The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Adjacent landowner--A person who owns legal title to land which is within reasonably close proximity to property where a regulated underground storage tank (UST) or aboveground storage tank is located whether or not the land is contiguous to the property containing the tank. (2) Application preparer--Any person responsible for preparing the application for reimbursement. (3) Commingled--See definition in §334.2 of this title (relating to Definitions). (4) Confirmed--In the context of a release being confirmed by the agency under this subchapter, means that the executive director has determined that sufficient evidence exists to prove that a release of petroleum products has occurred from a petroleum storage tank subject to regulation under this chapter. (5) Eligible aboveground storage tank--A non-vehicular device with a capacity of more than 1,100 gallons, and all connecting piping both above and below ground, that is made of non-earthen materials; located on or above the surface of the ground or on or above the surface of the floor of a structure below ground, such as a mineworking basement, or vault; and designed to contain an accumulation of petroleum. (6) Eligible operator--Any person in control of or having the responsibility for the daily operation of a petroleum storage tank who meets the eligibility requirements prescribed in §334.310 of this title (relating to Requirements for Eligibility). (7) Eligible owner--Any person who meets the eligibility requirements prescribed in §334.310 of this title (relating to Requirements for Eligibility) and who held or currently holds legal possession or ownership of an interest in a petroleum storage tank. For the purposes of this subchapter, if the actual ownership of the petroleum storage tank is uncertain, unknown, or in dispute, the fee simple owner of the surface estate of the tract on which the petroleum storage tank is located is considered the petroleum storage tank owner unless that person can demonstrate by appropriate documentation, including a deed reservation, invoice, bill of sale, or by other legally acceptable means that the petroleum storage tank is owned by another person. A person who has registered as an owner of a petroleum storage tank with the commission under §334.7 of this title (relating to Registration for Underground Storage Tanks (USTs) and UST Systems) (or a preceding rule section concerning tank registration) after September 1, 1987, shall be considered the petroleum storage tank owner until such time as documentation demonstrates to the executive director's satisfaction that the legal interest in the petroleum storage tank was transfered to a different person subsequent to the date of the tank registration. This definition is subject to the limitations found in Texas Water Code, §26.3514, Limits on Liability of Lender; §26.3515, Limits on Liability of Corporate Fiduciary; and §25.3516, Limits on Liability of Taxing Unit. (8) Emergency--Any existing or potential fire, explosion, or vapor hazards which pose an imminent threat to human health and safety, or any imminent threat at the point of actual use to drinking water supplies actually being used. (9) Emergency abatement--Taking mitigating actions necessary in an emergency to protect against imminent danger to human health and safety by removing phase-separated product from structures, basements, sumps, etc., or performing other actions as deemed necessary by the agency. Restoration of site to preexisting conditions, cost of relocating utility structures, site assessment, and remediation are not considered part of emergency abatement activities. (10) Initial abatement measures--The mitigation of all existing or potential fire, explosion, or vapor hazards, including the removal of phase-separated product, to provide adequate protection of human health, safety, and the environment in emergency situations or other situations where emergency actions must be implemented to prevent further impacts to the environment. Restoration of site to preexisting conditions, cost of relocating utility structures, site assessment, and remediation are not considered part of initial abatement measures. (11) Petroleum product--See definition in §334.2 of this title (relating to Definitions). (12) Petroleum storage tank--See definition in §334.2 of this title (relating to Definitions). (13) Phase-separated product--See Free-product as defined in §334.2 (relating to Definitions) of this title. (14) Prime contractor--Any natural person, firm, or any entity responsible for the contracting of any corrective action services. (15) Prime corrective action specialist--A natural person, consulting firm, or any entity engaging in corrective action services, or acting as coordinator of others engaged in corrective action services. (16) Related parties--An eligible owner, an eligible operator, a prime corrective action specialist, or a subcontractor (collectively "parties" or individually "party" in this definition) are related parties to the extent that any one of them holds any legal or beneficial ownership in another party, or is owned in whole or in part, legally or beneficially, by any person or entity who also owns all or part of the legal or beneficial interest in another party, or is party to an exclusive dealing agreement with another party regarding the performance of corrective action at leaking petroleum storage tank sites in Texas. Ownership by one member of a family shall be attributed to all those within the second degree by consanguinity or affinity. In addition, any of the parties listed in this paragraph are related parties if they share common employees, common offices, or centralized accounting; if they operate under a common business name; or if one party pays the wages of another party's employees, makes undocumented transfers of funds to the other party, or allows its employees to render services on behalf of another party. (17) Spent oil--A regulated substance that is a lubricating oil or similar petroleum substance which has been refined from crude oil, used for its designed or intended purposes, and contaminated as a result of that use by physical or chemical impurities, including spent motor vehicle lubricating oils, transmission fluid, or brake fluid. (18) Tank removal--The physical removal of a petroleum storage tank from the subsurface. Tank removals include removal and replacement of surface material, excavation and disposal of backfill material, petroleum storage tank removal and disposal, backfilling and compaction of backfilled material, and any other activities typically associated with the tank removal process. (19) Vehicle service and fueling facility--A facility where motor vehicles are serviced or repaired and where petroleum products are stored and dispensed from fixed equipment into the fuel tanks of motor vehicles. |
| Source Note: The provisions of this §334.322 adopted to be effective September 26, 1990, 15 TexReg 5209; amended to be effective March 4, 1992, 17 TexReg 1385; amended to be effective March 25, 1993, 18 TexReg 1687; amended to be effective June 7, 1993, 18 TexReg 3293; amended to be effective November 8, 1995, 20 TexReg 8800; amended to be effective October 22, 1997, 22 TexReg 10324; amended to be effective November 23, 2000, 25 TexReg 11442; amended to be effective April 2, 2002, 27 TexReg 2522; amended to be effective November 18, 2004, 29 TexReg 10532 |
