Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter H - REIMBURSEMENT PROGRAM › Section 334.322 - Subchapter H Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1) Adjacent
				  landowner--A person who owns legal title to land which is within reasonably
				  close proximity to property where a regulated underground storage tank (UST) or
				  aboveground storage tank is located whether or not the land is contiguous to
				  the property containing the tank.
(2) Application preparer--Any person
				  responsible for preparing the application for reimbursement.
(3) Commingled--See definition in §
										334.2 of
				  this title (relating to Definitions).
(4) Confirmed--In the context of a release
				  being confirmed by the agency under this subchapter, means that the executive
				  director has determined that sufficient evidence exists to prove that a release
				  of petroleum products has occurred from a petroleum storage tank subject to
				  regulation under this chapter.
(5)
				  Eligible aboveground storage tank--A non-vehicular device with a capacity of
				  more than 1,100 gallons, and all connecting piping both above and below ground,
				  that is made of non-earthen materials; located on or above the surface of the
				  ground or on or above the surface of the floor of a structure below ground,
				  such as a mineworking basement, or vault; and designed to contain an
				  accumulation of petroleum.
(6)
				  Eligible operator--Any person in control of or having the responsibility for
				  the daily operation of a petroleum storage tank who meets the eligibility
				  requirements prescribed in §
										334.310
				  of this title (relating to Requirements for Eligibility).
(7) Eligible owner--Any person who meets the
				  eligibility requirements prescribed in §
										334.310
				  of this title (relating to Requirements for Eligibility) and who held or
				  currently holds legal possession or ownership of an interest in a petroleum
				  storage tank. For the purposes of this subchapter, if the actual ownership of
				  the petroleum storage tank is uncertain, unknown, or in dispute, the fee simple
				  owner of the surface estate of the tract on which the petroleum storage tank is
				  located is considered the petroleum storage tank owner unless that person can
				  demonstrate by appropriate documentation, including a deed reservation,
				  invoice, bill of sale, or by other legally acceptable means that the petroleum
				  storage tank is owned by another person. A person who has registered as an
				  owner of a petroleum storage tank with the commission under §
										334.7
				  of this title (relating to Registration for Underground Storage Tanks (USTs)
				  and UST Systems) (or a preceding rule section concerning tank registration)
				  after September 1, 1987, shall be considered the petroleum storage tank owner
				  until such time as documentation demonstrates to the executive director's
				  satisfaction that the legal interest in the petroleum storage tank was
				  transfered to a different person subsequent to the date of the tank
				  registration. This definition is subject to the limitations found in Texas
				  Water Code, §
										26.3514,
				  Limits on Liability of Lender; §26.3515, Limits on Liability of Corporate
				  Fiduciary; and §25.3516, Limits on Liability of Taxing Unit.
(8) Emergency--Any existing or potential
				  fire, explosion, or vapor hazards which pose an imminent threat to human health
				  and safety, or any imminent threat at the point of actual use to drinking water
				  supplies actually being used.
(9)
				  Emergency abatement--Taking mitigating actions necessary in an emergency to
				  protect against imminent danger to human health and safety by removing
				  phase-separated product from structures, basements, sumps, etc., or performing
				  other actions as deemed necessary by the agency. Restoration of site to
				  preexisting conditions, cost of relocating utility structures, site assessment,
				  and remediation are not considered part of emergency abatement
				  activities.
(10) Initial abatement
				  measures--The mitigation of all existing or potential fire, explosion, or vapor
				  hazards, including the removal of phase-separated product, to provide adequate
				  protection of human health, safety, and the environment in emergency situations
				  or other situations where emergency actions must be implemented to prevent
				  further impacts to the environment. Restoration of site to preexisting
				  conditions, cost of relocating utility structures, site assessment, and
				  remediation are not considered part of initial abatement measures.
(11) Petroleum product--See definition in
				  §
										334.2 of
				  this title (relating to Definitions).
(12) Petroleum storage tank--See definition
				  in §
										334.2 of
				  this title (relating to Definitions).
(13) Phase-separated product--See
				  Free-product as defined in §
										334.2(relating to
				  Definitions) of this title.
(14)
				  Prime contractor--Any natural person, firm, or any entity responsible for the
				  contracting of any corrective action services.
(15) Prime corrective action specialist--A
				  natural person, consulting firm, or any entity engaging in corrective action
				  services, or acting as coordinator of others engaged in corrective action
				  services.
(16) Related parties--An
				  eligible owner, an eligible operator, a prime corrective action specialist, or
				  a subcontractor (collectively "parties" or individually "party" in this
				  definition) are related parties to the extent that any one of them holds any
				  legal or beneficial ownership in another party, or is owned in whole or in
				  part, legally or beneficially, by any person or entity who also owns all or
				  part of the legal or beneficial interest in another party, or is party to an
				  exclusive dealing agreement with another party regarding the performance of
				  corrective action at leaking petroleum storage tank sites in Texas. Ownership
				  by one member of a family shall be attributed to all those within the second
				  degree by consanguinity or affinity. In addition, any of the parties listed in
				  this paragraph are related parties if they share common employees, common
				  offices, or centralized accounting; if they operate under a common business
				  name; or if one party pays the wages of another party's employees, makes
				  undocumented transfers of funds to the other party, or allows its employees to
				  render services on behalf of another party.
(17) Spent oil--A regulated substance that is
				  a lubricating oil or similar petroleum substance which has been refined from
				  crude oil, used for its designed or intended purposes, and contaminated as a
				  result of that use by physical or chemical impurities, including spent motor
				  vehicle lubricating oils, transmission fluid, or brake fluid.
(18) Tank removal--The physical removal of a
				  petroleum storage tank from the subsurface. Tank removals include removal and
				  replacement of surface material, excavation and disposal of backfill material,
				  petroleum storage tank removal and disposal, backfilling and compaction of
				  backfilled material, and any other activities typically associated with the
				  tank removal process.
(19) Vehicle
				  service and fueling facility--A facility where motor vehicles are serviced or
				  repaired and where petroleum products are stored and dispensed from fixed
				  equipment into the fuel tanks of motor vehicles.