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r . STATE WATER kEt,�_,_.,,„ PAUL R. BONDERSON BUILDING � 901 P STREET s _ P.O.BOX 100 / ACRAMENTO,CALIFORNIA 95801 1916) 324-1262 AUG 201985 ENWl IAL r.tALTH F E! 'I /SEnv'ICLS Letter LG-13 Local Implementing Agencies This letter clarifies the definitions of a fans and a sump for the purposes of the underground tank program. Farm The definition of a farm in Section 52262 of the Food and Agriculture Code changed on January 1 , 1985 as a result of AB 2289, Chapter 706 of 1984. The previous definition was: K� "Farm°means, a.place of agricultural production of food orr fiber which has annual- sales:»of�agricultural�-ptoducts of $1,000 or more. The current definition is: "Farm means a place of agriculture which has annual sales of agricultural products of $1 ,000 or more." This change may affect eligibility for the exemptions in Chapter 6.7 , Division 20 of the Health and Safety Code, Section 25281(r) (2) for farm motor vehicle fuel tanks and Section 25281(r) (4) for aviati or motor vehicle fuel within one mile of a farm and used by a licensed pest control operator. Motor vehicle fuel tanks located at farms are exempt from the underground tank law except in cities or counties with pre-January 1 , 1984 ordinances that regulate farm motor vehicle fuel tanks. There is no statutory definition of agriculture. For the purposes of defining a farm for the underground tank program, agriculture is defined- as the culti- vation efined as'the'culti- vation of soil , production. of`crops, and breeding and raising oflivestock. This definition is narrow , in keeping with the legal precedent of limiting the scope of exemptions to statutory requirements. Agricultural businesses such as tree growing and ornamental plant nurseries fall under the definition of a farm. Businesses that process agricultural products, such as cotton gins, I meat packers , grocery stores , and lumber mills do not qualify as farms for the purposes of the underground tank program.