N.D. Cent. Code § 23.1-04.1-01 Definitions
23.1-04.1-01. Definitions
For purposes of this chapter:
1. "Aboveground storage tank" means any one or a combination of aboveground
containers, vessels, or enclosures, including associated piping or appurtenances used
to store an accumulation of refined petroleum products that is not an underground
storage tank as defined in chapter 23.1-04. The term does not include a:
a. Farm or residential tank used for storing motor fuel for noncommercial purposes.
b. Tank used for storing heating oil for consumptive use on the premises where
stored.
c. Septic tank.
d. Pipeline facility, including gathering lines and breakout tanks, regulated under:
(1) The Natural Gas Pipeline Safety Act of 1968 [Pub. L. 90-481].
(2) The Hazardous Liquid Pipeline Safety Act of 1979 [Pub. L. 96-129,
49 U.S.C. 60101 et seq.].
(3) An interstate pipeline facility regulated under state laws comparable to the
provisions of law in paragraph 1 or 2.
(4) Title 49, Code of Federal Regulations, part 195.
e. Surface impoundment, pit, pond, lagoon, storm water collection system, or
wastewater collection system.
f. Flow-through process tank or vapor recovery unit tank.
g. Liquid trap or associated gathering lines directly related to oil or gas production
and gathering operations.
h. Tank owned by the federal government.
i. Tank used for the transportation of petroleum.
j. Tank with a capacity under one thousand three hundred twenty gallons
[4996.73 liters] used to store lubricating oil.
k. Tank used to store ethanol or biodiesel for wholesale purposes with a capacity
greater than twenty thousand gallons [75708.24 liters].
l. Tank that is located at or is part of a terminal, midstream facility, petrochemical
plant, syngas plant, fertilizer plant, petroleum or renewable fuels refinery, electric
energy conversion facility, electric transmission related facility, and associated
transloading facility.
m. Tank, liquid trap, gathering line, or other facility associated with exploration,
development, or production of oil, gas, or geothermal resources controlled under
n. Asphalt tank.
o. Storage tank situated in an underground area, including a basement, cellar, mine,
mine drift, mine shaft, or mine tunnel, if the storage tank is situated upon or above
the surface of the floor.
p. Propane storage tank.
q. Tank used to fuel or service rail locomotives, rail equipment, or coal mining
equipment.
r. Portable tank.
s. Tank under subdivision d or l of subsection 16 of section 23.1-12-02, unless the
owner or operator registers the tank and is eligible for reimbursement under the
petroleum release compensation fund.
2. "Department" means the department of environmental quality.
3. "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or
placing of any solid waste or hazardous waste into or on any land or water so the solid
waste or hazardous waste or any hazardous constituent of the waste may enter the
environment or be emitted into the air or discharged into any waters, including ground
water.
4. "Electric energy conversion facility" means a plant, addition, or combination of a plant
and addition, designed for or capable of wind energy generation, or any means of
energy generation, and the plant associated facilities.
5. "Electric transmission related facility" means an electric transmission line and
associated facilities designed for transmission of generated electricity, or a facility used
for utility-scale storage of electricity and connected or adjacent to an electric
transmission facility or facility controlled by or serving a utility with electric energy
transmission, and distribution equipment and materials.
6. "Facility" means all contiguous land and structures, other appurtenances, and
improvements on the land used for storing a regulated substance. A facility may
consist of several contiguous storage or operational units.
7. "Midstream facility" means a facility that receives petroleum products by pipeline or by
truck. The term does not include a retailer or end user.
8. "Operator" means a person in control of, or having responsibility for, the daily
operation of an aboveground storage tank.
9. "Owner" means a person who holds title to, controls, or possesses an interest in the
aboveground storage tank.
10. "Petroleum" means:
a. Gasoline or petroleum products as defined in chapter 23.1-13;
b. Constituents of gasoline or fuel oil under subdivision a; and
c. Oil sludge and oil refuse.
11. "Portable tank" means a storage tank and storage tank piping or wiring that is not
stationary or affixed, including a tank on skids.
12. "Refined petroleum products" means gasoline, kerosene, heating oils, diesel fuels, and
other compounds as defined by the department.
13. "Release" means any spilling, leaking, emitting, discharging, escaping, leaching, or
disposing from an aboveground storage tank into the environment, including ground
water, surface water, or subsurface soils.
14. "Terminal" means a refined petroleum product storage and distribution facility that is
supplied directly by pipeline and from which the refined petroleum product may be
removed from the rack.
15. "Utility" means a person engaged in and controlling electric generation, transmission of
electric energy, or the transmission of water from or to any electric energy conversion
facility.