Section 096-693-2 - DefinitionsThe following terms, as used in this chapter, have the following meanings:
A.Aboveground oil storage tank. "Aboveground oil storage tank" means any aboveground container, less than 10% of the capacity of which is beneath the surface of the ground, that is used or intended to be used for the storage or supply of oil. Included in this definition are any tanks situated upon or above the surface of a floor and in such a manner that they may be readily inspected. Drums or other storage containers that have capacity of 60 gallons or less and oil-containing electrical equipment are not included in this definition.A-1.Airport Hydrant System. "Airport Hydrant System" means large diameter piping that fuels aircraft, operates under high pressure, is part of an underground oil storage facility and typically terminates into one or more hydrants.B.Commissioner. "Commissioner" means the Commissioner of Environmental Protection.C.Department. "Department" means the Maine Department of Environmental Protection composed of the Board of Environmental Protection and the Commissioner.D.Facility. "Facility" means an underground oil storage facility or an underground hazardous substance storage facility. D-1Field Constructed Underground Oil Storage Facility."Field Constructed Underground Oil Storage Facility" means a facility with an underground oil storage tank that is constructed in the field, including a tank constructed of concrete that is poured in the field, or a steel or fiberglass tank primarily fabricated in the field.E.Hazardous substance. "Hazardous substance" means any liquid containing a hazardous substance as defined under theUncontrolled Hazardous Substance Sites Law,38 M.R.S. §1362, except that, for the purpose of this rule, a liquid is not a hazardous substance because it contains: (1) A substance identified as hazardous waste under Identification of Hazardous Waste, 06-096 C.M.R. ch.850 of Department rules;(2) Oil as defined in this section; or(3) Waste oil as defined in the Maine Hazardous Waste, Septage and Solid Waste Management Act, 38 M..S. §1303-C(42). For the purpose of this rule, "hazardous substance" does not include: liquids containing hazardous substances in such low concentrations that the liquid meets state and federal standards for human consumption; and liquids that the commissioner determines will have no adverse human health or environmental impact if released to the environment.
F.Motor fuel. "Motor fuel" means oil that is motor gasoline, aviation gasoline, #1 or #2 diesel fuel or any grade of gasohol, gasoline or distillate fuel typically used in the operation of a vehicle, generator or other internal combustion engine.G.M.R.S. "M.R.S." means the Maine Revised Statutes.H.Oil. "Oil" means oil, oil additives, petroleum products and their by-products of any kind and in any form including, but not limited to, petroleum, fuel oil, sludge, oil refuse, oil mixed with other nonhazardous waste, crude oils and all other liquid hydrocarbons regardless of specific gravity. "Oil" does not include propane, liquefied natural gas or other liquefied petroleum that is a gas at ambient temperatures.I.Operator. "Operator" means any natural person who is in control of and responsible for the operation of a facility as defined in this section who has been trained and certified in accordance with this rule. (1)Class A operator. "Class A operator" means the owner, employee or agent who has primary responsibility for operation and maintenance of the facility. A Class A operator at an underground oil storage facility manages resources and personnel to achieve and maintain compliance with the Department Rule for Underground Oil Storage Facilities, 06-096 C.M.R. ch. 691, §§1 through 5, 7 and 11 through 13. A Class A operator at an underground hazardous substance storage facility manages resources and personnel to achieve and maintain compliance with 06-096 C.M.R. ch. 695.(2)Class B operator. "Class B operator" means the owner, employee or agent who has responsibility for the day-to-day on-site operation and maintenance of the facility. A Class B operator at an underground oil storage facility implements the requirements of 06-096 C.M.R. ch. 691, §§ 1 through 5, 7 and 11 through 13 at the underground oil storage facility. A Class B operator at an underground hazardous substance storage facility implements the requirements of 06-096 C.M.R. ch. 695.(3)Class C operator. "Class C operator" means the facility owner, employee or agent who has responsibility for the initial on-site response to alarms or other indications of emergencies caused by spills or releases from the facility. A Class C operator at an underground oil storage facility typically controls or monitors the dispensing and sale of oil at a facility.(4)Class A/B operator. "Class A/B operator" means the facility owner, employee or agent certified as an operator using the Tank Smart program. A Class A/B operator may perform the responsibilities of the Class A and Class B operator.J.Owner. "Owner" means any person who alone, or in conjunction with others, owns a facility as defined in this section. When the owner and operator of a facility are different entities (e.g. landlord and tenant), the owner shall take the actions required by this chapter in coordination with the facility operator who shall cooperate with the owner and both entities shall be responsible for ensuring that the actions are taken.K.Tank Smart program. "Tank Smart program" means the proprietary program developed by the Department pursuant to Section 7 of this chapter.L.Underground hazardous substance storage facility. "Underground hazardous substance storage facility," also referred to as "facility," means any underground hazardous substance storage tank or tanks together with associated piping and dispensing facilities located under any land at a single location and used, or intended to be used, for the storage or supply of a hazardous substance.M.Underground hazardous substance storage tank. "Underground hazardous substance storage tank" as defined in this section, means any container, including piping, 10 percent or more of the volume of which is beneath the surface of the ground and which is used, or intended to be used, for the storage or supply of a hazardous substance as defined in this section, but does not include any tanks situated in an underground area if these tanks or containers are situated upon or above the surface of a floor and in such a manner that the entire exterior surface of the tank may be readily inspected.N.Underground oil storage facility. "Underground oil storage facility" means any underground oil storage tank or tanks, as defined in Section 2(O), together with associated piping and dispensing equipment located under any land at a single location and used, or intended to be used, for the storage or supply of oil, as defined in this rule. "Underground oil storage facility" also includes piping located under any land at a single location associated with aboveground storage tanks and containing 10 percent or more of the facility's volume capacity.O.Underground oil storage tank. "Underground oil storage tank" means any container, 10 percent or more of its volume being beneath the surface of the ground and which is used, or intended to be used, for the storage, use, treatment, collection, capture or supply of oil as defined in this section, but does not include tanks or containers situated on or above the surface of a floor in such a manner that they may be readily inspected.06- 096 C.M.R. ch. 693, § 2