Ala. Admin. Code r. 335-6-15-.02 - Definitions
The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:
(a) "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
UST system and aboveground releases associated with overfills and transfer
operations as the regulated substance moves to or from an UST system.
(b) "ADEM" means the Alabama Department of
Environmental Management.
(c)
"Airport hydrant fuel distribution system" means an UST system which fuels
aircraft and operates under high pressure with large diameter underground
piping that typically terminates into one or more hydrants (fill stands). The
airport hydrant fuel distribution 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.
(d) "Ancillary
equipment" means any devices including, but not limited to, such devices as
underground piping, fittings, flanges, valves, and pumps used to distribute,
meter, or control the flow of regulated substances to and from an
UST.
(e) "Belowground release"
means any release to the subsurface of the land, including releases to
groundwater. 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.
(f) "Beneath the surface of the ground" means
beneath the ground surface or otherwise covered with earthen
materials.
(g) "Cathodic
protection" is a technique to prevent corrosion of a metal surface by making
that surface the cathode of an electrochemical cell. For example, an
underground storage tank system can be cathodically protected through the
application of either galvanic anodes or impressed current.
(h) "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 underground storage 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 underground storage tank systems. Such persons must
also be certified, and then recertified every 3 years, as successfully
completing in-class and field training from a corrosion expert. Certification
may no longer be recognized by the Department and/or the certifying
organization if a certified individual is not recertified within 90 days or
another time period approved by the Department after expiration of their
certification, there is evidence of fraud, or the tester is determined by the
Department to not be capable of properly performing cathodic protection
testing. At a minimum, certification training shall encompass all of the
following and recertification training shall include the training outlined in
subparagraphs (h)3. through 5. of this rule, or be in accordance with NACE
International certification and recertification requirements:
1. Basics of corrosion which include the
following discussions:
(i) What corrosion
is;
(ii) Significance and costs of
corrosion;
(iii) Conditions for
corrosion to occur;
(iv)
Electrochemical aspects of corrosion;
(v) Environmental effects on UST systems such
as oxygen, temperature, corrosivity of the environment, concentration of
corrosive element, and galvanic coupling;
(vi) Types of corrosion;
(vii) Galvanic series and Electromotive Force
series; and
(viii) Corrosion
properties of different metals and nonmetals.
2. Underground corrosion discussion which
includes the following:
(i) Chemical and
physical properties of soils;
(ii)
Factors affecting underground corrosion such as:
(I) Soil particle size and composition;
and
(II) Electrolyte moisture
content, resistivity, and acidity/alkalinity;
(iii) Factors in underground corrosion of
ferrous metals such as burial depth, area effects, and time buried;
and
(iv) Behavior of coatings in
soils.
3. Corrosion
prevention discussion which includes the following:
(i) Impressed current cathodic protection
system mechanism, economics, continuity and structure-to-soil testing, anode
selection, life of anode, anode environment, design and installation of
anodes;
(ii) Sacrificial anode
(galvanic) cathodic protection system mechanism, economics, continuity and
structure-to-soil testing, anode selection, life of anode, anode environment,
design and installation of anodes;
(iii) Sources of power for cathodic
protection;
(iv) When to use an
impressed current cathodic protection system versus a sacrificial anode
cathodic protection system;
(v)
Misconceptions about cathodic protection;
(vi) Purpose of cathodic protection
monitoring and testing, criterion used for monitoring steel, and criterion for
monitoring other metals;
(vii)
Reference cell purpose, practical test locations, test stations, and
maintenance;
(viii) Stray current
sources, detection, testing, and prevention;
(ix) Use of coatings in underground
applications to prevent corrosion; and
(x) UST internal corrosion problems and
prevention.
4. Discussion
of regulatory requirements for corrosion protection as follows:
(i) Federal and state of Alabama corrosion
protection requirements;
(ii)
Qualifications required to perform corrosion protection work as a corrosion
expert and cathodic protection tester;
(iii) Integrity assessment prior to addition
of cathodic protection such as internal inspection and acceptable
alternatives;
(iv) Corrosion
protection upgrading options; and
(v) Monitoring and recordkeeping
requirements.
5.
Discussion of standards and recommended practices such as NACE International,
American Petroleum Institute, Petroleum Equipment Institute, National Fire
Prevention Association, American Society for Testing and Materials, and Steel
Tank Institute.
6. Hands-on field
inspection and testing session featuring galvanic versus impressed current
systems, reference electrodes, rectifiers, instrumentation, test stations,
structure-to-soil and continuity testing, what to look for to determine
compliance with cathodic requirements, cathodic protection system problems, and
what to do if cathodic protection system does not meet minimum
criteria.
(i) "CERCLA"
means the Comprehensive Environmental Response, Compensation, and Liability Act
of 1980, as amended.
(j)
"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 underground storage tank system under conditions likely
to be encountered in the UST.
(k)
"Connected piping" means all underground piping including valves, elbows,
joints, flanges and flexible connectors attached to an underground storage tank
system through which regulated substances flow. For the purpose of determining
how much underground piping is connected to any individual UST system, the
underground piping that joins two UST systems should be allocated equally
between them.
(l) "Consumptive use"
with respect to heating oil means consumed on the premises.
(m) "Containment sump" means a liquid-tight
container that protects the environment by containing leaks and spills of
regulated substances from underground 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 UST (UST top or submersible
turbine pump sump), underneath the dispenser (under-dispenser containment
sump), or at other points in the underground piping run (transition or
intermediate sump).
(n)
"Contaminant" means a regulated substance which has been released into the
environment.
(o) "Continuous
interstitial monitoring" means performing interstitial monitoring on an
uninterrupted basis.
(p)
"Corrective action limits (CAL)" means those contaminant concentrations which
must be achieved in order for corrective action to be deemed complete by the
Department.
(q) "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 metal piping systems and
metal underground storage tanks. Such a person must be accredited or certified
as being qualified by NACE International 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 underground storage tanks. Such person is qualified to test cathodic
protection systems without becoming certified and recertified as defined in
subparagraph (h) of this rule.
(r)
"Critical junctures" means the steps taken to install, close, and repair UST
systems which, if done improperly, could result in the greatest risk of a
release.
(s) "Department" means the
Alabama Department of Environmental Management.
(t) "Dielectric material" means a material
that does not conduct direct electrical current. Dielectric coatings are used
to electrically isolate UST systems from the surrounding soils. Dielectric
bushings are used to electrically isolate portions of the UST system (e.g.,
underground storage tank from underground piping).
(u) "Director" means the Director of the
Alabama Department of Environmental Management.
(v) "Dispenser" means equipment located
aboveground that dispenses regulated substances from the UST system.
(w) "Dispenser system" means the dispenser as
defined in paragraph (v) of this rule and the equipment necessary to connect
the dispenser to the underground storage tank system.
(x) "Electrical equipment" means underground
equipment that contains dielectric fluid that is necessary for the operation of
equipment such as transformers and buried electrical cable.
(y) "Excavation zone" means the volume
containing the underground storage tank system and backfill material bounded by
the ground surface, walls, and floor of the pit and trenches into which the UST
system is placed at the time of installation.
(z) "Existing tank system" means an
underground storage tank system used to contain an accumulation of regulated
substances or for which installation has commenced before April 5, 1989.
Installation is considered to have commenced if:
1. The owner or operator has obtained all
federal, state of Alabama, and local approvals or permits necessary to begin
physical construction of the site or installation of the underground storage
tank system; and if,
2. Either a
continuous on-site physical construction or installation program has begun;
or,
3. The owner or operator has
entered into contractual obligations--which cannot be cancelled or modified
without substantial loss--for physical construction at the site or installation
of the underground storage tank system to be completed within a reasonable
time.
(aa) "Farm tank" is
an underground storage tank located on a tract of land devoted to the
production of crops or raising animals, including fish, and associated
residences and improvements. A farm tank must be located on the farm property.
"Farm" includes fish hatcheries, rangeland and nurseries with growing
operations.
(bb) "Field-constructed
tank" means a tank constructed in the field. For example, a tank constructed of
concrete that is poured in the field, or a steel or fiberglass tank primarily
fabricated in the field is considered field-constructed.
(cc) "Flow-through process tank" is an
underground storage tank that forms 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 underground
storage tanks do not include underground storage 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 the production
process.
(dd) "Free product" refers
to a regulated substance that is present as a non-aqueous phase liquid (e.g.,
liquid not dissolved in water).
(ee) "Gathering lines" means any pipeline,
equipment, facility, or building used in the transportation of oil or gas
during oil or gas production or gathering operations.
(ff) "Groundwater" means water below the land
surface in a zone of saturation.
(gg) "Hazard quotient" means a ratio of the
level of exposure of a chemical over a specified time period to a "reference
dose", as defined in subparagraph (jjj) of this rule, for that chemical of
concern derived for a similar exposure period.
(hh) "Hazardous substance" means a hazardous
substance defined in section 101(14) of the Comprehensive Environmental
Response, Compensation and Liability Act of 1980 (but not including any
substance regulated as a hazardous waste under Division 14 of the ADEM
Administrative Code) or any mixture of such substances and petroleum, and which
is not a petroleum UST system.
(ii)
"Hazardous substance UST system" means an underground storage tank system that
contains any substance defined as a hazardous substance in subparagraph (hh) of
this rule.
(jj) "Health Advisory
Level" or "(HAL)-A" means a level established by the United States
Environmental Protection Agency which provides the level of a contaminant in
drinking water at which adverse non-carcinogenic health effects would not be
anticipated with a margin of safety.
(kk) "Heating oil" means petroleum that is
No. 1, No. 2, No. 4--light, No. 4--heavy, No. 5--light, No. 5--heavy, and No. 6
technical grades of fuel oil; other residual fuel oils (including Navy Special
Fuel Oil and Bunker C); and other fuels when used as substitutes for one of
these fuel oils. Heating oil is typically used in the operation of heating
equipment, boilers, or furnaces.
(ll) "Hydraulic lift tank" means an
underground storage tank holding hydraulic fluid for a closed-loop mechanical
system that used compressed air or hydraulic fluid to operate lifts, elevators,
and other similar devices.
(mm)
"Incremental Excess Lifetime Cancer Risk" or "IELCR" means the increase over
background in an individual's probability of getting cancer over a lifetime due
to exposure to a hazardous substances.
(nn) "Interstitial monitoring" is a method of
routinely checking at regular intervals for leaks into the space between the
primary wall of an UST or underground piping and an outer secondary
barrier.
(oo) "Liquid trap" means
sumps, well cellars, and other traps used in association with oil and gas
production, gathering, and extraction operations (including gas production
plants), for the purpose of collecting oil, water, and other liquids. These
liquid traps may temporarily collect liquids for subsequent disposition or
reinjection into a production or pipeline stream, or may collect and separate
liquids from a gas stream.
(pp)
"Maintenance" means the normal operational upkeep to prevent an underground
storage tank system from releasing product.
(qq) Maximum Contaminant Level" or "MCL"
means a level established by the United States Environmental Protection Agency
which is the maximum permissible level of a contaminant in drinking water that
is delivered to any user of a public water system.
(rr) "Motor fuel" means a complex blend of
hydrocarbons typically used for combustion in the operation of a motor or
engine such as motor gasoline, aviation gasoline, No. 1 or No. 2 diesel fuel,
biodiesel, or any blend containing one or more of these substances (for
example: motor gasoline blended with alcohol).
(ss) "New dispenser system" is either a newly
manufactured or operational dispenser and the equipment necessary to connect
the dispenser to the underground storage tank system, which includes check
valves, shear valves, unburied risers, flex connectors, or other transitional
components which connect the dispenser to the underground piping, which is
installed for the first time or at a new location on August 6, 2007 and
thereafter.
(tt) "New UST system"
means an underground storage tank system that will be used to contain an
accumulation of regulated substances and for which installation has commenced
on or after April 5, 1989. See also "Existing tank system" in subparagraph (z)
of this rule.
(uu) "Noncommercial
purposes" with respect to motor fuel means not for resale.
(vv) "On the premises where stored" with
respect to heating oil means UST systems located on the same property where the
stored heating oil is used.
(ww)
"Operational life" refers to the period beginning when installation of the
underground storage tank system has commenced until the time the underground
storage tank system is properly closed under rules
335-6-15-.34
through
335-6-15-.37.
(xx) "Operator" means any person in control
of, or having responsibility for, the daily operation of the UST
system.
(yy) "Operator, Class A"
means any person who is, or is employed by, the underground storage tank owner,
underground storage tank facility owner, or lessee, who has primary
responsibility to operate and maintain underground storage tank systems. The
Class A operator's responsibilities include managing resources and personnel,
such as establishing work assignments to achieve and maintain compliance with
Department underground storage tank regulatory requirements. In general, this
person focuses on the broader aspects of the regulations and standards
necessary to operate and maintain underground storage tank systems in
accordance with this chapter. For example, this person typically ensures that
responsible person(s):
1. Are trained to
operate and maintain underground storage tank systems and keep records in
accordance with the requirements in this chapter;
2. Operate and maintain underground storage
tank systems in accordance with the requirements in this chapter;
3. Maintain records in accordance with the
requirements of this chapter;
4.
Respond to emergencies caused by releases or spills from underground storage
tank systems in accordance with the requirements of this chapter; and
5. Make financial responsibility documents
available to the Department as required by rules
335-6-15-.13
and
335-6-15-.43.
(zz) "Operator, Class B" means any person who
is, or is employed by, the underground storage tank owner, underground storage
tank facility owner, or lessee, who implements underground storage tank
regulatory requirements and standards in the field in accordance with this
chapter. This person implements day-to-day aspects of operating, maintaining,
and recordkeeping for underground storage tank systems at one or more
facilities. For example, this person typically monitors, maintains, and
ensures:
1. Compliance with release detection,
recordkeeping, and reporting requirements;
2. Compliance with release prevention,
recordkeeping, and reporting requirements;
3. Compliance with performance standards for
all relevant equipment; and
4.
Training of responsible persons to respond to emergencies caused by releases or
spills in accordance with the requirements of this chapter.
(aaa) "Operator, Class C" means
any person who is, or is employed by, the underground storage tank owner,
underground storage tank facility owner, or lessee, who is generally the first
line of response to events indicating emergency conditions. This person is
responsible for responding to alarms or other indications of emergencies caused
by spills or releases from underground storage tank systems, and for notifying
the Class B or Class A operator and appropriate emergency responders when
necessary. Not all employees of the facility are necessarily Class C operators.
This person typically:
1. Controls or monitors
the dispensing or sale of regulated substances; or
2. Is responsible for initial response to
alarms or releases.
(bbb)
"Overfill release" is a release that occurs when an underground storage tank is
filled beyond its capacity, resulting in a discharge of the regulated substance
to the environment.
(ccc) "Owner"
means: in the case of an UST system in use on November 8, 1984, or brought into
use after that date, any person who owns an UST system used for storage, use,
or dispensing of regulated substances; and in the case of any UST system in use
before November 8, 1984, but no longer in use on that date, the present owner
of the underground storage tank and any person who owned such underground
storage tank immediately before the discontinuation of its use.
(ddd) "Person" means an individual, trust,
firm, joint stock company, federal agency, corporation, state, municipality,
commission, political subdivision of a state, or any interstate body. "Person"
also includes a consortium, a joint venture, a commercial entity, and the
United States Government.
(eee)
"Petroleum" means 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), petroleum-based substances comprised of a complex
blend of hydrocarbons or a mixture of petroleum with de minimis concentrations
of other regulated substances such as motor fuels, jet fuels, distillate fuel
oils, residual fuel oils, lubricants, petroleum solvents, and used
oils.
(fff) "Petroleum UST system"
means an underground storage tank system that contains "petroleum" as defined
in subparagraph (eee) of this rule.
(ggg) "Pipe" or "Piping" means a hollow
cylinder or tubular conduit that is constructed of non-earthen materials that
routinely contains and conveys regulated substances from the underground
storage tank(s) to the dispenser(s) or other end-use equipment. Such "pipe" or
"piping" includes any elbows, couplings, unions, valves, or other in-line
fixtures that contain and convey regulated substances from the underground
storage tank(s) to the dispenser(s). This definition excludes vent, vapor
recovery, or fill lines that do not routinely contain regulated
substances.
(hhh) "Pipeline
facilities (including gathering lines)" are new and existing pipe rights-of-way
and any associated equipment, facilities, or buildings.
(iii) "Red tag" means a tamper resistant
device or mechanism which can be placed on an underground storage tank's fill
pipe that clearly identifies the underground storage tank as being prohibited
from accepting regulated substance delivery. The device or mechanism is easily
visible to the regulated substance deliverer and clearly conveys that it is
unlawful to deliver to, or accept product into the underground storage
tank.
(jjj) "Reference dose" means
an estimate of a daily exposure to the general human population that is likely
to be without an appreciable risk of deleterious effects during a lifetime of
exposure.
(kkk) "Regulated
substance" means any substance defined as a hazardous substance in subparagraph
(hh) of this rule or any substance defined as petroleum in subparagraph (eee)
of this rule.
(lll) "Regulated
substance deliverer" means any person who delivers a regulated substance to an
underground storage tank.
(mmm)
"Release" means any spilling, leaking, emitting, discharging, escaping,
leaching or disposing from an UST into groundwater, surface water or subsurface
soils.
(nnn) "Release detection"
means determining whether a release of a regulated substance has occurred from
the UST system into the environment or a leak has occurred into the
interstitial space between the UST system and its secondary barrier or
secondary containment around it.
(ooo) "Repair" means to restore to proper
operating condition an underground storage tank, underground pipe, spill
prevention equipment, overfill prevention equipment, corrosion protection
equipment, release detection equipment, or other UST system component that has
caused or could cause a release of product from the UST system or has failed to
function properly, that is not "routine maintenance" as defined in subparagraph
(qqq) of this rule.
(ppp)
"Residential tank" is an underground storage tank located on property used
primarily for dwelling purposes.
(qqq) "Routine maintenance" means an activity
designed to maintain an UST system that is completed without breaking concrete,
asphalt, or other paved surface and/or ground, and that is not a "repair" as
defined in subparagraph (ooo) of this rule, installation, or closure. This
includes work on or replacing spill catchment basins, automatic line leak
detectors, automatic tank gauge probes, suction or submersible pumps, overfill
prevention devices, drop tubes, check valves, underground storage tank fill
adaptors, caps, lids, and manhole covers, fuses, dispenser components above
shear valve, all without breaking concrete, asphalt or other paved surface,
and/or ground.
(rrr) "SARA" means
the Superfund Amendments and Reauthorization Act of 1986.
(sss) "Secondary containment" or "Secondarily
contained" means a release prevention and release detection system for an
underground storage tank or underground 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 underground
piping.
(ttt) "Septic tank" is a
water-tight covered underground receptacle designed to receive or process,
through liquid separation or biological digestion, the sewage discharged from a
building sewer. The effluent from such receptacle is distributed for disposal
through the soil and settled solids and scum from the underground tank are
pumped out periodically and hauled to a treatment facility.
(uuu) "Significant noncompliance
requiring delivery prohibition" means a failure of an
owner or operator to comply with any of the following requirements of this
chapter that will result in the Department prohibiting
delivery of regulated substances to an underground storage tank facility, after
being given notice: installation of spill prevention, overfill prevention, leak
detection, or corrosion protection equipment on an underground storage tank
system as required by rules
335-6-15-.03,
335-6-15-.04,
335-6-15-.06,
335-6-15-.07,
335-6-15-.09
through
335-6-15-.12, and
335-6-15-.14
through
335-6-15-.18.
(vvv) "Significant noncompliance
subject to delivery prohibition" means a failure of an
owner or operator to comply with any of the following requirements of this
chapter that may result in the Department prohibiting
delivery of regulated substances to an underground storage tank facility, after
being given notice and appropriate time by the Department to comply:
1. Notification requirements for an
underground storage tank system with the Department in accordance with rule
335-6-15-.05;
2. Operation and/or maintenance of spill
prevention, overfill prevention, leak detection, or corrosion protection
equipment on an underground storage tank system as required by rules
335-6-15-.03,
335-6-15-.04,
335-6-15-.06,
335-6-15-.07,
335-6-15-.09,
335-6-15-.10,
and
335-6-15-.14
through
335-6-15-.18;
3. Installation, operation and/or maintenance
of under dispenser containment or submersible pump containment on an
underground storage tank system as required by rules
335-6-15-.03,
335-6-15-.06,
and
335-6-15-.09;
4. Compatibility, and repair requirements on
an underground storage tank system as required by rules
335-6-15-.11 and
335-6-15-.12;
5. Submittal of documentation or reports
relating to spill prevention, overfill prevention, leak detection, corrosion
protection, under dispenser containment, submersible pump containment,
compatibility and repairs for an underground storage tank system within the
time frame required by this chapter or within a reasonable time frame upon
request by the Department;
6.
Payment of the yearly underground storage tank regulation fee in accordance
with rule
335-6-15-.42;
7. Taking appropriate action in response to a
release or suspected release of product as outlined by rules
335-6-15-.20
through
335-6-15-.25;
or
8. Investigation, and/or clean
up a release from an underground storage tank system in a timely manner, in
accordance with rules
335-6-15-.26
through
335-6-15-.30
and
335-6-15-.35.
9. Training of operators of UST systems in
accordance with rule
335-6-15-.46.
10. Use of an individual or individuals
certified by a Department approved certifying organization to exercise
supervisory control over installation, closure, and repair of UST systems in
accordance with rule
335-6-15-.47.
(www) "Storm-water or wastewater collection
system" means piping, pumps, conduits, and any other equipment necessary to
collect and transport the flow of surface water run-off resulting from
precipitation, or domestic, commercial, or industrial wastewater to and from
retention areas or any areas where treatment is designated to occur. The
collection of storm water and wastewater does not include treatment except
where incidental to conveyance.
(xxx) "Surface impoundment" is a natural
topographic depression, man-made excavation, or diked area formed primarily of
earthen materials (although it may be lined with man-made materials) that is
not an injection well.
(yyy) "Tank"
is a stationary device designed to contain an accumulation of regulated
substances and constructed of non-earthen materials (e.g., concrete, steel,
plastic) that provide structural support.
(zzz) "Training program" means any program
that provides information to and evaluates the knowledge of a Class A, Class B,
or Class C operator through testing, practical demonstration, or another
approach acceptable to the Department regarding requirements for UST systems
that meet the requirements of rule
335-6-15-.46.
(aaaa) "Under dispenser containment" means
containment underneath a dispenser system designed to prevent leaks from the
dispenser and underground piping within or above the under dispenser
containment from reaching soil or groundwater.
(bbbb) "Underground area" means an
underground room, such as a basement, cellar, shaft or vault, providing enough
space for physical inspection of the exterior of the tank situated on or above
the surface of the floor.
(cccc)
"Underground release" means any belowground release.
(dddd) "Underground storage tank" or "UST"
means any one or combination of tanks (including underground pipes connected
thereto) that is used to contain an accumulation of regulated substances, and
the volume of which (including the volume of underground pipes connected
thereto) is 10 percent or more beneath the surface of the ground. This term
does not include any:
1. Farm or residential
tank of 1,100 gallons or less capacity used for storing motor fuel for
noncommercial purposes;
2. Tank
used for storing heating oil for consumptive use on the premises where
stored;
3. Septic tank;
4. Pipeline facility (including gathering
lines):
(i) Which is regulated under chapter
601 of Title 49, or
(ii) Which is
an intrastate pipeline facility regulated under state laws as provided in
chapter 601 of Title 49, and which is determined by the Secretary of
Transportation to be connected to a pipeline, or to be operated or intended to
be capable of operating at pipeline pressure or as an integral part of a
pipeline, or
(iii) State of Alabama
laws comparable to the provisions of law in subparagraph (dddd)4.(i) or (ii)
above;
5. Surface
impoundment, pit, pond, or lagoon;
6. Storm-water or wastewater collection
system;
7. Flow-through process
tank;
8. Liquid trap or associated
gathering lines directly related to oil or gas production and gathering
operations; or
9. Storage tank
situated in an underground area (such as a basement cellar, mine working,
drift, shaft, or tunnel) if the storage tank is situated upon or above the
surface of the floor.
10. Other
tanks exempted by the administrator of the United States Environmental
Protection Agency; and
11. Piping
connected to any of the above exemptions.
(eeee) "Underground storage tank facility" is
a single site or location containing one or more underground storage tank
systems.
(ffff) "Upgrade" means the
addition or retrofit of some systems such as cathodic protection, lining, or
spill and overfill controls to improve the ability of an underground storage
tank system to prevent the release of product.
(gggg) "UST system" or "Underground Storage
Tank system" means an underground storage tank, connected to and including
underground piping, underground ancillary equipment, and containment system, if
any, as well as underground vent, vapor recovery, or fill lines.
(hhhh) "Wastewater treatment tank" means an
underground tank that is designated to receive and treat an influent wastewater
through physical, chemical, or biological methods.
(iiii) "Waters" means all waters of any
river, stream, watercourse, pond, lake, coastal, ground or surface water,
wholly or partially within the state of Alabama, natural or artificial. This
does not include waters which are entirely confined and retained completely
upon the property of a single individual, partnership or corporation unless
such waters are used in interstate commerce.
Notes
Authors: Sonja Massey, Curt Johnson, Lee Davis, Vernon H. Crockett
Statutory Authority: Code of Ala. 1975, ยงยง 22-36-2, 22-36-3.
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