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LG 109-1 Page 1 of <br /> LG 109-1 <br /> REGULATORY STATUS OF FARM TANKS AND HEATING OIL TANKS <br /> (SUPERSEDES LG-109) <br /> July 25, 1994 <br /> To: Local Agencies <br /> This letter clarifies the exemption of farm tanks and home heating oil tanks from state underground <br /> storage tank(UST) regulations. The following topics are discussed: <br /> 1. Definitions of farm tanks and home heating oil tanks; <br /> 2. Examples of exempt tanks; <br /> 3. Conditions under which an exempt tank becomes a regulated tank; and <br /> 4. Tank owner responsibilities if an exempt tank becomes a regulated tank. <br /> 1)Definition of Farm Tanks and Home Heating Oil Tanks (Section 2611 CCR) <br /> a. "Fane tank" means any one tank or a combination of manifolded tanks that 1) are located on a farm; <br /> and 2)hold no more than 1,100 gallons of motor vehicle fuel [MVF] which are used primarily for <br /> agricultural purposes and are not held for resale. <br /> b. "Heating oil tank" means a tank located on a farm or at a personal residence and which holds no more <br /> than 1,100 gallons of home heating oil which is used consumptively at the premises where the tank is <br /> located. <br /> 2)Examples of Exempt Tanks (Section 2621(a) CCR) <br /> All farm tanks and home heating oil tanks which meet the criteria specified in(a) or(b) above are <br /> exempt from state UST regulations. Consequently, installation,operating, and closure requirements do <br /> not apply to these tanks. For example,home heating oil tanks at homes which have converted to <br /> electricity or natural gas for heating purposes are exempt as long as they are not used for a non-exempt <br /> purpose. Also, farm tanks with a capacity of 1,100 gallons or less which store motor vehicle fuel for <br /> agricultural purposes are exempt as long as they are not used for a non-exempt purpose. However,the <br /> State and Regional Water Board's authority,under Section 13304 of the California Water Code,to <br /> require clean up or other pollution prevention measures remains unimpaired if releases from such tanks <br /> threaten water quality. <br /> 3) Conditions Under Which an Exempt Tank Becomes a Regulated Tank <br /> (Section 2621(c) CCR) <br /> An exempt UST may become regulated if a condition allowing its exemption changes. A change in <br /> exemption status can come from any of the following: <br /> a. Property loses its status as a "farm". According to Food and Agricultural Code Sections 52262. and <br /> http://www.swrcb.ca.gov/cwphome/ust/docs/lgs/1g-109-1.html 10/15/2003 <br />