California Health and Safety Code 25292.3 – (a) Upon the discovery of a significant violation of any …
(a) Upon the discovery of a significant violation of any requirement in this chapter, or any regulation adopted pursuant to this chapter, that poses an imminent threat to human health or safety or the environment, the local agency or the board may take either of the following actions:
(1) Affix a red tag, in plain view, to the fill pipe of the noncompliant underground storage tank system, providing notice that the prohibitions specified in subdivision (c) apply.
Terms Used In California Health and Safety Code 25292.3
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Health and Safety Code 19
(2) (A) Affix a red tag, as provided in paragraph (1), and issue a written directive to the noncompliant underground storage tank system owner or operator to empty the noncompliant underground storage tank system.
(B) An owner or operator issued a written directive pursuant to subparagraph (A) shall comply with the directive as soon as possible, but no later than 48 hours after receiving the directive.
(b) Upon the discovery of a significant violation of any requirement in this chapter or of any regulation adopted pursuant to this chapter, the local agency or the board may issue a notice of significant violation to the owner or operator. If the board issues a notice of significant violation, the board shall provide a copy of the notice to the local agency no later than two working days after the notice is issued to the owner or operator. The owner or operator who receives a notice of significant violation shall, within seven days from receipt of the notice, correct the violation to the satisfaction of the local agency or the board. If the owner or operator does not correct the violation within seven days, the local agency or the board may affix a red tag to the fill pipe of the noncompliant underground storage tank system and may additionally issue a written directive to empty the noncompliant underground storage tank, as described in paragraphs (1) and (2) of subdivision (a).
(c) (1) (A) A person shall not deliver a hazardous substance into an underground storage tank system that has a red tag affixed to its fill pipe.
(B) A person shall not deposit petroleum into an underground storage tank system that has a red tag affixed to its fill pipe.
(C) A person shall not input into or withdraw from an underground storage tank system that has a red tag affixed to its fill pipe, except to empty the underground storage tank pursuant to a directive issued in accordance with subparagraph (A) of paragraph (2) of subdivision (a).
(2) A person shall not remove, deface, alter, or otherwise tamper with a red tag so that the information contained on the tag is not legible.
(d) Any action taken by the board pursuant to subdivision (a) or (b) shall be taken in consultation with the local agency.
(e) Upon notification by the owner or operator that the significant violation has been corrected, the local agency or the board shall inspect the noncompliant underground storage tank system within five days to determine whether the underground storage tank system continues to be in significant violation. If the local agency or the board determines that the underground storage tank system is no longer in significant violation, the local agency or the board shall immediately remove the red tag and release the owner or operator from any directive requiring the underground storage tank to be kept empty.
(f) The board shall adopt regulations to define significant violations for purposes of this section.
(Amended by Stats. 2018, Ch. 721, Sec. 7. (AB 2902) Effective January 1, 2019.)