(a) The term “underground storage tank” excludes all of the following, except to the extent they are included in the definition of an underground storage tank in 40 CFR, part 280.12 as modified by paragraphs (b) and (c) of 40 CFR, part 280.10.
(1) A farm tank.
(2) A heating oil tank.
(3) A hydraulic lift tank in accordance with section 25281(y) of the Health and Safety Code.
(4) A liquefied petroleum gas tank.
(5) A liquid asphalt tank.
(6) A septic tank.
(7) A sump, pit, pond, or lagoon.
(8) A wastewater treatment tank that is part of a wastewater treatment facility regulated under section 402 or 307(b) of the Clean Water Act (33 U.S.C. § 1251 et seq.) and is not part of an underground storage tank system.
(9) A pipeline located in a refinery or in an oil field unless the pipeline is connected to an underground storage tank.
(10) Storm water or wastewater collection systems.
(11) Tanks containing radioactive material such as spent fuel pools, radioactive waste storage tanks, and similar tanks under the Atomic Energy Act of 1954 (42 U.S.C. § 2011 et seq.) and following.
(12) An emergency containment tank kept empty to receive accidental spills and approved for such use by the appropriate local agency.
(13) Drums located in basements and which contain 55 gallons or less of a hazardous substance.
(14) Underground storage tanks containing hazardous wastes as defined in section 25316 of the Health and Safety Code if the person owning or operating the underground storage tank has been issued a hazardous waste facilities permit for the underground storage tank by the Department of Toxic Substances Control pursuant to section 25200 of the Health and Safety Code or granted interim status under section 25200.5 of the Health and Safety Code.
(15) A tank and associated piping located in a vault or basement and which meets the requirements of section 25283.5 of the Health and Safety Code.
(16) Any structure specifically exempted by section 25281(y) of the Health and Safety Code.
(b) Sumps which are a part of a monitoring system required under Article 3 are considered part of the secondary containment or leak detection system of the primary containment and are required to meet the appropriate construction criteria.
(c) The owner of a farm or heating oil tank or any tank which is exempt from regulation as an underground storage tank by virtue of its use shall, prior to any change which results in the tank becoming subject to regulation, obtain a valid operating permit.
Credits
Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25281, 25283.5 and 25299.1, Health and Safety Code; and 40 CFR §§ 280.10 and 280.12.
History
1. Renumbering and amendment of former section 2621 to section 2611 and renumbering and amendment of former 2611 of section 2621 filed 8-9-91 as an emergency; operative 8-9-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Register 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment of section heading, text and Note filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
4. Amendment of subsections (a)(3) and (a)(16) filed 12-18-2007; operative 1-17-2008 (Register 2007, No. 51).
5. Amendment of subsections (a), (a)(8), (a)(11) and (a)(14) filed 8-27-2018; operative 10-1-2018 (Register 2018, No. 35).
This database is current through 4/26/24 Register 2024, No. 17.
