(a) The term, “abandoned underground storage tank” means an underground storage that:
(1) is not intended to be returned to service;
(2) has been out of service for more than one year;
(3) has been rendered permanently unfit for use; or
(4) has not been subjected to tank closure consistent with the provisions of this chapter.
(b) The term, “above-ground release” includes any release to the surface of the land or to surface water, releases from the above-ground portion of an underground storage tank system and about ground releases associated with overfills and transfer operations as the regulated substance moves to or from an Underground Storage Tank system.
(c) The term, “Act” means Virgin Islands Underground Storage Tank Act.
(d) The term, “ancillary equipment” means any devices including, piping, fittings, flanges, valves, and pumps used to distribute, meter, or control the flow of regulated substances to and from as underground storage tank.
(e) The term, “below-ground release” means any release to the subsurface of the land and to ground water. This includes, but is not limited below-ground portions of an Underground Storage Tank system and below ground releases associated with overfills and transfer operations as the regulated substance moves to or from an UST system.
(f) The term, “cathodic protection” means a technique to prevent corrosion of a metal surface by making that surface the cathode of an electrochemical cell.
(g) The term, “certification” means the recognition by the Department that a person is competent and thus authorized to perform or supervise the performance of any task consistent with the provisions of this chapter and his certificate classification.
(h) The term, “Commissioner” means the Commissioner of the Department of Planning and Natural Resources or the Commissioner's designee.
(i) The term, “corrective action” means those actions necessary to protect human health and the environment in the event of a release from an UST System. Corrective action includes those activities required for response to and cleanup of regulated substances from underground storage tanks, including, initial response, initial abatement measures and site check, initial site characterization, free product removal, investigations and remedial actions to clean up soil, subsoil, surface water and ground water and preparation and implementation of a corrective action plan which shall include actions necessary to monitor, assess and evaluate the effectiveness of remedial action after a release has occurred.
(j) The term, “Department” means the Virgin Islands Department of Planning and Natural Resources.
(k) The term, “excavation zone” means the volume containing the tank system and back-fill material bounded by the ground surface, walls and floor of the pit and trenches into which the UST system is placed at the time of installation.
(l) The term, “existing underground storage tank system” means a tank system used to contain an accumulation of regulated substances or for which installation has commenced on or before December 22, 1988. Commencement of Installation means:
(1) The owner or operator has obtained all federal and territory local approvals or permit necessary to begin physical construction of the site or installation of the tank system and if:
(2) Either a continuous on-site physical construction has begun; or
(3) The owner or operator has entered into contractual obligations, that cannot be canceled or modified without substantial loss, for physical construction at the site or installation of the tank system to be completed within a reasonable time.
(m) The term, “free product” means a regulated substance that is present as a non-aqueous liquid, e.g. liquid not dissolved in water.
(n) The term, “hazardous substance UST system” means an underground storage tank system that contains a hazardous substance defined in section 101(14) of the federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, but does not mean a substance regulated as a hazardous waste under subtitle C of the Resource Conservation and Recovery Act, or a mixture of such a substance and petroleum, and which is not a petroleum system.
(o) The term, “maintenance” means the normal operational upkeep to prevent an underground storage tank from releasing product.
(p) The term, “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, and is typically used in the operation of a motor engine.
(q) The term, “monitoring system” means a system capable of detecting leaks or discharges, or both leaks and discharges, other than an inventory control system, used in conjunction with an UST system and tightness testing.
(r) The term, “new tank system” means a tank system that will be used to contain an accumulation of regulated substances and for which installation has commenced after December 22, 1988. See, “existing tank system in subsection (k) of this section.
(s) The term, “non-operational underground storage tank” means any underground storage tank, which contains no, regulated substances or from which no regulated substances are dispensed.
(t) The term, “operational underground storage tank” means any underground storage tank that contains regulated substances, are dispensed.
(u) The term, “operator” means any person in control of, or having responsibility for the daily operation of the UST system.
(v) The term, “overfill release” means a release that occurs when a tank is filled beyond its capacity, resulting in a discharge of the regulated substance to the environment.
(w) The term, “owner” means:
(1) in the case of an UST system in use on November 8, 1984, or brought into use or capable of being used after that date, any person who owns an UST system used for storage, use, or dispensing of regulated substances; and
(2) in the case of any UST system in use before November 8, 1984, but no longer in use or capable of being used on that date, any person who owned such UST system immediately before the discontinuance of its use. The term “owner” does not include any person who, without participating in the management of an underground storage tank and otherwise not engaged in petroleum production, refining, and marketing, holds indicia of ownership primarily to protect that person's security interest in the underground storage tank.
(x) The term, “person” means an individual, corporation, partnership, association, firm, consortium, joint venture, joint stock company, trust or the Government of the Virgin Islands or any department, agency, board, commission, authority, instrumentality or political subdivision of the Territory, or of any state or of the federal government or any interstate body or any other legal or commercial entity.
(y) The term, “petroleum” and “petroleum products” includes crude oil, or any fraction thereof which is liquefied 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 fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, and used oils.
(z) The term, “petroleum UST” system means an underground storage tank system that contains petroleum or a mixture of petroleum with de minimis quantities of other regulated substances. Such systems include those containing motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents and used oils.
(aa) The term pipe or piping means a hollow cylinder or tabular conduit that is constructed of non-earthen materials.
(bb) The term, “regulated substance” means:
(1) any substance defined in section 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, but does not include any substance regulated as a hazardous waste under subtitle C of the Resource Conservation and Recovery Act;
(2) petroleum, including crude oil or any fraction thereof that is liquid at standard conditions of temperature and pressure 60 degrees Fahrenheit and 14.7 pounds per square inch absolute; and
(3) any other substance designated by regulation promulgated by the Commissioner. The term “regulated substance” includes but is not limited to petroleum and petroleum-based substances comprised of a complex blend of hydrocarbons derived from crude oil through processes of separation, conversion, upgrading, finishing, such as motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents and used oils.
(cc) The term, “release” means any spilling, leaking, emitting, discharging, escaping, leaching, or disposing from as UST into groundwater, surface water, soils or sub soils.
(dd) The term, “release detection” means determining whether a release of a regulated substance has occurred from the UST system into the environment or into the interstitial space between the UST system and its secondary barrier or secondary containment around it.
(ee) The term, “repair” means to restore a tank or UST system component that has caused a release of product from an UST system.
(ff) The term, “tank” means a stationery device designed to contain an accumulation of regulated substances and constructed of non-earthen materials, such as concrete, steel, fiberglass, plastic, that provide structural support.
(gg) The term, “tank” means a stationary device constructed of non-earthen materials, such as steel, plastic, or other such materials, and designed to contain an accumulation of regulated substances.
(hh) The term, “tank integrity test” means a test or a series of tests or other appropriate procedures prescribed by the Department to ascertain the conditions of an UST system.
(ii) The term, “territory” means the United States Virgin Islands and St. Croix, St. Thomas, St. John, and Water Island, and all associated islands and cays within the United States Virgin Islands waters as defined in section 2 (a) of the Revised Organic Act of the Virgin Islands.
(jj) The term, “third party liability” means:
(1) in reference to bodily injury; specific physical bodily injury approximately resulting from exposure, explosion, or fire caused by the presence of a release from a regulated UST system and which is incurred by a person other than the owner or operator, employees or agents of the landlord of an owner or operator; and
(2) in reference to property damage; actual physical damage or damage due to specific loss of normal use of property owned by a person other than either the owner or operator of an underground storage tank from which a release has occurred or the landlord of an owner or operator of the underground storage tank from which a release has occurred.
(kk) The term, “underground storage tank” means any one or combination of tanks, including underground pipes connected thereto, which is used to contain an accumulation of regulated substances and the volume of which (including the volume of the underground pipes connected thereto) is 10 percent or more beneath the surface of the ground. This term does not include any:
(1) farm or residential tanks of five hundred (500) gallons or less capacity used for storing motor fuel for noncommercial purposes;
(2) heating oil tanks used for consumptive use on the premises where the heating oil is stored;
(3) septic tanks;
(4) pipeline facilities, including gathering lines, regulated under the Natural Gas and Pipeline Safety Act of 1968, the Hazardous Pipeline Act of 1979, or which is an intrastate pipeline facility regulated under comparable state laws;
(5) surface impoundments, pits, ponds, or lagoons;
(6) storm-water or wastewater collection systems;
(7) flow-through process tanks;
(8) liquid traps or associated gathering lines directly related to oil or gas production and gathering operations;
(9) a storage tank situated in an underground area, such as a basement, cellar, mine working, drift, shaft, or tunnel, if the storage tank is situated upon or above the surface of the floor. The term underground storage tank“ or ”UST“ does not include any pipes connected to any tank, which is described in paragraphs (1) through (8) of this definition.
(ll) The term, “underground area” means an underground room, such as a basement, cellar, shaft, or vault, providing enough space for physical inspection of the exterior of the tank situated on or above the surface of the floor.
(mm) The acronym, “UST” means “underground storage tank”
(nn) The term, “UST system” or “tank system” means an underground storage tank, connected underground piping, underground ancillary equipment and contamination system, if any.
(oo) The term, “upgrade” means the addition or retrofit of some systems such as cathodic protection, lining or spill and overfill controls to improve the ability of an underground storage tank system to prevent the release of product.
(pp) The term, “wastewater treatment tank” means a tank that is designed to receive and treat an influent wastewater through physical, chemical or biological methods.