Rhode Island General Laws 46-12.9-3. Definitions
When used in this chapter:
(1) “Department” means the Rhode Island department of environmental management.
(2) “Director” means the director of the department of environmental management, or his or her designee.
(3) “Eligible costs” means costs, expenses, and other obligations as incurred by a responsible party for site investigation, site remediation, or other corrective action activities ordered or directed, and approved, by the department or performed by the responsible party and not specifically identified by the department as ineligible.
(4) “Facility” means any parcel of real estate or contiguous parcels of real estate owned and/or operated by the same person(s), which together with all land, structures, facility components, improvements, fixtures, and other appurtenances located therein, form a distinct geographic unit and at which petroleum products or hazardous materials are or have been stored in underground storage tanks.
(5) “Fund” means the Rhode Island underground storage tank financial responsibility fund established herein.
(6) “Operator” means any person in control of, or having the responsibility for, the daily operation of an underground storage tank system.
(7) “Owner” means any person, corporation, group, or other entity who or that holds exclusive or joint title to, or lawful possession of, a facility or part of a facility.
(8) “Petroleum product” means crude oil, or any fractions thereof, that is liquid at standard conditions of temperature sixty degrees fahrenheit (60°F) and pressure fourteen and seven tenths pounds per square inch absolute (14.7 psia) and includes substances derived from crude oil including, but not limited to, the following:
(i) Gasoline;
(ii) Fuel Oils;
(iii) Diesel Oils;
(iv) Waste Oils; and
(v) Gasohol, lubricants, and solvents.
(9) “Release” means any spilling, leaking, pumping, pouring, injecting, emitting, escaping, leaching, discharging, or disposing of any material stored in an underground storage tank system subject to the regulations into groundwater, surface water, soil, air, or any other environmental media.
(10) “Responsible party” means the person or persons liable for release of petroleum or the remediation of a release.
(11) “Site” means any location at which, or from which, there has been a release of petroleum associated with an underground storage tank or an underground storage tank system, or any location to which such petroleum has migrated.
(12) “UST” or “Underground storage tank system” means any one or more underground tanks, and their associated components, including piping, used to contain, transport, or store petroleum product or hazardous material whose volume is ten percent (10%) or more beneath the surface of the ground.
History of Section.
P.L. 1994, ch. 144, § 1; P.L. 1998, ch. 114, § 1; P.L. 2001, ch. 328, § 1; P.L. 2002, ch. 297, § 1; P.L. 2006, ch. 246, art. 27, § 3; P.L. 2016, ch. 148, § 1; P.L. 2016, ch. 160, § 1; P.L. 2017, ch. 80, § 1; P.L. 2017, ch. 92, § 1; P.L. 2023, ch. 79, art. 3, § 11, effective June 16, 2023.
Terms Used In Rhode Island General Laws 46-12.9-3
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Department: means the Rhode Island department of environmental management. See Rhode Island General Laws 46-12.9-3
- Director: means the director of the department of environmental management, or his or her designee. See Rhode Island General Laws 46-12.9-3
- Facility: means any parcel of real estate or contiguous parcels of real estate owned and/or operated by the same person(s), which together with all land, structures, facility components, improvements, fixtures, and other appurtenances located therein, form a distinct geographic unit and at which petroleum products or hazardous materials are or have been stored in underground storage tanks. See Rhode Island General Laws 46-12.9-3
- Fund: means the Rhode Island underground storage tank financial responsibility fund established herein. See Rhode Island General Laws 46-12.9-3
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
- Petroleum product: means crude oil, or any fractions thereof, that is liquid at standard conditions of temperature sixty degrees fahrenheit (60°F) and pressure fourteen and seven tenths pounds per square inch absolute (14. See Rhode Island General Laws 46-12.9-3
- real estate: may be construed to include lands, tenements, and hereditaments and rights thereto and interests therein. See Rhode Island General Laws 43-3-10
- Release: means any spilling, leaking, pumping, pouring, injecting, emitting, escaping, leaching, discharging, or disposing of any material stored in an underground storage tank system subject to the regulations into groundwater, surface water, soil, air, or any other environmental media. See Rhode Island General Laws 46-12.9-3
- Responsible party: means the person or persons liable for release of petroleum or the remediation of a release. See Rhode Island General Laws 46-12.9-3
- Site: means any location at which, or from which, there has been a release of petroleum associated with an underground storage tank or an underground storage tank system, or any location to which such petroleum has migrated. See Rhode Island General Laws 46-12.9-3
- Underground storage tank system: means any one or more underground tanks, and their associated components, including piping, used to contain, transport, or store petroleum product or hazardous material whose volume is ten percent (10%) or more beneath the surface of the ground. See Rhode Island General Laws 46-12.9-3