62.1-44.34:10 - Definitions
§ 62.1-44.34:10. Definitions.
The following terms as used in this article shall have the meanings ascribedto them:
"Aboveground storage tanks" means any one or combination of tanks,including pipes used to contain an accumulation of oil at atmosphericpressure, and the volume of which, including the volume of the pipes, is morethan ninety percent above the surface of the ground. This term does notinclude (i) line pipe and breakout tanks of an interstate pipeline regulatedunder the Hazardous Liquid Pipeline Safety Act of 1979 or the Natural GasPipeline Safety Act of 1968, as amended, and (ii) flow through processequipment used in processing or treating oil by physical, biological, orchemical means.
"Facility" means any development or installation within the Commonwealththat deals in, stores or handles oil, and includes aboveground storage tanks.This term does not include underground storage tanks or pipelines.
"Fund" means the Virginia Petroleum Storage Tank Fund.
"Oil" means oil of any kind and in any form, including, but not limited to,petroleum and petroleum by-products, fuel oil, lubricating oils, sludge, oilrefuse, oil mixed with other wastes, crude oils and all other liquidhydrocarbons regardless of specific gravity.
"Operator of a facility" means any person who owns, operates, rents orotherwise exercises control over or responsibility for a facility.
"Operator of an underground storage tank" means any person in control of,or having responsibility for, the daily operation of the underground storagetank.
"Owner of an underground storage tank" means:
1. In the case of an underground storage tank in use or brought into use onor after November 8, 1984, any person who owns an underground storage tankused for the storage, use or dispensing of regulated substances; and
2. In the case of an underground storage tank in use before November 8, 1984,but no longer in use after that date, any person who owned such tankimmediately before the discontinuation of its use.
The term "owner" shall not include any person who, without participating inthe management of an underground storage tank or being otherwise engaged inpetroleum production, refining, and marketing, holds indicia of ownershipprimarily to protect the holder's security interest in the tank.
"Person" means an individual, trust, firm, joint stock company,corporation, including a government corporation, partnership, association,any state or agency thereof, municipality, county, town, commission,political subdivision of a state, any interstate body, consortium, jointventure, commercial entity, the government of the United States or any unitor agency thereof.
"Regulated substance" means an element, compound, mixture, solution, orsubstance that, when released into the environment, may present substantialdanger to the public health or welfare, or the environment. The term"regulated substance" includes:
1. Any substance defined in § 101 (14) of the Comprehensive EnvironmentalResponse, Compensation, and Liability Act of 1980, but not any substanceregulated as a hazardous waste under Subtitle C of the Resource Conservationand Recovery Act of 1976; or
2. Petroleum, including crude oil or any fraction thereof, which is liquid atstandard conditions of temperature and pressure (sixty degrees F and 14.7pounds per square inch absolute).
"Release" means any spilling, leaking, emitting, discharging, escaping,leaching, or disposing from an underground storage tank or facility intoground water, surface water, or upon lands, subsurface soils or storm drainsystems.
"Responsible person" means any person who is an owner or operator of anunderground storage tank or an aboveground storage tank at the time therelease is reported to the Board.
"Underground storage tank" means any one or combination of tanks, includingconnecting pipes, used to contain an accumulation of regulated substances,and the volume of which, including the volume of the underground connectingpipes, is ten percent or more beneath the surface of the ground. Exemptionsfrom this definition include:
1. Farm or residential tanks having a capacity of 1,100 gallons or less andused for storing motor fuel for noncommercial purposes;
2. Tanks used for storing heating oil for consumption on the premises wherestored;
3. Septic tanks;
4. Pipeline facilities, including gathering lines, regulated under: (i) theNatural Gas Pipeline Safety Act of 1968, (ii) the Hazardous Liquid PipelineSafety Act of 1979, or (iii) any intrastate pipeline facility regulated understate laws comparable to the provisions of law in (i) or (ii) of thisdefinition;
5. Surface impoundments, pits, ponds, or lagoons;
6. Storm water or waste water collection systems;
7. Flow-through process tanks;
8. Liquid traps or associated gathering lines directly related to oil or gasproduction and gathering operations; and
9. Storage tanks situated in an underground area, such as a basement, cellar,mineworking, drift, shaft, or tunnel if the storage tank is situated upon orabove the surface of the floor.
(1987, c. 677; 1989, cc. 430, 627; 1992, c. 819; 1996, cc. 737, 979.)