Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IX - Spills and Hazardous Conditions › Chapter 134 - Underground Storage Tank Licensing and Certification Programs › Rule 567-134.17 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
As used herein:
"Board"
means the Iowa comprehensive
				  petroleum underground storage tank fund board.
"Cathodic protection tester"
means a
				  licensed individual who provides installation, maintenance and testing services
				  on underground storage tank corrosion protection systems.
"Certificate of noncompliance"
means a
				  document provided by the child support recovery unit certifying that the named
				  obligor is not in compliance with a support order or with a written agreement
				  for payment of support entered into by the unit and the obligor.
"Child support recovery unit"
means the
				  child support recovery unit created by Iowa Code section
				  252B.2.
"Deductible"
means the portion of a claim
				  paid by insureds on the policy.
"Department"
means the Iowa department of
				  natural resources.
"Install"
or
"installation"
means the physical construction of a UST system including, but not limited to,
				  activities such as excavating, backfilling, testing, placement of the tank,
				  underground piping, release detection devices, corrosion protection systems,
				  spill and overfill devices and any associated administrative activities such as
				  notifications, record keeping and record submissions.
"Installation inspector"
means a licensed
				  individual who is engaged in the inspection and approval of the installation of
				  new or upgraded underground storage tank systems.
"Installer"
means a licensed individual or
				  licensed company engaged in the installation of a new underground storage tank
				  system or the upgrading of underground storage tank systems.
"In the aggregate"
means for all claims or
				  suits in a single year seeking damages.
"Licensed company"
means a person, or
				  company which employs a person who meets all of the qualifications to install,
				  upgrade, repair, test or line underground storage tank systems.
"Licensed individual"
means an individual
				  who has received a license to perform any of the activities regulated under
				  this chapter.
"Liner"
means a licensed company or an
				  individual who provides services to install underground storage tank lining and
				  to repair underground storage tanks.
"Maintenance"
means the normal operational
				  upkeep to prevent a UST system from releasing a regulated substance or to
				  ensure that a release is detected.
"Modification"
means to change a UST system
				  currently in use by the installation of new UST system components.
				  "Modification" includes, but is not limited to, the addition of corrosion
				  protection to a previously lined tank, installation of new underground piping
				  or replacement of existing underground piping, changing the primary release
				  detection method, or adding secondary containment. "Modification" does not
				  include those activities defined in this rule as "repair" or
				  "replacement."
"Obligor"
means a natural person as defined
				  in Iowa Code section
				  252B.1
				  who has been ordered by a court or administrative agency to pay support.
"OSHA"
means the Occupational Safety and
				  Health Administration.
"Precision test"
means a tank and line
				  tightness test that meets the requirements in rule
				  567-135.4 (455B).
"Removal"
means the process of removing and
				  disposing of an underground storage tank system no longer in service or the
				  process of abandoning an underground storage tank system in place, in
				  accordance with rule 567-135.15 (455B).
"Remover"
means a licensed individual who is
				  engaged in permanent closure activities by removal or filling in place of
				  underground storage tank systems in accordance with rule
				  567-135.15 (455B).
"Repair"
means to restore any portion of a
				  UST system that has failed. "Repair" does not include the activities defined in
				  this rule by "modification" or "replacement."
"Replacement"
means to effect a change in
				  any part of a UST system above grade by exchanging one unit for a like or
				  similar unit. "Replacement" does not include activities defined in this rule as
				  "repair" or "modification."
"Self-insured retention"
means the portion
				  of a claim paid by insureds who self-insure a portion of their risk as part of
				  a policy. Expenses included as a part of the self-insured retention are the
				  cost of claims settlements or suits, the cost of adjusting, legal fees, court
				  costs and any other investigative cost associated with the claim.
"Service technician"
means a nonlicensed
				  individual who works for a licensed individual or a licensed company or who is
				  certified by a manufacturer to conduct modification or replacement activities
				  at UST facilities.
"Tester"
means a licensed company or
				  individual who tests tanks, lines, leak detection systems, or monitoring
				  systems as required by 567-Chapter 135 and this chapter. For the purposes of
				  this definition, an owner, operator or an employee of an owner or operator
				  performing leak detection or cathodic protection monitoring, as required by
				  567-Chapter 135, is not a tester.
"Testing"
means the process of utilizing a
				  system to test underground storage tank systems or any part thereof for
				  tightness, leak detection, cathodic protection or monitoring.
"Underground storage tank professional"
or
"UST professional"
means an individual licensed by the
				  department under Part C of this chapter. The licensing program includes
				  underground storage tank system installation, installation inspection, UST
				  system testing, tank lining, cathodic protection installation/inspection, and
				  UST removal. The license issued will list the type of work the individual is
				  licensed to perform.
"Underground storage tank system"
or
"UST system"
means a tank or tanks and associated piping
				  intended to contain and dispense regulated substances and for which proof of
				  financial responsibility is required.
"Unit"
means the child support recovery unit
				  created in Iowa Code section
				  252B.2.
"U.S. EPA"
means the United States
				  Environmental Protection Agency.
"Withdrawal of a certificate of
				  noncompliance"
means a document provided by the unit certifying that
				  the certificate of noncompliance is withdrawn and that the licensing authority
				  may proceed with issuance, reinstatement, or renewal of an obligor's
				  license.