101.21 - DEFINITIONS.
101.21 DEFINITIONS.
As used in this part unless the context otherwise requires:
1. "Aboveground petroleum storage tank" means one or a
combination of tanks, including connecting pipes connected to the
tanks which are used to contain an accumulation of petroleum and the
volume of which, including the volume of the underground pipes, is
more than ninety percent above the surface of the ground.
Aboveground petroleum storage tank does not include any of the
following:
a. Aboveground tanks of one thousand one hundred gallons or
less capacity.
b. Tanks used for storing heating oil for consumptive use on
the premises where stored.
c. Underground storage tanks as defined by section 455B.471.
d. A flow-through process tank, or a tank containing a
regulated substance, other than motor fuel used for transportation
purposes, for use as part of a manufacturing process, system, or
facility.
2. "Nonoperational aboveground petroleum tank" means an
aboveground storage tank in which petroleum is not deposited or from
which petroleum is not dispensed on or after July 1, 1989.
3. "Operator" means a person in control of, or having
responsibility for, the daily operation of an aboveground petroleum
storage tank.
4. "Owner" means:
a. In the case of an aboveground petroleum storage tank in
use on or after July 1, 1989, a person who owns the aboveground
petroleum storage tank used for the storage, use, or dispensing of
petroleum.
b. In the case of an aboveground petroleum storage tank in
use before July 1, 1989, but no longer in use on or after that date,
a person who owned the tank immediately before the discontinuation of
its use.
5. "Petroleum" means petroleum as defined in section
455B.471.
6. "Release" means spilling, leaking, emitting, discharging,
escaping, leaching, or disposing from an aboveground petroleum
storage tank into groundwater, surface water, or subsurface soils.
7. "State fire marshal" means the state fire marshal or the
state fire marshal's designee.
8. "Tank site" means a tank or grouping of tanks within close
proximity of each other located on a facility for the purpose of
storing petroleum. Section History: Recent Form
89 Acts, ch 131, §4; 90 Acts, ch 1235, § 2; 2006 Acts, ch 1142,
§83
Referred to in § 424.2