42 U.S.C. § 6991 : US Code - Section 6991: Definitions and exemptions

Search 42 U.S.C. § 6991 : US Code - Section 6991: Definitions and exemptions

In this subchapter:
(1) Indian tribe. -
(A) In general. - The term "Indian tribe" means any Indian
tribe, band, nation, or other organized group or community that
is recognized as being eligible for special programs and
services provided by the United States to Indians because of
their status as Indians.
(B) Inclusions. - The term "Indian tribe" includes an Alaska
Native village, as defined in or established under the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.); and (!1)
(2) The term "nonoperational storage tank" means any
underground storage tank in which regulated substances will not
be deposited or from which regulated substances will not be
dispensed after November 8, 1984.
(3) The term "operator" means any person in control of, or
having responsibility for, the daily operation of the underground
storage tank.
(4) The term "owner" means -
(A) in the case of an underground storage tank in use on
November 8, 1984, or brought into use after that date, any
person who owns an underground storage tank used for the
storage, use, or dispensing of regulated substances and
(B) in the case of any underground storage tank in use before
November 8, 1984, but no longer in use on November 8, 1984, any
person who owned such tank immediately before the
discontinuation of its use.
(5) The term "person" has the same meaning as provided in
section 6903(15) of this title, except that such term includes a
consortium, a joint venture, and a commercial entity, and the
United States Government.
(6) The term "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).
(7) The term "regulated substance" means -
(A) any substance defined in section 9601(14) of this title
(but not including any substance regulated as a hazardous waste
under subchapter III of this chapter), and
(B) petroleum.
(8) The term "release" means any spilling, leaking, emitting,
discharging, escaping, leaching, or disposing from an underground
storage tank into ground water, surface water or subsurface
soils.
(9) Trust fund. - The term "Trust Fund" means the Leaking
Underground Storage Tank Trust Fund established by section 9508
of title 26.
(10) The term "underground storage tank" means any one or
combination of tanks (including underground pipes connected
thereto) which is used to contain an accumulation of regulated
substances, and the volume of which (including the volume of the
underground pipes connected thereto) is 10 per centum or more
beneath the surface of the ground. Such term does not include any
-
(A) farm or residential tank of 1,100 gallons or less
capacity used for storing motor fuel for noncommercial
purposes,
(B) tank used for storing heating oil for consumptive use on
the premises where stored,
(C) septic tank,
(D) pipeline facility (including gathering lines) -
(i) which is regulated under chapter 601 of title 49, or
(ii) which is an intrastate pipeline facility regulated
under State laws as provided in chapter 601 of title 49,
and which is determined by the Secretary to be connected to a
pipeline or to be operated or intended to be capable of
operating at pipeline pressure or as an integral part of a
pipeline,
(E) surface impoundment, pit, pond, or lagoon,
(F) storm water or waste water collection system,
(G) flow-through process tank,
(H) liquid trap or associated gathering lines directly
related to oil or gas production and gathering operations, or
(I) storage tank situated in an underground area (such as a
basement, cellar, mineworking, drift, shaft, or tunnel) if the
storage tank is situated upon or above the surface of the
floor.
The term "underground storage tank" shall not include any pipes
connected to any tank which is described in subparagraphs (A)
through (I).