1. (a) A site-specific variance allows an alternative construction or release detection method which would be applicable at one or more sites within a Unified Program Agency's jurisdiction. A site-specific variance only is available before the installation of alternate components. The site-specific variance, if approved, would apply only to the specific site(s) approved for a variance.
2. (b) Prior to commencement of underground storage tank system installation and applying to the Regional Board for a variance, the person must provide complete construction plans and a proposed monitoring plan to the Unified Program Agency. The proposed alternative construction or release detection methods and equipment which may require a variance must be clearly identified. If the Unified Program Agency decides that a variance would be necessary or if the Unified Program Agency does not act within 60 days of receipt of a complete construction and monitoring plan from the person, the person may submit a variance application to the Regional Board with a copy to the Board.

3. (c) An application for a site-specific variance must include, but is not limited to:

   1. (1) A description of the provision from which the variance is requested.
   2. (2) A detailed description of the complete construction and release detection methods and equipment to be used. The proposed alternative program, method, equipment, or process must be clearly identified.
   3. (3) Any special circumstances requiring the requested site-specific variance.
   4. (4) Documentation that the proposed alternative will adequately protect the soil and the beneficial uses of waters of the State from an unauthorized release.
   5. (5) Any environmental information or documentation required for compliance with the California Environmental Quality Act (division 13, commencing with section 21000 of the Public Resources Code).
   6. (6) A list including the names and addresses of all persons known to the applicant who may be affected by or may be interested in the variance request.
   7. (7) An application fee of $5,500.
4. (d) The Regional Board must review all applications submitted and must notify the owner or operator in writing within 30 days of receipt of the application whether the application is complete.
5. (e) The Regional Board must hold a hearing on the application in accordance with section 25299.4(b)(2) of the Health and Safety Code.
6. (f) The Regional Board must consult with the Unified Program Agency and Board during its review.

7. (g) The Regional Board must grant a site-specific variance if it determines all the following:

   1. (1) There are special circumstances that meet the standards set forth in section 25299.4(b)(4) of the Health and Safety Code such that the proposed underground storage tank system could not be constructed or monitored in accordance with articles 4 and 5, making the site-specific variance necessary; and
   2. (2) There is 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.
8. (h) If the Regional Board grants a site-specific variance, the Regional Board must notify the applicant, the Unified Program Agency, and the Board of its decision and the variance must prescribe appropriate additional conditions and must describe the specific alternative system for which the variance is being granted.
9. (i) If a site-specific variance is approved, the Unified Program Agency must verify compliance with the site-specific variance before granting or modifying a permit. Any permit issued by the Unified Program Agency must include all conditions set forth in the site-specific variance.

10. (j) The Regional Board must do all the following:

    1. (1) Modify or revoke a site-specific variance upon finding that the proposed alternative no longer adequately protects the soil and the beneficial uses of the waters of the State from an unauthorized release.
    2. (2) 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.
    3. (3) Notify the Unified Program Agency and the Board of any modification or revocation. The Unified Program Agency must modify or revoke the facility's permit to operate consistent with the Regional Board's action to modify or revoke the site-specific variance.

Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25299.4, Health and Safety Code.

History

1. Renumbering and amendment of former section 2620 to section 2610 and renumbering and amendment of former 2610 to section 2620 filed 8-9-91 as an emergency; operative 8-9-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Register 92, No. 14).

2. Editorial correction of printing errors in History 1 (Register 92, No. 43).

3. Amendment of subsections (a), (b) and (d) filed 4-5-94; operative 5-5-94 (Register 94, No. 14).

4. Editorial correction deleting former History 1 and renumbering remaining History Notes (Register 95, No. 17).

5. New subsection (e) filed 8-27-2018; operative 10-1-2018 (Register 2018, No. 35).

6. Repealer and new article 2 heading, section heading and section filed 10-28-2025; operative 1-1-2026 (Register 2025, No. 44).