Section 327 IAC 2-10-4 - DefinitionsAuthority: IC 13-18-5
Affected: IC 13-11-2
Sec. 4.
For the purposes of this rule, the following terms are defined as follows:
(1) "Aboveground storage tank" means a stationary device designed to structurally support, enclose, and contain an accumulation of liquid hazardous materials on or above the surface of the ground, and which is constructed of nonearthen materials, such as concrete, metal, or plastic.(2) "Board" has the meaning set forth in IC 13-11-2-17(d).(3) "Commissioner" has the meaning set forth in IC 13-11-2-35(a).(4) "Department" has the meaning set forth in IC 13-11-2-51.(5) "Discharge" means the leaking, leaching, escaping, or disposing from an aboveground storage tank, storage area, or transfer area into secondary containment.(6) "Drum" means a nonstationary container that holds between ten (10) and one hundred (100) gallons of a liquid hazardous material.(7) "Facility" has the meaning set forth in IC 13-11-2-77(c).(8) "Hazardous material" has the meaning set forth in IC 13-11-2-96(a) or means a mixture that contains at least one (1) of the substances specified in IC 13-11-2-96(a).(9) "Liquid" means a nongaseous state of matter that, at sixty (60) degrees Fahrenheit and atmospheric pressure, will take the shape of its container immediately upon being placed in such container.(10) "Mixture" means a combination of materials that contains at least one (1) of the substances defined as a hazardous material under this rule in a quantity greater than or equal to ten percent (10%) by volume.(11) "Operator" means a person who is responsible for overall operation of a facility, including a private contractor conducting operational activities at a facility.(12) "Owner" means a person who holds title to, controls, or owns an interest in a facility with an aboveground storage tank, storage area, or transfer area. "Owner" does not include a unit of federal, state, or local government that has acquired ownership or control involuntarily through bankruptcy, tax delinquency, abandonment, or other circumstances in which the governmental unit involuntarily acquired title because of the unit's function as sovereign, except if the unit causes or contributes to the release or threatened release of a hazardous material.(13) " Person" has the meaning set forth in IC 13-11-2-158(a).(14) "Petroleum facility" has the meaning set forth in IC 13-11-2-161.(15) "Portable tank" means a nonstationary container that holds one hundred (100) gallons to one thousand (1,000) gallons of a liquid hazardous material.(16) "Process tank" means a vessel or other container used for the mixing or batching of chemicals, feeds, wastewater, or other components, or for the preparation of one (1) or more components, leading to the production of a desired product. The term includes all attached piping and other fixtures necessary for the intended operation of the vessel or container.(17) "Secondary containment" has the meaning set forth in IC 13-11-2-197.(18) "Spill" means any unexpected, unintended, abnormal, or unapproved dumping, leakage, drainage, seepage, discharge, or other loss of petroleum, hazardous substances, extremely hazardous substances, or objectionable substances. The term does not include releases to impermeable surfaces when the substance does not migrate off the surface or penetrate the surface and enter the soil.(19) "Stationary" means designed and constructed to be:(C) permanently attached to a surface; or(D) not designed to be moved when filled.(20) "Storage area" means any discrete area at a facility in which: (A) drums holding, in aggregate, one thousand (1,000) gallons or more; or(B) portable tanks holding, in aggregate, two thousand (2,000) gallons or more; of liquid hazardous materials which are stored within twenty-five (25) feet of each other for more than fifteen (15) days. (21) "Structure", for the purposes of this rule, means part of a structure or system that prevents or impedes a spill of a hazardous material from entering waters of the state.(22) "Transfer area" means a dedicated outside loading or unloading area used for more than fifteen (15) days in a calendar year for the transfer of liquid hazardous materials between a railcar or semitrailer tanker and an aboveground storage tank.(23) "Water pollution control laws" has the meaning set forth in IC 13-11-2-260.(24) "Waters" has the meaning set forth in IC 13-11-2-265.Water Pollution Control Board; 327 IAC 2-10-4; filed May 28, 1999, 11:42 a.m.: 22 IR 3100; errata filed Jun 8, 1999, 9:23 a.m.: 22 IR 3108; readopted filed Jan 10, 2001, 3:23 p.m.: 24 IR 1518; readopted filed Nov 21, 2007, 1:16 p.m.: 20071219-IR-327070553BFAReadopted filed Jul 29, 2013, 9:21 a.m.: 20130828-IR-327130176BFA; readopted filed Jun 14, 2019, 1:59 p.m.: 20190710-IR-327190246BFA