§ 143-215.94A. Definitions. - North Carolina Statutes

Part2A. Leaking Petroleum Underground Storage Tank Cleanup.

§ 143‑215.94A.  Definitions.

Unless a different meaning is required by the context, the followingdefinitions shall apply throughout this Part and Part 2B of this Article:

(1a)      "Affiliate" has the same meaning as in 17 Code ofFederal Regulations § 240.12(b)‑2 (1 April 1994 Edition), which defines"affiliate" as a person that directly, or indirectly through one ormore intermediaries, controls, is controlled by, or is under common control ofanother person.

(1b)      "Commercial Fund" means the Commercial LeakingPetroleum Underground Storage Tank Cleanup Fund established pursuant to thisPart.

(2)        "Commercial underground storage tank" means anyone or combination of tanks (including underground pipes connected thereto)used to contain an accumulation of petroleum products, the volume of which(including the volume of the underground pipes connected thereto) is tenpercent (10%) or more beneath the surface of the ground. The term"commercial underground storage tank" does not include any:

a.         Farm or residential underground storage tank of 1,100gallons or less capacity used for storing motor fuel for noncommercialpurposes;

b.         Underground storage tank of 1,100 gallons or less capacityused for storing heating oil for consumptive use on the premises where stored;

c.         Underground storage tank of more than 1,100 gallon capacityused for storing heating oil for consumptive use on the premises where storedby four or fewer households;

d.         Septic tank;

e.         Pipeline facility (including gathering lines) regulatedunder:

1.         The Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. §1671 et seq.);

2.         The Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C.§ 2001 et seq.); or

3.         Any intrastate pipeline facility regulated under State lawscomparable to the provisions of the Natural Gas Pipeline Safety Act of 1968 orthe Hazardous Liquid Pipeline Safety Act of 1979;

f.          Surface impoundment, pit, pond, or lagoon;

g.         Storm water or waste water collection system;

h.         Flow‑through process tank;

i.          Liquid trap or associated gathering lines directly relatedto oil or gas production and gathering operations; or

j.          Storage tank situated in an underground area (such as abasement, cellar, mineworking, drift, shaft, or tunnel) if the storage tank issituated upon or above the surface of the floor.

(2a)      "Cost‑effective cleanup" means the cleanupmethod that meets all of the following criteria:

a.         Addresses imminent threats to human health or theenvironment.

b.         Provides for the cleanup or removal of all contaminated soilexcept in circumstances where it is impractical to remove contaminated soil.

c.         Is approved by the Commission for remediation of the site.

d.         Is the least expensive cleanup based on total cost,including costs not eligible for reimbursement from the Commercial Fund or theNoncommercial Fund.

(3)        "Council" means the North Carolina PetroleumUnderground Storage Tank Funds Council.

(3a)      "Facility" means an underground storage tank, ortwo or more underground storage tanks located in close proximity to each otherand having the same owner or operator, that are located on a single tract ofland or on contiguous tracts of land that are owned or controlled by the sameperson. As used in this subdivision, the terms "owner", "operator",and "person" include any affiliate, parent, and subsidiary of theowner, operator, or person, respectively. The owner or person having control ofthe land on which an underground storage tank is located, or on which two ormore underground storage tanks are located, need not be the owner or operatorof the underground storage tank or underground storage tanks. The term"facility", as defined in this subdivision, does not apply to a"pipeline facility", as that phrase is used in subdivisions (2) and(7) of this section.

(4)        "Heating oil" means petroleum that is No. 1, No.2, No. 4‑light, No. 4‑heavy, No. 5‑light, No. 5‑heavy,or No. 6 technical grades of fuel oil; other residual fuel oils, including NavySpecial Fuel Oil and Bunker C; and other fuels when used as substitutes for oneof these fuel oils for the purpose of heating.

(5)        "Loan Fund" means the Groundwater Protection LoanFund.

(6)        "Noncommercial Fund" means the NoncommercialLeaking Petroleum Underground Storage Tank Cleanup Fund established pursuant tothis Part.

(7)        "Noncommercial underground storage tank" means anyone or combination of tanks (including underground pipes connected thereto)used to contain an accumulation of petroleum products, the volume of which(including the volume of the underground pipes connected thereto) is tenpercent (10%) or more beneath the surface of the ground. The term"noncommercial storage tank" does not include any:

a.         Commercial underground storage tanks;

b.         Septic tank;

c.         Pipeline facility (including gathering lines) regulatedunder:

1.         The Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. §1671 et seq.);

2.         The Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C.§ 2001 et seq.); or

3.         Any intrastate pipeline facility regulated under State lawscomparable to the provisions of the Natural Gas Pipeline Safety Act of 1968 orthe Hazardous Liquid Pipeline Safety Act of 1979;

d.         Surface impoundment, pit, pond, or lagoon;

e.         Storm water or waste water collection system;

f.          Flow‑through process tank;

g.         Liquid trap or associated gathering lines directly relatedto oil or gas production and gathering operations; or

h.         Storage tank situated in an underground area (such as abasement, cellar, mineworking, drift, shaft, or tunnel) if the storage tank issituated upon or above the surface of the floor.

(8)        "Operator" means any person in control of, orhaving responsibility for, the operation of an underground storage tank.

(9)        "Owner" means:

a.         In the case of an underground storage tank in use on 8November 1984, or brought into use after that date, any person who owns anunderground storage tank used for the storage, use, or dispensing of petroleumproducts; and

b.         In the case of an underground storage tank in use before 8November 1984, but no longer in use on or after that date, any person who ownedsuch tank immediately before the discontinuation of its use.

(9a)      "Parent" has the same meaning as in 17 Code ofFederal Regulations § 240.12(b)‑2 (1 April 1994 Edition), which defines"parent" as an affiliate that directly, or indirectly through one ormore intermediaries, controls another person.

(10)      "Petroleum" or "petroleum product" meanscrude oil or any fraction thereof which is a liquid at standard conditions oftemperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inchabsolute), including any such liquid which consists of a blend of petroleum andalcohol and which is intended for use as a motor fuel. The terms"petroleum" and "petroleum product" do not include anyhazardous substance as defined in Section 101(14) of the ComprehensiveEnvironmental Response, Compensation, and Liability Act of 1980, Pub. L. No. 96‑510,94 Stat. 2767, 42 U.S.C. § 9601(14) as amended; any substance regulated as ahazardous waste under Subtitle C of Title II of the Resource Conservation andRecovery Act of 1976, Pub. L. 94‑580, 90 Stat. 2806, 42 U.S.C. § 6921 etseq., as amended; or any mixture of petroleum or a petroleum product containingany such hazardous substance or hazardous waste in greater than de minimis quantities.

(11)      "Subsidiary" has the same meaning as in 17 Code ofFederal Regulations § 240.12(b)‑2 (1 April 1994 Edition), which defines"subsidiary" as an affiliate that is directly, or indirectly throughone or more intermediaries, controlled by another person. (1987 (Reg. Sess., 1988), c. 1035, s. 1; 1989, c. 652, s. 3; 1991, c.538, s. 1; 1995, c. 377, s. 4; 1997‑456, s. 27; 2003‑352, s. 1.)