Title
Receive and accept a report that explains staff's decision to transfer oversight responsibilities for remediation of leaking Underground Storage Tanks from the Environmental Health Bureau to the Regional Water Quality Control Board.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
Receive and accept a report that explains staff's decision to transfer oversight responsibilities for remediation of leaking Underground Storage Tanks from the Environmental Health Bureau to the Regional Water Quality Control Board.
SUMMARY:
Over the past 25 years the Environmental Health Bureau (EHB), as Local Implementing Agency, has performed the role of lead regulatory agency for investigation and cleanup of leaking Underground Storage Tanks (USTs) that have impacted only the surrounding soils. Recent legislation (AB 1701) requires that, starting July 1, 2013, all local agencies that oversee remediation and cleanup of leaking USTs must be certified by the State Water Resources Control Board (SWRCB) as a Local Oversight Program (LOP), or must transfer oversight responsibilities for remediation of leaking USTs to the Regional Water Quality Control Board (RWQCB). Careful study of the requirements for certification, and the circumstances under which this must be done, lead EHB staff to the conclusion that the County will be better served by the decision not to apply for LOP status.
DISCUSSION:
Over the past 25 years the EHB, as Local Implementing Agency, has performed the role of lead regulatory agency for investigation and cleanup of leaking USTs that have impacted only surrounding soils and are not expected to negatively impact potentially potable groundwater aquifers in the future. These leaking UST cases are also referred to by the State as "low threat" leaking USTs. All cases where leaking USTs actually contaminated potentially potable groundwater have already been referred to the Central Coast RWQCB for cleanup oversight.
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