Cal. Code Regs. tit. 23 § 2720

Current through Register 2024 Notice Reg. No. 43, October 25, 2024

Section 2720 - Additional Definitions

Unless the context clearly requires otherwise, the following definitions shall apply to terms used in this Article.

"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 activity(ies). Corrective action does not include any of the following activities:

(1) Detection, confirmation, or reporting of the unauthorized release; or

(2) Repair, upgrade, replacement or removal of the underground storage tank.

"Cost-effective" means actions that achieve similar or greater water quality benefits at an equal or lesser cost than other corrective actions.

"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, and the regulations adopted pursuant thereto.

"Regulatory agency" means the Board, regional board, or any local, state, or federal agency which has responsibility for regulating underground storage tanks or which has responsibility for overseeing cleanup of unauthorized releases from underground storage tanks.

"Responsible party" means one or more of the following:

(1) Any person who owns or operates an underground storage tank used for the storage of any hazardous substance;

(2) In the case of any underground storage tank no longer in use, any person who owned or operated the underground storage tank immediately before the discontinuation of its use;

(3) Any owner of property where an unauthorized release of a hazardous substance from an underground storage tank has occurred; and

(4) Any person who had or has control over a underground storage tank at the time of or following an unauthorized release of a hazardous substance.

Cal. Code Regs. Tit. 23, § 2720

1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.77 (Register 92, No. 9).
2. Editorial correction of printing errors in HISTORY 1. (Register 92, No. 43).

Note: Authority cited: Section 25299.77, Health and Safety Code. Reference: Section 25299.37, Health and Safety Code and 40 CFR Section 280.12.