(a) Responsible parties for an underground storage tank shall comply with the requirements of this Section whenever there is any release reportable pursuant to Health and Safety Code § 25295.
(b) Responsible parties shall conduct investigations of any release, the release site and the surrounding area possibly affected by the release and take corrective action in compliance with the following requirements:
(1) All applicable waste discharge requirements or other order issued pursuant to Water Code §§ 13000 et seq.(Porter-Cologne Water Quality Control Act);
(2) All applicable State policies for water quality control adopted pursuant to Water Code §§ 13140 et seq.;
(3) All applicable water quality control plans adopted pursuant to Water Code §§ 13240 et seq.;
(4) All applicable requirements of Health and Safety Code §§ 25280 et seq., and the regulations of Code of Regulations §§ 2610 et seq. promulgated thereto; and
(5) All applicable requirements of Health and Safety Code §§ 25299.36 et seq. and §§ 25100 et seq., and Code of Regulations §§ 66001 et seq.
(c) Corrective action includes one or more of the following phases:
(1) Preliminary site assessment phase;
(2) Soil, air and water investigation phase;
(3) Corrective action plan implementation phase; and
(4) Verification monitoring phase.
(d) Responsible parties shall take or contract for interim remedial actions, as necessary, to abate or correct the actual or potential effects of a release. Interim remedial actions can occur concurrently with any phase of corrective action. Before taking interim remedial action, responsible parties shall notify the Division of the proposed action and shall comply with any requirements the Division sets. Interim remedial actions include, but are not limited to, the following:
(1) Removal of free product;
(2) Enhanced biodegradation to promote bacterial decomposition of contaminants;
(3) Excavation and disposal of contaminated soil;
(4) Vacuum extraction of contaminants from soil or groundwater; and
(5) Pumping and treatment of groundwater to remove dissolved contaminants.
(e) The responsible party shall submit a work plan to the Division prior to implementing any portions of its corrective action. The work plan shall include the proposed actions and a proposed schedule for their completion. The responsible party shall modify the work plan, as necessary, at the direction of the Division.
(f) Implementation of the work plan may begin no less than 60 calendar days after submittal, unless the responsible party is otherwise directed by the Division. At least five working days before beginning these activities, the responsible party or its representative shall:
(1) Notify the Division of the intent to initiate the proposed actions included in the work plan submitted; and
(2) Comply with any conditions set by the Division, including mitigation of adverse consequences from cleanup activities.
(g) The Preliminary Site Assessment Phase includes, at a minimum, initial site investigation, initial abatement actions and initial site characterization in accordance with Code of Regulations §§ 2652, 2653, and 2654 and any interim remedial actions taken in accordance with Subdivision (d) of this Section. Implementation of any of the interim remedial actions or any of the activities included in the preliminary site assessment shall constitute initiation of corrective action.
(h) The soil, air and water investigation phase includes the collection and analysis of data necessary to assess the nature, vertical and lateral extent of the release and to determine effective methods of cleanup. Using information obtained during the investigation, the responsible party shall propose a corrective action plan and submit it to the Division for review and concurrence. The responsible party is required to demonstrate to the Division that the corrective action plan will adequately protect human health and safety and the environment, and will restore or protect current or potential beneficial uses of water. The responsible party shall modify the corrective action plan in response to the directives of the Division.
(i) The corrective action plan implementation phase consists of carrying out the alternative selected during the soil, air and water investigation phase for remediation or mitigation of the actual or potential adverse effects of the release. Upon concurrence with the corrective action plan or as directed by the Division, the responsible party shall implement, monitor, evaluate and report the results of implementation of the corrective action plan on a schedule agreed to by the Division. The responsible party shall modify or suspend clean-up activities when directed to do so by the Division.
(j) The verification monitoring phase includes all activities required to verify implementation of the corrective action plan and evaluate its effectiveness. The responsible party shall verify completion of the corrective action plan through sampling or other monitoring of soil, air and/or water for such period of time and at intervals agreed to by the Division. Using the monitoring results obtained pursuant to this Subdivision and any other relevant data obtained pursuant to this Section, the responsible party shall evaluate the effectiveness of the site work.
(k) The responsible party shall submit monitoring data and an evaluation of the results of such monitoring in writing on a schedule and for a duration agreed to by the Division.
(Ord. 3846, passed - -2002)