Mass. Gen. Laws ch. 21J § 1

Current through Chapters 1 to 249 and Chapters 253 to 255 of the 2024 Legislative Session

Section 21J:1 - Definitions

As used in this chapter, the following words shall have the following meanings:

"Board", the underground storage tank petroleum product cleanup fund administrative review board.

"Bulk facility", a facility including pipeline terminals, refinery terminals, rails and barge terminals, and associated underground and above ground storage tanks, connected or separate, from which petroleum products are withdrawn from bulk and delivered into a cargo tank or a barge used to transport these products, including all licensed distributors of petroleum products.

"Dispensing facility", any facility, qualified to do business in the commonwealth under the provisions of chapter sixty-four A, sixty-four E, and sixty-four F, at which underground storage tanks are used to store gasoline or other fractions of petroleum products and from which gasoline or other fractions of petroleum products are dispensed directly to a motor vehicle or boat as motor fuel; provided, that a facility at which gasoline, or any fractions of petroleum products are stored in an underground storage tank that is a farm or residential tank of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes or is owned by the commonwealth or any of its political subdivisions shall not constitute a dispensing facility.

"Department", the department of revenue.

"Fund", the underground storage tank petroleum product cleanup fund, established pursuant to section 2BBBBB of chapter 29.

"Owner or Operator", any person in control of, or having the responsibility for, the daily operation of a bulk facility or a site at which an underground storage tank or an underground storage tank system is located. Also, the person who first invoices petroleum products withdrawn from the bulk facility. For the purposes of this section an exchange statement is not considered an invoice.

"Petroleum product", a product that is obtained from distilling and processing crude oil and that is capable of being used as a fuel for the propulsion of a motor vehicle, boat or aircraft. The term does not include naphtha-type jet fuel, kerosene-type jet fuel, a petroleum product destined for use in chemical manufacturing or feedstock of that manufacturing or fuel oil used for heating purposes.

"Reimbursement", shall mean reimbursement to a claimant or payment to a third party on behalf of a claimant.

"Release", any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposal into the environment, excluding emissions from the exhaust of an engine.

"Underground storage tank", any one or combination of tanks, including underground pipes connected thereto, used to contain an accumulation of petroleum product and the volume of which, including the volume of underground pipes and connected thereto, is ten percent or more beneath the surface of the ground.

"Underground storage tank system", an underground storage tank and its associated ancillary equipment and containment system.

"Unobligated balance", the amount determined by subtracting from the cash balance at the end of each month the following sums:

(a) the sum of the total monies allocated to cover the expenses of the board, the department, and the department of environmental protection, pursuant to clauses (b), (c) and (d) of section four;

(b) the total amount of applications for reimbursement for any claims of any nature pursuant to clause (2) of clause (a) of section four;

(c) until December thirty-first, nineteen hundred and ninety-four, the sum of all potential claims against the fund for reimbursement of costs of responding to release of petroleum product from an underground storage tank or underground storage tank system, said sum to be determined by the board with reference to the most recent department of environmental protection list of locations to be investigated but at a cost not to exceed fifteen thousand dollars per claim;

(d) on and after January first, nineteen hundred and ninety-five and until June thirtieth, nineteen hundred and ninety-five, the sum of all claims against the fund determined by the board, after investigation and certification pursuant to rules and regulations promulgated by said board, to be claims eligible for reimbursement of costs of responding to release of petroleum product from an underground storage tank or underground storage tank system; and

(e) on and after July first, nineteen hundred and ninety-five, the sum of the total balances remaining on all contracts entered into by a person described in clause (1) or (5) of paragraph (a) of section five of chapter twenty-one E in order to undertake an action in response to the release of a petroleum product from an underground storage tank or underground storage tank system.

Mass. Gen. Laws ch. 21J, § 1

Amended by Acts 2018, c. 154,§ 21, eff. 7/1/2018.