003.24. "“Installation permit"” shall mean that permit required for the installation of any tank. Permit applications are obtained from and filed with the State Fire Marshal. 003.25. "“Leak detector"” mean a device which, when installed on a pressure system, will indicate the liquid tightness of the piping and dispenser and restrict flow to a maximum of (3) gallons per minute. 003.26. "“Maintenance"” means the normal operational upkeep to prevent an underground storage tank system from releasing product. 003.27. "“Monitoring well"” include observation well, vapor well, lysimeter, soil gas monitor and any device used to monitor vapor or product leakage. 003.28. "“NACE"” shall mean NACE International, 1440 South Creek Drive Houston TX 77084-4906, (281) 228-6223. 003.29. "“New tank system"” means a tank system that will be used to contain an accumulation of regulated substances and for which installation has commenced after January 1, 1989. (See also "Existing Tank System.") 003.30. "“Operating permit"” shall mean that permit required to maintain or use any tank for the storage of regulated substances. Initial operating permits are obtained from the State Fire Marshal. 003.31. "“Operational life"” refers to the period beginning when installation of the tank system has commenced until the time the tank system is properly closed under Chapter 10. 003.32. "“Operator"” shall mean any person in control of, or having responsibility for, the daily operation of a tank but shall not include a person described in 003.034C 003.038C below. 003.33. "“Overfill release"” is a release that occurs when a tank is filled beyond its capacity, resulting in a discharge of the regulated substance to the environment. 003.34. "“Owner"” shall mean: 003.34A. In the case of a tank in use on July 17, 1986, or brought into use after such date, any person who owns a tank used for the storage or dispensing of regulated substances.
Chapter 9 – FINANCIAL RESPONSIBILITY APPLICABILITY The financial responsibility provisions apply to owners and operators of all petroleum UST systems except those exempted in §003 of this Chapter. OPERATING UST SYSTEMS Owners and operators of petroleum UST systems are subject to the requirements of this chapter if they are in operation on or the effective date of these regulations. EXCLUSIONS Financial responsibility requirements shall not apply to the following groups of tank owners and operators: State and federal government entities whose debts and liabilities are the debts and liabilities of a state or the United States. Owners and operators of tanks excluded or deferred in §002 of Chapter 1 of this Title. LIABILITY OF PARTIES If the owner and operator of a petroleum UST are separate persons, only one person is required to demonstrate financial responsibility; however, both parties are liable in the event of noncompliance. DEFINITIONS "“Accidental release"” any sudden or non-sudden release of petroleum from an underground storage tank that results in a need for corrective action and/or compensation for bodily injury or property damage neither expected nor intended by the tank owner or operator. "“Bodily injury"” have the meaning given to this term by applicable state law; however, this term shall not include those liabilities which, consistent with standard insurance industry practices, are excluded from coverage in liability insurance policies for bodily injury. "“Chief Financial officer,"” in the case of local government owners and operators, means the individual with the overall authority and responsibility for the collection, disbursement and use of funds by the local government.