1. (a) Except as otherwise provided in this section, no owner or operator, or person acting on their behalf, may remove, deface, alter, or otherwise tamper with a red tag.
2. (b) If, upon inspection, the Board or the Unified Program Agency, whichever affixed the red tag, determines that the system is no longer in significant violation and it has not already authorized removal of the red tag, the Board or the Unified Program Agency must immediately remove the red tag.
3. (c) Upon notification by the owner or operator documenting, to the satisfaction of the Board or the Unified Program Agency, whichever affixed the red tag, that the significant violation has been corrected, the Board or Unified Program Agency may provide written authorization to the owner or operator to remove the red tag. The Board or the Unified Program Agency must inspect the underground storage tank system within five days of notification to determine whether the system continues to be in significant violation, regardless of whether the Board or the Unified Program Agency has authorized removal of the red tag by the owner or operator.
4. (d) Upon removing a red tag from an underground storage tank system, the Board or the Unified Program Agency must document the level of stored hazardous substance in the tank. If the owner or operator removes a red tag pursuant to written authorization by the Board or the Unified Program Agency, the owner or operator must document the level of stored hazardous substance in the tank immediately after removing the red tag.
5. (e) Notwithstanding any other provision of this article, the Unified Program Agency or the Board may remove or authorize the removal of the red tag from an emergency tank system before a significant violation has been corrected if the Unified Program Agency or the Board determines that an emergency situation exists requiring operation of the system and the delivery of hazardous substances is necessary for the continued operation of the system.
6. (f) A red tag that has been removed by the owner or operator must be returned to the Board or the Unified Program Agency, whichever affixed the red tag, within five days. The owner or operator must provide documentation of the level of stored hazardous substance in accordance with subdivision (d) when returning the red tag.

Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25281.5 and 25292.3, Health and Safety Code.

History

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