250 R.I. Code R. 250-RICR-140-25-1.5

Current through December 26, 2024

Section 250-RICR-140-25-1.5 - Definitions

A. For the purposes of these regulations, the following terms shall have the following meanings:

1. "Abandonment" means the relinquishment or termination of possession, ownership or control of underground storage tanks, by vacating or by disposition, without meeting the closure requirements listed in § 1.15 of this Part; or the action of taking a UST or UST system out of operation for a period of greater than 180 consecutive days without the prior permission of the Director pursuant to § 1.15 of this Part.

2. "Airport hydrant fuel distribution system" means a UST system which fuels aircraft and operates under high pressure with large diameter piping that typically terminates into one or more hydrants (fill stands). The airport hydrant system begins where fuel enters one or more tanks from an external source such as a pipeline, barge, rail car, or other motor fuel carrier.

3. "Aquifer" means a geologic formation, group of formations, or part of a formation that contains sufficient saturated permeable material to yield quantities of water to wells and springs in quantities which in the aggregate are sufficient to supply the daily requirements of one or more persons.

4. "Authorized representative" means any individual employed by any person, including all forms of private, governmental and commercial entities included thereunder, in a position to commit the resources of that person and bind that person to any responsibilities and/or liabilities set forth under these regulations.

5. "Automatic tank gauging system" means equipment used for automatic gauging that tests for the gain or loss of liquid contents of a UST. The automatic product level monitor test must be able to detect a 0.2 gallon per hour or less leak rate at 95% probability of detection from any portion of the tank that routinely contains product. It must also be capable of measuring water in the bottom of the tank to the nearest 1/8 inch. Inventory leak reporting requirements are stated in § 1.13(C) of this Part.

6. "Bodily injury" means any physical injury or impairment to the body of a natural person or any physical illness or disease or death resulting from said injury, which has been caused, directly or proximately, by a release from a UST or UST system.

7. "Cathodic protection" means a technique to prevent the corrosion of metal surfaces by making that surface the cathode of an electrochemical cell.

8. "Cathodic protection tester" means a person who has education and experience in soil resistivity, stray current, structure-to-soil potential, and component electrical isolation measurements of buried metal piping and tank systems who is certified by NACE International as a Cathodic Protection Technologist, Cathodic Protection Technician, Cathodic Protection Tester, Senior Corrosion Technologist, Corrosion Technologist, and Corrosion Technician. A person who is a NACE Corrosion Technician may only collect data, however, with the stipulation that the data be reviewed by a Corrosion Technologist, Senior Corrosion Technologist, or a "corrosion expert" (a NACE corrosion Specialist or Cathodic Protection Specialist). Persons certified by the STI as a Cathodic Protection Tester also may only collect data and must have two years or corrosion work experience and be re-certified every three years and in accordance with STI protocol.

9. "Claim" means an application submitted to the Department for reimbursement from the fund.

10. "Claimant" means a responsible party as defined in § 1.5(A)(103) of this Part submitting a claim to the Department for reimbursement from the fund.

11. "Class A operator" means the individual or individuals designated by the owner to have primary responsibility for the overall operation and maintenance of a UST system. This person must have an understanding of the statutory and regulatory requirements that relate to the permitting of the facility and must hold a valid "Class A" or "Class A/B" UST operator certificate recognized by the State of Rhode Island.

12. "Class B operator" means the individual or individuals designated by the owner to implement applicable regulatory requirements and implement the daily aspects of the operation, maintenance, and recordkeeping of the UST system(s). This person must hold a valid "Class B" or "Class A/B" UST operator certificate recognized by the State of Rhode Island.

13. "Class C operator" means the individual or individuals designated by the owner whose primary responsibility is to respond to alarms, or emergencies caused by spills or releases from a UST system at the facility. This person or individuals must be trained by the Class A operator and have their knowledge of emergency response tested on a routine basis.

14. "Cleanup" means those activities undertaken pursuant to regulations promulgated by the Department for the investigation and remediation of releases from UST's or UST Systems.

15. "Cleanup goals" means the extent of corrective action required by the Department to protect human safety, health, and the environment; pursuant to its regulations governing such corrective action.

16. "Closure" means the removal from service of any underground storage tank in accordance with the provisions of § 1.15 of this Part.

17. "Commenced construction" means that the owner/operator has obtained all governmental approvals or permits required to begin physical construction and has either begun a continuous on-site physical construction program; or entered into contractual obligations which cannot be canceled or modified without substantial loss and are payable upon physical construction of the facility.

18. "Commercial tank" means any underground storage tank used in the furtherance of trade, traffic, business or commerce including, without limitation, tanks used to store heating oil for residential structures containing four or more or living units.

19. "Community water system" means a public water system which serves at least fifteen service connections used by year-round residents or regularly serves at least 25 year-round residents. This includes most private homes, apartment buildings, condos, and other residences.

20. "Compatible" means the ability of two or more substances to maintain their respective physical and chemical properties upon contact with one another for the design life of the tank system under conditions likely to be encountered in the UST.

21. "Containment sump" means a liquid-tight container that protects the environment by containing leaks and spills of regulated substances from piping, dispensers, pumps, and related components in the containment area.

22. "Contaminant" means any physical, chemical, biological or radiological substance in soil, water, air or any other environmental media which renders, or is likely to render, such soil, water, air or any other environmental media unfit for its intended use or for any feasible use.

23. "Contamination" or "contaminated" means the results of a release of regulated substances or other hazardous materials regulated under this Part from an underground storage tank or underground storage tank system into the ground water, surface water or soil in quantities which may adversely impact human safety, health or the environment.

24. "Continuous monitoring system" means an automatic, continuous leak detection and alarm system that operates independent of human assistance and meets industry standards such as those of Underwriters Laboratories (UL), and which is approved by the Director.

25. "Corrective action" means implementation of measures to rehabilitate site ground water, surface water, soil, or air to meet cleanup goals.

26. "Corrective action plan" means a plan that addresses contaminated soils or ground water or other related environmental or public health impacts of a release pursuant to these regulations.

27. "Corrosion expert" means a person who, by reason of thorough knowledge of the physical sciences and the principles of engineering and mathematics acquired by education and practical experience, is qualified and certified to engage in the practice of corrosion control on buried or submerged metal tanks. Such a person must be accredited or certified by the National Association of Corrosion Engineers as either a Corrosion Specialist or Cathodic Protection Specialist.

28. "Deductible limit" means the amount to be deducted from an amount otherwise eligible for reimbursement hereunder prior to any reimbursement from the fund as such limits are established by R.I. Gen. Laws § 46-12.9-5.

29. "Delivery prohibition" means by order of the Director, deliveries or additions of regulated substances to the UST system is prohibited due to continued non-compliance with the UST regulations. DEM staff will affix a locking "red tag" to all fill points which prevents delivery of fuel. Removal, destruction, disabling, or defacing this tag is prohibited.

30. "De minimus" means any regulated liquid, semi-solids, or gels contained in a UST at concentrations below all applicable State and Federal limits, targets, guidelines or objectives. In the absence of established objectives, guidelines, limits, or targets, de minimus shall refer to any concentration below applicable analytical Method Detection Limit (MDL) for the regulated substance.

31. "DEM" or "Department of Environmental Management" or "Department" means the Rhode Island Department of Environmental Management and/or any office thereof.

32. "Diesel fuel" means any grade of distillate oil, commonly referred to as "diesel" that is manufactured and sold for use, or is used, as fuel in an internal combustion engine; including regulated substances substituted for use as a diesel fuel.

33. "Director" means the Director of the Department of Environmental Management or his/her designee. Any documents or reports required to be submitted to the Director by these regulations should be sent to: UST Management Program, RI Department of Environmental Management, 235 Promenade Street, Providence, Rhode Island 02908.

34. "Dispenser" means equipment located aboveground that dispenses regulated substances from the UST system.

35. "Dispenser system" means the dispenser and the equipment necessary to connect the dispenser to the underground storage tank system.

36. "Double-walled tank" means a container with two complete shells providing both primary and secondary containment. The container shall have a continuous 360° interstitial space between the primary and secondary shell. The interstitial space shall be designed so that an approved interstitial space monitor is able to continuously monitor this space. All double-walled tanks shall be UL-listed.

37. "Dry season" means that the time period during which the groundwater tables are at their lowest elevation at which they occur, usually falling during the months of May-December. Specific dates for the dry season will be determined on a yearly basis by the Director.

38. "Dual-usage tank" means a UST whose contents serve more than one use. (For example, the contents of the UST serve both a boiler and an emergency generator). Such tanks are treated under the usage which is more stringently regulated.

39. "Eligible claimant" means a claimant served with a notice of eligibility by the Department.

40. "Eligible costs" means costs, expenses and other obligations as incurred or to be incurred by a responsible party for site investigation, site remediation or other corrective action activities or certain third party damages ordered or directed by the Department or voluntarily performed by the responsible party and not specifically identified by the Department as ineligible.

41. "Emergency and short-term response action" means any activities undertaken immediately following the discovery of a release of regulated substances in order to completely, or partially, contain, clean up, or treat the released material and remove an imminent hazard if it exists.

42. "Emergency spill protection tank" means a tank used for temporary storage of substances in response to a leak, spill or other unplanned occurrence. This tank must be emptied expeditiously following use.

43. "Emergency generator" means any internal combustion engine which produces electricity and is fueled by diesel, gasoline, any grade of fuel oil, kerosene, biodiesel, or any other regulated substance.

44. "Environmental consultant" means any of the following: a geologist certified by the American Institute of Professional Geologists (certified professional geologist); a geologist registered by any state program (registered professional geologist), or a registered professional engineer.

45. "Environmentally sensitive area" means any area, including but not limited to, those wherein the groundwater is classified as GA or GAA in accordance with RI DEM Groundwater Quality Rules and any other area which includes sensitive receptors.

46. "Excavation zone" means the underground area containing the tank system and backfill material, bounded by the ground surface, walls, and floor of the pit and trenches into or from which the UST system is installed or removed.

47. "Facility" means any parcel of real estate or contiguous parcels of real estate owned and/or operated by the same person(s), which together with all land, structures, facility components, improvements, fixtures and other appurtenances located therein form a distinct geographic unit and at which regulated substances hazardous materials are or have been stored in underground storage tanks.

48. "Facility component" means any underground tanks, associated pipes, pumps, leak monitoring systems, cathodic protection systems, vaults, fixed containers or appurtenant structures, used or designed to be used for the storage, transmission, or dispensing of regulated substances and hazardous materials.

49. "Farmer" means an individual, partnership or corporation who operates a farm and has filed a 1040F U.S. Internal Revenue Form with the Internal Revenue Service, has a State of Rhode Island farm tax number and has earned ten thousand dollars ($10,000) gross income on farm products in each of the preceding four (4) years.

50. "Farm tank" means an underground storage tank located on a tract of land operated by a farmer, provided that the material stored is used on-site.

51. "Field-constructed tank" means a tank constructed at a facility location.

52. "Flow through process tank" means any tank that is 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 a production process.

53. "Free product" means any regulated substance that is present as a non-aqueous phase liquid (e.g. liquid not dissolved in water).

54. "Fund" means the Rhode Island Underground Storage Tank Financial Responsibility Fund as established pursuant to R.I. Gen. Laws Chapter 46-12.9.

55. "Gasoline" means a petroleum distillate, or blends of petroleum distillates, having a Reid vapor pressure of 7 pounds per square inch absolute (48.3 k Pa) or greater and capable of being used as fuel for internal combustion engines.

56. "Groundwater" means water found in the saturated zone underground which completely fills the open spaces between particles of sediment, within rock formations, or within bedrock fractures.

57. "Hazardous materials" means any material defined as a "hazardous substance" by the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) or other regulated substances, 42 U.S.C. § 9601. Hazardous materials shall also include any material defined as a "hazardous waste" pursuant to the Rhode Island Hazardous Waste Management Act, R.I. Gen. Laws Chapter 23-19.1, as well as any of the following materials:

a. Acetone

b. Ethanol

c. Ethylene Oxide

d. Methanol

e. Methylene Chloride

f. Perchloroethylene

58. "Heating oil" means No. 1, No. 2, No. 4, No. 5, or No. 6, technical grades of fuel oil, other residual fuel oil, including bunker C and/or other fuels, except motor fuels or waste oils, when used as substitutes for any of these fuel oils used for the purpose of producing heat (e.g., burned in a furnace or boiler).

59. "Holding tank" means a UST system used to collect and store discharges, both intermittent and continuous, containing regulated substances from floor drains or other piping outlets.

60. "Hydraulic conductivity" means a measure of the ability of an aquifer to transmit a fluid, which depends on the properties of both the fluid and the medium.

61. "Hydraulic lift tanks" means those tanks holding hydraulic fluid for a closed-loop mechanical system using compressed air or hydraulic fluid to operate lifts, elevators, and other similar devices.

62. "Hydrostatic tightness test" means a test designed to evaluate the tightness of a UST system component that uses pressure of liquid.

63. "Initial abatement action" means an action taken pursuant to the applicable section of the Department's UST Regulations.

64. "Initial application for reimbursement" means an application submitted by a claimant.

65. "Leak" means a loss from, or gain to, a UST system of 0.05 gallon per hour or more of fluid as determined by a tank tightness test or a line tightness test, or a 0.2 gallon per hour as determined by automatic tank gauging, or loss or gain of fluid to a UST system as determined by visual inspection, analytical analysis, an interstitial monitoring system other continuous monitoring system, inventory control, or other appropriate means.

66. "Line leak detector" means a device installed on the discharge side of a remote pump which is capable of interrupting or restricting product flow if there is a leak greater than or equal to three gallons per hour at 10 pounds per square inch of line pressure.

67. "Local Fire Chief" means the person responsible for the administration and direction of a fire department in a fire district or municipality, including a fire administrator or chief, or that person's designee.

68. "Maintenance" means the normal operational upkeep of an underground storage tank system necessary to prevent a release of product.

69. "Modification" means any addition removal, replacement, restoration, refurbishment or renovation to an existing UST system or repair of any UST system component which may contains product that is inconsistent with the information provided to the Director in the Registration Application. Such modifications include, but are not limited to:

a. Any alterations to the site plan;

b. Any changes in design and/or specifications to a UST system's corrosion protection equipment;

c. Any changes in the design and/or specifications to a UST system's leak detection or spill prevention equipment, including groundwater monitoring wells;

d. The replacement or repair of any product piping;

e. The installation, repair or replacement of any underground storage tank.

70. "Monitoring well" means a cased well with a screened interval that intercepts the water table during all seasonal variations of groundwater levels and can be used to detect the presence of groundwater contamination.

71. "Motor fuels" means a complex blend of hydrocarbons typically used in the operation of a motor engine, such as motor gasoline, aviation gasoline, No. 1 or No. 2 diesel fuel, or any blend containing one or more of these substances (for example: motor gasoline blended with alcohol).

72. "New UST system" means a tank system that will be used to contain an accumulation of regulated substances for which installation has not yet commenced.

73. "Non-transient non-community water system" means a public water system that regularly supplies water to at least 25 of the same people at least six months per year. Examples of this type of water system include schools, factories, office buildings, and hospitals which have their own water systems.

74. "Observation well" means a well other than a monitoring well that is typically located in a tank excavation or the collection sump of a secondary containment system.

75. "Oil-water separator" means a UST system used typically for storm water runoff applications and intended for the separation of oil-water mixtures containing oils and greases.

76. "On-site" means located on the same or geographically contiguous property, which may be divided by public or private right-of-way provided the entrance and exit between the properties is at a cross-roads intersection and access is by crossing as opposed to going along the right-of-way. Non-contiguous properties owned by the same person but connected by a right-of-way which he controls and to which the public does not have access, is also considered on-site property.

77. "Operate a facility" means to maintain regulated substances or hazardous material(s) in underground storage tanks at a facility for purposes of storage, use or sale, and to conduct operation and maintenance for each tank as required in § 1.10 of this Part.

78. "Operator" means any person in control of, or having responsibility for, the daily operation of the UST system. An Operator designation is not equivalent to designation as a "Class A Operator", "Class B Operator", or "Class C Operator", as defined in §§ 1.5(A)(11), (12), (13) of this Part solely by virtue of such designation. An Operator may be designated as a Class A, B, or C Operator only if that person has fulfilled the training and certification requirements of an approved training program as set forth in § 1.10(U) of this Part. The designation of a Class A, B or C operator does not relieve the Operator from the duties, responsibilities, or liabilities outlined in these regulations.

79. "Overfill prevention" means a device that will restrict or stop the flow of fuel during a delivery or otherwise alert the transfer operator before the tank reaches full capacity.

80. "Overflow tank" means a tank used for temporary storage of substances in response to a leak, spill or other unplanned occurrence. This tank must be emptied expeditiously following use.

81. "Owner" means any person, corporation, group, or other entity who holds exclusive or joint title to, or lawful possession of, a facility or part of a facility.

82. "Owner/Operator" means any owner and/or operator

83. "Person" means an individual, trust, firm, joint stock company, corporation (including quasi-government corporation), partnership, or other unincorporated association, syndicate, governmental entity or subdivision thereof.

84. "Petroleum product" means crude oil or any fractions thereof that is liquid at standard conditions of temperature (60°F) and pressure (14.7 pounds per square inch absolute) and includes substances derived from crude oil including, but not limited to the following:

a. Gasoline

b. Fuel Oils

c. Diesel Oils

d. Waste Oils

e. Gasohol, lubricants and solvents

85. "Pollutant" means any material or effluent which may alter the chemical, physical, biological, or radiological characteristics and/or integrity of water, soil, air or other environmental media including, but not limited to, dredge spoils, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, cellar dirt or industrial, municipal, agricultural, or other waste, regulated substances ,including but not limited to oil.

86. "Product deliverer" means any person who delivers or deposits product into an underground storage tank. This term may include major oil companies, jobbers, regulated substance transportation companies, or other product delivery entities.

87. "Product pipeline" means any pipeline that currently or previously connected to a UST or UST system which carries, or carried, any regulated substance, including all regulated substances

88. "Property damage" means any physical injury to real or personal property, which has been caused, directly or proximately, by a release from a UST or UST System.

89. "Public water system" means a system for the provision to the public of water for human consumption through pipes or other constructed conveyances, if such system has at least 15 service connections or regularly serves at least 25 individuals daily at least 60 days out of the year.

90. "Red tag" means a tag, device, or mechanism, approved by the Director and affixed to a UST system's fill pipe that clearly identifies a UST system as ineligible for product delivery. The tag or device must clearly state "It is unlawful to deliver to, deposit into, or accept product into this UST system". The tag or device must be of tamper resistant material in order that it cannot be removed and reattached without obvious visual evidence. Also see "Delivery Prohibition" § 1.5(A)(29) of this Part.

91. "Regulated substance" and "Regulated Substances" means any substance defined in §§ 1.5(A)(57) and 1.5(A)(84) of this part, as well as 42 U.S.C. 9601§101(14) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (but not including any substance regulated as a hazardous waste under subtitle C). The term regulated substances also includes petroleum, including crude oil or any fraction thereof that is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute). The term regulated substance includes but is not limited to petroleum and petroleum-based substances comprised of a complex blend of hydrocarbons, such as motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, and used oils.

92. "Reimbursement" means an assignment of money made by the Department from the fund in payment of eligible costs, subject to deductible limits and such other provisions of R.I. Gen. Laws Chapter 46-12.9.

93. "Reimbursement fee schedule" means the schedule of fees deemed reasonable and customary by the Department for clean-up and related activities.

94. "Release" means any spilling, leaking, pumping, pouring, injecting, emitting, escaping, leaching, discharging, or disposing of any material stored in an underground storage tank system subject to these regulations into groundwater, surface water, soil, air or any other environmental media.

95. "Remediation" means the act of implementing, operating and maintaining a remedy or remedial action.

96. "Remediation regulations" means the Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases, Subchapter 30 Part 1 of this Chapter.

97. "Remedy" or "remedial action" means those actions taken to rectify the effects of a release of regulated substances, so that it does not cause a significant risk to present or future public health or welfare, or the environment.

98. "Remote pumping system" or "submerged pumping system" means a system in which one or more pumping units push a regulated substance, via a pressurized piping system, to one or more points away from the tank or tanks.

99. "Remove from service" means to cease to operate a facility component.

100. "Repair" means to restore to proper operating condition a tank, pipe, spill prevention equipment, overfill prevention equipment, corrosion protection equipment, release detection equipment or other UST system component that has caused a release of product from the UST system or has failed to function properly.

101. "Replaced" means to remove a tank and install another tank. For piping, it means to remove 50 percent or more of piping and install other piping, excluding connectors, connected to a single tank. For tanks with multiple piping runs, this definition applies independently to each piping run.

102. "Residential tank" means a tank containing heating oil of any grade serving a one, two or three residential unit.

103. "Responsible party" means any and all combinations of: owner of the property, UST, or UST components, including, but not limited to, all individuals or organizations identified by the City tax assessor or named on the deed or title for the property; any individual, group, corporation, LLC, or other entity named on a UST registration form; any person who otherwise caused or is legally responsible for a release of regulated substances from a UST system; the Operator responsible for day to day operations and oversight of the UST system, the Class A, Class B, or Class A/B operator,

104. "Saturated thickness" means the thickness of an aquifer below the water table.

105. "Secondary Containment" or "secondarily contained" means a release prevention and release detection system for a tank or piping. This system has an inner and outer barrier with an interstitial space that is monitored for leaks. This term includes containment sumps when used for interstitial monitoring of piping.

106. "Septic tank" means a watertight receptacle which receives sewage, graywater, or other domestic waste from a building sewer and is designed and constructed to permit the deposition of settled solids, the digestion of the matter deposited, and the discharge of the liquid portion into a leaching system.

107. "Single-walled tank" means any container that has a single shell enclosing the contained material. Any tank which does not provide a continuous 360° interstitial space between a primary and secondary shell that can be continuously monitored shall be regulated as single-walled.

108. "Site" means any location within Rhode Island at which or from which there has been a release of a regulated substance associated with an Underground Storage Tank or Underground Storage Tank System or any location to which a regulated substance has migrated.

109. "Site investigation" means any action taken to determine the character, nature and extent of a regulated substance release from a UST or UST System, pursuant to these regulations.

110. "Spill" means a loss of a regulated substance or hazardous material in a manner other than a leak, occurring on the property where a facility is in operation, and such that the product or material is likely to enter groundwater, surface water, soil, air or any other environmental media and shall be considered a release from a facility.

111. "Spill containment basin" means a device installed in fill pipe manholes that prevents regulated substance spills from leaching into the soil and groundwater.

112. "Submerged fill tube" or "drop tube" means any fill pipe or tube which fits directly into the underground tank riser pipe and allows submerged filling. This pipe or tube should be located six (6) inches above the bottom of the tank and cut at a 45º angle.

113. "Substantial construction" means that a continuous on-site physical construction program has progressed to a point where 25% or more of the total project is completed or where 25% or more of the total cost of the project has been expended for materials which are at the site.

114. "Suction pumping system" means a system in which a pump at a dispensing island reduces pressure in the product line to the underground storage tank to less than atmospheric pressure, causing product from the tank to be pulled to the island via the product suction line.

115. "Surface water" means a body of water whose top surface is exposed to the atmosphere and includes all waters of the territorial sea, tidewaters, all inland waters of any river, stream, brook, pond, lake or wetlands.

116. "Tank" means a stationary device designed to contain a regulated substance which is constructed of non-earthen materials that provide structural support and which is an underground storage tank.

117. "Tank pad monitoring well" or "tank field monitoring well" means a subsurface monitoring well that is located within the tank pad or immediate vicinity of the tank field and reaches a depth of at least one foot below the lowest point of the UST system.

118. "Temporary closure" means to temporarily halt use of an underground storage tank or tank system due to change in owner or operator, facility or tank system repair, modification, upgrade, or seasonal closure. Temporary closures must be approved by DEM 30 days in advance of closure, is limited to 12 months, and is not intended to be used as an alternative to removing the tanks.

119. "Third-party claim" means any claim for monetary damages for bodily injury or damage to property brought against a responsible party in a court of competent jurisdiction, which claim has resulted in a final judgment, order or court-approved settlement that explicitly establishes that: the third-party claimant sustained bodily injury, damage to property, or damage to natural resources; the bodily injury, damage to property, or damage to natural resources sustained by the third-party claimant was the direct or proximate result of a release; and that the responsible party is liable for the release.

120. "Tightness test" means a test able to determine whether an underground storage tank, line or system is liquid-tight as defined in "Recommended Practice for Handling Underground Releases of Flammable and Combustible Liquids and Gases", incorporated above at § 1.3(Y) of this Part. The test shall be capable of accurately detecting a tank or a tank and line leak of 0.1 gallons per hour, adjusted for all variables, with a probability of detection of no less than 95 percent and a probability of false detection of no more than five percent. Measurements recorded for each test shall be in accordance with manufacturer's protocol. The test method must be approved by the Director prior to use, and must be conducted by persons licensed by DEM to perform the tests in accordance with § 1.16 of this Part.

121. "Till" means the predominantly unsorted, unstratified sediments deposited directly by a glacier.

122. "Transient non-community water system" means a public water system that provides water at locations where people do not remain for long periods of time such as a gas station, campground, movie theatre, or similar establishments.

123. "Transmissivity" means a measure of the ability of an aquifer to transmit a fluid. It is equal to the average hydraulic conductivity multiplied by the saturated thickness.

124. "Under-dispenser containment" or "UDC" means containment underneath a dispenser system designed to prevent leaks from the dispenser and piping within or above the UDC from reaching soil or groundwater.

125. "Underground" means 10 percent or more of the volume of the facility components (storage tanks and piping) is buried in the ground.

126. "UST" or "Underground Storage Tank (UST) System" means any one or more underground tanks, and their associated components, including piping, used to contain, transport, or store regulated substances whose volume is 10 percent or more beneath the surface of the ground.

127. "Vault" means a structure such as a basement or cellar which: houses an underground storage tank; is designed to contain any leaks from the tank and provide protection from corrosive soils; is not part of a secondary enclosure; and is designed such that the tank is situated upon or above the surface of a concrete floor and allows for physical access to an inspection of the storage tank and inside the vault.

128. "Vent whistle" means a device installed in the vent pipe of a UST designed to whistle when the tank is being filled but goes silent when the tank is full.

129. "Waste oil" means used or spent oil of any kind, including but not limited to those oils from automotive, industrial, aviation and other sources.

130. "Wear plate" means a thick deflection plate or striker plate measuring at least nine inches wide and an area of at least one foot square which is located on the bottom of the UST under each tank opening.

131. "Wellhead protection area" means the three-dimensional zone, surrounding a public well or wellfield through which water will move toward and reach such well or wellfield, as designated by the Director pursuant to R.I. Gen. Laws Chapter 46-13.1.

250 R.I. Code R. 250-RICR-140-25-1.5

Amanded effective 11/20/2018