224.60-115 Definitions for KRS 224.60-120 to 224.60-150.
As used in KRS 224.60-120 to 224.60-150, unless the context otherwise requires:
(1) "Bodily injury and property damage" means only those actual economic losses to an
individual or the individual's property resulting from bodily injuries and damages to
property caused by a release into the environment from a petroleum storage tank. In
this context, property damage includes damage to natural resources;
(2) "Cabinet" means the Energy and Environment Cabinet;
(3) "Claim" means any demand in writing for a certain sum;
(4) "Corrective action" means those actions necessary to protect human health and the
environment in the event of a release from a petroleum storage tank. Corrective
action includes initial responses taken pursuant to KRS 224.60-135, remedial
actions to clean up contaminated groundwater, surface waters, or soil, actions to
address residual effects after initial corrective action is taken, and actions taken to
restore or replace potable water supplies. Corrective action also includes actions
necessary to monitor, assess, and evaluate a release, as well as actions necessary to
monitor, assess, and evaluate the effectiveness of remedial action after a release has
occurred;
(5) "Dealer" means a person required to be licensed as a gasoline or special fuels dealer
as defined in KRS 138.210(2);
(6) "Division" means the Division of Waste Management;
(7) "Facility" means, with respect to any owner or operator, all petroleum storage tanks
which are owned or operated by an owner or operator and are located on a single
parcel of property or on any contiguous or adjacent property;
(8) "Federal regulations" means regulations for underground petroleum storage tanks
promulgated by the United States Environmental Protection Agency pursuant to
Subtitle I of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act;
(9) "Free product" means a regulated substance that is present as a non-aqueous phase
liquid;
(10) "Fund" means the petroleum storage tank environmental assurance fund and its
subaccounts, the financial responsibility account and the petroleum storage tank
account established pursuant to KRS 224.60-140;
(11) "Gasoline" means gasoline as defined in KRS 138.210(4);
(12) "Motor fuel" means petroleum or a petroleum-based substance that is motor
gasoline, aviation gasoline, No. 1 or No. 2 diesel fuel, or any grade of gasohol, that
is typically used in the operation of a motor engine, jet fuel, and any petroleum or
petroleum-based substance typically used in the operation of a motor vehicle,
including used motor vehicle lubricants and oils;
(13) "Occurrence" means a release, or releases, of an accidental nature, requiring
corrective action, from a petroleum storage tank or tanks located at the same
facility, due to continuous or repeated exposure to conditions. An additional release
or releases at the same facility in which the area requiring remedial action is
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
separate from a previous remediation area or areas shall be considered a separate
occurrence;
"Person" means an individual, trust, firm, joint stock company, federal agency,
corporation, the state, a municipality, commission, or political subdivision of the
state. The term includes a consortium, a joint venture, the United States
government, or a commercial entity;
"Petroleum" and "petroleum products" means crude oil, or any fraction thereof,
which is liquid at standard conditions of temperature and pressure, which means at
sixty (60) degrees Fahrenheit and 14.7 pounds per square inch absolute. The term
includes motor gasoline, gasohol, other alcohol-blended fuels, diesel fuel, heating
oil, special fuels, lubricants, and used oil;
"Petroleum storage tank" means an underground storage tank, as defined by KRS
224.60-100, which contains petroleum or petroleum products but, for the purpose of
participation or eligibility for the fund, shall only include tanks containing motor
fuels and shall not include petroleum storage tanks used exclusively for storage of
fuel used in the operation of a commercial ship or vessel or tanks used exclusively
for storage of fuel used for the purposes of powering locomotives or tanks owned by
a federal agency or the United States government;
"Petroleum storage tank operator" means any person in control of, or having
responsibility for, the daily operation of a petroleum storage tank;
"Petroleum storage tank owner" means the person who owns a petroleum storage
tank, except that petroleum storage tank owner does not include any person who,
without participation in the management of a petroleum storage tank, holds indicia
of ownership primarily to protect a security interest in the tank;
"Received" means the same as defined in KRS 138.210(5);
"Release" means any spilling, leaking, emitting, discharging, escaping, leaching, or
disposing from a petroleum storage tank into groundwater, surface water, or surface
or subsurface soils. The term shall not include releases that are permitted or
authorized by the state or federal law;
"Special fuels" means special fuels as defined in KRS 138.210(4); and
"Third party" means a person other than the owner or operator of a facility, or the
agents or employees of the owner or operator, who sustains bodily injury or
property damage as a result of a release from that facility.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 377, effective July 15, 2010. -- Amended
2005 Ky. Acts ch. 123, sec. 24, effective June 20, 2005. -- Amended 2002 Ky. Acts
ch. 361, sec. 1, effective July 15, 2002. -- Amended 1998 Ky. Acts ch. 284, sec. 1,
effective July 15, 1998; and ch. 498, sec. 2, effective July 15, 1998. -- Amended
1996 Ky. Acts ch. 295, sec. 1, effective July 15, 1996. -- Amended 1994 Ky. Acts
ch. 419, sec. 1, effective April 11, 1994. – Amended 1992 Ky. Acts ch. 450, sec. 1,
effective April 13, 1992. -- Created 1990 Ky. Acts ch. 370, sec. 2, effective April 9,
1990.
Formerly codified as KRS 224.816.
Legislative Research Commission Note (2/9/93). -- When this statute was created in
1990, the introductory phrase "As used in KRS 224.60-120 to 224.60-150, unless the
context otherwise requires:" appeared before subsection (1) of the statute. See 1990
Ky. Acts ch. 370, sec. 2. The 1992 amendment to this statute, however, did not
include this language. See 1992 Ky. Acts ch. 450, sec. 1. This erroneous omission
has been corrected by restoring the language in question as required by KRS
446.280.
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