Hazardous substances.

(1) The Aboveground Petroleum Storage Act generally regulates aboveground storage tanks that contain petroleum and that meet certain requirements. The act defines an "aboveground storage tank" as a tank that has the capacity to store 55 gallons or more of petroleum and that is substantially or totally above the surface of the ground or is a tank in an underground area, as defined, except for certain types of tanks and vessels. A tank containing hazardous waste or extremely hazardous waste is not regulated pursuant to the act if the Department of Toxic Substances Control has issued a hazardous waste facilities permit for the tank to the person owning or operating the tank. The act defines "tank in an underground area" to mean a storage tank that meets certain specifications and requirements, including that the storage tank is located in a structure that is at least 10% below the ground surface, as specified. This bill would revise the definition of "aboveground storage tank" to include a container that meets those same specifications. The bill would revise the definition of "tank in an underground area" to mean a stationary storage tank that meets those same specifications and requirements, and would make other revisions to that definition. The act provides that a tank facility is subject to the act if the tank facility meets one of 3 descriptions, including if it has a storage capacity of less than 1,320 gallons of petroleum and has one or more tanks in an underground area meeting specified conditions. The act requires the owner or operator of a storage tank at a tank facility subject to the act to prepare a spill prevention control and countermeasure plan and to implement the plan in compliance with a specified federal law. This bill would authorize the owner or operator of a tank in an underground area that meets that description to use the format adopted by the Office of the State Fire Marshal to prepare the spill prevention control and countermeasure plan. The bill would provide that a tank in an underground area that would otherwise be subject to the act because it meets that description is not subject to the act if it holds hydraulic fluid for a closed loop mechanical system that uses compressed air or hydraulic fluid to operate lifts, elevators, or other similar devices, if it is a heating oil tank, or if the tank is a sump, separator, clarifier, catch basin, or storm drain. (2) Existing law defines the term "underground storage tank" for purposes of the provisions regulating the storage of hazardous substances in underground storage tanks, and excludes certain tanks from that definition. Existing law exempts from the requirements imposed upon underground storage tanks a tank located in a below-grade structure that is connected to an emergency generator tank system and meets specified conditions. Existing law defines the term "emergency generator tank system" for purposes of these provisions to mean an underground storage tank system that provides power supply in the event of a commercial power failure, stores diesel fuel, and is used solely in connection with an emergency system, legally required standby system, or optional standby system. This bill would expand the term "emergency generator tank system" to additionally include an underground storage tank system that provides power supply in the event of a commercial power failure, stores kerosene, and is used solely in connection with those specified systems. Existing law authorizes a local agency, upon the discovery of a significant violation of any provision regulating the storage of hazardous substances in underground storage tanks that poses an imminent threat to human health or safety or the environment, to affix a red tag, in plain view, to the fill pipe of the noncompliant underground storage tank system to provide notice that delivery of petroleum into the system is prohibited. Existing law authorizes a local agency, upon the discovery of a significant violation of any provision regulating the storage of hazardous substances in underground storage tanks, to issue a notice of significant violation to the owner or operator. This bill would additionally authorize the State Water Resources Control Board, in consultation with a local agency, to affix a red tag and to issue a notice of significant violation pursuant to these provisions. The bill would additionally authorize the board or a local agency to issue a written directive to a noncompliant underground storage tank owner or operator to empty the noncompliant underground storage tank, as specified. The bill would additionally prohibit a person from delivering hazardous substances into, or from inputting into or withdrawing from, an underground storage tank that has a red tag affixed to its fill pipe, except to empty the tank. Existing law prohibits a local agency from issuing or renewing a permit to operate an underground storage tank if the local agency inspects the tank and determines that the tank does not comply with the provision regulating the storage of hazardous substances in underground storage tanks. This bill would instead prohibit a local agency from issuing or renewing a permit to operate an underground storage tank to a person operating an underground storage tank to which a red tag is currently affixed or to a facility that is currently subject to an enforcement action, as specified, unless the underlying violations that are the subject of that enforcement action have been corrected or otherwise resolved, as specified. The bill would authorize a local agency to issue a permit or renew a permit for a facility while that facility is subject to an enforcement action, if the facility is appealing, petitioning, or otherwise seeking reconsideration of the enforcement action. Existing law requires owners or operators of underground storage tanks to furnish, under penalty of perjury, specified information as the local agency, regional water quality control board, or the State Water Resources Control Board may require. This bill would expand the scope of the information that any of those entities may require to be provided and would expand to all persons the obligation to furnish the required information under penalty of perjury. Because this provision would expand the scope of a crime, the bill would impose a state-mandated local program. (3) Existing law requires the immediate report of any release or threatened release of a hazardous material, defined pursuant to the laws regulating the response to the release of hazardous materials, to the unified program agency and to the Office of Emergency Services. This bill would additionally require the immediate report of an actual release of a hazardous substance, defined pursuant to the laws imposing criminal liability for certain deposits of hazardous substances, as specified. To the extent this provision would increase the duties of unified program agencies, the bill would impose a state-mandated local program. (4) 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 specified reasons.