15A NCAC 02P .0202       DEFINITIONS

(a)  The Definitions for "Criteria and Standards Applicable to Underground Storage Tanks" contained in 15A NCAC 2N .0203 are hereby incorporated by reference including subsequent amendments and editions, except that for the purposes of this Subchapter, the definition of "Underground Storage Tank" shall be as defined in Subparagraph (b)(12) of this Rule.

(b)  The following terms are defined for use in this Subchapter:

(1)           "Annual operating fee" is an annual fee required to be paid to the Department by the owner or operator of each commercial underground storage tank in use on or after 1 January of the year, beginning with 1989.

(2)           "Commission" means the Environmental Management Commission as organized under Chapter 143B of the General Statutes.

(3)           "Department" means Department of Environment, Health, and Natural Resources.

(4)           "Discovered release" means a release which an owner or operator, or its employee or agent, has been made aware of, has been notified of, or has a reasonable basis for knowing has occurred.

(5)           "Dual usage tank" means an underground storage tank which could be considered both a commercial underground storage tank and a noncommercial underground storage tank and for which both the commercial and the noncommercial usages are integral to the operation or existence of the tank.

(6)           "Household" means a permanent structure, whether free‑standing or connected to other units, used primarily for living, where primary living space and primary food preparation facilities are controlled or maintained by the residents.  "Household" includes single‑family houses, mobile homes, apartments, and single living units, whether or not the residents are related to each other and whether the units are occupied on a year‑round or seasonal basis.  "Household" does not include dormitories, hospitals, hotels, motels, apartment buildings (as distinct from the individual apartments therein), or other multiple dwelling structures.  The term "four or fewer households" shall relate to underground storage tanks serving households only.

(7)           "Landowner" means any record fee owner of real property that contains or contained a commercial underground storage tank of which he does not qualify as an owner or operator pursuant to G.S. 143‑215.94A.

(8)           "Occurrence" means one or more release(s) that result(s) in a single plume of soil, surface water, or groundwater contamination (consisting of free product or dissolved contaminants exceeding standards specified in 15A NCAC 2L or any other applicable laws, rules or regulations) originating at a single property.

(9)           "Reasonable and necessary expenditures" means expenditures for the cleanup of environmental damage performed in accordance with applicable environmental laws and regulations and which are essential in determining the extent of contamination, in conducting release response or remediation, or which compensate third parties for resulting bodily injury and property damage.  The Commission shall consider such expenditures reasonable and necessary to the extent that they are sufficiently documented, are performed in an efficient manner considering comparable costs for labor, equipment, and materials, and utilize cost‑efficient methods.

(10)         "Substantive law, rule, or regulation" shall mean any law, rule, or regulation requiring an owner or operator to perform any act necessary and essential in preventing discharges or releases, in facilitating their early detection, and in mitigating the impact of discharges or releases.

(11)         "Tank in operation" means an underground storage tank into which product is added or from which product is removed for purposes other than closure.

(12)         "Tank in use" means an underground storage tank intended for the containment or dispensing of petroleum  product.

(13)         "Underground storage tank", as used in this Subchapter means any Commercial or Noncommercial Underground Storage Tank as defined in G.S. 143‑215.94A.  A dual usage tank is considered to be a commercial underground storage tank.


History Note:        Authority G.S. 143‑215.3; 143‑215.94A; 143‑215.94B; 143‑215.94C; 143‑215.94D;

143‑215.94E; 143‑215.94L; 143‑215.94T; 143B-282;

Eff. February 1, 1993;

Amended Eff. September 1, 1993.