Section 2641 - Monitoring Program Requirements(a) Owners or operators of existing underground storage tanks subject to this article shall implement a monitoring program which is capable of detecting an unauthorized release from any portion of the underground storage tank system at the earliest possible opportunity.(b) Underground piping shall be exempt from monitoring requirements if the local agency determines that the piping has been designed and constructed in accordance with section 2636(a)(3).(c) All underground piping that operates at less than atmospheric pressure, unless it is exempt from monitoring under subsection (b), shall comply with the monitoring requirements of section 2643(d) and shall also include daily monitoring as described in Appendix II.(d) All portions of the underground storage tank system shall be visually monitored in accordance with section 2642. A portion of the underground storage tank shall be exempt from visual monitoring if the owner demonstrates to the satisfaction of the local agency that one or more of the following conditions apply to that portion: (1) It is not accessible for direct viewing;(2) Visual inspection would be hazardous or would require the use of extraordinary personal protection equipment other than normal protective equipment such as steel-toed shoes, hard hat, or ear protection; or(3) The underground storage tank is located at a facility which is not staffed on a daily basis.(e) Non-visual monitoring shall be implemented for all portions of the underground storage tank which are exempt under subsection (d) and, for the underground storage tank, during periods when visual monitoring required under subsection (d) is not conducted. This non-visual monitoring shall include a quantitative release detection method as specified in section 2643 or a qualitative release detection method as specified in section 2644 or a combination of these methods as approved by the local agency.(f) Non-visual monitoring for underground pressurized piping shall include a quantitative release detection method that complies with the performance requirements in section 2643(c)(1).(g) The monitoring program shall be approved by the local agency and shall be in compliance with the requirements of this article and with the underground storage tank operating permit. The local agency may require additional monitoring methods specified in the operating permit or more frequent monitoring as necessary to satisfy the objective in subsection (a). In deciding whether to approve a proposed monitoring program, or to require additional methods or more frequent monitoring, the local agency shall consider the following factors: (1) The volume and physical and chemical characteristics of the hazardous substance(s) stored in the underground storage tank;(2) The compatibility of the stored hazardous substance(s) and any chemical reaction product(s) with the function of monitoring equipment or devices;(3) The reliability and consistency of the proposed monitoring equipment and systems under site-specific conditions;(4) The depth and quantity of ground water and the direction of ground water flow;(5) The patterns of precipitation in the region and any ground water recharge which occurs as a result of precipitation;(6) The existing quality of ground water in the area, including other sources of contamination and their cumulative impacts;(7) The current and potential future uses (e.g., domestic, municipal, agricultural, industrial supply) of ground water in the area;(8) The proximity and withdrawal rates of ground water users in the area;(9) The type, homogeneity, and range of moisture content of the backfill material and native soils and their probable effects on contaminant migration and detection;(10) The presence of contamination in the excavation zone or surrounding soils;(11) The proximity of the underground storage tank to surface waters; and(12) Additional hydrogeologic characteristics of the zone surrounding the underground storage tank.(h) The monitoring program shall include written monitoring procedures and a response plan as set forth in section 2632(d).(i) If the local agency does not approve the monitoring program, the owner or operator shall replace, repair, upgrade, or close the tank in accordance with the applicable provisions of this chapter and local agency approval.(j) Equipment and devices used to monitor underground storage tanks shall be installed, calibrated, operated, and maintained in accordance with section 2638.(k) When an unauthorized release is indicated during the installation of a release detection system, the owner or operator shall comply with the release reporting requirements of Article 5 and, if the release came from the existing tank, shall cease the installation process until the tank system is replaced, repaired, upgraded, or closed in accordance with the applicable provisions of this chapter.(l) When implementation of the monitoring program, or any condition, indicates that an unauthorized release may have occurred, the owner or operator shall comply with the release reporting requirements of Article 5 and shall replace, repair, or close the underground storage tank in accordance with the applicable provisions of this chapter.Cal. Code Regs. Tit. 23, § 2641
1. Editorial correction of printing errors in Tables 4.1 and 4.2 (Register 86, No. 23).
2. Change without regulatory effect of Table 4.1 (Register 86, No. 40).
3. Repealer and new section filed 8-9-91 as an emergency; operative 8-9-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Register 92, No. 14).
4. Editorial correction of printing errors in HISTORY 3 (Register 92, No. 43).
5. Amendment filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
6. Amendment of subsection (j) and amendment of NOTE filed 5-14-2001; operative 5-14-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 20).
7. Amendment of subsections (j) filed 4-8-2004; operative 5-8-2004 (Register 2004, No. 15). Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25283, 25284.1, 25291 and 25292, Health and Safety Code; 40 CFR 280.40 and 280.41.
1. Editorial correction of printing errors in Tables 4.1 and 4.2 (Register 86, No. 23).
2. Change without regulatory effect of Table 4.1 (Register 86, No. 40).
3. Repealer and new section filed 8-9-91 as an emergency; operative 8-9-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Register 92, No. 14).
4. Editorial correction of printing errors in History 3 (Register 92, No. 43).
5. Amendment filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
6. Amendment of subsection (j) and amendment of Note filed 5-14-2001; operative 5-14-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 20).
7. Amendment of subsections (j) filed 4-8-2004; operative 5-8-2004 (Register 2004, No. 15).