2012 Delaware Code
Title 7 - Conservation
CHAPTER 74A. THE JEFFREY DAVIS ABOVEGROUND STORAGE TANK ACT
§ 7402A. Definitions.

The following words, terms and phrases, when used in this chapter, have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(1) "Aboveground storage tank" means a single aboveground containment vessel having a capacity of greater than 250 gallons and currently or previously having contained regulated substances on or after January 1, 1992. The term includes all ancillary aboveground pipes and dispensing systems up to the first point of isolation and all ancillary underground pipes and dispensing systems. Within this definition, the word "vessel" includes any container that can be partially visually inspected from the exterior in an underground area. The term "aboveground storage tank" does not include any of the following:

a. Septic tanks;

b. Pipeline facilities (including gathering lines) regulated under the Hazardous Liquid Pipeline Safety Act of 1979, as amended [49 U.S.C. § 60101 et seq.];

c. Surface impoundments, pits, ponds or lagoons;

d. Liquid traps or associated gathering lines directly related to oil or gas production or gathering operations;

e. Flow-through process tanks that contain a regulated substance or substances and that form an integral part of a production process through which there is a steady, variable, recurring or intermittent flow of material during the operation of the process. Flow-through process tanks include, but are not limited to, seal tanks, surge tanks, bleed tanks, check and delay tanks, phase separator tanks or tanks in which physical or chemical change of a material is accomplished. A flow-through process tank does not include:

1. A tank that is used for the storage of material before its introduction into a production process;

2. A tank that is used for storage of products or by-products from the production process; or

3. A tank that is used only to recirculate materials;

f. Transformers, regulators and breakers used for the sole purpose of electrical power distribution and transmission; or

g. Containment vessels operated as part of a publicly owned treatment works as defined pursuant to § 6002 of this title and regulated pursuant to § 6003 of this title or used for the storage and conveyance of wastewater to a treatment plant regulated in accordance with the requirements of the Clean Water Act [33 U.S.C. § 1251 et seq.].

(2) "Department" means the Department of Natural Resources and Environmental Control.

(3) "Existing tank" means a tank for which substantial physical installation began prior to July 8, 2002. The term "substantial physical installation" includes, but is not limited to, a permit or contract for the installation.

(4) "Facility" means a location or part thereof containing or having contained 1 or more aboveground storage tanks.

(5) "Heating fuel" means a type of fuel oil that is 1 of 7 technical grades. These grades are: No. 1, No. 2, No 4-light, No. 4-heavy, No. 5-light, No. 5-heavy and No. 6 residual.

(6) "In-service tank" means an aboveground storage tank that:

a. Is being actively maintained or operated;

b. Contains a regulated substance or has a regulated substance regularly added to or withdrawn from the tank; or

c. Is emptied solely for the purpose of cleaning, routine maintenance or a change in product, for a time period not to exceed 45 days.

(7) "New aboveground storage tank" means a tank for which substantial physical installation began on or after July 8, 2002.

(8) "Operator" means a person operating a facility or who has operated a facility, including, but not limited to, by lease, contract or other form of authorization agreement

(9) "Orphan tank" means:

a. A tank for which the last person to operate the tank cannot be identified; or

b. A tank on property as to which the property owner can establish that the owner did not obtain and could not have obtained, through the exercise of reasonable and due diligence, knowledge of the existence of the tank prior to purchase of the property.

(10) "Out-of-service tank" means a tank that is:

a. Designated as an out-of-service tank by the owner or operator; and the owner or operator shall provide notification to the Department on a Department registration form;

b. An empty tank; or

c. Not in use, in that it has not had, within any 45-day period, a regulated substance transferred into or withdrawn from it and has been drained of all contents and is empty.

(11) "Owner" means a person:

a. Who has or has had a legal interest in a facility or aboveground storage tank; or

b. Who has or has had an equitable interest in a facility or aboveground storage tank, except when a person holds an interest in a tank as a security interest, unless through foreclosure or other such action the holder has taken possession of or operated the tank.

(12) "Person" means an entity, individual, trust, firm, joint stock company, federal agency, corporation (including a government corporation), partnership, company, association, state, municipality, commission, political subdivision of a state, or any interstate body.

(13) "Release" means the spilling, leaking, discharging, leaching or disposing of a regulated substance into groundwater, surface water, soil or air that is not permitted by law, regulation or permit.

(14) "Retrofit" means to modify an aboveground storage tank to meet standards contained in regulations promulgated under this chapter.

(15) "Regulated substance" means a liquid or gas that:

a. Contains 1 percent or more of a hazardous substance as defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980 [42 U.S.C. § 9601(14)] and any amendments thereto;

b. Contains 0.1 percent or more of a carcinogen as defined by EPA in the Integrated Risk Information System (IRIS) April 2002 and as updated;

c. Is a petroleum product, 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); or

d. Is a substance determined by the Secretary through regulation to present a risk to public health or welfare or the environment if released into the environment.

(16) "State" means the State of Delaware.

73 Del. Laws, c. 366, § 1.;