Section § 25270

Explanation

This section specifies the name of this chapter of the law, which is the Aboveground Petroleum Storage Act.

This chapter shall be known and may be cited as the Aboveground Petroleum Storage Act.

Section § 25270.12

Explanation

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.

(a)CA Health and Safety Code § 25270.12(a) An owner or operator of a tank facility who fails to prepare a spill prevention control and countermeasure plan in compliance with subdivision (a) of Section 25270.4.5, to file a tank facility statement pursuant to subdivision (a) of Section 25270.6, to submit the fee required by subdivision (b) of Section 25270.6, or to report spills as required by Section 25270.8, or who otherwise fails to comply with the requirements of this chapter, is subject to a civil penalty of not more than five thousand dollars ($5,000) for each day on which the violation continues. If the owner or operator commits a second or subsequent violation, a civil penalty of not more than ten thousand dollars ($10,000) for each day on which the violation continues may be imposed.
(b)Copy CA Health and Safety Code § 25270.12(b)
(1)Copy CA Health and Safety Code § 25270.12(b)(1) The civil penalties provided by this section may be assessed and recovered in a civil action brought by the city attorney, county counsel, or district attorney on behalf of the UPA.
(2)CA Health and Safety Code § 25270.12(b)(2) Fifty percent of all penalties assessed and recovered in a civil action brought on behalf of a UPA pursuant to this subdivision shall be deposited into a unified program account established by the UPA for the purpose of carrying out the functions of the unified program and 50 percent shall be paid to the office of the city attorney, county counsel, or district attorney, whoever brought that action.
(c)Copy CA Health and Safety Code § 25270.12(c)
(1)Copy CA Health and Safety Code § 25270.12(c)(1) The civil penalties provided in this section may be assessed and recovered in a civil action brought by the Attorney General on behalf of the office, the board, or a regional board, or on behalf of the people of the State of California.
(2)CA Health and Safety Code § 25270.12(c)(2) All penalties assessed and recovered in a civil action brought pursuant to this subdivision shall be deposited in the Waste Discharge Permit Fund created pursuant to Section 13260 of the Water Code. These moneys shall be separately accounted for, and shall be expended by the board, upon appropriation by the Legislature, to assist regional boards and other public agencies with authority to clean up waste or abate the effects of the waste, in cleaning up or abating the effects of the waste on waters of the state, or for the same purposes for which the State Water Pollution Cleanup and Abatement Account may be expended pursuant to Section 13443 of the Water Code.
(d)CA Health and Safety Code § 25270.12(d) The city attorney, county counsel, district attorney, or the Attorney General may seek to enjoin, in any court of competent jurisdiction, any person believed to be in violation of this chapter.
(e)CA Health and Safety Code § 25270.12(e) If a county counsel or the district attorney brings an action pursuant to this section, the county counsel or the district attorney shall, within seven days of the filing of the action, notify the district attorney or county counsel, as applicable, of the county in which the violation occurs or occurred.
(f)CA Health and Safety Code § 25270.12(f) The penalties specified in this section are in addition to any other penalties provided by law.

Section § 25270.13

Explanation

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.

(a)CA Health and Safety Code § 25270.13(a) This chapter does not preempt local storage tank ordinances, in effect as of August 16, 1989, that meet or exceed the standards prescribed by this chapter.
(b)CA Health and Safety Code § 25270.13(b) This chapter does not preempt the authority granted to the board and the regional boards under the Porter Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the Water Code).

Section § 25270.2

Explanation

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.

For purposes of this chapter, the following definitions apply:
(a)CA Health and Safety Code § 25270.2(a) “Aboveground storage tank” or “storage tank” means a tank or container that has the capacity to store 55 gallons or more of petroleum that is substantially or totally above the surface of the ground, except that, for purposes of this chapter, “aboveground storage tank” or “storage tank” includes a tank in an underground area. “Aboveground storage tank” does not include any of the following:
(1)CA Health and Safety Code § 25270.2(a)(1) A pressure vessel or boiler that is subject to Part 6 (commencing with Section 7620) of Division 5 of the Labor Code.
(2)CA Health and Safety Code § 25270.2(a)(2) A tank containing hazardous waste or extremely hazardous waste, as respectively defined in Sections 25117 and 25115, if the owner or operator of the storage tank has a hazardous waste facilities permit from the Department of Toxic Substances Control or a permit by rule authorization from the unified program agency for the storage tank.
(3)CA Health and Safety Code § 25270.2(a)(3) An aboveground oil production tank that is subject to Section 3106 of the Public Resources Code.
(4)CA Health and Safety Code § 25270.2(a)(4) Oil-filled electrical equipment, including, but not limited to, transformers, circuit breakers, or capacitors, if the oil-filled electrical equipment meets either of the following conditions:
(A)CA Health and Safety Code § 25270.2(a)(4)(A) The equipment contains less than 10,000 gallons of dielectric fluid.
(B)CA Health and Safety Code § 25270.2(a)(4)(B) The equipment contains 10,000 gallons or more of dielectric fluid with PCB levels less than 50 parts per million, appropriate containment or diversionary structures or equipment are employed to prevent discharged oil from reaching a navigable water course, and the electrical equipment is visually inspected in accordance with the usual routine maintenance procedures of the owner or operator.
(5)CA Health and Safety Code § 25270.2(a)(5) A tank regulated as an underground storage tank under Chapter 6.7 (commencing with Section 25280) of this division and Chapter 16 (commencing with Section 2610) of Division 3 of Title 23 of the California Code of Regulations and that does not meet the definition of a tank in an underground area.
(6)CA Health and Safety Code § 25270.2(a)(6) A transportation-related tank facility, subject to the authority and control of the United States Department of Transportation, as defined in the Memorandum of Understanding between the Secretary of Transportation and the Administrator of the United States Environmental Protection Agency, as set forth in Appendix A to Part 112 (commencing with Section 112.1) of Subchapter D of Chapter I of Title 40 of the Code of Federal Regulations.
(7)CA Health and Safety Code § 25270.2(a)(7) A tank or tank facility located on and operated by a farm that is exempt from the federal spill prevention, control, and countermeasure rule requirements pursuant to Part 112 (commencing with Section 112.1) of Subchapter D of Chapter I of Title 40 of the Code of Federal Regulations.
(8)CA Health and Safety Code § 25270.2(a)(8) A tank in an underground area that has the capacity to store less than 55 gallons of petroleum, has secondary containment, and is inspected monthly, if the owner or operator maintains a log of inspection records for review by the unified program agency upon request.
(b)CA Health and Safety Code § 25270.2(b) “Board” means the State Water Resources Control Board.
(c)Copy CA Health and Safety Code § 25270.2(c)
(1)Copy CA Health and Safety Code § 25270.2(c)(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)CA Health and Safety Code § 25270.2(c)(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 and enforce the unified program element specified in paragraph (2) of subdivision (c) of Section 25404, in accordance with Sections 25404.1 and 25404.2.
(3)Copy CA Health and Safety Code § 25270.2(c)(3)
(A)Copy CA Health and Safety Code § 25270.2(c)(3)(A) “Unified program agency” or “UPA” means the CUPA, or its participating agencies to the extent that each PA has been designated by the CUPA, pursuant to a written agreement, to implement and enforce the unified program element specified in paragraph (2) of subdivision (c) of Section 25404. The UPAs have the responsibility and authority, to the extent provided by this chapter and Sections 25404.1 to 25404.2, inclusive, to implement and enforce the requirements of this chapter.
(B)CA Health and Safety Code § 25270.2(c)(3)(A)(B) After a CUPA has been certified by the secretary, the unified program agency shall be the only agency authorized to enforce the requirements of this chapter.
(C)CA Health and Safety Code § 25270.2(c)(3)(A)(C) This paragraph does not limit the authority or responsibility granted to the office, the board, and the regional boards by this chapter.
(d)CA Health and Safety Code § 25270.2(d) “Office” means the Office of the State Fire Marshal.
(e)CA Health and Safety Code § 25270.2(e) “Operator” means the person responsible for the overall operation of a tank facility.
(f)CA Health and Safety Code § 25270.2(f) “Owner” means the person who owns the tank facility or part of the tank facility.
(g)CA Health and Safety Code § 25270.2(g) “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 University of California, the California State University, the state, any department or agency thereof, and the United States, to the extent authorized by federal law.
(h)CA Health and Safety Code § 25270.2(h) “Petroleum” means crude oil, or a fraction thereof, that is liquid at 60 degrees Fahrenheit temperature and 14.7 pounds per square inch absolute pressure.
(i)CA Health and Safety Code § 25270.2(i) “Regional board” means a California regional water quality control board.
(j)CA Health and Safety Code § 25270.2(j) “Release” means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, escaping, leaching, or disposing into the environment.
(k)CA Health and Safety Code § 25270.2(k) “Secretary” means the Secretary for Environmental Protection.
(l)CA Health and Safety Code § 25270.2(l) “Storage” or “store” means the containment, handling, or treatment of petroleum, for a period of time, including on a temporary basis.
(m)CA Health and Safety Code § 25270.2(m) “Storage capacity” means the aggregate capacity of all aboveground storage tanks at a tank facility.
(n)CA Health and Safety Code § 25270.2(n) “Tank facility” means one or more aboveground storage tanks, including any piping that is integral to the tanks, that contain petroleum and that are used by an owner or operator at a single location or site. For purposes of this chapter, a pipe is integrally related to an aboveground storage tank if the pipe is connected to the tank and meets any of the following:
(1)CA Health and Safety Code § 25270.2(n)(1) The pipe is within the dike or containment area.
(2)CA Health and Safety Code § 25270.2(n)(2) The pipe is between the containment area and the first flange or valve outside the containment area.
(3)CA Health and Safety Code § 25270.2(n)(3) The pipe is connected to the first flange or valve on the exterior of the tank, if state or federal law does not require a containment area.
(4)CA Health and Safety Code § 25270.2(n)(4) The pipe is connected to a tank in an underground area.
(o)Copy CA Health and Safety Code § 25270.2(o)
(1)Copy CA Health and Safety Code § 25270.2(o)(1) “Tank in an underground area” means a stationary storage tank to which all of the following apply:
(A)CA Health and Safety Code § 25270.2(o)(1)(A) The storage tank is located in a structure that is at least 10 percent below the ground surface, including, but not limited to, a basement, cellar, shaft, pit, or vault.
(B)CA Health and Safety Code § 25270.2(o)(1)(B) The structure in which the storage tank is located, at a minimum, provides for secondary containment of the contents of the tank, piping, and ancillary equipment, until cleanup occurs. A shop-fabricated double-walled storage tank with a mechanical or electronic device used to detect leaks in the interstitial space meets the requirement for secondary containment of the contents of the tank.
(C)CA Health and Safety Code § 25270.2(o)(1)(C) The storage tank meets one or more of the following conditions:
(i)CA Health and Safety Code § 25270.2(o)(1)(C)(i) The storage tank contains petroleum to be used or previously used as a lubricant or coolant in a motor engine or transmission, oil-filled operational equipment, or oil-filled manufacturing equipment, is situated on or above the surface of the floor, and the structure in which the tank is located provides enough space for direct viewing of the exterior of the tank except for the part of the tank in contact with the surface of the floor.
(ii)CA Health and Safety Code § 25270.2(o)(1)(C)(ii) The storage tank only contains petroleum that is determined to be a hazardous waste, complies with the hazardous waste tank standards pursuant to Article 10 (commencing with Section 66265.190) of Chapter 15 of Division 4.5 of Title 22 of the California Code of Regulations as it may be amended, and the tank facility has been issued a unified program facility permit pursuant to Section 25404.2 for generation, treatment, accumulation, or storage of hazardous waste.
(iii)CA Health and Safety Code § 25270.2(o)(1)(C)(iii) The storage tank contains petroleum and is used solely in connection with a fire pump or an emergency system, legally required standby system, or optional standby system as defined in the most recent version of the California Electrical Code (Section 700.2 of Article 700, Section 701.2 of Article 701, and Section 702.2 of Article 702, of Chapter 7 of Part 3 of Title 24 of the California Code of Regulations), is situated on or above the surface of the floor, and the structure in which the tank is located provides enough space for direct viewing of the exterior of the tank except for the part of the tank in contact with the surface of the floor.
(iv)CA Health and Safety Code § 25270.2(o)(1)(C)(iv) The storage tank does not meet the conditions in clause (i), (ii), or (iii), but meets all of the following conditions:
(I)CA Health and Safety Code § 25270.2(o)(1)(C)(iv)(I) It contains petroleum.
(II) It is situated on or above the surface of the floor.
(III) The structure in which the storage tank is located provides enough space for direct viewing of the exterior of the tank, except for the part of the tank in contact with the surface of the floor.
(IV) Except for an emergency vent that is solely designed to relieve excessive internal pressure, all piping connected to the tank, including any portion of a vent line, vapor recovery line, or fill pipe that is beneath the surface of the ground, and all ancillary equipment that is designed and constructed to contain petroleum, can either be visually inspected by direct viewing or has both secondary containment and leak detection that meet the requirements of the regulations adopted by the office pursuant to Section 25270.4.1.
(2)CA Health and Safety Code § 25270.2(o)(2) Direct viewing of the exterior of the tank is not required under paragraph (1) if inspections of the interstitial space or containment structure are performed or if the storage tank has a mechanical or electronic device that will detect leaks in the interstitial space or containment structure and alert the tank operator.
(3)Copy CA Health and Safety Code § 25270.2(o)(3)
(A)Copy CA Health and Safety Code § 25270.2(o)(3)(A) A storage tank in an underground area is not subject to Chapter 6.7 (commencing with Section 25280) if the storage tank meets the definition of a tank in an underground area, as provided in paragraph (1) and, except as specified in subparagraph (B), the regulations that apply to all new and existing tanks in underground areas and buried piping connected to tanks in underground areas have been adopted by the office pursuant to Section 25270.4.1.
(B)CA Health and Safety Code § 25270.2(o)(3)(A)(B) A storage tank meeting the description of clause (i) of subparagraph (C) of paragraph (1) shall continue to be subject to this chapter, and excluded from the definition of an underground storage tank in Chapter 6.7 (commencing with Section 25280), before and after the date the regulations specific to tanks in underground areas have been adopted by the office.
(p)CA Health and Safety Code § 25270.2(p) “Viewing” means visual inspection, and “direct viewing” means, in regard to a storage tank, direct visual inspection of the exterior of the tank, except for the part of the tank in contact with the surface of the floor, and, where applicable, the entire length of all piping and ancillary equipment, including all exterior surfaces, by a person or through the use of visual aids, including, but not limited to, mirrors, cameras, or video equipment.

Section § 25270.3

Explanation

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.

A tank facility is subject to this chapter if any of the following apply:
(a)CA Health and Safety Code § 25270.3(a) The tank facility is subject to the oil pollution prevention regulations specified in Part 112 (commencing with Section 112.1) of Subchapter D of Chapter I of Title 40 of the Code of Federal Regulations.
(b)CA Health and Safety Code § 25270.3(b) The tank facility has a storage capacity of 1,320 gallons or more of petroleum.
(c)Copy CA Health and Safety Code § 25270.3(c)
(1)Copy CA Health and Safety Code § 25270.3(c)(1) Except as provided in paragraph (3), the tank facility has a storage capacity of less than 1,320 gallons of petroleum and has one or more tanks in an underground area meeting the conditions specified in paragraph (1) of subdivision (o) of Section 25270.2.
(2)CA Health and Safety Code § 25270.3(c)(2) If a tank facility is subject to this chapter only pursuant to this subdivision, only those tanks that meet the conditions specified in paragraph (1) of subdivision (o) of Section 25270.2 shall be included as storage tanks and subject to this chapter.
(3)CA Health and Safety Code § 25270.3(c)(3) A tank in an underground area that would otherwise be subject to this chapter only pursuant to this subdivision is not subject to this chapter if any of the following apply:
(A)CA Health and Safety Code § 25270.3(c)(3)(A) The tank holds hydraulic fluid for a closed loop mechanical system that uses compressed air or hydraulic fluid to operate lifts, elevators, or other similar devices.
(B)CA Health and Safety Code § 25270.3(c)(3)(B) The tank is a heating oil tank.
(C)CA Health and Safety Code § 25270.3(c)(3)(C) The tank is a sump, separator, clarifier, catch basin, or storm drain.

Section § 25270.4

Explanation

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.

This chapter shall be implemented by the unified program agency, in accordance with the regulations adopted by the office pursuant to Section 25270.4.1.

Section § 25270.5

Explanation

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.

(a)CA Health and Safety Code § 25270.5(a) Except as provided in subdivision (b), at least once every three years, the UPA shall inspect each storage tank or a representative sampling of the storage tanks at each tank facility that has a storage capacity of 10,000 gallons or more of petroleum. The purpose of the inspection shall be to determine whether the owner or operator is in compliance with the spill prevention control and countermeasure plan requirements of this chapter.
(b)CA Health and Safety Code § 25270.5(b) The UPA may develop an alternative inspection and compliance plan, subject to approval by the secretary and the office.
(c)CA Health and Safety Code § 25270.5(c) An inspection conducted pursuant to this section does not require the oversight of a professional engineer. The person conducting the inspection shall complete and pass the initial aboveground storage tank inspector training program. The curriculum of the aboveground storage tank inspector training program shall focus on the spill prevention control and countermeasure plan provisions and safety requirements for aboveground storage tank inspections.

Section § 25270.6

Explanation

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.

(a)Copy CA Health and Safety Code § 25270.6(a)
(1)Copy CA Health and Safety Code § 25270.6(a)(1) On or before January 1, annually, each owner or operator of a tank facility subject to this chapter shall file with the statewide information management system, a tank facility statement that shall identify the name and address of the tank facility, a contact person for the tank facility, the total petroleum storage capacity of the tank facility, and the location and contents of each petroleum storage tank that exceeds 10,000 gallons in storage capacity. A copy of a statement submitted previously pursuant to this section may be submitted in lieu of a new tank facility statement if no new or used storage tanks have been added to the facility or if no significant modifications have been made. For purposes of this section, a significant modification includes, but is not limited to, altering existing storage tanks or changing spill prevention or containment methods.
(2)CA Health and Safety Code § 25270.6(a)(2) Notwithstanding paragraph (1), an owner or operator of a tank facility that submits a business plan, as defined in subdivision (d) of Section 25501, to the statewide information management system and that complies with Sections 25503, 25505, 25505.1, 25507, 25507.2, 25508, 25508.1, and 25508.2, satisfies the requirement in paragraph (1) to file a tank facility statement.
(b)CA Health and Safety Code § 25270.6(b) Each owner or operator of a tank facility who is subject to the requirements of subdivision (a) shall annually pay a fee to the UPA, on or before a date specified by the UPA. The governing body of the UPA shall establish a fee, as part of the single fee system implemented pursuant to Section 25404.5, at a level sufficient to pay the necessary and reasonable costs incurred by the UPA in administering this chapter, including, but not limited to, inspections, enforcement, and administrative costs. The UPA shall also implement the fee accountability program established pursuant to subdivision (c) of Section 25404.5 and the regulations adopted to implement that program.

Section § 25270.8

Explanation

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.

Each owner or operator of a tank facility shall immediately, upon discovery, notify the Office of Emergency Services and the UPA using the appropriate 24-hour emergency number or the 911 number, as established by the UPA, or by the governing body of the UPA, of the occurrence of a spill or other release of one barrel (42 gallons) or more of petroleum that is required to be reported pursuant to subdivision (a) of Section 13272 of the Water Code.

Section § 25270.9

Explanation

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.

(a)CA Health and Safety Code § 25270.9(a) The board and the regional board may oversee cleanup or abatement efforts, or cause cleanup or abatement efforts, of a release from a storage tank at a tank facility.
(b)CA Health and Safety Code § 25270.9(b) The reasonable expenses of the board and the regional board incurred in overseeing, or contracting for, cleanup or abatement efforts that result from a release at a tank facility is a charge against the owner or operator of the tank facility. Expenses reimbursable to a public agency under this section are a debt of the tank facility owner or operator, and shall be collected in the same manner as in the case of an obligation under a contract, express or implied.
(c)CA Health and Safety Code § 25270.9(c) Expenses recovered by the board or a regional board pursuant to this section shall be deposited into the Waste Discharge Permit Fund. These moneys shall be separately accounted for, and shall be expended by the board, upon appropriation by the Legislature, to assist regional boards and other public agencies with authority to clean up waste or abate the effects of the waste, in cleaning up or abating the effects of the waste on waters of the state, or for the purposes authorized in Section 13443 of the Water Code.

Section § 25270.4.1

Explanation

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.

(a)CA Health and Safety Code § 25270.4.1(a) The office shall adopt regulations implementing this chapter. The office shall also provide interpretation of this chapter to the UPAs, and oversee the implementation of this chapter by the UPAs.
(b)CA Health and Safety Code § 25270.4.1(b) The office shall establish an advisory committee that includes representatives from regulated entities, appropriate trade associations, fire service organizations, federal, state, and local organizations, including UPAs, and other interested parties. The advisory committee shall act in an advisory capacity to the office in conducting its responsibilities.
(c)CA Health and Safety Code § 25270.4.1(c) The office shall, in addition to any other requirements imposed pursuant to this chapter, train UPAs, ensure consistency with state law, to the maximum extent feasible, ensure consistency with federal enforcement guidance issued by federal agencies pursuant to subdivision (d), and support the UPAs in providing outreach to regulated persons regarding compliance with current local, state, and federal regulations relevant to the office’s obligations under this chapter.
(d)CA Health and Safety Code § 25270.4.1(d) Any regulation adopted by the office pursuant to this section shall ensure consistency with the requirements for spill prevention, control, and countermeasure plans under Part 112 (commencing with Section 112.1) of Subchapter D of Chapter I of Title 40 of the Code of Federal Regulations, and shall include any more stringent requirements necessary to implement this chapter.

Section § 25270.4.5

Explanation

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.

(a)CA Health and Safety Code § 25270.4.5(a) Except as provided in subdivision (b), the owner or operator of a storage tank at a tank facility subject to this chapter shall prepare a spill prevention control and countermeasure plan applying good engineering practices to prevent petroleum releases using the same format required by Part 112 (commencing with Section 112.1) of Subchapter D of Chapter I of Title 40 of the Code of Federal Regulations, including owners and operators of tank facilities not subject to the general provisions in Section 112.1 of those regulations. An owner or operator specified in this subdivision shall conduct periodic inspections of the storage tank to ensure compliance with Part 112 (commencing with Section 112.1) of Subchapter D of Chapter I of Title 40 of the Code of Federal Regulations. In implementing the spill prevention control and countermeasure plan, an owner or operator specified in this subdivision shall fully comply with the latest version of the regulations contained in Part 112 (commencing with Section 112.1) of Subchapter D of Chapter I of Title 40 of the Code of Federal Regulations.
(b)CA Health and Safety Code § 25270.4.5(b) A tank facility located on and operated by a farm, nursery, logging site, or construction site is not subject to subdivision (a) if no storage tank at the location exceeds 20,000 gallons of petroleum and the cumulative petroleum storage capacity of the tank facility does not exceed 100,000 gallons. Unless excluded from the definition of an “aboveground storage tank” in Section 25270.2, the owner or operator of a tank facility exempt pursuant to this subdivision shall take the following actions:
(1)CA Health and Safety Code § 25270.4.5(b)(1) Conduct a daily visual inspection of any storage tank storing petroleum. For purposes of this section, “daily” means every day that contents are added to or withdrawn from the tank, but no less than five days per week. The number of days may be reduced by the number of state or federal holidays that occur during the week if there is no addition to, or withdrawal from, the tank on the holiday. The UPA may reduce the frequency of inspections to not less than once every three days at a tank facility that is exempt pursuant to this section if the tank facility is not staffed on a regular basis, provided that the inspection is performed every day the facility is staffed.
(2)CA Health and Safety Code § 25270.4.5(b)(2) Allow the UPA to conduct a periodic inspection of the tank facility.
(3)CA Health and Safety Code § 25270.4.5(b)(3) If the UPA determines installation of secondary containment is necessary for the protection of the waters of the state, install a secondary means of containment for each tank or group of tanks where the secondary containment will, at a minimum, contain the entire contents of the largest tank protected by the secondary containment plus precipitation.
(c)CA Health and Safety Code § 25270.4.5(c) The owner or operator of a tank in an underground area that is subject to this chapter pursuant to subdivision (c) of Section 25270.3 may use the format adopted by the office to prepare a spill prevention control and countermeasure plan as specified in subdivision (a).

Section § 25270.12.1

Explanation

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.

(a)CA Health and Safety Code § 25270.12.1(a) Any owner or operator of a tank facility who fails to prepare a spill prevention control and countermeasure plan in compliance with subdivision (a) of Section 25270.4.5, to file a tank facility statement pursuant to subdivision (a) of Section 25270.6, to submit the fee required by subdivision (b) of Section 25270.6, or to report spills as required by Section 25270.8, or who otherwise fails to comply with the requirements of this chapter is liable to the UPA for an administrative penalty of not more than five thousand dollars ($5,000) for each day on which the violation continues. If the owner or operator commits a second or subsequent violation, an administrative penalty of not more than ten thousand dollars ($10,000) for each day on which the violation continues may be imposed.
(b)CA Health and Safety Code § 25270.12.1(b) The administrative penalties assessed by a UPA shall be deposited into a unified program account established by the UPA for the purpose of carrying out the functions of the unified program.
(c)CA Health and Safety Code § 25270.12.1(c) When a UPA issues an enforcement order or assesses an administrative penalty, or both, for a violation of this chapter, the administering agency shall utilize the administrative enforcement procedures specified in Sections 25404.1.1 and 25404.1.2.
(d)CA Health and Safety Code § 25270.12.1(d) The administrative penalties specified in this section are in addition to any other penalties provided by law, except for a violation for which a civil penalty under Section 25270.12 has already been imposed for the same violation.

Section § 25270.12.5

Explanation

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.

(a)CA Health and Safety Code § 25270.12.5(a) A person who knowingly violates Section 25270.4.5, 25270.6, or 25270.8 after reasonable notice of the violation is, upon conviction, guilty of a misdemeanor.
(b)CA Health and Safety Code § 25270.12.5(b) This section does not preempt any other applicable criminal or civil penalties.