Cal. Code Regs. tit. 10 § 5900

Current through Register 2024 Notice Reg. No. 36, September 6, 2024

Section 5900 - Definitions

The following definitions shall govern construction of this chapter:

(a) "Act" means chapter 8.5 (commencing with section 15399.10) of part 6.7 of division 3 of title 2 of the Government Code.

(b) "Applicant" means an entity that owns or operates a Project Tank and is applying for a Loan or a Grant.

(c) "Application" means the information contained in sections 5904 or 5904.1 which an Applicant must provide to the Office when seeking a Loan or a Grant.

(d) "Borrower" means an Applicant whose Application for a Loan has been approved and who has executed a Loan Agreement.

(e) "Corrective Action" means all actions taken as described in Health & Safety Code section 25299.14 to correct an unauthorized release, including: evaluation and investigation of the unauthorized release, initial corrective action measures, clean-up of the release, any actions necessary to investigate and remedy any residual effects remaining after the initial corrective action, and post clean-up monitoring.

(f) "Environmental Audit" means an investigation into the Applicant's operations and compliance with federal, state and local environmental laws, regulations and rulings, which would indicate whether the facility is, or is likely to become, contaminated.

(g) "Financial Responsibility" means the state and federal requirements, established in accordance with subpart H, of part 280 of subchapter I of chapter I of title 40 of the Code of Federal Regulations, commencing with section 280.92, providing that a Tank owner or operator must demonstrate the ability to pay for Corrective Action and third-party liability arising from owning or operating a Tank.

(h) "Grant" means an award of Remove Underground Storage Tank funding pursuant to this chapter which need not be repaid.

(i) "Grant Agreement" means a written agreement for a Grant made in accordance with this regulation.

(j) "Local Agency" means the department, office or other agency within a county, or a city, designated pursuant to Health and Safety Code section 25283 to implement chapter 6.7 of division 20 of the Health and Safety Code.

(k) "Loan" means a lending of funds pursuant to a Loan Agreement.

(l) "Loan Agreement" means a written agreement for a Loan made in accordance with this regulation.

(m) "Office" means the Office of Small Business within the Trade and Commerce Agency.

(n) "Permit" means a permit to own or operate a Tank as required pursuant to section 25284 of the Health and Safety Code.

(o) "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.

(p) "Project" means the work an Applicant proposes to conduct on a Tank by either removing, replacing, or upgrading the Tank, or taking Corrective Action, including, but not limited to the design, construction, monitoring, operation or maintenance requirements adopted pursuant to Health and Safety Code sections 25284.1 and 25292.4.

(q) "Project Tank" means the Tank concerning which the Project will occur.

(r) "Small Business" means a business which complies with all of the following:

(1) the principal office is located in California;

(2) the officers of the business are domiciled in California;

(3) it is independently owned and operated;

(4) it is not dominant in its field of operation; and

(5) its annual receipts are in an amount less than the limits established by Government Code Section 11342.610.

(s) "Surplus Money Investment Fund" means the fund established by Government Code Section 16471.

(t) "Tank" means an Underground Storage Tank used for the purpose of storing Petroleum.

(u) "Underground Storage Tank" means:

(1) a tank and connected piping, which is substantially or totally beneath the surface of the ground, except:

(A) A tank holding 1,100 gallons or less which is located on a farm, and which stores motor vehicle fuel used primarily for agricultural purposes, and not for resale; or

(B) A tank which is located on a farm or at the residence of a person which has a capacity of 1,100 gallons or less, and which stores home heating oil for consumptive use on the premises where stored; or

(C) Structures such as sumps, separators, storm drains, catch basins (except as discussed in subsection (u)(2), oil field gathering lines, refinery pipelines, lagoons, evaporation ponds, well cellars, separation sumps, lined and unlined pits, sumps and lagoons; and

(2) under dispenser containment systems, spill containment systems, enhanced monitoring and control systems, and vapor recovery systems and dispensers connected to the tank and connected piping.

Cal. Code Regs. Tit. 10, § 5900

1. New section filed 2-8-90 as an emergency; operative 2-8-90 (Register 90, No. 7). A Certificate of Compliance must be transmitted to OAL within 180 days or emergency language will be repealed by operation of law on 8-7-90.
2. Repealed by operation of Government Code section 11346.1(g) (Register 91, No. 13).
3. New section filed 2-25-91 as an emergency; operative 2-25-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 8-26-91 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 2-25-91 order including amendment of subsections (h), (o) and (s) transmitted to OAL 5-24-91 and filed 6-24-91 (Register 91, No. 40).
5. Change without regulatory effect amending chapter heading and subsection (k) filed 2-7-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 6).
6. Amendment of subsection (n), redesignation and amendment of former subsections (s)-(s)(3) to subsections (s)(1)(A)-(C), new subsection (s)(2) and amendment of NOTE filed 1-3-2000 as an emergency; operative 1-3-2000 (Register 2000, No. 1). Pursuant to Government Code section 15399.16, a Certificate of Compliance must be transmitted to OAL by 7-3-2000 or emergency language will be repealed by operation of law on the following day.
7. Reinstatement of section as it existed prior to 1-3-2000 emergency amendment by operation of Government Code section 11346.1(f) (Register 2000, No. 31).
8. Amendment of section and NOTE filed 9-5-2000 as an emergency; operative 9-5-2000 (Register 2000, No. 36). Pursuant to Government Code section 15399.16, a Certificate of Compliance must be transmitted to OAL by 3-5-2001 or emergency language will be repealed by operation of law on the following day.
9. Amendment of subsections (i) and (u)(1)(C) filed 10-16-2000; operative 10-16-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 42).
10. Editorial correction of HISTORY 8 (Register 2001, No. 10).
11. Amendment of section and NOTE refiled 3-6-2001 as an emergency; operative 3-6-2001 (Register 2001, No. 10). Pursuant to Government Code section 15399.16, a Certificate of Compliance must be transmitted to OAL by 9-4-2001 or emergency language will be repealed by operation of law on the following day.
12. Certificate of Compliance as to 3-6-2001 order, including further amendment of first paragraph and subsections (h) and (r)(5), transmitted to OAL 8-3-2001 and filed 9-17-2001 (Register 2001, No. 38).

Note: Authority cited: Section 15399.16, Government Code. Reference: Sections 15399.10, 15399.12, 15399.14, 15399.15, 15399.15.1 and 15399.15.2, Government Code.

1. New section filed 2-8-90 as an emergency; operative 2-8-90 (Register 90, No. 7). A Certificate of Compliance must be transmitted to OAL within 180 days or emergency language will be repealed by operation of law on 8-7-90.
2. Repealed by operation of Government Code section 11346.1(g) (Register 91, No. 13).
3. New section filed 2-25-91 as an emergency; operative 2-25-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 8-26-91 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 2-25-91 order including amendment of subsections (h), (o) and (s) transmitted to OAL 5-24-91 and filed 6-24-91 (Register 91, No. 40).
5. Change without regulatory effect amending chapter heading and subsection (k) filed 2-7-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 6).
6. Amendment of subsection (n), redesignation and amendment of former subsections (s)-(s)(3) to subsections (s)(1)(A)-(C), new subsection (s)(2) and amendment of Note filed 1-3-2000 as an emergency; operative 1-3-2000 (Register 2000, No. 1). Pursuant to Government Code section 15399.16, a Certificate of Compliance must be transmitted to OAL by 7-3-2000 or emergency language will be repealed by operation of law on the following day.
7. Reinstatement of section as it existed prior to 1-3-2000 emergency amendment by operation of Government Code section 11346.1(f) (Register 2000, No. 31).
8. Amendment of section and Note filed 9-5-2000 as an emergency; operative 9-5-2000 (Register 2000, No. 36). Pursuant to Government Code section 15399.16, a Certificate of Compliance must be transmitted to OAL by 3-5-2001 or emergency language will be repealed by operation of law on the following day.
9. Amendment of subsections (i) and (u)(1)(C) filed 10-16-2000; operative 10-16-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 42).
10. Editorial correction of History 8 (Register 2001, No. 10).
11. Amendment of section and Note refiled 3-6-2001 as an emergency; operative 3-6-2001 (Register 2001, No. 10). Pursuant to Government Code section 15399.16, a Certificate of Compliance must be transmitted to OAL by 9-4-2001 or emergency language will be repealed by operation of law on the following day.
12. Certificate of Compliance as to 3-6-2001 order, including further amendment of first paragraph and subsections (h) and (r)(5), transmitted to OAL 8-3-2001 and filed 9-17-2001 (Register 2001, No. 38).