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§ 23.0721   Definitions.
   CONSTRUCTION OF AN UNDERGROUND TANK SYSTEM. To build or manufacture an underground tank system or any part thereof, that does not qualify as a repair or modification of an underground tank system.
   INSTALLATION OF AN UNDERGROUND TANK SYSTEM. Occurs when an underground tank is placed in the ground or when an underground tank system is replaced by another underground tank system.
   MODIFICATION OF AN UNDERGROUND TANK SYSTEM. Occurs when changes or upgrades are made that alter the tanks, piping, dispensers, sumps, manways or monitoring of an underground tank system through structural additions or deletions.
   PERMANENT CLOSURE BY REMOVAL OF AN UNDERGROUND TANK SYSTEM. Occurs when an underground tank system has ceased the storage of hazardous substances and the underground tank system will not be used, or is not intended to be used, for storage of hazardous substances, and will be removed.
   PERMANENT CLOSURE IN PLACE OF AN UNDERGROUND TANK SYSTEM. Occurs when an underground tank system has ceased the storage of hazardous substances and the underground tank system will not be used, or is not intended to be used, for storage of hazardous substances, and will not be removed.
   RELEASE. Any spilling, overfilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into the environment.
   RESPONSIBLE PARTY. One or more of the following:
      (1)   Any person who owns or operates an underground storage tank used for the storage of any hazardous waste or material;
      (2)   Any person who owned or operated the underground storage tank immediately before the discontinuation of its use, in the case of any underground storage tank no longer in use;
      (3)   Any owner of property where a release of a hazardous waste or material from an underground storage tank has occurred; and
      (4)   Any person who has or had control over an underground storage tank at the time of or following a release of a hazardous waste or material.
   SPECIAL INSPECTORS. Each and all of the following:
      (1)   A professional engineer registered pursuant to Business and Professions Code §§ 6700 et seq., who is qualified to attest to structural soundness, seismic safety, the compatibility of construction materials with contents, cathodic protections and the mechanical compatibility of the structural elements regarding underground storage tanks.
      (2)   A professional engineer registered pursuant to Business and Professions Code §§ 6700 et seq., who is certified as a cathodic engineer or a corrosion specialist for linings and cathodic protection by the National Association of Cathodic Engineers (N.A.C.E.).
      (3)   A certified industrial hygienist registered pursuant to Business and Professions Code §§ 20700 et seq., to assure compliance with health and safety issues, appropriate testing and compliance with industry standards.
      (4)   A person with valid certification issued by the State of California pursuant to Health and Safety § 20701 as appropriate for the types of inspections and oversight directed by the Division, for upgrading underground storage tanks.
   SUBSTANTIALLY BENEATH THE SURFACE OF THE GROUND. That at least ten percent of the total capacity of the underground tank system is below grade, dug into the earth, or placed in a vault or basement below the general ground surface.
   TANK. A stationary device designed to contain an accumulation of hazardous substances for any period of time, that is constructed primarily of non-earthen materials (e.g., wood, concrete, steel, plastic) that provide structural support.
      (1)   ABOVEGROUND STORAGE TANK is defined in § 23.0751(a) of this Code.
      (2)   UNDERGROUND STORAGE TANK (UST) means any one or combination of tanks, including pipes connected thereto, that is used for the storage of hazardous substances and that is totally or substantially beneath the surface of the ground.
   TEMPORARY CLOSURE OF AN UNDERGROUND TANK SYSTEM. An underground tank system in which the storage of hazardous substances has ceased but the underground tank system is intended to be used for the storage of hazardous substances within the next 12 months.
   UNDERGROUND TANK SYSTEM. An underground storage tank, connected piping, ancillary equipment, and containment system, if any.
   UPGRADE. The addition or retrofit of any part of the underground tank system such as cathodic protection, internal lining, secondary containment, spill containment, overfill protection or any other activity designed to achieve compliance with State or Federal regulations for containment or monitoring of underground storage tanks.
(Ord. 3846, passed - -2002)