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§ 2722. Scope of Corrective Action.


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 11. Corrective Action Requirements
23 CCR § 2722
§ 2722. Scope of Corrective Action.
(a) Corrective action includes one or more of the following phases:
(1) Preliminary Site Assessment Phase
(2) Soil and Water Investigation Phase;
(3) Corrective Action Plan Implementation Phase; and
(4) Verification Monitoring Phase.
(b) The responsible party shall take or contract for interim remedial actions, as necessary, to abate or correct the actual or potential effects of an unauthorized release. Interim remedial actions can occur concurrently with any phase of corrective action. Before taking interim remedial action, the responsible party shall notify the regulatory agency of the proposed action and shall comply with any requirements that the regulatory agency sets. Interim remedial actions include, but are not limited to, the following:
(1) Removal of free product. Free product removal must comply with the applicable provisions of Section 2655 of Article 5;
(2) Enhanced biodegradation to promote bacterial decomposition of contaminants;
(3) Excavation and disposal of contaminated soil;
(4) Excavation and treatment of contaminated soil;
(5) Vacuum extraction of contaminants from soil or ground water; and
(6) Pumping and treatment of ground water to remove dissolved contaminants.
(c) The responsible party shall submit a workplan through GeoTracker to the regulatory agency responsible for overseeing corrective action at the underground storage tank site, under the conditions listed below. If no regulatory agency has assumed responsibility for overseeing corrective action, the responsible party shall submit the workplan to the regional board with jurisdiction for the site where the underground storage tank is or was located:
(1) For proposed activities under the Preliminary Site Assessment Phase, if directed by the regulatory agency; and
(2) Before initiating any work in accordance with Sections 2725 and 2727 of this Article.
(d) The workplan shall include the proposed actions and a proposed schedule for their completion. The responsible party shall modify the workplan, as necessary, at the direction of the regulatory agency.
(e) In the interest of minimizing environmental contamination and promoting prompt cleanup, the responsible party may begin implementation of the proposed actions after the workplan has been submitted and before it has received agency concurrence. Implementation of the workplan may begin sixty (60) calendar days after submittal, unless the responsible party is otherwise directed in writing by the regulatory agency. Before beginning these activities, the responsible party shall:
(1) Notify the regulatory agency of the intent to initiate the proposed actions included in the workplan submitted; and
(2) Comply with any conditions set by the regulatory agency, including mitigation of adverse consequences from cleanup activities.
Note: Authority cited: Sections 25299.3 and 25299.77, Health and Safety Code. Reference: Sections 25295, 25296.35, 25297, 25299.14, 25299.37 and 25299.78, Health and Safety Code; Section 13267, Water Code; and 40 CFR 280.53, 280.60, 280.61, 280.62, 280.63, 280.64, 280.65 and 280.66.
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.77 (Register 92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
3. Amendment of subsections (b)(1)-(c)(2) and (e)-(e)(2) and amendment of Note filed 10-13-2016; operative 1-1-2017 (Register 2016, No. 42).
This database is current through 6/24/22 Register 2022, No. 25
23 CCR § 2722, 23 CA ADC § 2722
End of Document