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Reg Ref 3.3 <br /> HEALTH AND SAFETY CODE <br /> SECTION 25270-25270.13 <br /> 25270. This chapter shall be known and may be cited as the Aboveground <br /> Petroleum Storage Act. <br /> 25270.2. For purposes of this chapter, the following definitions apply: <br /> (a) "Aboveground storage tank" or "storage tank" means a tank that has the <br /> capacity to store 55 gallons or more of petroleum and that is substantially or <br /> totally above the surface of the ground. <br /> "Aboveground storage tank" does not include any of the following: <br /> (1) A pressure vessel or boiler that is subject to Part 6 (commencing with <br /> Section 7620) of Division 5 of the Labor Code. <br /> (2) A tank containing hazardous waste, as defined in subdivision <br /> (q)of Section 25316, if the Department of Toxic Substances Control has issued <br /> the person owning or operating the tank a hazardous waste facilities permit for <br /> the storage tank. <br /> (3) An aboveground oil production tank that is subject to Section 3106 of <br /> the Public Resources Code. <br /> (4) Oil-filled electrical equipment, including, but not limited to, <br /> transformers, circuit breakers, or capacitors, if the oil-filled electrical <br /> equipment meets either of the following conditions: <br /> (A) The equipment contains less than 10, 000 gallons of dielectric fluid. <br /> (B) The equipment contains 10, 000 gallons or more of dielectric fluid with <br /> PCB levels less than 50 parts per million, appropriate containment or <br /> diversionary structures or equipment are employed to prevent discharged oil <br /> from reaching a navigable water course, and the electrical equipment is <br /> visually inspected in accordance with the usual routine maintenance procedures <br /> of the owner or operator. <br /> (5) A tank regulated as an underground storage tank under Chapter 6.7 <br /> (commencing with Section 25280) and Chapter 16 (commencing with Section 2610) <br /> of Division 3 of Title 23 of the California Code of Regulations. <br /> (6) Any transportation-related tank facility, subject to the authority and <br /> control of the United States Department of <br /> Transportation, as defined in the Memorandum of Understanding between the <br /> Secretary of Transportation and the Administrator of the United <br /> States Environmental Protection Agency, dated November 24, 1971, set forth in <br /> Appendix A to Part 112 (commencing with Section 112.1) of Subchapter D of <br /> Chapter I of Title 40 of the Code of Federal Regulations. <br /> (b) "Board" means the State Water Resources Control Board. <br /> (c) (1) "Certified Unified Program Agency" or "CUPA" means the agency <br /> certified by the Secretary for Environmental Protection to implement the <br /> unified program specified in Chapter 6. 11 (commencing with Section 25404) <br /> within a jurisdiction. <br /> (2) "Participating Agency" or "PA" means an agency that has a written <br /> agreement with the CUPA pursuant to subdivision (d) of <br /> Section 25404.3, and is approved by the secretary, to implement and enforce the <br /> unified program element specified in paragraph (2) of subdivision (c) of <br /> Section 25404, in accordance with Sections 25404 . 1 and 25404 .2. <br /> (3) (A) "Unified Program Agency" or "UPA" means the CUPA, or its <br /> participating agencies to the extent that each PA has been designated by the <br /> CUPA, pursuant to a written agreement, to implement and enforce the unified <br /> program element specified in paragraph (2) of subdivision (c) of Section 25404 , <br /> The UPAS have the responsibility and authority, to the extent provided by this <br /> chapter and Sections 25404 . 1 and 25404 .2, to implement and enforce the <br /> requirements of this chapter. <br />