Regulations: Definitions

100.01 Annual Tank Registration Fee means the annual fee of five hundred ($500) dollars per Underground Storage Tank not to exceed two thousand five hundred ($2,500) dollars per site as set forth in R.I. General Laws § 46-12.9-7(9).

100.02 Authorized Representative shall mean any individual employed by any Person, including all forms of private, governmental and commercial entities included thereunder, in a position to commit the resources of that Person and bind that person to any responsibilities and/or liabilities set forth under these regulations.

100.03 Bodily Injury means any physical injury or impairment to the body of a natural person or any physical illness or disease or death resulting from said injury, which has been caused, directly or proximately, by a Release from a UST or UST System.

100.04 Claim means an application submitted to the Review Board for reimbursement from the Fund.

100.05 Claimant means a responsible party as defined in subparagraph 100.28 submitting a claim to the Review Board for reimbursement from the Fund.

100.06 Cleanup means those activities undertaken pursuant to regulations promulgated by the Department for the investigation and remediation of releases from UST's or UST Systems.

100.07 Cleanup Goals means the extent of corrective action required by the Department to protect human safety, health, and the environment; pursuant to its regulations governing such corrective action.

100.08 Closure or Closed means the permanent closure of an Underground Storage Tank or Underground Storage Tank System as pursuant to the UST Regulations.

100.09 Compliance means compliance with the UST Regulations, as determined by the Department.

100.10 Contamination or Contaminated means the results of a release of petroleum from an Underground Storage Tank or Underground Storage Tank System into the ground water, surface water or soil in quantities which may adversely impact human safety, health or the environment.

100.11 Corrective Action means implementation of measures to rehabilitate site ground water, surface water, soil, or air to meet cleanup goals.

100.12 Corrective Action Plan means a plan that addresses contaminated soils or ground water or other related environmental or public health impacts of a release, pursuant to the relevant sections of the Department's UST Regulations.

100.13 Department means the Rhode Island Department of Environmental Management.

100.14 Deductible Limit means the amount to be deducted from an amount otherwise eligible for reimbursement hereunder prior to any reimbursement from the Fund as such limits are established by the Rhode Island General Laws § 46-12.9-5.

100.15 Director means the Director of the Department of Environmental Management or his or her designee within said Department.

100.16 Eligible Claimant means a claimant served with a notice of eligibility by the Review Board.

100.17 Eligible Costs means costs, expenses and other obligations as incurred or to be incurred by a responsible party for site investigation, site remediation or other corrective action activities or certain third party damages ordered or directed by the department or voluntarily performed by the responsible party and not specifically identified by the review board as ineligible.

100.18 Emergency and Short-Term Response Action shall mean any activities undertaken immediately following the discovery of a release of petroleum in order to completely or partially contain, clean up or treat the released material and remove an imminent hazard if it exists.

100.19 Fund means the Rhode Island Underground Storage Tank Financial Responsibility Fund as established pursuant to Chapter 12.9 of Title 46 of the Rhode Island General Laws.

100.20 Fund Administrator means the Clean Water Finance Agency established pursuant to the provisions of Chapter 12.2 of Title 46 of the Rhode Island General Laws or any other agency of State government designated by the Governor.

100.21 Groundwater shall mean water found underground which completely fill the open spaces between particles of sand, gravel, clay, silt and bedrock fractures. The zone of materials filled with groundwater is called the zone of saturation.

100.22 Initial Abatement Action means an action taken pursuant to the applicable section of the Department's UST Regulations.

100.23 Initial Application for Reimbursement means an application submitted by a Claimant pursuant to Part 800 of these Regulations.

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

100.25 Owner means any agency or political subdivision of the state, any municipality, public or private corporation or authority, individual, trust, firm, joint stock company, partnership, association or other entity, and any officer, employee or agent thereof.

100.26 Person means any agency or political subdivision of the State, any municipality, public or private corporation, or authority, individual, trust, firm, joint stock company, partnership, association, or other entity, and any officer, employee, or agency of such person, or any group of persons, or a natural person, which shall not include any insurance carrier providing environmental impairment insurance relative to a site or insuring any risk arising from the operation of Underground Storage Tank or Underground Storage Tank System.

100.27 (a) Petroleum means crude oil, crude oil fraction and refined petroleum fractions, including gasoline, kerosene, heating oils, used/waste oil and diesel fuels. (b) Petroleum shall mean petroleum product including the following products: a. Unused or Used distillate and residual oil including but not limited to gasoline, aviation fuels, kerosene, diesel, and heating oils; and b. Unused or Used crankcase oil, lubricants, hydraulic oils, penetrant oils, tramp oils, quench oils, and other industrial oils.

100.28 Property Damage shall mean any physical injury to real or personal property, which has been caused, directly or proximately, by a release from a UST or UST System.

100.29 Reimbursement means an assignment of money made by the Review Board from the Fund in payment of eligible costs, subject to deductible limits and such other provisions of Chapter 12.9, Title 46 of the Rhode Island General Laws.

100.30 Reimbursement Fee Schedule means the schedule of fees deemed reasonable and customary by the Review Board for clean-up and related activities.

100.31 Release means any leaking, emitting, discharging, escaping or leaching of petroleum from any Underground Storage Tank or Underground Storage Tank System into the environment.

100.32 Remediation shall mean the act of implementing, operating and maintaining a Remedy or Remedial Action.

100.33 Remediation Regulations shall mean the Rules and Regulations for the Investigation of Hazardous Material Releases (DEM-DSR-01-93).

100.34 Remedy or Remedial Action shall mean those actions taken to rectify the effects of a release of petroleum or petroleum product, so that it does not cause a significant risk to present or future public health or welfare, or the environment.

100.35 Request for Reimbursement means an application for reimbursement submitted by an eligible Claimant for eligible costs incurred during the investigation or remediation of a release from a UST or UST System.

100.36 Responsible Party shall mean the person or persons liable for the release of petroleum or the remediation of a release.

100.37 Review Board means the Rhode Island Underground Storage Tank Financial Responsibility Review Board as established pursuant to provisions of R.I. General Laws § 47-12.9-8.

100.38 Site means (a) any location within Rhode Island at which or from which there has been a release of petroleum associated with an Underground Storage Tank or Underground Storage Tank System or any location to which such petroleum has migrated. (b) government site shall mean any location owned or occupied, or previously owned or occupied, by any city or town, the state or any agency of the state of which or from which there has been a release of petroleum associated with an underground storage tank and underground storage tank system.

100.39 Site Investigation means any action taken to determine the character, nature and extent of a petroleum release from a UST or UST System, pursuant to the relevant sections of the Department's UST Regulations.

100.40 Third-Party Claim shall mean any claim for monetary damages for bodily injury or damage to property brought against a responsible party in a court of competent jurisdiction, which claim has resulted in a final judgment, order or court-approved settlement that explicitly establishes that: the third-party claimant sustained bodily injury, damage to property, or damage to natural resources; the bodily injury, damage to property, or damage to natural resources sustained by the third-party claimant was the direct or proximate result of a release; and that the responsible party is liable for the release.

100.41 Underground Storage Tank means any one (1) or combination of tanks, including underground pipes connected thereto, used to contain an accumulation of petroleum and the volume of underground pipes thereto, is ten (10%) percent or more beneath the surface of the ground and shall be referenced herein by the acronym "UST." The definition of UST does not include those tanks exempted under Section 5.03 of the UST Regulations.

100.42 UST Regulations means those Regulations promulgated by the Department pursuant to Chapter 12, Title 14 and Chapter 17.1, Title 42 of the Rhode Island General Laws pertaining to UST's and UST Systems, as is or as amended. 100.43 "UST System" means a UST and its associated ancillary equipment and containment system, if any.