W. Va. Code R. § 33-31-2

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 33-31-2 - Definitions

2.1. "Act" means the West Virginia Underground Storage Tank Act (W. Va. Code § 22-17-1 et seq.).

2.2. "Change-In-Service" means when an underground storage tank system has undergone a "change-in-service" pursuant to 40 C.F.R. §§280.71 and 280.72.

2.3. "Department" means the department of environmental protection.

2.4. "Owner" means:

2.4.a. In the case of an underground storage tank system in use on November 8, 1984, or brought into use after that date, a person who owns an underground storage tank used for the storage, use, or dispensing of a regulated substance.

2.4.b. In the case of an underground storage tank system, in use before November 8, 1984, but no longer in use on that date, a person who owned such a tank immediately before the discontinuation of its use.

2.5. "Person" means any individual, trust, firm, joint stock company, federal agency, corporation (including government corporations), partnership, association, state, municipality, commission, political subdivision of a state, interstate body, consortium, joint venture, commercial entity, or the United States government.

2.6. "Permanent Closure" means the closure of an underground storage tank in the manner specified under 40 C.F.R. §§ 280.71 and 280.72.

2.7. "Regulated Substance" means:

2.7.a. Any substance defined in section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, but not including any substance regulated as a hazardous waste under Subtitle C of the federal Resource Conservation and Recovery Act of 1976, as amended; or

2.7.b. Petroleum, including crude oil or any fraction thereof which is liquid at a temperature of sixty (60) degrees fahrenheit and a pressure of fourteen and seven-tenths pounds per square inch absolute (14.7 psia).

2.8. "Underground Storage Tank" or "UST" means any one or combination of tanks, and the underground pipes connected thereto, that is used to contain an accumulation of regulated substances and the volume of which, including the volume of underground pipes connected thereto, is ten percent (10%) or more beneath the surface of the ground. The term underground storage tank does not include:

2.8.a. Farm or residential tanks with a capacity of eleven hundred (1,100) gallons or less and used for storing motor fuel for noncommercial purposes;

2.8.b. Tanks used for storing heating oil for consumptive use on the premises where stored;

2.8.c. Septic tanks;

2.8.d. A pipeline facility, including gathering lines, regulated under the Natural Gas Pipeline Safety Act of 1968 or the Hazardous Liquid Pipeline Safety Act of 1979, or an intrastate pipeline facility regulated under state laws comparable to the provisions of either of those acts;

2.8.e. Surface impoundments, pits, ponds, or lagoons;

2.8.f. Storm water or wastewater collection systems;

2.8.g. Flow-through process tanks;

2.8.h. Liquid traps or associated gathering lines directly related to oil or gas production and gathering operations;

2.8.i. Storage tanks situated in an underground area such as basement, cellar, mine working, drift, shaft, or tunnel if such storage tank is situated upon or above the surface of the floor; and

2.8.j. Any pipes connected to any tank which is described in sub-division 2.8.a. through 2.8.i. of this rule.

W. Va. Code R. § 33-31-2