California Underground Storage Tank Service Technician Health & Safety Code § 25290.2 Attorney Fee Petition Mechanics: SWRCB UST Program Certified Technician List as Primary Welch Anchor (THE ONLY § 25290.2 UST Service Technician Page — DISTINCT FROM CSLB C-36 Plumbing Contractor, CSLB C-57 Well Drilling Contractor, and CSLB C-10 Electrical Contractor; Petroleum Equipment Institute PEI RP100-2020 Advisory [PURE KETCHUM]; American Petroleum Institute API Standard 1631-2001 Advisory [PURE KETCHUM]; TWO PRIVATE STANDARDS ON ONE PAGE), CCP § 1021.5 Private Attorney General Mandatory Attorney Fees

Statutory Framework: Health & Safety Code § 25290.2 and SWRCB UST Program Certification — UST Service Technician Requirements, Scope of Practice, PEI RP100-2020 [PURE KETCHUM], API Standard 1631-2001 [PURE KETCHUM], and CCP § 1021.5 Mandatory Attorney Fees

California Health & Safety Code § 25290.2 — within the Underground Storage of Hazardous Substances Act (§§ 25280–25299.8), administered by the State Water Resources Control Board (SWRCB) UST Program — requires that any person who installs, repairs, upgrades, tests, or closes an underground storage tank system containing petroleum products or hazardous substances hold a current UST Service Technician Certification issued by the SWRCB. Section 25292 requires that all UST system components, including tanks, piping, overfill protection devices, spill containment equipment, and leak detection systems, be installed and tested by a certified UST service technician. Section 25299 authorizes civil penalties against persons who perform UST service work without the required SWRCB certification. A person who performs UST installation, lining, tightness testing, or closure work without the required SWRCB UST Service Technician Certification commits § 25290.2 unlicensed UST service, actionable under CCP § 1021.5 when the litigation enforces UST certification as a public right protecting California groundwater and soil from uncertified underground storage tank work. Primary Welch anchor: SWRCB UST Program certified service technician list searchable at waterboards.ca.gov by technician name and certificate number.

PETROLEUM EQUIPMENT INSTITUTE PEI RP100-2020 RECOMMENDED PRACTICES FOR INSTALLATION OF UNDERGROUND LIQUID STORAGE SYSTEMS FOR MOTOR VEHICLE FUELING ADVISORY — THE ONLY PAGE IN THE FEE-PETITION-MECHANICS SERIES WITH A PEI RP100 ADVISORY — PURE KETCHUM: The Petroleum Equipment Institute (PEI, founded 1951, Tulsa OK) is a private nonprofit trade association and standards development organization for the petroleum marketing equipment industry. PEI RP100 (Recommended Practices for Installation of Underground Liquid Storage Systems for Motor Vehicle Fueling) is the primary installation standard for underground fuel storage systems at motor vehicle fueling facilities and is widely adopted by reference in SWRCB UST Program regulations and local CUPA enforcement guidance as the recognized industry standard for certified UST installation practice. Key PEI RP100-2020 requirements applicable to UST service technician practice include: (1) Section 4 — excavation preparation and bedding requirements specifying a minimum 6 inches of compacted backfill material meeting the tank manufacturer’s specification beneath and surrounding the tank, with compaction by hand tamping in lifts not to exceed 6 inches to prevent uneven bearing that could stress the tank shell; (2) Section 6 — tank installation procedures including overfill protection device installation requirements specifying that a float-operated overfill prevention valve or flow-restrictor be installed in the fill riser of all tanks with a capacity greater than 110 gallons, positioned to trigger at 90% of tank capacity, and that a spill containment bucket with a minimum 5-gallon liquid capacity be installed at the fill riser to contain incidental spills during product delivery operations; and (3) Section 11 — interstitial integrity testing requiring that after installation of each double-wall underground storage tank the certified technician apply a vacuum of 3–5 psig to the annular interstitial space between the primary and secondary walls and hold the test pressure for a minimum of 2 hours with no more than 0.5 psig pressure decay to confirm interstitial space integrity before tank backfill, with written documentation of test pressure, post-test pressure, total pressure decay, duration, ambient temperature, and the technician’s SWRCB certificate number. PEI RP100-2020 is a private standard; it creates no statutory private right of action and no mandatory civil fee-shifting. It is a PURE KETCHUM advisory used in the CCP § 1021.5 lodestar declaration documenting UST installation practice deviations.

AMERICAN PETROLEUM INSTITUTE API STANDARD 1631-2001 INTERIOR LINING AND PERIODIC INSPECTION OF UNDERGROUND STORAGE TANKS ADVISORY — THE ONLY PAGE IN THE FEE-PETITION-MECHANICS SERIES WITH AN API STANDARD 1631 ADVISORY — PURE KETCHUM: The American Petroleum Institute (API, founded 1919, Washington DC) is a private nonprofit standards organization for the petroleum and natural gas industries. API Standard 1631 (Interior Lining and Periodic Inspection of Underground Storage Tanks, 5th Edition, 2001) is the recognized industry standard for internal inspection methodology and interior lining application procedures for underground storage tanks and is referenced in SWRCB UST Program technical guidance as the accepted standard of practice for UST lining operations. Key API Standard 1631 requirements applicable to UST service technician practice include: (1) Section 5 — internal inspection methodology requiring that before any interior lining application the certified inspector perform a visual inspection of all internal surfaces for evidence of corrosion, pitting, and structural defects, followed by mandatory ultrasonic testing (UT) thickness measurements of the tank shell bottom at a minimum 12-inch grid spacing across the entire bottom surface to quantify general corrosion loss and identify localized corrosion pitting; localized pitting depth must be measured by pit gauge and documented; tanks with general corrosion reducing remaining wall thickness below the API acceptance criteria, or with pitting reducing local thickness below the minimum acceptable thickness, shall not be lined and must be removed from service; (2) Section 6 — lining material application procedures specifying that tank interior surfaces must be prepared to a minimum SSPC-SP 6 (commercial blast) surface profile prior to primer and lining application; lining materials must be applied per manufacturer’s procedures for film thickness, ambient temperature, and dew point conditions; and (3) Section 7 — post-application testing requiring that after lining cures, the completed lining be subjected to a holiday detector electrical continuity test at 100 volts per mil of lining thickness across the entire lined surface to confirm absence of pinholes or voids in the lining before the tank is returned to service. API Standard 1631 is a private standard; it creates no statutory private right of action and no mandatory civil fee-shifting. It is a PURE KETCHUM advisory used in the CCP § 1021.5 lodestar declaration documenting UST lining practice deviations.

Three-Track Harm: Double-Wall Fiberglass Tank PEI RP100 Interstitial Vacuum Test Omitted 18,000 Gallons Gasoline Released RWQCB Cleanup Order ($285K), Single-Wall Steel Diesel Tank API 1631 UT Thickness Survey Omitted Lining Disbond Release Permit Suspension ($195K), and Overfill Protection Device Not Installed PEI RP100 Section 6 Spill to Storm Drain SWRCB Administrative Civil Liability ($95K)

• UNCERTIFIED UST SERVICE TECHNICIAN AT STOCKTON SAN JOAQUIN COUNTY PETROLEUM MOTOR FUEL RETAIL FACILITY (SWRCB UST PROGRAM CONFIRMS NO CURRENT SWRCB UST SERVICE TECHNICIAN CERTIFICATION) INSTALLS 12,000-GALLON DOUBLE-WALL FIBERGLASS REINFORCED PLASTIC (FRP) PREMIUM UNLEADED GASOLINE UST WITHOUT PERFORMING PEI RP100-2020 SECTION 11 VACUUM PRESSURE INTERSTITIAL SPACE INTEGRITY TEST BEFORE TANK BACKFILL — PEI RP100 SECTION 11 REQUIRES THAT AFTER INSTALLATION OF EACH DOUBLE-WALL TANK THE CERTIFIED TECHNICIAN APPLY A 3–5 PSIG VACUUM TO THE ANNULAR INTERSTITIAL SPACE AND HOLD THE TEST PRESSURE FOR A MINIMUM OF 2 HOURS WITH NO MORE THAN 0.5 PSIG PRESSURE DECAY TO CONFIRM THAT THE INTERSTITIAL SPACE IS INTACT BEFORE BACKFILL BURIES THE TANK — UNCERTIFIED TECHNICIAN BACKFILLS WITHOUT CONDUCTING INTERSTITIAL TEST — IMPACT DAMAGE TO SECONDARY WALL DURING INSTALLATION CREATED A 3.5-INCH DELAMINATION IN THE OUTER FRP WALL — TANK PRIMARY WALL DEVELOPS HAIRLINE STRESS CRACK AT 14 MONTHS — APPROXIMATELY 18,000 GALLONS REGULAR UNLEADED GASOLINE RELEASED THROUGH PRIMARY WALL INTO VADOSE ZONE OVER 14 MONTHS WITHOUT INTERSTITIAL SPACE ALARM ACTIVATION — NEIGHBORING PROPERTY GROUNDWATER WELL DETECTS BTEX HYDROCARBONS — RWQCB CLEANUP AND ABATEMENT ORDER PURSUANT TO WATER CODE § 13304 — $285,000 REMEDIATION COST RECOVERY AND SWRCB ADMINISTRATIVE CIVIL LIABILITY. A San Joaquin Valley motor fuel retail facility owner hired an individual representing himself as an experienced UST installer to install a 12,000-gallon double-wall fiberglass reinforced plastic underground storage tank for premium unleaded gasoline service; a SWRCB UST Program database search at waterboards.ca.gov confirms that the individual held no current SWRCB UST Service Technician Certificate during the installation period, having allowed his certificate to lapse two years prior. PEI RP100-2020 Section 11 is the industry-standard safety check that exists precisely to detect installation-induced damage to the secondary containment wall before backfill permanently buries the tank: by applying a vacuum to the interstitial annular space and monitoring for pressure decay over a minimum 2-hour hold period, the certified technician can identify any delamination, crack, or penetration in either the primary or secondary FRP wall that would prevent the interstitial space from functioning as secondary containment; the uncertified installer, unaware of or indifferent to the PEI RP100 Section 11 requirement, proceeded directly to backfill without performing the interstitial vacuum test, foregoing the only opportunity to detect that a 3.5-inch impact delamination in the outer FRP wall had occurred during tank lowering. When the primary wall developed a hairline stress crack from differential settlement at 14 months, the interstitial space — compromised by the undetected delamination — could not contain the release, and approximately 18,000 gallons of unleaded gasoline migrated through the vadose zone over the following 14 months until a neighboring property owner detected BTEX hydrocarbons in his domestic water well, triggering a RWQCB Cleanup and Abatement Order with estimated remediation costs and SWRCB Administrative Civil Liability totaling $285,000; had the uncertified installer performed the PEI RP100 Section 11 interstitial vacuum test, the delamination would have been detected during installation and the tank replaced before backfill, preventing the release entirely.
• UNCERTIFIED UST SERVICE TECHNICIAN AT FRESNO COUNTY COMMERCIAL DIESEL TRUCK STOP FACILITY PERFORMS INTERNAL INSPECTION AND EPOXY LINING APPLICATION ON EXISTING SINGLE-WALL STEEL DIESEL UNDERGROUND STORAGE TANK WITHOUT PERFORMING API STANDARD 1631-2001 SECTION 5 MANDATORY UT THICKNESS GRID MEASUREMENT SURVEY OF TANK SHELL BOTTOM BEFORE LINING APPLICATION — API 1631 SECTION 5 REQUIRES THAT BEFORE ANY INTERIOR LINING APPLICATION THE INSPECTOR PERFORM ULTRASONIC THICKNESS MEASUREMENTS OF THE TANK BOTTOM AT MINIMUM 12-INCH GRID SPACING ACROSS THE ENTIRE BOTTOM SURFACE TO IDENTIFY LOCALIZED CORROSION PITTING AND CONFIRM THAT REMAINING WALL THICKNESS AT ALL LOCATIONS MEETS THE MINIMUM ACCEPTABLE THICKNESS CRITERIA — UNCERTIFIED TECHNICIAN PERFORMS VISUAL INSPECTION ONLY WITHOUT UT MEASUREMENTS — LINING APPLIED OVER THREE LOCALIZED BOTTOM CORROSION PITS (MINIMUM REMAINING THICKNESS 0.030 INCHES VS 0.100-INCH MINIMUM API ACCEPTANCE CRITERION) — EPOXY LINING DISBONDS FROM CORRODED SURFACE AT PIT LOCATIONS WITHIN 8 MONTHS OF APPLICATION — PRODUCT RELEASE THROUGH DISBONDED AREAS — SWRCB UST PROGRAM EMERGENCY PERMIT SUSPENSION — 34-DAY FACILITY CLOSURE DURING TANK REMOVAL AND REPLACEMENT — $195,000 TANK REPLACEMENT AND SITE ASSESSMENT COSTS. A Fresno County commercial truck stop operator contracted an individual to perform internal inspection and epoxy lining of a 10,000-gallon single-wall steel diesel underground storage tank as part of a tank upgrade program to extend service life; a SWRCB UST Program database search confirms the individual held no current SWRCB UST Service Technician Certificate during the lining work. API Standard 1631 Section 5 exists because epoxy lining cannot bond to, reinforce, or bridge actively corroded steel surfaces: at areas of localized pitting where remaining wall thickness has fallen below the minimum API acceptance criterion of 0.100 inch, the corroded steel surface lacks the structural integrity to support an adhered lining under the thermal cycling and hydrostatic loading of active fuel service; the UT thickness grid measurement survey at 12-inch spacing is the only method capable of quantitatively mapping remaining thickness across the entire tank bottom to identify these critical areas before lining proceeds; the uncertified technician performed only a visual inspection, which cannot detect subsurface corrosion loss beneath intact mill scale, and applied the epoxy lining system directly over three bottom pit locations where remaining thickness measured 0.030 inches — one-third of the 0.100-inch API minimum — without documenting or rejecting the tank. Within 8 months of the lining application, differential thermal expansion and hydrostatic loading caused the epoxy lining to disbond from the three pit locations, exposing the corroded steel to the diesel product and creating product release pathways through the disbonded areas; the SWRCB UST Program issued an emergency permit suspension requiring the facility to immediately cease diesel dispensing operations, and the operator incurred 34 days of closure during emergency tank removal, site assessment, and replacement, with total costs of $195,000; had the uncertified technician performed the API 1631 Section 5 UT thickness grid survey, the three substandard pits would have been identified and the tank would have been removed from service rather than lined, and the release and closure would not have occurred.
• UNCERTIFIED UST SERVICE TECHNICIAN AT SAN BERNARDINO COUNTY FUEL ISLAND EXPANSION PROJECT INSTALLS 6,000-GALLON DOUBLE-WALL FRP DIESEL UST WITHOUT INSTALLING AN OVERFILL PREVENTION DEVICE AS REQUIRED BY CALIFORNIA HEALTH AND SAFETY CODE SECTION 25292 AND PEI RP100-2020 SECTION 6 — H&S CODE SECTION 25292 REQUIRES THAT ALL UNDERGROUND STORAGE TANKS HAVE AN APPROVED OVERFILL PREVENTION DEVICE INSTALLED AS A CONDITION OF PERMIT — PEI RP100 SECTION 6.3 SPECIFIES INSTALLATION REQUIREMENTS FOR FLOAT-OPERATED SHUT-OFF VALVES OR FLOW-RESTRICTORS POSITIONED TO TRIGGER AT 90% TANK CAPACITY — UNCERTIFIED TECHNICIAN INSTALLS TANK WITHOUT OVERFILL DEVICE AND SPILL CONTAINMENT BUCKET AT FILL RISER — DURING FIRST PRODUCT DELIVERY OPERATOR OVERFILLS TANK BY 480 GALLONS — DIESEL FUEL OVERFLOWS FILL RISER — APPROXIMATELY 200 GALLONS ENTER STORM DRAIN INLET AT CURB — REGIONAL WATER QUALITY CONTROL BOARD REPORTS PETROLEUM SHEEN ON DOWNSTREAM WATER — SWRCB ADMINISTRATIVE CIVIL LIABILITY ORDER PURSUANT TO WATER CODE § 13350 — $95,000 PENALTY AND MANDATORY CORRECTIVE ACTION PLAN. A San Bernardino County commercial fleet operator added a fuel island to an existing truck maintenance facility, contracting an individual who held no current SWRCB UST Service Technician Certificate — confirmed by SWRCB UST Program database search at waterboards.ca.gov — to install a new 6,000-gallon double-wall FRP diesel underground storage tank. H&S Code § 25292 conditions the UST operating permit on installation of an approved overfill prevention device; PEI RP100-2020 Section 6.3 specifies that the float-operated overfill prevention device must be installed in the fill riser and set to trigger at 90% tank capacity (5,400 gallons for a 6,000-gallon tank), with a 5-gallon minimum spill containment bucket at the fill riser to capture incidental spills during delivery operations. The uncertified technician installed the tank, fill riser, and vent line but did not install the overfill prevention device or spill containment bucket, leaving the fill riser open with no mechanism to interrupt product flow at 90% capacity. During the first diesel delivery, the delivery driver relied on the non-existent automatic shut-off to stop product flow; the tank was overfilled by 480 gallons before the driver manually shut off the pump, and diesel fuel overflowing the uncapped fill riser cascaded across the concrete pad, with approximately 200 gallons entering a nearby storm drain inlet and flowing to a downstream detention basin where the Santa Ana Regional Water Quality Control Board detected a visible petroleum sheen; the SWRCB issued an Administrative Civil Liability Order pursuant to Water Code § 13350 with a $95,000 penalty and mandatory corrective action plan requiring removal and remediation of the impacted storm drain infrastructure. Had the uncertified technician installed the H&S Code § 25292 and PEI RP100 Section 6.3 required overfill prevention device, the automatic shut-off at 90% tank capacity would have prevented the overfill event entirely, and no release would have occurred.

Distinct From CSLB C-36 Plumbing Contractor, CSLB C-57 Well Drilling Contractor, and CSLB C-10 Electrical Contractor

• DISTINCT FROM CSLB C-36 Plumbing Contractor license — A C-36 Plumbing Contractor license authorizes a licensed business entity to install and repair plumbing systems including water supply, drain, waste, and vent piping in buildings; a C-36 contractor does not hold a SWRCB UST Service Technician Certification and is not authorized to perform UST installation, interstitial testing, interior lining, tightness testing, or closure under H&S Code § 25290.2; UST work requires individual SWRCB UST Service Technician Certification regardless of CSLB contractor license category: the § 25290.2 fee petition requires confirming the absence of a valid SWRCB UST Service Technician Certificate for the individual who personally performed the UST work at issue, not merely whether a C-36 plumbing contractor was listed on the project; CSLB C-36 licensure of a contracting entity does not cure a § 25290.2 violation by an individual performing UST service without individual SWRCB certification.
• DISTINCT FROM CSLB C-57 Well Drilling Contractor license — A C-57 Well Drilling Contractor license authorizes a licensed business entity to construct and repair water wells, cathodic protection wells, and geothermal exchange wells; a C-57 contractor does not hold a SWRCB UST Service Technician Certification and is not authorized to perform UST installation, lining, tightness testing, or closure; UST installation, testing, and closure under H&S Code § 25290.2 are not authorized activities under a C-57 license: the § 25290.2 fee petition targets the uncertified UST service technician who performed UST system work, not a well drilling contractor performing well construction; CSLB C-57 licensure does not authorize any aspect of underground storage tank installation, testing, or decommissioning practice regulated by the SWRCB UST Program under § 25290.2.
• DISTINCT FROM CSLB C-10 Electrical Contractor license — A C-10 Electrical Contractor license authorizes a licensed business entity to perform electrical wiring work including cathodic protection system electrical connections, submersible pump wiring, and automatic tank gauge system electrical installations at fueling facilities; a C-10 contractor may perform cathodic protection electrical connections and electronic monitoring equipment electrical work but does not hold a SWRCB UST Service Technician Certification to perform tank installation, internal lining, tightness testing, or closure; uncertified UST service work violates § 25290.2 regardless of any C-10 electrical license held by the performing party: the § 25290.2 fee petition identifies the individual who performed the UST mechanical installation, lining, or testing work — confirmed by SWRCB UST Program database search at waterboards.ca.gov — as the uncertified party, separate and distinct from any C-10 electrical subcontractor who may have performed lawful electrical work at the same facility.

Billing Gaps 1–3 Summary (13.25 hrs/yr = $3,975–$6,625/yr)

Frequently Asked Questions