency of the federal government.
   (5) In recovering costs from responsible parties for costs
incurred under this section, the local agency shall prorate any costs
identifiable as startup costs over the expected number of cases that
the local agency will oversee during a 10-year period. A responsible
party who has been assessed startup costs for the cleanup of any
unauthorized release that, as of January 1, 1991, is the subject of
oversight by a local agency, shall receive an adjustment by the local
agency in the form of a credit, for the purposes of cost recovery.
Startup costs include all of the following expenses:
   (A) Small tools, safety clothing, cameras, sampling equipment, and
other similar articles necessary to investigate or document
pollution.
   (B) Office furniture.
   (C) Staff assistance needed to develop computer tracking of
financial and site-specific records.
   (D) Training and setup costs for the first six months of the local
agency program.
   (6) This subdivision does not apply to costs that are required to
be recovered pursuant to Article 7.5 (commencing with Section 25385)
of Chapter 6.8.
   (j) (1) Notwithstanding subdivisions (a) and (b), the board may
enter into an agreement with a local agency and the Santa Clara
Valley Water District to implement the local oversight program in
Santa Clara County.
   (2) Paragraph (1) shall remain operative only until June 30, 2005.
   (3) The inoperation of paragraph (1) does not affect the validity
of any action taken by the Santa Clara Valley Water District before
June 30, 2005, and does not provide a defense for an owner, operator,
or other responsible party who fails to comply with that action.
   (k) If the board enters into an agreement with a local agency and
the Santa Clara Valley Water District to implement the local
oversight program in Santa Clara County, pursuant to subdivision (j),
the board may provide funding to the Santa Clara Valley Water
District pursuant to subdivision (d) of Section 25299.51 for
oversight costs incurred by the district on and after July 1, 2002,
to June 30, 2005.



25297.15.  (a) (1) The local agency shall not consider cleanup or
site closure proposals from the primary or active responsible party,
issue a closure letter, or make a determination that no further
action is required with respect to a site upon which there was an
unauthorized release of hazardous substances from an underground
storage tank subject to this chapter unless all current record owners
of fee title to the site of the proposed action have been notified
of the proposed action by the primary or active responsible party.
   (2) Notwithstanding subdivision (g) of Section 25297.1, the local
agency shall also notify the primary or active responsible party of
their responsibility under this subdivision.
   (3) The primary or active responsible party shall certify to the
local agency in writing that the notification requirement in this
subdivision has been met and provide a complete mailing list of all
record fee title owners to the local agency.
   (b) The local agency shall take all reasonable steps necessary to
accommodate responsible landowner participation in the cleanup or
site closure process and shall consider all input and recommendations
from any responsible landowner wishing to participate.



25297.2.  Any local agency which performs, or causes to be
performed, any cleanup, abatement, or other action necessary to
remedy the effects of a release of hazardous substances from an
underground storage tank is immune from liability for this action to
the same extent as the board or regional board is immune if the board
or regional board had performed the cleanup, abatement, or other
action.


25297.3.  (a) The Leaking Underground Storage Tank Cost Recovery
Fund is hereby created in the General Fund and the money in the fund
may be expended, upon appropriation by the Legislature, for the
purposes specified in subdivisions (c), (d), and (e).
   (b) All of the following amounts shall be deposited in the Leaking
Underground Storage Tank Cost Recovery Fund:
   (1) All money recovered pursuant to the federal act for purposes
of this chapter.
   (2) Notwithstanding Section 16475 of the Government Code, all
interest earned upon any money deposited in the Leaking Underground
Storage Tank Cost Recovery Fund.
   (3) Upon receipt of a written request from the board, the
Controller shall transfer to the Leaking Underground Storage Tank
Cost Recovery Fund the cash balance of the account in the Special
Deposit Fund, as specified in Section 16370 of the Government Code,
in which is deposited all money recovered pursuant to the federal
act.
   (c) The board may expend the money in the Leaking Underground
Storage Tank Cost Recovery Fund for the purpose of taking any of the
following actions with respect to underground storage tanks
containing petroleum, as defined in the federal act:
   (1) Enforcement activities.
   (2) Corrective action and oversight.
   (3) Cost recovery.
   (4) Relocation of residents and provision of water supplies.
   (5) Exposure assessments.
   (d) The board may expend the money in the Leaking Underground
Storage Tank Cost Recovery Fund for administrative expenses related
to carrying out the activities specified in subdivision (c).
   (e) The Controller may expend money in the Leaking Underground
Storage Tank Cost Recovery Fund, upon appropriation by the
Legislature, for the costs that are incurred on behalf of the
Controller for corrective action, as defined in Section 25299.14, at
the site located at 622 East Lindsay in the City of Stockton.
   (f) After the corrective action at the site specified in
subdivision (e) is complete, in accordance with a uniform closure
letter issued pursuant to subdivision (g) of Section 25296.10, all
unencumbered funds in the Leaking Underground Storage Tank Fund, and
all net proceeds from the sale or other disposition of the site made
on behalf of the Controller, shall be transferred to the Underground
Storage Tank Cleanup Fund.



25298.  (a) No person shall abandon an underground tank system or
close or temporarily cease operating an underground tank system,
except as provided in this section.
   (b) An underground tank system that is temporarily taken out of
service, but which the owner or operator intends to return to use,
shall continue to be subject to all the permit, inspection, and
monitoring requirements of this chapter and all applicable
regulations adopted by the board pursuant to Section 25299.3, unless
the owner or operator complies with subdivision (c) for the period of
time the underground tank system is not in use.
   (c) No person shall close an underground tank system unless the
person undertakes all of the following actions:
   (1) Demonstrates to the local agency that all residual amounts of
the hazardous substance or hazardous substances which were stored in
the tank system prior to its closure have been removed, properly
disposed of, and neutralized.
   (2) Adequately seals the tank system to minimize any threat to the
public safety and the possibility of water intrusion into, or runoff
from, the tank system.
   (3) Provides for, and carries out, the maintenance of the tank
system as the local agency determines is necessary for the period of
time the local agency requires.
   (4) Demonstrates to the appropriate agency, which has jurisdiction
over the site, that the site has been investigated to determine if
there are any present, or were past, releases, and if so, that
appropriate corrective or remedial actions have been taken.



25298.5.  The analysis of any material that is required to
demonstrate compliance with this chapter or Chapter 6.75 (commencing
with Section 25299.10) shall be performed by a laboratory accredited
by the department pursuant to Article 3 (commencing with Section
100825) of Chapter 4 of Part 1 of Division 101.



25299.  (a) Any operator of an underground tank system shall be
liable for a civil penalty of not less than five hundred dollars
($500) or more than five thousand dollars ($5,000) for each
underground storage tank for each day of violation for any of the
following violations:
   (1) Operating an underground tank system which has not been issued
a permit, in violation of this chapter.
   (2) Violation of any of the applicable requirements of the permit
issued for the operation of the underground tank system.
   (3) Failure to maintain records, as required by this chapter.
   (4) Failure to report an unauthorized release, as required by
Sections 25294 and 25295.
   (5) Failure to properly close an underground tank system, as
required by Section 25298.
   (6) Violation of any applicable requirement of this chapter or any
regulation adopted by the board pursuant to Section 25299.3.
   (7) Failure to permit inspection or to perform any monitoring,
testing, or reporting required pursuant to Section 25288 or 25289.
   (8) Making any false statement, representation, or certification
in any application, record, report, or other document submitted or
required to be maintained pursuant to this chapter.
   (9) Tampering with or otherwise disabling automatic leak detection
devices or alarms.
   (b) Any owner of an underground tank system shall be liable for a
civil penalty of not less than five hundred dollars ($500) or more
than five thousand dollars ($5,000) per day for each underground
storage tank, for each day of violation, for any of the following
violations:
   (1) Failure to obtain a permit as specified by this chapter.
   (2) Failure to repair or upgrade an underground tank system in
accordance with this chapter.
   (3) Abandonment or improper closure of any underground tank system
subject to this chapter.
   (4) Violation of any applicable requirement of the permit issued
for operation of the underground tank system.
   (5) Violation of any applicable requirement of this chapter or any
regulation adopted by the board pursuant to Section 25299.3.
   (6) Failure to permit inspection or to perform any monitoring,
testing, or reporting required pursuant to Section 25288 or 25289.
   (7) Making any false statement, representation, or certification
in any application, record, report, or other document submitted or
required to be maintained pursuant to this chapter.
   (c) Any person who intentionally fails to notify the board or the
local agency when required to do so by this chapter or who submits
false information in a permit application, amendment, or renewal,
pursuant to Section 25286, is liable for a civil penalty of not more
than five thousand dollars ($5,000) for each underground storage tank
for which notification is not given or false information is
submitted.
   (d) (1) Any person who violates any corrective action requirement
established by, or issued pursuant to, Section 25296.10 is liable for
a civil penalty of not more than ten thousand dollars ($10,000) for
each underground storage tank for each day of violation.
   (2) A civil penalty under this subdivision may be imposed in a
civil action under this chapter, or may be administratively imposed
by the board or a regional board pursuant to Article 2.5 (commencing
with Section 13323) of Chapter 5 of Division 7 of the Water Code.
   (e) Any person who violates Section 25292.3 is liable for a civil
penalty of not more than five thousand dollars ($5,000) for each
underground storage tank for each day of violation.
   (f) (1) Any person who falsifies any monitoring records required
by this chapter, or knowingly fails to report an unauthorized
release, shall, upon conviction, be punished by a fine of not less
than five thousand dollars ($5,000) or more than ten thousand dollars
($10,000), by imprisonment in the county jail for not to exceed one
year, or by both that fine and imprisonment.
   (2) Any person who intentionally disables or tampers with an
automatic leak detection system in a manner that would prevent the
automatic leak detection system from detecting a leak or alerting the
owner or operator of the leak, shall, upon conviction, be punished
by a fine of not less than five thousand dollars ($5,000) or more
than ten thousand dollars ($10,000), by imprisonment in the county
jail for not more than one year, or by both the fine and
imprisonment.
   (g) In determining both the civil and criminal penalties imposed
pursuant to this section, the board, a regional board or the court,
as the case may be, shall consider all relevant circumstances,
including, but not limited to, the extent of harm or potential harm
caused by the violation, the nature of the violation and the period
of time over which it occurred, the frequency of past violations, and
the corrective action, if any, taken by the person who holds the
permit.
   (h) (1) Each civil penalty or criminal fine imposed pursuant to
this section for any separate violation shall be separate, and in
addition to, any other civil penalty or criminal fine imposed
pursuant to this section or any other provision of law, except that
no civil penalty shall be recovered under subdivision (d) for
violations for which a civil penalty is recovered pursuant to Section
13268 or 13350 of the Water Code. The penalty or fine shall be paid
to the unified program agency, the participating agency, or the
state, whichever is represented by the office of the city attorney,
district attorney, or Attorney General bringing the action.
   (2) Any penalties or fines paid to a uniform program agency or a
participating agency pursuant to paragraph (1) shall be deposited
into a special account and shall be expended only to fund the
activities of the unified program agency or participating agency in
enforcing this chapter within that jurisdiction pursuant, to the
uniform program specified in Chapter 6.11 (commencing with Section
25404).
   (3) All penalties or fines collected by the board or a regional
board or collected on behalf of the board or a regional board by the
Attorney General shall be deposited in the State Water Pollution
Cleanup and Abatement Account in the State Water Quality Control
Fund, and are available for expenditure by the board, upon
appropriation, pursuant to Section 13441 of the Water Code.
   (i) Paragraph (9) of subdivision (a) does not prohibit the owner
or operator of an underground storage tank, or his or her designee,
from maintaining, repairing, or replacing automatic leak detection
devices or alarms associated with that tank.



25299.01.  When any person has engaged in, is engaged in, or is
about to engage in any acts or practices which violate this chapter,
or Chapter 6.75 (commencing with Section 25299.10) or any rule,
regulation, permit, standard, requirement, or order issued, adopted,
or executed pursuant to this chapter or Chapter 6.75 (commencing with
Section 25299.10), the city attorney of the city in which the acts
or practices occur, occurred, or will occur, the district attorney of
the county in which the acts or practices occur, occurred, or will
occur, or the Attorney General may apply to the superior court for
any order enjoining these acts or practices, or for an order
directing compliance. The court may grant a permanent or temporary
injunction, restraining order, or other order.



25299.02.  Every civil action brought under this chapter shall be
brought by the city attorney, the district attorney, or the Attorney
General in the name of the people of the State of California, and any
actions relating to the same violations may be joined or
consolidated.



25299.03.  Any civil action brought pursuant to this chapter shall
be brought in the county in which the violation occurred, the county
in which the principal office of the defendant is located, or the
county in which the Attorney General has an office nearest to the
county in which the principal office of the defendants, or any of
them, in this state is located.



25299.04.  In any civil action brought pursuant to this chapter in
which a temporary restraining order, preliminary injunction, or
permanent injunction is sought, it is not necessary to allege or
prove at any state of the proceeding that irreparable damage will
occur should the temporary restraining order, preliminary injunction,
or permanent injunction not be issued or that the remedy at law is
inadequate. The temporary restraining order, preliminary injunction,
or permanent injunction shall be issued without these allegations and
without this proof.


25299.1.  (a) Any city or county which prior to January 1, 1984,
adopted an ordinance which, at a minimum, met the requirements set
forth in Sections 25284 and 25284.1, as they read on January 1, 1984,
prior to being amended and renumbered, providing for double
containment, and monitoring of underground storage tanks which was
exempt from this chapter as of December 31, 1989, is not exempt from
implementing this chapter and shall implement this chapter on or
before January 1, 1991.
   (b) Until a city or county specified in subdivision (a) implements
this chapter, the city or the county shall, at a minimum, do all of
the following:
   (1) Submit to the board the application form and annual
information specified by Section 25286 and submit a written report of
any unauthorized release from an underground storage tank to the
California Emergency Management Agency within 10 working days from
the time the local agency is notified of the unauthorized release.
   (2) Collect and transmit to the board the surcharge specified in
subdivision (b) of Section 25287.
   (3) Issue permits for the operation of an underground storage
tank, which, at a minimum, ensure compliance with any applicable
requirement of the federal act and any applicable regulation adopted
by the board pursuant to Section 25299.3 which the board determines
is necessary to ensure consistency with the federal act.
   (c) A permit issued on or after January 1, 1991, by a city or
county specified in subdivision (a) shall require compliance with all
applicable requirements of this chapter and with the regulations
adopted by the board pursuant to Section 25299.3.
   (d) This chapter does not limit or abridge the authority of any
city or county to adopt an ordinance requiring information,
conducting investigations, inspections, or implementing and enforcing
this chapter.



25299.2.  (a) Except as provided in subdivision (a) of Section
25299.4, this chapter does not preclude or deny the right of a local
agency to adopt and enforce any regulation, requirement, or standard
of performance that is more stringent than a regulation, requirement,
or standard of performance in effect under this chapter with respect
to underground storage tanks, if the regulation, requirement, or
standard of performance, as provided in this subdivision, is
consistent with this chapter.
   (b) This chapter shall not be construed to preclude or deny the
right of a local agency to regulate tanks which are not subject to
regulation under this chapter or the federal act.



25299.3.  (a) The board shall adopt regulations implementing this
chapter.
   (b) Every city and county shall undertake its regulatory
responsibilities under this chapter. Except as provided in Section
25299.1, every city and county shall implement this chapter not later
than July 1, 1985.
   (c) Any regulation adopted by the board pursuant to this section
shall assure consistency with the requirements for state programs
implementing the federal act, and shall include any more stringent
requirements necessary to implement this chapter.



25299.4.  (a) (1) Any local agency may apply to the board for
authority to implement design and construction standards for the
containment of a hazardous substance in underground storage tanks
which are in addition to those set forth in this chapter. The
application shall include a description of the additional standards
and a discussion of the need to implement them. The board shall
approve the application if it finds, after an investigation and
public hearing, that the local agency has demonstrated by clear and
convincing evidence that the additional standards are necessary to
adequately protect the soil and the beneficial uses of the waters of
the state from unauthorized releases.
   (2) The board shall make its determination within six months of
the date of application for authority to implement additional
standards. If the board's determination upholds the application for
authority to implement additional standards, the standards shall be
effective as of the date of the determination. If the board's
determination does not uphold the application, the additional
standards shall not go into effect.
   (b) (1) Any permitholder or permit applicant may apply to the
regional board having jurisdiction over the location of the
permitholder's or applicant's facility for a site-specific variance
from Section 25290.1, 25290.2, 25291, or 25292. A site-specific
variance is an alternative procedure which is applicable in one local
agency jurisdiction. Prior to applying to the regional board, the
permitholder shall first contact the local agency pursuant to
paragraph (5).
   (2) The regional board shall hold a public hearing 60 days after
the completion of any documents required by the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code).
   (3) The regional board shall consider the local agency's and the
city's, county's, or city and county's recommendations in rendering
its decision. Failure of the local agency or city, county, or city
and county to join in the variance application pursuant to paragraph
(5) shall not affect the request of the applicant to proceed with the
variance application.
   (4) The regional board shall approve the variance if it finds,
after investigation and public hearing, that the applicant has
demonstrated by clear and convincing evidence either of the
following:
   (A) Because of the facility's special circumstances, not generally
applicable to other facilities' property, including size, shape,
design, topography, location, or surroundings, the strict application
of Sections 25290.1, 25290.2, 25291, and 25292 is unnecessary to
adequately protect the soil and beneficial uses of the waters of the
state from an unauthorized release.
   (B) Strict application of the standards of Sections 25290.1,
25290.2, 25291, and 25292 would create practical difficulties not
generally applicable to other facilities or property and that the
proposed alternative will adequately protect the soil and beneficial
uses of the waters of the state from an unauthorized release.
   (5) Before applying for a variance, the applicant shall contact
the local agency to determine if a site-specific variance is
required. If the local agency determines that a site-specific
variance is required or does not act within 60 days, the applicant
may proceed with the variance procedure in subdivision (a).
   (6) At least 30 days before applying to the appropriate regional
board, the applicant shall notify and request the city, county, or
city and county to join the applicant in the variance application
before the regional board.
   (A) The city, county, or city and county shall provide notice of
the receipt of that request to any person who has requested the
notice.
   (B) The local agency within the city, county, or city and county
which has the jurisdiction for land use decisions shall have 30 days
from completion of any documents required by the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code) to act on the applicant's
request to join the applicant.
   (c) Applicants requesting a variance pursuant to subdivision (b)
shall pay a fee determined by the board to be necessary to recover
the reasonable cost of administering subdivision (b).
   (d) The permit issued for any underground storage tank issued a
variance pursuant to subdivision (b) shall require compliance with
any conditions prescribed by the board or a regional board in issuing
the variance. The conditions prescribed by the board or regional
board in the permit shall include any conditions necessary to assure
compliance with any applicable requirements of the federal act.
   (e) This section does not apply to or within any city or county
that was exempt from implementing this chapter as of December 31,
1984.


25299.5.  (a) This chapter shall be construed to assure consistency
with the requirements for state programs implementing the federal
act.
   (b) This chapter shall not be construed to limit or abridge the
powers and duties granted to the department by Chapter 6.5
(commencing with Section 25100) and Chapter 6.8 (commencing with
Section 25300) or to the board and each regional board by Division 7
(commencing with Section 13000) of the Water Code.



25299.6.  An owner or operator who is required to prepare an
accident or spill prevention plan or response plan pursuant to this
chapter or pursuant to an underground storage tank ordinance adopted
by a city or county may, if the owner or operator elects to do so,
use the format adopted pursuant to Section 25503.4.



25299.7.  (a) The board is designated as the lead agency in the
state for all purposes stated in the federal act and may exercise any
powers which a state may exercise pursuant to the federal act.
   (b) The board may prepare, as part of any program application
submitted to the Environmental Protection Agency for state program
approval pursuant to Section 6991c of Title 42 of the United States
Code, any procedures and implementation plans necessary to assure
compliance with the requirements for a state program implementing the
federal act. These procedures and implementation plans may include,
but are not limited to, procedures or implementation plans with
respect to investigation, compliance monitoring, enforcement, public
participation, and sharing of information among local agencies, the
board, and the Environmental Protection Agency. If the Environmental
Protection Agency approves of the state program, the board, the
regional boards, and each local agency shall administer this chapter
in accordance with these procedures and implementation plans where
required by the memorandum of agreement executed by the board and the
Environmental Protection Agency. These procedures and implementation
plans shall also apply to any public agency or official who brings a
civil enforcement action pursuant to this chapter, and to any city
or county specified in Section 25299.1, to the extent required by the
memorandum of agreement. The board's approval of the program
application and memorandum of agreement is not subject to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2
of the Government Code.
   (c) The board shall adopt, pursuant to Section 25299.3, any
regulations necessary to obtain state program approval pursuant to
Section 6991c of Title 42 of the United States Code. The board shall
adopt these regulations as emergency regulations in accordance with
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code, and for the purposes of that
chapter, including Section 11349.6 of the Government Code, the
adoption of these regulations is an emergency and shall be considered
by the Office of Administrative Law as necessary for the immediate
preservation of the public peace, health and safety, and general
welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code, any
emergency regulations adopted by the board in furtherance of this
section shall be filed with, but may not be repealed by, the Office
of Administrative Law and shall remain in effect until revised by the
board.



25299.8.  The repeal and addition of Section 25292.3 and the
amendment of Section 25284 by the act adding this section during the
2002 portion of the 2001-02 Regular Session, to eliminate the
requirement to acquire and display an upgrade compliance certificate,
do not constitute a bar to any action, whether administrative,
civil, or criminal, brought for a violation of the law that occurred
prior to January 1, 2003.