Code of Massachusetts Regulations › 503 CMR - UNDERGROUND STORAGE TANK PETROLEUM PRODUCT CLEANUP FUND ADMINISTRATIVE REVIEW BOARD › Title 503 CMR 2.00 - Underground Storage Tank Petroleum Product Cleanup Fund Regulations Implementing M.g.l. C. 21j › Section 2.02 - Definitions

Current through Register 1525, July 5, 2024
For the purposes of
				503 CMR 2.00, the following
				terms shall have the following meanings assigned to them:
All Necessary Information
, includes
				without limitation, copies of the following documents: all UST Registration
				documentation required by MassDEP, the most recent Third Party Inspection
				report, a Marine Fueling Permit (FP-294) if applicable and, latest tank and or
				piping tightness test and cathodic protection system test results if
				applicable.
Annual Tank Fee
, all annual tank fees
				required by M.G.L. c. 21 J, § 2 and
				503 CMR 4.00:
Implementation of Underground Storage Tank Cleanup Fees
for
				each Underground Storage Tank, including all late fees and penalties.
Applicant
, a Person who files an
				Application for a Certificate of Compliance, an Application for Renewal of a
				Certificate of Compliance, an Application for Eligibility, or an Application
				for Reimbursement.
Appendix or Appendices
, the forms,
				applications, schedules and charts filed pursuant to
				503 CMR 2.00 are available at
				www.mass.gov/ust .
Application for Certificate of
				Compliance
, an application filed by an Applicant pursuant to
				503
				CMR 2.07, as noted in Appendix 1 or as
				amended in a format specified by the Board.
Application for Eligibility
, an
				application filed by an Applicant pursuant to
				503 CMR 2.09(1)
				 for a specific Site, as noted in Appendix 2
				or as amended in a format specified by the Board.
Application for Reimbursement
, an
				application filed by a Claimant pursuant to
				503 CMR
				2.10, as noted in Appendix 4 or as amended in
				a format specified by the Board.
Board
, the Underground Storage Tank
				Petroleum Product Cleanup Fund Administrative Review Board, as defined in
				M.G.L. c. 21 J, § 8. If the context requires, such as with respect to
				filings,
Board
may also include the Board's
				representative at the Department of Revenue.
Board Acceptable Site Assessment
, a
				Site Assessment showing the Dispensing Facility does not have any contaminant
				levels or Conditions that require notification to MassDEP and a Response
				Action, excluding MassDEP-defined Limited Removal Actions (LRAs). The Site
				Assessment report shall provide the level of diligence that is necessary to
				ensure that the quantity and quality of information is adequate to assess the
				presence of contaminants including the area of the UST System and shall be
				prepared in compliance with the Board's
Board Acceptable Site
				Assessment Policy.
Boat
, any motorized water
				craft.
Bodily Injury
, physical injury,
				sickness, disease, or death of any person proximately caused by a Release from
				an Underground Storage Tank System.
Certificate of Compliance
, a
				certificate issued by the Board, attesting to the Full Compliance of the UST
				System at the time of issuance, and in accordance with
				503
				CMR 2.07.
Certification
, to make a written
				statement, as set forth in
				503 CMR
				2.03(7), signed by Applicant
				or potential Applicant attesting to the accuracy and completeness of the facts
				contained in a submission to the Board or the Department of Revenue.
Claim
, a request for Reimbursement for
				a specific Facility filed pursuant to
				503 CMR
				2.10, as noted in Appendix 4.
Claim for Reimbursement
, a Claim that
				is complete, has been received and reviewed by the staff of the Board, and has
				been presented to the Board.
Claimant
, a Person who files a Claim.
				A Claimant does not include the recipients or potential recipients of grants
				under
				503 CMR 2.23 pursuant to
				M.G.L. c. 21 J, §§ 4(c) and (d). For purposes of
				503 CMR 2.00, if a Claimant is
				the Owner or Operator of more than one Facility, the term shall apply to a
				specific Facility for which Reimbursement is sought, unless otherwise specified
				in
				503 CMR 2.00.
Closure or Closed
, the removal or
				permanent closure in-place of all the Underground Storage Tank Systems at a
				Facility without replacement of any tanks in accordance with
				527 CMR 1.00:
Massachusetts Comprehensive Fire Safety Code
and
				310 CMR 80.00:
Underground Storage Tank (UST) Systems.
Contractor/Vendor Certification
, a
				written statement made under the pains and penalties of perjury by a
				contractor/vendor or its agent certifying the receipt of payment for
				work/services performed. The Contractor/Vendor certification shall, at a
				minimum, provide the invoice number, month, year and amount of payment.
Damage to Natural Resources
, damage to
				natural resources arising from a Release and included within a Final
				Judgment.
Deductible Limit
, the amount to be
				deducted from an amount otherwise available for Reimbursement hereunder before
				any Reimbursement from the Fund and set out in
				503 CMR
				2.16(2) .
Delivery Fee
, the fee required by
				M.G.L. c. 21J, § 2 and 502 CMR 4.03:
Delivery Fees,
including all late fees and penalties.
Department of Environmental Protection or
				MassDEP
, the Massachusetts Department of Environmental
				Protection.
Department of Fire Services or DFS
,
				the Massachusetts Department of Fire Services.
Department of Revenue
, the Department
				or DOR, the Massachusetts Department of Revenue, including the Board's
				representative at DOR.
Dispensing Facility
, any Facility
				qualified to do business in the Commonwealth under the provisions of M.G.L.
				chs. 64A, 64E, and 64F, and dispensing Petroleum Products after April 2, 1991,
				at which Underground Storage Tanks located in Massachusetts are used to store
				Petroleum Products and from which Petroleum Products are dispensed directly to
				a Motor Vehicle or boat as motor fuel; except an Underground Storage Tank that
				is 1,100 gallons or less capacity and is located on a farm or a residence and
				is used for storing Petroleum Product for non-commercial purposes; or is an
				Underground Storage Tank that is owed by the Federal government or the
				Commonwealth or any of its Political Subdivisions.
Eligible Claimant
, a Claimant who
				satisfies the requirements of
				503 CMR 2.08
				as determined by the Board and who is not the recipient or intended recipient
				of grants pursuant to
				503 CMR 2.23.
Eligible Release
, to be eligible for
				Reimbursement, the costs, expenses or obligations must be incurred in
				connection with an Occurrence at a Facility; all Delivery and Annual Tank Fees
				must be paid in full before the approval of the Application for Eligibility
				and; the Release must have been assigned a MassDEP release tracking number. If
				the source of the Release is unknown, the Petroleum Product shall be presumed
				to have been released from the existing or last UST System unless evidence is
				presented otherwise.
Facility
, describes a Dispensing
				Facility or Former Dispensing Facility.
Final Judgment
, the entry of an order
				or other action by a court of competent jurisdiction, including, without
				limitation, litigation ended by a court-approved settlement by the parties,
				with all rights of appeal being exhausted or waived or expired, except as
				arising under Rule 60 of the Massachusetts Rules of Civil Procedure or other
				similar provisions of Federal laws or the laws of any other state.
Former Dispensing Facility
, a facility
				known by its real property address in the Commonwealth of Massachusetts that
				was required to register a UST System, was operating on or after April 2, 1991,
				and at which the UST System was Closed and not replaced before July 1, 1994 and
				was properly registered; except an Underground Storage Tank that is 1,100
				gallons or less capacity and is located on a farm or a residence and is used
				for storing Petroleum Product for non-commercial purposes; or is an Underground
				Storage Tank that is owned by the Federal government or the Commonwealth or any
				of its Political Subdivisions.
Full Compliance or Compliance
,
				compliance with
				527 CMR 1.00:
Massachusetts Comprehensive Fire Safety Code,
310 CMR 80.00:
Underground Storage Tank (UST) Systems,
or similar then
				applicable regulations of MassDEP, DFS, and the Board, imposed upon the Owner
				or Operator, as the case may be, of an Underground Storage Tank System, which
				requirements relate to the registration, construction, installation,
				maintenance, and operation, of an Underground Storage Tank System.
Fund
, the Underground Storage Tank
				Petroleum Product Cleanup Fund Program, or Underground Storage Tank Program
				established pursuant to M.G.L. c. 21 J.
Gross Negligence
, any act or failure
				to act by the Owner or Operator, in reckless disregard of the consequences,
				which causes or allows a Release to occur or to continue.
Marinas
, any sheltered water area
				provided with docks, moorings, floats or buoys for Boats and with a UST System
				for fueling Boats.
Motor Vehicle
, any on- or off-road
				motorized wheeled vehicle that is capable of self-propulsion, does not run on
				rails, and is not considered aircraft.
Occurrence
, an event that results in a
				Release regardless of the date of discovery. A Release caused by several
				sources or an unidentified source that requires a Response Action shall be
				considered as one Occurrence. A subsequent Release from a new or different
				source at the same Facility where the Response Action has not been
				Substantially Completed shall not be a separate Occurrence.
Operator
, any person in control of, or
				having responsibility for, the daily operations of the UST System.
Owner
, any person having legal
				ownership of the UST System.
Person
, any agency or Political
				Subdivision of the Federal government or the Commonwealth, any state, public or
				private corporation or authority, any interstate body, foreign nation,
				individual, trust, firm, joint stock company, partnership, association, or
				other entity, and any officer, employee, or agent of such person, and any group
				of persons or a natural person, but shall not include any insurance carrier
				providing environmental impairment insurance to the Facility or insuring the
				risk arising from the UST System.
Petroleum Product
, a product, or
				fraction of a product, that is obtained from distilling and processing crude
				oil and that is capable of being used as a motor fuel for the propulsion of a
				Motor Vehicle or Boat and was delivered to the Facility for such purpose.
Petroleum Product
includes fuels of which a portion
				may be petroleum-based, which may be blended with ethanol, biofuels, and
				similar products that are used as a motor fuel for the propulsion of a Motor
				Vehicle or Boat.
Petroleum Product
does not include
				naphtha-type jet fuel, kerosene-type jet fuel, a product destined for use in
				chemical manufacturing or feedstock of that manufacturing, waste oil, fuel oil,
				or any fuel used for heating purposes.
Political Subdivision
, a city, town,
				district, county, commission, including bodies politic and corporate. For the
				purposes of
				503 CMR 2.00 boards and
				authorities of the Federal Government and the Commonwealth of Massachusetts
				shall be considered Political Subdivisions.
Proof of Payment
, proof of payment by
				a Person of eligible costs incurred as the result of an Eligible Release from a
				UST system. Proof of Payment shall include canceled checks (copies of the front
				and back of the check), a Contractor/Vendor Certification certifying that the
				contractor/vendor has received payment or other documentation acceptable to the
				Board.
Property Damage
, damage to real or
				personal property that is eligible for reimbursement under the provisions of
				503
				CMR 2.12 and that is the subject of a Final
				Judgment. Diminution of property value is not considered Property Damage for
				purposes of
				503 CMR 2.00.
Registration of UST System
,
				notification to MassDEP of the existence of a UST, regardless of whether the
				UST is Closed. The notification shall be as specified by MassDEP.
Reimbursement
, reimbursement to a
				Claimant or payment to a third party on behalf of a Claimant of an amount
				approved by the Board.
Release
, any spilling, leaking,
				pumping, emitting, emptying, discharging, injecting, escaping, leaching,
				dumping, or disposal into the environment of a Petroleum Product from any part
				of a UST System, excluding emissions from the exhaust of an engine, which has
				been reported to MassDEP and assigned a MassDEP release tracking number. A
				Release also includes a spill or overfill of Petroleum Product that occurs
				while being delivered into or removed from an UST System, provided that the
				transferring equipment was connected to the UST System and the Petroleum
				Product released made contact with a component of the UST System before the
				Release occurred.
RTN
, Release Tracking Number issued by
				MassDEP.
Renewal Application for a Certificate of
				Compliance
, an application filed by an Applicant pursuant to
				503
				CMR 2.07, as noted in Appendix 1R.
Request for Reconsideration
, a request
				filed under
				503 CMR
				2.18.
Response Action
, a cost-effective,
				reasonable and necessary action performed after the Release notification was
				made to the MassDEP pursuant to M.G.L. c. 21E § 7, and 310 CMR 40.0000:
Massachusetts Contingency Plan
with regard to the existence or
				extent of contamination of groundwater, surface water, indoor air, sediment, or
				soils on or from a Site by Petroleum Products, including:
(a) Site Assessment, including investigations, monitoring,
				testing, and other information-gathering activities to identify;
1. The source, nature, and extent of a Release;
2. The extent of danger to the health, safety, public welfare,
				and the environment; and
3. Studies, services, and investigations to plan, manage, and
				direct Response Actions; and
(b) Containment, including actions taken in response to a
				Release to prevent or minimize such Release so that it does not migrate or
				otherwise cause or threaten substantial danger to present or future health,
				safety, public welfare, or the environment.
Response
				Action
shall also include necessary and required security
				measures, including the building of fences for the purpose of limiting and
				restricting access to a location where there has been a Release; and
(c) Removal, including the cleanup or removal of Released
				Petroleum Product from the environment, the disposal of removed Petroleum
				Product, or the taking of such other actions as may be necessary to prevent,
				minimize, or mitigate damage to the health, safety, public welfare, or
				environment, which may result from the Release, provided, however, that a
				response shall not include removal or replacement of the UST System.
Site
, a Facility at which there has
				been a Release.
Site Assessment
, those activities
				described in 503 CMR 2.02:
Response Action
(a).
Substantially Completed or Substantial
				Completion
shall mean a Permanent Solution or a Permanent Solution
				with Conditions as defined in 310 CMR 40.0000:
Massachusetts
				Contingency Plan,
or as otherwise determined by the Board.
Third Party Claim
, any Claim filed by
				an Owner or Operator of a UST System for monetary damages based on a Final
				Judgment against such Owner or Operator, establishing that another person has
				sustained Bodily Injury, Property Damage, or Damage to Natural Resources
				proximately caused by the Release.
Third Party Inspection
, shall have the
				same meaning as defined in 310 CMR 80.0000:
Underground Storage Tank
				(UST) Systems.
Underground Storage Tank or UST
, any
				one or combination of tanks, including underground pipes connected thereto, at
				a Facility, used to contain an accumulation of Petroleum Product and the volume
				of which, including the volume of underground pipes connected thereto, is 10%
				or more beneath the surface of the ground.
Underground Storage Tank
				or UST
shall not include a freestanding container within a
				building. For the purposes of
				503 CMR 2.00,
Underground Storage Tank or UST
includes an
				Underground Storage Tank System.
Underground Storage Tank System or UST
				System
, an Underground Storage Tank and its associated ancillary
				equipment and containment system at a Facility. Associated ancillary equipment
				includes all piping and equipment connected to the UST or its containment
				system, including, without limitation nozzles, hoses, pumps, piping, vents,
				transport fittings at the point of connection and vapor recovery piping and
				equipment. For the purposes of
				503 CMR 2.00, an UST System
				does not include a fueling system that is designed for or is otherwise used
				primarily to fuel aircraft.
Willful or Reckless Conduct
, any act
				or failure to act by the Owner or Operator in intentional disregard of the
				consequences, which causes or allows a Release to occur or to continue.