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UST Program - Available Local Guidance (LG) Letters

UST Program - Local Guidance (LG) 50


LG-50 - PROPOSITION 65 DISCLOSURE

January 29, 1987

To: Local Agencies

Pursuant to Section 25180.7 of the Health and Safety Code (H&SC), enacted as Proposition 65, the State Water Resources Control Board (State Board) is required to disclose information on all underground storage tank leaks to the local Board of Supervisors and the county health officer (CHO).  Although the law only requires reporting illegal discharges that pose a significant threat to human health or safety, our attorneys have advised us to treat all underground storage tank leak cases as reportable unless we are sure that they do not pose a significant threat.  Because our initial information on underground storace tank leaks is usually sketchy, we are treating all underground storage tank leaks as subject to Section 25180.7.

This disclosure requirement also applies to other public agencies which receive this information and have "designated government employees" on their staff (see Government Code Section 82019 for definition).  Because of the nature of our Underground Storage Tank Unauthorized Release (Leak)/Contaminatior.  Site Report (leak reporting form), which promotes simultaneous notification of the local implementing agency, the State Board, the Regional Water Quality Control Board (Regional Board), and the Department of Health Services (DHS), there is likely to be redundant disclosure of underground storage tank leaks to local officials under this new requirement.

Our legal counsel advises us that we may rely on another person's statement that disclosure under H&S Section 25180.7 has been effected, if that person is a 'designated government employee" working for a public agency.  Consequently, we propose to revise our leak reporting form and procedure as follows:

  1. A block would be included for the designated employee to attest that a report has been made (see enclosure).
  2. The DHS copy would be deleted from the leak reporting form and replaced with a copy for the Board of Supervisors.
  3. The instructions would be modified to have the individual reporting the underground storage tank leak route the leak reporting form through the local implementing agency for complying with Proposition 65 requirements and distribution to other agencies.
  4. The local implementing agency would need to make a copy of the leak reporting form for the CHO unless already designated to receive the CHO's copy.
We have consulted with DHS staff and they are in agreement with our proposal.

Until such time that we can modify the leak reporting form, we suggest that you include a signed statement, similar to the one enclosed, with each submittal, and encourage underground storage tank owners to route all leak reporting forms through your office prior to distribution to the State and Regional Boards.

If you have any questions, contact us.

Sincerely,

[Original signed by:]
Roger Johnson, Chief
Land Disposal Section
Division of Water Quality

Enclosure


[Enclosure]

I hereby certify that I am a designated government employee and that I have reported the attached information concerning a discharge of hazardous chemicals to the appropriate officials pursuant to Section 25180.7 of the Health and Safety Code.
 

Signed_______________________________________________
Date________________________________________________
 

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