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§ 2640. General Applicability of Article.


Barclays Official California Code of Regulations Currentness
Title 23. Waters
Division 3. State Water Resources Control Board and Regional Water Quality Control Boards
Chapter 16. Underground Tank Regulations
Article 4. Existing Underground Storage Tank Monitoring Requirements
23 CCR § 2640
§ 2640. General Applicability of Article.
(a) The requirements of this article apply to owners or operators of existing underground storage tanks.
(b) The requirements of this article apply during the following periods:
(1) Any operating period, including any period during which the tank is empty as a result of withdrawal of all stored substances before input of additional hazardous substances;
(2) Any period during which hazardous substances are stored in the tank, and no filling or withdrawal is conducted; and
(3) Any period between cessation of the storage of hazardous substances and the actual completion of closure, pursuant to Article 7, unless otherwise specified by local agency, pursuant to section 2671(b), during a temporary closure period.
(c) This article shall not apply to underground storage tanks that are designed, constructed, installed, and monitored in accordance with Article 3.
(d) On and after October 1, 2018, tanks shall not be monitored pursuant to section 25292(b)(5)(A) of the Health and Safety Code.
(e) 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 notified by the board according to GeoTracker, shall implement a program of enhanced leak detection or monitoring for that tank system in accordance with section 2644.1. Additionally, the following conditions for enhanced leak detection shall apply:
(1) For the purpose of section 2644.1, vent or tank riser piping, vapor recovery piping, and suction piping that meet the definitions of section 2636(a)(1), (2), or (3), are not considered single-walled components.
(2) Owners or operators notified by the board who believe that their facility is not subject to this requirement may request reconsideration by the Division of Clean Water Programs Underground Storage Tank Program Manager. The request shall be in writing and received by the Underground Storage Tank Program Manager within 60 days of the date the notification was mailed. The Program Manager shall make a decision on the request, and notify the applicable local agency of this decision, within 90 days of receipt of the request.
(3) The request for reconsideration must include the name and address of the subject facility, the name and address of the owner or operator submitting the request, and the reason(s) why the requester believes the board notification was in error. If the request is based on evidence that the underground storage tank system in question is greater than 1,000 feet from a public drinking water well, the request shall include a demonstration that the center of the wellhead is more than 1,000 feet from the closest component of the underground storage tank system. If the request is based on evidence that the subject underground storage tank system does not have a single-walled component, the request shall include supporting documentation. A copy of the request shall be concurrently submitted to the local agency.
Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25292 and 25292.4, Health and Safety Code; and 40 CFR §§ 280.40, 280.41, 280.42 and 280.43(b).
1. Amendment of article and section headings and Note, repealer of subsections (a)-(f), and adoption of subsections (a)-(c) 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), new subsections (e)-(e)(3) and amendment of Note filed 5-14-2001; operative 5-14-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 20).
5. Amendment of subsections (e) and (e)(2)-(3) and amendment of Note filed 10-13-2016; operative 1-1-2017 (Register 2016, No. 42).
6. Amendment of subsections (d) and (e)(2)-(3) and amendment of Note filed 8-27-2018; operative 10-1-2018 (Register 2018, No. 35).
This database is current through 6/24/22 Register 2022, No. 25
23 CCR § 2640, 23 CA ADC § 2640
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