Current through Register Vol. XLI, No. 50, December 13, 2024
Section 33-32-3 - Definitions3.1. "Accidental Release " means any sudden or nonsudden release of petroleum from an underground storage tank that results in a need for corrective action and/or compensation for bodily injury or property damage neither expected nor intended by the tank owner or operator.3.2. "Administrator" means private or state individuals, organizations, other state agencies, companies, corporations, or other persons designated by the director through agreements, including reimbursement for services rendered, contracts, and cooperative arrangements under such terms and conditions as he or she deems appropriate to administer the Underground Storage Tank Insurance Trust Fund in accordance with W. Va. Code '22-17-5(c).3.3. "Advisory Committee" means the underground storage tank advisory committee as prescribed in W. Va. Code '22-17-7.3.4. "Damages" means bodily injury or property damage caused by a release or accidental release as defined in this rule.3.5. "Director" means the director of the division of environmental protection of the bureau of environment or other such person to whom the director has delegated authority and duties pursuant to W. Va. Code ''22-1-6 or 8.3.6. "Deductible" means an amount of money paid by the insured that relieves the insurer of responsibility for an initial specified loss.3.7. "Division" means the division of environmental protection of the bureau of environment.3.8. "Premium" means the payment made for a contract of insurance.3.9. "Release" means any spilling, leaking, emitting, discharging, escaping, leaching or disposing from an underground storage tank into groundwater, surface water, or subsurface soils. 3.10. "Regulated Substance" means: 3.10.a. Any substance defined in section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 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; and3.10.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). The term "regulated substance" includes, but is not limited to, petroleum and petroleum-based substances comprised of a complex blend of hydrocarbons derived from crude oil through processes of separation, conversion, upgrading, and finishing such as motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, and used oils.3.11. "Underground Storage Tank" or "UST" means one tank or a 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 the underground pipes connected thereto, is ten percent (10%) or more beneath the surface of the ground. The term "underground storage tank" does not include: 3.11.a. Farm or residential tanks with a capacity of eleven hundred (1,100) gallons or less used for storing motor fuel for noncommercial purposes;3.11.b. Tanks used for storing heating oil for consumptive use on the premises where stored;3.11.d. A pipeline facility, including gathering lines, regulated under the Natural Gas Pipeline Safety Act of 1968, as amended, or the Hazardous Liquid Pipeline Safety Act of 1979, as amended, or an intrastate pipeline facility regulated under state laws comparable to the provisions of either of those acts;3.11.e. Surface impoundments, pits, ponds, or lagoons;3.11.f. Storm water or wastewater collection systems;3.11.g. Flow-through process tanks;3.11.h. Liquid traps or associated gathering lines directly related to oil or gas production and gathering operations;3.11.i. Storage tanks situated in an underground area such as a basement, cellar, mine working, drift, shaft, or tunnel if such storage tank is situated upon or above the surface of the floor; and3.11.j. Any pipes connected to any tank which is described in subdivisions 3.11.a. through 3.11.i. of this rule.