STATE WATER RESOURCES CONTROL BOARD MEETING

SACRAMENTO, CALIFORNIA

February 20, 1997

ITEM: 1

SUBJECT: RESOLUTION ADOPTING A UNIFORM CLOSURE LETTER FOR UNDERGROUND STORAGE TANK RELEASE SITES

DISCUSSION: Recent passage of Senate Bill 562 (Chapter 611, Statutes of 1996) has amended existing laws pertaining to underground storage tanks (USTs). Section 25299.37(h), was added to the Health and Safety Code and directs the State Water Resources Control Board (Board) to adopt a uniform closure letter by March 1, 1997. The content of the uniform closure letter is specified in the statute.

This requirement had arisen from the concerns expressed by responsible parties who are seeking consistency in the content of closure letters currently issued by overseeing agencies, i.e. regional water quality control boards (regional boards) and local implementing agencies .

Current regulations require the regulatory agency to send written notification to a responsible party stating that no further action is required upon completion of corrective action (Section 2721(e), Chapter 16, Title 23, Division 3, California Code of Regulations). The new legislative provision requires that this written notification take the same form for all UST release sites.

POLICY ISSUE: Shall the Board adopt the uniform closure letter, contained in HSC Section 25299.37(h), as directed by the statute?

REGIONAL BOARD IMPACT: All Regional Boards will be required to use the uniform closure letter.

FISCAL IMPACT:None.

STAFF RECOMMENDATION: The Board should adopt the uniform closure letter as specifiied in HSC Section 25299.37(h).


STATE WATER RESOURCES CONTROL BOARD

RESOLUTION NO. 97-

ADOPTION OF A UNIFORM CLOSURE LETTER FOR

UNDERGROUND STORAGE TANK RELEASE SITES

PURSUANT TO SECTION 25299.37(h) OF THE

HEALTH AND SAFETY CODE

WHEREAS:

  1. Recent passage of Senate Bill [Chapter 611, Health and Safety Code (HSC)] directs the State Water Resources Control Board to adopt a specified uniform closure letter by March 1, 1997.
  2. This requirement has arisen from the concerns expressed by responsible parties who are seeking consistency in the content of closure letters currently issued by regional water quality control boards and local implementing agencies (regulatory agencies).
  3. Current regulations require the regulatory agency to send written notification to a responsible party that no further action is required upon completion of corrective action [Section 2721(e), Chapter 16, Title 23, Division 3, CCR].
  4. The following uniform closure letter is set forth in HSC Section 25299.37(h):

[Case file number]

Dear [Responsible Party]

This letter confirms the completion of a site investigation and remedial action for the underground storage tank(s) formerly located at the above described location. Thank you for your cooperation throughout this investigation. Your willingness and promptness in responding to our inquires concerning the former underground storage tank(s) are greatly appreciated.

Based on the information in the above-referenced file and with the provision that the information provided to this agency was accurate and representative of site conditions, no further action related to the underground tank release is required.

This notice is issued pursuant to a regulation contained in Section 2721(e) of Title 23 of the California Code of Regulations.

Please contact our office if you have any questions regarding this matter.

Sincerely,

[Name of Regional Board Executive Officer or Local Agency Director]

THEREFORE BE IT RESOLVED:

That the State Water Resources Control adopt the uniform closure letter specified in Health and Safety Code Section 25299.37(h) and direct the Division of Clean Water Programs to notify regional boards and local agencies to begin use of this letter by March 1, 1997.

CERTIFICATION

The undersigned, Administrative Assistant to the Board, does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on February 20, 1997.

______________________________

Maureen Marché

Administrative Assistant to the Board