Section 2712 - Permit Conditions(a) As a condition of any permit to operate an underground storage tank, the owner or operator shall comply with the reporting and recording requirements for unauthorized releases specified in Article 5.(b) The owner or operator shall maintain the following records on-site, or off-site at a readily accessible location if approved by the local agency, for the specified period. These records shall be made available, upon request within 36 hours, to the local agency or the State Water Board.(1) Monitoring and maintenance records shall be maintained for at least 36 months and include the following: (A) The date and time of all monitoring or sampling;(B) The results of any visual observations;(C) The results of all sample analysis performed in the laboratory or in the field, including laboratory data sheets and analysis used;(D) The logs of all readings of gauges or other monitoring equipment, ground water elevations, or other test results;(E) The results of inventory readings and reconciliations;(F) The results of testing; and(G) The results of inspections.(2) Records pertaining to the release detection system, such as written performance claims, calibration, and maintenance records shall be maintained for at least 60 months;(3) Records pertaining to a cathodic protection system shall be maintained for at least 78 months;(4) On and after October 13, 2018, the record of the site assessment required for vapor and groundwater monitoring shall be maintained for as long as the monitoring methods are used;(5) On and after October 1, 2018, documentation of the underground tank system's compatibility with the stored substance, in accordance with section 2711(c), shall be maintained for as long as the system is used to store the specific substance; and(6) Records of repairs, lining, and upgrades shall be maintained for the remaining life of the underground storage tank.(c) A permit to operate issued by the local agency shall be effective for 60 months. In addition to other information specified by the local agency, the permit shall include the permit expiration date, California Environmental Reporting System identification number, monitoring requirements, and the state underground storage tank identification number(s) for which the permit was issued. Before a local agency issues a new permit or renewal to operate an underground storage tank the local agency shall inspect the underground storage tank and determine that it complies with the provisions of these regulations.(d) Permits may be transferred to new underground storage tank owners if: (1) the new underground storage tank owner does not change conditions of the permit; and(2) the transfer is reported to the local agency by submitting all of the required submittal elements in the California Environmental Reporting System or a local reporting portal within 30 days of the change in ownership. Transferred permits shall expire and be renewed on the original expiration date. A local agency may review, modify, or terminate the permit to operate the underground storage tank upon receiving an ownership transfer request.(e) The local agency shall not renew an underground storage tank permit unless the underground storage tank has been inspected by the local agency or a special inspector within the previous 12 months and the inspection verified that the underground storage tank complied with the provisions of Article 3 or 4, as applicable, and with all existing permit conditions. The inspection shall be conducted as specified in section 25288 of Chapter 6.7 of Division 20 of the Health and Safety Code. If the inspection indicated noncompliance then the local agency shall verify by a follow-up inspection that all required corrections have been implemented before renewing the permit.(f) Within 30 days of receiving an inspection report from either the local agency or the special inspector, the permit holder shall implement the corrections specified in the inspection report and comply with the permit conditions. The corrective action shall include all of the recommendations made by the local agency or special inspector. The local agency may waive the implementation of any of the special inspector's recommendations based on a demonstration by the permit holder to the local agency's satisfaction that failure to implement the recommendation will not cause an unauthorized release.(g) The local agency shall take appropriate enforcement action pursuant to section 25299 of the Health and Safety Code or prohibit the operation of the tank systems if the owner or operator fails to comply with the monitoring requirements in Article 3 or 4 or the reporting requirements of Article 5.(h) The local agency shall provide the permittee with a written list of all applicable requirements of Chapter 6.7 and 6.75 of the Health and Safety Code and these regulations.(i) A paper or electronic copy of the permit and all conditions and attachments, including monitoring plans, shall be readily accessible at the facility.(j) All primary containment shall be product-tight.(k) Owners and operators shall use care to prevent releases due to spilling or overfilling. Before product is delivered, owners, operator, or their agents shall ensure that the space available in the tank is greater than the volume of product to be transferred to the tank and shall ensure that the transfer operation is monitored constantly to prevent overfilling and spilling.Cal. Code Regs. Tit. 23, § 2712
1. Amendment filed 8-9-91 as an emergency; operative 8-9-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Register 92, No. 14).
2. Editorial correction of printing errors in HISTORY 1 (Register 92, No. 43).
3. Amendment of section and NOTE filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
4. Amendment of subsection (c) and NOTE filed 10-27-98 as an emergency; operative 10-27-98 (Register 98, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-24-99 or emergency language will be repealed by operation of law on the following day.
5. Editorial correction of HISTORY 4 (Register 2000, No. 24).
6. Reinstatement of section as it existed prior to 10-27-98 emergency amendment by operation of Government Code section 11346.1(f) (Register 2000, No. 24).
7. Change without regulatory effect amending subsection (e) filed 4-3-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 14).
8. Amendment of subsections (e) and (f) filed 4-8-2004; operative 5-8-2004 (Register 2004, No. 15).
9. Amendment of subsections (c), (d) and (i) and amendment of NOTE filed 10-13-2016; operative 1-1-2017 (Register 2016, No. 42).
10. Amendment of section and NOTE filed 8-27-2018; operative 10-1-2018 (Register 2018, No. 35). Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25284, 25285, 25286, 25288, 25289, 25293, 25294 and 25404, Health and Safety Code; and 40 CFR §§ 280.30, 280.31, 280.32, 280.33, 280.34, 280.36, 280.45 and 281.32.
1. Amendment filed 8-9-91 as an emergency; operative 8-9-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Register 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment of section and Note filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
4. Amendment of subsection (c) and Note filed 10-27-98 as an emergency; operative 10-27-98 (Register 98, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-24-99 or emergency language will be repealed by operation of law on the following day.
5. Editorial correction of History4 (Register 2000, No. 24).
6. Reinstatement of section as it existed prior to 10-27-98 emergency amendment by operation of Government Code section 11346.1(f) (Register 2000, No. 24).
7. Change without regulatory effect amending subsection (e) filed 4-3-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 14).
8. Amendment of subsections (e) and (f) filed 4-8-2004; operative 5-8-2004 (Register 2004, No. 15).
9. Amendment of subsections (c), (d) and (i) and amendment of Note filed 10-13-2016; operative 1/1/2017 (Register 2016, No. 42).
10. Amendment of section and Note filed 8-27-2018; operative 10/1/2018 (Register 2018, No. 35).