Underground storage tanks: tank case closure.

Existing law requires an owner, operator, or other responsible party to take corrective action in response to an unauthorized release of petroleum from an underground storage tank. Under existing law, the State Water Resources Control Board, a regional board, or a local agency may undertake or contract for corrective action in response to that unauthorized release. The State Water Resources Control Board is authorized to close, or to require the closure of, an underground storage tank case where an unauthorized release has occurred, if the board determines that the corrective action at the site complies with specified requirements. Existing law requires the manager of the Underground Storage Tank Cleanup Fund to annually review certain tank cases and authorizes the manager, with the approval of the tank owner or operator, to make a recommendation to the board for closure of a tank case. If the manager recommends closing a tank case, existing law requires the board to limit reimbursement of subsequently incurred corrective action costs to $10,000, except as specified. This bill would require the manager, upon a determination that closure of the tank case is appropriate based upon that review, to provide a review summary report to the applicable regional board and local agency and provide opportunity for comment. The bill would prohibit the regional board or local agency from issuing a corrective action directive or enforcing an existing corrective action directive for a tank case for which the manager has provided this review summary report, until the board issues a decision regarding the closure of the tank case, except as specified. The bill would specify that the $10,000 limit for corrective action costs after tank closure includes costs for groundwater monitoring. The bill would make a statement of legislative intent regarding the board's actions regarding these tank cases.