PART I. 
DEFINITIONS AND GENERAL PROVISIONS



 



§342L-1  Definitions.  As used in this
chapter, unless the context otherwise requires:



“Complaint” means any written charge filed with
or by the department that a person is violating or has violated any provision
of this chapter or any rule adopted pursuant to this chapter, or a permit,
variance, or order issued pursuant to this  chapter.



“Department” means the department of health.



“Director” means the director of health.



“Existing underground storage tank” or
“existing tank” or “existing underground storage tank system” or “existing tank
system” means an underground storage tank or tank system for which installation
commenced not later than December 22, 1988.  Installation is considered to
have commenced if:



(1)  The owner or operator has obtained all federal,
state, and county approvals or permits necessary to begin physical construction
of the site or installation of the underground storage tank or tank system; and



(2)  Either a continuous on-site physical construction
or installation program has begun or the owner or operator has entered into
contractual obligations (which cannot be canceled or modified without
substantial loss) for physical construction at the site or installation of the
underground storage tank or tank system to be completed within a reasonable
time.



“Operator” means any person in control of, or
having responsibility for, the daily operation of the underground storage tank.



“Owner” means:



(1)  In the case of a particular underground storage
tank or tank system in use or brought into use on or after November 8,
1984, any person who owns an underground storage tank or tank system; and



(2)  In the case of a particular underground storage
tank or tank system in use before November 8, 1984, but no longer in use
after that date, any person who owned such a tank or tank system immediately
before the discontinuation of its use.



“Party” means each person or agency named as a
party or properly entitled to be a party in any court or agency proceeding.



“Permit” means written authorization from the
director to install or operate an underground storage tank or tank system.  A
permit authorizes the owner or operator to install and operate an underground
storage tank or tank system in a manner, or to do any act, not forbidden by
this chapter or by rules adopted under this chapter, but requiring review by
the department.



“Person” means an individual, trust, estate,
firm, joint stock company, corporation (including a government corporation),
partnership, association, commission, consortium, joint venture, commercial
entity, the State or a county, the United States government, federal agency,
interstate body, or any other legal entity.



“Petroleum” means petroleum, including crude
oil or any fraction thereof which is liquid at standard conditions of
temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch
absolute).



“Provider of financial assurance” means a
person that provides evidence of financial responsibility for one or more underground
storage tanks or tank systems.



“Regulated substance” means an element,
compound, mixture, solution, or substance that, when released into the
environment, may present substantial danger to human health, welfare, or the
environment.  The term includes:



(1)  Any substance defined in section 101(14)
of the federal Comprehensive Environmental Response, Compensation and Liability
Act of 1980 (but not including any substance regulated as a hazardous waste
under Subtitle C of the federal Resource Conservation and Recovery Act);



(2)  Petroleum; and



(3)  Any other substance as designated by the
department.



“Release” includes, but is not limited to, any
spilling, leaking, emitting, discharging, escaping, leaching, or disposing from
an underground storage tank or tank system.



“Soil remediation site” means designated
state-owned land set aside for the purpose of remediating contaminated soils.



“Underground storage tank” or “tank” means any
one or combination of tanks (including pipes connected thereto) used to contain
an accumulation of regulated substances, and the volume of which (including the
volume of the underground pipes connected thereto) is ten per cent or more
beneath the surface of the ground.  This term does not include any:



(1)  Farm or residential tank of one thousand one
hundred gallons or less capacity used for storing motor fuel for noncommercial
purposes;



(2)  Tank used for storing heating oil for consumptive
use on the premises where stored;



(3)  Septic tank;



(4)  Pipeline facility (including gathering lines)
regulated under:



(A)  The federal Natural Gas Pipeline Safety
Act of 1968, Public Law 90-481, as amended; or



(B)  The federal Hazardous Liquid Pipeline
Safety Act of 1979, Public Law 96-129, as amended;



(5)  Surface impoundment, pit, pond, or lagoon;



(6)  Storm water or wastewater collection system;



(7)  Flow-through process tank;



(8)  Liquid trap or associated gathering lines
directly related to oil or gas production and gathering operations; and



(9)  Storage tank situated in an underground area
(such as a basement, cellar, mineworking, drift, shaft, or tunnel) if the
storage tank is situated upon or above the surface of the floor.



“Underground storage tank system” or “tank
system” means an underground storage tank, connected underground piping,
underground ancillary equipment, and containment system, if any.



“Variance” means special written authorization
from the director to own, install, or operate an underground storage tank or
tank system in a manner deviating, or to do an act that deviates, from the
requirements of rules adopted under this chapter. [L 1989, c 212, pt of §6; am
L 1992, c 259, §3]