1. (a) A Unified Program Agency application for additional design and construction standards must include:

   1. (1) A description of the proposed design and construction standards which are in addition to those described in articles 4, 5, and 6;
   2. (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; and
   3. (3) 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).
2. (b) The Board must conduct an investigation and public hearing on the proposed standards and the need to protect the soil and beneficial uses of the water before determining whether to authorize the Unified Program Agency to implement additional standards.
3. (c) The Board must modify or revoke a previously issued authorization allowing the implementation of additional standards if it finds that, based on new evidence, the additional standards are not necessary to adequately protect the soil and beneficial uses of the waters of the State from unauthorized releases. The Board will neither modify nor revoke the authorization until it has followed procedures comparable to those in chapters 1.5 and 6 of division 3 of title 23 of the California Code of Regulations.

Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25299.2 and 25299.4, Health and Safety Code.

History

1. Renumbering and amendment of former section 2621 to section 2611 and renumbering and amendment of former 2611 of section 2621 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 section heading, text and Note filed 4-5-94; operative 5-5-94 (Register 94, No. 14).

4. Amendment of subsections (a)(3) and (a)(16) filed 12-18-2007; operative 1-17-2008 (Register 2007, No. 51).

5. Amendment of subsections (a), (a)(8), (a)(11) and (a)(14) filed 8-27-2018; operative 10-1-2018 (Register 2018, No. 35).

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