319.100. Definitions.

MISSOURI STATUTES AND CODES

Definitions.

319.100. As used in sections 319.100 to 319.137, the following termsmean:

(1) "Aboveground storage tank", any one or a combination of tanks,including pipes connected thereto, used to contain an accumulation ofpetroleum and the volume of which, including the volume of the abovegroundpipes connected thereto, is ninety percent or more above the surface of theground, and is utilized for the sale of products regulated by chapter 414,RSMo. The term does not include those tanks described in paragraphs (a) to(k) of subdivision (16) of this section or aboveground storage tanks atpetroleum pipeline terminals;

(2) "Board", the board of trustees of the petroleum storage tankinsurance fund;

(3) "Conference, conciliation and persuasion", a process of verbal orwritten communications consisting of meetings, reports, correspondence ortelephone conferences between authorized representatives of the departmentand the alleged violator. The process shall, at a minimum, consist of oneoffer to meet with the alleged violator tendered by the department. Duringany such meeting, the department and the alleged violator shall negotiatein good faith to eliminate the alleged violation and shall attempt to agreeupon a plan to achieve compliance;

(4) "Department", the department of natural resources;

(5) "Fund", the petroleum storage tank insurance fund establishedpursuant to section 319.129;

(6) "Guarantor", any person, other than the owner or the operator,who provides evidence of financial responsibility;

(7) "Minor violation", a violation which possesses a small potentialto harm the environment or human health or cause pollution, was notknowingly committed, and is not defined by the United States EnvironmentalProtection Agency as other than minor;

(8) "Operator", any person in control of, or having responsibilityfor, the daily operation of the tank;

(9) "Owner", shall include any person who owned an undergroundstorage tank immediately before the discontinuation of its use if not inuse on August 28, 1989, or any person who owns an underground storage tankin use on or after August 28, 1989, and any person who owned an abovegroundstorage tank that was utilized for the sale of products regulated bychapter 414, RSMo, immediately before the discontinuation of its use if notin use on August 28, 1996, and any person who owns an aboveground storagetank utilized for the sale of products regulated by chapter 414, RSMo, inuse on or after August 28, 1996. The term does not include any person who,without participating in the management of an aboveground storage tank orunderground storage tank or both types of tanks, and otherwise notprimarily engaged in petroleum production, refining, and marketing, holdsindicia of ownership primarily to protect a security interest in or lien onthe tank or the property where the tank is located;

(10) "Participating in management" does not include monitoring theoperator's business, acquiring title in lieu of a foreclosure or otheragreement in settlement of the operator's or property owner's debt;

(11) "Person", any individual, trust, firm, joint stock company,corporation, including a government corporation, partnership, association,the state and its political subdivisions, or any interstate body. "Person"also includes any consortium, joint venture, commercial entity, and thegovernment of the United States;

(12) "Petroleum" shall mean gasoline, kerosene, diesel, lubricantsand fuel oil;

(13) "Petroleum storage tank", an aboveground storage tank or anunderground storage tank used to contain an accumulation of petroleum. Theterm does not include those tanks described in paragraphs (a) to (k) ofsubdivision (16) of this section;

(14) "Regulated substance" includes:

(a) Any substance defined in Section 101(14) of the federalComprehensive Environmental Response, Compensation, and Liability Act (P.L.96-510), as amended, but not including any substance regulated as ahazardous waste under Subtitle C of the federal Resource Conservation andRecovery Act of 1976 (P.L. 94-580), as amended; and

(b) Petroleum, including crude oil or any fraction thereof, which isliquid at standard conditions of temperature and pressure, sixty degreesFahrenheit and fourteen and seven-tenths pounds per square inch absolute,respectively; and

(c) Any substance adopted by rule in accordance with federal lawsreferenced by Section 101(14) of the federal Comprehensive EnvironmentalResponse, Compensation, and Liability Act (P.L. 96-510);

(15) "Release" includes, but is not limited to, any spilling,leaking, emitting, discharging, escaping, leaching, or disposing from apetroleum storage tank into groundwater, surface water, or subsurfacesoils;

(16) "Underground storage tank", any one or combination of tanks,including pipes connected thereto, used to contain an accumulation ofregulated substances, and the volume of which, including the volume of theunderground pipes connected thereto, is ten percent or more beneath thesurface of the ground. The department shall adopt, delete or modifyexemptions established in this subdivision to any modifications, additionsor deletions made by the Environmental Protection Agency. Exemptions fromthis definition and regulations promulgated under the provisions ofsections 319.100 to 319.137 include:

(a) Farm or residential tank of eleven hundred gallons or less usedfor storing motor fuel for noncommercial purposes;

(b) Tanks used for storing heating oil for consumptive use on thepremises where stored;

(d) Pipeline facilities, including gathering lines, regulated under:

a. The federal Natural Gas Pipeline Safety Act of 1968 (P.L. 90-481),as amended; or

b. The federal Hazardous Liquid Pipeline Act of 1979 (P.L. 96-129),as amended;

(e) Pipeline facilities regulated under state laws comparable to theprovisions of law referred to in paragraph (d) of this subdivision;

(f) Surface impoundments, pits, ponds, or lagoons;

(g) Storm water or wastewater collection systems;

(h) Flow-through process tanks;

(i) Liquid traps or associated gathering lines directly related tooil or gas production and gathering operations; and

(j) Storage tanks situated in an underground area, such as abasement, cellar, mineworking, drift, shaft, or tunnel, if the storage tankis situated upon or above the surface of the floor; and

(k) Transformers, circuit breakers or other electrical equipment.