Section 25290.1.1 Of Chapter 6.7. Underground Storage Of Hazardous Substances From California Health And Safety Code >> Division 20. >> Chapter 6.7.
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.