N.H. Admin. Code Env, Env-Or, ch. Env-Or 400, pt. Env-Or 409, app C

Current through Register No. 50, December 12, 2024
Appendix C - Statutory Definitions

RSA 146-A:2:

III: "Oil" means petroleum products and their by-products of any kind, and in any form including, but not limited to, petroleum, fuel, sludge, crude, oil refuse or oil mixed with wastes and all other liquid hydrocarbons regardless of specific gravity and which are used as motor fuel, lubricating oil, or any oil used for heating or processing. The term "oil'' shall not include natural gas, liquified petroleum gas or synthetic natural gas regardless of derivation or source;

RSA 146-C:1:

II. "Discharge" means the release or addition of any oil or hazardous substance to land, groundwater or surface water.

IV. "Existing facility" means a facility the construction or installation of which began prior to September 17, 1985.

V. "Facility" means an assemblage of tanks, pipes, pumps, vaults, fixed containers, and appurtenant structures, singly or in any combination, which are used or designed to be used for the storage, transmission, or dispensing of oil or a hazardous substance, and which are within the size, capacity, and other specifications prescribed by rules adopted by the department pursuant to RSA 146-C:9, VI.

VII-a. "Hazardous substance" means material defined as a regulated substance under 42 U.S.C. 6991(2)(A) in addition to any material designated as a hazardous substance pursuant to RSA 146-C:9, VI-a.

X. "New facility" means a facility the construction or installation of which begins on or after September 17, 1985, including, but not limited to, facilities which replace existing facilities, facilities which are moved from one location to another, and facilities which are substantially modified after September 17, 1985.

XII. "Oil" means "oil" as defined in RSA 146-A:2.

XIII. "Operator" means the person who has responsibility for the care, custody, and control of the daily operation of a facility.

XIII-a. "Class A operator" means the individual or individuals designated by the owner to have primary statutory and regulatory responsibility for the operation and maintenance of the facility. The "class A operator" may hold more than one class of operator position.

XIII-b. "Class B operator" means the individual or individuals designated by the owner to implement applicable regulatory requirements and implement the daily aspects of the operation, maintenance, and recordkeeping for the facility. The "class B operator'' may hold more than one class of operator position.

XIII-c. "Class C operator" means the individual or individuals designated by the owner to have primary responsibility for responding to alarms, emergencies presented by spills or releases, and other problems associated with the operation of the facility. The "class C operator'' may hold more than one class of operator position.

XIV. "Owner" means the person in possession of or having legal ownership of a facility. In addition, for facilities no longer in use, "owner'' includes the person having had legal ownership of such facility immediately prior to discontinuance of its use.

XIV-a. "Person" means any individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state and agencies thereof, municipality, commission, political subdivision of a state, interstate body, consortium, joint venture, commercial entity, the United States government and agencies thereof, and any other legal entity.

XV. "Residential building" means any house, apartment, trailer, manufactured housing, or other structure occupied by individuals as a domicile.

XVI. "Substantial modification" means the construction or installation of any addition to a facility or any restoration or renovation of a facility which: increases or decreases the on-site storage capacity of the facility; significantly alters the physical configuration of the facility; or impairs or improves the physical integrity of the facility or its monitoring systems. On-site abandonment is specifically excluded as a "substantial modification" of a facility.

XVIII. "Underground storage facility" means a facility or facility component that is 10 percent or more below the surface of the ground and is not fully visible for inspection.

RSA 485:1-a:

XV. "Public water system" means a system for the provision to the public of piped water for human consumption, if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. Such term includes (1) any collection, treatment, storage, and distribution facilities under control of the operator of such system and used primarily in connection with such system, and (2) any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system. Any water system which meets all of the following conditions is not a public water system: (a) Consists only of distribution and storage facilities (and does not have any collection and treatment facilities); (b) Obtains all of its water from, but is not owned or operated by, a public water system; and (c) Does not sell water to any person.

RSA 485-A:2:

XIV. "Surface waters of the state" means perennial and seasonal streams, lakes, ponds, and tidal waters within the jurisdiction of the state, including all streams, lakes, or ponds bordering on the state, marshes, water courses, and other bodies of water, natural or artificial.

N.H. Admin. Code Env, Env-Or, ch. Env-Or 400, pt. Env-Or 409, app C