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STATE OF CALIFORNIA PETE WILSON,Governor <br /> STATE WATER RESOURCES CONTROL BOARD <br /> DIVISION OF CLEAN WATER PROGRAMS /`� •, <br /> 2014 T STREET,SUITE 130 <br /> P.D.BOX 944212 �;. "• <br /> SACRAMENTO,CA 94244-2120 <br /> ( 91 6 ) 7319-4328 <br /> 328 <br /> ( 916 ) 739-2300 ( FAQ: ) <br /> 4 LS <br /> _i 6 1991 <br /> r%lViF'I`li IMIEINTAL ri ALTtli <br /> f"' T <br /> Ms . Laurie Cotulla , F. E.u. S . <br /> Program Mana!zer <br /> Public Health Services <br /> San Joaquin County <br /> P. O. Box 2,009 <br /> 1601 East Hazelton r.venue <br /> Stockton, CA 95201 <br /> Dear Ms . Cotulla <br /> SS 2004 ELIGIBILITY <br /> This letter responds to your December 2 , 1991 letter requesting <br /> clarification of the SE 2004 eligibility- status of owners of <br /> previously exempt farm tanks who have complied with the recently <br /> adopted provisions contained in Section 9-6221 ( c ) of Chapter 16 of <br /> the GST regulations . Section 2621 ( c ) currently requires an o:.ner <br /> of a farm or heatinz oil tank . , . which is e�zcluded from <br /> regulation as an underground storage tank . . . to apply* for an <br /> operating permit if the use of the tank has beer, changed or to <br /> close the tank in accordance with Article 7 if use of the tank <br /> has been discontinued . <br /> Based on correspondence received from the Legislature , the State <br /> Board intends to delete this requirement for home heating fuel <br /> and farm tanks taken out of use , because the Legislature intended <br /> that these tanks should be e:zempt from the U-ST law in its <br /> entirety ( see attachment ) . That is to say, a tank which. is <br /> exempt from permit requirements retains its exempt status through <br /> closure . <br /> Even if previously- e:zempt farm tanks have been inappropriately- <br /> required to comply with UST permit and closure requirements , this <br /> does not improve the SB 2004 eligibility- status of such tanks . <br /> Section 25299 . 54 ( e ) ( as amended by AA 1699 ) of the Petroleum LST <br /> Cleanup law specifically excludes all tanks which have a capacity <br /> of 1 , 100 gallons or less and which stare motor vehicle fuel or <br /> home heating oil for consumptive use on the premises where <br /> stored , if the tank is located on property which, on or after <br /> January 1 , 1985 , was used for agricultural purposes . A statutory- <br /> amendment , changing the above stated provisions , would be <br /> required to permit these tank owners to participate in the <br /> Cleanup Fund . <br />