PART I. DEFINITIONS AND GENERAL PROVISIONS

 

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

“Complaint” means any written charge filed withor by the department that a person is violating or has violated any provisionof 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 tanksystem” means an underground storage tank or tank system for which installationcommenced not later than December 22, 1988.  Installation is considered tohave commenced if:

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

(2)  Either a continuous on-site physical constructionor installation program has begun or the owner or operator has entered intocontractual obligations (which cannot be canceled or modified withoutsubstantial loss) for physical construction at the site or installation of theunderground storage tank or tank system to be completed within a reasonabletime.

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

“Owner” means:

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

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

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

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

“Petroleum” means petroleum, including crudeoil or any fraction thereof which is liquid at standard conditions oftemperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inchabsolute).

“Provider of financial assurance” means aperson that provides evidence of financial responsibility for one or more undergroundstorage tanks or tank systems.

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

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

(2)  Petroleum; and

(3)  Any other substance as designated by thedepartment.

“Release” includes, but is not limited to, anyspilling, leaking, emitting, discharging, escaping, leaching, or disposing froman underground storage tank or tank system.

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

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

(1)  Farm or residential tank of one thousand onehundred gallons or less capacity used for storing motor fuel for noncommercialpurposes;

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

(3)  Septic tank;

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

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

(B)  The federal Hazardous Liquid PipelineSafety 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 linesdirectly 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 thestorage tank is situated upon or above the surface of the floor.

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

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