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§ 2652. Reporting, Investigation and Initial Response Requirements for Unauthorized Releases.


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 5. Release Reporting and Initial Abatement Requirements
23 CCR § 2652
§ 2652. Reporting, Investigation and Initial Response Requirements for Unauthorized Releases.
(a) Owners or operators required under section 2650 to report a release or condition, shall comply with the requirements of this section.
(b) Within 24 hours after an unauthorized release or condition has been detected, or should have been detected, the owner or operator shall notify the local agency and shall investigate the condition, and take immediate measures to stop the release. If necessary, or if required by the local agency, the owner or operator shall remove the remaining stored substance from the tank to prevent further releases to the environment or to facilitate corrective action. If an emergency exists, the owner or operator shall also notify the State Office of Emergency Services.
(c) Within five working days of detecting an unauthorized release, the owner or operator shall submit to the local agency through the California Environmental Reporting System or a local reporting portal a full written report which shall include, but not be limited to, all of the following information to the extent that the information is known at the time of filing the report:
(1) Owner's or operator's name and telephone number;
(2) A list of the types, quantities, and concentrations of hazardous substances released;
(3) The approximate date of the release;
(4) The date on which the release was discovered;
(5) The date on which the release was stopped;
(6) A description of the actions taken to control and/or stop the release;
(7) A description of the corrective and remedial actions, including investigations which were undertaken and will be conducted to determine the nature and extent of soil, ground water or surface water contamination due to the release;
(8) The method(s) of cleanup implemented to date, proposed cleanup actions, and a time schedule for implementing the proposed actions;
(9) The method and location of disposal of the released hazardous substance and any contaminated soils or ground water or surface water. Copies of any completed hazardous waste manifests for off-site transport of these media shall accompany the report;
(10) A description of the proposed method(s) of repair or replacement of the primary and secondary containment. If this involves a change described in section 25286 of the Health and Safety Code, notification pursuant to that section shall be made.
(11) A description of additional actions taken to prevent future releases.
(d) Until investigation and cleanup are complete, the owner or operator shall submit reports to the local agency or Regional Water Quality Board through GeoTracker every three months, or more frequently if specified by the agency overseeing the cleanup. Reports shall include but not be limited to, an update of the required information in subdivision (c), and the results of all investigation monitoring or other corrective actions which have occurred during the reporting period. Information required by sections 2653 and 2654 shall be submitted as part of the periodic report to the agency.
(e) The owner or operator shall conduct all necessary initial abatement and site characterization actions as required by sections 2653 and 2654 and shall take additional corrective action as required by Article 11.
(f) If the test results from either an investigation conducted under subdivision (e), or from other procedures approved by the agency, fail to confirm that there has been an unauthorized release from the underground storage tank, no further investigation or corrective action is required.
Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25286, 25288, 29295, 25296.35 and 25404, Health and Safety Code; and 40 CFR 280.52 and 280.53.
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 filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
4. Amendment of subsections (c), (c)(9), (d) and (f) and amendment of Note filed 10-13-2016; operative 1-1-2017 (Register 2016, No. 42).
This database is current through 6/17/22 Register 2022, No. 24
23 CCR § 2652, 23 CA ADC § 2652
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