Definitions

For the purposes of 503 CMR 2.00, the following terms shall have the following meanings assigned to them: All Necessary Information. Includes without limitation, copies of the following documents: all UST Registration documentation required by MassDEP, the most recent Third Party Inspection report, a Marine Fueling Permit if applicable and, any information related to the construction, operation, and maintenance of the UST System, including the latest tank and piping tightness test and cathodic protection system test results if applicable. Annual Tank Fee. All annual tank fees required by M.G.L. c. 21J, § 2 and 503 CMR 4.00: Implementation of Underground Storage Tank Cleanup Fees for each Underground Storage Tank, including all late fees and penalties. Applicant. A Person who files an Application for a Certificate of Compliance, an Application for Renewal of a Certificate of Compliance, an Application for Eligibility, or an Application for Reimbursement. Application for Certificate of Compliance. An application filed by an Applicant pursuant to 503 CMR 2.07, in a format specified by the Board. Application for Eligibility. An application filed by an Applicant pursuant to 503 CMR 2.09 for a specific Site, in a format specified by the Board. Application for Reimbursement. An application filed by a Claimant pursuant to 503 CMR 2.10, in a format specified by the Board. Board. The Underground Storage Tank Petroleum Product Cleanup Fund Administrative Review Board, as defined in M.G.L. c. 21J, § 8. Board Acceptable Site Assessment. A Site Assessment showing the Dispensing Facility does not have any contaminant levels or Conditions that require notification to MassDEP and a Response Action, excluding MassDEP-defined Limited Removal Actions (LRAs). The Site Assessment report shall provide the level of diligence that is necessary to ensure that the quantity and quality of information is adequate to assess the presence of contaminants including the area of the UST System and shall be prepared in compliance with the Board's Board Acceptable Site Assessment Policy. Boat. Any motorized watercraft. Bodily Injury. Physical injury, sickness, disease, or death of any person proximately caused by a Release from an Underground Storage Tank System. Certificate of Compliance. A certificate issued by the Board, attesting to the Full Compliance of the UST System at the time of issuance, and in accordance with 503 CMR 2.07. Certification. To make a written statement, as set forth in 503 CMR 2.03(5), signed by Applicant or potential Applicant attesting to the accuracy and completeness of the facts contained in a submission to the Board or the Department of Revenue. Claim. A request for Reimbursement for a specific Facility filed pursuant to 503 CMR 2.10 made in a format specified by the Board. Claim for Reimbursement. A Claim that is complete, has been received and reviewed by the staff of the Board, and has been presented to the Board. Claimant. A Person who files a Claim. A Claimant does not include the recipients or potential recipients of grants under 503 CMR 2.23 pursuant to M.G.L. c. 21J, §§ 4(c) and (d). For purposes of 503 CMR 2.00, if a Claimant is the Owner or Operator of more than one Facility, the term shall apply to a specific Facility for which Reimbursement is sought, unless otherwise specified in 503 CMR 2.00. Closure or Closed. The removal or permanent closure 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. Conference. A scheduled appeal hearing pursuant to 503 CMR 2.18 between an Applicant and/or Applicant's representative and a Three-member Panel of the UST Board to discuss and to determine if the UST Fund Staff properly interpreted the provisions of M.G.L. c. 21J and 503 CMR 2.00 with respect to a particular Application or if extenuating circumstances warrant further review and consideration. Conference Determination(s) of the UST Board. The action(s) taken by the UST Board after receipt of the Decision(s) of the Three-member Panel. Damage to Natural Resources. Damage to natural resources arising from a Release and included within a Final Judgment. Decision(s) of the Three-member Panel, or Decision. The recommendation(s) of the Three-member Panel to the UST Board made after the Three-member Panel reviews a request by an Applicant or its representative at a Conference. Deductible Limit. The amount to be deducted from an amount otherwise available for Reimbursement before any Reimbursement from the Fund and set out in 503 CMR 2.16(2). Delivery Fee. The fee required by M.G.L. c. 21J, § 2 and 502 CMR 4.03: Delivery Fee, including all late fees and penalties. 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, UST Program, or the UST Fund Staff, including the Board's representative at DOR. 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 and registered with the MassDEP 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 non-commercial purposes; or is an Underground Storage Tank that is owned by the Federal government or the Commonwealth or any of its Political Subdivisions. Eligible Claimant. A Claimant who satisfies the requirements of 503 CMR 2.08 as determined by the Board and who is not the recipient or intended recipient of grants pursuant to 503 CMR 2.23. 2.02: continued Claim. A request for Reimbursement for a specific Facility filed pursuant to 503 CMR 2.10 made in a format specified by the Board. Claim for Reimbursement. A Claim that is complete, has been received and reviewed by the staff of the Board, and has been presented to the Board. Claimant. A Person who files a Claim. A Claimant does not include the recipients or potential recipients of grants under 503 CMR 2.23 pursuant to M.G.L. c. 21J, §§ 4(c) and (d). For purposes of 503 CMR 2.00, if a Claimant is the Owner or Operator of more than one Facility, the term shall apply to a specific Facility for which Reimbursement is sought, unless otherwise specified in 503 CMR 2.00. Closure or Closed. The removal or permanent closure 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. Conference. A scheduled appeal hearing pursuant to 503 CMR 2.18 between an Applicant and/or Applicant's representative and a Three-member Panel of the UST Board to discuss and to determine if the UST Fund Staff properly interpreted the provisions of M. G.L. c. 2 lJ and 503 CMR 2.00 with respect to a particular Application or if extenuating circumstances warrant further review and consideration. Conference Determination(s) of the UST Board. The action(s) taken by the UST Board after receipt of the Decision(s) of the Three-member Panel. Damage to Natural Resources. Damage to natural resources arising from a Release and included within a Final Judgment. Decision(s) of the Three-member Panel, or Decision. The recommendation(s) of the Three-member Panel to the UST Board made after the Three-member Panel reviews a request by an Applicant or its representative at a Conference. Deductible Limit. The amount to be deducted from an amount otherwise available for Reimbursement before any Reimbursement from the Fund and set out in 503 CMR 2.16(2). Delivery Fee. The fee required by M.G.L. c. 21J, § 2 and 502 CMR 4.03: Delivery Fee, including all late fees and penalties. 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, UST Program, or the UST Fund Staff, including the Board's representative at DOR. 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 and registered with the MassDEP 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 fornon-commercial purposes; or is an Underground Storage Tank that is owned by the Federal government or the Commonwealth or any of its Political Subdivisions. Eligible Claimant. A Claimant who satisfies the requirements of 503 CMR 2.08 as determined by the Board and who is not the recipient or intended recipient of grants pursuant to 503 CMR 2.23. Eligible Release. A Release that is eligible for Reimbursement based on the approval of the Application for Eligibility in accordance with 503 CMR 2.09(6). Executive Director. The individual employed by the Department of Revenue and responsible for the oversight of the UST Program and Staff. Facility. Describes a Dispensing Facility or Former Dispensing Facility. Final Judgment. The entry of an order or other action by a court of competent jurisdiction, including, without limitation, litigation ended by a court-approved settlement by the parties, with all rights of appeal being exhausted or waived or expired, except as arising under Rule 60 of the Massachusetts Rules of Civil Procedure or other similar provisions of Federal laws or the laws of any other state. Former Dispensing Facility. A facility known by its real property address in the Commonwealth of Massachusetts that was required to register a UST System, was operating on or after April 2, 1991, and at which the UST System was Closed and not replaced before July 1, 1994 and was properly registered; 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 non-commercial purposes; or is an Underground Storage Tank that is owned by the Federal government or the Commonwealth or any of its Political Subdivisions. Full Compliance or Compliance. Compliance with 527 CMR 1.00: Massachusetts Comprehensive Fire Safety Code, 310 CMR 80.00: Underground Storage Tank (UST) Systems, or similar then applicable regulations of MassDEP, DFS, and the Board, imposed upon the Owner or Operator, as the case may be, of an underground Storage Tank System, which requirements relate to the registration, construction, installation, maintenance, and operation of an Underground Storage Tank System. Fund. The Underground Storage Tank Petroleum Product Cleanup Fund Program, or Underground Storage Tank Program established pursuant to M.G.L. c. 21J. Gross Negligence. Any act or failure to act by the Owner or Operator, in reckless disregard of the consequences, which causes or allows a Release to occur or to continue. Hardship. The reason(s) that were the basis for a denial of an Application. Marinas. Any sheltered water area provided with docks, moorings, floats or buoys for Boats and with a UST System for fueling Boats. Motor Vehicle. Any on- or off-road motorized wheeled or tracked vehicle that is capable of self-propulsion, does not run on rails, and is not considered aircraft. Occurrence. An event that results in a Release regardless of the date of discovery. A Release caused by several sources or an unidentified source that requires a Response Action shall be considered as one Occurrence. A subsequent Release from a new or different source at the same Facility where the Response Action has not been Substantially Completed shall not be a separate Occurrence. 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. 2.02: continued Eligible Release. A Release that is eligible for Reimbursement based on the approval of the Application for Eligibility in accordance with 503 CMR 2.09(6). Executive Director. The individual employed by the Department of Revenue and responsible for the oversight of the UST Program and Staff. Facility. Describes a Dispensing Facility or Former Dispensing Facility. Final Judgment. The entry of an order or other action by a court of competent jurisdiction, including, without limitation, litigation ended by a court-approved settlement by the parties, with all rights of appeal being exhausted or waived or expired, except as arising under Rule 60 of the Massachusetts Rules of Civil Procedure or other similar provisions of Federal laws or the laws of any other state. Former Dispensing Facility. A facility known by its real property address in the Commonwealth of Massachusetts that was required to register a UST System, was operating on or after April 2, 1991, and at which the UST System was Closed and not replaced before July 1, 1994 and was properly registered; 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 non-commercial purposes; or is an Underground Storage Tank that is owned by the Federal government or the Commonwealth or any of its Political Subdivisions. Full Compliance or Compliance. Compliance with 527 CMR 1.00: Massachusetts Comprehensive Fire Safety Code, 310 CMR 80.00: Underground Storage Tank (UST) Systems, or similar then applicable regulations of MassDEP, DFS, and the Board, imposed upon the Owner or Operator, as the case may be, of an underground Storage Tank System, which requirements relate to the registration, construction, installation, maintenance, and operation of an Underground Storage Tank System. Fund. The Underground Storage Tank Petroleum Product Cleanup Fund Program, or Underground Storage Tank Program established pursuant to M.G.L. c. 21J. Gross Negligence. Any act or failure to act by the Owner or Operator, in reckless disregard of the consequences, which causes or allows a Release to occur or to continue. Hardship. The reason(s) that were the basis for a denial of an Application. Marinas. Any sheltered water area provided with docks, moorings, floats or buoys for Boats and with a UST System for fueling Boats. Motor Vehicle. Any on- or off-road motorized wheeled or tracked vehicle that is capable of self-propulsion, does not run on rails, and is not considered aircraft. Occurrence. An event that results in a Release regardless of the date of discovery. A Release caused by several sources or an unidentified source that requires a Response Action shall be considered as one Occurrence. A subsequent Release from a new or different source at the same Facility where the Response Action has not been Substantially Completed shall not be a separate Occurrence. 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 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. Political Subdivision. A city, town, district, county, commission, including bodies politic and corporate. For the purposes of 503 CMR 2.00, boards and authorities of the Federal Government and the Commonwealth of Massachusetts shall be considered Political Subdivisions. Proof of Payment. Proof of payment by a Person of eligible costs incurred as the result of an Eligible Release from a UST system. Proof of Payment shall include canceled checks (copies of the front and back of the check), bank records or other documentation acceptable to the Board. Property Damage. Damage to real or personal property that is eligible for reimbursement under the provisions of 503 CMR 2.12 and that is the subject of a Final Judgment. Diminution of property value is not considered Property Damage for purposes of 503 CMR 2.00. Registration of UST System. Notification to MassDEP of the existence of a UST, regardless of whether the UST is Closed. The notification shall be as specified by MassDEP. Reimbursement. Reimbursement to a Claimant or payment to a third party on behalf of a Claimant of an amount approved by the Board. Reimbursement Fee Schedule. The published rates for specific Response Actions, which include not-to-exceed rates for labor, equipment, and materials and a guidance workbook section to provide additional information on how these rates can be applied. Release. Any spilling, leaking, pumping, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposal into the environment of a Petroleum Product from any part of a UST System, excluding emissions from the exhaust of an engine, which has been reported to MassDEP and assigned a MassDEP release tracking number. A Release also includes a spill or overfill of Petroleum Product that occurs while being delivered into or removed from an UST System, provided that the transferring equipment was connected to the UST System and the Petroleum Product released made contact with a component of the UST System before the Release occurred. Removal. The cleanup or removal of Released Petroleum Product from the environment, the disposal of removed Petroleum Product, or the taking of such other actions as may be necessary to prevent, minimize, or mitigate damage to the health, safety, public welfare, or environment, which may result from the Release, provided, however, that a response shall not include removal or replacement of the UST System. Renewal Application or Application for Renewal or a Certificate of Compliance. An application filed by an Applicant pursuant to 503 CMR 2.07(2)(d). Request for Reconsideration. An appeal request filed pursuant to 503 CMR 2.18. Response Action. A cost-effective, reasonable and necessary action performed after the Release notification was 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, indoor air, sediment, or soils on or from a Site by Petroleum Products, including: Site Assessment, including investigations, monitoring, testing, and other information- gathering activities to identify; the source, nature, and extent of a Release; the extent of danger to the health, safety, public welfare, and the environment; and studies, services, and investigations to plan, manage, and direct Response Actions; and containment, including 2.02: continued 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. Political Subdivision. A city, town, district, county, commission, including bodies politic and corporate. For the purposes of 503 CMR 2.00, boards and authorities of the Federal Government and the Commonwealth of Massachusetts shall be considered Political Subdivisions. Proof of Payment. Proof of payment by a Person of eligible costs incurred as the result of an Eligible Release from a UST system. Proof of Payment shall include canceled checks (copies of the front and back of the check), bank records or other documentation acceptable to the Board. Property Damage. Damage to real or personal property that is eligible for reimbursement under the provisions of 503 CMR 2.12 and that is the subject of a Final Judgment. Diminution of property value is not considered Property Damage for purposes of 503 CMR 2.00. Registration of UST System. Notification to MassDEP of the existence of a UST, regardless of whether the UST is Closed. The notification shall be as specified by MassDEP. Reimbursement. Reimbursement to a Claimant or payment to a third party on behalf of a Claimant of an amount approved by the Board. Reimbursement Fee Schedule. The published rates for specific Response Actions, which include not-to-exceed rates for labor, equipment, and materials and a guidance workbook section to provide additional information on how these rates can be applied. Release. Any spilling, leaking, pumping, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposal into the environment of a Petroleum Product from any part of a UST System, excluding emissions from the exhaust of an engine, which has been reported to MassDEP and assigned a MassDEP release tracking number. A Release also includes a spill or overfill of Petroleum Product that occurs while being delivered into or removed from an UST System, provided that the transferring equipment was connected to the UST System and the Petroleum Product released made contact with a component of the UST System before the Release occurred. Removal. The cleanup or removal of Released Petroleum Product from the environment, the disposal of removed Petroleum Product, or the taking of such other actions as may be necessary to prevent, minimize, or mitigate damage to the health, safety, public welfare, or environment, which may result from the Release, provided, however, that a response shall not include removal or replacement of the UST System. Renewal Application or Application for Renewal or a Certificate of Compliance. An application filed by an Applicant pursuant to 503 CMR 2.07(2)(d). Request for Reconsideration. An appeal request filed pursuant to 503 CMR 2.18. Response Action. A cost-effective, reasonable and necessary action performed after the Release notification was 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, indoor air, sediment, or soils on or from a Site by Petroleum Products, including: Site Assessment, including investigations, monitoring, testing, and other information- gathering activities to identify; the source, nature, and extent of a Release; the extent of danger to the health, safety, public welfare, and the environment; and studies, services, and investigations to plan, manage, and direct Response Actions; and containment, including 503 CMR -9 actions taken in response to a Release to prevent or minimize such Release so that it does not migrate or otherwise cause or threaten substantial danger to present or future health, safety, public welfare, or the environment. Response Action shall also include necessary and required security measures, including the building of fences for the purpose of limiting and restricting access to a location where there has been a Release, and Removal. RTN. Release Tracking Number issued by MassDEP. Site. A Facility at which there has been a Release. Site Assessment. Those activities described in 503 CMR 2.02: Response Action. Substantially Completed. A Permanent Solution or a Permanent Solution with Conditions as defined in 310 CMR 40.0000: Massachusetts Contingency Plan, or as otherwise determined by the Board. Third Party Claim. Any Claim filed by an Owner or Operator of a UST System for monetary damages based on a Final Judgment against such Owner or Operator, establishing that another person has sustained Bodily Injury, Property Damage, or Damage to Natural Resources proximately caused by the Release. Third Party Inspection. This term shall have the same meaning as defined in 310 CMR 80.0000: Underground Storage Tank (UST) Systems. Three-member Panel. Three members of the UST Board selected to review a matter presented by an Applicant and/or Applicant's representative at a Conference. 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. Underground Storage Tank or UST shall not include a freestanding container within a building. For the purposes of 503 CMR 2.00, Underground Storage Tank or UST 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 2.00, a UST System does not include a fueling system that is designed for or is otherwise used primarily to fuel aircraft. UST Fund Staff, UST Staff, Staff of the Board, or Staff. Employees of the Department of Revenue that execute the responsibilities of the UST Program. Willful or Reckless Conduct. Any act or failure to act by the Owner or Operator in intentional disregard of the consequences, which causes or allows a Release to occur or to continue.