2000 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 Repealed, 1995 c 254 art 1 s 97 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 provides 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 provides 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.  MS 1990 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.    Preremoval site assessment.  "Preremoval 
 site assessment" means actions defined in section 115C.092 which 
 are taken by a registered consultant or the consultant's 
 subcontractor prior to the removal of a tank in order to 
 determine whether a release has occurred in the area immediately 
 surrounding the tank. 

    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.    Residential site.  "Residential site" 
 means a site containing a residence used for permanent 
 habitation by an applicant.  A residence may be part of a 
 multipurpose or multidwelling building, but shall not include 
 multidwelling units which contain more than two separate 
 residences, or buildings such as hotels, hospitals, motels, 
 dormitories, sanitariums, nursing homes, schools or other 
 buildings used for educational purposes, or correctional 
 institutions. 

    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 or dispense petroleum.  

    "Tank" does not include: 

    (1) a mobile storage tank used to transport petroleum from 
 one location to another, except a mobile storage tank with a 
 capacity of 500 gallons or less used only to transport home 
 heating fuel on private property; or 

    (2) 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.  

    HIST: 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 

*   NOTE:  See section 115C.13 for repealer.