(a) "
Gallon" means
the United States
gallon of 231 cubic inches, without adjustment of the
volumetric gallonage for
temperature correction of the
petroleum delivered into
the
underground storage tank, except that temperature corrected gallonage to 60
degrees Fahrenheit will be accepted as the gallonage delivered when all of the
following conditions are met:
(1) The quantity
of petroleum delivered in a single delivery to a single location is 1,000 or
more gallons; and
(2) The delivery
of the petroleum is invoiced to the purchaser, and settlement is made by the
purchaser, based on the temperature corrected gallonage of the petroleum
delivered; or, if the delivery is to a tank location operated by the
manufacturer of the petroleum, the gallonage accounted for in the inventory
records of the manufacturer for the delivery location is maintained on a
temperature corrected basis; and
(3) Temperature correction is consistently
applied to all deliveries to the location over a period of 12 or more
consecutive months.
(b)
"Operator" means any person who is in control of, or has responsibility for,
the daily operation of an underground storage tank. The operator is not liable
for the fee unless the operator is also the owner of the underground storage
tank.
(c) "Petroleum" means crude
oil, or any fraction thereof, which is liquid at standard conditions of
temperature and pressure, which means at 60 degrees Fahrenheit and 14.7 pounds
per square inch absolute. Petroleum includes products that are blends of
hydrocarbons derived from crude oil through processes such as separation,
conversion, upgrading, or finishing.
(d) "
Underground Storage Tank" means a tank
or combination of tanks, including any attached piping, that is used for the
accumulation of
petroleum, and the volume of which is 10 percent or more
beneath the surface of the ground. The term "
underground storage tank" does not
include any of the following:
(1) A tank of
1,100 gallons or less capacity which is located on a farm or on property used
primarily for dwelling purposes and which is used for storing motor vehicle
fuel for purposes other than for resale.
(2) A tank used for storing heating oil for
consumptive use on the premises where stored.
(3) A tank which meets all of the following
conditions:
(A) All exterior surfaces of the
tank, including connected piping, and the floor directly beneath the tank, can
be monitored by direct viewing.
(B)
The structure in which the tank is located is constructed in such a manner that
the structure provides for secondary containment of the contents of the tank,
as determined by the local agency designated pursuant to Section
25283
of the Health and Safety Code.
(C)
The owner or operator of the underground storage tank conducts daily
inspections of the tank and maintains a log of inspection results for review by
the local agency designated pursuant to Section
25283
of the Health and Safety Code, as requested by the local agency.
(D) The local agency designated pursuant to
Section
25283
of the Health and Safety Code determines without objection from the State Water
Resources Control Board that the underground storage tank meets requirements
which are equal to or more stringent than those imposed by Division 20, Chapter
6.7 of the Health and Safety Code, commencing with Section
25280.
Notes
Cal. Code
Regs. Tit. 18, §
1201
1. New
section filed 12-9-99; operative 1-8-2000 (Register 99, No. 50).
2.
New chapter 1.5 heading and relocation of sections 1201-1271 from chapter 2 to
chapter 1.5 filed 4-28-2003; operative 5-28-2003 (Register 2003, No.
18).
Note: Authority cited: Section
50152,
Revenue and Taxation Code; and Section
25299.42,
Health and Safety Code. Reference: Sections
50107,
50108.1,
50109
and 7355, Revenue and Taxation Code; Sections
25281,
25283.5,
25299.20,
25299.22,
25299.24,
25299.41
and
25299.43,
Health and Safety Code; Title 18, Section
1121, California Code of
Regulations; and Section 280.12, 40 Code of Federal
Regulations.
1. New section filed
12-9-99; operative 1-8-2000 (Register 99, No. 50).
2. New chapter
1.5 heading and relocation of sections 1201-1271 from chapter 2 to chapter 1.5
filed 4-28-2003; operative 5-28-2003 (Register 2003, No.
18).