§ 23.1-10-04 — Definitions

As used in this chapter, unless the context otherwise requires:
1. "Containment unit" means any one or a combination of containers, vessels, and
enclosures, including structures and appurtenances connected to them, which is or
has been used to contain or dispense a regulated substance and is either stationary or
attached to a motor vehicle. The definition includes pipeline facilities that transport and
store regulated substances.
2. "Corrective action" means an action taken to investigate, minimize, contain, eliminate,
remediate, mitigate, monitor, or clean up a release including any necessary
emergency remedial effort.
3. "Corrective action cost" means any cost incurred by the department in conducting or
overseeing corrective actions performed on a release; or the performance of
reasonable measures undertaken to prevent or mitigate damage to the public health,
public safety, public welfare, or environment of the state.
4. "Department" means the department of environmental quality.
5. "Emergency remedial effort" means an action taken to protect the public health, public
safety, or environment from imminent danger resulting from a release, and an action
taken to contain a release that, if not contained, will pose in time a greater threat to the
public health, public safety, or environment than if the action is not taken immediately.
6. "Environment" means land, including public and private property, surface and
underground waters, fish, wildlife, biota, air, and other similar resources within the
state.
7. "Fund" means the environmental quality restoration fund.
8. "Institutional controls" and "activity and use limitations" are restrictions on the use and
management of real property, including buildings or fixtures, containing or preventing
migration of regulated substances or other pollution or contamination, or protecting
receptors from exposure or the threat of exposure to regulated substances or other
pollution or contamination. Institutional controls may apply:
a. During environmental remediation activities; or
b. To residual regulated substances, pollutants, or other pollution or contamination
or the byproducts of residual regulated substances, pollutants, or other pollution
or contamination which may remain on property after active environmental
remediation activities are concluded or while natural attenuation of regulated
substances or other pollution or contamination is occurring.

9. "Potentially responsible party" means a person identified as a possible cause of, or
contributor to, contamination or pollution on a site or property.
10. "Regulated substance" means a compound designated by the department, including
pesticides and fertilizers regulated by the department of agriculture; the hazardous
substances designated by the Federal Water Pollution Control Act [Pub. L. 80-845;
62 Stat. 1155; 33 U.S.C. 1251 et seq.]; the toxic pollutants designated by the Federal
Water Pollution Control Act and the Toxic Substances Control Act [Pub. L. 94-469;
90 Stat. 2003; 15 U.S.C. 2601 et seq.]; the hazardous substances designated by the
federal Comprehensive Environmental Response, Compensation, and Liability Act
[Pub. L. 96-510; 94 Stat. 2767; 42 U.S.C. 9601 et seq.]; petroleum, petroleum
substances, oil, gasoline, kerosene, fuel oil, oil sludge, oil refuse, production water, oil
mixed with other wastes, crude oils, substances, or additives to be utilized in refining
or blending crude petroleum or petroleum stock; any other oil or petroleum substance;
solid waste regulated under chapter 23.1-08; and technologically enhanced naturally
occurring radioactive material regulated under chapter 23.1-03. Radioactive material
other than technologically enhanced naturally occurring radioactive material is not a
regulated substance under this chapter.
11. "Release" means an intentional or unintentional act or omission that results in the
discharge, spill, leak, emission, escape, or disposal of a regulated substance into the
environment and harms or threatens harm to public health or public safety or the
environment.
12. "Responsible party" means a person that causes or contributes to an onsite or offsite
release or threatened release, or that is responsible for an illegal or unpermitted
storage, of a regulated substance that results in the contamination or pollution of a
property or site.