For purposes of this chapter in addition to the definitions set forth in chapter 33.1-13-01 and North Dakota Century Code chapter 23.1-12, the following definitions apply:

1. "Aboveground storage tank (AST) system" means an aboveground storage tank or combination of tanks at one location, including any connected piping and containment system.

2. "Ancillary equipment" means any devices including such devices as piping, fittings, flanges, valves, and pumps used to distribute, meter, or control the flow of liquid fuel to and from an aboveground storage tank.

3. "Change in service" means continued use of an aboveground storage tank system to store a substance other than liquid fuel.

4. "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 aboveground storage tank system under conditions likely to be encountered.

5. "Connected piping" means all piping including valves, elbows, joints, flanges, and flexible connectors attached to a aboveground storage tank system through which liquid fuel flows. For purposes of determining how much piping is connected to any individual aboveground storage tank system, the piping that joins two aboveground storage tank systems must be allocated equally between them.

6. "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. Containment sumps may be single walled or

secondarily contained underneath the dispenser (under-dispenser containment sump), or at other points in the piping run (transition or intermediate sump).

7. "Empty" means an aboveground storage tank system that contains no greater than one inch [2.54 centimeters] of residue, or three-tenths of one percent by weight of the total capacity of the aboveground storage tank system remains in the system.

8. "Excavation zone" means an area where excavation of liquid fuel contaminated soil has been completed.

9. "Existing aboveground storage tank system" means an aboveground storage tank system for which installation commenced on or before April 1, 2026. Installation has commenced if:

a. A continuous onsite physical construction or installation program has commenced; or

b. The owner or operator has entered into contractual obligations, which cannot be canceled or modified without substantial loss, for installation of the aboveground storage tank system.

10. "Free product" refers to liquid fuel that is present as a nonaqueous phase liquid (for example, liquid not dissolved in water).

11. "International Fire Code" refers to the national fire prevention association codes of practice NFPA 30 - Flammable and Combustible Liquids Code and NFPA 30A - Code for Motor Fuel Dispensing Facilities and Repair Garages.

12. "Interstitial monitoring" means any method of detecting a release of liquid fuel into, or verifying the integrity of, the space between the inner and outer walls of:

a. A double-walled or double-bottomed tank; or

b. Double-walled piping.

13. "Liquid fuel" includes petroleum, as defined in North Dakota Century Code section 23.1-12-02, and alternative fuel, diesel fuel, gasoline, heating oil, kerosene, lubricating oil, and tractor fuel as defined in North Dakota Century Code section 23.1-13-01.

14. "Local fire code" means the adopted fire code of the political subdivision where an aboveground storage tank system is located.

15. "Maintenance" means the normal operational upkeep to prevent an aboveground storage tank system and ancillary equipment from releasing liquid fuel.

16. "New aboveground storage tank system" means an aboveground storage tank system that will be used to contain an accumulation of liquid fuel and for which installation commences after April 1, 2026.

17. "Normal head pressure" means the pressure exerted by a column of liquid in a system under standard operating conditions.

18. "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 this chapter.

19. "Operator" means any person in control of, or having responsibility for, the daily operation of an aboveground storage tank system.

20. "Overfill release" is a spill that occurs when a tank is filled beyond its capacity, resulting in a discharge of the liquid fuel to the environment.

21. "Owner" means any person who owns an aboveground storage tank system, unless that aboveground storage tank system has been permanently closed or gone through a change in service.

22. "Person" means an individual, trust, firm, joint stock company, federal agency, corporation, state, municipality, commission, political subdivision of a state, or any interstate body. The term includes a consortium, a joint venture, a commercial entity, and the United States government.

23. "Petroleum tank release compensation fund" means the fund established by North Dakota Century Code chapter 23.1-12.

24. "Pipe" or "piping" means a hollow cylinder or tubular conduit that is constructed of steel or nonmetallic materials that routinely contain, are compatible with and convey liquid fuel from an aboveground storage tank system to a dispenser, or other end-use equipment. The term includes any elbows, couplings, unions, valves, or other in-line fixtures that contain and convey liquid fuel from the aboveground storage tank system to a dispenser. The term does not include vent, vapor recovery, or fill lines.

25. "Release" means any release of a liquid fuel product to the surface, surface water, subsurface of the land, including releases from the aboveground and the underground portions of an aboveground storage tank system and aboveground or underground releases associated with overfills and transfer operations as the liquid fuel product moves to or from an aboveground storage tank system.

26. "Release detection" means determining whether a release of liquid fuel has occurred from the aboveground storage tank system into the environment or into the interstitial space between the aboveground storage tank system and its secondary barrier or secondary containment around it.

27. "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 underground storage tank system component that has caused a release of product from the underground storage tank system or has failed to function properly.

28. "Secondary containment" means a liquid-tight, compatible barrier or system of barriers that is designed, constructed, and maintained to prevent a release of liquid fuel from an aboveground storage tank system or connected piping from reaching the environment, and that directs any release to a location where it can be detected and managed. For tanks, secondary containment includes double-walled or double-bottomed construction or an external containment system capable of holding and retaining a release. For underground piping, secondary containment means an inner and outer barrier with an interstitial space between them that is capable of being monitored for a release and that directs a release to a containment sump or monitoring point.

29. "Site" means the current or anticipated location of an aboveground storage tank system.

30. "State fire code" means chapter 45-18-01.

31. "Temporary closure" means an aboveground storage tank system is empty and not being used to store or dispense liquid fuel products.

32. "Upgrade" means the addition or retrofit of some part of an aboveground storage tank system such as cathodic protection, lining, or spill and overfill controls to improve the ability of an aboveground storage tank system to prevent the release of liquid fuel.