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STATE .OF CALIFORNIA <br /> GEORGE OEII KM E JIA N. Governor <br /> STATE WATER RESOURCES CO OL BOARD <br /> DIVISION OF LOANS AND GRANTS <br /> 2014 T STREET <br /> P.O. BOX 944212 <br /> SACRAMENTO, CA 94244-2120 <br /> (916) 739-4436 u u d <br /> MAY 2 21989 <br /> MAY 1 g 1989 <br /> ENVIRONMENTAL HEALTH <br /> PERMIT I SERVICES <br /> r <br /> Mr. Jaime Favila <br /> Environmental Health Division <br /> San Joaquin Local Health District <br /> P.O. Box 2009 <br /> Stockton, CA. 95201 <br /> Dear Mr. Favila: <br /> REGULATION OF OWENS-ILLINOIS CONTAINERS <br /> We are responding to your May 5, 1989 request for an opinion on whether the <br /> containers called Quench Water Recirculation Sumps at the Owens-Illinois <br /> Plant in Tracy are subject to regulation as Underground Storage Tanks (USTs). <br /> Four requirements must be satisfied before a particular container is <br /> considered an UST subject to regulation: <br /> 1) The container must process or contain a hazardous material <br /> that is subject to regulation. <br /> 2) The container must store or contain the hazardous material. <br /> 3) The container must provide structural support, and <br /> 4) The container must be underground. <br /> The first requirement was addressed in your district's June 2, 1988 letter to <br /> Owens-Illinois. We concur with your assessment that regulation of the <br /> containers called Quench Water Recirculation Sumps as USTs depends on a <br /> determination that the material stored in the containers is hazardous per <br /> California Code of Regulations 22-66305. <br /> I <br /> The last three requirements deal with the general definition of an UST <br /> subject to regulation as detailed in Section 25281 of the Health and Safety <br /> Code. The definition of a tank in Section 25281(q) covers the second and <br /> third requirements. <br /> "Tank" means a stationary device designed to contain an accumulation of <br /> hazardous substance which is constructed primarily of nonearthern materials <br /> (e.g. , wood, concrete, steel, plastic) which provides structural support." <br />