Code of Massachusetts Regulations
503 CMR - UNDERGROUND STORAGE TANK PETROLEUM PRODUCT CLEANUP FUND ADMINISTRATIVE REVIEW BOARD
Title 503 CMR 4.00 - Underground Storage Tank Petroleum Cleanup Fund Administrative Review Board
Section 4.02 - Definitions

Bulk Facility. A facility including pipeline terminals, refinery terminals, rails and barge terminals, and associated underground and above ground storage tanks, connected or separate, from which Petroleum Products are withdrawn from the bulk quantities and delivered into a cargo tank or a barge used to transport these products, including all licensed distributors and unclassified importers of Petroleum Products.

Commissioner. The Commissioner of the Massachusetts Department of Revenue, or the Commissioner's duly authorized representative.

Commonwealth Transportation Fund. The fund established under M.G.L. c. 29, § 2.

Delivery Load or Load. Shall consist of 10,000 US gallons of Petroleum Product.

Department. The Massachusetts Department of Revenue.

Dispensing Facility. Any facility qualified to do business in the Commonwealth under the provisions of M.G.L. chs. 64A, 64E and 64F, and dispensing Petroleum Products after April 2,1991, at which Underground Storage Tanks located in Massachusetts are used to store Petroleum Products and from which Petroleum Products are dispensed directly to a Motor Vehicle or boat as motor fuel; except an Underground Storage Tank that is 1,100 gallons or less capacity and is located on a farm or a residence and is used for storing Petroleum Product for noncommercial purposes; or is an Underground Storage Tank that is owned by the Federal government or the Commonwealth or any of its Political Subdivisions.

Fund. The Underground Storage Tank Petroleum Product Cleanup Fund Program or Underground Storage Tank Program established pursuant to M.G.L. c. 21 J.

Motor Vehicle. Any on- or off-road motorized wheeled vehicle that is capable of self-propulsion, does not run on rails and is not considered aircraft.

Person Delivering Petroleum Product. The titleholder of the Petroleum Product delivered or transferred to a Dispensing Facility including, licensed Massachusetts Distributors, Unclassified Importers and Special Fuel Suppliers. A common carrier simply delivering or transferring a load of Petroleum Product to a Dispensing Facility shall not be considered a Person Delivering Petroleum Product.

Petroleum Product. A product, or fraction of a 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 or Boat and was delivered to the Facility for such purpose. Petroleum Product includes fuels of which a portion may be petroleum-based, which may be blended with ethanol, biofuels, and similar products that are used as a motor fuel for the propulsion of a Motor Vehicle or Boat. Petroleum Product does not include naphtha-type jet fuel, kerosene-type jet fuel, a product destined for use in chemical manufacturing or feedstock of that manufacturing, waste oil, fuel oil or any fuel used for heating purposes.

Underground Storage Tank. 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. Underground Storage Tank shall not include a freestanding container within a building.

UST Board. The Massachusetts Underground Storage Tank Petroleum Cleanup Fund Administrative Review Board.