Bringing Legislation to Light.

The time for action is now for California’s Underground Storage Tank (UST) owners and operators as the State Water Resources Control Board’s deadline for permanently closing single-walled tanks approaches. With approximately 2,000 UST systems in need of closure or modification to meet coming regulations by December 31, 2025, understanding Senate Bill 445’s implications is crucial for compliance and avoiding enforcement actions.

Is My District’s Tank Affected?

The affected audience comprises public districts in California that own or operate single-walled underground storage tanks. These districts are responsible for ensuring compliance with the state’s regulations regarding USTs, including the requirement for permanent closure by December 31, 2025. Failure to adhere to these regulations could result in enforcement actions, penalties, and operational disruptions for the districts. Hence, it is imperative for public districts to take proactive steps to comply with the impending deadline and avoid potential consequences.

So… We have a single walled UST – What now?

This concise guide outlines essential steps for district managers overseeing single-walled underground storage tanks in California. From assessing compliance to coordinating closure efforts and staying informed, following these actions and recommendations from legal counsel diligently ensures timely adherence to regulatory requirements and mitigates potential risks for public districts.

Assess Compliance: Determine if your UST system meets California’s regulations.

Understand Closure Options: Learn about removal or closure-in-place procedures.

Contact UPA: Seek guidance from your local Unified Program Agency (UPA).

Schedule Soil Sampling: Arrange for soil testing with a licensed UST contractor.

Budget and Plan: Allocate resources and account for lead times.

Communicate Internally: Inform relevant staff about compliance efforts.

Monitor Deadlines: Stay aware of the December 31, 2025 closure deadline.

Document Compliance: Keep thorough records of all actions taken.

Review with Legal Counsel: as always, consult with your legal counsel to ensure your compliance and protection.

Seal it, Don’t Dig: The Efficiency of Closure-in-Place for UST Compliance

Closure-in-place is a method of permanently sealing a single-walled UST without removing it from the ground. This involves thoroughly cleaning and sealing the tank to prevent future leaks or contamination. Prior approval from the Unified Program Agency (UPA) is required, and compliance with regulatory guidelines outlined in the California Code of Regulations is essential. This approach offers an efficient option for UST owners seeking to meet closure requirements.

Digging Deeper: The Importance of Soil Sampling in UST Closure Compliance

Soil sampling is a critical step in UST closure compliance, involving the collection and analysis of soil samples to detect potential contamination. Conducted by licensed contractors, this ensures environmental safety standards are met before finalizing closure. Yes, soil sampling is typically necessary even for “closure in place” of USTs.

Pennies Saved, Fines Averted: Budgeting for UST Compliance

Budgeting for compliance with UST closure regulations is a proactive measure that can save district managers from hefty fines and penalties. By allocating funds for closure activities such as soil sampling, tank removal or closure-in-place procedures, and any necessary equipment or contractor fees, districts can ensure timely compliance and avoid the financial repercussions of non-compliance. While upfront costs may seem significant, they pale in comparison to the potential civil penalties ranging from $500 to $5,000 per day per violation for failing to meet the closure deadline. By budgeting for compliance, districts not only protect themselves from financial liabilities but also demonstrate their commitment to environmental responsibility and public safety.

“There is funding available – Replacing, Removing, or Upgrading Underground Storage Tanks (RUST) grants and loans are available to assist small business Underground Storage Tank (UST) owners and operators to come into compliance with UST regulatory requirements by removing, replacing, or upgrading USTs.

Typical eligible costs are removing and replacing single-walled USTs and/or piping with double-walled USTs and/or piping, UST upgrades including installing containment sumps, under-dispenser containment boxes/pans, and electronic monitoring systems, and conducting enhanced leak detection tests.” (State Water Resources Control Board)

In Closing

The deadline for permanently closing single-walled USTs in California necessitates proactive action from UST owners, operators, and district managers. Understanding the regulatory requirements outlined in Senate Bill 445 and diligently following compliance measures outlined in this guide is crucial to avoid penalties and operational disruptions. By embracing closure-in-place options, prioritizing soil sampling, and budgeting for compliance, districts can navigate the UST closure process efficiently while demonstrating their commitment to environmental stewardship and public safety.

Resources Used

https://www.waterboards.ca.gov/ust/single_walled.html

www.waterboards.ca.gov/ust/docs/2023/upa-sw-enforcement-2023.pdf

https://www.waterboards.ca.gov/ust/regulatory/docs/hsc_6_7_01_2019.pdf