7 Del. Admin. Code § 1352-A-2.0
The following words, terms and phrases have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:
"Aboveground Storage Tank" or "AST" means a single aboveground containment vessel having a capacity of greater than 250 gallons and currently or previously having contained a single regulated substance on or after January 1,1992. The term includes all ancillary aboveground pipes and dispensing systems up to the first permanently installed point of isolation and all ancillary underground pipes and dispensing systems. Within this definition, the word "vessel" includes any container that can be partially visually inspected, from the exterior, in an underground area. The term AST does not include any of the following:
| * | septic tank; |
| * | pipeline facility (including gathering lines) regulated under: |
| * | the Natural Gas Pipeline Safety Act of 1968 as amended [ 49 U.S.C. § 1671 et seq.], or |
| * | the Hazardous Liquid Pipeline Safety Act of 1979 as amended [ 49 U.S.C. § 2001 et seq.]; or |
| * | Pipelines regulated pursuant to 33 U.S.C. and 49 CFR 195 Transportation of Hazardous Liquids by Pipeline; or |
| * | Pipelines regulated pursuant to 46 U.S.C. and 33 CFR 154 Facilities transferring oil or hazardous material in bulk and 33 CFR 156 Oil and hazardous material transfer operations. |
| * | surface impoundment, pit, pond, or lagoon; |
| * | liquid trap or associated gathering lines directly related to oil or gas production or gathering operations; |
| * | Flow Through Process Tank that contains a regulated substance or substances and that forms an integral part of a production process through which there is a steady, variable, recurring, or intermittent flow of material during the operation of the process. Flow Through Process Tanks include, but are not limited to, seal tanks, surge tanks, bleed tanks, check and delay tanks, phase separator tanks, or tanks in which physical or chemical change of a material is accomplished. A Flow Through Process Tank does not include: 1) a tank that is used for the storage of material before its introduction into a production process; 2) a tank that is used for storage of products or by-products from the production process; 3) a tank that is used only to recirculate material; or 4) a tank that stores fuels for combustion subsequently used to provide heat for a process; |
| * | transformers, regulators and breakers used for the sole purpose of electrical power distribution and transmission; |
| * | containment vessels operated as part of a publicly owned treatment works as defined pursuant to Title 7 Del.C. Ch. 60, Environmental Controls, § 6002 and regulated pursuant to Title 7 Del.C. Ch. 60, Environmental Controls, § 6003 or used for the storage and conveyance of wastewater to a treatment plant regulated in accordance with the requirements of the Clean Water Act. |
| * | An AST that has met the requirements of permanent closure in accordance with these Regulations. |
"Accidental Release" as it relates to financial responsibility requirements of Part D, means any sudden or nonsudden release of a regulated substance from an AST that is deemed at the Department's discretion to represent an unacceptable risk to human health, safety or the environment based on accepted principles of risk assessment.
"Agricultural/Farm AST" means an AST less than 40,000 gallons containing a regulated substance, the contents of which are applied to the soil, crops, or livestock or ingested by livestock and used solely to directly facilitate the production of crops, livestock, livestock products or golf course turf. Crops include fish hatcheries, rangeland, cropland and nurseries including turf grass growing operations. Agricultural/Farm ASTs do not include ASTs used to store substances used in a manufacturing process. A manufacturing process does not include Agricultural/Farm ASTs used to store and blend regulated substances for retail sales.
"Ancillary Piping" means all piping, including valves, elbows, joints, flanges, and flexible connectors, attached to an AST through which regulated substance may flow.
"Annual Aggregate" means the total amount of financial responsibility available to cover all obligations that might occur in one year.
"API" means American Petroleum Institute.
"ASTM" means American Society for Testing and Materials.
"Blanketing" means the technique of maintaining the Ullage volume in a regulated AST below the Limiting Oxidant Concentration (LOC) by the use of an inert gas.
"Best Management Practices" means site specific systems of practices, schedules of activities, prohibitions, maintenance procedures, and management measures that prevent or minimize adverse impacts to the environment.
"Bodily Injury" shall have the meaning given to this term by State law; however this term shall not include those liabilities which, consistent with standard insurance industry practices, are excluded from coverage in liability insurance policies for bodily injury;
"Bulk Storage" as it is used in Part B, Section 12.0 of these Regulations, means an AST which is used to store a Flammable Regulated Substance and has the Flammable Regulated Substance added to or withdrawn from the AST by a vessel, tanker truck, rail car or pipeline.
"Cathodic Protection System" means a method to prevent corrosion to metal objects by forcing protective current from an external source onto the structure to be protected to counter or overcome any corrosion activity on its surface.
"CERCLA" means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 [42 USC, § 9601(14)] and any amendments thereto.
"Certified API 570 Inspector" means an individual who is certified by the American Petroleum Institute under the terms of the API 570 certification program to perform piping inspections.
"Certified API 653 Inspector" means an individual who is certified by the American Petroleum Institute under the terms of the API 653 certification program to perform AST inspections.
"Certified STI-SP001 Inspector" means an individual who is certified by the Steel Tank Institute (STI) under the terms of the STI certification program to perform shop-fabricated AST inspections.
"Change In Service" means any change to a registered AST to include but not be limited to removal, permanent change in contents, relocation, permanent closure in place, change in status from either In Service Tank or Out of Service Tank, conversion to storage of other than regulated substances or conversion to a use other than as an AST, or when the AST is emptied.
"Chief Financial Officer" in the case of Local Government Owners and Operators, means the individual with the overall authority and responsibility for the collection, disbursement, and use of funds by the Local Government.
"Combustible" means capable of undergoing combustion.
"Combustion" means the chemical process of oxidation that occurs at a fast enough rate to produce heat and usually light in the form of either a glow or flame.
"Compartmentalized AST" means a single walled compartmentalized AST bearing one Underwriter's Laboratory (UL) label or a double walled compartmentalized AST sharing the same interstice. A compartmentalized AST is a single tank for the purposes of compliance with all applicable requirements of these Regulations. The total capacity of a compartmentalized AST is the sum of all the compartment volumes.
"Compatible" means the ability of two or more substances to maintain their respective physical and chemical properties upon contact with one another for the design life of an AST under conditions likely to be encountered at an AST facility.
"Consumptive Use" with respect to heating fuel means consumed on the premises where stored and is used solely for the operation of equipment used for the generation of heat and is connected directly or via a day tank to the heat generating equipment.
"Continuous Leak Detection" means the uninterrupted measurement of the contents or other characteristics or parameters of an AST which immediately notifies the Operator of the failure of an AST to contain a regulated substance.
"Controlling Interest" means direct ownership of at least 50 percent of the voting stock of another entity;
"Corrective Action" means the sequence of actions, or process that includes confirming a release, site assessment, interim remedial action, remedial action, monitoring, and termination of the remedial action.
"Day" means a calendar day; however, when used to determine when a document is due, or an action is required, and the day falls on the weekend or a holiday, the document may be submitted, or the action started, on the first working day after the weekend or holiday.
"Deflagration" means the propagation of a combustion zone at a velocity which is less than the speed of sound in the unreacted medium.
"Deflagration Pressure Containment" means the technique of specifying the design pressure of a regulated AST and its appurtenances so they are capable of withstanding the maximum pressures resulting from an internal deflagration.
"Deflagration Suppression" means the technique of detecting and arresting combustion in the Ullage volume of a regulated AST while the combustion is still in its incipient stage, thus preventing the development of pressures that could result in a rupture of the AST.
"Department" means the Delaware Department of Natural Resources and Environmental Control.
"DERBCAP" means Delaware Risk Based Corrective Action Protocol.
"Dispensing" as it is used in Part B, Section 12.0 of these Regulations, means an AST which stores a Flammable Regulated Substance, which is transferred directly from the AST into a portable container, or into the fuel tank of a motor, a motor vehicle, or a boat to be used as a motor fuel.
"Dispensing System" means any devise including, hoses (rigid or flexible), piping, fittings, fixtures, gauges, alarms, rupture disks, pressure release valves, flanges, or valves and pumps that are used to distribute, meter, or control the flow of regulated substance to and from an AST.
"Domestic Well" means a well that may serve no more than three dwellings and is used for potable nonpublic water supply purposes and may be used for non-potable household purposes.
"Effective Date" means the most recent date of promulgation of these Regulations.
"Electrically Isolated" means the electrical separation of the AST from the piping, and from other metallic structures and the environment by means of a nonconductive fitting or bushing.
"Empty" or "Emptying" means to thoroughly clean the interior of the AST and all ancillary piping of all residual regulated substances including all sludge, solids, liquids, vapors, and gases.
"EPA" means the United States Environmental Protection Agency.
"Existing AST" means an AST for which substantial physical installation began prior to June 11, 2004. The term substantial physical installation includes, but is not limited to, a permit or contract for the installation.
"External Liner" means a layer or membrane constructed of a material compatible with the contents of the AST and is installed inside an existing secondary containment structure to provide additional assurance of impermeability.
"Facility" means any location or part thereof containing or having contained one or more ASTs.
"Fiduciary" means:
"Field-Constructed" means an AST which is constructed by assembling on-site at a Facility.
"Financial Reporting Year" means the latest consecutive twelve-month period for which any of the following reports used to support a financial test is prepared:
| * | a 10-K report submitted to the SEC; or |
| * | an annual report of tangible net worth submitted to a recognized rating service such as Dun & Bradstreet; or |
| * | annual reports submitted to the Energy Information Administration or the Rural Electrification Administration; or |
| * | audited financial report; or |
| * | annual reports submitted to the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, or the Federal Deposit Insurance Corporation. |
"Fixed Roof" means an AST which has an immovable roof or cover used as the sole means to either contain the vapors from a regulated substance stored within the AST or prevent unwanted contaminants from entering the AST.
"Flammable" means a regulated substance which meets the definition of an NFPA 30 Flammable Liquid.
"Floating Roof" means an AST which has a movable roof or cover which floats or rides upon the surface of a regulated substance to contain vapors from a regulated substance stored within the AST or prevent unwanted contaminants from entering the AST.
"Flow Through Process Tank" means a tank that contains a regulated substance or substances and that forms an integral part of a production process through which there is a steady, variable, recurring, or intermittent flow of material during the operation of the process. Flow Through Process Tanks include, but are not limited to, seal tanks, surge tanks, bleed tanks, check and delay tanks, phase separator tanks, or tanks in which physical or chemical change of a material is accomplished. A Flow Through Process Tank does not include:
"Foreclosure"; "foreclose" mean, respectively:
"Guarantor" means a business entity that:
| * | Possesses a controlling interest in the Owner or Operator; or |
| * | Possesses a controlling interest in a firm that has a controlling interest in the Owner or Operator; or |
| * | Is an affiliate which is controlled through stock ownership by a common parent firm that possesses a controlling interest in the Owner or Operator; or |
| * | Is engaged in a substantial business relationship with the Owner or Operator and is issuing the guarantee as an act incident to that business relationship. |
"Heating Fuel" also known as heating oil, means a type of fuel oil that is one of seven technical grades and is used for heating purposes. These grades are: No. 1, No. 2, No 4-light, No. 4-heavy, No. 5-light, No. 5-heavy, and No. 6 residual and other fuels used as substitutes for one of these fuels such as kerosene and diesel when used for heating purposes. It contains one percent (1%) or more of a petroleum product or was originally derived from a petroleum product or petroleum containing product.
"HIG" means Hydrogeologic Investigation Guidance.
"Imminent threat of a release" means the potential for a Release which requires action to prevent or mitigate damage to the environment or endangerment to public health or welfare which may result from such a release.
"Impervious" means a material of sufficient thickness, density and composition that is impenetrable, or has a permeability of less than 1 X 10 7 cm/sec. to the regulated substance, and that will prevent the discharge to the lands, ground waters, or surface waters of the State of any regulated substance for a period of at least as long as the maximum anticipated time during which the regulated substance will be in contact with the material.
"Impressed Current Cathodic Protection System" means direct current supplied to a Cathodic Protection System.
"Indicated Release" means there are signs that an AST, or the secondary containment system are failing or could potentially fail to contain a regulated substance. Indicated releases are releases that are not observable and are not directly attributable to another source.
"Industrial Well" means a non-potable well that is used in the processing, washing, packing, or manufacturing of a product excluding food and beverages.
"Inert Gas" means a gas which is nonreactive with the contents of an AST. Inert gases may include but shall not be limited to nitrogen, carbon dioxide, helium, argon, xenon and krypton. An inert gas may consist of a mixture of different inert gases.
"Inerting" means the technique by which a combustible mixture in the Ullage volume of an AST is rendered non-ignitable by the addition of an inert gas which reduces the oxidant concentration below the Limiting Oxidant Concentration (LOC).
"In Service" means an AST that:
| * | is being actively maintained or operated; or |
| * | contains a regulated substance or has a regulated substance regularly added to or withdrawn from the AST; or |
| * | is emptied solely for the purpose of cleaning, routine maintenance, or a change in product, for a time period not to exceed one hundred eighty (180) days. |
"Leak" means the failure of an AST to contain a regulated substance.
"Leak Detection" means electronic, manual or mechanical measurement of the contents or other characteristics or parameters of an AST which notifies the Operator of the failure of an AST to contain a regulated substance.
"Legal Defense Cost" means any expense that an Owner or Operator or provider of financial responsibility incurs in defending against claims or actions brought by:
| * | The EPA or the Department to require investigations and/or Corrective Action or to recover the costs of investigations and/or Corrective Action; or |
| * | Or on behalf of a third party for Bodily Injury or property damage caused by an Accidental Release; or |
| * | Any person to enforce the terms of a financial responsibility mechanism. |
"Lender" means:
"Limiting Oxidant Concentration" (LOC) means the concentration of an oxidant below which a deflagration cannot occur.
"Local Government" shall have the meaning given this term by applicable State law and includes Indian tribes. The term is generally intended to include:
| * | Counties, municipalities, townships, separately chartered and operated special districts (including Local Government public transit systems and redevelopment authorities), and independent school districts authorized as governmental bodies by State charter or constitution; and |
| * | Special districts and independent school districts established by counties, municipalities, townships, and other general purpose governments to provide essential services. |
"Major Repair or Major Alteration" means operations that require cutting, addition, removal and/or replacement of the annular plate ring, the shell to bottom weld, or a sizable portion of the shell of an AST. These include but are not limited to the following:
| * | the installation of any shell penetration beneath the design liquid level larger than 12 inches National Pipe Standard, or any bottom penetration located within 12 in. of the shell. |
| * | the removal and replacement or addition of any shell plate beneath the design liquid level, or any annular plate ring material where the longest dimension of the replacement plate exceeds 12 in. |
| * | the complete or partial (more than one-half of the weld thickness) removal and replacement of more than 12 in. of vertical weld joining shell plates, or radial weld joining the annular plate ring. |
| * | the installation of a new bottom. This does not include new bottoms in ASTs where the foundation under the new bottom is not disturbed and either condition (1) or (2) are met: |
| * | (1) For ASTs with annular rings, the annular ring remains intact. |
| * | (2) For ASTs without annular rings, the repair does not result in welding on the existing bottom within the critical zone. |
| * | the removal and replacement of any part of the weld attaching the shell to the bottom or to the annular ring. |
| * | jacking of a tank shell. |
"Monitor Well" means a well installed in accordance with the Delaware's Regulations Governing the Construction and Use of Wells that will be used for the monitoring of ground water quality.
"Motor Fuel" means petroleum or a petroleum-based substance which is typically used in the operation of a motor vehicle, small engine, or aircraft engine, including:
| * | Motor gasoline; |
| * | Aviation gasoline; |
| * | No. 1 or No. 2 diesel fuel, and |
| * | Any grade of gasohol. |
"Motor Oil" means a petroleum product used to lubricate the internal parts of an engine. The term includes lubricating and operational fluids for the mechanical components associated with the engine. This includes any hydraulic, transmission, gear or braking lubricating or operational fluid that through use, storage or handling has become unsuitable for its original purpose due to the presence of impurities or loss of original properties.
"NACE" means National Association of Corrosion Engineers.
"NAPL" means a Non-Aqueous Phase Liquid composed of one or more organic compounds that are immiscible or sparingly soluble in water. The term encompasses all potential occurrences of NAPL including free, mobile, and residual.
| * | "Free NAPL" means NAPL that is hydraulically connected in the pore space and has the potential to be mobile in the environment. |
| * | "NAPL Body" means the 3-dimensional form and distribution of NAPL in the subsurface existing in any phase. |
| * | "NAPL Conceptual Site Model (NCSM)" means a model describing the physical properties, chemical composition, occurrence, and geologic setting of the NAPL body from which estimates of flux, risk and potential remedial action can be generated. The NCSM may be a dynamic, living model that changes through time as a function of natural attenuation or engineered remedial action processes, or additional site knowledge. |
| * | "Mobile NAPL" means free NAPL that is moving laterally or vertically in the environment under prevailing hydraulic conditions. The result of the NAPL movement is a net mass flux from one point to another. Not all free NAPL is mobile, but all mobile NAPL must be free NAPL. |
| * | "Residual NAPL" means NAPL that is hydraulically discontinuous and immobile under prevailing conditions. Residual NAPL cannot move, but is a source for chemicals of concern dissolved in groundwater or in the vapor phase in soil gas. The residual NAPL saturation is a function of the initial or maximum NAPL saturation and the porous medium. |
"New AST" means a tank for which substantial physical installation began on or after June 11, 2004. The term substantial physical installation includes, but is not limited to, a permit or contract for the installation.
"NFPA" means National Fire Protection Association, Inc.
"Noncommercial" means a business or organization whose activities do not result in monetary gain, including educational institutions, non-profit organizations under the terms of the Internal Revenue Service code definition in section 501(c), State, Federal and Local governmental entities and religious organizations.
"Non-Ignitable" means a gas or vapor in the presence of an oxidant in which combustion cannot be initiated by the introduction of an ignition source such as a flame, spark, or heat.
"Occurrence" as it relates to financial responsibility, means an accident, including continuous or repeated exposure to conditions, which results in a release from an AST. This definition is not intended either to limit the meaning of "occurrence" in a way that conflicts with standard insurance usage or to prevent the use of other standard insurance terms in place of "occurrence".
"Operator" means a person operating a facility or who has operated a facility, including, by lease, contract or other form of authorization agreement. Operator includes any Person who has any of the responsibility for the care, custody, and control of the daily operation of an AST.
"Orphan Tank" means:
| * | a tank for which the last person to operate the tank cannot be identified; or |
| * | a tank on property as to which the property Owner can establish that the Owner did not obtain and could not have obtained, through the exercise of reasonable and due diligence, knowledge of the existence of the tank prior to purchase of the property. |
"Out of Service" means an AST that is:
| * | designated as Out of Service by the Owner and Operator or |
| * | an empty tank except when the AST is emptied solely for the purpose of cleaning, routine maintenance or a change in product for a time period not to exceed 180 days. |
"Owner" means:
| * | a person who has or has had a legal interest in a Facility or AST; or |
| * | a person who has or has had an equitable interest in a Facility or AST; and |
| * | Owner does not mean any person who, without participating in the management of a Facility or Aboveground Storage Tank, holds indicia of ownership in a Facility or Aboveground Storage Tank primarily to protect the person's security interest or is a fiduciary which has a legal title to or manages any property for purposes of administering an estate or trust of which such property is part. In the case of foreclosure the person shall not be deemed the owner of the Aboveground Storage Tank provided that the person provides notification to the Department within 30 days of the initiation of foreclosure proceedings for any property containing an Aboveground Storage Tank, either In Service or Out of Service utilizing a form provided by the Department. |
"Oxidant" means any material that can react with a regulated substance to support combustion in the Ullage of an AST. Oxygen in air is the most common oxidant.
"Participation in Management" means actually participating in the management or operational affairs of an Aboveground Storage Tank or Facility and does not include merely having the capacity to influence, or the unexercised right to control, an Aboveground Storage Tank or Facility operations.
"PEI" means Petroleum Equipment Institute.
"Permanent Change in Contents" means the replacement of one substance stored in an AST and ancillary piping for another substance that would effect a change in the AST and ancillary piping's regulated status based on capacity and substance stored.
"Permanent Closure in Place" or "Permanently Closed in Place" or "Permanently Closing in Place" or "Permanently Closed" means leaving an AST and ancillary piping in its installed location, removing the regulated substance from the AST and ancillary piping, thoroughly cleaning the interior of the AST and the interior of the ancillary piping, disconnecting the ancillary piping from the AST, securing the AST and the ancillary piping to prevent unauthorized access, and discontinuing active use of the AST and ancillary piping with the intent of not introducing a regulated substance into the AST and ancillary piping.
"Permeability" means the ease with which fluid can move through a material and is measured by the rate of flow in suitable units.
"Person" means an entity, individual, trust, firm, joint stock company, federal agency, corporation (including a government corporation), partnership, company, association, state, municipality, commission, political subdivision of a state, or any interstate body.
"Pipe" means an impermeable hollow cylinder or tubular conduit that conveys or transports regulated substances, or is used for venting, filling, vapor recovery, or removing regulated substances.
"Professional Engineer" means "engineer", as defined in Title 24 Del.C. Chapter 28, Professional Engineers, namely, a person who by reason of his or her advanced knowledge of mathematics and the physical sciences, acquired by professional education and practical experience, is technically and legally qualified to practice Professional Engineering, and who is licensed by the Delaware Association of Professional Engineers.
"Property Damage" shall have the meaning given this term by applicable State law. This term shall not include those liabilities which, consistent with standard insurance industry practices, are excluded from coverage in liability insurance policies for property damage. However, such exclusions for property damage shall not include corrective action associated with releases from tanks which are covered by the policy.
"Provider of Financial Responsibility" means an entity that provides financial responsibility to an Owner or Operator of an AST through one of the mechanisms listed in these Regulations, including a Guarantor, insurer, risk retention group, surety, issuer of a letter of credit, issuer of a state required mechanism, or a state.
"Public Well" means a well that is used to supply water to more than three dwelling units, 25 or more employees, or for the preparation or manufacturing of food or beverages, or to the public at large.
"RCRA" means the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended, [42 USC § 6901 et seq.].
"Reconstruction" means any work necessary to reassemble an AST that has been dismantled and relocated to a new site.
"Regulated Substance" means a liquid or gas that:
| * | contains 1% or more of a hazardous substance as defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980 [42 U.S.C. § 9601(14)] and any amendments thereto; or |
| * | contains 0.1% or more of a carcinogen as defined by EPA in the Integrated Risk Information System (IRIS) April 2002 and as updated; or |
| * | is a petroleum product, or contains 1% or more of a petroleum product, or was originally derived from a petroleum or petroleum containing product, 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); or |
| * | contains heating fuel as defined in this Part; or |
| * | is a substance determined by the Secretary through regulation to present a risk to public health or welfare or the environment if released into the environment. |
"Release" means the spilling, leaking, discharging, leaching, or disposing of a regulated substance into groundwater, surface water, soil, or air that is not permitted by law, regulation, or permit.
"Release Prevention Barrier" means an Impervious barrier that serves to prevent the escape of regulated substance or to contain or channel the released regulated substance for leak detection.
"Relocation" or "Relocating" or "Relocated" means removing the regulated substance from an AST, thoroughly cleaning the interior of the AST, moving the AST to a new location within a Facility without a transfer of ownership or moving the AST to a different Facility without a transfer of ownership, installing the AST in its new location, and inspecting the AST prior to its continued use for the storage of a regulated substance.
"Remedial Action" means activities conducted to protect human health, safety, and the environment. These activities include but are not limited to evaluating risk, making no further action determinations, monitoring institutional and engineering controls, and designing and operating cleanup equipment.
"Removal" or "Removing" or "Removed" means taking the regulated substance from the AST and ancillary piping, thoroughly cleaning the interior of the AST and ancillary piping, completely displacing the AST and ancillary piping from its installed location, and rendering the AST and ancillary piping permanently non-useable or discontinuing use of the AST and ancillary piping as an AST and ancillary piping with the intent of not introducing a regulated substance into the AST and ancillary piping.
"Repair" means to restore to proper operating condition a Tank, Pipe, spill prevention equipment, overfill prevention equipment, corrosion protection equipment, Release Detection equipment or other AST System component that has caused a Release of product from the AST System or has failed to function properly.
"Responsible Party" means any Person who:
"Retrofit" or "Upgrade" means to modify an AST to meet standards contained in these Regulations.
"Sacrificial Anode Cathodic Protection System" means a system to control corrosion of a metal surface which entails installing an electrode of an electrochemical cell that will oxidize preferentially to the metal surface that has been made the cathode of the electrochemical cell.
"Secondary Containment" means a containment system designed and constructed to retain any regulated substance that leaves the primary containment including an AST and Ancillary Piping and prevent any regulated substance from reaching the surface water, groundwater, or adjacent land before cleanup occurs. Included are structures/ devices sufficiently impermeable to contain released regulated substances for a period of time sufficient for the cleanup and removal of captured material including;
| * | dikes, berms or retaining walls; |
| * | curbing; |
| * | diversion ponds, holding tanks, sumps; |
| * | vaults; |
| * | double-walled tanks; |
| * | liners external to the tanks; |
| * | other means as approved by the Department. |
"Secretary" means the Secretary of the Department of Natural Resources and Environmental Control or a duly authorized designee.
"Security interest" means an interest in an AST or AST system or in a Facility or property on which an AST or AST system is located, created or established for the purpose of securing a loan or other obligation. Security interests include but are not limited to mortgages, deeds of trusts, liens, and title pursuant to lease financing transactions. Security interests may also arise from transactions such as sale and leasebacks, conditional sales, installment sales, trust receipt transactions, certain, certain assignments, factoring agreements, accounts receivable financing arrangements, and assignments, if the transaction creates or establishes an interest in an AST or AST system or in the facility or property on which the AST or AST system is located, for the purpose of securing a loan or other obligation.
"Shop-Fabricated" means an AST which is constructed at a tank manufacturer's plant and transported to a Facility for installation.
"Site Assessment" means to measure for the presence of a release where contamination is most likely to be present at an AST site. Selection of sample types, sample locations and measurement methods shall be based on the nature of the substance stored, the type of backfill, the depth to groundwater, and other factors appropriate for identifying the presence of a release. A site assessment is not restricted to the property containing the AST System.
"Spark Extinguishing System" means a process in which the radiant energy of a spark or an ember is detected and the spark or ember is quenched.
"Spent Acid" or "Spent Caustic" means an acid or caustic regulated substance which was used in a process where it was mixed with, or reacted with, or used as a catalyst to produce, or may have come in contact with a Flammable liquid as defined by NFPA 30.
"State" means the State of Delaware.
"Substantial Business Relationship" means the extent of a business relationship necessary under applicable state law to make a guarantee contract issued incident to that relationship valid and enforceable. A guarantee contract is issued "incident to that relationship" if it arises from and depends on existing economic transactions between the Guarantor and the Owner or Operator.
"Substantial Governmental Relationship" means the extent of a governmental relationship necessary under applicable state law to make an added guarantee contract issued incident to that relationship valid and enforceable. A guarantee contract is issued "incident to that relationship" if it arises from a clear commonality of interest in the event of an AST release such as coterminous boundaries, overlapping constituencies, common ground-water aquifer, or other relationship other than monetary compensation that provides a motivation for the Guarantor to provide a guarantee.
"Tangible Net Worth" means the tangible assets that remain after deducting liabilities; such assets do not include intangibles such as goodwill and rights to patents or royalties. For purposes of this definition, "assets" means all existing economic benefits obtained or controlled by a particular entity as a result of past transactions.
"Termination" means only those changes that could result in a gap in financial responsibility coverage as where the insured has not obtained substitute coverage or has obtained substitute financial responsibility coverage with a different retroactive date of the original policy.
"Tier 0", as described in DERBCAP, means the initial process of gathering and evaluating data at the time of a tank related activity to assess soil and confirm the presence or absence of a release of a regulated substance.
"UL" means Underwriters Laboratories, Inc.
"Ullage" means the volume of a Fixed Roof AST which does not contain a regulated substance in liquid form. It is synonymous with the vapor space.
"Underground Pipe" means piping or portions of piping meeting all of the following conditions:
| * | Is physically underground and cannot be visually inspected; and |
| * | Conveys or transports a regulated substance stored in the AST; and |
| * | Is located between the AST and the first vessel, tank, or other piece of equipment (other than piping components such as pumps, valves and the Dispensing System) that does not meet the definition of an AST. |
"Upgrade" or "Retrofit" means to modify an AST to meet standards contained in these Regulations.
"Upper Flammable Limit (UFL)" means the highest concentration of a flammable substance in which combustion can propagate in the presence of an oxidant.
"Vault" means a structure that completely encloses the tank and must be constructed of materials compatible with the Regulated Substance to be contained in the AST.
"Verifiable Service" means delivery of mail by means of a delivery service that provides verification upon delivery.
7 Del. Admin. Code § 1352-A-2.0
20 DE Reg. 815 (4/1/2017)
27 DE Reg. 536 (1/1/2024) (Final)