Section 1612 - Overview of Enforcement(a) These regulations shall be applied by the UPA in a manner that is consistent with the HSC Chapter 6.67 and the Code of Federal Regulations, Title 40, Part 112.(b) The UPA is authorized to review the SPCC Plan and ensure plan implementation for compliance with the Code of Federal Regulations, Title 40, Part 112, HSC Chapter 6.67, and these regulations.(c) The UPA is not authorized to evaluate the provisions and recommendations contained in an SPCC Plan independent from the provisions of the Code of Federal Regulations, Title 40, Part 112, HSC Chapter 6.67, and these regulations.(d) The failure of any owner or operator of a tank facility to prepare an SPCC Plan shall not be classified as a minor violation.(e) The UPA may pursue formal enforcement for any owner or operator of a tank facility who receives a non-minor violation or who fails to correct minor violations within 30 days.(f) The UPA shall pursue formal enforcement, as defined in CCR Title 27, Section 15110(e), to obtain compliance from any owner or operator of a tank facility with a violation that remains open or uncorrected for more than six years or after two APSA routine inspection cycles, whichever is less.(g) An inspection report shall be provided to the tank facility owner or operator or authorized representative not more than 30-calendar days after the conclusion of the inspection. This 30-calendar day timeline may be extended in the case of a state of emergency as declared by a local government body or the Governor, for any jurisdictions directly impacted and jurisdictions providing mutual aid, the report may be delayed until the incident has stabilized and the UPA has returned to regular service.Cal. Code Regs. Tit. 19, § 1612
Note: Authority cited: Section 25270.4.1, Health and Safety Code. Reference: Sections 25270.2 and 25270.4, Health and Safety Code.
1. New section filed 12-17-2024; operative 12/17/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 51).