8-7-801. Definitions.

8-7-801. Definitions. As used in this subchapter: (1)(A) “Aboveground storage tank” means any one (1) or a combination of containers, vessels, and enclosures located aboveground, including structures and appurtenances connected to them, whose capacity is greater than one thousand three hundred twenty gallons (1,320 gals.) and not more than forty thousand gallons (40,000 gals.) and that is used to contain or dispense motor fuels, distillate special fuels, or other refined petroleum products. (B) “Aboveground storage tank” does not include mobile storage tanks used to transport petroleum from one location to another or those used in the production of petroleum or natural gas; (2) “Adjacent property owner” means any person, other than an owner or operator, owning an interest in any property affected by a release; (3) “Commission” means the Arkansas Pollution Control and Ecology Commission; (4) [Repealed.] (5) “Operator” means any person in control of or having responsibility for the daily operation of an underground storage tank; (6)(A) “Owner” means: (i) In the case of an underground storage tank in use on November 8, 1984, or brought into use after November 8, 1984, any person who owns an underground storage tank used for the storage, use, or dispensing of regulated substances; and (ii) In the case of any underground storage tank in use before November 8, 1984, but no longer in use on November 8, 1984, any person who owned such underground storage tank immediately before the discontinuation of its use. (B) “Owner” does not include any person who, without participation in the management of an underground storage tank, holds indicia of ownership primarily to protect a security interest in the underground storage tank; (7) “Person” means any individual, corporation, company, firm, partnership, association, trust, joint-stock company or trust, venture, or municipal, state, or federal government or agency, or any other legal entity, however organized; (8) “Petroleum” means petroleum, including crude oil or any fraction thereof, that is liquid at standard conditions of temperature and pressure, sixty degrees Fahrenheit (60° F) and fourteen and seven-tenths pounds (14.7 lbs.) per square inch absolute; (9) “Regulated substance” means: (A) Any substance defined in § 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. § 9601(14), but not including any substance regulated as a hazardous waste under Subtitle C of the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6921 et seq.; and (B) Petroleum; (10)(A) “Release” means any spilling, leaking, emitting, discharging, escaping, leaching, or disposing from an underground storage tank into groundwater, surface water, or subsurface soils. (B) “Release” does not include releases that are permitted or authorized by the Division of Environmental Quality or by federal law; (11) “Release site property owner” means a person, other than an owner or operator, that owns an interest in a property on which a release has occurred; (12) “Secondary containment” means a release prevention and release detection system for an underground storage tank or piping, or both, that provides an inner barrier and an outer barrier and an interstitial space between the two (2) barriers for monitoring to detect the presence of a leak or release of regulated substances from the underground storage tank or piping, or both; (13) “Storage tank” means an aboveground storage tank or underground storage tank as defined in this subchapter; and (14)(A) “Underground storage tank” means any one (1) or combination of tanks, including underground pipes connected thereto, which is or has been used to contain an accumulation of regulated substances, and the volume of which, including the volume of the underground pipes connected thereto, is ten percent (10%) or more beneath the surface of the ground. (B) “Underground storage tank” does not include any: (i) Farm or residential tank of one thousand one hundred gallons (1,100 gals.) or less capacity used for storing motor fuel for noncommercial purposes; (ii) Tank used for storing heating oil for consumptive use on the premises where stored; (iii) Septic tank; (iv) Pipeline facility, including gathering lines, regulated under: (a) The Natural Gas Pipeline Safety Act of 1968, 49 U.S.C. § 60101 et seq.; and (b) The Hazardous Liquid Pipeline Safety Act of 1979; (v) Surface impoundment, pit, pond, or lagoon; (vi) Storm water or wastewater collection system; (vii) Flow-through process tank; (viii) Liquid trap or associated gathering lines directly related to oil or gas production and gathering operations; (ix) Storage tank situated in an underground area, such as a basement, cellar, mineworking, drift, shaft, or tunnel, if the storage tank is situated upon or above the surface of the floor; or (x) Pipes connected to any tank that is described in subdivisions (14)(B)(i)-(ix) of this section.