Unless the context requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Agency" or "PLIA" means the pollution liability insurance agency, as used throughout this chapter. For purposes of chapter
70A.345 RCW, agency or PLIA shall mean staff or employees of the pollution liability insurance agency.
(2) "Applicant" means the owner or operator of a petroleum underground storage tank or heating oil tank who has applied to the program.
(3) "Ecology" means the Washington state department of ecology.
(4) "Facility" or "petroleum underground storage tank facility" means the property where the enrolled tank is located, including any tank-related infrastructure within that property. The term encompasses all real property under common ownership associated with the operation of the petroleum underground storage tank. For purposes of this program, facility does not have the same meaning as WAC
173-340-200.
(5) "Grant" means a financial award to a program participant that is not repaid by the grantee.
(6) "Heating oil" means any petroleum product used for space heating in oil-fired furnaces, heaters, and boilers, including stove oil, diesel fuel, or kerosene. "Heating oil" does not include petroleum products used as fuels in motor vehicles, marine vessels, trains, buses, aircraft, or any off-highway equipment not used for space heating, or for industrial processing or the generation of electrical energy.
(7) "Heating oil tank" means the same as RCW
70A.345.020(2). Heating oil tank does not include a tank used solely for industrial process heating purposes or generation of electrical energy. This term does not include any:
(a) Tank owned by the federal government or located on a federal military installation or federal military base.
(b) Tank located within the Hanford site.
(8) "Location" means the physical area or site where the assessment, cleanup, or infrastructure replacement, upgrade, or installation will occur.
(9) "Model Toxics Control Act" or "MTCA" means the Model Toxics Control Act, chapter
70A.305 RCW, and chapter
173-340 WAC.
(10) "Online community" means the cloud-based application and data system used by the agency and the applicant or participant to submit documentation and to report, process, and look up project information.
(11) "Operator" means the entity in control of, or having a responsibility for, the daily operation of a petroleum underground storage tank or heating oil tank.
(12) "Owner" means a person who owns a petroleum underground storage tank or heating oil tank.
(13) "Participant" means a petroleum underground storage tank owner or operator accepted into the program who receives and accepts a financial award offer, other than a preliminary planning assessment grant, and signs a participant agreement.
(14) "Petroleum" has the same meaning as defined in WAC
173-360A-0150(48).
(15) "Petroleum underground storage tank" means an underground storage tank regulated under chapter
70A.355 RCW or subtitle I of the Solid Waste Disposal Act (42 U.S.C. chapter 82, subchapter IX) that is used for storing petroleum. This includes tanks owned or operated on property under the direct jurisdiction of either the federal government or tribal governments other nonstate regulating agency. This term does not include any:
(a) Septic tank;
(b) Pipeline facility (including gathering lines):
(i) Which is regulated under 49 U.S.C. chapter 601; or
(ii) Which is an intrastate pipeline facility regulated under state laws as provided in 49 U.S.C. chapter 601, and which is determined by the 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;
(c) Surface impoundment, pit, pond, or lagoon;
(d) Storm water or wastewater collection system;
(e) Flow-through process tank;
(f) Liquid trap or associated gathering lines directly related to oil or gas production and gathering operations; or storage tank situated in an underground area (such as a basement, cellar, mineworking, drift, shaft, or tunnel) if the storage tank is situated upon or above the surface of the floor;
(g) Tank owned by the federal government or located on a federal military installation or federal military base; and
(h) Tank located within the Hanford site.
(16) "Petroleum underground storage tank system" or "tank system" means a petroleum underground storage tank and connected underground piping, underground ancillary equipment, and containment system, if any.
(17) "Preliminary planning assessment" means an identification report, to the agency, of any existing contamination at the facility, the necessary actions to address such contamination, and the cost estimate for cleanup and any desired infrastructure upgrades.
(18) "Prime consultant" means an environmental consultant or business contracted by PLIA to perform the preliminary planning assessment or remediation under the program.
(19) "Program" means the underground storage tank revolving loan and grant program established by chapter
70A.345 RCW.
(20) "Release" has the same meaning as defined in RCW
70A.305.020.
(21) "Remedy" or "remedial action" means any action or expenditure consistent with the purposes of chapter
70A.305 RCW to identify, eliminate, or minimize any threat posed by hazardous substances to human health or the environment including any investigative and monitoring activities with respect to any release or threatened release of a hazardous substance and any health assessments or health effects studies conducted in order to determine the risk or potential risk to human health.
(22) "Site" has the same meaning as "facility" in RCW
70A.305.020. The phrase "facility" as used in this program is defined above.
(23) "Technical assistance program" means the program administered by the agency under the requirements of chapter
374-80 WAC.