Code of Massachusetts Regulations
503 CMR - UNDERGROUND STORAGE TANK PETROLEUM PRODUCT CLEANUP FUND ADMINISTRATIVE REVIEW BOARD
Title 503 CMR 3.00 - Underground Storage Tank Petroleum Product
Section 3.02 - Definitions
Under 503 CMR 3.00, the following terms shall have the following meanings:
Aboveground Storage Tank or AST. A horizontal or vertical double walled tank, that is listed and intended for fixed installation, without backfill above or below grade, and is within the scope of its approval or listing.
Agencies or Authorities of the Commonwealth. Any department, agency, authority, board or commission of the Commonwealth.
Applicant. Cities, towns, districts, and other Bodies Politic that file an application for a grant under this program.
Board. The Underground Storage Tank Petroleum Product Cleanup Fund Administrative Review Board, as defined in M.G.L. c. 21 J, § 8.
Bodies Politic. Any department, agency, board or commission of any city, town, or county of the Commonwealth, but does not include Agencies or Authorities of the Commonwealth.
Certification. A written statement signed by an Applicant or potential Applicant attesting to the accuracy and completeness of the facts contained in a submission to the Board.
Closure or Closed. The permanent removal or abandonment in place of all the Underground Storage Tank Systems at a Facility without replacement of any tanks in accordance with 527 CMR 1.00: Massachusetts Comprehensive Fire Safety Code and 310 CMR 80.00: Underground Storage Tank (UST) Systems.
Consumptive Use. Use of fuel oil exclusively for area heating and/or the heating of domestic water on the premises where stored.
Department of Environmental Protection or MassDEP. The Massachusetts Department of Environmental Protection.
Department of Fire Services or DFS. The Massachusetts Department of Fire Services.
Department of Revenue. The Department or DOR, the Massachusetts Department of Revenue.
Designated Representative of the State Fire Marshal. A person under the control of, and designated in writing by, the State Fire Marshal to act on his behalf to ensure compliance with construction, installation, maintenance and operation regulations applicable to a UST System. The State Fire Marshal shall maintain a list of the Designated Representatives.
District. A separate fire, water, sewer, water pollution abatement, refuse disposal, light or improvement district, or any other district, however named, of the Commonwealth established under general law or special act.
Eligible Costs. Costs directly associated with the UST/AST Installation and/or Removal will be eligible for a grant. Such costs shall not include dispensers, dispenser islands, monitoring systems, engineering, environmental remediation, lighting, canopies, fire suppression systems, heat exchangers, suction pumps, oil/water separators, inspection tanks and any other costs the Board determines to be ineligible.
Eligible Parties. Cities, towns, districts, and other Bodies Politic that own one or more Facilities.
Facility. A real property address in Massachusetts at which one or more Underground Storage Tanks are located and used to store gasoline or other fractions of Petroleum Products.
Fuel Storage Tank. An Underground Storage Tank, used or designed to be used for the storage of Petroleum Products, provided the tank does not have an acceptable form of leak detection and does not have a spill containment manhole and overfill prevention device.
Fund: The Underground Storage Tank Petroleum Product Cleanup Fund Program, or Underground Storage Tank Program established pursuant to M.G.L. c. 21 J.
Grant. Any monies allocated to an Eligible Party within the purpose and scope of 503 CMR 3.00.
Head of the Fire Department. The top ranking official of the local fire department or his or her designee.
Interim Welled Protection Area. The interim radius of 1/2 mile (2,640') surrounding a public water supply well or wellfield for which MassDEP has not approved a hydrologically delineated Zone II.
Leak or Leakage. Any uncontrolled movement, measurable by a final or precision test, as described in the 310 CMR 80.00: Underground Storage Tank (UST) Systems.
Monitoring System. A full-time approved system installed for the purpose of early detection of leaks. Minimum standards of in-tank monitoring systems shall consist of in-tank equipment that provides continuous monitoring of any uncontrolled movement of liquid from the tank as described in 310 CMR 80.00: Underground Storage Tank (UST) Systems.
Operator. Any person in control of, or having responsibility for, the daily operations of the UST System.
Owner. Any person having legal ownership of the UST System.
Person. Any agency or Political Subdivision of the Federal government or the Commonwealth, any state, public or private corporation or authority, any interstate body, foreign nation, individual, trust, firm, joint stock company, partnership, association, or other entity, and any officer, employee, or agent of such person, and any group of persons or a natural person, but shall not include any insurance carrier providing environmental impairment insurance to the Facility or insuring the risk arising from the UST System.
Petroleum Product. A product or fraction of product that is obtained from distilling and processing crude oil and that is capable of being used as a motor fuel for the propulsion of a motor vehicle, boat or aircraft. Petroleum Product includes fuel oil used for consumptive heating purposes. Petroleum Product does not include naphtha-type jet fuel, kerosene-type jet fuel, a petroleum product destined for use in chemical manufacturing or feedstock of that manufacturing, or waste oil.
Petroleum Product Movement. The movement of petroleum product through the ground.
Registration of UST System. Notification to the MassDEP of the existence of an UST, regardless of whether the UST is Closed. The notification shall be as specified by MassDEP.
Replacement or Substantial Modification. The construction of or any additions to, an existing storage Facility, or any restoration, refurbishment, or renovation which significantly affects the physical integrity of the storage Facility or its monitoring system.
Response Action. A cost-effective, reasonable and necessary action performed after the release notification made to the MassDEP pursuant to M.G.L. c. 21E, § 7 and 310 CMR 40.0000: Massachusetts Contingency Plan with regard to the existence or extent of contamination of groundwater, surface water or soils on or from a site by Petroleum Products.
Tank. Any structure used or designed for the storage of any Petroleum Product within the scope of 503 CMR 3.00.
Underground Storage Tank or UST. Any one or combination of tanks, including underground pipes connected thereto, at a Facility used to contain an accumulation of Petroleum Product and the volume of which, including the volume of underground pipes connected thereto, is 10% or more beneath the surface of the ground. This term shall not include a freestanding container within a building. For the purposes of 503 CMR 3.00, Underground Storage Tank includes an Underground Storage Tank System.
Underground Storage Tank System or UST System. An Underground Storage Tank and its associated ancillary equipment and containment system at a Facility. Associated ancillary equipment includes all piping and equipment connected to the UST or its containment system, including, without limitation, nozzles, hoses, pumps, piping, vents, transport fittings at the point of connection and vapor recovery piping and equipment. For the purposes of 503 CMR 3.00, an UST System does not include a fueling system that is designed for or is otherwise used primarily to fuel aircraft.
Water Supply. Any raw or finished source that is currently used, reserved for future use, or under investigation for future use as a public water supply as that term is used in 310 CMR 22.00: Drinking Water, or used as a source of private drinking water by one or more persons. Water Supply shall include all land and/or waters used as a tributary to a public water system except those under 310 CMR 22.22: Cross Connections Distribution System Protection.
Water System. A public water system as that term is defined in 310 CMR 22.02: Cross Connections Distribution System Protection.
Zone A. As defined by 310 CMR 22.02: Cross Connections Distribution System Protection.
Zone B. As defined by 310 CMR 22.02: Cross Connections Distribution System Protection.
Zone I. As defined by 310 CMR 22.02: Cross Connections Distribution System Protection.
Zone II. As defined by 310 CMR 22.02: Cross Connections Distribution System Protection.
