UST Program - Leak Prevention - Frequently Asked Question #15

Question: Are Unified Program Agencies (UPAs) required to document that an underground storage tank (UST) owner/operator has demonstrated to the satisfaction of the UPA that a UST system has been properly closed by removal or closure-in-place?

Answer: Yes, UPAs must document that a UST owner/operator has demonstrated to the satisfaction of the UPA that a UST system has been properly closed by removal or closure-in-place in accordance with Health and Safety Code section 25298, subdivision (c) and UST Regulations, section 2672, which includes soil sampling and reporting any unauthorized release.

A UST owner/operator closing a UST must provide all UST closure documentation, including an analysis of closure soil samples, to the UPA, to demonstrate to the UPA that the UST has been properly closed in accordance with Health and Safety Code section 25298, subdivision (c) and UST Regulations, section 2672. The UPA is required to work with the UST owner/operator to ensure that all requirements for proper closure are completed timely and to the satisfaction of the UPA. The UST closure is not complete, and the UST owner/operator is not relieved of closure responsibilities, until the UPA grants approval of the closure (after closure is complete). Such approval must be in writing for the UST owner/operator to be able to demonstrate proper closure upon request.

It is necessary that an UPA provide written documentation that it has reviewed the UST closure documentation, and approved the UST closure as properly completed in accordance with Health and Safety Code section 25298, subdivision (c) and UST Regulations, section 2672 so that the State Water Resources Control Board (State Water Board) can carry out it’s responsibility for the UST element of the Unified Program. State Water Board responsibilities include participating in the maximizing coordination, consolidation, and consistency of UST statutes and regulations throughout the state, including evaluation of UPAs. (Cal. Code of Regs. Tit.27 section 15100, subds. (b)(2)(D) & (b)(2)(H).) Therefore, the State Water Board must be able to verify through review of documentation that the UPA is fulfilling all responsibilities under the statutes and regulations governing the UST Program, including those responsibilities related to proper closure of USTs.

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