§ 35-11-1415 — Definitions

Wyoming § 35-11-1415

• Jurisdiction: Wyoming
• Title 35: Public Health and Safety
• Ch. 11: ENVIRONMENTAL QUALITY
• Art. 14: STORAGE TANKS

Text

(a) As used in this article:
(i) "Corrective action" means an action taken to
investigate, minimize, eliminate or clean up a release to
protect the public health, safety and welfare or the
environment;
(ii) "Corrective action account" means the account
established in W.S. 35-11-1424;
(iii) "Department" means the department of
environmental quality through its solid and hazardous waste
division;
(iv) "Environmental pollution financial
responsibility account" or "financial responsibility account"
means the account established in W.S. 35-11-1427;
(v) "Operator" means any person in control of, or
having responsibility for, the daily operation of the tank;
(vi) "Owner" means:
(A) In the case of an underground storage tank
in use or brought into use on or after November 8, 1984, any
person who owns an underground storage tank while it is used for
the storage, use or dispensing of regulated substances;
(B) In the case of an underground storage tank
in use before November 8, 1984, but no longer in use after that
date, any person who owned such a tank immediately before the
discontinuation of its use;
(C) Any person who owns an aboveground storage
tank meeting the definition of paragraph (xi) of this
subsection;
(D) In the case of a site contaminated by an
aboveground or underground storage tank regulated under this
article and where all tanks have been permanently closed, any
person who owns the site.
(vii) "Regulated substance" means:
(A) Any substance defined in section 101(14) of
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 but not including any substance regulated
as a hazardous waste under subtitle C of the Resource
Conservation and Recovery Act; and
(B) Petroleum, including crude oil or any
fraction thereof, which is liquid at standard conditions of
temperature and pressure (60 degrees Fahrenheit and 14.7 pounds
per square inch absolute).
(viii) "Release" means any spilling, leaking,
emitting, discharging, escaping, leaching or disposing from a
tank into groundwater, surface water or subsurface soils;
(ix) "Underground storage tank" means and includes
any one (1) or combination of underground storage tanks,
including underground pipes connected thereto, used to contain
an accumulation of regulated substances, and the volume of
which, including the volume of the underground pipes connected
thereto, is ten percent (10%) or more beneath the surface of the
ground, but does not include:
(A) A farm or residential underground storage
tank of one thousand one hundred (1,100) gallons or less
capacity used for storing motor fuel for noncommercial or
agricultural purposes;
(B) An underground storage tank used for storing
heating oil for consumptive use on the premises where stored;
(C) Septic tanks;
(D) A pipeline facility, including gathering
lines, regulated under:
(I) Repealed by Laws 2017, ch. 35, § 3.
(II) Repealed by Laws 2017, ch. 35, § 3.
(III) An intrastate pipeline facility
regulated under state laws, as provided in 49 U.S.C. chapter
601, which is determined by the United States secretary of
transportation to be connected to a pipeline or to be operated
or intended to be capable of operating at pipeline pressure or
as an integral part of a pipeline;
(IV) 49 U.S.C. chapter 601.
(E) Surface impoundments, pits, ponds or
lagoons;
(F) Storm water or wastewater collection systems
including oil/water separators used to separate oil and water at
oil production sites, gas processing plants and refineries;
(G) Flow-through process tanks;
(H) Liquid traps or associated gathering lines
directly related to oil or gas production and gathering
operations;
(J) Storage tanks situated in an underground
area, if the storage tank is situated upon or above the surface
of the floor;
(K) Underground storage tanks of one hundred ten
(110) gallons or less of holding capacity;
(M) Underground storage tanks containing de
minimus concentrations of regulated substances;
(N) Emergency spill or overflow containment
underground storage tank systems that are expeditiously emptied
after use;
(O) An underground storage tank system holding
hazardous wastes listed or identified under Subtitle C of the
federal Solid Waste Disposal Act or a mixture of such hazardous
waste and other regulated substances;
(P) A wastewater treatment tank system that is
part of a wastewater treatment facility regulated under section
307(b) or 402 of the federal Clean Water Act;
(Q) Any equipment or machinery that contains
regulated substances for operational purposes such as hydraulic
lift tanks and electrical equipment tanks.
(x) Repealed by Laws 2019, ch. 186, § 2.
(xi) "Aboveground storage tank" means any one (1) or
a combination of containers, vessels and enclosures, including
structures and appurtenances connected to them, constructed of
nonearthen materials including but not limited to concrete,
steel or plastic which provides structural support, the volume
of which including the pipes connected thereto is more than
ninety percent (90%) above the surface of the ground, which is
used by a dealer to dispense gasoline or diesel fuels;
(xii) "Dealer" means a person meeting the definition
of W.S. 39-17-101(a)(v) or 39-17-201(a)(vi);
(xiii) "Tank" means and includes both underground and
aboveground storage tanks as defined by this act.