BILL NUMBER: AB 1701 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 8, 2012
AMENDED IN ASSEMBLY MARCH 27, 2012
AMENDED IN ASSEMBLY MARCH 8, 2012
INTRODUCED BY Assembly Members Wieckowski and Smyth
FEBRUARY 15, 2012
An act to amend Sections 25281, 25295, 25297.1, and 25299 of, to
add Section 25297.01 to, and to repeal and add Section 25283 of, the
Health and Safety Code, relating to underground storage tanks.
LEGISLATIVE COUNSEL'S DIGEST
AB 1701, as amended, Wieckowski. Underground storage tanks: local
agencies.
(1) Existing law requires the Secretary for Environmental
Protection to implement a unified hazardous waste and hazardous
materials management regulatory program. A city or local agency that
meets specified requirements is authorized to apply to the secretary
to implement the unified program, and every county is required to
apply to the secretary to be certified to implement the unified
program as a Certified Unified Program Agency (CUPA).
Existing law generally regulates the storage of hazardous
substances in underground storage tanks and requires the provisions
to be implemented by the local agency that is authorized to implement
the unified program and thus be certified as the CUPA. Existing law
also defines the term "unified program agency" as meaning the CUPA,
or its participating agencies, that is approved by the secretary to
implement or enforce those underground storage tank requirements.
This bill would revise the term "local agency" for purposes of the
underground storage tank requirements to mean the unified program
agency with regard to the implementation of certain provisions
regulating underground storage tanks and a city or county for
purposes of provisions authorizing corrective action to releases from
those tanks. The bill would impose a state-mandated local program by
imposing new duties upon local agencies with regard to the
implementation of those requirements.
(2) Existing law requires the State Water Resources Control Board
to develop and implement a local oversight program for the abatement
of, and oversight of the abatement of, unauthorized releases of
hazardous substances from underground storage tanks by local agencies
and authorizes the board to enter into an agreement with a local
agency to conduct that program.
This bill would revise those provisions to allow a city or county
to apply to the board to be certified to implement the local
oversight program and would provide, on and after July 1, 2013, that
only a certified city or county is authorized to implement the local
oversight program. The bill would authorize the board to certify a
city or county that the board determines is qualified to oversee or
perform the abatement and would require the board to adopt procedures
and criteria for certifying and withdrawing certification from
cities and counties, which procedures and criteria would be exempt
from the requirements and procedures for the adoption of regulations.
The bill would require the board, if it does not, by July 1, 2013,
certify a city or county that has been previously implementing a
local oversight program, to assign the cases from that city or county
to the appropriate regional board or a certified city or county. The
board would be required to review, at least once every 3 years, the
ability of the certified city or county to carry out the local
oversight program and would be authorized, after conducting the
review, to withdraw the certification of the city or county, pursuant
to a specified procedure.
The bill would allow the board, on and after July
June 30, 2013, to enter into an agreement with a
local agency to conduct the local oversight program only if the
local agency is a certified city or county.
(3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 25281 of the Health and Safety Code is amended
to read:
25281. For purposes of this chapter, and unless otherwise
expressly provided, the following definitions apply:
(a) "Automatic line leak detector" means any method of leak
detection, as determined in regulations adopted by the board, that
alerts the owner or operator of an underground storage tank to the
presence of a leak. "Automatic line leak detector" includes, but is
not limited to, any device or mechanism that alerts the owner or
operator of an underground storage tank to the presence of a leak by
restricting or shutting off the flow of a hazardous substance through
piping, or by triggering an audible or visual alarm, and that
detects leaks of three gallons or more per hour at 10 pounds per
square inch line pressure within one hour.
(b) "Board" means the State Water Resources Control Board.
"Regional board" means a California regional water quality control
board.
(c) "Compatible" means the ability of two or more substances to
maintain their respective physical and chemical properties upon
contact with one another for the design life of the tank system under
conditions likely to be encountered in the tank system.
(d) (1) "Certified Unified Program Agency" or "CUPA" means the
agency certified by the Secretary for Environmental Protection to
implement the unified program specified in Chapter 6.11 (commencing
with Section 25404) within a jurisdiction.
(2) "Participating Agency" or "PA" means an agency that has a
written agreement with the CUPA pursuant to subdivision (d) of
Section 25404.3, and is approved by the secretary to implement or
enforce the unified program element specified in paragraph (3) of
subdivision (c) of Section 25404, in accordance with Sections 25404.1
and 25404.2.
(3) "Unified Program Agency" or "UPA" means the CUPA, or its
participating agencies to the extent each PA has been designated by
the CUPA, pursuant to a written agreement, to implement or enforce
the unified program element specified in paragraph (3) of subdivision
(c) of Section 25404. For purposes of this chapter, a UPA has the
responsibility and authority, to the extent provided by this chapter
and Sections 25404.1 and 25404.2, to implement and enforce only those
requirements of this chapter listed in paragraph (3) of subdivision
(c) of Section 25404 and the regulations adopted to implement those
requirements. Except as provided in Section 25296.09, after a CUPA
has been certified by the secretary, the UPA shall be the only local
agency authorized to enforce the requirements of this chapter listed
in paragraph (3) of subdivision (c) of Section 25404 within the
jurisdiction of the CUPA. This paragraph shall not be construed to
limit the authority or responsibility granted to the board and the
regional boards by this chapter to implement and enforce this chapter
and the regulations adopted pursuant to this chapter.
(e) "Department" means the Department of Toxic Substances Control.
(f) "Facility" means any one, or combination of, underground
storage tanks used by a single business entity at a single location
or site.
(g) "Federal act" means Subchapter IX (commencing with Section
6991) of Chapter 82 of Title 42 of the United States Code, as added
by the Hazardous and Solid Waste Amendments of 1984 (Public Law
98-616), or as it may subsequently be amended or supplemented.
(h) "Hazardous substance" means either of the following:
(1) All of the following liquid and solid substances, unless the
department, in consultation with the board, determines that the
substance could not adversely affect the quality of the waters of the
state:
(A) Substances on the list prepared by the Director of Industrial
Relations pursuant to Section 6382 of the Labor Code.
(B) Hazardous substances, as defined in Section 25316.
(C) Any substance or material that is classified by the National
Fire Protection Association (NFPA) as a flammable liquid, a class II
combustible liquid, or a class III-A combustible liquid.
(2) Any regulated substance, as defined in subsection (7) of
Section 6991 of Title 42 of the United States Code, as that section
reads on January 1, 2012, or as it may subsequently be amended or
supplemented.
(i) "Local agency" means one of the following, as specified in
subdivision (b) of Section 25283:
(1) The unified program agency.
(2) Before July 1, 2013, a city or county.
(3) On and after July 1, 2013, a city or county certified by the
board to implement the local oversight program pursuant to Section
25297.01.
(j) "Operator" means any person in control of, or having daily
responsibility for, the daily operation of an underground storage
tank system.
(k) "Owner" means the owner of an underground storage tank.
(l) "Person" means an individual, trust, firm, joint stock
company, corporation, including a government corporation,
partnership, limited liability company, or association. "Person" also
includes any city, county, district, the state, another state of the
United States, any department or agency of this state or another
state, or the United States to the extent authorized by federal law.
(m) "Pipe" means any pipeline or system of pipelines that is used
in connection with the storage of hazardous substances and that is
not intended to transport hazardous substances in interstate or
intrastate commerce or to transfer hazardous materials in bulk to or
from a marine vessel.
(n) "Primary containment" means the first level of containment,
such as the portion of a tank that comes into immediate contact on
its inner surface with the hazardous substance being contained.
(o) "Product tight" means impervious to the substance that is
contained, or is to be contained, so as to prevent the seepage of the
substance from the containment.
(p) "Release" means any spilling, leaking, emitting, discharging,
escaping, leaching, or disposing from an underground storage tank
into or on the waters of the state, the land, or the subsurface
soils.
(q) "Secondary containment" means the level of containment
external to, and separate from, the primary containment.
(r) "Single walled" means construction with walls made of only one
thickness of material. For the purposes of this chapter, laminated,
coated, or clad materials are considered single walled.
(s) "Special inspector" means a professional engineer, registered
pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of
the Business and Professions Code, who is qualified to attest, at a
minimum, to structural soundness, seismic safety, the compatibility
of construction materials with contents, cathodic protection, and the
mechanical compatibility of the structural elements of underground
storage tanks.
(t) "Storage" or "store" means the containment, handling, or
treatment of hazardous substances, either on a temporary basis or for
a period of years. "Storage" or "store" does not include the storage
of hazardous wastes in an underground storage tank if the person
operating the tank has been issued a hazardous waste facilities
permit by the department pursuant to Section 25200 or granted interim
status under Section 25200.5.
(u) "Tank" means a stationary device designed to contain an
accumulation of hazardous substances which is constructed primarily
of nonearthen materials, including, but not limited to, wood,
concrete, steel, or plastic that provides structural support.
(v) "Tank integrity test" means a test method capable of detecting
an unauthorized release from an underground storage tank consistent
with the minimum standards adopted by the board.
(w) "Tank tester" means an individual who performs tank integrity
tests on underground storage tanks.
(x) "Unauthorized release" means any release of any hazardous
substance that does not conform to this chapter, including an
unauthorized release specified in Section 25295.5.
(y) (1) "Underground storage tank" means any one or combination of
tanks, including pipes connected thereto, that is used for the
storage of hazardous substances and that is substantially or totally
beneath the surface of the ground. "Underground storage tank" does
not include any of the following:
(A) A tank with a capacity of 1,100 gallons or less that is
located on a farm and that stores motor vehicle fuel used primarily
for agricultural purposes and not for resale.
(B) A tank that is located on a farm or at the residence of a
person, that has a capacity of 1,100 gallons or less, and that stores
home heating oil for consumptive use on the premises where stored.
(C) Structures, such as sumps, separators, storm drains, catch
basins, oil field gathering lines, refinery pipelines, lagoons,
evaporation ponds, well cellars, separation sumps, and
lined and unlined pits, sumps , and lagoons. A sump that
is a part of a monitoring system required under Section 25290.1,
25290.2, 25291, or 25292 and sumps or other structures defined as
underground storage tanks under the federal act are not exempted by
this subparagraph.
(D) A tank holding hydraulic fluid for a closed loop mechanical
system that uses compressed air or hydraulic fluid to operate lifts,
elevators, and other similar devices.
(2) Structures identified in subparagraphs (C) and (D) of
paragraph (1) may be regulated by the board and any regional board
pursuant to the Porter-Cologne Water Quality Control Act (Division 7
(commencing with Section 13000) of the Water Code) to ensure that
they do not pose a threat to water quality.
(z) "Underground tank system" or "tank system" means an
underground storage tank, connected piping, ancillary equipment, and
containment system, if any.
(aa) (1) "Unified program facility" means all contiguous land and
structures, other appurtenances, and improvements on the land that
are subject to the requirements of paragraph (3) of subdivision (c)
of Section 25404.
(2) "Unified program facility permit" means a permit issued
pursuant to Chapter 6.11 (commencing with Section 25404), and that
encompasses the permitting requirements of Section 25284.
(3) "Permit" means a permit issued pursuant to Section 25284 or a
unified program facility permit as defined in paragraph (2).
SEC. 2. Section 25283 of the Health and Safety Code is repealed.
SEC. 3. Section 25283 is added to the Health and Safety Code, to
read:
25283. (a) This chapter shall be implemented by the board, by the
regional board, and by the local agency, as defined in subdivision
(b), pursuant to the regulations adopted by the board.
(b) For purposes of this chapter, "local agency" means the
following:
(1) (A) A local agency means the unified program agency for
purposes of implementing the unified program, as specified in
paragraph (3) of subdivision (c) of Section 25404, including the
requirements of this chapter and the requirements of any underground
storage tank ordinance adopted by a city or county.
(B) Consistent with paragraph (3) of subdivision (c) of Section
25404, for purposes of this chapter, a unified program agency does
not implement those responsibilities assigned to the state board
pursuant to Section 25297.1 or the corrective action requirements of
Sections 25296.10 to 25296.40, inclusive.
(2) Before July 1, 2013, a local agency means a city or county for
purposes of implementing the corrective action requirements of all
of the following:
(A) Sections 25296.10 to 25296.40, inclusive.
(B) Sections 25296.09, 25297, 25297.2, and 25298.5.
(C) Sections 25299 to 25299.3, inclusive, with regard to
implementing those corrective action requirements.
(D) Any other provision of this chapter that relates to
implementing a corrective action.
(3) On and after July 1, 2013, a local agency means a city or
county that is certified by the board to implement the local
oversight program pursuant to Section 25297.01 for purposes of
implementing the corrective action requirements of all of the
following:
(A) Sections 25296.10 to 25296.40, inclusive.
(B) Sections 25296.09, 25297, 25297.2, and 25298.5.
(C) Sections 25299 to 25299.3, inclusive, with regard to
implementing those corrective action requirements.
(D) Any other provision of this chapter that relates to
implementing a corrective action.
SEC. 4. Section 25295 of the Health and Safety Code is amended to
read:
25295. (a) (1) An unauthorized release that escapes from the
secondary containment, or from the primary containment, if no
secondary containment exists, increases the hazard of fire or
explosion, or causes deterioration of the secondary containment of
the underground tank system shall be reported by the owner or
operator to the local agency within 24 hours after the release has
been detected or should have been detected. The owner or operator of
the underground tank system shall transmit the information specified
in this paragraph regarding the unauthorized release to the local
agency no later than five working days after the date of the
occurrence of the unauthorized release. The information shall be
submitted to the local agency on a written form or using an
electronic format developed by the board and approved by the
Secretary for Environmental Protection as consistent with the
standardized electronic format and protocol requirements of Sections
71060 to 71065, inclusive, of the Public Resources Code. Either
reporting method shall include all of the following:
(A) A description of the nature and volume of the unauthorized
release.
(B) The corrective or remedial actions undertaken.
(C) Any further corrective or remedial actions, including
investigative actions, that will be needed to clean up the
unauthorized release and abate the effects of the unauthorized
release.
(D) A time schedule for implementing the actions specified in
subparagraph (C).
(E) The source and cause of the unauthorized release.
(F) The underground storage tank system's record of compliance
with this chapter, including data on equipment failures.
(G) Any other information the board deems necessary to implement
or comply with this chapter, Chapter 6.75 (commencing with Section
25299.10), or the federal act.
(2) The local agency shall review the permit whenever there has
been an unauthorized release or when it determines that the
underground tank system is unsafe. In determining whether to modify
or terminate the permit, the local agency shall consider the age of
the tank, the methods of containment, the methods of monitoring, the
feasibility of any required repairs, the concentration of the
hazardous substances stored in the tank, the severity of potential
unauthorized releases, and the suitability of any other long-term
preventive measures that would meet the requirements of this chapter.
(b) (1) Each regional board and local agency shall submit a report
to the board for all unauthorized releases, indicating for each
unauthorized release the responsible party, the site name, the
hazardous substance, the quantity of the unauthorized release if
known, the actions taken to abate the problem, the source and cause
of the unauthorized release, the underground storage tank system's
record of compliance with this chapter, data on equipment failures,
and any other information that the board deems necessary to implement
this chapter, Chapter 6.75 (commencing with Section 25299.10), or
the federal act.
(2) The information required by this subdivision shall be
submitted to the board and updated using the board's
Internet-accessible database that accepts data pursuant to Section
13196 of the Water Code.
(3) On and before December 1, 2012, and not less than annually
thereafter, the board shall post and update on its Internet Web site,
the information concerning unauthorized releases in the reports
submitted pursuant to this subdivision.
(4) The board may adopt regulations pursuant to Section 25299.3
that specify reporting requirements for the implementation of this
section, including, but not limited to, requirements for the
electronic submission of the information required in a report
submitted pursuant to this subdivision. If the board adopts these
regulations, the board shall adopt the regulations as emergency
regulations in accordance with Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code, and
for the purposes of that chapter, including Section 11349.6 of the
Government Code, the adoption of these regulations is an emergency
and shall be considered by the Office of Administrative Law as
necessary to avoid serious harm to the public peace, health, safety,
or general welfare. Notwithstanding Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code, including subdivision (e) of Section 11346.1 of the Government
Code, the emergency regulations adopted pursuant to this subdivision
shall be filed with, but shall not be repealed by, the Office of
Administrative Law and shall remain in effect until revised by the
board.
(c) The reporting requirements imposed by this section are in
addition to any requirements that may be imposed by Sections 13271
and 13272 of the Water Code.
SEC. 5. Section 25297.01 is added to the Health and Safety Code,
to read:
25297.01. (a) In addition to the authority granted to the board
pursuant to Division 7 (commencing with Section 13000) of the Water
Code and to the department pursuant to Chapter 6.8 (commencing with
Section 25300), the board, in cooperation with the department, shall
develop and implement a local oversight program for the abatement of,
and oversight of the abatement of, unauthorized releases of
hazardous substances from underground storage tanks by a local agency
certified pursuant to this section.
(b) On and after July 1, 2013, only a city or county certified
pursuant to subdivision (c) may implement a local oversight program.
The board may enter into an agreement pursuant to Section 25297.1
with a certified city or county to implement the oversight program.
(c) The board may certify a city or county if the board determines
that the city or county is qualified to oversee or perform the
abatement of unauthorized releases of hazardous substances from
underground storage tanks. The board shall consider, as criteria for
determining whether a city or county is qualified, at a minimum, all
of the following factors:
(1) Adequacy of the technical expertise possessed by the city or
county.
(2) Adequacy of staff resources.
(3) Adequacy of budget resources and funding mechanisms.
(4) Training requirements.
(5) Past performance in implementing and enforcing corrective
action requirements.
(6) Recordkeeping and accounting systems.
(d) The board shall adopt procedures and criteria for certifying
and withdrawing certification from cities and counties pursuant to
this section. The adoption of these procedures and criteria shall not
be considered as regulations subject to, and shall be exempt from,
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code.
(e) If the board does not, by July 1, 2013, certify a city or
county that has been implementing a local oversight program pursuant
to an agreement entered into with the board on or before January 1,
2013, the board shall assign the cases from that city or county to
the appropriate regional board or to a city or county that is
certified by the board. An order or directive issued by that
uncertified city or county on or before July 1, 2013, shall remain in
effect and may be enforced by the regional board or certified city
or county that receives the case.
(f) The board shall review, at least once every three years, the
ability of the certified city or county to carry out the local
oversight program. When conducting this review, the board shall
consider the certification criteria contained in paragraphs (1) to
(6), inclusive, of subdivision (c) and the criteria adopted pursuant
to subdivision (d). The board may, after conducting the review,
withdraw the certification of the city or county. Upon making this
withdrawal, the cases of the former certified city or county shall be
transferred from the city or county and the orders and directives
issued by the former certified city or county shall remain effective
and enforceable in accordance with subdivision (e). The board shall
not make the effective date for the withdrawal of a certification
before the expiration date of the local oversight program agreement
entered into between the board and the certified city or county
pursuant to Section 25297.1, unless the certified city or county
fails to comply with the agreement.
SEC. 6. Section 25297.1 of the Health and Safety Code is amended
to read:
25297.1. (a) (1) For purposes of
implementing, pursuant to Section 25297.01, the local oversight
program for the abatement of, and oversight of the abatement of,
unauthorized releases of hazardous substances from underground
storage tanks, the board may enter into in an agreement specified in
subdivision (b) with the local agency.
(1)
(2) A city or county that the board selected pursuant
to this section, as it read on January 1, 2012, which entered into an
agreement with the board before July 1, 2013, may apply to the board
for certification pursuant to Section 25297.01. The city or county
may continue to implement the oversight program until July 1, 2013,
and , after that date, the city or county shall either be
certified or be subject to subdivision (e) of Section 25297.01.
(2)
(3) On and after June 30, 2013, the board may enter
into an agreement pursuant to this section only with a city or county
certified pursuant to Section 25297.01.
(b) In implementing the local oversight program for the abatement
of, and oversight of the abatement of, unauthorized releases of
hazardous substances from underground storage tanks, the board may
select a local agency to enter into an agreement with the board. When
selecting a local agency, the board shall, from among those local
agencies that apply to the board, give first priority to those local
agencies that have demonstrated prior experience in cleanup,
abatement, or other actions necessary to remedy the effects of
unauthorized releases of hazardous substances from underground
storage tanks. The board shall enter into an agreement with only
those local agencies that have implemented this chapter and that,
except as provided in Section 25404.5, have begun to collect and
transmit to the board the surcharge or fees pursuant to subdivision
(b) of Section 25287. The agreement shall provide for the local
agency to perform, or cause to be performed, any cleanup, abatement,
or other action necessary to remedy the effects of a release of
hazardous substances from an underground storage tank with respect to
which the local agency has enforcement authority pursuant to this
section. The board may not enter into an agreement with a local
agency for soil contamination cleanup or for groundwater
contamination cleanup unless the board determines that the local
agency has a demonstrated capability to oversee or perform the
cleanup. The implementation of the cleanup, abatement, or other
action shall be consistent with procedures adopted by the board
pursuant to subdivision (d) and shall be based upon cleanup standards
specified by the board or regional board.
(c) The board shall provide funding to a local agency that enters
into an agreement pursuant to subdivision (b) for the reasonable
costs incurred by the local agency in overseeing any cleanup,
abatement, or other action taken by a responsible party to remedy the
effects of unauthorized releases from underground storage tanks.
(d) The board shall adopt administrative and technical procedures,
as part of the state policy for water quality control adopted
pursuant to Section 13140 of the Water Code, for cleanup and
abatement actions taken by a local agency with which the board has
entered into an agreement pursuant to this section. The procedures
shall include, but not be limited to, all of the following:
(1) Guidelines as to which sites may be assigned to the local
agency.
(2) The content of the agreements.
(3) Procedures by which a responsible party may petition the board
or a regional board for review, pursuant to Article 2 (commencing
with Section 13320) of Chapter 5 of Division 7 of the Water Code, or
pursuant to Chapter 9.2 (commencing with Section 2250) of Division 3
of Title 23 of the California Code of Regulations, or any successor
regulation, as applicable, of actions or decisions of the local
agency in implementing the cleanup, abatement, or other action.
(4) Protocols for assessing and recovering money from responsible
parties for any reasonable and necessary costs incurred by the local
agency in implementing this section, as specified in subdivision (i),
unless the cleanup or abatement action is subject to subdivision (d)
of Section 25296.10.
(5) Quantifiable measures to evaluate the outcome of a pilot
program established pursuant to this section.
(e) Any agreement between the regional board and a local agency to
carry out a local oversight program pursuant to this section shall
require both of the following:
(1) The local agency shall establish and maintain accurate
accounting records of all costs it incurs pursuant to this section
and shall periodically make these records available to the board. The
Controller may annually audit these records to verify the hourly
oversight costs charged by a local agency. The board shall reimburse
the Controller for the cost of the audits of a local agency's records
conducted pursuant to this section.
(2) The board and the department shall make reasonable efforts to
recover costs incurred pursuant to this section from responsible
parties, and may pursue any available legal remedy for this purpose.
(f) The board shall develop a system for maintaining a database
for tracking expenditures of funds pursuant to this section, and
shall make this data available to the Legislature upon request.
(g) (1) Sections 25355.5 and 25356 do not apply to expenditures
from the Toxic Substances Control Account for oversight of abatement
of releases from underground storage tanks as part of the local
oversight program conducted pursuant to an agreement entered into
pursuant to this section.
(2) A local agency that enters into an agreement pursuant to
subdivision (b) shall notify the responsible party, for any site
subject to a cleanup, abatement, or other action taken pursuant to
the local oversight program established pursuant to this section,
that the responsible party is liable for not more than 150 percent of
the total amount of
site-specific oversight costs actually incurred by the local agency.
(h) Any aggrieved person may petition the board or regional board
for review of the action or failure to act of a local agency that
enters into an agreement pursuant to subdivision (b), at a site
subject to cleanup, abatement, or other action conducted as part of
the local oversight program established pursuant to this section, in
accordance with the procedures adopted by the board or regional board
pursuant to subdivision (d).
(i) (1) For purposes of this section, site-specific oversight
costs include only the costs of the following activities, when
carried out by the staff of a local agency or the local agency's
authorized representative, that are either technical program staff or
their immediate supervisors:
(A) Responsible party identification and notification.
(B) Site visits.
(C) Sampling activities.
(D) Meetings with responsible parties or responsible party
consultants.
(E) Meetings with the regional board or with other affected
agencies regarding a specific site.
(F) Review of reports, workplans, preliminary assessments,
remedial action plans, or postremedial monitoring.
(G) Development of enforcement actions against a responsible
party.
(H) Issuance of a closure document.
(2) The responsible party is liable for the site-specific
oversight costs, calculated pursuant to paragraphs (3) and (4),
incurred by a local agency, in overseeing any cleanup, abatement, or
other action taken pursuant to an agreement entered into pursuant to
this section to remedy an unauthorized release from an underground
storage tank.
(3) Notwithstanding the requirements of any other law, the amount
of liability of a responsible party for the oversight costs incurred
by the local agency and by the board and regional boards in
overseeing any action pursuant to an agreement entered into pursuant
to this section shall be calculated as an amount not more than 150
percent of the total amount of the site-specific oversight costs
actually incurred by the local agency and shall not include the
direct or indirect costs incurred by the board or regional boards.
(4) (A) The total amount of oversight costs for which a local
agency may be reimbursed shall not exceed one hundred fifteen dollars
($115) per hour, multiplied by the total number of site-specific
hours performed by the local agency.
(B) The total amount of the costs per site for administration and
technical assistance to local agencies by the board and the regional
board entering into agreements pursuant to subdivision (b) shall not
exceed a combined total of thirty-five dollars ($35) for each hour of
site-specific oversight. The board shall base its costs on the total
hours of site-specific oversight work performed by all participating
local agencies. The regional board shall base its costs on the total
number of hours of site-specific oversight costs attributable to the
local agency that received regional board assistance.
(C) The amounts specified in subparagraphs (A) and (B) are base
rates for the 1990-91 fiscal year. Commencing July 1, 1991, and for
each fiscal year thereafter, the board shall adjust the base rates
annually to reflect increases or decreases in the cost of living
during the prior fiscal year, as measured by the implicit price
deflator for state and local government purchases of goods and
services, as published by the United States Department of Commerce or
by a successor agency of the federal government.
(5) In recovering costs from responsible parties for costs
incurred under this section, the local agency shall prorate any costs
identifiable as startup costs over the expected number of cases that
the local agency will oversee during a 10-year period. A responsible
party who has been assessed startup costs for the cleanup of any
unauthorized release that, as of January 1, 1991, is the subject of
oversight by a local agency, shall receive an adjustment by the local
agency in the form of a credit, for the purposes of cost recovery.
Startup costs include all of the following expenses:
(A) Small tools, safety clothing, cameras, sampling equipment, and
other similar articles necessary to investigate or document
pollution.
(B) Office furniture.
(C) Staff assistance needed to develop computer tracking of
financial and site-specific records.
(D) Training and setup costs for the first six months of the local
agency program.
(6) This subdivision does not apply to costs that are required to
be recovered pursuant to Article 7.5 (commencing with Section 25385)
of Chapter 6.8.
(j) The inoperation of former paragraph (1) of this subdivision
does not affect the validity of any action taken by the Santa Clara
Valley Water District before June 30, 2005, and does not provide a
defense for an owner, operator, or other responsible party who fails
to comply with that action.
(k) Notwithstanding subdivisions (a) and (b), any agreement
entered into before January 1, 2013, between a regional board and a
water district to oversee, coordinate, or implement a cooperative
oversight program will remain in effect in accordance with the terms
of that agreement.
SEC. 7. Section 25299 of the Health and Safety Code is amended to
read:
25299. (a) An operator of an underground tank system shall be
liable for a civil penalty of not less than five hundred dollars
($500) or more than five thousand dollars ($5,000) for each
underground storage tank for each day of violation for any of the
following violations:
(1) Operating an underground tank system that has not been issued
a permit, in violation of this chapter.
(2) Violation of an applicable requirement of the permit issued
for the operation of the underground tank system.
(3) Failure to maintain records, as required by this chapter.
(4) Failure to report an unauthorized release, as required by
Sections 25294 and 25295.
(5) Failure to properly close an underground tank system, as
required by Section 25298.
(6) Violation of an applicable requirement of this chapter or any
regulation adopted by the board pursuant to Section 25299.3.
(7) Failure to permit inspection or to perform a monitoring,
testing, or reporting required pursuant to Section 25288 or 25289.
(8) Making a false statement, representation, or certification in
an application, record, report, or other document submitted or
required to be maintained pursuant to this chapter.
(9) Tampering with or otherwise disabling automatic leak detection
devices or alarms.
(b) An owner of an underground tank system shall be liable for a
civil penalty of not less than five hundred dollars ($500) or more
than five thousand dollars ($5,000) per day for each underground
storage tank, for each day of violation, for any of the following
violations:
(1) Failure to obtain a permit as specified by this chapter.
(2) Failure to repair or upgrade an underground tank system in
accordance with this chapter.
(3) Abandonment or improper closure of an underground tank system
subject to this chapter.
(4) Violation of an applicable requirement of the permit issued
for operation of the underground tank system.
(5) Violation of an applicable requirement of this chapter or a
regulation adopted by the board pursuant to Section 25299.3.
(6) Failure to permit inspection or to perform a monitoring,
testing, or reporting required pursuant to Section 25288 or 25289.
(7) Making a false statement, representation, or certification in
an application, record, report, or other document submitted or
required to be maintained pursuant to this chapter.
(c) A person who intentionally fails to notify the board, the
regional board, or the local agency when required to do so by this
chapter or who submits false information in a permit application,
amendment, or renewal, pursuant to Section 25286, is liable for a
civil penalty of not more than five thousand dollars ($5,000) for
each underground storage tank for which notification is not given or
false information is submitted.
(d) (1) A person who violates a corrective action requirement
established by, or issued pursuant to, Section 25296.10 is liable for
a civil penalty of not more than ten thousand dollars ($10,000) for
each underground storage tank for each day of violation.
(2) A civil penalty under this subdivision may be imposed in a
civil action under this chapter, or may be administratively imposed
by the board or a regional board pursuant to Article 2.5 (commencing
with Section 13323) of Chapter 5 of Division 7 of the Water Code.
(e) A person who violates Section 25292.3 is liable for a civil
penalty of not more than five thousand dollars ($5,000) for each
underground storage tank for each day of violation.
(f) (1) A person who falsifies any monitoring records required by
this chapter, or knowingly fails to report an unauthorized release,
shall, upon conviction, be punished by a fine of not less than five
thousand dollars ($5,000) or more than ten thousand dollars
($10,000), by imprisonment in the county jail for not to exceed one
year, or by both that fine and imprisonment.
(2) A person who intentionally disables or tampers with an
automatic leak detection system in a manner that would prevent the
automatic leak detection system from detecting a leak or alerting the
owner or operator of the leak, shall, upon conviction, be punished
by a fine of not less than five thousand dollars ($5,000) or more
than ten thousand dollars ($10,000), by imprisonment in the county
jail for not more than one year, or by both the fine and
imprisonment.
(g) In determining both the civil and criminal penalties imposed
pursuant to this section, the board, a regional board , or
the court, as the case may be, shall consider all relevant
circumstances, including, but not limited to, the extent of harm or
potential harm caused by the violation, the nature of the violation
and the period of time over which it occurred, the frequency of past
violations, and the corrective action, if any, taken by the person
who holds the permit.
(h) (1) A civil penalty or criminal fine imposed pursuant to this
section for a separate violation shall be separate, and in addition
to, any other civil penalty or criminal fine imposed pursuant to this
section or any other provision of law, except that no civil penalty
shall be recovered under subdivision (d) for violations for which a
civil penalty is recovered pursuant to Section 13268 or 13350 of the
Water Code. The penalty or fine shall be paid to the unified program
agency, the participating agency, or the state, whichever is
represented by the office of the city attorney, district attorney, or
Attorney General bringing the action.
(2) Any penalties or fines paid to a uniform program agency or a
participating agency pursuant to paragraph (1) shall be deposited
into a special account and shall be expended only to fund the
activities of the unified program agency or participating agency in
enforcing this chapter within that jurisdiction pursuant, to the
uniform program specified in Chapter 6.11 (commencing with Section
25404).
(3) All penalties or fines collected by the board or a regional
board or collected on behalf of the board or a regional board by the
Attorney General shall be deposited in the State Water Pollution
Cleanup and Abatement Account in the State Water Quality Control
Fund, and are available for expenditure by the board, upon
appropriation, pursuant to Section 13441 of the Water Code.
(i) Paragraph (9) of subdivision (a) does not prohibit the owner
or operator of an underground storage tank, or his or her designee,
from maintaining, repairing, or replacing automatic leak detection
devices or alarms associated with that tank.
SEC. 8. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.