AB 626: Underground storage tanks: design and construction requirements: exemption.

Existing law provides for the regulation of underground storage tanks by the State Water Resources Control Board. Existing law requires underground storage tanks that are used to store hazardous substances and that are installed after January 1, 1984, to meet certain requirements, including that the primary containment be product tight and that the tanks secondary containment meet specified standards. Existing law provides that single-walled containers do not fulfill the requirement of an underground storage tank (UST) providing both a primary and a secondary containment, except under a specified circumstance. Existing law imposes various monitoring, inspection, replacement, and upgrading requirements on USTs installed on or before January 1, 1984, and used for the storage of hazardous substances. Existing law requires, by December 31, 2025, the owner or operator of a UST to permanently close that UST if the UST meets specified conditions.

This bill would exempt an operator from the tank closure requirement, described above, if the operator of a single-walled UST is acting in good faith to comply with the requirement to upgrade to a double-walled UST by December 31, 2025, and the operator meets specified conditions. The bill would require an operator seeking this exemption to submit a written request to the local enforcement agency, and would require the local enforcement agency to review the request and issue a determination within 60 days of receipt. By imposing additional duties on local officers, the bill would impose a state-mandated local program.

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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.