§ 5.28.020. Definitions

A.

Board means the state water resource control board.

B.

Facility means any one, or combination of, underground storage tanks used by a single business entity at a single location or site.

C.

Hazardous substance means all of the following liquid and solid substances unless state water resources control board determines the substance could not adversely affect the quality of the waters of the county or the region:

1.

Substances on the list prepared by the director of the department of industrial relations pursuant to section 6382 of the California Labor Code.

2.

Hazardous substances, as defined in section 25316 of the California Health and Safety Code.

3.

Any substance or material which is classified by the National Fire Protection Association (NFPA) as a flammable liquid, a class II combustible liquid, or a class III-A combustible liquid.

D.

Permitting authority shall be the city council or its designee.

E.

Person means an individual, trust, firm, joint stock company, corporation, including a government corporation, partnership, and association. "Person" also includes any city, county, district, the state, or any department or agency thereof.

F.

Primary containment means the first level of containment, such as the portion of a tank which comes into immediate contact on its inner surface with the hazardous substance being contained.

G.

Product-tight means impervious to the substance which is contained, or is to be contained, so as to prevent the seepage of the substance from the primary containment. To be product-tight, the tank shall not be subject to physical or chemical deterioration by the substance which it contains over the useful life of the tank.

H.

Secondary containment means the level of containment external to, and separate from, the primary containment.

I.

Single-walled means construction with walls made only one thickness of material. For the purpose of this chapter, laminated, coated, or clad materials shall be considered single-walled.

J.

Storage or store means the containment, handling or treatment of hazardous substances, either on a temporary basis or for a period of years. "Storage" or "store" does not mean the storage of hazardous wastes in an underground storage tank if the person operating the tank has been issued a hazardous waste facilities permit by the state department of health services pursuant to section 25200 or granted interim status under section 25200.5 of the California Health and Safety Code, and has submitted to the permitting authority documentation verifying the issuance of the permit or the granting of the interim status.

K.

Unauthorized release means any release or emission of any hazardous substance which does not conform to the provisions of this chapter, unless this release is authorized by the state water resources control board pursuant to division 7 (commencing with section 13000) of the California Water Code.

L.

Underground storage tank means any one or combination of tanks, including pipes connected thereto, which is used for the storage of hazardous substances and which is substantially or totally beneath the surface of the ground. "Underground storage tank" does not include any of the following:

1.

A tank used for the storage of hazardous substances used for the control of external parasites of cattle and subject to the supervision of the county agricultural commissioner if the county agricultural commissioner if the county agricultural commissioner determines, by inspection prior to use, that the tank provides a level of protection equivalent to that required by section 1.030 if the tank was installed after June 30, 1984, or protection equivalent to that provided by section 1.040 if the tank was installed on or before June 30, 1984.

2.

Tanks which are located on a farm and store motor vehicle fuel which is used only to propel vehicles used primarily for agricultural purposes.

3.

Tanks used for aviation or motor vehicle fuel located within one mile of a farm and the tank is used by a licensed pest control operator, as defined in section 11705 of the California Food and Agriculture Code, who is primarily involved in agricultural pest control activities.

4.

Structures such as sumps, separators, storm drains, catch basins, oil field gathering lines, refinery pipelines, lagoons, evaporation ponds, well cellars, separation pumps, lined and unlined pits, sumps and lagoons. Sumps which are a part of a monitoring system required under section 1.030 or section 1.040 are not exempted by this section.

M.

Special inspectors means a professional engineer, registered pursuant to chapter 7 (commencing with section 6700) of division 3 of the California Business and Professions Code, who is qualified to attest, at a minimum, to structural soundness, seismic safety, the compatibility of construction materials with contents, cathodic protection, and the mechanical compatibility of the structural elements.

N.

Owner means the owner of an underground storage tank.

O.

Operator means the operator of an underground storage tank.

P.

Pipe means any pipelines or system of pipelines which are used in connection with the storage of hazardous substances and which are not intended to transport hazardous substances in interstate or intrastate commerce or to transfer hazardous materials in bulk to or from a marine vessel.