Section 2672 - Permanent Closure Requirements(a) Owners or operators of underground storage tanks subject to permanent closure shall comply with either subdivision (b) below for underground storage tank removal or subdivision (c) below for closure in place. It is not essential that all portions of an underground storage tank be permanently closed in the same manner; however, all closure actions shall be conducted in accordance with this section. Subdivisions (d) and (e) below apply to all underground storage tanks subject to permanent closure.(b) Owners or operators of underground storage tanks subject to permanent closure shall comply with applicable provisions of Chapter 6.5 of Division 20 of the Health and Safety Code and with the following requirements: (1) All residual liquid, solids, or sludges shall be removed and handled as hazardous wastes or recyclable materials in accordance with Chapter 6.5 of the Health and Safety Code.(2) If the underground storage tank contained a hazardous substance that could produce flammable vapors at standard temperature and pressure, it shall be inerted to levels that shall preclude explosion or to lower levels as required by the local agency.(3) When an underground storage tank or any part thereof is disposed of, the owner or operator shall document to the local agency that proper disposal has been completed. This documentation shall be submitted within the time frame specified by the local agency.(4) An owner or operator of an underground storage tank or any part thereof that is destined for a specific reuse shall advise the local agency, within the time frame specified by that agency, of: (A) The name of the new owner and new operator of the underground storage tank;(B) The location of intended use; and(C) The nature of intended use.(c) Owners or operators of underground storage tanks subject to permanent closure where the tanks are approved to be closed in place shall comply with the applicable provisions of Chapters 6.5 and 6.7 of Division 20 of the Health and Safety Code and with the following requirements: (1) All residual liquid, solids, or sludges shall be removed and handled as a hazardous waste or recyclable materials in accordance with Chapters 6.5 and 6.7 of the Health and Safety Code.(2) If the underground storage tank contained a hazardous substance that could produce flammable vapors at standard temperature and pressure, it shall be inerted to levels that shall preclude explosion or to lower levels as may be required by the local agency.(3) All piping associated with the underground storage tank shall be removed and disposed of unless removal might damage structures or other pipes that are being used and that are contained in a common trench, in which case the piping to be closed shall be emptied of all contents and capped.(4) The underground storage tank, except for piping that is closed in accordance with subdivision (3) above, shall be completely filled with an inert solid, unless the owner intends to use the underground storage tank for the storage of a nonhazardous substance which is compatible with the previous use and construction of the underground storage tank.(d) The owner or operator of an underground storage tank being closed pursuant to this section shall demonstrate to the satisfaction of the local agency that an unauthorized release has not occurred. This demonstration shall be based on soil sample analysis and/or water analysis if water is present in the excavation. This analysis shall be performed during or immediately after closure activities. If the demonstration is based on soil sample analysis, soil samples shall be taken and analyzed as follows: (1) If the underground storage tank or any portion thereof is removed, soil samples shall be taken immediately beneath the removed portions of the tank, a minimum of two feet into native material at each end of the tank in accordance with section 2649. A separate sample shall be taken for each 20 linear-feet of trench for piping.(2) If the underground storage tank or any portion thereof is not removed, at least one boring shall be taken as close as possible to the midpoint beneath the tank using a slant boring (mechanical or manual), or other appropriate method such as vertical borings drilled on each long dimensional side of the tank as approved by the local agency.(3) Soils shall be analyzed in accordance with section 2649 for all constituents of the previously stored hazardous substances and their breakdown or transformation products. The local agency may waive the requirement for analysis of all constituents, breakdown or transformation products when key constituents that pose a significant threat to water quality or the environment can be identified for analysis.(e) The detection of any reportable unauthorized release shall require compliance with the applicable requirements of Articles 5 and 11.(f) On and after October 1, 2018, owners or operators of an underground storage tank that is closed pursuant to this section shall maintain the analytical results of all soil and groundwater samples for at least 36 months after the underground storage tank system is properly closed.Cal. Code Regs. Tit. 23, § 2672
1. Amendment 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).
2. Editorial correction of printing errors in HISTORY 1 (Register 92, No. 43).
3. Amendment of section and NOTE filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
4. Amendment of subsections (a), (c)(4) and (d), new subsection (f) and amendment of NOTE filed 8-27-2018; operative 10-1-2018 (Register 2018, No. 35). Note: Authority cited: Sections 25299.3, 25299.7 and 25299.77, Health and Safety Code. Reference: Sections 25298 and 25299.37, Health and Safety Code; and 40 CFR §§ 280.34, 280.60, 280.61, 280.62, 280.63, 280.64, 280.65, 280.66, 280.67, 280.71, 280.73, 280.74 and 281.36.
1. Amendment 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).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment of section and Note filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
4. Amendment of subsections (a), (c)(4) and (d), new subsection (f) and amendment of Note filed 8-27-2018; operative 10/1/2018 (Register 2018, No. 35).