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Business Taxes Law Guide—Revision 2024
Underground Storage Tank Maintenance Fee Law
Health and Safety Code
Division 20. Miscellaneous Health and Safety Provisions
Chapter 6.7. Underground Storage of Hazardous Substances
Section 25285
25285. Permit; term; inspection; fee and surcharge. (a) Except as provided in Section 25285.1, a permit to operate issued by the local agency pursuant to Section 25284 shall be effective for five years. This subdivision does not apply to unified program facility permits.
(b) A local agency shall not issue or renew a permit to operate an underground storage tank to either of the following:
(1) A person operating an underground storage tank while a red tag is affixed pursuant to Section 25292.3.
(2) (A) Except as provided in subparagraph (B), a facility while that facility is subject to an enforcement action seeking to impose administrative liability, civil liability, or criminal liability, pursuant to this chapter or any regulation implementing this chapter, unless the underlying violation or violations that are the subject of that enforcement action have been corrected or otherwise resolved to the satisfaction of the local agency.
(B) A local agency may, but is not required to, issue a permit or renew a permit for a facility, after consultation with the board, while that facility is subject to an enforcement action, as described in subparagraph (A), if the facility is appealing, petitioning, or otherwise seeking reconsideration of the enforcement action.
(c) Except as provided in Section 25404.5, a local agency shall not issue or renew a permit to operate an underground storage tank to any person who has not paid the fee and surcharge required by Section 25287.
History—Stats. 2018, Ch. 721 (AB 2902), in effect January 1, 2019, substituted "to either of the following" for "if the local…with this chapter" in subdivision (b), and added paragraphs (b)(1), (b)(2), and (b)(2)(B).