Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part VIII - Underground Storage Tank Indemnification Board › Chapter 977 - UNDERGROUND STORAGE TANK INDEMNIFICATION BOARD › Subchapter A - GENERAL PROVISIONS › Section 977.4 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
					 have the following meanings, unless the context clearly indicates
					 otherwise:
Act
-The Storage Tank and Spill Prevention
					 Act (35 P. S. §§
											6021.101-6021.2104).
Activity
-Installing, making major
					 modifications to or removing all or part of a storage tank system or storage
					 tank facility.
Activity fee
-The fee assessed upon a
					 certified company for all activities on a UST or a HOT as established in
					 accordance with section 705(d)(1) of the act (35 P. S. §
											6021.705(d)(1)) and §
										977.19(d)
					 (relating to certified company fees).
Board
-The Underground Storage Tank
					 Indemnification Board.
Bodily injury
-Physical injury, sickness,
					 disease or death sustained by a third party, resulting from a release from a
					 UST or a HOT, or a certified company activity.
Capacity fee
-The fee assessed upon an
					 owner or operator, as established in accordance with section 705(d)(2) of the
					 act and §
										977.18 (relating to capacity fee
					 payment procedure).
Certification fee
-The annual fee assessed
					 upon a certified company which performs tank-handling activities on a UST, as
					 established in accordance with section 705(d)(1) of the act and §
					 977.19(c).
Certified company
-An entity, including,
					 but not limited to, a sole proprietorship, a partnership or a corporation,
					 which is authorized by the DEP to conduct tank-handling activities, tightness
					 testing activities or inspection activities using certified installers,
					 certified inspectors or both. See §
										245.1 (relating to
					 definitions).
Certified company fee
-The fee assessed
					 upon a certified company as established in accordance with section 705(d)(1) of
					 the act and § 977.19(b).
Certified tank installer
-A person
					 certified by the DEP to perform tank-handling activities on a UST and who may
					 also perform activities on a HOT. See § 245.1.
Claim
-A request for coverage and
					 reimbursement from the Fund which is made by the participant that has incurred,
					 or will incur, corrective action costs or liability for bodily injury or
					 property damage caused by a release.
Claim investigation
-The obtaining and
					 reviewing of information concerning a reported claim including:
(i) Verbal or written statements.
(ii) Conducting onsite visits and any
				  information obtained from these visits.
(iii) Other relevant information.
Corrective action costs
-Reasonable and
					 necessary expenses for corrective action, as defined in section 103 of the act
					 (35
					 P. S. §
											6021.103), incurred by an owner
					 or operator in response to a confirmed underground storage tank release as
					 specified in regulations promulgated by the DEP. The term does not include the
					 cost of upgrading, routine inspections, investigations or permit activities not
					 associated with a release. See § 245.1.
DEP
-The Department of Environmental
					 Protection of the Commonwealth.
Defense costs
-Expenses incurred by the
					 Fund in the investigation, settlement or defense of a specific claim, including
					 fees of attorneys that the Fund retains and other litigation expenses.
Discount
-The amount retained by
					 distributors who collect the gallon fee in accordance with §
										977.15 (relating to gallon fee
					 discount for distributors).
Distributor
-An intermediary that retains
					 title to a regulated substance prior to delivery, and which delivers that
					 substance into a UST.
Distributor delivery invoice
-The document
					 supplied by the distributor to a UST owner or operator which identifies the
					 number of gallons of regulated substance delivered into a UST and the total
					 gallon fee to be paid.
EPA
-The United States Environmental
					 Protection Agency.
Fund
-The Underground Storage Tank
					 Indemnification Fund.
Gallon fee
-The fee assessed upon a UST
					 owner or operator on regulated substances placed into a UST. The gallon fee is
					 calculated by multiplying the number of gallons of regulated substance entering
					 a UST by the unit charge in §
										977.12 (relating to owner and
					 operator fees).
Gallon fee statement
-A form supplied by
					 the Fund to a distributor or to a UST owner or operator upon which the assessed
					 gallon fee is noted, and which is returned to the Fund with the
					 remittance.
HOT-Heating oil tank
-An underground
					 heating oil tank not regulated under regulations promulgated by DEP, with a
					 capacity of 3,000 gallons or greater used for storing heating oil products for
					 use on the premises.
Nonretail bulk storage UST
-A UST which is
					 not used for dispensing gasoline to end-users.
Operator
-Includes any of the
					 following:
(i) A person who manages,
				  supervises, alters, controls or has responsibility for the operation of a
				  UST.
(ii) A person who manages,
				  supervises, alters, controls or has responsibility for the operation of a HOT,
				  and elects to participate in the Heating Oil Tank Optional Program.
Owner
-Includes any of the
					 following:
(i) A person who owns a UST
				  storing regulated substances on or after November 8, 1984.
(ii) A person who owns a UST at the time all
				  regulated substances were removed when removal occurred prior to November 8,
				  1984.
(iii) A person who owns a HOT
				  and elects to participate in the Heating Oil Tank Optional Program.
Participant
-Includes any of the
					 following:
(i) An owner or operator of
				  a UST.
(ii) An owner or operator of
				  a HOT.
(iii) A certified
				  company.
Property damage
-Damage to the property of
					 third parties that includes:
(i)
				  Destruction of, contamination of, or other physical harm to real property or
				  tangible personal property, including the resulting loss of use of that
				  property which occurred from a release from a UST on or after February 1, 1994,
				  or a release from a HOT on or after the date of election of coverage.
(ii) Loss of use of real property or tangible
				  personal property that is not physically injured, destroyed or contaminated,
				  but has been evacuated, withdrawn from use, or rendered inaccessible because of
				  a release from a UST which occurred on or after February 1, 1994, or a release
				  from a HOT on or after the date of election of coverage.
Regulated substance
-
(i) An element, compound, mixture, solution
				  or substance that, when released into the environment, may present substantial
				  danger to the public health, welfare or the environment, and which is:
(A) Any substance defined as a hazardous
				  substance in section 101(14) of the Comprehensive Environmental Response,
				  Compensation, and Liability Act of 1980 (42 U.S.C.A. §
												9601), but not including substances regulated
				  as a hazardous waste under Subtitle C of the Resource Conservation and Recovery
				  Act of 1976 (42 U.S.C.A.
				  §§
												6921-6931).
(B) Petroleum, including crude oil or a
				  fraction thereof and hydrocarbons which are liquid at standard conditions of
				  temperature and pressure (60° and 14.7 pounds per square inch absolute),
				  including oil, petroleum, fuel oil, oil sludge, oil refuse, oil mixed with
				  other nonhazardous wastes and crude oils, gasoline and kerosene.
(C) Other substances determined by the DEP
				  whose containment, storage, use or dispensing may present a hazard to the
				  public health and safety or the environment, but not including gaseous
				  substances used exclusively for the administration of medical
				  care.