A tank facility is subject to this chapter if any of the following apply:
(a) The tank facility is subject to the oil pollution prevention regulations specified in Part 112 (commencing with Section 112.1) of Subchapter D of Chapter I of Title 40 of the Code of Federal Regulations.
(b) The tank facility has a storage capacity of 1,320 gallons or more of petroleum.
(c) (1) Except as provided in paragraph (3), the tank facility has a storage capacity of less than 1,320 gallons of petroleum and has one or more tanks in an underground area meeting the conditions specified in paragraph (1) of subdivision (o) of Section 25270.2.
(2) If a tank facility is subject to this chapter only pursuant to this subdivision, only those tanks that meet the conditions specified in paragraph (1) of subdivision (o) of Section 25270.2 shall be included as storage tanks and subject to this chapter.
(3) A tank in an underground area that would otherwise be subject to this chapter only pursuant to this subdivision is not subject to this chapter if any of the following apply:
(A) The tank holds hydraulic fluid for a closed loop mechanical system that uses compressed air or hydraulic fluid to operate lifts, elevators, or other similar devices.
(B) The tank is a heating oil tank.
(C) The tank is a sump, separator, clarifier, catch basin, or storm drain.
(Amended by Stats. 2018, Ch. 721, Sec. 2. (AB 2902) Effective January 1, 2019.)
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