Unless the context clearly indicates otherwise, the following definitions, in addition to those in 75-11-302 , MCA, apply throughout this chapter:

(1) "Act" means Title 75, chapter 11, part 3, and 17-7-502 , MCA.

(2) "Actually incurred", for purposes of reimbursing claims, means:

(a) invoiced charges for goods received or services performed in furtherance of a department-approved corrective action plan; or

(b) payments made to a third party in compensation for bodily injury or property damage caused by a release.

(3) "Automobile", for purposes of reimbursing claims, means a light vehicle as defined at 61-1-139 , MCA.

(4) "Belonging to the federal government", with respect to determining eligibility of a petroleum storage tank, means:

(a) currently under the possession and control of a federal agency, or

(b) located on land held by a federal agency if the petroleum storage tank is operated by a contractor for the primary benefit of a federal agency. However, if the contract binds the operator to hold the federal agency harmless from liability for any release from the petroleum storage tank and the federal agency required its contractor to make this commitment prior to March 31, 1990, the petroleum storage tank is not considered as belonging to the federal government.

(5) "Board staff" means those employees of the Petroleum Tank Release Compensation Board hired by the board pursuant to 75-11-318 , MCA.

(6) "Bodily injury," as defined in 75-11-302 , MCA, will be measured by the board to include detriment that is currently in existence or certain to occur in the future, based on competent evidence as opposed to conjecture or speculation.

(7) "Consumptive use" means any use which burns or otherwise consumes heating oil.

(8) "Consultant" means a professional person or organization of such persons who advise petroleum storage tank owners or operators with respect to planning and implementing corrective action.

(9) "Day" means a calendar day, including weekends and holidays. Whenever a period of days specified in the Act or this chapter ends on a day state offices are not open for business, the period ends on the next day state offices are open.

(10) "De minimis" means that amount of a hazardous substance, as defined in this rule, which when mixed with a petroleum product does not alter the detectability of the petroleum product, effectiveness of corrective action, or toxicity of the petroleum product to any significant degree.

(11) "Department" means the Department of Environmental Quality.

(12) "Farm tank" as defined at ARM 17.56.101.

(13) "Hazardous substance" means:

(a) a substance that is defined as a hazardous substance by section 101(14) of the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) , 42 USC 9601(14) , as amended;

(b) a substance identified by the administrator of the United States Environmental Protection Agency as a hazardous substance pursuant to section 102 of CERCLA, 42 USC 9602, as amended; or

(c) a substance that is defined as a hazardous waste pursuant to section 1004(5) of the Resource Conservation and Recovery Act of 1976, 42 USC 6903(5) , as amended, including a substance listed or identified in 40 CFR 261.

(14) "Necessarily incurred", for purposes of reimbursing claims, means:

(a) the work contemplated under a department-approved corrective action plan when that work addresses a release from a petroleum storage tank;

(b) the work not contemplated under an approved corrective action plan, but necessary to respond to an emergency in order to prevent greater damages; and

(c) in the case of third party damages, payment for damages that are a direct and proximate consequence of the release.

(15) "Property damage," as defined in 75-11-302 , MCA, will be measured by the board in terms of diminution of market value, unless the cost of repairing damage is less than the diminution of market value.

(16) "Reasonably incurred", for purposes of reimbursing claims, means work required under an approved corrective action plan or necessary to respond to an emergency; or provide compensation to third parties for bodily injury or property damage caused by a release.

(17) "Residential tank" as defined at ARM 17.56.101.

(18) "Site/facility" means a complex of petroleum storage tanks under the same ownership on a contiguous piece of property.

(19) "Stored for noncommercial purposes", with respect to motor fuel, means any type of storage, except the following:

(a) storing for resale under license from the Weights and Measures Bureau, Department of Commerce ( 82-15-105 , MCA) ; or

(b) storing for later removal to another location where the fuel will be resold.

(20) "Subcontractor" is a person who performs billable labor in association with a corrective action at the release site when that person is under contract with the contractor/consultant. Subcontractor services do not include delivery or pickup services.

(21) "Tank" is a stationary device designed to contain an accumulation of petroleum or petroleum products and constructed of nonearthen materials (e.g., concrete, steel, plastic) that provide structural support.

(22) "Vendor" is a person who provides materials necessary for corrective action at the release site or services away from the release site.