Chapter 6.67. Aboveground Storage Of Petroleum of California Health And Safety Code >> Division 20. >> Chapter 6.67.
This chapter shall be known and may be cited as the
Aboveground Petroleum Storage Act.
For purposes of this chapter, the following definitions
apply:
(a) "Aboveground storage tank" or "storage tank" means a tank that
has the capacity to store 55 gallons or more of petroleum that is
substantially or totally above the surface of the ground, except
that, for purposes of this chapter, "aboveground storage tank" or
"storage tank" includes a tank in an underground area. "Aboveground
storage tank" does not include any of the following:
(1) A pressure vessel or boiler that is subject to Part 6
(commencing with Section 7620) of Division 5 of the Labor Code.
(2) A tank containing hazardous waste or extremely hazardous
waste, as respectively defined in Sections 25117 and 25115, if the
Department of Toxic Substances Control has issued the person owning
or operating the tank a hazardous waste facilities permit for the
storage tank.
(3) An aboveground oil production tank that is subject to Section
3106 of the Public Resources Code.
(4) Oil-filled electrical equipment, including, but not limited
to, transformers, circuit breakers, or capacitors, if the oil-filled
electrical equipment meets either of the following conditions:
(A) The equipment contains less than 10,000 gallons of dielectric
fluid.
(B) The equipment contains 10,000 gallons or more of dielectric
fluid with PCB levels less than 50 parts per million, appropriate
containment or diversionary structures or equipment are employed to
prevent discharged oil from reaching a navigable water course, and
the electrical equipment is visually inspected in accordance with the
usual routine maintenance procedures of the owner or operator.
(5) A tank regulated as an underground storage tank under Chapter
6.7 (commencing with Section 25280) of this division and Chapter 16
(commencing with Section 2610) of Division 3 of Title 23 of the
California Code of Regulations and that does not meet the definition
of a tank in an underground area.
(6) A transportation-related tank facility, subject to the
authority and control of the United States Department of
Transportation, as defined in the Memorandum of Understanding between
the Secretary of Transportation and the Administrator of the United
States Environmental Protection Agency, as set forth in Appendix A to
Part 112 (commencing with Section 112.1) of Subchapter D of Chapter
I of Title 40 of the Code of Federal Regulations.
(7) A tank or tank facility located on and operated by a farm that
is exempt from the federal spill prevention, control, and
countermeasure rule requirements pursuant to Part 112 (commencing
with Section 112.1) of Subchapter D of Chapter I of Title 40 of the
Code of Federal Regulations.
(b) "Board" means the State Water Resources Control Board.
(c) (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 and
enforce the unified program element specified in paragraph (2) of
subdivision (c) of Section 25404, in accordance with Sections 25404.1
and 25404.2.
(3) (A) "Unified Program Agency" or "UPA" means the CUPA, or its
participating agencies to the extent that each PA has been designated
by the CUPA, pursuant to a written agreement, to implement and
enforce the unified program element specified in paragraph (2) of
subdivision (c) of Section 25404. The UPAs have the responsibility
and authority, to the extent provided by this chapter and Sections
25404.1 to 25404.2, inclusive, to implement and enforce the
requirements of this chapter.
(B) After a CUPA has been certified by the secretary, the unified
program agency shall be the only agency authorized to enforce the
requirements of this chapter.
(C) This paragraph does not limit the authority or responsibility
granted to the office, the board, and the regional boards by this
chapter.
(d) "Office" means the Office of the State Fire Marshal.
(e) "Operator" means the person responsible for the overall
operation of a tank facility.
(f) "Owner" means the person who owns the tank facility or part of
the tank facility.
(g) "Person" means an individual, trust, firm, joint stock
company, corporation, including a government corporation,
partnership, limited liability company, or association. "Person" also
includes any city, county, district, the University of California,
the California State University, the state, any department or agency
thereof, and the United States, to the extent authorized by federal
law.
(h) "Petroleum" means crude oil, or a fraction thereof, that is
liquid at 60 degrees Fahrenheit temperature and 14.7 pounds per
square inch absolute pressure.
(i) "Regional board" means a California regional water quality
control board.
(j) "Release" means any spilling, leaking, pumping, pouring,
emitting, emptying, discharging, escaping, leaching, or disposing
into the environment.
(k) "Secretary" means the Secretary for Environmental Protection.
(l) "Storage" or "store" means the containment, handling, or
treatment of petroleum, for a period of time, including on a
temporary basis.
(m) "Storage capacity" means the aggregate capacity of all
aboveground storage tanks at a tank facility.
(n) "Tank facility" means one or more aboveground storage tanks,
including any piping that is integral to the tanks, that contain
petroleum and that are used by an owner or operator at a single
location or site. For purposes of this chapter, a pipe is integrally
related to an aboveground storage tank if the pipe is connected to
the tank and meets any of the following:
(1) The pipe is within the dike or containment area.
(2) The pipe is between the containment area and the first flange
or valve outside the containment area.
(3) The pipe is connected to the first flange or valve on the
exterior of the tank, if state or federal law does not require a
containment area.
(4) The pipe is connected to a tank in an underground area.
(o) (1) "Tank in an underground area" means a storage tank to
which all of the following apply:
(A) The storage tank is located in a structure that is at least 10
percent below the ground surface, including, but not limited to, a
basement, cellar, shaft, pit, or vault.
(B) The structure in which the storage tank is located, at a
minimum, provides for secondary containment of the contents of the
tank, piping, and ancillary equipment, until cleanup occurs. A
shop-fabricated double-walled storage tank with a mechanical or
electronic device used to detect leaks in the interstitial space
meets the requirement for secondary containment of the contents of
the tank.
(C) The storage tank meets one or more of the following
conditions:
(i) The storage tank contains petroleum to be used or previously
used as a lubricant or coolant in a motor engine or transmission,
oil-filled operational equipment, or oil-filled manufacturing
equipment, is situated on or above the surface of the floor, and the
structure in which the tank is located provides enough space for
direct viewing of the exterior of the tank except for the part of the
tank in contact with the surface of the floor.
(ii) The storage tank only contains petroleum that is determined
to be a hazardous waste, complies with the hazardous waste tank
standards pursuant to Article 10 (commencing with Section 66265.190)
of Chapter 15 of Title 22 of the California Code of Regulations as it
may be amended, and the tank facility has been issued a unified
program facility permit pursuant to Section 25404.2 for generation,
treatment, accumulation, or storage of hazardous waste.
(iii) The storage tank contains petroleum and is used solely in
connection with a fire pump or an emergency system, legally required
standby system, or optional standby system as defined in the most
recent version of the California Electrical Code (Section 700.2 of
Article 700, Section 701.2 of Article 701, and Section 702.2 of
Article 702, of Chapter 7 of Part 3 of Title 24 of the California
Code of Regulations), is situated on or above the surface of the
floor, and the structure in which the tank is located provides enough
space for direct viewing of the exterior of the tank except for the
part of the tank in contact with the surface of the floor.
(iv) The storage tank does not meet the conditions in clauses (i),
(ii), or (iii), but meets all of the following conditions:
(I) It contains petroleum.
(II) It is situated on or above the surface of the floor.
(III) The structure in which the tank is located provides enough
space for direct viewing of the exterior of the tank, except for the
part of the tank in contact with the surface of the floor, and all
piping connected to the tank, including any portion of a vent line,
vapor recovery line, or fill pipe that is beneath the surface of the
ground, and all ancillary equipment, can either be visually inspected
by direct viewing or has both secondary containment and leak
detection that meet the requirements of the regulations adopted by
the office pursuant to Section 25270.4.1.
(2) For a shop-fabricated double-walled storage tank, direct
viewing of the exterior of the tank is not required under paragraph
(1) if inspections of the interstitial space are performed or if it
has a mechanical or electronic device that will detect leaks in the
interstitial space.
(3) (A) A storage tank in an underground area is not subject to
Chapter 6.7 (commencing with Section 25280) if the storage tank meets
the definition of a tank in an underground area, as provided in
paragraph (1) and, except as specified in subparagraph (B), the
regulations that apply to all new and existing tanks in underground
areas and buried piping connected to tanks in underground areas have
been adopted by the office pursuant to Section 25270.4.1.
(B) A storage tank meeting the description of clause (i) of
subparagraph (C) of paragraph (1) shall continue to be subject to
this chapter, and excluded from the definition of an underground
storage tank in Chapter 6.7 (commencing with Section 25280), before
and after the date the regulations specific to tanks in underground
areas have been adopted by the office.
(p) "Viewing" means visual inspection, and "direct viewing" means,
in regard to a storage tank, direct visual inspection of the
exterior of the tank, except for the part of the tank in contact with
the surface of the floor, and, where applicable, the entire length
of all piping and ancillary equipment, including all exterior
surfaces, by a person or through the use of visual aids, including,
but not limited to, mirrors, cameras, or video equipment.
A tank facility is subject to this chapter if any of the
following apply:
(a) The tank facility is subject to the oil pollution prevention
regulations specified in Part 112 (commencing with Section 112.1) of
Subchapter D of Chapter I of Title 40 of the Code of Federal
Regulations.
(b) The tank facility has a storage capacity of 1,320 gallons or
more of petroleum.
(c) The tank facility has a storage capacity of less than 1,320
gallons of petroleum and has one or more tanks in an underground area
meeting the conditions specified in paragraph (1) of subdivision (o)
of Section 25270.2. If this subdivision is applicable, only tanks
meeting the conditions specified in paragraph (1) of subdivision (o)
of Section 25270.2 shall be included as storage tanks and subject to
this chapter.
This chapter shall be implemented by the Unified Program
Agency, in accordance with the regulations adopted by the office
pursuant to Section 25270.4.1.
(a) The office shall adopt regulations implementing this
chapter. The office shall also provide interpretation of this
chapter to the UPAs, and oversee the implementation of this chapter
by the UPAs.
(b) The office shall establish an advisory committee that includes
representatives from regulated entities, appropriate trade
associations, fire service organizations, federal, state, and local
organizations, including UPAs, and other interested parties. The
advisory committee shall act in an advisory capacity to the office in
conducting its responsibilities.
(c) The office shall, in addition to any other requirements
imposed pursuant to this chapter, train UPAs, ensure consistency with
state law, to the maximum extent feasible, ensure consistency with
federal enforcement guidance issued by federal agencies pursuant to
subdivision (d), and support the UPAs in providing outreach to
regulated persons regarding compliance with current local, state, and
federal regulations relevant to the office's obligations under this
chapter.
(d) Any regulation adopted by the office pursuant to this section
shall ensure consistency with the requirements for spill prevention,
control, and countermeasure plans under Part 112 (commencing with
Section 112.1) of Subchapter D of Chapter I of Title 40 of the Code
of Federal Regulations, and shall include any more stringent
requirements necessary to implement this chapter.
(a) Except as provided in subdivision (b), each owner or
operator of a storage tank at a tank facility subject to this
chapter shall prepare a spill prevention control and countermeasure
plan applying good engineering practices to prevent petroleum
releases using the same format required by Part 112 (commencing with
Section 112.1) of Subchapter D of Chapter I of Title 40 of the Code
of Federal Regulations, including owners and operators of tank
facilities not subject to the general provisions in Section 112.1 of
those regulations. Each owner or operator specified in this
subdivision shall conduct periodic inspections of the storage tank to
ensure compliance with Part 112 (commencing with Section 112.1) of
Subchapter D of Chapter I of Title 40 of the Code of Federal
Regulations. In implementing the spill prevention control and
countermeasure plan, each owner or operator specified in this
subdivision shall fully comply with the latest version of the
regulations contained in Part 112 (commencing with Section 112.1) of
Subchapter D of Chapter I of Title 40 of the Code of Federal
Regulations.
(b) A tank facility located on and operated by a farm, nursery,
logging site, or construction site is not subject to subdivision (a)
if no storage tank at the location exceeds 20,000 gallons and the
cumulative storage capacity of the tank facility does not exceed
100,000 gallons. Unless excluded from the definition of an
"aboveground storage tank" in Section 25270.2, the owner or operator
of a tank facility exempt pursuant to this subdivision shall take the
following actions:
(1) Conduct a daily visual inspection of any storage tank storing
petroleum. For purposes of this section, "daily" means every day that
contents are added to or withdrawn from the tank, but no less than
five days per week. The number of days may be reduced by the number
of state or federal holidays that occur during the week if there is
no addition to, or withdrawal from, the tank on the holiday. The
unified program agency may reduce the frequency of inspections to not
less than once every three days at a tank facility that is exempt
pursuant to this section if the tank facility is not staffed on a
regular basis, provided that the inspection is performed every day
the facility is staffed.
(2) Allow the UPA to conduct a periodic inspection of the tank
facility.
(3) If the UPA determines installation of secondary containment is
necessary for the protection of the waters of the state, install a
secondary means of containment for each tank or group of tanks where
the secondary containment will, at a minimum, contain the entire
contents of the largest tank protected by the secondary containment
plus precipitation.
(a) Except as provided in subdivision (b), at least once
every three years, the UPA shall inspect each storage tank or a
representative sampling of the storage tanks at each tank facility
that has a storage capacity of 10,000 gallons or more of petroleum.
The purpose of the inspection shall be to determine whether the owner
or operator is in compliance with the spill prevention control and
countermeasure plan requirements of this chapter.
(b) The UPA may develop an alternative inspection and compliance
plan, subject to approval by the secretary and the office.
(c) An inspection conducted pursuant to this section does not
require the oversight of a professional engineer. The person
conducting the inspection shall complete and pass the initial
aboveground storage tank inspector training program. The curriculum
of the aboveground storage tank inspector training program shall
focus on the spill prevention control and countermeasure plan
provisions and safety requirements for aboveground storage tank
inspections.
(a) (1) On or before January 1, 2009, and on or before
January 1 annually thereafter, each owner or operator of a tank
facility subject to this chapter shall file with the statewide
information management system, a tank facility statement that shall
identify the name and address of the tank facility, a contact person
for the tank facility, the total storage capacity of the tank
facility, and the location and contents of each petroleum storage
tank that exceeds 10,000 gallons in storage capacity. A copy of a
statement submitted previously pursuant to this section may be
submitted in lieu of a new tank facility statement if no new or used
storage tanks have been added to the facility or if no significant
modifications have been made. For purposes of this section, a
significant modification includes, but is not limited to, altering
existing storage tanks or changing spill prevention or containment
methods.
(2) Notwithstanding paragraph (1), an owner or operator of a tank
facility that submits a business plan, as defined in subdivision (d)
of Section 25501, to the statewide information management system and
that complies with Sections 25503, 25505, 25505.1, 25507, 25507.2,
25508, 25508.1, and 25508.2, satisfies the requirement in paragraph
(1) to file a tank facility statement.
(b) Each year, commencing in calendar year 2010, each owner or
operator of a tank facility who is subject to the requirements of
subdivision (a) shall pay a fee to the UPA, on or before a date
specified by the UPA. The governing body of the UPA shall establish a
fee, as part of the single fee system implemented pursuant to
Section 25404.5, at a level sufficient to pay the necessary and
reasonable costs incurred by the UPA in administering this chapter,
including, but not limited to, inspections, enforcement, and
administrative costs. The UPA shall also implement the fee
accountability program established pursuant to subdivision (c) of
Section 25404.5 and the regulations adopted to implement that
program.
Each owner or operator of a tank facility shall
immediately, upon discovery, notify the Office of Emergency Services
and the UPA using the appropriate 24-hour emergency number or the 911
number, as established by the UPA, or by the governing body of the
UPA, of the occurrence of a spill or other release of one barrel (42
gallons) or more of petroleum that is required to be reported
pursuant to subdivision (a) of Section 13272 of the Water Code.
(a) The board and the regional board may oversee cleanup
or abatement efforts, or cause cleanup or abatement efforts, of a
release from a storage tank at a tank facility.
(b) The reasonable expenses of the board and the regional board
incurred in overseeing, or contracting for, cleanup or abatement
efforts that result from a release at a tank facility is a charge
against the owner or operator of the tank facility. Expenses
reimbursable to a public agency under this section are a debt of the
tank facility owner or operator, and shall be collected in the same
manner as in the case of an obligation under a contract, express or
implied.
(c) Expenses recovered by the board or a regional board pursuant
to this section shall be deposited into the Waste Discharge Permit
Fund. These moneys shall be separately accounted for, and shall be
expended by the board, upon appropriation by the Legislature, to
assist regional boards and other public agencies with authority to
clean up waste or abate the effects of the waste, in cleaning up or
abating the effects of the waste on waters of the state, or for the
purposes authorized in Section 13443 of the Water Code.
(a) Any owner or operator of a tank facility who fails to
prepare a spill prevention control and countermeasure plan in
compliance with subdivision (a) of Section 25270.4.5, to file a tank
facility statement pursuant to subdivision (a) of Section 25270.6, to
submit the fee required by subdivision (b) of Section 25270.6, or to
report spills as required by Section 25270.8, or who otherwise fails
to comply with the requirements of this chapter, is subject to a
civil penalty of not more than five thousand dollars ($5,000) for
each day on which the violation continues. If the owner or operator
commits a second or subsequent violation, a civil penalty of not more
than ten thousand dollars ($10,000) for each day on which the
violation continues may be imposed.
(b) (1) The civil penalties provided by this section may be
assessed and recovered in a civil action brought by the city attorney
or district attorney on behalf of the UPA.
(2) Fifty percent of all penalties assessed and recovered in a
civil action brought on behalf of a UPA pursuant to this subdivision
shall be deposited into a unified program account established by the
UPA for the purpose of carrying out the functions of the unified
program and 50 percent shall be paid to the office of the city
attorney or district attorney, whoever brought that action.
(c) (1) The civil penalties provided in this section may be
assessed and recovered in a civil action brought by the Attorney
General on behalf of the office, the board, or a regional board, or
on behalf of the people of the State of California.
(2) All penalties assessed and recovered in a civil action brought
pursuant to this subdivision shall be deposited in the Waste
Discharge Permit Fund created pursuant to Section 13260 of the Water
Code. These moneys shall be separately accounted for, and shall be
expended by the board, upon appropriation by the Legislature, to
assist regional boards and other public agencies with authority to
clean up waste or abate the effects of the waste, in cleaning up or
abating the effects of the waste on waters of the state, or for the
same purposes for which the State Water Pollution Cleanup and
Abatement Account may be expended pursuant to Section 13443 of the
Water Code.
(d) The city attorney, district attorney, or the Attorney General
may seek to enjoin, in any court of competent jurisdiction, any
person believed to be in violation of this chapter.
(e) The penalties specified in this section are in addition to any
other penalties provided by law.
(a) An owner or operator of a tank facility who fails
to prepare a spill prevention control and countermeasure plan in
compliance with subdivision (a) of Section 25270.4.5, to file a tank
facility statement pursuant to subdivision (a) of Section 25270.6, to
submit the fee required by subdivision (b) of Section 25270.6, or to
report spills as required by Section 25270.8, or who otherwise fails
to comply with the requirements of this chapter is liable to the UPA
for an administrative penalty of not more than five thousand dollars
($5,000) for each day on which the violation continues. If the owner
or operator commits a second or subsequent violation, an
administrative penalty of not more than ten thousand dollars
($10,000) for each day on which the violation continues may be
imposed.
(b) The administrative penalties assessed by a UPA shall be
deposited into a unified program account established by the UPA for
the purpose of carrying out the functions of the unified program.
(c) When a UPA issues an enforcement order or assesses an
administrative penalty, or both, for a violation of this chapter, the
administering agency shall utilize the administrative enforcement
procedures specified in Sections 25404.1.1 and 25404.1.2.
(d) The administrative penalties specified in this section are in
addition to any other penalties provided by law, except for a
violation for which a civil penalty under Section 25270.12 has
already been imposed for the same violation.
(a) A person who knowingly violates Section 25270.4.5,
25270.6, or 25270.8 after reasonable notice of the violation is, upon
conviction, guilty of a misdemeanor.
(b) This section does not preempt any other applicable criminal or
civil penalties.
(a) This chapter does not preempt local storage tank
ordinances, in effect as of August 16, 1989, that meet or exceed the
standards prescribed by this chapter.
(b) This chapter does not preempt the authority granted to the
board and the regional boards under the Porter Cologne Water Quality
Control Act (Division 7 (commencing with Section 13000) of the Water
Code).