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UST Program - Available Local Guidance (LG) Letters

UST Program - Local Guidance (LG) 124


LG 124 - APPLICABILITY OF THE TITLE 23 CHAPTER 15 REGULATIONS
TO THE UNDERGROUND STORAGE TANK  PROGRAM
 

September 18, 1992

To: Local Agencies

This letter transmits a legal opinion on the applicability of the Title 23 California Code of Regulations, Chapter 15 "Discharges of Waste to Land" to the UST program. These regulations apply to the disposal of wastes to land in accordance with the Porter Cologne Water Quality Control Act. The opinion states that on site remediation in the immediate vicinity of the UST leak is exempt from these regulations.

If contamination is discovered and corrective action does not begin immediately, the site does not have to comply with Chapter 15 if corrective action takes place in the immediate vicinity of the leak, unless the corrective action alternative selected is the no action alternative. If the no action alternative is selected, then the responsible party must demonstrate compliance with Chapter 15, to the extent feasible, before the regulatory agency can approve the selection of this alternative.

If you have any questions, contact us.

Sincerely,

[Original signed by:]


Mike McDonald, Manager
Underground Storage Tank Section

Enclosure


[Enclosure]

Memorandum
 

To:  Mike McDonald, Manager
       Underground Storage Tank Section

 From :  Craig M. Wilson
             Assistant Chief Counsel
             OFFICE OF THE CHIEF COUNSEL
             STATE WATER RESOURCES CONTROL BOARD
             901 P Street, Sacramento, CA 95814
             Mail Code: G 8

Date: August 4, 1992

Subject: REQUEST FOR LEGAL OPINION ON TlLE APPLICABILITY OF THE TITLE 23, CHAPTER 15 REGULATIONS TO THE UNDERGROUND STORAGE TANK (UST) PROGRAM

In your memo of July 23, 1992, you requested a legal opinion regarding the interpretation of the word "immediate" found in Section 2511(d) of Chapter 15. In particular, you ask whether Chapter 15 applies to on site remediation at an UST leak site.

Section 2511 lists activities that are exempt from Chapter 15.  Subsection (d) deals with cleanup actions taken by or at the direction of public agencies. It contains a proviso that Chapter 15 applies to materials removed from the immediate place of release. The key words of (d) for purposes of answering your question are "immediate" and "removed". Neither word is defined in Chapter 15. The rulemaking file contains no information regarding the issue.

Absent a regulatory definition or explanatory material, it is appropriate to consult the dictionary definitions of the words in question. The American Heritage Dictionary (Second Collece Edition) defines the words as follows:

    * immediate: close at hand; near;
    * remove:  to convey from one place to another.

Based on these definitions and given the overall context of Section 2511(d), it follows that the exemption applies so long as the materials in question remain nearby the place of release and are not conveyed to another place. For example, soils that are excavated at a site in the process of tank removal and placed nearby would be covered by the exemption
 


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