Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 25 - Oil and Underground Tanks › Part 1 - Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials › Section 250-RICR-140-25-1.5 - Definitions

Current through June 14, 2024
A. For the purposes of these regulations, the
				  following terms shall have the following meanings:
1. "Abandonment" means the relinquishment or
				  termination of possession, ownership or control of underground storage tanks,
				  by vacating or by disposition, without meeting the closure requirements listed
				  in §
											1.15 of this Part; or the
				  action of taking a UST or UST system out of operation for a period of greater
				  than 180 consecutive days without the prior permission of the Director pursuant
				  to §
											1.15 of this
				  Part.
2. "Airport hydrant fuel
				  distribution system" means a UST system which fuels aircraft and operates under
				  high pressure with large diameter piping that typically terminates into one or
				  more hydrants (fill stands). The airport hydrant system begins where fuel
				  enters one or more tanks from an external source such as a pipeline, barge,
				  rail car, or other motor fuel carrier.
3. "Aquifer" means a geologic formation,
				  group of formations, or part of a formation that contains sufficient saturated
				  permeable material to yield quantities of water to wells and springs in
				  quantities which in the aggregate are sufficient to supply the daily
				  requirements of one or more persons.
4. "Authorized representative" means any
				  individual employed by any person, including all forms of private, governmental
				  and commercial entities included thereunder, in a position to commit the
				  resources of that person and bind that person to any responsibilities and/or
				  liabilities set forth under these regulations.
5. "Automatic tank gauging system" means
				  equipment used for automatic gauging that tests for the gain or loss of liquid
				  contents of a UST. The automatic product level monitor test must be able to
				  detect a 0.2 gallon per hour or less leak rate at 95% probability of detection
				  from any portion of the tank that routinely contains product. It must also be
				  capable of measuring water in the bottom of the tank to the nearest 1/8 inch.
				  Inventory leak reporting requirements are stated in §
											1.13(C) of
				  this Part.
6. "Bodily injury" means
				  any physical injury or impairment to the body of a natural person or any
				  physical illness or disease or death resulting from said injury, which has been
				  caused, directly or proximately, by a release from a UST or UST
				  system.
7. "Cathodic protection"
				  means a technique to prevent the corrosion of metal surfaces by making that
				  surface the cathode of an electrochemical cell.
8. "Cathodic protection tester" means a
				  person who has education and experience in soil resistivity, stray current,
				  structure-to-soil potential, and component electrical isolation measurements of
				  buried metal piping and tank systems who is certified by NACE International as
				  a Cathodic Protection Technologist, Cathodic Protection Technician, Cathodic
				  Protection Tester, Senior Corrosion Technologist, Corrosion Technologist, and
				  Corrosion Technician. A person who is a NACE Corrosion Technician may only
				  collect data, however, with the stipulation that the data be reviewed by a
				  Corrosion Technologist, Senior Corrosion Technologist, or a "corrosion expert"
				  (a NACE corrosion Specialist or Cathodic Protection Specialist). Persons
				  certified by the STI as a Cathodic Protection Tester also may only collect data
				  and must have two years or corrosion work experience and be re-certified every
				  three years and in accordance with STI protocol.
9. "Claim" means an application submitted to
				  the Department for reimbursement from the fund.
10. "Claimant" means a responsible party as
				  defined in §
											1.5(A)(103)
				   of this Part submitting a claim to the
				  Department for reimbursement from the fund.
11. "Class A operator" means the individual
				  or individuals designated by the owner to have primary responsibility for the
				  overall operation and maintenance of a UST system. This person must have an
				  understanding of the statutory and regulatory requirements that relate to the
				  permitting of the facility and must hold a valid "Class A" or "Class A/B" UST
				  operator certificate recognized by the State of Rhode Island.
12. "Class B operator" means the individual
				  or individuals designated by the owner to implement applicable regulatory
				  requirements and implement the daily aspects of the operation, maintenance, and
				  recordkeeping of the UST system(s). This person must hold a valid "Class B" or
				  "Class A/B" UST operator certificate recognized by the State of Rhode
				  Island.
13. "Class C operator"
				  means the individual or individuals designated by the owner whose primary
				  responsibility is to respond to alarms, or emergencies caused by spills or
				  releases from a UST system at the facility. This person or individuals must be
				  trained by the Class A operator and have their knowledge of emergency response
				  tested on a routine basis.
14.
				  "Cleanup" means those activities undertaken pursuant to regulations promulgated
				  by the Department for the investigation and remediation of releases from UST's
				  or UST Systems.
15. "Cleanup goals"
				  means the extent of corrective action required by the Department to protect
				  human safety, health, and the environment; pursuant to its regulations
				  governing such corrective action.
16. "Closure" means the removal from service
				  of any underground storage tank in accordance with the provisions of §
											1.15 of this
				  Part.
17. "Commenced construction"
				  means that the owner/operator has obtained all governmental approvals or
				  permits required to begin physical construction and has either begun a
				  continuous on-site physical construction program; or entered into contractual
				  obligations which cannot be canceled or modified without substantial loss and
				  are payable upon physical construction of the facility.
18. "Commercial tank" means any underground
				  storage tank used in the furtherance of trade, traffic, business or commerce
				  including, without limitation, tanks used to store heating oil for residential
				  structures containing four or more or living units.
19. "Community water system" means a public
				  water system which serves at least fifteen service connections used by
				  year-round residents or regularly serves at least 25 year-round residents. This
				  includes most private homes, apartment buildings, condos, and other
				  residences.
20. "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 UST.
21. "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.
22.
				  "Contaminant" means any physical, chemical, biological or radiological
				  substance in soil, water, air or any other environmental media which renders,
				  or is likely to render, such soil, water, air or any other environmental media
				  unfit for its intended use or for any feasible use.
23. "Contamination" or "contaminated" means
				  the results of a release of regulated substances or other hazardous materials
				  regulated under this Part from an underground storage tank or underground
				  storage tank system into the ground water, surface water or soil in quantities
				  which may adversely impact human safety, health or the environment.
24. "Continuous monitoring system" means an
				  automatic, continuous leak detection and alarm system that operates independent
				  of human assistance and meets industry standards such as those of Underwriters
				  Laboratories (UL), and which is approved by the Director.
25. "Corrective action" means implementation
				  of measures to rehabilitate site ground water, surface water, soil, or air to
				  meet cleanup goals.
26. "Corrective
				  action plan" means a plan that addresses contaminated soils or ground water or
				  other related environmental or public health impacts of a release pursuant to
				  these regulations.
27. "Corrosion
				  expert" means a person who, by reason of thorough knowledge of the physical
				  sciences and the principles of engineering and mathematics acquired by
				  education and practical experience, is qualified and certified to engage in the
				  practice of corrosion control on buried or submerged metal tanks. Such a person
				  must be accredited or certified by the National Association of Corrosion
				  Engineers as either a Corrosion Specialist or Cathodic Protection
				  Specialist.
28. "Deductible limit"
				  means the amount to be deducted from an amount otherwise eligible for
				  reimbursement hereunder prior to any reimbursement from the fund as such limits
				  are established by R.I. Gen. Laws §
											46-12.9-5.
29. "Delivery prohibition" means by order of
				  the Director, deliveries or additions of regulated substances to the UST system
				  is prohibited due to continued non-compliance with the UST regulations. DEM
				  staff will affix a locking "red tag" to all fill points which prevents delivery
				  of fuel. Removal, destruction, disabling, or defacing this tag is
				  prohibited.
30. "De minimus" means
				  any regulated liquid, semi-solids, or gels contained in a UST at concentrations
				  below all applicable State and Federal limits, targets, guidelines or
				  objectives. In the absence of established objectives, guidelines, limits, or
				  targets, de minimus shall refer to any concentration below applicable
				  analytical Method Detection Limit (MDL) for the regulated substance.
31. "DEM" or "Department of Environmental
				  Management" or "Department" means the Rhode Island Department of Environmental
				  Management and/or any office thereof.
32. "Diesel fuel" means any grade of
				  distillate oil, commonly referred to as "diesel" that is manufactured and sold
				  for use, or is used, as fuel in an internal combustion engine; including
				  regulated substances substituted for use as a diesel fuel.
33. "Director" means the Director of the
				  Department of Environmental Management or his/her designee. Any documents or
				  reports required to be submitted to the Director by these regulations should be
				  sent to: UST Management Program, RI Department of Environmental Management, 235
				  Promenade Street, Providence, Rhode Island 02908.
34. "Dispenser" means equipment located
				  aboveground that dispenses regulated substances from the UST system.
35. "Dispenser system" means the dispenser
				  and the equipment necessary to connect the dispenser to the underground storage
				  tank system.
36. "Double-walled
				  tank" means a container with two complete shells providing both primary and
				  secondary containment. The container shall have a continuous 360°
				  interstitial space between the primary and secondary shell. The interstitial
				  space shall be designed so that an approved interstitial space monitor is able
				  to continuously monitor this space. All double-walled tanks shall be
				  UL-listed.
37. "Dry season" means
				  that the time period during which the groundwater tables are at their lowest
				  elevation at which they occur, usually falling during the months of
				  May-December. Specific dates for the dry season will be determined on a yearly
				  basis by the Director.
38.
				  "Dual-usage tank" means a UST whose contents serve more than one use. (For
				  example, the contents of the UST serve both a boiler and an emergency
				  generator). Such tanks are treated under the usage which is more stringently
				  regulated.
39. "Eligible claimant"
				  means a claimant served with a notice of eligibility by the
				  Department.
40. "Eligible costs"
				  means costs, expenses and other obligations as incurred or to be incurred by a
				  responsible party for site investigation, site remediation or other corrective
				  action activities or certain third party damages ordered or directed by the
				  Department or voluntarily performed by the responsible party and not
				  specifically identified by the Department as ineligible.
41. "Emergency and short-term response
				  action" means any activities undertaken immediately following the discovery of
				  a release of regulated substances in order to completely, or partially,
				  contain, clean up, or treat the released material and remove an imminent hazard
				  if it exists.
42. "Emergency spill
				  protection tank" means a tank used for temporary storage of substances in
				  response to a leak, spill or other unplanned occurrence. This tank must be
				  emptied expeditiously following use.
43. "Emergency generator" means any internal
				  combustion engine which produces electricity and is fueled by diesel, gasoline,
				  any grade of fuel oil, kerosene, biodiesel, or any other regulated
				  substance.
44. "Environmental
				  consultant" means any of the following: a geologist certified by the American
				  Institute of Professional Geologists (certified professional geologist); a
				  geologist registered by any state program (registered professional geologist),
				  or a registered professional engineer.
45. "Environmentally sensitive area" means
				  any area, including but not limited to, those wherein the groundwater is
				  classified as GA or GAA in accordance with RI DEM Groundwater Quality Rules and
				  any other area which includes sensitive receptors.
46. "Excavation zone" means the underground
				  area containing the tank system and backfill material, bounded by the ground
				  surface, walls, and floor of the pit and trenches into or from which the UST
				  system is installed or removed.
47.
				  "Facility" means any parcel of real estate or contiguous parcels of real estate
				  owned and/or operated by the same person(s), which together with all land,
				  structures, facility components, improvements, fixtures and other appurtenances
				  located therein form a distinct geographic unit and at which regulated
				  substances hazardous materials are or have been stored in underground storage
				  tanks.
48. "Facility component"
				  means any underground tanks, associated pipes, pumps, leak monitoring systems,
				  cathodic protection systems, vaults, fixed containers or appurtenant
				  structures, used or designed to be used for the storage, transmission, or
				  dispensing of regulated substances and hazardous materials.
49. "Farmer" means an individual, partnership
				  or corporation who operates a farm and has filed a 1040F U.S. Internal Revenue
				  Form with the Internal Revenue Service, has a State of Rhode Island farm tax
				  number and has earned ten thousand dollars ($10,000) gross income on farm
				  products in each of the preceding four (4) years.
50. "Farm tank" means an underground storage
				  tank located on a tract of land operated by a farmer, provided that the
				  material stored is used on-site.
51. "Field-constructed tank" means a tank
				  constructed at a facility location.
52. "Flow through process tank" means any
				  tank that is an integral part of a production process through which there is a
				  steady, variable, recurring, or intermittent flow of materials during the
				  operation of the process. Flow-through process tanks do not include tanks used
				  for the storage of materials prior to their introduction into the production
				  process or for the storage of finished products or by-products from a
				  production process.
53. "Free
				  product" means any regulated substance that is present as a non-aqueous phase
				  liquid (e.g. liquid not dissolved in water).
54. "Fund" means the Rhode Island Underground
				  Storage Tank Financial Responsibility Fund as established pursuant to R.I. Gen.
				  Laws Chapter 46-12.9.
55.
				  "Gasoline" means a petroleum distillate, or blends of petroleum distillates,
				  having a Reid vapor pressure of 7 pounds per square inch absolute (48.3 k Pa)
				  or greater and capable of being used as fuel for internal combustion
				  engines.
56. "Groundwater" means
				  water found in the saturated zone underground which completely fills the open
				  spaces between particles of sediment, within rock formations, or within bedrock
				  fractures.
57. "Hazardous
				  materials" means any material defined as a "hazardous substance" by the
				  Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
				  or other regulated substances,
				  42 U.S.C. §
												9601. Hazardous materials shall also include
				  any material defined as a "hazardous waste" pursuant to the Rhode Island
				  Hazardous Waste Management Act, R.I. Gen. Laws Chapter 23-19.1, as well as any
				  of the following materials:
a.
				  Acetone
b. Ethanol
c. Ethylene Oxide
d. Methanol
e.
				   Methylene Chloride
f.
				  Perchloroethylene
58.
				  "Heating oil" means No. 1, No. 2, No. 4, No. 5, or No. 6, technical grades of
				  fuel oil, other residual fuel oil, including bunker C and/or other fuels,
				  except motor fuels or waste oils, when used as substitutes for any of these
				  fuel oils used for the purpose of producing heat (e.g., burned in a furnace or
				  boiler).
59. "Holding tank" means a
				  UST system used to collect and store discharges, both intermittent and
				  continuous, containing regulated substances from floor drains or other piping
				  outlets.
60. "Hydraulic
				  conductivity" means a measure of the ability of an aquifer to transmit a fluid,
				  which depends on the properties of both the fluid and the medium.
61. "Hydraulic lift tanks" means those tanks
				  holding hydraulic fluid for a closed-loop mechanical system using compressed
				  air or hydraulic fluid to operate lifts, elevators, and other similar
				  devices.
62. "Hydrostatic tightness
				  test" means a test designed to evaluate the tightness of a UST system component
				  that uses pressure of liquid.
63.
				  "Initial abatement action" means an action taken pursuant to the applicable
				  section of the Department's UST Regulations.
64. "Initial application for reimbursement"
				  means an application submitted by a claimant.
65. "Leak" means a loss from, or gain to, a
				  UST system of 0.05 gallon per hour or more of fluid as determined by a tank
				  tightness test or a line tightness test, or a 0.2 gallon per hour as determined
				  by automatic tank gauging, or loss or gain of fluid to a UST system as
				  determined by visual inspection, analytical analysis, an interstitial
				  monitoring system other continuous monitoring system, inventory control, or
				  other appropriate means.
66. "Line
				  leak detector" means a device installed on the discharge side of a remote pump
				  which is capable of interrupting or restricting product flow if there is a leak
				  greater than or equal to three gallons per hour at 10 pounds per square inch of
				  line pressure.
67. "Local Fire
				  Chief" means the person responsible for the administration and direction of a
				  fire department in a fire district or municipality, including a fire
				  administrator or chief, or that person's designee.
68. "Maintenance" means the normal
				  operational upkeep of an underground storage tank system necessary to prevent a
				  release of product.
69.
				  "Modification" means any addition removal, replacement, restoration,
				  refurbishment or renovation to an existing UST system or repair of any UST
				  system component which may contains product that is inconsistent with the
				  information provided to the Director in the Registration Application. Such
				  modifications include, but are not limited to:
a. Any alterations to the site
				  plan;
b. Any changes in design
				  and/or specifications to a UST system's corrosion protection
				  equipment;
c. Any changes in the
				  design and/or specifications to a UST system's leak detection or spill
				  prevention equipment, including groundwater monitoring wells;
d. The replacement or repair of any product
				  piping;
e. The installation, repair
				  or replacement of any underground storage tank.
70. "Monitoring well" means a cased well with
				  a screened interval that intercepts the water table during all seasonal
				  variations of groundwater levels and can be used to detect the presence of
				  groundwater contamination.
71.
				  "Motor fuels" means a complex blend of hydrocarbons typically used in the
				  operation of a motor engine, such as motor gasoline, aviation gasoline, No. 1
				  or No. 2 diesel fuel, or any blend containing one or more of these substances
				  (for example: motor gasoline blended with alcohol).
72. "New UST system" means a tank system that
				  will be used to contain an accumulation of regulated substances for which
				  installation has not yet commenced.
73. "Non-transient non-community water
				  system" means a public water system that regularly supplies water to at least
				  25 of the same people at least six months per year. Examples of this type of
				  water system include schools, factories, office buildings, and hospitals which
				  have their own water systems.
74.
				  "Observation well" means a well other than a monitoring well that is typically
				  located in a tank excavation or the collection sump of a secondary containment
				  system.
75. "Oil-water separator"
				  means a UST system used typically for storm water runoff applications and
				  intended for the separation of oil-water mixtures containing oils and
				  greases.
76. "On-site" means
				  located on the same or geographically contiguous property, which may be divided
				  by public or private right-of-way provided the entrance and exit between the
				  properties is at a cross-roads intersection and access is by crossing as
				  opposed to going along the right-of-way. Non-contiguous properties owned by the
				  same person but connected by a right-of-way which he controls and to which the
				  public does not have access, is also considered on-site property.
77. "Operate a facility" means to maintain
				  regulated substances or hazardous material(s) in underground storage tanks at a
				  facility for purposes of storage, use or sale, and to conduct operation and
				  maintenance for each tank as required in §
											1.10 of this
				  Part.
78. "Operator" means any
				  person in control of, or having responsibility for, the daily operation of the
				  UST system. An Operator designation is not equivalent to designation as a
				  "Class A Operator", "Class B Operator", or "Class C Operator", as defined in
				  §§
											1.5(A)(11), (12),
				  (13) of this Part solely by virtue of such
				  designation. An Operator may be designated as a Class A, B, or C Operator only
				  if that person has fulfilled the training and certification requirements of an
				  approved training program as set forth in §
											1.10(U) of
				  this Part. The designation of a Class A, B or C operator does not relieve the
				  Operator from the duties, responsibilities, or liabilities outlined in these
				  regulations.
79. "Overfill
				  prevention" means a device that will restrict or stop the flow of fuel during a
				  delivery or otherwise alert the transfer operator before the tank reaches full
				  capacity.
80. "Overflow tank" means
				  a tank used for temporary storage of substances in response to a leak, spill or
				  other unplanned occurrence. This tank must be emptied expeditiously following
				  use.
81. "Owner" means any person,
				  corporation, group, or other entity who holds exclusive or joint title to, or
				  lawful possession of, a facility or part of a facility.
82. "Owner/Operator" means any owner and/or
				  operator
83. "Person" means an
				  individual, trust, firm, joint stock company, corporation (including
				  quasi-government corporation), partnership, or other unincorporated
				  association, syndicate, governmental entity or subdivision thereof.
84. "Petroleum product" means crude oil or
				  any fractions thereof that is liquid at standard conditions of temperature
				  (60°F) and pressure (14.7 pounds per square inch absolute) and includes
				  substances derived from crude oil including, but not limited to the following:
a. Gasoline
b. Fuel Oils
c. Diesel Oils
d. Waste Oils
e. Gasohol, lubricants and solvents
85. "Pollutant" means any material or
				  effluent which may alter the chemical, physical, biological, or radiological
				  characteristics and/or integrity of water, soil, air or other environmental
				  media including, but not limited to, dredge spoils, solid waste, incinerator
				  residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological
				  materials, radioactive materials, heat, wrecked or discarded equipment, cellar
				  dirt or industrial, municipal, agricultural, or other waste, regulated
				  substances ,including but not limited to oil.
86. "Product deliverer" means any person who
				  delivers or deposits product into an underground storage tank. This term may
				  include major oil companies, jobbers, regulated substance transportation
				  companies, or other product delivery entities.
87. "Product pipeline" means any pipeline
				  that currently or previously connected to a UST or UST system which carries, or
				  carried, any regulated substance, including all regulated substances
88. "Property damage" means any physical
				  injury to real or personal property, which has been caused, directly or
				  proximately, by a release from a UST or UST System.
89. "Public water system" means a system for
				  the provision to the public of water for human consumption through pipes or
				  other constructed conveyances, if such system has at least 15 service
				  connections or regularly serves at least 25 individuals daily at least 60 days
				  out of the year.
90. "Red tag"
				  means a tag, device, or mechanism, approved by the Director and affixed to a
				  UST system's fill pipe that clearly identifies a UST system as ineligible for
				  product delivery. The tag or device must clearly state "It is unlawful to
				  deliver to, deposit into, or accept product into this UST system". The tag or
				  device must be of tamper resistant material in order that it cannot be removed
				  and reattached without obvious visual evidence. Also see "Delivery Prohibition"
				  §
											1.5(A)(29)
				   of this Part.
91. "Regulated substance" and "Regulated
				  Substances" means any substance defined in §§
											1.5(A)(57) 
				  and 1.5(A)(84)
				   of this part, as well as
				  42 U.S.C.
				  9601§
											101(14) of the
				  Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)
				  (but not including any substance regulated as a hazardous waste under subtitle
				  C). The term regulated substances also includes petroleum, including crude oil
				  or any fraction thereof that is liquid at standard conditions of temperature
				  and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute).
				  The term regulated substance includes but is not limited to petroleum and
				  petroleum-based substances comprised of a complex blend of hydrocarbons, such
				  as motor fuels, jet fuels, distillate fuel oils, residual fuel oils,
				  lubricants, petroleum solvents, and used oils.
92. "Reimbursement" means an assignment of
				  money made by the Department from the fund in payment of eligible costs,
				  subject to deductible limits and such other provisions of R.I. Gen. Laws
				  Chapter 46-12.9.
93. "Reimbursement
				  fee schedule" means the schedule of fees deemed reasonable and customary by the
				  Department for clean-up and related activities.
94. "Release" means any spilling, leaking,
				  pumping, pouring, injecting, emitting, escaping, leaching, discharging, or
				  disposing of any material stored in an underground storage tank system subject
				  to these regulations into groundwater, surface water, soil, air or any other
				  environmental media.
95.
				  "Remediation" means the act of implementing, operating and maintaining a remedy
				  or remedial action.
96.
				  "Remediation regulations" means the Rules and Regulations for the Investigation
				  and Remediation of Hazardous Material Releases, Subchapter 30 Part 1 of this
				  Chapter.
97. "Remedy" or "remedial
				  action" means those actions taken to rectify the effects of a release of
				  regulated substances, so that it does not cause a significant risk to present
				  or future public health or welfare, or the environment.
98. "Remote pumping system" or "submerged
				  pumping system" means a system in which one or more pumping units push a
				  regulated substance, via a pressurized piping system, to one or more points
				  away from the tank or tanks.
99.
				  "Remove from service" means to cease to operate a facility component.
100. "Repair" means to restore to proper
				  operating condition a tank, pipe, spill prevention equipment, overfill
				  prevention equipment, corrosion protection equipment, release detection
				  equipment or other UST system component that has caused a release of product
				  from the UST system or has failed to function properly.
101. "Replaced" means to remove a tank and
				  install another tank. For piping, it means to remove 50 percent or more of
				  piping and install other piping, excluding connectors, connected to a single
				  tank. For tanks with multiple piping runs, this definition applies
				  independently to each piping run.
102. "Residential tank" means a tank
				  containing heating oil of any grade serving a one, two or three residential
				  unit.
103. "Responsible party"
				  means any and all combinations of: owner of the property, UST, or UST
				  components, including, but not limited to, all individuals or organizations
				  identified by the City tax assessor or named on the deed or title for the
				  property; any individual, group, corporation, LLC, or other entity named on a
				  UST registration form; any person who otherwise caused or is legally
				  responsible for a release of regulated substances from a UST system; the
				  Operator responsible for day to day operations and oversight of the UST system,
				  the Class A, Class B, or Class A/B operator,
104. "Saturated thickness" means the
				  thickness of an aquifer below the water table.
105. "Secondary Containment" or "secondarily
				  contained" means a release prevention and release detection system for a tank
				  or piping. This system has an inner and outer barrier with an interstitial
				  space that is monitored for leaks. This term includes containment sumps when
				  used for interstitial monitoring of piping.
106. "Septic tank" means a watertight
				  receptacle which receives sewage, graywater, or other domestic waste from a
				  building sewer and is designed and constructed to permit the deposition of
				  settled solids, the digestion of the matter deposited, and the discharge of the
				  liquid portion into a leaching system.
107. "Single-walled tank" means any container
				  that has a single shell enclosing the contained material. Any tank which does
				  not provide a continuous 360° interstitial space between a primary and
				  secondary shell that can be continuously monitored shall be regulated as
				  single-walled.
108. "Site" means
				  any location within Rhode Island at which or from which there has been a
				  release of a regulated substance associated with an Underground Storage Tank or
				  Underground Storage Tank System or any location to which a regulated substance
				  has migrated.
109. "Site
				  investigation" means any action taken to determine the character, nature and
				  extent of a regulated substance release from a UST or UST System, pursuant to
				  these regulations.
110. "Spill"
				  means a loss of a regulated substance or hazardous material in a manner other
				  than a leak, occurring on the property where a facility is in operation, and
				  such that the product or material is likely to enter groundwater, surface
				  water, soil, air or any other environmental media and shall be considered a
				  release from a facility.
111.
				  "Spill containment basin" means a device installed in fill pipe manholes that
				  prevents regulated substance spills from leaching into the soil and
				  groundwater.
112. "Submerged fill
				  tube" or "drop tube" means any fill pipe or tube which fits directly into the
				  underground tank riser pipe and allows submerged filling. This pipe or tube
				  should be located six (6) inches above the bottom of the tank and cut at a
				  45º angle.
113. "Substantial
				  construction" means that a continuous on-site physical construction program has
				  progressed to a point where 25% or more of the total project is completed or
				  where 25% or more of the total cost of the project has been expended for
				  materials which are at the site.
114. "Suction pumping system" means a system
				  in which a pump at a dispensing island reduces pressure in the product line to
				  the underground storage tank to less than atmospheric pressure, causing product
				  from the tank to be pulled to the island via the product suction
				  line.
115. "Surface water" means a
				  body of water whose top surface is exposed to the atmosphere and includes all
				  waters of the territorial sea, tidewaters, all inland waters of any river,
				  stream, brook, pond, lake or wetlands.
116. "Tank" means a stationary device
				  designed to contain a regulated substance which is constructed of non-earthen
				  materials that provide structural support and which is an underground storage
				  tank.
117. "Tank pad monitoring
				  well" or "tank field monitoring well" means a subsurface monitoring well that
				  is located within the tank pad or immediate vicinity of the tank field and
				  reaches a depth of at least one foot below the lowest point of the UST
				  system.
118. "Temporary closure"
				  means to temporarily halt use of an underground storage tank or tank system due
				  to change in owner or operator, facility or tank system repair, modification,
				  upgrade, or seasonal closure. Temporary closures must be approved by DEM 30
				  days in advance of closure, is limited to 12 months, and is not intended to be
				  used as an alternative to removing the tanks.
119. "Third-party claim" means any claim for
				  monetary damages for bodily injury or damage to property brought against a
				  responsible party in a court of competent jurisdiction, which claim has
				  resulted in a final judgment, order or court-approved settlement that
				  explicitly establishes that: the third-party claimant sustained bodily injury,
				  damage to property, or damage to natural resources; the bodily injury, damage
				  to property, or damage to natural resources sustained by the third-party
				  claimant was the direct or proximate result of a release; and that the
				  responsible party is liable for the release.
120. "Tightness test" means a test able to
				  determine whether an underground storage tank, line or system is liquid-tight
				  as defined in "Recommended Practice for Handling Underground Releases of
				  Flammable and Combustible Liquids and Gases", incorporated above at §
											1.3(Y) of
				  this Part. The test shall be capable of accurately detecting a tank or a tank
				  and line leak of 0.1 gallons per hour, adjusted for all variables, with a
				  probability of detection of no less than 95 percent and a probability of false
				  detection of no more than five percent. Measurements recorded for each test
				  shall be in accordance with manufacturer's protocol. The test method must be
				  approved by the Director prior to use, and must be conducted by persons
				  licensed by DEM to perform the tests in accordance with §
											1.16 of this
				  Part.
121. "Till" means the
				  predominantly unsorted, unstratified sediments deposited directly by a
				  glacier.
122. "Transient
				  non-community water system" means a public water system that provides water at
				  locations where people do not remain for long periods of time such as a gas
				  station, campground, movie theatre, or similar establishments.
123. "Transmissivity" means a measure of the
				  ability of an aquifer to transmit a fluid. It is equal to the average hydraulic
				  conductivity multiplied by the saturated thickness.
124. "Under-dispenser containment" or "UDC"
				  means containment underneath a dispenser system designed to prevent leaks from
				  the dispenser and piping within or above the UDC from reaching soil or
				  groundwater.
125. "Underground"
				  means 10 percent or more of the volume of the facility components (storage
				  tanks and piping) is buried in the ground.
126. "UST" or "Underground Storage Tank (UST)
				  System" means any one or more underground tanks, and their associated
				  components, including piping, used to contain, transport, or store regulated
				  substances whose volume is 10 percent or more beneath the surface of the
				  ground.
127. "Vault" means a
				  structure such as a basement or cellar which: houses an underground storage
				  tank; is designed to contain any leaks from the tank and provide protection
				  from corrosive soils; is not part of a secondary enclosure; and is designed
				  such that the tank is situated upon or above the surface of a concrete floor
				  and allows for physical access to an inspection of the storage tank and inside
				  the vault.
128. "Vent whistle"
				  means a device installed in the vent pipe of a UST designed to whistle when the
				  tank is being filled but goes silent when the tank is full.
129. "Waste oil" means used or spent oil of
				  any kind, including but not limited to those oils from automotive, industrial,
				  aviation and other sources.
130.
				  "Wear plate" means a thick deflection plate or striker plate measuring at least
				  nine inches wide and an area of at least one foot square which is located on
				  the bottom of the UST under each tank opening.
131. "Wellhead protection area" means the
				  three-dimensional zone, surrounding a public well or wellfield through which
				  water will move toward and reach such well or wellfield, as designated by the
				  Director pursuant to R.I. Gen. Laws Chapter 46-13.1.