1. (a) If the owner is not the operator, then the owner must enter into a written agreement with the operator requiring the operator to ensure the underground storage tank system is in compliance with chapter 6.7 of division 20 of the Health and Safety Code, this chapter, and the operating permit.

2. (b) An operating permit issued by the Unified Program Agency must be issued in accordance with the Health and Safety Code and this chapter. It must identify the Unified Program Agency issuing the permit, be effective for no more than 60 months, and require compliance with articles 1 through 9, sections 25280 through 25296 and 25298 through 25299.6 of the Health and Safety Code, and all permit conditions. The permit must include, at a minimum, the:

   1. (1) CERS ID;
   2. (2) Facility name;
   3. (3) Facility address;
   4. (4) Owner name;
   5. (5) Operator name;
   6. (6) Permit issuance date;
   7. (7) Permit expiration date; and
   8. (8) CERS Tank ID number(s).

3. (c) An owner may transfer an operating permit to a new owner if:

   1. (1) The new owner provides the form prepared by the Unified Program Agency in accordance with section 25284(b) of the Health and Safety Code; and
   2. (2) The transfer is reported to the Unified Program Agency by submitting the information specified in subdivision (a) of section 2690 within 30 days of the change in ownership. Transferred permits must expire on and be renewed by the original expiration date. The Unified Program Agency may review, modify, or terminate the underground storage tank operating permit upon receiving an ownership transfer request.
4. (d) A paper or electronic copy of the permit and all conditions and attachments, including the monitoring program, must be readily accessible at the facility.
5. (e) Owners and operators must pay all applicable local government fees and state surcharge fees.
6. (f) An owner or operator of a tank that is excluded or exempt from this chapter pursuant to section 2612 must obtain a valid operating permit and comply with section 25290.1 of the Health and Safety Code before any change in tank use or other condition occurs that results in the tank losing its exclusion or exemption.

Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25284, 25285, 25285.1, 25296.35, 25404 and 25404.5, Health and Safety Code.

History

1. Amendment 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 and text filed 4-5-94; operative 5-5-94 (Register 94, No. 14).

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