Section 324.21503 - Definitions; P to W.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT)
Act 451 of 1994
324.21503 Definitions; P to W.
Sec. 21503.
As used in this part:
(a) "Payment voucher" means a form prepared by the department that specifies payment authorization by the department to the department of treasury.
(b) "Petroleum" means crude oil, crude oil fractions, and refined petroleum fractions including gasoline, kerosene, heating oils, and diesel fuels.
(c) "Petroleum underground storage tank system" means an underground storage tank system used for the storage of petroleum.
(d) "Precertification application" means the application submitted by an owner or operator seeking the department's eligibility determination for reimbursement for the costs of corrective action from the temporary reimbursement program.
(e) "Refined petroleum" means aviation gasoline, middle distillates, jet fuel, kerosene, gasoline, residual oils, and any oxygenates that have been blended with any of these.
(f) "Refined petroleum fund" means the refined petroleum fund established under section 21506a.
(g) "Refined petroleum product cleanup initial program" means the program established in section 21553.
(h) "Refined petroleum product cleanup program" means the refined petroleum product cleanup initial program and the program based upon the recommendations of the petroleum cleanup advisory council under section 21552(10).
(i) "Regulated financial institution" means a state or nationally chartered bank, savings and loan association or savings bank, credit union, or other state or federally chartered lending institution or a regulated affiliate or regulated subsidiary of any of these entities.
(j) "Regulatory fee" means the environmental protection regulatory fee imposed under section 21508.
(k) "Release" means any spilling, leaking, emitting, discharging, escaping, or leaching from a petroleum underground storage tank system into groundwater, surface water, or subsurface soils.
(l) "Site" means a location where a release has occurred or a threat of a release exists from an underground storage tank system, excluding any location where corrective action was completed which satisfies the cleanup criteria for unrestricted residential use under part 213.
(m) "Temporary reimbursement program" means the program established in section 21554.
(n) "Underground storage tank system" means an existing tank or combination of tanks, including underground pipes connected to the tank or tanks, which is or was used to contain an accumulation of regulated substances, and is not currently being used for any other purpose, and the volume of which, including the volume of the underground pipes connected to the tank or tanks, is 10% or more beneath the surface of the ground. An underground storage tank system includes an underground storage tank that is properly closed in place pursuant to part 211 and rules promulgated under that part. An underground storage tank system does not include any of the following:
(i) A farm or residential tank of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes.
(ii) A tank used for storing heating oil for consumptive use on the premises where the tank is located.
(iii) A septic tank.
(iv) A pipeline facility, including gathering lines regulated under either of the following:
(A) The natural gas pipeline safety act of 1968, Public Law 90-481, 49 USC Appx 1671 to 1677, 1679a to 1682, and 1683 to 1687.
(B) Sections 201 to 215, 217, and 219 of the hazardous liquid pipeline safety act of 1979, title II of the pipeline safety act of 1979, Public Law 96-129, 49 USC Appx 2001 to 2015.
(v) A surface impoundment, pit, pond, or lagoon.
(vi) A storm water or wastewater collection system.
(vii) A flow-through process tank.
(viii) A liquid trap or associated gathering lines directly related to oil or gas production and gathering operations.
(ix) A 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.
(x) Any pipes connected to a tank described in subparagraphs (i) to (ix).
(xi) An underground storage tank system holding hazardous wastes listed or identified under subtitle C of the solid waste disposal act, title II of Public Law 89-272, 42 USC 6921 to 6939e, or a mixture of such hazardous waste and other regulated substances.
(xii) A wastewater treatment tank system that is part of a wastewater treatment facility regulated under section 307(b) of title III or section 402 of title IV of the federal water pollution control act, 33 USC 1317 and 1342.
(xiii) Equipment or machinery that contains regulated substances for operational purposes such as hydraulic lift tanks and electrical equipment tanks.
(xiv) An underground storage tank system with a capacity of 110 gallons or less.
(xv) An underground storage tank system that contains a de minimis concentration of regulated substances.
(xvi) An emergency spill or overflow containment underground storage tank system that is expeditiously emptied after use.
(xvii) A wastewater treatment tank system.
(xviii) An underground storage tank system containing radioactive material that is regulated under the atomic energy act of 1954, chapter 1073, 68 Stat. 919.
(xix) An underground storage tank system that is part of an emergency generator system at nuclear power generation facilities regulated by the nuclear regulatory commission under 10 CFR part 50, appendix A to part 50 of title 10 of the code of federal regulations.
(xx) Airport hydrant fuel distribution systems.
(xxi) Underground storage tank systems with field-constructed tanks.
(o) "Work invoice" means an original billing acceptable to the administrator and signed by the owner or operator and a consultant that includes all of the following:
(i) The name, address, and federal tax identification number of each contractor who performed work.
(ii) The name and social security number of each employee who performed work.
(iii) A specific itemized list of the work performed by each contractor and an itemized list of the cost of each of these items.
(iv) A statement that the consultant employed a documented sealed competitive bidding process for any contract award exceeding $5,000.00.
(v) If the consultant did not accept the lowest responsive bid received, a specific reason why the lowest responsive bid was not accepted.
(vi) Upon request of the administrator, a list of all bids received.
(vii) Proof of payment of the co-pay amount as required under section 21514.
History: 1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 1996, Act 181, Imd. Eff. May 3, 1996 ;-- Am. 2006, Act 318, Imd. Eff. July 20, 2006
Popular Name: Act 451
Popular Name: NREPA