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Alaska Statutes Title 46. Water, Air, Energy, and Environmental Conservation § 46.03.450. Definitions

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In AS 46.03.365 - 46.03.450,

(1) “chemical” means any substance defined in 42 U.S.C. 9601(14) (sec. 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980), as amended, and any substance having the characteristics identified or listed under 42 U.S.C. 6921 (sec. 3001 of the Solid Waste Disposal Act), regardless of whether the substance is a solid waste;

(2) “corrective action” means action necessary to stop the migration, determine the extent, and undertake recovery of petroleum after its unpermitted release;  clean up affected soil and groundwater;  and stabilize the site of the release to prevent or remove hazards to public health or the environment;

(3) “farm” means a tract of land devoted to the production of crops or raising animals, including fish, and associated residences and improvements;  “farm” includes fish hatcheries, rangelands, and nurseries with growing operations;

(4) “petroleum” means crude oil or any fraction of crude oil that is liquid at 60 degrees Fahrenheit and pressure of 14.7 pounds per square inch absolute;  “petroleum” includes petroleum-based substances comprised of a complex blend of hydrocarbons derived from crude oil through processes of separation, conversion, upgrading, and finishing, such as motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, and used oils;

(5) “release” has the meaning given in AS 46.08.900;

(6) “site assessment” means investigation of suspected underground petroleum storage tank system leaks and source identification;

(7) “tank system” means an underground petroleum storage tank system;

(8) “underground storage tank” means one or a combination of stationary devices, including underground pipes connected to the devices, that is designed to contain an accumulation of petroleum, the volume of which, including the volume of underground pipes, is 10 percent or more beneath the surface of the ground, except that the term does not include a

(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, regulated under 49 U.S.C. 60101 et seq. or that is an intrastate pipeline facility regulated under state laws comparable to the provisions of 49 U.S.C. 60101 et seq.;

(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;

(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;

(J) tank with a capacity of 110 gallons or less;

(K) tank containing hazardous wastes regulated under 42 U.S.C. 6921--6939b;  or

(L) tank system that the department has exempted by regulations adopted under AS 46.03.365;

(9) “underground petroleum storage tank system” means an underground storage tank containing petroleum together with its underground ancillary equipment and related containment system, if any;  in this paragraph, “ancillary equipment” means devices used to distribute, meter, or control the flow of petroleum to and from the system, including piping, fittings, flanges, valves, and pumps.

Cite this article: FindLaw.com - Alaska Statutes Title 46. Water, Air, Energy, and Environmental Conservation § 46.03.450. Definitions - last updated April 21, 2021 | https://codes.findlaw.com/ak/title-46-water-air-energy-and-environmental-conservation/ak-st-sect-46-03-450.html


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