Section 5100.9 - Incident Investigation(a) The owner or operator shall investigate each incident which resulted in, or could reasonably have resulted in, a catastrophic release of a regulated substance.(b) An incident investigation shall be initiated as promptly as possible, but not later than 48 hours following the incident.(c) An incident investigation team shall be established and consist of at least one person knowledgeable in the process involved, including a contract employee if the incident involved work of the contractor, and other persons with appropriate knowledge and experience to thoroughly investigate and analyze the incident.(d) A report shall be prepared at the conclusion of the investigation which includes at a minimum: (1) Date the investigation began;(2) A description of the incident, including all of the data required under 5080.9(b); and,(3) Recommendations resulting from the investigation.(e) The owner or operator shall establish a system to promptly address and resolve the incident report findings and recommendations. The owner or operator shall enter into an agreement with the AA on a timetable for resolution of these findings and recommendations. Otherwise these resolutions shall be completed no later than one and one-half (1.5) years after the completion of the incident investigation, or two (2) years after the date of the incident, whichever is the earlier of the two dates, or the next planned turnaround for those items requiring a turnaround. Resolutions and corrective actions with actual completion dates shall be documented.(f) The report shall be reviewed with all affected personnel whose job tasks are relevant to the incident findings including contract employees where applicable.(g) Incident investigation reports shall be retained for five years.Cal. Code Regs. Tit. 19, § 5100.9
Note: Authority cited: Sections 25531 and 25534.05, Health and Safety Code. Reference: Section 25531, Health and Safety Code; and Section 68.81, Part 68, Title 40, Code of Federal Regulations.
1. Change without regulatory effect renumbering section 2760.9 to new section 5100.9, including amendment of subsection (d)(2), filed 3-6-2024 (Register 2024, No. 10).