The following words and terms, when used in this chapter, shall have
the following meanings and supercede the definitions in Chapter 334 of this
title (relating to Underground and Aboveground Storage Tanks), unless the
context clearly indicates otherwise.
(1) Ancillary equipment -- Any devices that are used to distribute,
meter, or control the flow of petroleum substances or hazardous substances
into or out of an underground storage tank (UST), including, but not limited
to, piping, fittings, flanges, valves, and pumps.
(2) Existing UST system -- A UST system which is used or designed
to contain an accumulation of regulated substances for which installation
either had commenced prior to December 22, 1988, or had been completed on
or prior to December 22, 1988. Installation will be considered to have commenced
if the owner or operator had obtained all federal, state, and local approvals
or permits necessary to begin physical construction at the site or installation
of the tank system, and if either a continuous on-site physical construction
or installation program had begun or the owner or operator had entered into
contractual obligations (which could not be canceled or modified without substantial
loss) which required that the physical construction at the site or installation
of the tank system was to be completed within a reasonable time.
(3) Major aquifer -- An aquifer defined by the Texas Water
Development Board (TWDB) as supplying large quantities of water in large areas
of the state.
(4) New UST system -- A UST system which is used or designed
to contain an accumulation of regulated substances for which installation
commenced after December 22, 1988; or a UST system which is converted from
the storage of materials other than regulated substances to the storage of
regulated substances after December 22, 1988.
(5) Outcrop -- The surface extent of a major aquifer as mapped
by the TWDB in which the host geologic formations are exposed at the land
surface or overlain by alluvial or soil covers.
(6) Replaced -- The permanent removal from service (in accordance
with all applicable requirements of Chapter 334 of this title) of a UST system
and the installation of any replacement UST system in accordance with all
applicable requirements of this chapter and Chapter 334 of this title.
(7) Secondary containment -- A method by which a secondary
wall or barrier is installed around a UST system in a manner designed to prevent
a release of a regulated substance from migrating beyond the secondary wall
or barrier before the release can be detected. A secondary containment system
may include an impervious liner, jacket, containment boot, sump, or vault
surrounding a primary tank or piping system or a double-wall tank or piping
system.
(8) Underground storage tank (UST) -- Any one or combination
of underground tanks and any connecting underground pipes used to contain
an accumulation of regulated substances, the volume of which, including the
volume of the connecting underground pipes, is 10% or more beneath the surface
of the ground.
(9) Underground storage tank (UST) system -- A UST, connected
underground piping, underground ancillary equipment, and containment system,
if any.
(10) Upgraded --
(A) The addition, improvement, retrofitting, or renovation
of an existing UST system with equipment or components as required to initially
meet upgrading requirements with regard to corrosion protection, spill and
overfill prevention, and release detection as specified in Chapter 334 of
this title.
(B) The addition, improvement, retrofitting, or renovation
of a new UST system with equipment or components as required to bring that
system into initial compliance with the installation requirements which were:
(i) applicable after December 22, 1988 and before September
29, 1989 under EPA rules (40 Code of Federal Regulations Part 280); or
(ii) applicable on or after September 29, 1989 under Chapter
334 of this title.
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