Code of Massachusetts Regulations › 503 CMR - UNDERGROUND STORAGE TANK PETROLEUM PRODUCT CLEANUP FUND ADMINISTRATIVE REVIEW BOARD › Title 503 CMR 3.00 - Underground Storage Tank Petroleum Product › Section 3.02 - Definitions

Current through Register 1525, July 5, 2024
Under
				503 CMR 3.00, the following
				terms shall have the following meanings:
Aboveground Storage Tank or AST
. A
				horizontal or vertical double walled tank, that is listed and intended for
				fixed installation, without backfill above or below grade, and is within the
				scope of its approval or listing.
Agencies or Authorities of the
				Commonwealth
. Any department, agency, authority, board or
				commission of the Commonwealth.
Applicant
. Cities, towns, districts,
				and other Bodies Politic that file an application for a grant under this
				program.
Board
. The Underground Storage Tank
				Petroleum Product Cleanup Fund Administrative Review Board, as defined in
				M.G.L. c. 21 J, § 8.
Bodies Politic
. Any department,
				agency, board or commission of any city, town, or county of the Commonwealth,
				but does not include Agencies or Authorities of the Commonwealth.
Certification
. A written statement
				signed by an Applicant or potential Applicant attesting to the accuracy and
				completeness of the facts contained in a submission to the Board.
Closure or Closed
. The permanent
				removal or abandonment 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.
Consumptive Use
. Use of fuel oil
				exclusively for area heating and/or the heating of domestic water on the
				premises where stored.
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.
Designated Representative of the State Fire
				Marshal
. A person under the control of, and designated in writing
				by, the State Fire Marshal to act on his behalf to ensure compliance with
				construction, installation, maintenance and operation regulations applicable to
				a UST System. The State Fire Marshal shall maintain a list of the Designated
				Representatives.
District
. A separate fire, water,
				sewer, water pollution abatement, refuse disposal, light or improvement
				district, or any other district, however named, of the Commonwealth established
				under general law or special act.
Eligible Costs
. Costs directly
				associated with the UST/AST Installation and/or Removal will be eligible for a
				grant. Such costs shall not include dispensers, dispenser islands, monitoring
				systems, engineering, environmental remediation, lighting, canopies, fire
				suppression systems, heat exchangers, suction pumps, oil/water separators,
				inspection tanks and any other costs the Board determines to be
				ineligible.
Eligible Parties
. Cities, towns,
				districts, and other Bodies Politic that own one or more Facilities.
Facility
. A real property address in
				Massachusetts at which one or more Underground Storage Tanks are located and
				used to store gasoline or other fractions of Petroleum Products.
Fuel Storage Tank
. An Underground
				Storage Tank, used or designed to be used for the storage of Petroleum
				Products, provided the tank does not have an acceptable form of leak detection
				and does not have a spill containment manhole and overfill prevention
				device.
Fund
: The Underground Storage Tank
				Petroleum Product Cleanup Fund Program, or Underground Storage Tank Program
				established pursuant to M.G.L. c. 21 J.
Grant.
Any monies allocated to an
				Eligible Party within the purpose and scope of
				503 CMR 3.00.
Head of the Fire Department
. The top
				ranking official of the local fire department or his or her designee.
Interim Welled Protection Area
. The
				interim radius of ½ mile (2,640') surrounding a public water supply well
				or wellfield for which MassDEP has not approved a hydrologically delineated
				Zone II.
Leak or Leakage
. Any uncontrolled
				movement, measurable by a final or precision test, as described in the
				310 CMR 80.00:
Underground Storage Tank (UST) Systems.
Monitoring System
. A full-time
				approved system installed for the purpose of early detection of leaks. Minimum
				standards of in-tank monitoring systems shall consist of in-tank equipment that
				provides continuous monitoring of any uncontrolled movement of liquid from the
				tank as described in
				310 CMR 80.00:
Underground Storage Tank (UST) Systems.
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 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, boat or aircraft.
Petroleum Product
includes
				fuel oil used for consumptive heating purposes.
Petroleum
				Product
does not include naphtha-type jet fuel, kerosene-type jet
				fuel, a petroleum product destined for use in chemical manufacturing or
				feedstock of that manufacturing, or waste oil.
Petroleum Product Movement
. The
				movement of petroleum product through the ground.
Registration of UST System
.
				Notification to the MassDEP of the existence of an UST, regardless of whether
				the UST is Closed. The notification shall be as specified by MassDEP.
Replacement or Substantial
				Modification
. The construction of or any additions to, an existing
				storage Facility, or any restoration, refurbishment, or renovation which
				significantly affects the physical integrity of the storage Facility or its
				monitoring system.
Response Action
. A cost-effective,
				reasonable and necessary action performed after the release notification 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 or soils on or from a
				site by Petroleum Products.
Tank.
Any structure used or designed
				for the storage of any Petroleum Product within the scope of
				503 CMR 3.00.
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. This term shall not include a
				freestanding container within a building. For the purposes of
				503 CMR 3.00,
Underground Storage Tank
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 3.00, an UST System
				does not include a fueling system that is designed for or is otherwise used
				primarily to fuel aircraft.
Water Supply
. Any raw or finished
				source that is currently used, reserved for future use, or under investigation
				for future use as a public water supply as that term is used in
				310 CMR
				22.00:
Drinking Water,
or used as a
				source of private drinking water by one or more persons.
Water
				Supply
shall include all land and/or waters used as a tributary to
				a public water system except those under
				310 CMR
				22.22:
Cross Connections Distribution
				System Protection.
Water System
. A public water system as
				that term is defined in
				310 CMR 22.02:
Cross Connections Distribution System Protection.
Zone A
. As defined by
				310 CMR 22.02:
Cross Connections Distribution System Protection.
Zone B
. As defined by
				310 CMR 22.02:
Cross Connections Distribution System Protection.
Zone I
. As defined by
				310 CMR 22.02:
Cross Connections Distribution System Protection.
Zone II
. As defined by
				310 CMR 22.02:
Cross Connections Distribution System
				Protection.