Compilation of Rules and Regulations of the State of Georgia
Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES
Chapter 391-3 - ENVIRONMENTAL PROTECTION
Subject 391-3-15 - UNDERGROUND STORAGE TANK MANAGEMENT
Rule 391-3-15-.03 - Definitions

Universal Citation: GA Rules and Regs r 391-3-15-.03

Current through Rules and Regulations filed through September 23, 2024

(1) 40 CFR 280.12 is hereby incorporated by reference, with the exception of the definition for "Replace". In addition, the following words or terms shall have the meanings set forth herein when used in these Rules:

(a) "Controlling interest" means direct or indirect ownership of at least 50 percent of the voting stock of another entity.

(b) "Corrective action" means those activities required for response to and cleanup of releases of regulated substances from underground storage tanks, including, but not limited to, initial response, initial abatement measures and site check, initial site characterization, free product removal, investigations for soil and groundwater cleanup, and preparation and implementation of a corrective action plan.

(c) "Department" means the Department of Natural Resources of the State of Georgia.

(d) "Director" means the Director of the Environmental Protection Division of the Department of Natural Resources.

(e) "EPD" means the Environmental Protection Division of the Department of Natural Resources of the State of Georgia.

(f) "Federal Act" means the Solid Waste Disposal Act, 42 U.S.C., § 3152 et seq., as amended, particularly by the Hazardous and Solid Waste Amendments of 1984, Public Law 98-616, 42 USC, § 6991 et seq., as amended by Public Law 99-499, 1986, as further amended by Public Law 109-58, 2005.

(g) "Jobber" means anyone who distributes petroleum product from a bulk storage plant to an UST owner or operator, orpurchases petroleum product from a terminal for distribution to an UST owner or operator.

(h) "Owner" means, in the case of an UST system in use on November 8, 1984, or brought into use or capable of being used after that date, any person who owns an UST system used for or capable of being used for the storage or dispensing of regulated substances and, in the case of any UST system in use before November 8, 1984, but no longer in use or capable of being used on or after November 8, 1984, any person who owned such UST immediately before the discontinuation of its use; provided, however, such term shall not include any person who, without participating in the management of an underground storage tank and otherwise not engaged in petroleum production, refining, and marketing, holds indicia of ownership primarily to protect that person's security interest in the underground storage tank.

(i) "Participating owner or operator" means an owner or operator of an UST who participates in the GUST Trust Fund as a financial assurance mechanism.

(j) "Petroleum" means petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute).

(k) "Petroleum product" means petroleum-based substance comprised of a complex blend of hydrocarbons such as motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, and used oils.

(l) "Plume" means the area of groundwater containing concentrations of petroleum constituents or other regulated substances above Estimated Quantitation Limits as established in Test Methods for Evaluating Solid Waste (United States Environmental Protection Agency, Office of Solid Waste and Emergency Response, SW-846, Third Edition, as revised) or in an alternate method approved by EPD.

(m) "Release Response" means, in addition to certain corrective action activities, those actions taken as initial response, initial abatement measures and site check, initial site characterization, and free product removal.

(n) "Replace" means,
(1) When referring to an underground storage tank, the removal of an existing UST and the installation of another UST in its place.

(2) When referring to piping, the removal and replacement of 25% or more of the existing piping, as measured along an existing piping run between the submersible pump connection for the pressurized pump system or UST surface for suction pump systems to the bottom of the shear valve below the dispenser.

(o) "Responsibility for" means either the right or authority to close an UST or maintain and repair an UST or take action for compliance with all or part of the requirements of GUSTA and these Rules.

(p) "Terminal" means a bulk storage facility for storing petroleum products supplied by pipeline or marine vessel.

(q) "Third party liability" insofar as GUST Trust Fund usage is concerned means liability for bodily injury or property damage caused directly by a release of petroleum products from an underground storage tank; however, it does not include or mean any liability for bodily injury or property damage to the person or property of the owner of the real property on which the USTs are located.
1. As to bodily injury, specific physical bodily injury proximately resulting from exposure, explosion, or fire caused by the presence of a release from a regulated underground storage tank and which is incurred by a person other than the owner or operator, the landlord of the owner or operator, employees or agent of an owner or operator, or employees or agents of the landlord of an owner or operator; and

2. As to property damage, actual physical damage or damage due to specific loss of normal use of property owned by a person other than either the owner or operator of an underground storage tank from which a release has occurred or the landlord of an owner or operator of the underground storage tank from which a release has occurred.

(r) "Trustee" means the Director of the Environmental Protection Division of the Department of Natural Resources.

O.C.G.A. § 12-13-1, et seq.

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