11 Miss. Code. R. 5-3.3 - Definitions

All the definitions found in Mississippi Underground Storage Tank Regulations, Section 49-17-403, are incorporated in these regulations. The following definitions also apply to these regulations:

A. "Alter" or "Alteration" means the correction or modification of a UST system, including but not limited to the replacement and repair of piping, valves, tank risers, vents, and any repairs to the tank.

B. "Certified Installation Contractor" means a person who has been certified by the Department to install, alter, and test UST systems.

C. "Certified Removal Contractor" or "Certified Permanent Closure Contractor" means a person who has been certified by the Department to permanently close UST systems.

D. "Certified UST Technician" means a person who has been certified by the Department to perform testing and non-invasive repairs to UST systems.

E. "Certified Cathodic Protection Tester" means a person who has been certified by the Department to have successfully completed a Department approved 3 ^rd party examination to test Cathodic Protection on a UST system.

F. "Critical Junctures," means the steps taken to install, alter, permanently close, or test a UST system which cause the greatest risk of release.

(1) In the case of installation, critical junctures shall at a minimum, include:

(a) preparation of the excavation immediately prior to receiving backfill, tank(s) and piping;

(b) setting of the tank(s) and piping, including placement of any tank anchoring devices, backfilling, and strapping;

(c) any time the components of the piping below ground are disconnected or are being disconnected or connected;

(d) all pressure testing of the UST system performed during the installation;

(e) completion of backfill and filling of the excavation.

(2) In the case of alteration, critical juncture, shall, at a minimum, include:

(a) all steps listed in F(1) above;

(b) excavation of existing tank(s), piping, secondary containment sumps, tank risers, spill buckets, or vents;

(c) actual performance of the alteration to the tank(s), piping below ground, tank risers, or vents; and

(d) any time the components of the UST system below ground are disconnected or are being disconnected, connected, repaired, or replaced excluding repairs classified as non-invasive.

(3) In the case of a permanent closure, critical juncture, shall, at a minimum, include:

(a) any removal and excavation of cover material and surrounding soil;

(b) removal of the tank(s) and/or piping in the case of physical removal;

(c) filling of the tank(s) and/or piping with an inert material;

(d) purging or inerting the tank; and

(e) sampling.

(4) In the case of testing, critical juncture, shall, at a minimum, include:

(a) testing of the UST system; and

(b) any non-invasive repair required to test a UST system component or to non-invasively repair a component that failed during testing.

G. "Department" means the Mississippi Department of Environmental Quality.

H. "Employee" means any individual who installs, alters, permanently closes, or tests UST systems for their employer.

I. "Install" or "Installation" means the work involved in placing an underground storage tank system or any part thereof in the ground and preparing it to be placed in service.

J. "Non-Invasive repair" means any repair that does not require a critical juncture equivalent to classification as an "Installation" or "Alteration". A non-invasive repair shall include removal or installation of: dispensers, line leak detectors, over fill devices, probes, sensors, or other UST components approved by the Department. A non-invasive repair shall include repair to existing: sump penetration fittings, anchoring of shear (impact) valves, spill buckets, or other UST components approved by the Department as a non-invasive repair. It shall not include removal or installation of submersible turbine pumps (STPs), shear (impact) valves, or any repair that requires excavation or drilling.

K. "Permanent closure" means the physical removal of an underground storage tank system or the closure of an underground storage tank system in place whereas the underground storage tank system is made in-operable.

L. "Remove or Removal" means permanent closure.

M. "Sampling" means taking samples during the temporary or permanent closure process according to sampling procedures found in guidelines established by the Department.

N. "Test" or "Testing" means any activity following manufactures specifications, Department guidelines, or a Department approved industry standard to confirm adequate functionality of a UST component. Some testing may require activity classified as a non-invasive repair.

O. "Underground Storage Tank" or "Underground Storage Tank System" shall have the same meaning as defined in Section 49-17-403(s) of the Mississippi Code Annotated of 1972.

Notes

11 Miss. Code. R. 5-3.3

Miss. Code Ann. §§ 49-17-429, 49-2-9(1)(b), 49-17-17(i), 49-17-401, et seq., 49-2-1, et seq. and 49-17-1, et seq.

Amended 9/30/2018