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§ 2717.1. Affixing Red Tags.

23 CA ADC § 2717.1Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 23. Waters
Division 3. State Water Resources Control Board and Regional Water Quality Control Boards
Chapter 16. Underground Tank Regulations
Article 10.5. Red Tag Authority
23 CCR § 2717.1
§ 2717.1. Affixing Red Tags.
(a) Upon the discovery of a significant violation that poses an imminent threat to human health or safety or the environment, the local agency may immediately affix a red tag to the fill pipe of the non-compliant underground storage tank system using a tamper-resistant strap or straps, fill pipe bag, or any combination thereof so that the tag is visible to any person attempting to deliver petroleum to the underground storage tank. Immediately after affixing a red tag pursuant to this subdivision, the local agency shall notify the operator, if present on site, of the significant violation(s) for which the red tag was issued. Within 24 hours of affixing a red tag pursuant to this subdivision, the local agency shall notify the owner of the significant violation(s) for which the red tag was issued.
(b) Upon the discovery of a significant violation that does not pose an imminent threat to human health or safety or the environment and that is not otherwise exempt pursuant to Section 2717.4, the local agency may issue a notice of significant violation to the owner and operator identifying the significant violation(s). If the owner or operator fails to correct the significant violation within seven business days from receipt of the notice, the local agency may affix a red tag to the fill pipe of the non-compliant underground storage tank system using a tamper-resistant strap or straps, fill pipe bag, or any combination thereof so that the tag is visible to any person attempting to deliver petroleum to the underground storage tank.
(c) Before affixing a red tag to the fill pipe of an underground storage tank system, the local agency shall document the level of stored product in the tank.
(d) The board shall provide red tags, fill pipe bags, and tamper-resistant straps made of nylon or other durable, damage resistant material to local agencies upon request, and local agencies shall use only red tags, fill pipe bags, and tamper-resistant straps provided by the board.
(e) No owner or operator of a facility may deposit or allow the deposit of petroleum into an underground storage tank system that has a red tag affixed to the system's fill pipe.
(f) No person may deposit petroleum into an underground storage tank system that has a red tag affixed to its fill pipe.
(g) Except as otherwise provided in Section 2717.2, no person shall remove, deface, alter, or otherwise tamper with a red tag so that the information contained on the tag is not legible.
(h) If a permit is required by the local agency in order to correct one or more significant violations identified pursuant to subdivisions (a) or (b), the local agency shall, to the extent feasible, expedite its review and issuance of such permit(s).

Credits

Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25292.3, Health and Safety Code.
History
1. New section filed 5-13-2004; operative 6-12-2004 (Register 2004, No. 20).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 23, § 2717.1, 23 CA ADC § 2717.1
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