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<br /> § 25281 TH AND SAFETY CODE TH AND SAFETY COD
<br /> hazardous wastes in an underground storage tank if the person operating the tank has been issued a "
<br /> hazardous waste facilities permit by the department pursuant to Section 25240 or granted interim status tat due diligence: How to
<br /> under Section 25200.5. real estate transactions Patrick
<br /> « « s J.McFarland,14 L.A.Law.22(Jai
<br /> of selected 1994 California legis
<br /> (t) "Tank" means a stationary device designed to contain an accumulation of hazardous substances 202(19M•
<br /> which is constructed primarily of nonearthen materials(e.gwood,concrete,steel,plastic)which provides
<br /> structural support Implementation of chaps
<br /> (u) "Tank integrity test"means a test method capable of detecting an unauthorized release from an a Itl This chapter shall be implen
<br /> underground storage tank consistent with the minimum adopted by the board.
<br /> (v) `Tank tester"means an individual who performs tank integrity teats on underground storage tanks. there is a CUPA,the uni5a
<br /> (w) "Unauthorized'release"means any release of any hazardous substance which does not conform to if there is no CUPA,by one
<br /> this chapter,including,but not limited to,an unauthorized release specified in Section 2629 A unless this
<br /> release is authorized by the board or a regional board pursuant to Division 7(commencing with Section Before Jan 1 1997 the co
<br /> 13000) of the Water Code. pn and after Jan 1 1997
<br /> (xX1) "Underground storage tank"means any one or combination of tanks,including pipes connected :". AL—Before January 1, ]
<br /> thereto, which is used for the storage of hazardous substances and which is substantially or totally a
<br /> beneath the surface of the ground. "Undergrounds tank"does not include any of the following rust 'ty for a impiementatio
<br /> >f-so,shall have exclusive jurisd
<br /> (A) A tank with a capacity of 1,100 gallons or less which is located on a farm and which stores motor r®lap , ' « The ordinance
<br /> vehicle fuel used primarily for agricultural purposes and not for resale. and the tions and
<br /> Im
<br /> (B) A tank which is located on a farm or at the residence of a person,which has a capacity of 1,100 to January 1, 1990, was exec
<br /> gallons or less, and which stores home heating of for consumptive use on the premises where stored Y `�
<br /> its
<br /> boundaries,for the pnrpc
<br /> (C) Structures,such as APs,separators,storm drains,catch basins,ori field gathering lines,refinery .No a ma assume res m
<br /> pipelines,lagoons,evaporation ponds,well cellars,separation sumps,lined and unlined pita,sumps and on or ore July 1 WS
<br /> lagoons. Sumps which are a part of a monitoring system required under Section 25291 or 25292 and -
<br /> sumps or other structures defined as underground storage tanks under the federal act are not exempted G A ci s authorization for im
<br /> by this subparagraph. a onl until a UPA is certified
<br /> (D) « « «A tank holding hydraulic fluid for a closed loop mechanical system that uses compressedair 997 the res nsible fo
<br /> ureuant to all
<br /> or hydraulic fluid to operate lifts,elevators,and other similar devices. urize� h ivision
<br /> (2) Structures identified in sub (C)and(D)of paragraph(1)may be regulated by the board )'` « ' If there is no CUPA
<br /> and any regional board pursuant to the Porter-Cologne Water Quality Control Act(Division 7(comment- h 2 of sub 'vision a0
<br /> ing with Section.13000) of the Water Code)to ensure that they do not pose a threat to water quality. as a case ma be as a to
<br /> y� :«-Aursuant to subdivision a
<br /> (y) "Underground tank system" or "tank system" means an underground storage tank, connected t to* « « (2)of
<br /> piping,ancillary equipment,and containment system,if any. entang ter 6.95 (come
<br /> � Chap
<br /> (z)(1) "Unified DroM1=facli means all cwn' ous land and structures other a urtenane es and g and enforcing this <
<br /> im ements on the landch are subject to the requirements,of (3)of subdivision(c)of effect onl ental a CUPA is certifie
<br /> - 1997 a res nsib e
<br /> Section 25404. ursuant to subdivision
<br /> (2) "Unified-a R2rpgf means a t issued pursmt to ter 6.11(comm 'c 1f the n which receiv
<br /> with on 25404) and which encompassesthe re cuts of n 26284 ws or is ed before
<br /> (3) "Permit:"means a R20Lt issued to Section 25284 or a unified Proamin facility permit as rior to the
<br /> defin in•paragraph (2). enfo enforcing this chaptex until a
<br /> (Amended by Stats-1992,c.654(A.BM89),§ 2,eff..Sept 14,1992; Stats-1993,c.•432(A.B.1061),§ 2,el
<br /> Sept.24,1993; Stats.1994,c.1200(S.B.469),§ 35,eft Sept 30,1994; Stats.1995,c.639(S3.1191),§ 52.) Revenue from fees collected
<br /> Historical and Statutory Notes and county based upon whey
<br /> ended by Stats-1995,c 639
<br /> 1993 Legislation "(b)An estimate of the number of these tanks that have
<br /> (:
<br /> Section 11 of Stats.1993, c 432 (A.B.1061), provides: leaked hydraulic Thud into the environment >"
<br /> "On or before January 1, 1995, the State Water Re- "(c)An evaluation of the types of dangers to the envi-
<br /> sources Control Board shall submit a report to the Legis- runment posed by tanks leaking hydraulic fluid. Legislation '
<br /> lature regarding whether the temporary exemption in the intent relating to Stats
<br /> definition of underground storage tank in Section 26281 of '(d)An assessment as to whether the danger posed by 1),see Historical and Statutory 11
<br /> the Health and Safety Code for tanks holding hydraulic ling hydraulic fluid tanks Justifies their regulation y Code§ 13148.10.
<br /> fluid for a closed loop mechanical system that uses ewm- pursuant to Chapter 6.7(commencing with Section 25280) i,., .
<br /> pressed air or hydraulic fluid to operate lifts,elevators, of Division 20 of the Health and Safety Code." rt>_
<br /> and other similar devices should be permanently enactede25284. Permit to own or ops
<br /> 19951'egialation
<br /> into law. The report shall address all of the following. requirements
<br /> "(a) The number of tanks holding hydraulic fluid that Legislative intent relating to Stats.1995, c with requirem
<br /> 639 (S.B. providedin sti
<br /> are in operation in the state,are no longer in use,or are 1191),see Historical and.Statutory Notes under Health (a)(12 Except as
<br /> abandoned. and Safety Code§ 13143.10.. rage tank unless a permit fo
<br /> Additions or changes indicated by underline; deletions by asterisks *.t " " Additions or change
<br /> 110
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