As used herein:
"Board" means the Iowa comprehensive
petroleum underground storage tank fund board.
"Cathodic protection tester" means a
licensed individual who provides installation, maintenance and testing services
on underground storage tank corrosion protection systems.
"Certificate of noncompliance" means a
document provided by the child support recovery unit certifying that the named
obligor is not in compliance with a support order or with a written agreement
for payment of support entered into by the unit and the obligor.
"Child support recovery unit" means the
child support recovery unit created by Iowa Code section
252B.2.
"Deductible" means the portion of a claim
paid by insureds on the policy.
"Department" means the Iowa department of
natural resources.
"Install" or "installation"
means the physical construction of a UST system including, but not limited to,
activities such as excavating, backfilling, testing, placement of the tank,
underground piping, release detection devices, corrosion protection systems,
spill and overfill devices and any associated administrative activities such as
notifications, record keeping and record submissions.
"Installation inspector" means a licensed
individual who is engaged in the inspection and approval of the installation of
new or upgraded underground storage tank systems.
"Installer" means a licensed individual or
licensed company engaged in the installation of a new underground storage tank
system or the upgrading of underground storage tank systems.
"In the aggregate" means for all claims or
suits in a single year seeking damages.
"Licensed company" means a person, or
company which employs a person who meets all of the qualifications to install,
upgrade, repair, test or line underground storage tank systems.
"Licensed individual" means an individual
who has received a license to perform any of the activities regulated under
this chapter.
"Liner" means a licensed company or an
individual who provides services to install underground storage tank lining and
to repair underground storage tanks.
"Maintenance" means the normal operational
upkeep to prevent a UST system from releasing a regulated substance or to
ensure that a release is detected.
"Modification" means to change a UST system
currently in use by the installation of new UST system components.
"Modification" includes, but is not limited to, the addition of corrosion
protection to a previously lined tank, installation of new underground piping
or replacement of existing underground piping, changing the primary release
detection method, or adding secondary containment. "Modification" does not
include those activities defined in this rule as "repair" or
"replacement."
"Obligor" means a natural person as defined
in Iowa Code section
252B.1
who has been ordered by a court or administrative agency to pay support.
"OSHA" means the Occupational Safety and
Health Administration.
"Precision test" means a tank and line
tightness test that meets the requirements in rule
567-135.4 (455B).
"Removal" means the process of removing and
disposing of an underground storage tank system no longer in service or the
process of abandoning an underground storage tank system in place, in
accordance with rule 567-135.15 (455B).
"Remover" means a licensed individual who is
engaged in permanent closure activities by removal or filling in place of
underground storage tank systems in accordance with rule
567-135.15 (455B).
"Repair" means to restore any portion of a
UST system that has failed. "Repair" does not include the activities defined in
this rule by "modification" or "replacement."
"Replacement" means to effect a change in
any part of a UST system above grade by exchanging one unit for a like or
similar unit. "Replacement" does not include activities defined in this rule as
"repair" or "modification."
"Self-insured retention" means the portion
of a claim paid by insureds who self-insure a portion of their risk as part of
a policy. Expenses included as a part of the self-insured retention are the
cost of claims settlements or suits, the cost of adjusting, legal fees, court
costs and any other investigative cost associated with the claim.
"Service technician" means a nonlicensed
individual who works for a licensed individual or a licensed company or who is
certified by a manufacturer to conduct modification or replacement activities
at UST facilities.
"Tester" means a licensed company or
individual who tests tanks, lines, leak detection systems, or monitoring
systems as required by 567-Chapter 135 and this chapter. For the purposes of
this definition, an owner, operator or an employee of an owner or operator
performing leak detection or cathodic protection monitoring, as required by
567-Chapter 135, is not a tester.
"Testing" means the process of utilizing a
system to test underground storage tank systems or any part thereof for
tightness, leak detection, cathodic protection or monitoring.
"Underground storage tank professional" or
"UST professional" means an individual licensed by the
department under Part C of this chapter. The licensing program includes
underground storage tank system installation, installation inspection, UST
system testing, tank lining, cathodic protection installation/inspection, and
UST removal. The license issued will list the type of work the individual is
licensed to perform.
"Underground storage tank system" or
"UST system" means a tank or tanks and associated piping
intended to contain and dispense regulated substances and for which proof of
financial responsibility is required.
"Unit" means the child support recovery unit
created in Iowa Code section
252B.2.
"U.S. EPA" means the United States
Environmental Protection Agency.
"Withdrawal of a certificate of
noncompliance" means a document provided by the unit certifying that
the certificate of noncompliance is withdrawn and that the licensing authority
may proceed with issuance, reinstatement, or renewal of an obligor's
license.
