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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.O.SOX 944212 <br /> SACRAMENTO,CA 94244-2120 <br /> ( 916 ) 139-4328 <br /> ( 916 ) 739-2300 ( FAX ) <br /> t r L <br /> DEC <br /> ',SEC-1 6 1991 <br /> ciFQNr~ ENTAL (HEALT�i <br /> pLt�h <br /> Ms . Laurie Cotulla, R. E .H . S . <br /> Program Manager <br /> Public Health Services <br /> San Joaquin County <br /> P .O. Box 2009 <br /> 1601 East Hazelton Avenue <br /> Stockton , CA 90201 <br /> Dear Ms. Cotulla <br /> SB 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 2621 ( c ) of Chapter 16 of <br /> the GST recula.tions . Section 2621 ( c ) currently requires an owner <br /> of a farm or heating oil tank . . . which is e-1-cluded from <br /> regulation as an underground storage tank . . . to apply- for an <br /> operating permit if the use of the tank has been 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 exempt from the UST law in its <br /> entirety ( see attachment ) . That is to say, a tank which is <br /> e%empt from permit requirements retains its exempt status through <br /> closure . <br /> Even if previously- exempt 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 AB 1699 ) of the Petroleum UST <br /> Cleanup law specifically excludes all tanks which have a capacity <br /> of 1 , 100 gallons or less and which store 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 , 1980 , 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 />