Section 25299.4 Of Chapter 6.7. Underground Storage Of Hazardous Substances From California Health And Safety Code >> Division 20. >> Chapter 6.7.
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.