Ala. Admin. Code r. 335-6-16-.02

Current through Register Vol. 42, No. 11, August 30, 2024

Section 335-6-16-.02 - Definitions

The following words and terms, when used in this Chapter, shall have the following meanings unless the context clearly indicates otherwise.

(a) "Aboveground storage tank" or "AST" means any one or combination of stationary tanks affixed permanently to the ground or other support structure (including pipes connected thereto) used to contain an accumulation of motor fuels, the volume of which (including pipes connected thereto) is greater than 90 percent above the surface of the ground. The terms underground and aboveground storage tank do not include any of the following:

1. Farm or residential tank of 1,100 gallons or less capacity used for storing "motor fuel" for noncommercial purposes;

2. Tank used for storing heating oil for consumptive use on the premises where stored;

3. Septic tank;

4. Pipeline facility (including gathering lines) regulated under:

(i) The Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 1671, et seq.), or

(ii) The Hazardous Liquid Pipeline Safety Act of 1979 (4 9 U.S.C. App. 2 001, et seq.), or

(iii) State laws comparable to the provisions of law in subparagraph (i) or (ii) above:

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

6. Storm-water or wastewater collection system;

7. Flow-through process tank.

8. Liquid trap or associated gathering lines directly related to oil or gas production and gathering operations; or

9. Storage tanks situated in an underground area (such as a basement cellar, mine working, drift, shaft, or tunnel) if the storage tank is situated upon or above the surface of the floor.

10. Other underground storage tanks exempted by the administrator of the federal Environmental Protection Agency; and

11. Piping connected to any of the above exemptions.

12. Pipeline terminals, refinery terminals, rail and barge terminals and tanks associated with each.

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

(c) "ADEM" means the Alabama Department of Environmental Management.

(d) "Bulk facility" means a facility, including pipeline terminals, refinery terminals, motor fuel distribution terminals, rail and barge terminals, and associated tanks, connected or separate, from which motor fuels are withdrawn from bulk and delivered into a cargo tank used to transport these materials.

(e) "Cargo tank" means an assembly that is used for transporting, hauling, or delivering liquids and that consists of a tank having one or more compartments mounted on a wagon, truck, trailer.

(f) "Commission" means The Alabama Environmental Management Commi s s ion.

(g) "Connected piping" means all underground an aboveground piping including valves, elbows, joints, flanges, and flexible connectors attached to a tank system through which "motor fuels" flow. For the purpose of determining how much piping is connected to any individual underground storage tank UST system, the piping that joins two UST systems should be allocated equally between them.

(h) "Consumptive use" with respect to heating oil means consumed on the premises.

(i) "Cost projection" means the total estimated cleanup costs for an eligible release incident which is determined by the Department. The determination is based on an evaluation of typical costs expected for the particular response actions required with respect to the response action's scope and complexity to achieve a cleanup acceptable to the Department utilizing a risk-based corrective action process.

(j) "Department" means the Alabama Department of Environmental Management.

(k) "Director" means the Director of the Alabama Department of Environmental Management.

(l) "Eligible owner" means an owner or operator that is in "Substantial Compliance" as that term is defined in paragraph (rr) of this Rule.

(m) "Farm tank" is a tank located on a tract of land, which may or may not include associated residences and improvements, devoted to the production of crops or raising animals, including fish. A farm tank must be located on the farm property. "Farm" includes fish hatcheries, rangeland and nurseries with growing operations.

(n) "Final judgment" means any judgment, obtained by a third party in a third-party claim, that is enforceable in this State.

(o) "Flow-through process tank" is a tank that forms an integral part of a production process through which there is a steady, variable, recurring, or intermittent flow of materials during the operation of the process. Flow-through process tanks do not include tanks used for the storage of materials prior to their introduction into the production process or for the storage of finished products or by-products from the production process.

(p) "Free product" refers to a motor fuel that is present as a nonaqueous phase liquid (e.g., liquid not dissolved in water).

(q) "Fuel Oil" means #1 or #2 diesel.

(r) "Fund" means the Alabama Underground and Aboveground Storage Tank Trust Fund.

(s) "Gathering lines" means any pipeline, equipment, facility, or building used in the transportation of oil or gas during oil or gas production or gathering operations.

(t) "Groundwater" means water below the land surface in a zone of saturation.

(u) "Heating oil" means petroleum that is No. 1, No. 2, No. 4--light, No. 4--heavy, No. 5--light, No. 5--heavy, and No. 6 technical grades of fuel oil; other residual fuel oils (including Navy Special Fuel Oil and Bunker C); and other fuels when used as substitutes for one of these fuel oils. "Heating oil" is typically used in the operation of heating equipment, boilers, or furnaces.

(v) "Hydraulic lift tanks" means a tank holding hydraulic fluid for a closed-loop mechanical system that uses compressed air or hydraulic fluid to operate lifts, elevators, and other similar devices.

(w) "Liquid trap" means sumps, well cellars, and other traps used in association with oil and gas production, gathering, and extraction operations (including gas production plants), for the purpose of collecting oil, water, and other liquids. These liquid traps may temporarily collect liquids for subsequent disposition or reinjection into a production or pipeline stream, or may collect and separate liquids from a gas stream.

(x) "Motor fuels" means all grades of gasoline including gasohol or any gasoline blend, any components used in any gasoline blend, ethanol, number 1 diesel, number 2 diesel, or any diesel blend, biodiesel, kerosene and all aviation fuels.

(y) "Noncommercial purposes" with respect to motor fuel means not for resale.

(z) "Occurrence" means a release from an aboveground or underground storage tank system for which the Department has assigned a unique release identification number.

(aa) "On the premises where stored" with respect to heating oil means UST or AST systems located on the same property where the stored heating oil is used.

(bb) "Operator" means any person in control of, or having responsibility for, the daily operation of the UST or Aboveground Storage Tank (AST) system.

(cc) "Owner" means, in the case of an UST system in use on November 8, 1984, or brought into use after that date, or in the case of an AST in use on August 1, 19 93, or brought into use after August 1, 19 93, any person who owns an UST or AST system used for storage, use, or dispensing of motor fuels; and in the case of any UST system in use before November 8, 1984, but not longer in use on that date, or an AST in use before August 1, 19 93, but no longer in use on that date, the present owner of the underground storage tank or aboveground storage tank system and any person who owned such underground storage tank or aboveground storage tank system immediately before the discontinuation of its use. For the purposes of this chapter, the person who registers the underground storage tank or aboveground storage tank is, and shall be considered the owner.

(dd) "Person" means any natural person, any firm, association, partnership, corporation, trust, the state of Alabama, and any agency of the state of Alabama, governmental entity, a consortium, a joint venture, a commercial entity and any other legal entity.

(ee) "Pipe" or "Piping" means a hollow cylinder or tubular conduit that is constructed of non-earthen materials.

(ff) "Pipeline facilities (including gathering lines)" are new and existing pipe right-of-way and any associated equipment, facilities, or buildings.

(gg) "Reasonable cost" means that monetary amount or range, as determined by the Department, which is commensurate with a response action, where the Department's determination is based on an evaluation of typical costs expected for the particular response action under review, with respect to the activities' scope and complexity.

(hh) "Registration" means notification to the Department of the existence of a tank system which satisfies the requirements of ADEM Admin. Code rule 335-6-15-.05.

(ii) "Release" means any spilling, leaking, emitting, discharging, escaping, leaching or disposing from an UST or AST into groundwater, surface water or subsurface soils.

(jj) "Release Incident Number" means a unique number assigned by the Department using a numbering sequence which identifies a release of motor fuel from a UST or AST system which through the determination of the Department poses a threat to the environment or the public health, safety or welfare.

(kk) "Residential tank" is a tank located on property used primarily for dwelling purposes.

(ll) "Response Action" means any activity, including evaluation, planning, design, engineering, construction, and ancillary service, which is carried out in response to any discharge, release, or threatened release of "motor fuels".

(mm) "Response Action Contractor" means a person who has been approved by the Department to carry out any response action, including a person retained or hired by such person to provide services relating to a response action.

(nn) "Responsible party" means the owner or operator of the UST system at the time the release is discovered and reported to the Department and a release incident is assigned.

(oo) "Risk-based corrective action" means the utilization of corrective action limits for a release applicable to the cleanup of soil and groundwater contamination which are protective of human health and the environment. The corrective action limits are established through the process described in ADEM Admin. Code R. 335-6-15-.30.

(pp) "Septic tank" is a water-tight covered receptacle designed to receive or process, through liquid separation or biological digestion, the sewage discharged from a building sewer. The effluent from such receptacle is distributed for disposal through the soil and settled solids and scum from the tanks are pumped out periodically and hauled to a treatment facility.

(qq) "Storm-water or wastewater collection system" means piping, pumps, conduits, and any other equipment necessary to collect and transport the flow of surface water run-off resulting from precipitation, or domestic, commercial, or industrial wastewater to and from retention areas or any areas where treatment is designated to occur. The collection of storm water and wastewater does not include treatment except where incidental to conveyance.

(rr) "Substantial Compliance" shall mean that an owner or operator of an underground or aboveground storage tank has registered that tank with the Department, has timely paid the annual fee, if any, has made a good faith effort to comply with the state and federal laws applicable to underground or aboveground storage tanks, and the rules and regulations adopted pursuant thereto, shall have met the financial responsibility requirements imposed by Code of Ala. 1975, Section 22-35-7 (2006 Replacement Vol. and 2012 Cum. Supp.) and shall have promptly notified the Department of any third party claim or suit made against the owner or operator. The determination of substantial compliance shall be made by the Department.

(ss) "Surface impoundment" is a natural topographic depression, man-made excavation, or diked area formed primarily of earthen materials (although it may be lined with man-made materials) that is not an injection well.

(tt) "Tangible net worth" means the tangible assets that remain after deducting liabilities; such assets do not include intangibles such as goodwill and rights to patents or royalties. For purposes of this definition, "assets" means all existing and all probable future economic benefits obtained or controlled by a particular entity as a result of past transactions.

(uu) "Tank" is a stationary device designed to contain an accumulation of "motor fuels" and constructed of non-earthen materials (e.g., concrete, steel, plastic) that provide structural support.

(vv) "Tank Trust Fund" means the Alabama Underground and Aboveground Storage Tank Trust Fund.

(ww) "Tank Trust Fund Management Board" means the Alabama Underground and Aboveground Storage Tank Trust Fund Management Board.

(xx) "Third party" means a person other than the owner or operator, the landlord of the owner or operator, or employees or agents of an owner or operator. Such term shall not include any person who prevents, impedes, delays, obstructs, or hinders environmental response actions on any land, including private property, impacted by a release from an underground storage tank; it being the intent of this limitation to disallow recovery to any person who interferes with prompt remediation of impacted soils and groundwater. Such term shall not include any person to whom property is sold, given, or abandoned after discovery of a release or in anticipation of damage due to a release.

(yy) "Third Party Claim" means any civil action brought or asserted by any person against any owner or operator of any underground or aboveground storage tank who is in substantial compliance, as that term is defined above, for bodily injury or property damage which damages are the direct result of an accidental release arising from the operation of motor fuel underground or aboveground storage tanks covered under this Chapter.

(zz) "Trust Fund Fee" means an annual fee to be charged for each underground storage tank containing a motor fuel.

(aaa) "Trust Fund Charge" means a charge imposed on each gallon of motor fuel upon first withdrawal from bulk.

(bbb) "Underground area" means an underground room, such as a basement, cellar, shaft or vault, providing enough space for physical inspection of the exterior of the tanks situated on or above the surface of the floor.

(ccc) "Underground storage tank" or "UST" means any one or combination of tanks (including underground pipes connected thereto) that is used to contain an accumulation of motor fuels, and the volume of which (including the volume of underground pipes connected thereto) is 10 percent or more beneath the surface of the ground.

(ddd) "UST system" or "Tank system" means an underground storage tank, connected piping, ancillary equipment, and containment system, if any.

(eee) "Withdrawal from bulk" means the removal of a motor fuel or a combination of motor fuels from bulk facility storage tanks directly into a cargo tank to be transported to a location in this state. The underground and aboveground storage tank trust fund charge shall not be assessed on motor fuel "withdrawn from bulk: the ultimate destination of which is outside the state of Alabama. Withdrawal of different grades of motor fuel into separate compartments of a cargo tank does not constitute separate withdrawals from bulk. The underground and aboveground storage tank trust fund charge shall not be assessed on fuel oil "withdrawn from bulk" used in the generation of electricity.

(fff) "Wastewater treatment tank" means a tank that is designated to receive and treat an influent wastewater through physical, chemical, or biological methods.

(ggg) "Waters" means all waters of any river, stream, water course, pond, lake, coastal, ground, or surface waters wholly or partially within the state's natural or artificial.

Ala. Admin. Code r. 335-6-16-.02

Effective June 1, 1989. Amended: Filed March 18, 1994; effective April 22, 1994. Amended: Filed August 26, 2004; effective September 30, 2004.

Amended by Alabama Administrative Monthly Volume XXXIX, Issue No. 03, December 31, 2020, eff. 2/14/2021.

Authors: Sonja Massey, James Stevens, Gregory Stephens, Dorothy Malaier, James Thrash

Statutory Authority:Code of Ala. 1975, § 22-35-3.