UST Program - Local Guidance (LG) 154

Date: August 31, 1998

To: Local Agencies

The question has been raised whether local agencies have the authority to revoke upgrade compliance certificates issued in error or as a result of incorrect information received from a tank owner or operator. We have researched the issue and determined that local agencies may terminate operating permits, which include upgrade compliance certificates, under authority of Section 25295(a)(2) Health and Safety Code (H&SC).

Section 25295(a)(2) states that the local agency must review an operating permit whenever it determines that the underground tank system is unsafe and then make a determination whether to modify or “terminate” the permit. Non-upgraded tanks that continue to operate after the deadline will be presumed to be unsafe and subject to permit termination.

Although no provisions were included in Assembly Bill 1491 (Chapter 808, Cunneen, stats of 1997) for revoking upgrade compliance certificates by themselves, the language of the bill clearly states that an upgrade certificate is part of an operating permit. Therefore, if a local agency takes enforcement action against an operating permit under the provisions of Section 25295(a)(2) H&SC, the upgrade certificate is included in the action.

Local agencies should use the same procedures they currently use to take enforcement action against an operating permit. The information in this letter is provided as a reference. Those agencies unsure of the correct procedures should contact their local counsel for further direction.

If you have any questions, contact us.

Sincerely,
 

[Original signed by:]

Allan Patton, Manager
Underground Storage Tank Program