2006 Minnesota Statutes

115C.02 DEFINITIONS.
    Subdivision 1. Applicability. The definitions in this section apply to this chapter.
    Subd. 1a.[Repealed, 1995 c 254 art 1 s 97]
    Subd. 2. Agency. "Agency" means the Pollution Control Agency.
    Subd. 2a. Applicant. "Applicant" means a person eligible under section 115C.09 to receive
reimbursement from the fund.
    Subd. 3. Board. "Board" means the Petroleum Tank Release Compensation Board.
    Subd. 4. Corrective action. "Corrective action" means an action taken to minimize,
eliminate, or clean up a release to protect the public health and welfare or the environment.
    Subd. 5. Commissioner. "Commissioner" means the commissioner of the Pollution Control
Agency.
    Subd. 5a. Consultant. "Consultant" means an individual, partnership, association, private
corporation, or any other legal entity that actually performs consulting services. Consulting
services include the rendering of professional opinion, advice, or analysis regarding a release.
    Subd. 5b. Contractor. "Contractor" means an individual, partnership, association, private
corporation, or any other legal entity that actually performs contractor services. Contractor
services means products and services within a scope of work that can be defined by typical written
plans and specifications including, but not limited to, excavation, treatment of contaminated soil
and groundwater, soil borings and well installations, laboratory analysis, surveying, electrical
work, plumbing, carpentry, and equipment.
    Subd. 6.[Renumbered subd 1a]
    Subd. 6a. Fund. "Fund" means the petroleum tank release cleanup fund.
    Subd. 7. Operator. "Operator" means a person in control of, or having responsibility for, the
daily operation of a tank.
    Subd. 8. Owner. "Owner" means a person who holds title to, controls, or possesses an
interest in a tank. "Owner" does not include a person who holds an interest in a tank solely for
financial security, unless through foreclosure or other related actions the holder of a security
interest has taken possession of the tank and fails to take all necessary corrective action as a
volunteer under section 115C.09. The state or an agency of the state is not an owner solely
because it holds title to a tank or to real property where the tank is located in trust for taxing
districts as a result of forfeiture of title for nonpayment of taxes.
    Subd. 9. Person. "Person" means an individual, partnership, association, public or private
corporation, or other legal entity, including the United States government, an interstate
commission or other body, the state, or any agency, board, bureau, office, department, or political
subdivision of the state.
    Subd. 10. Petroleum. "Petroleum" means:
(1) liquid petroleum products as defined in section 296A.01;
(2) new and used lubricating oils; and
(3) new and used hydraulic oils used in lifts to raise motor vehicles or farm equipment and
for servicing or repairing motor vehicles or farm equipment.
    Subd. 10a. Petroleum refinery. "Petroleum refinery" means a facility engaged in producing
gasoline, kerosene, distillate fuel oils, residual fuel oil, lubricants, or other products through
distillation of petroleum or through redistillation, cracking, or reforming of unfinished petroleum
derivatives. "Petroleum refinery" includes fluid catalytic cracking unit catalyst regenerators, fluid
catalytic cracking unit incinerator-waste heat boilers, fuel gas combustion devices, and indirect
heating equipment associated with the refinery.
    Subd. 11. Political subdivision. "Political subdivision" means a county, a town, or a
statutory or home rule charter city.
    Subd. 11a.[Repealed, 1Sp2001 c 2 s 162]
    Subd. 12. Release. "Release" means a spilling, leaking, emitting, discharging, escaping,
leaching, or disposing of petroleum from a tank into the environment whether occurring before or
after June 4, 1987, but does not include discharges or designed venting allowed under agency
rules.
    Subd. 12a.[Repealed, 1Sp2001 c 2 s 162]
    Subd. 13. Responsible person. "Responsible person" means a person who is responsible for
a release under section 115C.021.
    Subd. 14. Tank. "Tank" means any one or a combination of containers, vessels, and
enclosures, including structures and appurtenances connected to them, that is, or has been, used to
contain, dispense, store, or transport petroleum.
"Tank" does not include pipeline facilities, including gathering lines, regulated under
the Natural Gas Pipeline Safety Act of 1968, United States Code, title 49, chapter 24, or the
Hazardous Liquid Pipeline Safety Act of 1979, United States Code, title 49, chapter 29.
    Subd. 15. Tank facility. "Tank facility" means a contiguous area where tanks are located
that are under the same ownership or control.
History: 1987 c 186 s 15; 1987 c 389 s 2; 1988 c 686 art 1 s 57; 1989 c 335 art 4 s 44; 1990
c 501 s 1,2; 1990 c 586 s 3; 1992 c 414 s 1; 1992 c 490 s 2-4; 1992 c 575 s 53; 1993 c 341 art 1 s
2,3; 1Sp1993 c 6 s 2; 1995 c 240 art 1 s 1,2; 1995 c 254 art 1 s 67; 1996 c 308 s 1,2; 1998 c 299 s
30; 2002 c 325 s 1,2; 2003 c 128 art 1 s 130