1. (a) To promote the effective detection, abatement, and deterrence of violations, the Unified Program Agency and the Board must initiate enforcement actions against owners and operators of noncompliant underground storage tank systems consistent with an Inspection and Enforcement Plan developed and implemented consistent with this section.

   1. (1) Each Inspection and Enforcement Plan must include procedures for the following:

      1. (A) Compliance inspections and other inspections associated with the installation, modification, repair, and closure of underground storage tank systems;
      2. (B) Verifying and documenting return to compliance based on information provided or submitted by or on behalf of the owner or operator, by conducting follow-up inspections, or by a combination of those methods; and
      3. (C) Progressive enforcement actions to be initiated against owners and operators, including procedures for elevating minor violations to Class II violations and Class II violations to Class I violations.
   2. (2) A Certified Unified Program Agency's Inspection and Enforcement Plan must be adopted pursuant to section 15200 of title 27 of the California Code of Regulations.
2. (b) The Unified Program Agency and the Board must take enforcement action pursuant to section 25299 of the Health and Safety Code or prohibit the operation of an underground storage tank system if the owner or operator fails to comply with the construction, monitoring, testing, and reporting requirements of articles 4, 5, 6, and 7.
3. (c) When performing any underground storage tank inspection, the Unified Program Agency or the Board must classify each violation cited as minor, Class II, or Class I, pursuant to this chapter and consistent with the applicable Inspection and Enforcement Plan.
4. (d) If the Unified Program Agency or the Board determines that an underground storage tank system is in significant violation and poses an imminent threat to human health or safety or the environment, the Unified Program Agency or the Board may immediately affix a red tag to the fill pipe of the non-compliant underground storage tank system using a tamper resistant strap or straps, fill pipe bag, or any combination thereof so that the tag is visible to any person attempting to deliver, deposit or input a hazardous substance into, or withdraw a hazardous substance from, the underground storage tank.
5. (e) Upon the discovery of a significant violation that does not pose an imminent threat to human health or safety or the environment, the Unified Program Agency or the Board may issue a notice of significant violation to the owner and operator identifying the significant violation(s). If the owner or operator fails to correct the significant violation within seven days from receipt of the notice, the Unified Program Agency or the Board may affix a red tag to the fill pipe of the non-compliant underground storage tank using a tamper-resistant strap or straps, fill pipe bag, or any combination thereof so that the tag is visible to any person attempting to deliver, deposit, or input a hazardous substance into, or withdraw a hazardous substance from, the underground storage tank.
6. (f) The Unified Program Agency or the Board has the authority to direct the owner or operator to empty an underground storage tank to which a red tag has been affixed within a timeframe determined by the Unified Program Agency or the Board, as applicable, not to exceed 48 hours from when the red tag is affixed. The underground storage tank system must not be emptied through the dispenser.

7. (g) The Board must not affix a red tag to an underground storage tank without consulting and coordinating with the Unified Program Agency having jurisdiction. If the Board takes any action pursuant to this section:

   1. (1) The Board must notify the Unified Program Agency having jurisdiction in writing within 24 hours; and
   2. (2) The Board must continue to consult with, and coordinate with, the Unified Program Agency until the red tag has been removed or the underground storage tank has been properly closed in accordance with article 8.

8. (h) The Unified Program Agency or the Board must document the level of stored hazardous substance in the tank immediately before:

   1. (1) Affixing a red tag to the fill pipe of an underground storage tank; and
   2. (2) Emptying of a red tagged tank as ordered by the Unified Program Agency or the Board.
9. (i) After affixing a red tag, the Board or the Unified Program Agency, whichever affixed the red tag, must notify the owner and operator in writing, immediately if present on site, or within 24 hours if not on site, of the significant violation(s) for which the red tag was issued.
10. (j) An owner or operator must not allow the delivery, depositing, or inputting of a hazardous substance into, or withdrawal of a hazardous substance from, an underground storage tank that has a red tag affixed to its fill pipe without written authorization from the Board or the Unified Program Agency, whichever affixed the red tag.
11. (k) If approval is required by the Unified Program Agency to correct one or more significant violations identified pursuant to this subdivision, the Unified Program Agency must, to the extent feasible, expedite its review and issuance of such approval.
12. (l) If the Board affixed the red tag, the Board may request that the Unified Program Agency perform any required inspections and authorization duties in accordance with section 2695(c).
13. (m) If a red tag is removed to facilitate the emptying of a non-compliant underground storage tank or facilitate necessary repairs, the Unified Program Agency or the Board must reaffix the red tag to the fill pipe of the tank immediately after the tank is emptied or if the repairs are complete and the tank remains in significant violation.
14. (n) Upon making a determination that a significant violation has been corrected to the satisfaction of the Board or the Unified Program Agency, whichever affixed the red tag, the Board or the Unified Program Agency must notify the owner or operator in writing of its determination.
15. (o) Upon request, the Board must provide red tags, fill pipe bags, and tamper-resistant straps made of nylon or other durable, damage resistant material to the Unified Program Agency. Only Board provided red tags, fill pipe bags, and tamper-resistant straps may be used.

Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25299, 25292.3 and 25404.1.1, Health and Safety Code.

History

1. New section filed 10-28-2025; operative 1-1-2026 (Register 2025, No. 44).