Loading...
HomeMy WebLinkAbout2018 FD Directive LetterM Fire Department 2160 Santa Barbara Avenue, San Luis Obispo, CA 93401-5240 805.781.7380 April 9, 2018 Mr. Hank Harbers, President Atoll Holdings Corporation 1150 Laurel Lane San Luis Obispo, CA 93401 Re: 1150 Laurel Lane, San Luis Obispo, CA. Permit Requirements for the Removal of Underground Storage Tanks (UST) as per Title 23, California Code of Regulations, Chapter 16; CA Business and Professions Code, section 7058.7; SLO City Fire Department Permit Application to Remove Tanks. Dear Mr. Harbers: Thank you for the opportunity to meet with you several days ago to discuss our permit requirements for removal of the underground storage tank on your property mentioned above. Obtaining permits is the first step in the process, as follows: 1) Submit plans to the SLO City Building Official; 2) Complete a SLO City Fire Department UST removal permit application - include a check payable to the City of San Luis Obispo in the amount of $4,551.05; 3) Hire a contractor with a CSLB License as a General Engineering (A); General Building (B); Plumbing (C_36); or Limited Specialty (C-61/D-40); 4) All contractors must also possess a "Hazardous Substance Certification" issued by the CSLB. 5) Obtain a permit from the SLO County Air Pollution Control District. As a point of clarification, a third -party equipment operator can work at the tank site only under a contractor licensed as above and with the State licensed contractor Present on site during all grading,soil excavation or removal of soil from the tank tog. Following plan submittal and approval, a SLO City Fire Department permit will be issued. No work at the site is allowed without an Air Pollution Control District permit, a SLO City Building/Grading permit, or the SLO Fire Dept. UST Removal permit. On -going inspections will be required during this UST removal process. Please contact me at (805) 781-7383 with any questions you may have. Sincerely, D. Kerry Boyle Hazardous Materials Coordinator San Luis Obispo City Fire Department kboyle@slocitv.org Attachments CA Business and Professions Code, section 7058.7 Title 23, CA Code of Regulations, Chapter 16, Section 2670 - 2672 Law section Page 1 of 1 (�r� I.FGISLATIVE INFORMATION Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites Code: Select Code v+ Section: Search << Previous Next >> cross-reference chaotered bills PQF I Add To My Favorites `� Highlight BUSINESS AND PROFESSIONS CODE - BPC DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.111 ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch, 37. ) ARTICLE 4. Classifications [7055 - 7059.1] ( Article 4 added by Stats. 1939, Ch. 37. ) 7058.7. (a) No contractor may engage in a removal or remedial action, as defined in subdivision (d), unless the qualifier for the license has passed an approved hazardous substance certification examination. (b) (1) The Contractors' State License Board, the Division of Occupational Safety and Health of the Department of Industrial Relations, and the Department of Toxic Substances Control shall jointly select an advisory committee, which shall be composed of two representatives of hazardous substance removal workers in California, two general engineering contractors in California, and two representatives of insurance companies in California who shall be selected by the Insurance Commissioner. (2) The Contractors' State License Board shall develop a written test for the certification of contractors engaged in hazardous substance removal or remedial action, in consultation with the Division of Occupational Safety and Health, the State Water Resources Control Board, the Department of Toxic Substances Control, and the advisory committee. (c) The Contractors' State License Board may require additional updated approved hazardous substance certification examinations of licensees currently certified based on new public or occupational health and safety information. The Contractors' State License Board, in consultation with the Department of Toxic Substances Control and the State Water Resources Control Board, shall approve other initial and updated hazardous substance certification examinations and determine whether to require an updated certification examination of all current certificate holders. (d) For purposes of this section "removal or remedial action" has the same meaning as found in Chapter 6.8 (commencing with Section 25300) of Division 20 of the Health and Safety Code, if the action requires the contractor to dig into the surface of the earth and remove the dug material and the action is at a site listed pursuant to Section 25356 of the Health and Safety Code or any other site listed as a hazardous substance release site by the Department of Toxic Substances Control or a site listed on the National Priorities List compiled pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Sec. 9601 et seq.). "Removal or remedial action" does not include asbestos -related work, as defined in Section 6501.8 of the Labor Code, or work related to a hazardous substance spill on a highway. (e) (1) A contractor may not install or remove an underground storage tank, unless the contractor has passed the hazardous substance certification examination developed pursuant to this section. (2) A contractor who is not certified may bid on or contract for the installation or removal of an underground tank, if the work is performed by a contractor who is certified pursuant to this section. (3) For purposes of this subdivision, "underground storage tank" has the same meaning as defined in subdivision (y) of Section 25281 of the Health and Safety Code. (Amended by Stats. 2002, Ch. 999, Sec. 1. Effective January 1, 2003.) http://Ieginfo.legislature. ca. gov/faces/codes_displaySection.xhtml?lawCode=BPC&section... 4/9/2018 State Water Resources Control Board Page 1 of 3 Home » Ust Leak Prevention -» Lgs UST Program - Local Guidance (LG)a 48-5 ........................... LG 48-5 - CONTRACTORS' LICENSING AND CERTIFICATION REQUIREMENTS FOR INSTALLATION, REMOVAL, AND UPGRADE OF UNDERGROUND STORAGE TANKS June 14, 1998 To: Local Aaencies and Interested Parties LG 48-5 CONTRACTORS' LICENSING AND CERTIFICATION REQUIREMENTS FOR INSTALLATION, REMOVAL, AND UPGRADE OF UNDERGROUND STORAGE TANKS This letter combines and updates LG 48-4 with LG 75-3, "Licensing Requirements for Hazardous Substance Removal and Remedial Action." Together, this letter serves to provide contractors' licensing and certification requirements for installation, removal, or upgrading of USTs. This update covers: 1. licenses required to apply interior lining in a UST; 2. licenses required to install a bladder system in a UST; 3. licenses required to install corrosion protection systems onto USTs; and 4. change in policy regarding the hazardous substance certification requirement for interior lining contractors. Licensing Any work to upgrade, install, or remove USTs is subject to contractor licensing if the total cost of such work is $300 or more. Under current Contractors State License Board (CSLB) policy only those contractors holding one of the following classifications are properly licensed to contract for such work: General Engineering Contractor (A) - General engineering contractors may work on underground storage tanks for any purpose whatsoever at any location. General Building Contractor (B) - General building contractors may work on an underground storage tank only if such work is performed under contract to construct or remodel a building that houses people, animals or chattels, and the work involves the use of at least 2 or more unrelated trades or is subcontracted to the appropriate license. Plumbing Contractor (C-36) - Plumbing contractors may work on any underground storage tank that provides a service to a building. This includes storage tanks for service stations. Any other type of underground storage tank may only be worked on by a General Engineering Contractor (A). Limited Specialty Contractor (C-61-D-40) - Service station equipment contractors may work on fuel underground storage tanks at service stations or any other site where storage capacity does not exceed 20,000 gallons. This license is not currently being issued by CSLB. A contractor possessing any one of the above licenses may contract to apply interior lining to a UST. In accordance with LG 136-1, "Interior Lining and Cathodic Protection of Underground Storage Tanks," a contractor may also apply interior lining if possessing one of these licenses: >% Painting and Decorating (C-33) >� Limited Specialty/Synthetic Products (C-61012) Limited Specialty/Protective Coating (C-61/D51) Only those contractors holding one of the following classifications are properly licensed to contract for installation of bladders: General Engineering Contractor (A) https://www.waterboards.ca.gov/ust/leak_prevention/lgs/48_5.shtml 4/9/2018 State Water Resources Control Board Page 2 of 3 >> Plumbing Contractor (C-36) >> Limited Specialty/Protective Coating (C-61/D51) For information regarding the qualifications necessary to design, certify, install, and test corrosion protection systems see LG 145, "Clarification of Corrosion Specialist and Cathodic Protection Tester." Summary of Licensing Requirements Limited Limited General General Painting and Plumbing Specialty/ Limited Specialty/ Engineering Building Decorating (C-36) Synthetic Specialty Protective (A) (B) (C-33) Products (C-61/D-40) Coating (C-61012) (C-61/D-51) To upgrade, install, or remove USTs if the X X X X aggregate costs of such work is $300 or more C contract to X X apply interior lining . To contract for installation of X X X bladders Hazardous Substance Certification In accordance with the provisions of Business and Professions Code (B&P) Section 7058.7, a contractor must possess a Hazardous Substance Certification issued by the CSLB to: install or remove an underground storage tank. However, a contractor who is not certified may bid on or contract for the installation or removal, as long as the work is performed by a contractor who is certified. upgrade an underground storage tank. Upgrading means installation of a bladder system, application of interior lining, and installation of striker plates that are permanent bonded to the tank bottom. A contractor does not need to possess this certification to install spill containment or overfill prevention devices, fill pipes, vapor recovery systems, or leak detection equipment. Again, a contractor who is not certified may bid on or contract for the installation or removal, as long as the work is performed by a contractor who is certified. engage in removing or remedying the release of a hazardous substance at the site or to correct the conditions that threaten the release of a hazardous substance (pursuant to Sections 25355.5 and 25356 Health and Safety Code). Per Section 7058.7, "removal or remedial action" refers to work in which the contractor digs into the surface of the earth and removes the dug material and the work is at a hazardous substance release site as identified in Section 25356 H&SC. These provisions of the Health and Safety Code apply to hazardous substances other than petroleum. Therefore, the hazardous substance certification is not required for corrective action at petroleum UST sites. If you have any questions, please call the licensing staff of the CSLB at (916) 255-3900, or write to: P.O. Box 26000 Sacramento, CA 95826. Sincerely, [ original signed by ] https://www.waterboards.ca.gov/ust/leak_prevention/lgs/48_5.shtml 4/9/2018 State Water Resources Control $oard Page 3 of 3 Allan Patton, Manager Underground Tank Program Back to LG list Conditions of Use I Privacy Policy Copyright © 2018 State of California The California Water Boards include the State Water Resources Control Board and nine Regional Boards The State Water Board is one of six environmental entities operating under the authority of the California Environmental Protection Agency Cal/EPA I ARB I CalRecycle I DPR I DTSC I OEHHA I SWRCB https://www.waterboards.ca.gov/ust/leak_prevention/lgs/48_5.shtml 4/9/2018 (3) The underground storage tank may be filled with a noncorrosive liquid that is not a hazardous substance. This liquid shall be tested and the test results submitted to the local agency prior to removal from the underground storage tank at the end of the temporary closure period. (4) Except for required venting, all fill and access locations and piping shall be sealed using locking caps or concrete plugs. (5) Power service shall be disconnected from all pumps associated with the use of the underground storage tank unless the power services some other equipment which is not being closed, such as the impressed - current cathodic protection system. (b) The monitoring required pursuant to the permit may be modified by the local agency during the temporary closure period. In making a decision to modify monitoring requirements, the local agency shall consider the need to maintain monitoring in order to detect unauthorized releases that may have occurred during the time the underground storage tank was used but that have not yet been detected. In all cases, corrosion protection shall continue to be operated. (c) The underground storage tank shall be inspected by the owner or operator at least once every three months to verify that the temporary closure measures are still in place. The inspection shall include but is not limited to the following: (1) Visual inspection of all locked caps and concrete plugs. (2) If locking caps are used, at least one shall be removed to determine if any liquids or other substances have been added to the underground storage tank or if there has been a change in the quantity or type of liquid added pursuant to subsection (a)(3) of this section. (d) At the end of a temporary closure period over 12 months, including any extension granted by the local agency, the owner may reuse the underground storage tank only if the tank meets the requirements of Article 3 for new underground storage tanks or is upgraded to meet the requirements of Article 6. (e) All new and existing underground storage tank systems which have been temporarily closed must continue to comply with repair and recordkeeping requirements, release reporting and investigation requirements, and release response and corrective action requirements specified in this chapter and Chapter 6.7 of the Health and Safety Code. Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25298, Health and Safety Code; 40 CFR 280.70 and 281.36(a)(1). 2672. Permanent Closure Requirements. (a) Owners or operators of underground storage tanks subject to permanent closure shall comply with either subsection (b) for underground storage tank removal or subsection (c) for closure in place. It is not essential that all portions of an underground storage tank be permanently closed in the same manner; however, all closure actions shall be conducted in accordance with this section. Subsections (d) and (e) apply to all underground storage tanks subject to permanent closure. (b) Owners or operators of underground storage tanks subject to permanent closure shall comply with applicable provisions of Chapter 6.5 of Division 20 of the Health and Safety Code and with the following requirements: (1) All residual liquid, solids, or sludges shall be removed and handled as hazardous wastes or recyclable materials in accordance with Chapter 6.5 of the Health and Safety Code. (2) If the underground storage tank contained a hazardous substance that could produce flammable vapors at standard temperature and pressure, it shall be inerted to levels that shall preclude explosion or to lower levels as required by the local agency. 54 (3) When an underground storage tank or any part thereof is disposed of, the owner or operator shall document to the local agency that proper disposal has been completed. This documentation shall be submitted within the time frame specified by the local agency. (4) An owner or operator of an underground storage tank or any part thereof that is destined for a specific reuse shall advise the local agency, within the time frame specified by that agency, of: (A) The name of the new owner and new operator of the underground storage tank; (B) The location of intended use; and (C) The nature of intended use. (c) Owners or operators of underground storage tanks subject to permanent closure where the tanks are approved to be closed in place shall comply with the applicable provisions of Chapters 6.5 and 6.7 of Division 20 of the Health and Safety Code and with the following requirements: (1) All residual liquid, solids, or sludges shall be removed and handled as a hazardous waste or recyclable materials in accordance with Chapters 6.5 and 6.7 of the Health and Safety Code. (2) If the underground storage tank contained a hazardous substance that could produce flammable vapors at standard temperature and pressure, it shall be inerted to levels that shall preclude explosion or to lower levels as may be required by the local agency. (3) All piping associated with the underground storage tank shall be removed and disposed of unless removal might damage structures or other pipes that are being used and that are contained in a common trench, in which case the piping to be closed shall be emptied of all contents and capped. (4) The underground storage tank, except for piping that is closed in accordance with subdivision (3), shall be completely filled with an inert solid, unless the owner intends to use the underground storage tank for the storage of a nonhazardous substance which is compatible with the previous use and construction of the underground storage tank. (d) The owner or operator of an underground storage tank being closed pursuant to this section shall demonstrate to the satisfaction of the local agency that no unauthorized release has occurred. This demonstration shall be based on soil sample analysis and/or water analysis if water is present in the excavation. This analysis shall be performed during or immediately after closure activities. If the demonstration is based on soil sample analysis, soil samples shall be taken and analyzed as follows: (1) If the underground storage tank or any portion thereof is removed, soil samples shall be taken immediately beneath the removed portions of the tank, a minimum of two feet into native material at each end of the tank in accordance with section 2649. A separate sample shall be taken for each 20 linear -feet of trench for piping. (2) If the underground storage tank or any portion thereof is not removed, at least one boring shall be taken as close as possible to the midpoint beneath the tank using a slant boring (mechanical or manual), or other appropriate method such as vertical borings drilled on each long dimensional side of the tank as approved by the local agency. (3) Soils shall be analyzed in accordance with section 2649 for all constituents of the previously stored hazardous substances and their breakdown or transformation products. The local agency may waive the requirement for analysis of all constituents, breakdown or transformation products when key constituents that pose a significant threat to water quality or the environment can be identified for analysis. (e) The detection of any reportable unauthorized release shall require compliance with the applicable requirements of Articles 5 and 11. 55 Note: Authority cited: Sections 25/-99.3, 25299.7 and 25299.77, Health and Safety Code. Reference: Sections 25298 and 25299.37, Health and Safety Code; 40 CFR 280.60 through 280.67, 280.71 and 281.36. ARTICLE 8: SITE -SPECIFIC VARIANCE PROCEDURES. 2680, Genera! A licabili of Article. (a) This article sets forth procedures for site -specific variances from the requirements for the construction and monitoring of new and existing underground storage tanks as described in Chapter 6.7 of Division 20 of the Health and Safety Code and Articles 3 and 4 of this chapter. A site -specific variance, if approved, would apply only to the specific site(s) approved for a variance. These procedures are in addition to those established by the appropriate sections of Chapter 6.7 of Division 20 of the Health and Safety Code. (b) Section 2681 specifies the procedures that shall be followed by the applicant, local agency, and the Regional Water Quality Board for site -specific variance requests. Note: Authority cited: Sections 25299.3, Health and Safety Code. Reference: Section 25299.4, Health and Safety Code. 2681. Site -Specific Variances. (a) A site -specific variance allows an alternative method of construction or monitoring which would be applicable at one or more sites within a local agency's jurisdiction. Application for a site -specific variance shall be made to the appropriate Regional Water Quality Board. (b) Prior to applying to the Regional Water Quality Board for a variance, the applicant shall submit a complete construction and monitoring plan to the local agency. The proposed alternative construction or monitoring methods which may require a variance shall be clearly identified. If the local agency decides that a variance would be necessary to approve the specific methods or if the local agency does not act within 60 calendar days of receipt of a complete construction and monitoring plan from the applicant, the applicant may submit the variance application to the Regional Water Quality Board. (c) An application for a site -specific variance shall include, but is not limited to: (1) A description of the provision from which the variance is requested (2) A detailed description of the complete construction and monitoring methods to be used. The proposed alternative program, method, device, or process shall be clearly identified. (3) Any special circumstances on which the applicant relies to justify the findings necessary for the variance, as prescribed by the appropriate section of Chapter 6.7 of Division 20 of the Health and Safety Code. (4) Clear and convincing evidence that the proposed alternative will adequately protect the soil and the beneficial uses of waters of the state from an unauthorized release. (5) Any environmental information or documentation requested by the Regional Water Quality Board pursuant to the California Environmental Quality Act (Division 13, commencing with section 21000 of the Public Resources Code). (6) A list including names and addresses of all persons known to the applicant who may be affected by or may be interested in the variance request. 56 (7) A fee not to exceed $2,, 1 for variance requests at one site. A fee not exceed $5,500 for variance requests at more than one site within one local agency's jurisdiction. (d) The Regional Water Quality Board shall review all applications submitted and shall notify the applicant in writing within 30 calendar days of receipt of the application whether the application is complete. (e) The Regional Water Quality Board shall hold a hearing on the proposed variance as specified in section 25299.4(c) of the Health and Safety Code. (f) Any site -specific variance shall prescribe appropriate additional conditions and shall describe the specific alternative system for which the variance is being granted. The Regional Water Quality Board shall notify the applicant, the local agency, and the State Water Board of its decision. (g) If the variance is approved, the local agency shall issue a permit to the applicant which includes the conditions prescribed by the Regional Water Quality Board. A local agency shall not modify the permit unless it determines that the modification is consistent with the variance that has been granted. (h) The Regional Water Quality Board shall modify or revoke a variance upon a finding that the proposed alternative does not adequately protect the soil and the beneficial uses of the waters of the state from an unauthorized release. The Regional Water Quality Board shall not modify nor revoke the variance until it has followed procedures comparable to those prescribed in this section and Chapters 1.5 and 6 of Division 3 of Title 23 of the California Code of Regulations. The Regional Water Quality Board shall notify the local agency and the State Water Board of the modification or revocation. The local agency shall modify or revoke the permit for the site. Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25299.4, Health and Safety Code. ARTICLE 9: LOCAL AGENCY REQUESTS FOR ADDITIONAL DESIGN AND CONSTRUCTION STANDARDS 2690. General Applicability of Article. This article sets forth procedures by which local agencies may request State Water Board authorization for design and construction standards other than those set by Article 3. These procedures are in addition to those established by Chapter 6.7 of Division 20 of the Health and Safety Code. Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25299.2 and 25299.4, Health and Safety Code. 2691. Procedures for Requesting Additional Standards. (a) A local agency application for additional design and construction standards shall include: (1) A description of the proposed design and construction standards which are in addition to those described in Article 3 of this chapter. (2) Clear and convincing evidence that the additional standards are necessary to protect the soil and beneficial uses of the waters of the state from unauthorized releases. (3) Any documents required by the California Environmental Quality Act (Division 13, commencing with section 21000 of the Public Resources Code). (4) An initial fee of $5,500. (b) The applicant shall be required to pay a fee based on the actual costs of considering the application. The State Water Board will bill the applicant for additional costs or refund any unused portion of the initial fee. 57 (g) Information contained in confidential files shall only be disclosed to authorized representatives of the applicant or other governmental agencies in connection with the agency's responsibilities pursuant to Chapter 6.7 of the Health and Safety Code or Division 7 of the Water Code. (h) Nothing contained herein shall limit an applicant's right to prevent disclosure of information pursuant to other provisions of law. Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25290, Health and Safety Code. 2715. Certification, Licensing, and Training Requirements for UndergrOUnd_Sto_rage Tank Owners, Operators, Installers Service Technicians and Inspectors. (a) By January 1, 2005, owners of underground storage tank systems shall submit a signed statement to the local agency indicating that the owner understands and is in compliance with all applicable underground storage tank requirements, and identifying the designated UST operator(s) for each facility owned. The owner shall inform the local agency of any change of designated UST operator(s) no later than 30 days after the change. (b) Effective January 1, 2005, designated UST operators shall possess a current certificate issued by the International Code Council (ICC) indicating he or she has passed the California UST System Operator exam. The individual shall renew the ICC certification, by passing the California UST System Operator exam, every 24 months. (c) The designated UST operator(s) shall perform monthly visual inspections of all underground storage tank systems for which they are designated. The results of each inspection shall be recorded in a monthly inspection report. The monthly visual inspection shall include, but is not limited to, the following: (1) Reviewing the alarm history report or log for the previous month, and checking that each alarm condition was documented and responded to appropriately. A copy of the alarm history report or log, along with documentation describing action taken in response to any alarm(s), shall be attached to the monthly visual inspection record. (2) Inspecting for the presence of hazardous substance, water, or debris in spill containers. (3) Inspecting for the presence of hazardous substance, water, or debris in under -dispenser containment areas, and checking that the monitoring equipment in these areas is located in the proper position to detect a leak at the earliest possible opportunity. (4) Inspecting for the presence of hazardous substance, water, or debris in containment sumps that, in the past month, have had an alarm for which there is no record of a service visit, and checking that the monitoring equipment in these containment sumps is located in the proper position to detect a leak at the earliest possible opportunity. (5) Checking that all required testing and maintenance for the underground storage tank system have been completed, and documenting the dates these activities occurred. (6) Verifying that all facility employees have been trained in accordance with subdivision 2715(f). (d) The designated UST operator(s) shall provide the owner or operator with a copy of each monthly inspection report, and alert the owner or operator of any condition discovered during the monthly visual inspection that may require follow-up actions. (e) The owner or operator shall maintain a copy of the monthly inspection record and all attachments for the previous twelve months. The records shall be maintained on -site or, if approved by the local agency, off -site at a readily available location. M (f) By July 1, 2005, and every twelve months thereafter, the designated UST operator(s) shall train facility employees for which he or she is responsible in the proper operation and maintenance of the underground storage tank system. For facility employees hired on or after July 1, 2005, the initial training shall be conducted within 30 days of the date of hire. (1) The training for facility employees must include, but is not limited to - (A) The operation of the underground storage tank system in a manner consistent with the facility's best management practices. (B) The facility employee's role with regard to the monitoring equipment as specified in the facility's monitoring plan. (C) The facility employee's role with regard to spills and overfills as specified in the facility's response plan. (D) The name of the contact person(s) for emergencies and monitoring equipment alarms. (2) At least one of the facility employees present during operating hours shall have current training in accordance with subdivision (f)(1). For facilities that are not routinely staffed, the designated UST operator shall implement a facility employee training program approved by the local agency. (3) A list of facility employees who have been trained by the designated UST operator(s), shall be maintained on -site or off -site at a readily available location, if approved by the local agency. The list shall be provided to the local agency upon request. The list shall include the dates of training for all facility employees, and the hiring dates for all facility employees hired on or after July 1, 2005. (g) Any person(s) installing underground storage tank systems or components shall be certified or licensed by the Contractors State License Board. (h) Any individual(s) installing underground storage tank system components shall meet the following requirements, or work under the direct and personal supervision of an individual physically present at the work site who meets the following requirements: (1) The individual has been adequately trained as evidenced by a certificate of training issued by the manufacturer(s) of the underground storage tank system components. On and after July 1, 2001, this certification shall be renewed by completion of manufacturer's refresher training at the time interval recommended by the manufacturer, or every 36 months, whichever is shorter. (2) Effective January 1, 2005, the individual shall possess a current underground storage tank system installer certificate from the International Code Council (ICC), indicating that the individual has passed the ICC UST Installation/Retrofitting exam. The individual shall renew the ICC certification, by passing the ICC UST Installation/Retrofitting exam, every 24 months. (i) Any individual performing the work of a service technician must meet all of the following requirements: (1) Possess or be employed by a person who possesses a current Class "A" General Engineering Contractor License, C-10 Electrical Contractor License, C-34 Pipeline Contractor License, C-36 Plumbing Contractor License, or a C-61 (D40) Limited Specialty Service Station Equipment and Maintenance Contractor License issued by the Contractors State License Board, as applicable. Individuals who possess a tank testing license issued by the State Water Resources Control Board satisfy the licensing requirement of this paragraph. (2) Be trained and certified by the manufacturer of the equipment as follows: (A) For service technicians conducting secondary containment testing pursuant to section 2637(a), this training and certification may be obtained through the developer of the testing equipment or test 64 method being used, or through the manufacturer of the secondary containment system being tested, as applicable. (B) Fur service technicians performing work on monitoring equipment, training and certification shall be obtained from the manufacturer of the monitoring equipment. (C) In the event that no training or certification exists that would satisfy the criteria of subparagraph (i)(2)(A) or (B), the local agency may approve comparable alternate training or certification. (3) Renew all training and certifications issued by the manufacturer, through completion of a manufacturer's refresher course, at the time interval recommended by the manufacturer, or every 36 months, whichever is shorter. (4) Effective July 1, 2005, service technicians shall possess or work under the direct and personal supervision of an individual physically present at the work site who possesses a current certificate from the International Code Council (ICC), indicating he or she has passed the California UST Service Technician exam. If the California UST Service Technician exam is not available by July 1, 2004, this requirement shall be effective twelve months after the date the exam is available. The individual shall renew the ICC certification, by passing the California UST Service Technician exam, every 24 months. (j) Local agency inspectors or special inspectors conducting underground storage tank inspections must meet the following requirements: (1) Effective September 1, 2005, these individuals shall possess a current inspector certificate issued by the International Code Council (ICC), indicating he or she has passed the ICC California UST Inspector exam. Local agency inspectors hired on or after September 1, 2005, are subject to this requirement 180 days from the date of hire. If the ICC California UST Inspector exam is not available by September 1, 2004, this requirement shall be effective twelve months after the date the exam is available. (2) These individuals shall renew the California inspector certificate every 24 months, by either passing the ICC California UST Inspector exam or satisfying equivalent criteria as approved by the Division of Water Quality Underground Storage Tank Program Manager. Note: Authority cited: Section 25299.3, Health and Safety Code. Reference: Sections 25281 and 25284.1, Health and Safety Code; and 40 CFR 280.20. ARTICLE 10.5: RED TAG AUTHORITY. 2717. Additional Definitions. (a) "Significant Violation" means the failure of a person to comply with any requirement of Chapter 6.7 of the Health and Safety Code or any regulation adopted pursuant to Chapter 6.7, not including the corrective action requirements in Section 25296.10 of the Health and Safety Code and Article 11 of Chapter 16 of Title 23 of the regulations, that is any of the following: (1) A violation that is causing, or threatens to cause a liquid release of petroleum from an underground storage tank system, including, but not limited to: the failure of any required overfill prevention system, where the failure is causing or threatens to cause a release; or the failure of a required spill containment structure, where the failure is causing or threatens to cause a release to the environment due to a spill or an overfill. (2) A violation that impairs the ability of an underground storage tank system to detect a liquid leak or contain a liquid release of petroleum in the manner required by law, including, but not limited to: tampering with leak detection equipment so that the equipment is no longer capable of detecting a leak at the earliest possible opportunity. 65