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:
"Operator" means any person in control of, or having responsibility for, the daily operation of the underground storage tank.
"Owner" means:
"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:
"Release" includes, but is not limited to, any spilling, leaking, emitting, discharging, escaping, leaching, or disposing from an underground storage tank or tank system.
"Shoreline" means the upper reaches of the wash of the waves, other than storm and seismic waves, at high tide during the season of the year in which the highest wash of the waves occurs, usually evidenced by the edge of vegetation growth, or the upper limit of debris left by the wash of the waves.
"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:
"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; am L 2016, c 179, §3]