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Underground Storage Tank Enforcement

Most underground storage tank (UST) owners and operators voluntarily comply with applicable laws and regulations; however some do not comply due to lack of information, neglect or deliberate intent.

The State Water Resources Control Board (State Water Board) created the Underground Storage Tank (UST) Enforcement Unit to support enforcement of the UST Leak Prevention and Cleanup Programs, primarily by investigating violations of UST construction, monitoring, and cleanup requirements. These include violations such as: failure to monitor tanks and/or piping, failure to perform required testing, and tampering with leak detection devices. For UST leak prevention matters which, by statute, there is no administrative enforcement available, the State Water Board will refer enforcement matters to the Office of the Attorney General or local prosecutors for action.

The UST Enforcement Unit also supports enforcement of the California Tank Tester Licensing Program by enforcing the tank tester licensing requirements. These requirements are designed to ensure that certain types of tests on UST systems are performed only by qualified individuals. The State Water Board can take administrative enforcement action against licensed tank testers. There are approximately 87 licensed tank testers in California.

The UST Enforcement Unit works closely and develops partnerships with various local, state and federal agencies to conduct inspections, review data, and assist in or lead statewide UST investigations to achieve compliance of USTs and minimize threats to water quality and the environment.

More information on the Underground Storage Tank Program or Underground Storage Tank Cleanup Fund

GOT Program

The 2005 Federal Energy Act required a one-time report of the compliance status at government owned and/or operated underground storage tank (GOT) facilities throughout the nation. In August 2007, the State Water Board reported 415 non-compliant GOT facilities to the United States Environmental Protection Agency (USEPA). After a fuel release from USTs at a publicly owned facility in San Francisco, USEPA and the State Water Board’s Office of Enforcement (OE) began working together to conduct inspections at GOT facilities. Violations identified at these GOT facilities suggested a disparate rate of compliance with UST laws and regulations between publicly and privately owned and operated UST facilities. In December 2009, OE began the GOT program with assistance provided from USEPA.

The purpose of the GOT program is to gain compliance with state and federal laws at UST facilities owned and/or operated by government agencies by conducting file reviews, performing site inspections, and taking enforcement actions when appropriate. Since 2010, 2,050 facility files have been obtained and 1,733 facility files have been reviewed. In addition, 469 facilities have been inspected in 57 Certified Unified Program Agency (CUPA) jurisdictions.

Enforcement Actions

Publications

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Regulatory Agency Links

Contact Information

Ms. Amantha Henkel, UST Enforcement Supervisor
amantha.henkel@waterboards.ca.gov