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§ 2731. Definitions.


Barclays Official California Code of Regulations Currentness
Title 23. Waters
Division 3. State Water Resources Control Board and Regional Water Quality Control Boards
Chapter 17. Underground Tank Tester Regulations
Article 1. General Provisions
23 CCR § 2731
§ 2731. Definitions.
(a) “Address of record” means the address at which the licensee wishes to be contacted by the State Water Board. The address of record is public information.
(b) “Advertisement” means any written or printed communication for the purpose of soliciting, describing, or promoting the licensee's business including a brochure, letter, pamphlet, newspaper, periodical, publication or other writing. Advertisement also includes a radio, television, or similar airwaves transmission, or videotape recording which solicits or promotes the licensee's business. It does not include:
(1) a free directory listing which does not allow space for a license number;
(2) any printing or writing on buildings or vehicles where the purpose of the printing is identification;
(3) any printing, writing, or other communication used in the ordinary course of business where the purpose of the communication is other than solicitation or promotion of business.
(c) “Applicant” means any person who files an application for a tank tester license in accordance with the provisions of section 2761.
(d) “Approved course of study” means a course of study approved by the Division after being recommended by a committee appointed by the Division and which includes, but is not limited to:
(1) General principles of tank and piping testing;
(2) Basic understanding of the mathematics relating to tank testing;
(3) Understanding of test procedures, principles, and equipment;
(4) Knowledge of the regulations and laws pertaining to underground storage tanks;
(5) Proper safety procedures;
(6) Written examination to be administered to each student to determine the student's knowledge and understanding of the course of study material.
Anyone who desires to provide an approved course of study shall furnish the Division with the following material:
(A) An instruction manual proposed for use by the instructor which covers all material and information to be given to students and which is in accordance with the provisions of subdivisions (d)(1)-(6) of this section.
(B) Copies of all handout material to be given to students.
(C) Copies of all video tapes to be used for instructional purposes.
(D) Names, addresses, telephone numbers, and related work experience of each instructor and information as to the subject matter to be taught by each instructor.
(E) Physical location of classroom instruction.
(F) Physical location of underground storage tanks to be used for hands-on training.
(G) A copy of the written examination to be administered to students to determine their knowledge and understanding of the course of study material.
(e) “Assignment” means giving permission to another to use one's license for the purpose of conducting the business of a tank tester, including advertising, billing, and furnishing reports to clients.
(f) “Declarant” means a person who verifies an applicant's tank testing experience by declaring personal knowledge of the experience in writing, under penalty of perjury.
(g) “Direct personal supervision” means the watchful care and inspection of the conduct and performance of a tank tester by a licensee while the licensee and the tank tester are physically located at the work site.
(h) “Division” means the Division of the State Water Board in which the Office of Tank Tester Licensing is located.
(i) “Fraud” or “deception” includes but is not limited to:
(1) knowingly making a false statement relating to the results of a tank integrity test or methods or information obtained in the course of employment;
(2) fabricating evidence;
(3) making a representation that any part of a tank integrity testing method or associated equipment is certified, approved, or in any way sanctioned by the State Water Board unless the method or equipment is actually certified, approved, or sanctioned by the State Water Board;
(4) failing to provide the services for which compensation has been received or which were agreed to by contract;
(5) filing a false tank test report with a state or local agency or tank owner or operator or providing test results for a tank or piping test which was not tested in whole or in part;
(6) manipulating or causing the manipulation of test data including willfully or negligently misreading or misinterpreting test data;
(7) accepting or agreeing to accept compensation for false test results.
(j) “License” means a pocket card issued by the State Water Board which authorizes the licensee to conduct the business of an underground storage tank tester. The license shall contain but not be limited to the following:
(1) a clear, full-face, one inch by one inch color photograph taken within one year immediately preceding the date of filing the application;
(2) the first and last name of the licensee;
(3) the address of record of the licensee;
(4) the license number;
(5) the expiration date of the license.
The license is the property of the State Water Board.
(k) “Licensee” means any person licensed under these regulations as a tank tester and who possesses a current and valid tank tester license issued by the State Water Board.
( l) “Local agency” means the department, office, or other agency of a county or city designated pursuant to section 25283 of the Health and Safety Code.
(m) “Manufacturer” means any business which produces tank integrity testing equipment and which may provide training in the use of that equipment.
(n) “Office of Tank Tester Licensing” means the unit of the Division which exercises the day-to-day functions of the Underground Tank Tester License Program.
(o) “Qualifying Experience” means experience in all aspects of tank integrity testing including personally setting up and operating tank integrity testing equipment, collecting data and producing reports under the direct and personal supervision of a licensed tank tester, during which time training is successfully completed from a manufacturer in the appropriate test procedures.
(p) “State Water Board” as used in these regulations means the five members of the State Water Resources Control Board.
(q) “Tank integrity test” means a tank integrity test as defined in section 2611 of Chapter 16 of the California Code of Regulations.
(r) “Tank tester” means any person who performs integrity tests on underground storage tanks or associated piping.
Note: Authority cited: Section 25284.4, Health and Safety Code. Reference: Sections 25283 and 25284.4, Health and Safety Code.
1. New section filed 3-30-89 as an emergency pursuant to Health and Safety Code section 25284.4(e); operative 3-30-89 (Register 89, No. 14). For prior history, see Register 82, No. 4.
2. Amendment filed 6-6-94; operative 7-6-94 (Register 94, No. 23).
This database is current through 6/17/22 Register 2022, No. 24
23 CCR § 2731, 23 CA ADC § 2731
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