Cal. Code Regs. tit. 23, § 2611
(d) Is not a decommissioned tank.
“Abatement”means any activity necessary to reduce, control, or eliminate the effects of an unauthorized release, including, but not limited to, corrective action. Abatement does not include any of the following activities.
(c) Repairing, upgrading, replacing or removing an underground storage tank.
“ASTM A53”means the 2024 American Society of Testing and Materials International standard A53, hereby incorporated by reference.
“ASTM D7467”means the 2023 American Society of Testing and Materials International standard D7467, hereby incorporated by reference.
“Best management practice”means any underground storage tank system operating procedure or management practice that is the most effective and practicable method of preventing or reducing the probability of a release.
“Buried”means covered in earthen material or otherwise concealed from visual observation. For emergency tank systems, “buried” does not include piping in a conduit through building walls or ceilings where both sides of the penetration can be visually observed.
“Cathodic protection tester” means any individual who can demonstrate an understanding of the principles and measurements of all common types of cathodic protection systems as applied to buried or submerged metallic piping and underground storage tank systems. Such an individual must possess a current certificate issued by the National Association of Corrosion Engineers or the International Code Council, demonstrating that the individual has education and experience in soil resistivity, stray current, structure-to-soil potential, and component electrical isolation measurements of buried or submerged metallic piping and underground storage tank systems.
“Clean compactable backfill”means compactable material used to backfill an excavation for removal of an underground storage tank that is free of vegetation, organic matter, pollutants, and debris that can be used to create a firm, stable foundation.
“Cleanup Oversight Agency”means the Board, Regional Board, or local agency that has been certified by the Board to implement the local oversight program pursuant to section 25297.01 of the Health and Safety Code, which is responsible for implementing corrective action requirements at a site, including site investigation, cleanup, abatement, or other actions necessary to remedy the effects of a release of hazardous substances from an underground storage tank.
“Compatible”means the ability of two or more substances or materials to maintain their respective physical and chemical properties upon contact with one another until the underground storage tank is closed in accordance with article 8.
“Connected piping”means, unless specifically excluded or exempted in chapter 6.7 of division 20 of the Health and Safety Code or this chapter:
(d) All piping that connects an underground storage tank to a tank in an underground area should be allocated as specified in section 2612(l).
“Continuity”means the interstitial space within a zone is open and testable, allowing unobstructed flow of hazardous substance.
“Continuous monitoring”means a release detection system consisting of equipment that performs required monitoring without interruption.
“Corrective action”means any activity necessary to investigate and analyze the effects of an unauthorized release; propose a cost-effective plan to adequately protect human health, safety, and the environment, and to restore or protect current and potential beneficial uses of water; and implement and evaluate the effectiveness of the activities. Corrective action does not include any of the following activities:
(b) Repairing, upgrading, replacing, or removing an underground storage tank.
“Corrective Action Plan”means mitigation measures and cleanup plans submitted to the Cleanup Oversight Agency that includes an assessment of the impacts, feasibility studies, applicable cleanup levels and goals, and proposed corrective actions. A Corrective Action Plan must include goals to satisfy closure criteria under Board policies, orders, and regulations.
“Corrosion specialist”means any individual who, having acquired a thorough knowledge of the physical sciences and the principles of engineering and mathematics through professional education and related practical experience, is qualified to engage in the practice of corrosion control on buried or submerged metallic piping and underground storage tank systems. Such an individual must possess a current Association for Materials Protection and Performance corrosion specialist certification or be a California registered professional engineer with a current certification or a license demonstrating education and experience in corrosion control of buried or submerged metallic piping and underground storage tank systems.
“Cost-effective”means actions that achieve similar or greater improvement to human health, safety, and the environment at an equal or lesser cost than other corrective actions.
“Decommissioned tank”means an underground storage tank rendered inoperable prior to January 1, 1984, by one of the following methods:
(c) Removing the piping.
“Designated underground storage tank operator”or “designated UST operator” means one or more individuals designated by the owner or operator to have responsibility for training facility employees and conducting visual inspections at an underground storage tank facility. A “designated UST operator” is not considered the “operator” as defined in chapter 6.7 of division 20 of the Health and Safety Code, although the same individual may hold both positions. A designated UST operator must meet the requirements of section 2631.
“Dispenser”means any device used for the delivery of a hazardous substance from an underground storage tank.
“Emergency tank system”means an underground storage tank system that stores diesel fuel or kerosene solely for use during emergencies by one or more of the stationary devices in accordance with section 25281.5(c) of the Health and Safety Code.
“Environmental footprint”means the environmental impacts associated with the implementation of the corrective actions proposed in the Corrective Action Plan. Environmental impacts that must be considered when evaluating the environmental footprint of corrective actions include, but are not limited to, the planned total energy use and renewable energy use, potential generation of air pollutants and greenhouse gas emissions, anticipated water use and impacts to water resources, materials management and waste reduction methods, and land management and ecosystems protection measures.
“Excavation zone”means the volume containing the underground storage tank system and backfill material bounded by the ground surface, walls, and floor of the pit and trenches into which the underground storage tank system is placed at the time of installation.
“Facility employee”means any on-site individual who is employed at the underground storage tank facility, and may be called upon to respond to spills, overfills, or other problems associated with the operation of the underground storage tank system. A “facility employee” is not considered the “operator” as defined in chapter 6.7 of division 20 of the Health and Safety Code, although the same individual may hold both positions.
“Fail safe”means that a release detection system will shut down the pump in the event of a power outage, or when the release detection system fails or is disconnected.
means a hazardous substance that is present as a non-aqueous phase liquid (i.e., liquid not dissolved in water).
“GeoTracker”has the same meaning as “Geotracker” as defined in section 3891 of title 23 of the California Code of Regulations.
“Groundwater”means all water beneath the surface of the Earth within the zone below the water table in which the soil is completely saturated with water, but does not include water that flows in known and definite channels.
“Independent compliance inspector”means an individual who performs compliance inspections who is independent of both the facility being inspected and the Unified Program Agency with jurisdiction over the facility being inspected, and who meets the requirements of section 2634(c). An independent compliance inspector includes individuals employed by or who otherwise are acting on behalf of the Board, and individuals under contract with the Unified Program Agency with jurisdiction over the facility being inspected.
“Independent testing organization”means an organization which tests products or systems for compliance with industry codes, voluntary consensus standards, or engineering standards. To be acceptable as an independent testing organization, the organization must not be owned or controlled by any client, industrial organization, or any other person or institution with a financial interest in the product or system being tested. For an organization to certify, list, or label products or systems in compliance with voluntary consensus standards, it must maintain formal periodic inspections of production of products or systems to ensure that a listed, certified, or labeled product or system continues to meet the appropriate standards.
“Independent third party”means an independent testing organization, consulting firm, test laboratory, not-for-profit research organization, or educational institution with no financial interest in the equipment being tested. The term includes only those organizations which are not owned or controlled by any client, industrial organization, or any other institution with a financial interest in the matter under consideration.
“Integral secondary containment”means secondary containment manufactured as part of the underground storage tank.
“Integrity test”means a volumetric or non-volumetric test method used to ascertain the physical integrity of any tank or connected piping. The term “integrity test” includes only those test methods that can detect a release of 0.1 gallon per hour for Type 1 underground storage tanks and 0.005 gallon per hour for Type 2 and Type 3 underground storage tanks, with a probability of detection of at least 95 percent and a probability of false alarm of five percent or less.
“Interstitial space”means the space between the primary and secondary containment.
“Line leak detector”has the same meaning as “automatic line leak detector” as defined in chapter 6.7 of division 20 of the Health and Safety Code.
“Lining”means a liquid-tight, non-corrodible material that is bonded firmly to the interior surface of a tank. The lining must be compatible with the hazardous substance stored in the underground storage tank.
“Maintenance”means the normal operational upkeep to prevent an underground storage tank system from releasing hazardous substances.
“Manufacturer”means any business which produces any item discussed in this chapter.
“Non-volumetric test”means an integrity test method that ascertains the physical integrity of an underground storage tank without determining a potential release rate.
“Petroleum”means petroleum including 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.
“Probability of detection”means the likelihood, expressed as a percentage, that a test method will correctly identify a release.
“Probability of false alarm”means the likelihood, expressed as a percentage, that a test method will incorrectly identify a release.
“Programming”means the coded instructions for release detection equipment or electronic overfill prevention equipment.
“Release detection method”or “release detection system” means a method or equipment used to determine whether a release of a hazardous substance has occurred from an underground storage tank system into the environment or into the interstitial space.
“Remote monitoring”means monitoring the underground storage tank from a location separate from the facility.
“Repair”means to restore to proper operating condition an underground storage tank system component that had ceased to function properly, causing the underground storage tank system to be out of compliance with chapter 6.7 of division 20 of the Health and Safety Code or this chapter.
“Responsible party”means one or more of the following:
(d) Any other person who has or had control over an underground storage tank, or owned the property where the underground storage tank was located, at the time of, or the time following, an unauthorized release of a hazardous substance.
“Service technician”means an individual who:
(c) Provides maintenance or service on, or programming, diagnostics, or calibration of, underground storage tank system components.
“Significant violation”means a violation, or a combination of violations, of any requirements of chapter 6.7 of division 20 of the Health and Safety Code, or this chapter, not including the corrective action requirements in section 25296.10 of the Health and Safety Code and article 10, that meets one of the following:
(d) A violation that causes any underground storage tank not to meet the construction requirements of section 25290.1, section 25290.2, or paragraphs (1) through (6) of section 25291(a) of the Health and Safety Code.
“Significant violation that poses an imminent threat to human health or safety or the environment” means a significant violation, or a combination of violations, that creates a substantial probability of harm, when the probability and potential extent of harm make it reasonably necessary to take immediate action to prevent, reduce, or mitigate the actual or potential harm to human health or safety or the environment. The term “significant violation that poses an imminent threat to human health or safety or the environment” includes any violation specified in subdivision (a), (b), or (d) of the definition of “significant violation.”
“Submit”means to electronically transmit required documentation uploaded to, or information entered into, the electronic database specified in subdivision (a) or (b). Except as otherwise directed or approved by the applicable agency, any documentation or information required to be provided to the agency, rather than submitted, may be transmitted by hand-delivery, U.S. mail, electronic mail, or facsimile.
(b) All submittals to the Cleanup Oversight Agency must be made through GeoTracker.
“Substantially beneath the surface of the ground”means that at least 10 percent of the underground tank system primary containment volume, including the volume of any connected piping, is below the ground surface or enclosed below earthen materials.
“Tamper”means to interfere with, improperly alter or adjust, or intentionally damage any release detection equipment to circumvent any requirement of chapter 6.7 of division 20 of the Health and Safety Code or this chapter.
“Type 1 underground storage tank”means an underground storage tank system installed before July 1, 2003.
“Type 2 underground storage tank”means an underground storage tank system installed on or after July 1, 2003, and before July 1, 2004.
“Type 3 underground storage tank”means an underground storage tank system installed on or after July 1, 2004.
“Unburied”means able to be visually observed.
“Under-dispenser containment”means a containment sump that is located under a dispenser that is designed to contain an unauthorized release from the dispenser and prevents the unauthorized release from entering the soil or waters of the State.
“Underground storage tank release case”has the same meaning as “underground storage tank case” as that term is used in Health and Safety Code section 25296.40 where an unauthorized release has occurred, and a Cleanup Oversight Agency has opened a case to direct corrective action.
“Underground storage tank system”has the same meaning as “underground tank system” or “tank system” as defined in chapter 6.7 of division 20 of the Health and Safety Code.
“Unified Program Agency inspector”means an individual who is employed by a Unified Program Agency and who is responsible for performing underground storage tank inspections or enforcement actions, reviewing underground storage tank submittal elements in the California Environmental Reporting System, and reviewing installation, retrofitting, or repair plan checks.
“Violation classification”means the classification of violations of requirements of chapter 6.7 of division 20 of the Health and Safety Code, or this chapter, not including the corrective action requirements in section 25296.10 of the Health and Safety Code and article 10, as class I violations, class II violations, or minor violations. Class I violation, class II violation, and minor violation are defined as follows:
(b) “Class II violation” means any of the following:
(c) “Minor violation” means a violation, or combination of violations, that does not meet the criteria for either a class I violation or a class II violation.
“Volumetric test”means an integrity test method that ascertains the physical integrity of an underground storage tank by determining a potential release rate in gallons per hour.
“Voluntary consensus standards”means standards that must be developed after all persons with a direct and material interest have had a right to express a viewpoint and, if dissatisfied, to appeal at any point.
“Zone”means the interstitial space of underground storage tank component(s) that is monitored as a single unit.
Unless the context requires otherwise, the following definitions apply to terms used in this chapter:
“Abandoned underground storage tank”means an underground storage tank that:
Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25281, 25282, 25283, 25284, 25284.1, 25290.1, 25290.2, 25291, 25292.3, 25296.10, 25296.35, 25297.01, 25296.40, 25299, 25299.5, 25404 and 25404.1, Health and Safety Code; and 40 CFR Sections 280.10 and 280.12.
1. Renumbering and amendment of former section 2611 to section 2621 and renumbering and amendment of former 2621 to section 2611 filed 8-9-91 as an emergency; operative 8-9-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Register 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment of section and Note filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
4. Amendment of definition “Motor vehicle fuel tank” filed 12-26-97 as an emergency; operative 12-26-97 (Register 97, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-27-98 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 12-26-97 order transmitted to OAL 4-22-98 and filed 6-2-98 (Register 98, No. 23).
6. New definition “Upgrade compliance certificate” and amendment of Note filed 10-27-98 as an emergency; operative 10-27-98 (Register 98, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-24-99 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 6 (Register 2000, No. 24).
8. Reinstatement of section as it existed prior to 10-27-98 emergency amendment by operation of Government Code section 11346.1(f) (Register 2000, No. 24).
9. New definitions for “Dispenser,” “Under-Dispenser Containment” and “Under-Dispenser spill containment or control system” and amendment of Note filed 5-14-2001; operative 5-14-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 20).
10. New definitions for “Best management practice,” “Designated underground storage tank operator,” “Facility employee,” “Fail safe” and “Service technician” and amendment of definitions for “Cathodic protection tester” and “Corrosion specialist” filed 4-8-2004; operative 5-8-2004 (Register 2004, No. 15).
11. New definition of “Interstitial Liquid Level Measurement” and amendment of Note filed 7-29-2004 as an emergency; operative 7-29-2004 (Register 2004, No. 31). A Certificate of Compliance must be transmitted to OAL by 11-29-2004 or emergency language will be repealed by operation of law on the following day.
12. New definition of “Interstitial Liquid Level Measurement” and amendment of Note refiled 11-29-2004 as an emergency; operative 11-29-2004 (Register 2004, No. 49). A Certificate of Compliance must be transmitted to OAL by 3-29-2005 or emergency language will be repealed by operation of law on the following day.
13. New definition of “Interstitial Liquid Level Measurement” and amendment of Note refiled 3-28-2005 as an emergency; operative 3-29-2005 (Register 2005, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-27-2005 or emergency language will be repealed by operation of law on the following day.
14. Certificate of Compliance as to 3-28-2005 order transmitted to OAL 7-8-2005 and filed 8-19-2005 (Register 2005, No. 33).
15. New definitions of “GeoTracker” and “Submit,” amendment of definitions of “Hazardous substance,” “Interstitial liquid level measurement,” “Person,” “Under-dispenser containment” and “Under-dispenser spill containment or control system” and amendment of Note filed 10-13-2016; operative 1-1-2017 (Register 2016, No. 42).
16. Amendment of definitions of “Designated underground storage tank operator,” “Hazardous substance,” “Interstitial liquid level measurement,” “Manual inventory reconciliation,” “Pipeline leak detector,” “Repair,” “Statistical inventory reconciliation provider,” “Tank integrity test,” “Upgrade” and “Wastewater treatment tank,” new definition of “Month” and amendment of Note filed 8-27-2018; operative 10-1-2018 (Register 2018, No. 35).
17. Repealer and new section filed 10-28-2025; operative 1-1-2026 (Register 2025, No. 44).