1. (a) “Department” means the New Hampshire department of environmental services.
2. (b) “Floor drain” means an opening in a floor into which regulated substances might be discharged.
3. (c) “Impervious surface” means a surface through which regulated contaminants cannot pass when spilled. For purposes of this part, the term includes concrete and asphalt unless unsealed cracks or holes are present, but does not include earthen, wooden, or gravel surfaces or other surfaces that could react with or dissolve when in contact with the substances stored on them.
4. (d) “Owner” means any person who, either directly or indirectly, owns a facility or site on which the potential contamination source is located and, if different, any person who, either directly or indirectly, controls or otherwise directs activities at a facility or site. "Owner" does not include a person who, without participation in the management or actual operation of a facility, holds indicia of ownership primarily to protect a mortgage on real property on which a facility is located or a security interest in personal property located at the facility.
5. (e) “Person” means “person” as defined in RSA 485-C:2, XI, as reprinted in Appendix B.
6. (f) “Potential contamination source” means, as specified in RSA 485-C:7, I, human activities or operations upon the land surface that pose a reasonably-foreseeable risk of introducing regulated substances into the environment in such quantities as to degrade the natural groundwater quality. Examples of potential contamination sources are listed in RSA 485-C:7, II.
7. (g) “Regulated container” means any device in which a regulated substance is stored, transported, treated, disposed of, or otherwise handled, with a capacity of greater than or equal to 5 gallons, other than a fuel tank attached to a motor vehicle for the sole purpose of supplying fuel to that motor vehicle for that vehicle’s normal operation.

8. (h) “Regulated substance” means any of the following, excluding substances used for the treatment of drinking water or wastewater at department-approved facilities:

   1. (1) Oil as defined in RSA 146-A:2, III;
   2. (2) Any substance that contains a regulated contaminant for which an ambient groundwater quality standard has been established pursuant to RSA 485-C:6; and
   3. (3) Any substance listed in 40 CFR 302, 7-1-25 edition.
9. (i) “Secondary containment” means a structure, such as an impervious berm or dike, that is adequate to contain any spills or leaks at 110% of the volume of the largest regulated container in the storage area or 10% of the total volume of regulated containers, whichever is greater.
10. (j) “Storage area” means a place where a regulated container is kept for a period of 10 or more consecutive days.
11. (k) “Work sink” means a sink in which regulated substances are used.

Source. (See Revision Note at part heading for Env-Wq 401) #8786, eff 1-5-07; ss by #10828, eff 5-19-15; ss by #14345, eff 8-23-25, EXPIRES: 8-23-35