California Code of Regulations › Title 10 - Investment › Chapter 7.95 - Trade and Commerce Agency: Repair Underground Storage Tank Loan Program › Section 5900 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following definitions shall govern construction of this
				chapter:
(a) "Act" means chapter 8.5
			 (commencing with section
			 15399.10) of part 6.7 of division
			 3 of title 2 of the Government Code.
(b) "Applicant" means an entity that owns or
			 operates a Project Tank and is applying for a Loan or a Grant.
(c) "Application" means the information
			 contained in sections
			 5904 or
			 5904.1 which an Applicant must
			 provide to the Office when seeking a Loan or a Grant.
(d) "Borrower" means an Applicant whose
			 Application for a Loan has been approved and who has executed a Loan
			 Agreement.
(e) "Corrective Action"
			 means all actions taken as described in Health & Safety Code section
			 25299.14 to correct an
			 unauthorized release, including: evaluation and investigation of the
			 unauthorized release, initial corrective action measures, clean-up of the
			 release, any actions necessary to investigate and remedy any residual effects
			 remaining after the initial corrective action, and post clean-up
			 monitoring.
(f) "Environmental
			 Audit" means an investigation into the Applicant's operations and compliance
			 with federal, state and local environmental laws, regulations and rulings,
			 which would indicate whether the facility is, or is likely to become,
			 contaminated.
(g) "Financial
			 Responsibility" means the state and federal requirements, established in
			 accordance with subpart H, of part 280 of subchapter I of chapter I of title 40
			 of the Code of Federal Regulations, commencing with section
			 280.92, providing that a Tank
			 owner or operator must demonstrate the ability to pay for Corrective Action and
			 third-party liability arising from owning or operating a Tank.
(h) "Grant" means an award of Remove
			 Underground Storage Tank funding pursuant to this chapter which need not be
			 repaid.
(i) "Grant Agreement" means
			 a written agreement for a Grant made in accordance with this
			 regulation.
(j) "Local Agency"
			 means the department, office or other agency within a county, or a city,
			 designated pursuant to Health and Safety Code section
			 25283
			 to implement chapter 6.7 of division 20 of the Health and Safety
			 Code.
(k) "Loan" means a lending of
			 funds pursuant to a Loan Agreement.
(l) "Loan Agreement" means a written
			 agreement for a Loan made in accordance with this regulation.
(m) "Office" means the Office of Small
			 Business within the Trade and Commerce Agency.
(n) "Permit" means a permit to own or operate
			 a Tank as required pursuant to section
			 25284
			 of the Health and Safety Code.
(o)
			 "Petroleum" means 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.
(p) "Project" means the work an Applicant
			 proposes to conduct on a Tank by either removing, replacing, or upgrading the
			 Tank, or taking Corrective Action, including, but not limited to the design,
			 construction, monitoring, operation or maintenance requirements adopted
			 pursuant to Health and Safety Code sections
			 25284.1
			 and
			 25292.4.
(q) "Project Tank" means the Tank concerning
			 which the Project will occur.
(r)
			 "Small Business" means a business which complies with all of the following:
(1) the principal office is located in
			 California;
(2) the officers of the
			 business are domiciled in California;
(3) it is independently owned and
			 operated;
(4) it is not dominant in
			 its field of operation; and
(5) its
			 annual receipts are in an amount less than the limits established by Government
			 Code Section
			 11342.610.