North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33-24-08-03 - Definitions (technical standards, delivery prohibition, and corrective action)

Current through Supplement No. 393, July, 2024
1. "Aboveground
				release" means any release to the surface of the land or to surface water. This
				includes, but is not limited to, releases from the aboveground portion of an
				underground storage tank system and aboveground releases associated with
				overfills and transfer operations as the regulated substance moves to or from
				an underground storage tank system.
2. "Ancillary equipment" means any devices
				including, but not limited to, such devices as piping, fittings, flanges,
				valves, and pumps used to distribute, meter, or control the flow of regulated
				substances to and from an underground storage tank.
3. "Belowground release" means any release to
				the subsurface of the land and the ground water. This includes, but is not
				limited to, releases from the belowground portions of an underground storage
				tank system and belowground releases associated with overfills and transfer
				operations as the regulated substance moves to or from an underground storage
				tank.
4. "Beneath the surface of
				the ground" means beneath the ground surface or otherwise covered with earthen
				materials.
5. "Cathodic protection"
				is a technique to prevent corrosion of a metal surface by making that surface
				the cathode of an electrochemical cell. For example, a tank system can be
				cathodically protected through the application of either galvanic anodes or
				impressed current.
6. "Cathodic
				protection tester" means a person who can demonstrate an understanding of the
				principles and measurements of all common types of cathodic protection systems
				as applied to buried or submerged metal piping and tank systems. At a minimum,
				such persons must have education and experience in soil resistivity, stray
				current, structure-to-soil potential, and component electrical isolation
				measurements of buried metal piping and tank systems.
7. "CERCLA" means the Comprehensive
				Environmental Response, Compensation, and Liability Act of 1980, as
				amended.
8. "Class A operator"
				means an individual who has primary responsibility to operate and maintain the
				underground storage tank system in accordance with applicable requirements
				established by the department. The class A operator typically manages resources
				and personnel, such as establishing work assignments, to achieve and maintain
				compliance with regulatory requirements.
9. "Class B operator" means the individual
				who has day-to-day responsibility for implementing applicable regulatory
				requirements established by the department. The class B operator typically
				implements in-field aspects of operation, maintenance, and associated
				recordkeeping for the underground storage tank system.
10. "Class C operator" means the individual
				responsible for initially addressing emergencies presented by a spill or
				release from an underground storage tank system. The class C operator typically
				controls or monitors the dispensing or sale of regulated substances.
11. "Community water system (CWS)" means a
				public water system which serves at least fifteen service connections used by
				year-round residents or regularly serves at least twenty-five year-round
				residents.
12. "Compatible" means
				the ability of two or more substances to maintain their respective physical and
				chemical properties upon contact with one another for the design life of the
				tank system under conditions likely to be encountered in the underground
				storage tank.
13. "Connected
				piping" means all underground piping including valves, elbows, joints, flanges,
				and flexible connectors attached to a tank system through which regulated
				substances flow. For the purpose of determining how much piping is connected to
				any individual underground storage tank system, the piping that joins two
				underground storage tank systems should be allocated equally between
				them.
14. "Consumptive use" with
				respect to heating oil means consumed on the premises.
15. "Containment sump" means a liquid-tight
				container that protects the environment by containing leaks and spills of
				regulated substances from piping, dispensers, pumps, and related components in
				the containment area. Containment sumps may be single walled or secondarily
				contained and located at the top of the tank (tank top or submersible turbine
				pump sump), underneath the dispenser (under-dispenser containment sump), or at
				other points in the piping run (transition or intermediate sump).
16. "Corrosion expert" means a person who, by
				reason of thorough knowledge of the physical sciences and the principles of
				engineering and mathematics acquired by a professional education and related
				practical experience, is qualified to engage in the practice of corrosion
				control on buried or submerged piping systems and metal tanks. Such a person
				must be accredited or certified as being qualified by the national association
				of corrosion engineers or be a registered professional engineer who has
				certification or licensing that includes education and experience in corrosion
				control of buried or submerged metal piping systems and metal tanks.
17. "Department" means the North Dakota state
				department of health charged with the administration and enforcement of this
				chapter.
18. "Dielectric material"
				means a material that does not conduct direct electrical current. Dielectric
				coatings are used to electrically isolate underground storage tank systems from
				the surrounding soils. Dielectric bushings are used to electrically isolate
				portions of the underground storage tank system (for example, tank from
				piping).
19. "Dispenser" means
				equipment located aboveground that dispenses regulated substances from the
				underground storage tank system.
20. "Dispenser system" means the dispenser
				and the equipment necessary to connect the dispenser to the underground storage
				tank system.
21. "Electrical
				equipment" means underground equipment that contains dielectric fluid that is
				necessary for the operation of equipment such as transformers and buried
				electrical cable.
22. "Excavation
				zone" means the volume containing the tank system and backfill material bounded
				by the ground surface, walls, and floor of the pit and trenches into which the
				underground storage tank system is placed at the time of
				installation.
23. "Existing tank
				system" means a tank system used to contain an accumulation of regulated
				substances or for which installation has commenced on or before December 22,
				1988. Installation is considered to have commenced if:
a. The owner or operator has obtained all
				federal, state, and local approvals or permits necessary to begin physical
				construction of the site or installation of the tank system; and if,
b. Either, (1) a continuous onsite physical
				construction or installation program has begun, or (2) the owner or operator
				has entered into contractual obligations, which cannot be canceled or modified
				without substantial loss, for physical construction at the site or installation
				of the tank system to be completed within a reasonable time.