In addition to the definitions set forth in Section 17.04.040, for purposes of this chapter, the following definitions shall apply:
(a) "Automatic line leak detector" means any method of leak detection, as determined in regulations adopted by the board, which alerts the owner or operator of an underground storage tank to the presence of a leak. "Automatic line leak detector" includes, but is not limited to, any device or mechanism which alerts the owner or operator of an underground storage tank to the presence of a leak by restricting or shutting off the flow of hazardous substance through piping, or by triggering an audible or visual alarm, and which detects leaks of three gallons or more per hour at 10 pounds per square inch line pressure within one hour.
(b) "Board" means the State Water Resources Control Board. "Regional board" means a California regional water quality control board.
(c) "Department" means the State Department of Health Services.
(d) "Facility" means any one, or combination of, underground storage tanks used by a single business entity at a single location or site.
(e) "Federal act" means Subchapter IX (commencing with Section 6991) of Chapter 82 of Title 42 of the United States Code, as added by the Hazardous and Solid Waste Amendments of 1984 (P.L. 98-616), or as it may subsequently be amended or supplemented.
(f) "Hazardous substance" means both of the following:
(1) All of the following liquid and solid substances, unless the department, in consultation with the board, determines that the substance could not adversely affect the quality of the waters of the state:
(A) Substances on the list prepared by the Director of Industrial Relations pursuant to Section 6382 of the California Labor Code.
(B) Hazardous substances, as defined in Section 25316 of the California Health and Safety Code.
(C) 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.
(2) Any regulated substance, as defined in subsection (2) of Section 6991 of Title 42 of the United State Code, as that section read on January 1, 1989, or as it may subsequently be amended or supplemented.
(g) "Operator" means any person in control of, or having daily responsibility for, the daily operation of an underground storage tank system.
(h) "Owner" means the owner of an underground storage tank.
(i) "Pipe" shall have the meaning set forth in subsection 17.04.040(k). In addition, for purposes of this chapter, "pipe" means all parts of any pipeline or system of pipelines, used in connection with the storage of hazardous substances, including, but not limited to, valves and other appurtenances connected to the pipe, pumping units, fabricated assemblies associated with pumping units, and metering and delivery stations and fabricated assemblies therein, but does not include any of the following:
(1) An interstate pipeline subject to 49 Code of Federal Regulations, part 195.
(2) An interstate pipeline subject to Chapter 5.5 (commencing with Section 51010) of part 1 of Division 1 of Title 5 of the California Government Code.
(3) Unburied delivery hoses, vapor recovery hoses, and nozzles which are subject to unobstructed visual inspection for leakage.
(4) Vent lines, vapor recovery lines, and fill pipes which are designed to prevent, and do not hold, standing fluid in the pipes or lines.
(j) "Release" means any spilling, leaking, emitting, discharging, escaping, leaching or disposing from an underground storage tank into or on the waters of the state, the land, or the subsurface soils.
(k) "Special inspector" means a professional engineer, registered pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of the 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 of underground storage tanks.
(l) "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 California Department of Health Services pursuant to Section 25200 of the California Health and Safety Code or granted interim status under Section 25200.5 of the California Health and Safety Code.
(m) "Tank" means a stationary device designed to contain an accumulation of hazardous substances which is constructed primarily of nonearthen materials (e.g. wood, concrete, steel, plastic) which provides structural support.
(n) "Tank integrity test" means a test method capable of detecting an unauthorized release from an underground storage tank consistent with the minimum standards adopted by the board, and with any guidelines adopted by the city.
(o) "Tank tester" means an individual who performs tank integrity tests on underground storage tanks.
(p) "Unauthorized release" means any release of any hazardous substance which does not conform to this chapter, unless the release is authorized by the board or a regional board pursuant to Division 7 (commencing with Section 13000) of the California Water Code.
(q) "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 structures such as storm drains, catch basins, oil field gathering lines, refinery pipelines, lagoons, evaporation ponds, well cellars, separation sumps, lined and unlined pits, sumps and lagoons. Sumps which are a part of a monitoring system required under Sections 17.10.110 or 17.10.120 and sumps or other structures defined as underground storage tanks under the federal act are not exempted by this section. Structures identified in this paragraph may be regulated by the board and any regional board pursuant to the Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the California Water Code) to ensure that they do not pose a threat to water quality.
(1) In addition to the exclusions specified in this subsection (q), "underground storage tank" does not include vent lines, vapor recovery lines, and fill pipes which are designed to prevent, and do not hold, standing fluid in the pipes or lines.
(r) "Underground tank system" or "tank system" means an underground storage tank, connected piping, ancillary equipment, and containment system, if any.
(Ord. 4002 § 1 (part), 1990)