Press Release: Cal/EPA Sponsors the "High Risk Underground Storage Tank Act" to Protect State's Ground Water

For Immediate Release (C-05-97)
Contact: Communications Office (916) 324-9670
March 4, 1997

555 Capitol Mall, Suite 525
Sacramento, CA 95814
(916) 324-9670
FAX (916) 445-5563

SACRAMENTO--The California Environmental Protection Agency announced today the introduction of the "High Risk Underground Storage Tank Act" AB 1491 authored by Assemblyman Jim Cunneen, a bill to prohibit the delivery of petroleum products to underground storage tanks that have not been replaced or upgraded according to federal and state law. This prohibition would protect the environment by keeping fuel out of high risk tanks which pose serious threats to ground water.

Under current federal and state regulations, owners and operators of underground storage tanks (UST) must upgrade or replace their existing tanks and piping prior to December 22, 1998. The State Water Resources Control Board has oversight responsibility for the UST program in California. There are approximately 70,000 UST's in California and about 59 percent have been upgraded or replaced.

"The deadline to replace or upgrade leaking underground tanks is less than two years away," Secretary for Environmental Protection James M. Strock said. "This legislation is the type of strong enforcement measure we need to prevent the use of high risk leaking tanks which can pollute ground water. It's provisions are very simple: If you cannot show a certificate indicating that you have replaced or upgraded your underground storage tank, you will not receive any shipments of gasoline beginning in 1999."

Existing state and federal law will also penalize owners and operators that do not upgrade or replace their high risk UST's. Under State law, owners or operators may be fined between $500 to $5,000 per day per UST for operating a high risk UST after the deadline, and federal law allows for fines of up to $10,000 per day per UST. The owner or operator's insurance carrier may cancel their coverage and the local agency may revoke their operating permit. Lastly, because the owner will be out of compliance with UST laws, their claim to the State's UST Cleanup Fund for a grant to clean up a petroleum leak will be denied.

Under Cunneen's bill, local agencies would provide owners and operators with an easy-to-identify certificate that a facility has upgraded or replaced their UST. Any transportation company delivering petroleum products to unapproved facilities would also be responsible for any violations that may occur.

"I am delighted to be author of this bill," said Assemblyman Cunneen. "This measure provides a sensible approach for stopping unscrupulous operators from ignoring the law, " Cunneen concluded.  "After nearly fourteen years of notice, California will have a zero-tolerance level for leaking underground storage tanks and those who pollute our ground water will be held accountable. We demand full compliance in order to protect California's environment," said Strock.

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