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5 <br /> Local Implementing Agencies -2- <br /> Sump:'v <br /> Section 25281(r) (5) (Health and Safety Code Chapter 6.7 , Division 20) exempts <br /> from the definition of an underground storage tank sumps other than sumps that <br /> are part of a monitoring system required under Section 25291 or 25292. Sumps <br /> that meet the definition of a tank should be regulated as tanks. This definition <br /> contained in Section 25281(p) is: <br /> (p) "Tank" means a stationary device designed to contain an <br /> accumulation of hazardous substances which is constructed <br /> primarily of nonearthen materials (e.g. wood , concrete , <br /> steel , plastic) which provides structural support. <br /> Therefore, sumps that do not store hazardous substances (e.g. , because they are <br /> flow-through components of waste treatment processes) are exempt from the <br /> underground tank law. Also , sumps that lack independent structural integrity <br /> and depend on surrounding earthen materials for structural support of fluid <br /> containment are exempt -from the underground tank law. These latter sumps are <br /> likely to be regulated under the Toxic Pits Act of 1984. <br /> Sincerely , <br /> Edward C. Anton , Chief <br /> Division of Water Quality <br />