Underground Storage Tank (UST) Program

• Comply with applicable laws and regulations
• Pay annual UST fees
• Monitor UST system and conduct periodic testing
• Maintain required records
• Submit UST permitting documents to the California Environmental Reporting System (CERS)
• Submit Certification of Financial Responsibility to CERS annually
• Comply with all release recording and reporting requirements

• Provide notification at least 48 hours prior the testing
• Submit test results within 30 days of testing
• Meet licensing and certification requirements at time of testing

• Conduct site inspections at least once every 30 days
• Inspect site, identify compliance issues, verify testing is current, train employees
• Provide copy of report to owner or operator within 48 hours of the inspection

Required prior to conducting any UST installations, removals, or modifications.

Plans are reviewed by a hazardous materials specialist to ensure that UST containment, monitoring, and closure plans meet requirements. One or more inspections may be required to verify that work specified in the plan is complete and components are operational. Plans may be submitted via counter drop-off, mail, and email. Plans will not be processed until payment has been received.

When submitting a plan check, please include the following:

• Facility Modification Application
• Plan check fee (drop-off or mail. If email, payment info will be provided)
• Plans: include site diagram, scope of work, parts list, and compatibility documentation. If drop off or mail submittal, please provide 4 copies of all documents. 
• Contractor certifications should be provided with the plan check documents. Work may not begin until the required certifications have been verified.

When Do I Submit Forms to CUPA? 

• The Certification of Financial Responsibility form must be submitted annually. 
• The UPC/CUPA forms must be submitted any time there is a change or when the form itself is periodically updated by the state. 
• The Monitoring Plan and Leak Response Plan must be submitted when there is a change. 
• Other forms may be required depending on site circumstances. Your inspector will notify you if a form(s) is required. 

What are the Certification of Financial Responsibility Requirements? 

The state form must be submitted to Environmental Health (CUPA) annually.  The Certification of Financial Responsibility form can be found under Forms in the “CUPA Site Menu."  If the mechanism you choose requires additional documentation (e.g., insurance or CEO/CFO letter), your inspector may request to see it.

Can I fill out the forms myself? Can I designate someone to fill them out on my behalf? 

You may fill the forms out yourself; however, some owners/operators opt to have their forms completed by their environmental staff or someone more familiar with USTs. Much of the information can be found on previously submitted documents, test reports, or in the Environmental Health public records. Your inspector may also be able to help you complete your forms.

What is a Designated UST Operator and what are their responsibilities?

The Designated Operator (DO) is a person or group of people chosen by the facility owner to carry out specific tasks regarding the UST facility. The DO may be a facility owner, operator, employee, or outside contractor. Every DO must pass the California UST System Operator exam in order to conduct designated operator activities. 

Designated Operator responsibilities include, but are not limited to the following: 

• Conducting monthly UST inspections 
• Reviewing the alarm history and ensuring alarms have been properly handled 
• Completing a written report to document the inspection findings 
• Making the facility owner aware of any issues that need additional follow-up 
• Conducting annual employee training and maintaining training records

How do I know if my DO is ICC Certified?

Ask to see their certification card, making sure that the certification has not expired. Click here to verify that your DO’s certification is valid.

What requirements must be meet?

Annually

• Annual certification of the monitoring equipment 
• Spill bucket testing 
• Pipeline integrity testing: required at some sites. Ask your inspector if a line integrity test is required at your site. 
• Employee training conducted by the facility designated operator 
• Submittal of Certification of Financial Responsibility 
• Facility inspection by health inspector. This inspection is often conducted at the same time as the annual monitoring system certification.

Every Three Years

• Secondary containment testing: required at most sites. Ask your inspector if secondary containment testing is required at your site.

What are the responsibilities of a new UST owner?

New UST owners must notify Environmental Health (CUPA) of the change of ownership within 30 days of the transfer. The district inspector will conduct an initial UST inspection to obtain the required information and verify compliance. It is the new owner’s responsibility to make sure periodic testing is conducted at the required intervals. Click here for the required forms.

How long does a new owner have from purchase to notify in CERS?

Within 30 days.

How do obtain a new UST permit?

New owner of UST(s): The new owner/operator of an underground storage tank must notify Environmental Health (CUPA) within 30 days of the change of ownership. The notification is comprised of a set of forms. An inspector will visit the facility to conduct an initial inspection. When all the forms have been reviewed and accepted and the facility has been determined to be in compliance with UST laws and regulations, the district inspector will arrange for issuing the permit to operate. 

New UST installation: After the final installation inspection, the inspector will review the required documents. If all documents have been received and the facility is in compliance with the UST laws and regulations, the district inspector will arrange for the issuance of the permit to operate. 

UST Facilities to whom the permit to operate is NOT issued: Environmental Health (CUPA) issues an annual permit to operate to facilities that are in compliance with the UST laws and regulations. The permit may not be issued if a facility has outstanding violations. Owners and operators of sites that have not received the annual permit should refer to the previously issued inspection reports to determine what compliance issues remain outstanding. Corrective actions should be taken to abate outstanding violations. If there are questions about the violations or actions needed to correct them, contact your district inspector. Once the facility returns to compliance with the UST laws and regulations, the district inspector will arrange for the permit to operate to be issued. 

Modification and Installation Permit: For information regarding UST installation or modification requirements, please refer to the Plan Check and Repairs section. 

Click here for the UST modifications guidance document.

I did not receive my Permit to Operate due to open violations.  What do I do now? 

Unless the facility ceases operation, a violation for operating an underground storage tank without a permit will be cited. Formal enforcement, such as an Administrative Enforcement Order (AEO) or referral to the District Attorney may follow. Tank owners who operate an underground storage tank without a permit to operate are liable for a civil penalty of not less than five hundred dollars ($500) or more than five thousand dollars ($5,000) per tank per day of violation.

How does the permit or plan check process work? 

A “plan check” will need to be submitted to Environmental Health (CUPA). The plan check must include:

• UST Facility Modification Application (FMA)
• Payment of the appropriate fee
• Four (4) copies of a detailed scope of work (including product information)
• Four (4) copies of the facility diagram showing the location of the work to be done
• Additional documentation may be required

The assigned inspector will review the plan, verify contractor credentials, stamp the plans (if approved), keep one set for Environmental Health (CUPA) use, and notify the contact person (whom you have chosen) that the plans have been approved and are ready to be picked up. The plans should then be taken to other designated agencies, such as the local fire department, planning department, etc., for approval. The extent of work to be done and the location of the facility will dictate which agencies will require approval.

For specific requirements of the plan check process, contact the assigned inspector.

Click here for the complete list of inspectors.

How do I know if the repairs I need require a plan check? 

Click here for the UST modifications guidance document.

What testing do I need to have done? 

• The UST monitoring system and spill buckets must be tested annually
• For UST systems that are not programmed for positive shutdown and fail-safe, an annual pipeline integrity test is required
• For tanks installed prior to July 1, 2003, secondary containment testing (SB 989) is required every 36 months
• Underground tanks with single-walled components or unique circumstances may require additional testing. Please contact your inspector for guidance

Underground Storage Tank System Testing Intervals

1. Not required on VPH systems.
2. Only required for single-walled tanks. Interval depends on monitoring plan.
3. For single-walled piping or systems not programmed for positive shutdown and fail safe.

What are testing notification requirements? 

UST owners and/or operators are responsible for notifying Environmental Health (CUPA) of UST testing at least 48 hours prior to testing. This notification allows Environmental Health (CUPA) staff the opportunity to witness the testing. Many testing companies may provide regulatory agency notification as a courtesy service to their clients, but the tank owner and/or operator is ultimately responsible for notification.

Environmental Health (CUPA) accepts notifications via email, fax, and regular mail. Email is preferable, as it allows for easy tracking and reduces paper usage. Confirmation of receipt is provided to all email notifications. Notification may be submitted to any of the following:

• Email: ustnotifications@ochca.com
• Fax: 714-754-1768
• Mailing Address: PO Box 25400, Santa Ana, CA 92705

The 48-hour requirement does not include weekends and holidays. Failure to notify Environmental Health (CUPA) of UST testing may result in the necessity of a retest.