Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-3 - ENVIRONMENTAL PROTECTION › Subject 391-3-15 - UNDERGROUND STORAGE TANK MANAGEMENT › Rule 391-3-15-.03 - Definitions

Current through Rules and Regulations filed through June 27,
				2024
(1)
									40 CFR
				280.12 is hereby incorporated by reference,
				with the exception of the definition for "Replace". In addition, the following
				words or terms shall have the meanings set forth herein when used in these
				Rules:
(a) "Controlling interest" means
				direct or indirect ownership of at least 50 percent of the voting stock of
				another entity.
(b) "Corrective
				action" means those activities required for response to and cleanup of releases
				of regulated substances from underground storage tanks, including, but not
				limited to, initial response, initial abatement measures and site check,
				initial site characterization, free product removal, investigations for soil
				and groundwater cleanup, and preparation and implementation of a corrective
				action plan.
(c) "Department" means
				the Department of Natural Resources of the State of Georgia.
(d) "Director" means the Director of the
				Environmental Protection Division of the Department of Natural
				Resources.
(e) "EPD" means the
				Environmental Protection Division of the Department of Natural Resources of the
				State of Georgia.
(f) "Federal Act"
				means the Solid Waste Disposal Act,
				42 U.S.C., §
											3152 et seq., as amended, particularly by the
				Hazardous and Solid Waste Amendments of 1984, Public Law 98-616,
				42 USC, §
											6991 et seq., as amended by Public Law
				99-499, 1986, as further amended by
				Public Law
				109-58, 2005.
(g) "Jobber" means anyone who distributes
				petroleum product from a bulk storage plant to an UST owner or operator,
				orpurchases petroleum product from a terminal for distribution to an UST owner
				or operator.
(h) "Owner" means, in
				the case of an UST system in use on November 8, 1984, or brought into use or
				capable of being used after that date, any person who owns an UST system used
				for or capable of being used for the storage or dispensing of regulated
				substances and, in the case of any UST system in use before November 8, 1984,
				but no longer in use or capable of being used on or after November 8, 1984, any
				person who owned such UST immediately before the discontinuation of its use;
				provided, however, such term shall not include any person who, without
				participating in the management of an underground storage tank and otherwise
				not engaged in petroleum production, refining, and marketing, holds indicia of
				ownership primarily to protect that person's security interest in the
				underground storage tank.
(i)
				"Participating owner or operator" means an owner or operator of an UST who
				participates in the GUST Trust Fund as a financial assurance
				mechanism.
(j) "Petroleum" means
				petroleum, including crude oil or any fraction thereof which is liquid at
				standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7
				pounds per square inch absolute).
(k) "Petroleum product" means petroleum-based
				substance 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.
(l)
				"Plume" means the area of groundwater containing concentrations of petroleum
				constituents or other regulated substances above Estimated Quantitation Limits
				as established in Test Methods for Evaluating Solid Waste (United States
				Environmental Protection Agency, Office of Solid Waste and Emergency Response,
				SW-846, Third Edition, as revised) or in an alternate method approved by
				EPD.
(m) "Release Response" means,
				in addition to certain corrective action activities, those actions taken as
				initial response, initial abatement measures and site check, initial site
				characterization, and free product removal.
(n) "Replace" means,
(1) When referring to an underground storage
				tank, the removal of an existing UST and the installation of another UST in its
				place.
(2) When referring to
				piping, the removal and replacement of 25% or more of the existing piping, as
				measured along an existing piping run between the submersible pump connection
				for the pressurized pump system or UST surface for suction pump systems to the
				bottom of the shear valve below the dispenser.
(o) "Responsibility for" means either the
				right or authority to close an UST or maintain and repair an UST or take action
				for compliance with all or part of the requirements of GUSTA and these
				Rules.
(p) "Terminal" means a bulk
				storage facility for storing petroleum products supplied by pipeline or marine
				vessel.
(q) "Third party liability"
				insofar as GUST Trust Fund usage is concerned means liability for bodily injury
				or property damage caused directly by a release of petroleum products from an
				underground storage tank; however, it does not include or mean any liability
				for bodily injury or property damage to the person or property of the owner of
				the real property on which the USTs are located.
1. As to bodily injury, specific physical
				bodily injury proximately resulting from exposure, explosion, or fire caused by
				the presence of a release from a regulated underground storage tank and which
				is incurred by a person other than the owner or operator, the landlord of the
				owner or operator, employees or agent of an owner or operator, or employees or
				agents of the landlord of an owner or operator; and
2. As to property damage, actual physical
				damage or damage due to specific loss of normal use of property owned by a
				person other than either the owner or operator of an underground storage tank
				from which a release has occurred or the landlord of an owner or operator of
				the underground storage tank from which a release has occurred.
(r) "Trustee" means the
				Director of the Environmental Protection Division of the Department of Natural
				Resources.