15A NCAC 02L .0502      Definitions

The definitions as set out in Rule .0102 of this Subchapter apply to this Section, in addition the following definitions apply throughout this Section:

(1)           "Aboveground storage tank" or "AST" means any one or a combination of tanks (including underground pipes connected thereto) that is used to contain an accumulation of petroleum.

(2)           "AST system" means an aboveground storage tank, connected underground piping, underground ancillary equipment, and containment system, if any.

(3)           "Discharge" includes any emission, spillage, leakage, pumping, pouring, emptying, or dumping of oil into groundwater or surface water or upon land in such proximity to such water that it is likely to reach the water and any discharge upon land which is intentional, knowing, or willful.

(4)           "Non-UST means as defined in G.S. 143-215.104AA(g) and excludes underground storage tank releases governed by G.S. 143-215.94V.

(5)           "Operator" means any person in control of, or having responsibility for the daily operation of the AST system.

(6)           "Owner" means any person who owns a petroleum aboveground storage tank or other non-UST petroleum tank, stationary or mobile, used for storage, use, dispensing, or transport.

(7)           "Person" means an individual, trust, firm, joint stock company, Federal agency, corporation, state, municipality, commission, political subdivision of a state, or any interstate body. "Person" also includes a consortium, a joint venture, a commercial entity, and the United States Government.

(8)           "Petroleum" or "petroleum products" means as defined in G.S. 143-215.94A(10).

(9)           "Release" means any spilling, leaking, emitting, discharging, escaping, leaching, or disposing into groundwater, surface water, or surface or subsurface soils.

(10)         "Tank" means a device used to contain an accumulation of petroleum and constructed of non-earthen materials (e.g., concrete, steel, plastic) that provides structural support.


History Note:        Authority G.S. 143-212(4); 143-215.3(a)(1); 143-215.77; 143B-282; 143-215.84; 143-215.104AA;

Eff. March 1, 2016.