Chapter 6.67Aboveground Storage of Petroleum
Section § 25270
This section specifies the name of this chapter of the law, which is the Aboveground Petroleum Storage Act.
Section § 25270.12
If you own or operate a tank facility and don't follow specific rules like preparing a spill prevention plan, filing necessary statements, or reporting spills, you can be fined up to $5,000 for each day the rule is ignored. Repeat offenders can face fines up to $10,000 per day. These penalties can be pursued by local city attorneys, county counsels, district attorneys, or the Attorney General.
Half of the fines collected from local actions are used for local program functions, while the remainder supports the offices pursuing these cases. Fines from cases the Attorney General handles go towards cleaning up waste affecting state waters. The law lets these officials seek court orders to stop ongoing violations and ensures they inform each other when actions are filed. These penalties are in addition to any others that may apply.
Section § 25270.13
This section of the law states that local laws about storage tanks that were in place before August 16, 1989, are not overridden as long as they meet or are stricter than the state standards.
Additionally, it specifies that this law does not interfere with the authority of the state water board and regional water boards under the Water Quality Control Act to manage water quality issues.
Section § 25270.2
This section provides definitions for terms used in the chapter related to aboveground storage tanks in California. It defines an 'aboveground storage tank' as a tank that holds 55 gallons or more of petroleum and is mostly above ground, with specific exceptions including tanks that are part of certain regulatory schemes or specific equipment like transformers with oil. It also defines roles and organizations such as the State Water Resources Control Board ('Board'), Certified Unified Program Agencies ('CUPAs'), and others tasked with implementing and enforcing regulations. Additionally, terms like 'storage capacity,' 'tank facility,' and 'petroleum' are clarified. Special conditions are laid out for tanks located in underground areas regarding their structure and inspection requirements.
The definitions make it clear who enforces these rules and what facilities and equipment are covered or exempt. For instance, pipes connected to storage tanks in certain conditions are also included under the definition of 'tank facility.' Exemptions include tanks regulated as underground storage tanks, certain farm tanks, and others with specified safety features.
The law offers detailed criteria for tanks in underground areas on secondary containment and leak detection, emphasizing safety measures and inspection protocols.
Section § 25270.3
This law states that a tank facility must comply with certain regulations if it falls under specific conditions. First, if the facility follows federal oil pollution prevention rules. Second, if the facility can store 1,320 gallons or more of petroleum. Finally, if it stores less than 1,320 gallons but has an underground tank as defined in another related statute, it still may need to comply. However, certain underground tanks, like those used for hydraulic systems, heating oil, or as part of stormwater systems, are exempt from these rules.
Section § 25270.4
This law says that the unified program agency is responsible for putting this chapter into action, according to the rules set by the office in another section, 25270.4.1.
Section § 25270.5
This law requires that every facility with storage tanks holding 10,000 gallons or more of petroleum must be inspected at least every three years to ensure compliance with spill prevention plans. However, an alternative inspection plan can be created if approved by relevant authorities.
Inspections do not need to be overseen by a professional engineer, but the inspector must have completed a specific training program focused on spill prevention and safety for aboveground storage tanks.
Section § 25270.6
This law requires owners or operators of tank facilities with large petroleum storage tanks to submit an annual statement to a statewide information system by January 1st. This statement must include detailed information about the facility and its storage capacities. If nothing has changed from the previous year, the same statement can be resubmitted. Alternatively, submitting a detailed business plan can fulfill this requirement.
Additionally, those who own or operate such facilities must annually pay a fee to a local agency responsible for overseeing the tank facilities. This fee helps cover the costs of inspections, enforcement, and administrative activities required to manage these facilities.
Section § 25270.8
If you own or run a tank facility and discover a spill or release of 42 gallons or more of petroleum, you must immediately call the Office of Emergency Services and the local Unified Program Agency (UPA) using their emergency number or 911. This reporting is required under certain conditions outlined in the Water Code.
Section § 25270.9
This law allows the board and the regional board to oversee or initiate cleanup efforts if there is a leak from a storage tank at a tank facility.
The costs incurred by these boards in managing or overseeing such cleanup efforts are charged to the tank facility's owner or operator, and these expenses are treated like a debt.
Money recovered from these expenses is added to the Waste Discharge Permit Fund and is used, with legislative approval, to support cleanup efforts related to water pollution by the boards and other agencies.
Section § 25270.4.1
This law requires a specific office to develop rules and offer guidance on implementing a certain chapter, working with local entities known as UPAs (Unified Program Agencies). They will set up an advisory committee including industry and government representatives to help with their duties.
The office is responsible for training these UPAs, ensuring their actions align with both state and federal laws, including any federal guidance on enforcement. It should also help UPAs in educating others about complying with relevant regulations.
Additionally, the rules should align with federal requirements for spill prevention and might add stricter measures if necessary to meet the chapter's goals.
Section § 25270.4.5
Owners or operators of storage tanks must prepare a plan to prevent and control petroleum spills, following specific federal guidelines. They also need to inspect tanks regularly to ensure compliance. Some facilities, like farms and construction sites, are not required to follow these guidelines if certain conditions are met, such as tanks not exceeding specified petroleum capacities.
Even exempt facilities must inspect tanks daily if they are active, though inspection frequency can be reduced if the facility isn't regularly staffed. Additionally, the local agency can also inspect these facilities and may require secondary containment to protect water sources.
For tanks in underground areas, owners can follow a different format for their spill prevention plans if specified under state law.
Section § 25270.12.1
This law states that if you own or operate a tank facility, you're required to follow specific procedures like preparing a spill prevention plan, filing necessary statements, paying fees, and reporting spills. If you don't comply, you could be fined up to $5,000 per day for a first offense and up to $10,000 per day for further offenses. The fines collected are used to support a unified program. Penalties can be enforced alongside other penalties, unless a civil penalty for the same issue has already been given. The enforcement processes are detailed in other sections of the law.
Section § 25270.12.5
If someone knowingly breaks specific environmental health and safety laws in California, even after being warned, they can be found guilty of a misdemeanor. However, this doesn't stop other criminal or civil penalties from being applied.