15A NCAC 02O .0203       DEFINITIONS

(a)  The definitions contained in 15A NCAC 2N .0203 and 40 CFR 280.92 are hereby incorporated by reference including any subsequent amendments and editions, except for "Director of the Implementing Agency", "Occurrence", and "Financial Reporting Year".  Locations where this material is available are specified in Rule .0102 of this Subchapter.

(b)  The following definitions are defined for the purposes of this Subchapter:

(1)           "Annual Operating Fee" is an annual fee required to be paid by the owner or operator of each commercial underground storage tank, as defined in G.S. 143-215.94A,  in use on or after January 1 of the year, beginning with 1989.

(2)           "Dual Usage Tank" means an underground storage tank which has had varied usage which would cause the tank to be considered an underground storage tank regulated in accordance with 15A NCAC 2N during certain times and an unregulated tank during other times and for which both the regulated and unregulated usages were integral to the operation or existence of the tank.

(3)           "Director of the Implementing Agency" means the Director of the Division of Environmental Management of the Department of Environment, Health, and Natural Resources.

(4)           "Financial reporting year" means the latest consecutive twelve-month period for which any of the following reports used to support a financial test is prepared:

(A)          a 10K report submitted to the SEC;

(B)          an annual report of tangible net worth submitted to Dun and Bradstreet;

(C)          annual reports submitted to the Energy Information Administration or the Rural Electrification Administration; or

(D)          a compilation report by a Certified Public Accountant or Certified Public Accounting Firm.

(5)           "Occurrence" means one or more releases which result(s) in a single plume of soil, groundwater, and/or surface water contamination (consisting of free product and/or associated dissolved contaminants exceeding standards established under 15A NCAC 2L .0202 or any other applicable laws, rules, or regulations) emanating from a given site.


History Note:        Authority G.S. 143‑215.94A; 143‑215.94H; 150B‑21.6;

Eff. July 1, 1992.