Cal. Code Regs. tit. 23 § 2715

Current through Register 2024 Notice Reg. No. 15, April 12, 2024
Section 2715 - Certification, Licensing, and Training Requirements for Underground Storage Tank Owners, Operators, Facility Employees, Installers, Service Technicians, and Inspectors
(a) Owners or operators of underground storage tank systems shall submit through the California Environmental Reporting System or a local reporting portal, a signed statement indicating that the owner or operator understands and is in compliance with all applicable underground storage tank requirements, and identifying the designated UST operator(s) for each facility owned or operated at all of the following times:
(1) Within 30 days of installing an underground storage tank system, the owner or operator shall submit all of the following:
(A) A signed "Underground Storage Tank Statement of Understanding and Compliance Form," located in Appendix X, indicating that the owner or operator understands and is in compliance with all applicable underground storage tank requirements; and
(B) A "Designated Underground Storage Tank Operator Identification Form," located in Appendix XI, identifying the designated UST operator(s) for the facility.
(2) The owner or operator shall submit a signed "Underground Storage Tank Statement of Understanding and Compliance Form," upon any change in the owner or operator which previously submitted the signed "Underground Storage Tank Statement of Understanding and Compliance Form," no later than 30 days after the change.
(3) The owner or operator shall submit a "Designated Underground Storage Tank Operator Identification Form" upon any change of designated UST operator(s) to the local agency no later than 30 days after the change.
(b) Designated UST operators shall possess a current certificate issued by the International Code Council (ICC) indicating that the individual has passed the California UST System Operator exam. The individual shall renew the ICC certification, by passing the California UST System Operator exam, every 24 months.
(c) The designated UST operator(s) shall train facility employees in the proper operation and maintenance of the underground storage tank system at least once every 12 months. For facility employees hired before October 13, 2018, the initial training shall be conducted within 30 days of the date of hire. For individuals assuming the duties of a facility employee on or after October 13, 2018, the initial training shall be conducted before the individual performs the duties of a facility employee.
(1) The training for facility employees must be conducted according to the following:
(A) The initial training of a facility employee shall be conducted through a site-specific practical demonstration that provides both sharing information and evaluating knowledge for responding to emergencies, leak detection monitoring alarms, spills, and overfills associated with operating the UST system and must include, but is not limited to, the following:
(i) The operation of the underground storage tank system in a manner consistent with the facility's best management practices.
(ii) The facility employee's role with regard to the monitoring equipment as specified in the facility's monitoring plan.
(iii) The facility employee's role with regard to spills and overfills as specified in the facility's response plan.
(iv) The name of the contact person(s) for emergencies and monitoring equipment alarms.
(B) After the initial training of a facility employee, site-specific training must include, but is not limited to, the following:
(i) The operation of the underground storage tank system in a manner consistent with the facility's best management practices.
(ii) The facility employee's role with regard to the monitoring equipment as specified in the facility's monitoring plan.
(iii) The facility employee's role with regard to spills and overfills as specified in the facility's response plan.
(iv) The name of the contact person(s) for emergencies and monitoring equipment alarms.
(2) At least one of the facility employees present during operating hours shall have current training in accordance with paragraph (1) above. For facilities that are not routinely staffed, the designated UST operator shall implement a facility employee training program approved by the local agency.
(3) A list of facility employees who have been trained by the designated UST operator(s), shall be maintained on-site or off-site at a readily available location, if approved by the local agency. The list shall be provided to the local agency upon request. The list shall include the dates of training for all facility employees, and the hiring dates for all facility employees hired on or after July 1, 2005.
(4) Notwithstanding paragraph (3) above, on and after October 1, 2018, upon completion of the facility employee training, the designated UST operator(s) shall provide a signed "Facility Employee Training Certificate," located in Appendix XII, to the owner or operator for facility employees that have received training. The certificates shall be maintained on-site or off-site at a readily accessible location, if approved by the local agency, and provided to the local agency upon request. The "Facility Employee Training Certificate" satisfies the requirements in paragraph (3), above.
(d) Any person(s) installing underground storage tank systems or components shall be certified or licensed by the Contractors State License Board.
(e) Any individual(s) installing underground storage tank system components shall meet the following requirements, or work under the direct and personal supervision of an individual physically present at the work site who meets the following requirements:
(1) The individual has been adequately trained as evidenced by a certificate of training issued by the manufacturer(s) of the underground storage tank system components. This certification shall be renewed by completion of manufacturer's refresher training at the time interval recommended by the manufacturer, or every 36 months, whichever is shorter.
(2) The individual shall possess a current underground storage tank system installer certificate from the International Code Council (ICC), indicating that the individual has passed the ICC UST Installation/Retrofitting exam. The individual shall renew the ICC certification, by passing the ICC UST Installation/Retrofitting exam, every 24 months.
(f) Any individual performing the work of a service technician must meet all of the following requirements:
(1) Possess or be employed by a person who possesses a current Class "A" General Engineering Contractor License, C-10 Electrical Contractor License, C-34 Pipeline Contractor License, C-36 Plumbing Contractor License, or a C-61 (D40) Limited Specialty Service Station Equipment and Maintenance Contractor License issued by the Contractors State License Board, as applicable. Individuals who possess a tank testing license issued by the State Water Resources Control Board satisfy the licensing requirement of this paragraph.
(2) Be trained and certified by the manufacturer of the equipment as follows:
(A) For service technicians conducting secondary containment testing pursuant to section 2637, this training and certification may be obtained through the manufacturer of the secondary containment system being tested or through the developer of the testing equipment or test method being used in accordance with section 2637(c).
(B) For service technicians performing work on monitoring equipment, training and certification shall be obtained from the manufacturer of the monitoring equipment.
(C) On and after October 1, 2018, for service technicians conducting spill container testing pursuant to section 2637.1, this training and certification may be obtained through the manufacturer of the spill container being tested or through the developer of the testing equipment or test method being used in accordance with section 2637.1(b).
(D) For service technicians conducting overfill prevention equipment inspections pursuant to section 2637.2, this training and certification may be obtained through the manufacturer of the overfill prevention equipment being inspected or through the developer of the inspection method being used, in accordance with 2637.2(b).
(E) In the event that no training or certification exists that would satisfy the criteria of subparagraph (A), (B), (C), or (D) above, the local agency may approve comparable alternate training or certification.
(3) Renew all training and certifications issued by the manufacturer, through completion of a manufacturer's refresher course, at the time interval recommended by the manufacturer, or every 36 months, whichever is shorter.
(4) Service technicians shall possess or work under the direct and personal supervision of an individual physically present at the work site who possesses a current certificate from the International Code Council (ICC), indicating the individual has passed the California UST Service Technician exam. The individual shall renew the ICC certification, by passing the California UST Service Technician exam, every 24 months.
(g) Local agency inspectors or special inspectors conducting underground storage tank inspections must meet the following requirements:
(1) Possess a current inspector certificate issued by the International Code Council (ICC), indicating the individual has passed the ICC California UST Inspector exam. Local agency inspectors are subject to this requirement 180 days from the date of hire.
(2) Renew the California inspector certificate at least once every 24 months, by either passing the ICC California UST Inspector exam or satisfying equivalent criteria as approved by the Division of Water Quality Underground Storage Tank Program Manager.

Cal. Code Regs. Tit. 23, § 2715

1. New section filed 4-8-2004; operative 5-8-2004 (Register 2004, No. 15).
2. Redesignation and amendment of portions of former subsection (a) as new subsections (a)(1) and (a)(3), new subsection (a)(2), amendment of subsection (c)(6) and amendment of NOTE filed 10-13-2016; operative 1-1-2017 (Register 2016, No. 42).
3. Amendment of section heading, section and NOTE filed 8-27-2018; operative 10-1-2018 (Register 2018, No. 35).

Note: Authority cited: Section 25299.3, Health and Safety Code. Reference: Sections 25281, 25284.1 and 25404, Health and Safety Code; and 40 CFR §§ 280.20, 280.22, 280.34, 280.40, 280.42, 280.242, 280.243 and 280.245.

1. New section filed 4-8-2004; operative 5-8-2004 (Register 2004, No. 15).
2. Redesignation and amendment of portions of former subsection (a) as new subsections (a)(1) and (a)(3), new subsection (a)(2), amendment of subsection (c)(6) and amendment of Note filed 10-13-2016; operative 1/1/2017 (Register 2016, No. 42).
3. Amendment of section heading, section and Note filed 8-27-2018; operative 10/1/2018 (Register 2018, No. 35).