Code of Massachusetts Regulations › 503 CMR - UNDERGROUND STORAGE TANK PETROLEUM PRODUCT CLEANUP FUND ADMINISTRATIVE REVIEW BOARD › Title 503 CMR 4.00 - Underground Storage Tank Petroleum Cleanup Fund Administrative Review Board › Section 4.02 - Definitions

Current through Register 1525, July 5, 2024
Bulk Facility
. A facility including
				pipeline terminals, refinery terminals, rails and barge terminals, and
				associated underground and above ground storage tanks, connected or separate,
				from which Petroleum Products are withdrawn from the bulk quantities and
				delivered into a cargo tank or a barge used to transport these products,
				including all licensed distributors and unclassified importers of Petroleum
				Products.
Commissioner
. The Commissioner of the
				Massachusetts Department of Revenue, or the Commissioner's duly authorized
				representative.
Commonwealth Transportation Fund
. The
				fund established under M.G.L. c. 29, § 2.
Delivery Load or Load
. Shall consist
				of 10,000 US gallons of Petroleum Product.
Department
. The Massachusetts
				Department of Revenue.
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 noncommercial purposes; or is an
				Underground Storage Tank that is owned by the Federal government or the
				Commonwealth or any of its Political Subdivisions.
Fund
. The Underground Storage Tank
				Petroleum Product Cleanup Fund Program or Underground Storage Tank Program
				established pursuant to M.G.L. c. 21 J.
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.
Person Delivering Petroleum Product
.
				The titleholder of the Petroleum Product delivered or transferred to a
				Dispensing Facility including, licensed Massachusetts Distributors,
				Unclassified Importers and Special Fuel Suppliers. A common carrier simply
				delivering or transferring a load of Petroleum Product to a Dispensing Facility
				shall not be considered a Person Delivering Petroleum Product.
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.
Underground Storage Tank
. 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
shall not include a freestanding container within a
				building.
UST Board
. The Massachusetts
				Underground Storage Tank Petroleum Cleanup Fund Administrative Review
				Board.