23.1-12-02. Definitions.

As used in this chapter, unless the context otherwise requires:

1. "Actually incurred" means, in the case of corrective action expenditures, the owner, operator, landowner, an insurer, or a contractor hired by the owner, operator, or the landlord has expended time and materials, and only that person is receiving reimbursement from the fund.

2. "Board" means the petroleum release compensation board.

3. "Corrective action" means an action required by the department to minimize, contain, eliminate, remediate, mitigate, or clean up a release, including any remedial emergency measures. The term does not include the repair or replacement of equipment or preconstructed property.

4. "Dealer" means a person licensed by the tax commissioner to sell motor vehicle fuel or special fuels within the state.

5. "Department" means the department of environmental quality.

6. "Electric energy conversion facility" means a plant, addition, or combination of a plant and addition, designed for or capable of wind energy generation, or any means of energy generation, and the plant associated facilities.

7. "Electric transmission related facility" means an electric transmission line and associated facilities designed for transmission of generated electricity, or a facility used for utility-scale storage of electricity and connected or adjacent to an electric transmission facility or facility controlled by or serving a utility with electric energy transmission, and distribution equipment and materials.

8. "Fund" means the petroleum release compensation fund.

9. "Location" means a physical address or site that has contiguous properties. Noncontiguous properties within a municipality or other governmental jurisdiction are considered separate locations.

10. "Midstream facility" means a facility that receives petroleum products by pipeline or by truck. The term does not include a retailer or end user.

11. "Operator" means a person in control of, or having responsibility for, the daily operation of a tank under this chapter.

12. "Owner" means a person who holds title to, controls, or possesses an interest in the tank before the discontinuation of its use.

13. "Petroleum" means any of the following: a. Gasoline and petroleum products as defined in chapter 23.1-13. b. Constituents of gasoline and fuel oil under subdivision a. c. Oil sludge and oil refuse.

14. "Portable tank" means a storage tank along with its piping and wiring that is not stationary or affixed, including a tank that is on skids.

15. "Release" means any unintentional spilling, leaking, emitting, discharging, escaping, leaching, or disposing of petroleum from a tank into the environment whether occurring before or after the effective date of this chapter, but does not include discharges or designed venting allowed under federal or state law or under adopted rules.

16. "Tank" means any one or a combination of containers, vessels, and enclosures, whether aboveground or underground, including associated piping or appurtenances used to contain an accumulation of petroleum, ethanol, or biodiesel. The term does not include: a. Tanks owned by the federal government. b. Tanks used for the transportation of petroleum. c. A pipeline facility, including gathering lines and breakout tanks: (1) Regulated under the Natural Gas Pipeline Safety Act of 1968.

1. (2) Regulated under the Hazardous Liquid Pipeline Safety Act of 1979.
2. (3) Regulated under state laws comparable to the provisions of law in paragraph 1 or 2, if the facility is an interstate pipeline facility.
3. (4) Regulated under title 49, Code of Federal Regulations, part 195.- d. An underground farm or residential tank with a capacity of one thousand one hundred gallons [4163.94 liters] or less or an aboveground farm or residential tank of any capacity used for storing motor fuel for noncommercial purposes. However, the owner of an aboveground farm or residential tank may, upon application, register the tank and be eligible for reimbursement under this chapter.
4. e. A tank used for storing heating oil for consumptive use on the premises where stored.
5. f. A surface impoundment, pit, pond, lagoon, storm water collection system, or wastewater collection system.
6. g. A flowthrough process tank or vapor recovery unit tank.
7. h. A tank, liquid trap, gathering lines, or other facility associated with the exploration, development, or production of oil, gas, or geothermal resources under title 38.
8. i. A 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.
9. j. A tank used for the storage of propane.
10. k. A tank used to fuel or service rail locomotives, rail equipment, or surface coal mining equipment.
11. l. An aboveground tank used to feed diesel fuel generators. Upon application, the owner or operator of an aboveground tank used to feed diesel fuel generators may register the tank and is eligible for reimbursement under this chapter.
12. m. A portable tank.
13. n. A tank with a capacity under one thousand three hundred twenty gallons [4996.728 liters] used to store lubricating oil.
14. o. A tank used to store ethanol or biodiesel for wholesale purposes with a capacity of greater than twenty thousand gallons [75708.24 liters].
15. p. A tank that is located at or is part of a terminal, midstream facility, petrochemical plant, syngas plant, fertilizer plant, petroleum or renewable fuels refinery, electric energy conversion facility, or electric transmission related facility, including associated transloading facility.
16. q. An asphalt tank.
17. r. A septic tank.- 17. 'Tank integrity test' means a test to determine that a tank is sound and not leaking. For an underground tank, the term means a certified third-party test that meets environmental protection agency leak detection requirements. For an aboveground tank, the term means a test conducted according to steel tank institute SP 001 or American petroleum institute 653.
18. 1. 'Terminal' means a refined petroleum product storage and distribution facility that is supplied directly by pipeline and from which the refined petroleum product may be removed from the rack.
19. 1. 'Third party' means a person who is damaged by the act of a registered owner, operator, or dealer requiring corrective action, or a person who suffers bodily injury or property damage caused by a petroleum release.
20. 1. 'Utility' means a person engaged in and controlling electric generation, the transmission of electric energy, or the transmission of water from or to any electric energy conversion facility.