A violation was cited on the inspection report. Now what do I do?
The inspection report typically includes direction for correcting the violation that was cited. This may include arranging for required testing, repairing equipment, submitting documents and/or other corrective actions depending upon the nature of the violation. If you are not clear about what is required, contact your inspector directly. The name of your inspector and their direct phone number always appear on the upper right portion of the inspection reports.
Each violation on an inspection report contains a legal citation from the Health & Safety Code the California Code of Regulations or both. Owners and operators can review these laws and regulations by clicking on Chapter 6.7 H&SC or Title 23 CCR.
Will I be fined or penalized for a violation?
In most instances, no. Environmental Health (CUPA) makes every attempt to educate tank owners and/or operators on maintaining a compliant tank facility. However, there are times when education does not achieve the desired result. For serious, recurring, and/or intentional violations, Environmental Health (CUPA) may need to initiate enforcement activity against the owner and/or operator. At this point monetary and other penalties may be warranted.
What are the most common violations that are cited?
The following are some of the most common violations cited by Environmental Health (CUPA) staff. While some violations such as component test failure may be unavoidable, most are easily prevented.
Certification of Financial Responsibility has not been submitted to the CUPA annually
Yearly employee training is not conducted by Designated Operator and/or training records are not maintained on-site
Monitoring Plan has not been submitted or is not current
Designated Operator reports are incomplete, inaccurate and/or unavailable; or monthly inspections have not been conducted
Secondary containment components did not pass testing
Designated Operator owner statement has not been submitted and/or is not current
Monitoring system did not pass certification testing. This includes individual sensors or other components
Maintenance and testing records are not available in sufficient detail