Cal. Code Regs. tit. 23 § 2716

Current through Register 2024 Notice Reg. No. 17, April 26, 2024
Section 2716 - Designated Ust Operator Visual Inspection
(a) On and after October 1, 2018, all underground storage tank systems shall have a visual inspection performed by a designated UST operator at least once every 30 days in accordance with all subdivisions below.
(b) The designated UST operator visual inspection shall identify compliance issues which cause the underground storage tank system to be out of compliance with this chapter and include, but not be limited to, all of the following:
(1) Review of the previous "Designated Underground Storage Tank Operator Visual Inspection Report" to verify each compliance issue identified by the designated UST operator during the previous visual inspection required by subdivision (a) above, has a documented action taken in response;
(2) Review of the release detection alarm history since the previous visual inspection required by subdivision (a) above, to verify that each alarm condition was documented and responded to appropriately;
(3) Review of the testing and maintenance records for the underground storage tank system to verify that all required testing and maintenance have been complete;
(4) Review of the facility employee training records to verify that all facility employees have been trained in accordance with section 2715(c);
(5) Inspect the spill container for damage and for the presence of any hazardous substance, water, or debris;
(6) Inspect the fill pipe for obstructions;
(7) Inspect the fill cap to verify it is securely on the fill pipe;
(8) Inspect under-dispenser containment areas for damage and for the presence of any hazardous substance, water, or debris and check that the monitoring equipment in these areas is located in the proper position to detect a release at the earliest possible opportunity; and
(9) Inspect containment sumps that have had an alarm since the previous visual inspection required by subdivision (a) above, for which there is no record of a service technician visit. Inspect the containment sumps for damage and for the presence of any hazardous substance, water, or debris and check that the monitoring equipment in these containment sumps is located in the proper position to detect a release at the earliest possible opportunity.
(c) The results of the designated UST operator(s) visual inspection shall be recorded on the "Designated Underground Storage Tank Operator Visual Inspection Report" located in Appendix XIII. The report shall include, but not be limited to, all of the following:
(1) A copy of documentation demonstrating action taken in response to each compliance issue identified by the designated UST operator during the previous visual inspection required by subdivision (a) above;
(2) A list of each compliance issue identified by the designated UST operator during the previous visual inspection, required by subdivision (a) above, for which there is no record of action taken to correct;
(3) A copy of the alarm history since the previous visual inspection required by subdivision (a) above;
(4) A copy of documentation demonstrating action taken in response to each alarm since the previous visual inspection required by subdivision (a) above;
(5) A list of each alarm since the previous visual inspection, required by subdivision (a) above, for which there is no documentation of the alarm condition and action taken in response;
(6) A list of each area inspected and whether each area inspected is acceptable or needs follow-up action taken; and
(7) A list of the dates for all required testing and maintenance that has occurred.
(d) Within 48 hours of the completion of the designated UST operator visual inspection required by subdivision (a) above, the designated UST operator shall sign and provide the owner or operator with a copy of the "Designated Underground Storage Tank Operator Visual Inspection Report."
(e) Within 72 hours of being provided a signed copy of the "Designated Underground Storage Tank Operator Visual Inspection Report," the owner or operator shall:
(1) Provide a description of each corrective action taken or to be taken for any compliance issues discovered during the inspection on the copy of the "Designated Underground Storage Tank Operator Visual Inspection Report" signed by the designated UST operator; and
(2) Sign and date the report, acknowledging the results of the inspection.
(f) Owners or operators shall maintain a copy of the monthly inspection records of inspections performed before October 1, 2018 and all attachments for 12 months. On and after October 1, 2018, copies of the "Designated Underground Storage Tank Operator Visual Inspection Report" and all attachments shall be maintained for 36 months. The records shall be maintained on-site or, if approved by the local agency, off-site at a readily accessible location.

Cal. Code Regs. Tit. 23, § 2716

1. New section filed 8-27-2018; operative 10-1-2018 (Register 2018, No. 35).
2. Amendment of subsections (b)(2), (b)(8)-(9) and (e) and new subsections (e)(1)-(2) filed 8-27-2020; operative 10-1-2020 (Register 2020, No. 35). Filing deadline specified in Government Code section 11349.3(a) extended 60 days pursuant to Executive Order N-40-20 and an additional 60 days pursuant to Executive Order N-66-20.

Note: Authority cited: Section 25299.3, Health and Safety Code. Reference: Sections 25281, 25284.1 and 25404, Health and Safety Code; and 40 CFR § 280.36.

1. New section filed 8-27-2018; operative 10/1/2018 (Register 2018, No. 35).
2. Amendment of subsections (b)(2), (b)(8)-(9) and (e) and new subsections (e)(1)-(2) filed 8-27-2020; operative 10/1/2020 (Register 2020, No. 35). Filing deadline specified in Government Code section 11349.3(a) extended 60 days pursuant to Executive Order N-40-20 and an additional 60 days pursuant to Executive Order N-66-20.