§ 46-12.1-2. Definitions. As used in this chapter, all terms shall, where the context permits, be construed in accordance with the "regulations for underground storage facilities used for petroleum products and hazardous materials," as promulgated by the department of environmental management. The following terms as used in this chapter shall have the following meanings:

(1) "Abandoned" means the relinquishment or termination of possession, ownership, or control of underground storage tanks, by vacating or by disposition, or the underground storage tank being out of service for a continuous period in excess of six (6) months.

(2) "Underground" means that ten percent (10%) or more of the volume of facility components storage tanks and piping is buried in the ground.

(3) "Underground storage tank" means either:

(a) On site underground storage tanks used for storing heating oil and serving a one, two (2), or three (3) family dwelling including underground pipes connected thereto; or

(b) Farm or residential underground storage tanks holding less than one thousand one hundred (1,100) gallons and storing motor fuel or heating oil for noncommercial purposes including underground pipes connected thereto.

(4) "Enforcing officer" means the chief of the fire department, the building official, the public safety director, the public utilities director or the public works director of the several cities, towns and fire districts, as may be designated in any ordinance adopted under this chapter, or his or her designee.

History of Section. (P.L. 1985, ch. 488, § 1; P.L. 2001, ch. 311, § 1; P.L. 2001, ch. 363, § 1.)