{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-44.34_8.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-44.34_8.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-44.34_8.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-44.34_8.html"}],"law_id":59286,"edition_id":1,"section_id":59286,"structure_id":15541,"section_number":"62.1-44.34:8","catch_line":"Definitions","history":"1987, c. 528; 1989, c. 430; 1992, c. 819; 1996, cc. 737, 979.","full_text":"The following terms as used in this article shall have the meanings ascribed to them:\n\t\t&#8220;Aboveground storage tanks&#8221; means any one or combination of tanks, including pipes used to contain an accumulation of oil at atmospheric pressure, and the volume of which, including the volume of the pipes, is more than ninety percent above the surface of the ground. This term does not include (i) line pipe and breakout tanks of an interstate pipeline regulated under the Hazardous Liquid Pipeline Safety Act of 1979 or the Natural Gas Pipeline Safety Act of 1968, as amended, and (ii) flow through process equipment used in processing or treating oil by physical, biological, or chemical means.\n\t\t&#8220;Facility&#8221; means any development or installation within the Commonwealth that deals in, stores or handles oil, and includes aboveground storage tanks. This term does not include underground storage tanks or pipelines.\n\t\t&#8220;Oil&#8221; means oil of any kind and in any form, including, but not limited to, petroleum and petroleum by-products, fuel oil, lubricating oils, sludge, oil refuse, oil mixed with other wastes, crude oils and all other liquid hydrocarbons regardless of specific gravity.\n\t\t&#8220;Operator of an underground storage tank&#8221; means any person in control of, or having responsibility for, the daily operation of the underground storage tank.\n\t\t&#8220;Owner of an underground storage tank&#8221; means:\n\n1\n\nIn the case of an underground storage tank in use or brought into use on or after November 8, 1984, any person who owns an underground storage tank for the storage, use, or dispensing of regulated substances; and2\n\nIn the case of an underground storage tank in use before November 8, 1984, but no longer in use after that date, any person who owned such tank immediately before the discontinuation of its use.\n\t\t\tThe term &#8220;owner&#8221; shall not include any person who, without participating in the management of an underground storage tank or being otherwise engaged in petroleum production, refining, and marketing, holds indicia of ownership primarily to protect the holder&#8217;s security interest in the tank.\n\t\t\t&#8220;Person&#8221; means an individual, trust, firm, joint stock company, corporation, including a government corporation, partnership, association, any state or agency thereof, municipality, county, town, commission, political subdivision of a state, any interstate body, consortium, joint venture, commercial entity, the government of the United States or any unit or agency thereof.\n\t\t\t&#8220;Regulated substance&#8221; means an element, compound, mixture, solution, or substance that, when released into the environment, may present substantial danger to the public health or welfare, or the environment. The term &#8220;regulated substance&#8221; includes:1\n\nAny substance defined in &#xA7; 101 (14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, but not any substance regulated as a hazardous waste under Subtitle C of the Resource Conservation and Recovery Act of 1976; or2\n\nPetroleum, including crude oil or any fraction thereof, which is liquid at standard conditions of temperature and pressure (sixty degrees Fahrenheit and 14.7 pounds per square inch absolute).\n\t\t\t&#8220;Release&#8221; means any spilling, leaking, emitting, discharging, escaping, leaching, or disposing from an underground storage tank or facility into ground water, surface water, or upon lands, subsurface soils or storm drain systems.\n\t\t\t&#8220;Responsible person&#8221; means any person who is an owner or operator of an underground storage tank or an aboveground storage tank at the time a release is reported to the Board.\n\t\t\t&#8220;Underground storage tank&#8221; means any one or combination of tanks, including connecting pipes, used to contain an accumulation of regulated substances, and the volume of which, including the volume of the underground connecting pipes, is ten percent or more beneath the surface of the ground. Exemptions from this definition and regulations promulgated under this article include:1\n\nFarm or residential tanks having a capacity of 1,100 gallons or less and used for storing motor fuel for noncommercial purposes;2\n\nTanks used for storing heating oil for consumption on the premises where stored;3\n\nSeptic tanks;4\n\nPipeline facilities, including gathering lines, regulated under: (i) the Natural Gas Pipeline Safety Act of 1968, (ii) the Hazardous Liquid Pipeline Safety Act of 1979, or (iii) any intrastate pipeline facility regulated under state laws comparable to the provisions of law in (i) or (ii) of this subdivision;5\n\nSurface impoundments, pits, ponds, or lagoons;6\n\nStorm water or waste water collection systems;7\n\nFlow-through process tanks;8\n\nLiquid traps or associated gathering lines directly related to oil or gas production and gathering operations; and9\n\nStorage tanks 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.","order_by":null,"text":{"0":{"id":217287,"text":"The following terms as used in this article shall have the meanings ascribed to them:\n\t\t&#8220;Aboveground storage tanks&#8221; means any one or combination of tanks, including pipes used to contain an accumulation of oil at atmospheric pressure, and the volume of which, including the volume of the pipes, is more than ninety percent above the surface of the ground. This term does not include (i) line pipe and breakout tanks of an interstate pipeline regulated under the Hazardous Liquid Pipeline Safety Act of 1979 or the Natural Gas Pipeline Safety Act of 1968, as amended, and (ii) flow through process equipment used in processing or treating oil by physical, biological, or chemical means.\n\t\t&#8220;Facility&#8221; means any development or installation within the Commonwealth that deals in, stores or handles oil, and includes aboveground storage tanks. This term does not include underground storage tanks or pipelines.\n\t\t&#8220;Oil&#8221; means oil of any kind and in any form, including, but not limited to, petroleum and petroleum by-products, fuel oil, lubricating oils, sludge, oil refuse, oil mixed with other wastes, crude oils and all other liquid hydrocarbons regardless of specific gravity.\n\t\t&#8220;Operator of an underground storage tank&#8221; means any person in control of, or having responsibility for, the daily operation of the underground storage tank.\n\t\t&#8220;Owner of an underground storage tank&#8221; means:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":217288,"text":"In the case of an underground storage tank in use or brought into use on or after November 8, 1984, any person who owns an underground storage tank for the storage, use, or dispensing of regulated substances; and","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":217289,"text":"In the case of an underground storage tank in use before November 8, 1984, but no longer in use after that date, any person who owned such tank immediately before the discontinuation of its use.\n\t\t\tThe term &#8220;owner&#8221; shall not include any person who, without participating in the management of an underground storage tank or being otherwise engaged in petroleum production, refining, and marketing, holds indicia of ownership primarily to protect the holder&#8217;s security interest in the tank.\n\t\t\t&#8220;Person&#8221; means an individual, trust, firm, joint stock company, corporation, including a government corporation, partnership, association, any state or agency thereof, municipality, county, town, commission, political subdivision of a state, any interstate body, consortium, joint venture, commercial entity, the government of the United States or any unit or agency thereof.\n\t\t\t&#8220;Regulated substance&#8221; means an element, compound, mixture, solution, or substance that, when released into the environment, may present substantial danger to the public health or welfare, or the environment. The term &#8220;regulated substance&#8221; includes:","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"1"},"3":{"id":217290,"text":"Any substance defined in &#xA7; 101 (14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, but not any substance regulated as a hazardous waste under Subtitle C of the Resource Conservation and Recovery Act of 1976; or","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"2","next_prefix":"2"},"4":{"id":217291,"text":"Petroleum, including crude oil or any fraction thereof, which is liquid at standard conditions of temperature and pressure (sixty degrees Fahrenheit and 14.7 pounds per square inch absolute).\n\t\t\t&#8220;Release&#8221; means any spilling, leaking, emitting, discharging, escaping, leaching, or disposing from an underground storage tank or facility into ground water, surface water, or upon lands, subsurface soils or storm drain systems.\n\t\t\t&#8220;Responsible person&#8221; means any person who is an owner or operator of an underground storage tank or an aboveground storage tank at the time a release is reported to the Board.\n\t\t\t&#8220;Underground storage tank&#8221; means any one or combination of tanks, including connecting pipes, used to contain an accumulation of regulated substances, and the volume of which, including the volume of the underground connecting pipes, is ten percent or more beneath the surface of the ground. Exemptions from this definition and regulations promulgated under this article include:","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"1"},"5":{"id":217292,"text":"Farm or residential tanks having a capacity of 1,100 gallons or less and used for storing motor fuel for noncommercial purposes;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"2","next_prefix":"2"},"6":{"id":217293,"text":"Tanks used for storing heating oil for consumption on the premises where stored;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"7":{"id":217294,"text":"Septic tanks;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"8":{"id":217295,"text":"Pipeline facilities, including gathering lines, regulated under: (i) the Natural Gas Pipeline Safety Act of 1968, (ii) the Hazardous Liquid Pipeline Safety Act of 1979, or (iii) any intrastate pipeline facility regulated under state laws comparable to the provisions of law in (i) or (ii) of this subdivision;","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"9":{"id":217296,"text":"Surface impoundments, pits, ponds, or lagoons;","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"10":{"id":217297,"text":"Storm water or waste water collection systems;","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"11":{"id":217298,"text":"Flow-through process tanks;","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"12":{"id":217299,"text":"Liquid traps or associated gathering lines directly related to oil or gas production and gathering operations; and","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7","next_prefix":"9"},"13":{"id":217300,"text":"Storage tanks 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.","type":"section","prefixes":["9"],"prefix":"9","entire_prefix":"9","prefix_anchor":"9","level":1,"prior_prefix":"8"}},"ancestry":[{"id":15541,"edition_id":1,"name":"Storage Tanks","identifier":"9","label":"article","depth":3,"order_by":1,"parent_id":13014,"metadata":{},"date_created":"2026-06-26 03:56:10","date_modified":"2026-06-26 03:56:10","permalink":{"id":270043,"object_type":"structure","relational_id":15541,"identifier":"9","token":"62.1\/3.1\/9","url":"\/62.1\/3.1\/9\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13014,"edition_id":1,"name":"State Water Control Law","identifier":"3.1","label":"chapter","depth":2,"order_by":1,"parent_id":12909,"metadata":{},"date_created":"2026-06-26 03:44:08","date_modified":"2026-06-26 03:44:08","permalink":{"id":269169,"object_type":"structure","relational_id":13014,"identifier":"3.1","token":"62.1\/3.1","url":"\/62.1\/3.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12909,"edition_id":1,"name":"Waters of the State, Ports and Harbors","identifier":"62.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:00","date_modified":"2026-06-26 03:44:00","permalink":{"id":268199,"object_type":"structure","relational_id":12909,"identifier":"62.1","token":"62.1","url":"\/62.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":59286,"structure_id":15541,"section_number":"62.1-44.34:8","catch_line":"Definitions","url":"\/62.1-44.34_8\/","token":"62.1\/3.1\/9\/62.1-44.34_8","metadata":false},{"id":62645,"structure_id":15541,"section_number":"62.1-44.34:9","catch_line":"Powers and duties of Board","url":"\/62.1-44.34_9\/","token":"62.1\/3.1\/9\/62.1-44.34_9","metadata":false}],"next_section":{"id":62645,"structure_id":15541,"section_number":"62.1-44.34:9","catch_line":"Powers and duties of Board","url":"\/62.1-44.34_9\/","token":"62.1\/3.1\/9\/62.1-44.34_9","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-44.34:8\/","history_text":"<p>This law was first created in 1987. The record of its establishment is cataloged in chapter 528 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1987 \u201cActs\u201d aren\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1989, chapter 430; in 1992, chapter 819; in 1996, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?961+ful+CHAP0737\">737<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?961+ful+CHAP0979\">979<\/a>.<\/p>","references":[{"id":73108,"section_number":"10.1-2500","catch_line":"Virginia Environmental Emergency Response Fund established","order_by":null,"url":"\/10.1-2500\/"},{"id":84739,"section_number":"27-37.1","catch_line":"Right of entry to investigate releases of hazardous material, hazardous waste, or regulated substances","order_by":null,"url":"\/27-37.1\/"},{"id":56006,"section_number":"62.1-44.15","catch_line":"Powers and duties; civil penalties","order_by":null,"url":"\/62.1-44.15\/"},{"id":60658,"section_number":"62.1-44.15:4.1","catch_line":"Listing and notice of confirmed oil releases and discharges","order_by":null,"url":"\/62.1-44.15_4.1\/"},{"id":69253,"section_number":"62.1-44.32","catch_line":"Penalties","order_by":null,"url":"\/62.1-44.32\/"},{"id":75515,"section_number":"62.1-44.34:11","catch_line":"Virginia Petroleum Storage Tank Fund","order_by":null,"url":"\/62.1-44.34_11\/"},{"id":67138,"section_number":"62.1-44.34:23","catch_line":"Exceptions","order_by":null,"url":"\/62.1-44.34_23\/"}],"refers_to":false,"permalink":{"id":270045,"object_type":"law","relational_id":59286,"identifier":"62.1-44.34:8","token":"62.1\/3.1\/9\/62.1-44.34_8","url":"\/62.1-44.34_8\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-44.34_8\/","token":"62.1\/3.1\/9\/62.1-44.34_8","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-44.34:8","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>The following terms as used in this article shall have the meanings ascribed to them:\n\t\t&#8220;<span class=\"dictionary\">Aboveground storage tanks<\/span>&#8221; means any one or combination of tanks, including pipes used to contain an accumulation of <span class=\"dictionary\">oil<\/span> at atmospheric pressure, and the volume of which, including the volume of the pipes, is more than ninety percent above the surface of the ground. This term does not include (i) line pipe and breakout tanks of an interstate pipeline regulated under the Hazardous Liquid Pipeline Safety Act of 1979 or the Natural Gas Pipeline Safety Act of 1968, as amended, and (ii) flow through process equipment used in processing or treating <span class=\"dictionary\">oil<\/span> by physical, biological, or chemical means.\n\t\t&#8220;<span class=\"dictionary\">Facility<\/span>&#8221; means any development or installation within the Commonwealth that deals in, stores or handles <span class=\"dictionary\">oil<\/span>, and includes <span class=\"dictionary\">aboveground storage tanks<\/span>. This term does not include <span class=\"dictionary\">underground storage tanks<\/span> or pipelines.\n\t\t&#8220;<span class=\"dictionary\">Oil<\/span>&#8221; means <span class=\"dictionary\">oil<\/span> of any kind and in any form, including, but not limited to, petroleum and petroleum by-products, fuel <span class=\"dictionary\">oil<\/span>, lubricating <span class=\"dictionary\">oils<\/span>, sludge, <span class=\"dictionary\">oil<\/span> refuse, <span class=\"dictionary\">oil<\/span> mixed with <span class=\"dictionary\">other wastes<\/span>, crude <span class=\"dictionary\">oils<\/span> and all other liquid hydrocarbons regardless of specific gravity.\n\t\t&#8220;<span class=\"dictionary\">Operator of an <span class=\"dictionary\">underground storage tank<\/span><\/span>&#8221; means any <span class=\"dictionary\">person<\/span> in control of, or having responsibility for, the daily operation of the <span class=\"dictionary\">underground storage tank<\/span>.\n\t\t&#8220;<span class=\"dictionary\">Owner<\/span> of an <span class=\"dictionary\">underground storage tank<\/span>&#8221; means:<\/p><\/section>\n\t\t\t\t\t\t<section id=\"1\"><p><span class=\"prefix-number\">1.<\/span> In the case of an <span class=\"dictionary\">underground storage tank<\/span> in use or brought into use on or after November 8, 1984, any <span class=\"dictionary\">person<\/span> who owns an <span class=\"dictionary\">underground storage tank<\/span> for the storage, use, or dispensing of <span class=\"dictionary\">regulated substances<\/span>; and <a id=\"paragraph-217288\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-44.34_8\/#1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"2\"><p><span class=\"prefix-number\">2.<\/span> In the case of an <span class=\"dictionary\">underground storage tank<\/span> in use before November 8, 1984, but no longer in use after that date, any <span class=\"dictionary\">person<\/span> who owned such tank immediately before the discontinuation of its use.\n\t\t\tThe term &#8220;<span class=\"dictionary\">owner<\/span>&#8221; shall not include any <span class=\"dictionary\">person<\/span> who, without participating in the management of an <span class=\"dictionary\">underground storage tank<\/span> or being otherwise engaged in petroleum production, refining, and marketing, holds indicia of ownership primarily to protect the holder&#8217;s security interest in the tank.\n\t\t\t&#8220;<span class=\"dictionary\">Person<\/span>&#8221; means an individual, trust, firm, joint stock company, corporation, including a government corporation, partnership, association, any state or agency thereof, municipality, county, town, commission, political subdivision of a state, any interstate body, consortium, joint venture, commercial entity, the government of the United States or any unit or agency thereof.\n\t\t\t&#8220;<span class=\"dictionary\">Regulated substance<\/span>&#8221; means an element, compound, mixture, solution, or substance that, when released into the environment, may present substantial danger to the public health or welfare, or the environment. The term &#8220;<span class=\"dictionary\">regulated substance<\/span>&#8221; includes: <a id=\"paragraph-217289\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-44.34_8\/#2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"1\"><p><span class=\"prefix-number\">1.<\/span> Any substance defined in &#xA7; 101 (14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, but not any substance regulated as a hazardous waste under Subtitle C of the Resource Conservation and Recovery Act of 1976; or <a id=\"paragraph-217290\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-44.34_8\/#1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"2\"><p><span class=\"prefix-number\">2.<\/span> Petroleum, including crude <span class=\"dictionary\">oil<\/span> or any fraction thereof, which is liquid at standard conditions of temperature and pressure (sixty degrees Fahrenheit and 14.7 pounds per square inch absolute).\n\t\t\t&#8220;<span class=\"dictionary\">Release<\/span>&#8221; means any spilling, leaking, emitting, discharging, escaping, leaching, or disposing from an <span class=\"dictionary\">underground storage tank<\/span> or <span class=\"dictionary\">facility<\/span> into ground water, surface water, or upon lands, subsurface soils or storm drain systems.\n\t\t\t&#8220;<span class=\"dictionary\">Responsible person<\/span>&#8221; means any person who is an <span class=\"dictionary\">owner<\/span> or <span class=\"dictionary\">operator of an <span class=\"dictionary\">underground storage tank<\/span><\/span> or an aboveground storage tank at the time a <span class=\"dictionary\">release<\/span> is reported to the <span class=\"dictionary\">Board<\/span>.\n\t\t\t&#8220;<span class=\"dictionary\">Underground storage tank<\/span>&#8221; means any one or combination of tanks, including connecting pipes, used to contain an accumulation of <span class=\"dictionary\">regulated substances<\/span>, and the volume of which, including the volume of the underground connecting pipes, is ten percent or more beneath the surface of the ground. Exemptions from this definition and <span class=\"dictionary\">regulations<\/span> promulgated under this article include: <a id=\"paragraph-217291\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-44.34_8\/#2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"1\"><p><span class=\"prefix-number\">1.<\/span> Farm or residential tanks having a capacity of 1,100 gallons or less and used for storing motor fuel for noncommercial purposes; <a id=\"paragraph-217292\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-44.34_8\/#1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"2\"><p><span class=\"prefix-number\">2.<\/span> Tanks used for storing heating <span class=\"dictionary\">oil<\/span> for consumption on the premises where stored; <a id=\"paragraph-217293\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-44.34_8\/#2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"3\"><p><span class=\"prefix-number\">3.<\/span> Septic tanks; <a id=\"paragraph-217294\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-44.34_8\/#3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"4\"><p><span class=\"prefix-number\">4.<\/span> Pipeline facilities, including gathering lines, regulated under: (i) the Natural Gas Pipeline Safety Act of 1968, (ii) the Hazardous Liquid Pipeline Safety Act of 1979, or (iii) any intrastate pipeline <span class=\"dictionary\">facility<\/span> regulated under state <span class=\"dictionary\">laws<\/span> comparable to the provisions of <span class=\"dictionary\">law<\/span> in (i) or (ii) of this subdivision; <a id=\"paragraph-217295\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-44.34_8\/#4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"5\"><p><span class=\"prefix-number\">5.<\/span> Surface impoundments, pits, ponds, or lagoons; <a id=\"paragraph-217296\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-44.34_8\/#5\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"6\"><p><span class=\"prefix-number\">6.<\/span> Storm water or waste water collection systems; <a id=\"paragraph-217297\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-44.34_8\/#6\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"7\"><p><span class=\"prefix-number\">7.<\/span> Flow-through process tanks; <a id=\"paragraph-217298\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-44.34_8\/#7\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"8\"><p><span class=\"prefix-number\">8.<\/span> Liquid traps or associated gathering lines directly related to <span class=\"dictionary\">oil<\/span> or gas production and gathering operations; and <a id=\"paragraph-217299\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-44.34_8\/#8\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"9\"><p><span class=\"prefix-number\">9.<\/span> Storage tanks 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. <a id=\"paragraph-217300\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-44.34_8\/#9\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 62.1-44.34:8)\n\nThe following terms as used in this article shall have the meanings ascribed to\nthem:\n\t\t&#8220;Aboveground storage tanks&#8221; means any one or combination of tanks,\nincluding pipes used to contain an accumulation of oil at atmospheric pressure,\nand the volume of which, including the volume of the pipes, is more than ninety\npercent above the surface of the ground. This term does not include (i) line\npipe and breakout tanks of an interstate pipeline regulated under the Hazardous\nLiquid Pipeline Safety Act of 1979 or the Natural Gas Pipeline Safety Act of\n1968, as amended, and (ii) flow through process equipment used in processing or\ntreating oil by physical, biological, or chemical means.\n\t\t&#8220;Facility&#8221; means any development or installation within the\nCommonwealth that deals in, stores or handles oil, and includes aboveground\nstorage tanks. This term does not include underground storage tanks or\npipelines.\n\t\t&#8220;Oil&#8221; means oil of any kind and in any form, including, but not\nlimited to, petroleum and petroleum by-products, fuel oil, lubricating oils,\nsludge, oil refuse, oil mixed with other wastes, crude oils and all other liquid\nhydrocarbons regardless of specific gravity.\n\t\t&#8220;Operator of an underground storage tank&#8221; means any person in\ncontrol of, or having responsibility for, the daily operation of the underground\nstorage tank.\n\t\t&#8220;Owner of an underground storage tank&#8221; means:\n\n1. In the case of an underground storage tank in use or brought into use on or\nafter November 8, 1984, any person who owns an underground storage tank for the\nstorage, use, or dispensing of regulated substances; and\n\n2. In the case of an underground storage tank in use before November 8, 1984,\nbut no longer in use after that date, any person who owned such tank immediately\nbefore the discontinuation of its use.\n\t\t\tThe term &#8220;owner&#8221; shall not include any person who, without\nparticipating in the management of an underground storage tank or being\notherwise engaged in petroleum production, refining, and marketing, holds\nindicia of ownership primarily to protect the holder&#8217;s security interest\nin the tank.\n\t\t\t&#8220;Person&#8221; means an individual, trust, firm, joint stock company,\ncorporation, including a government corporation, partnership, association, any\nstate or agency thereof, municipality, county, town, commission, political\nsubdivision of a state, any interstate body, consortium, joint venture,\ncommercial entity, the government of the United States or any unit or agency\nthereof.\n\t\t\t&#8220;Regulated substance&#8221; means an element, compound, mixture,\nsolution, or substance that, when released into the environment, may present\nsubstantial danger to the public health or welfare, or the environment. The term\n&#8220;regulated substance&#8221; includes:\n\n1. Any substance defined in &#xA7; 101 (14) of the Comprehensive Environmental\nResponse, Compensation, and Liability Act of 1980, but not any substance\nregulated as a hazardous waste under Subtitle C of the Resource Conservation and\nRecovery Act of 1976; or\n\n2. Petroleum, including crude oil or any fraction thereof, which is liquid at\nstandard conditions of temperature and pressure (sixty degrees Fahrenheit and\n14.7 pounds per square inch absolute).\n\t\t\t&#8220;Release&#8221; means any spilling, leaking, emitting, discharging,\nescaping, leaching, or disposing from an underground storage tank or facility\ninto ground water, surface water, or upon lands, subsurface soils or storm drain\nsystems.\n\t\t\t&#8220;Responsible person&#8221; means any person who is an owner or operator\nof an underground storage tank or an aboveground storage tank at the time a\nrelease is reported to the Board.\n\t\t\t&#8220;Underground storage tank&#8221; means any one or combination of tanks,\nincluding connecting pipes, used to contain an accumulation of regulated\nsubstances, and the volume of which, including the volume of the underground\nconnecting pipes, is ten percent or more beneath the surface of the ground.\nExemptions from this definition and regulations promulgated under this article\ninclude:\n\n1. Farm or residential tanks having a capacity of 1,100 gallons or less and used\nfor storing motor fuel for noncommercial purposes;\n\n2. Tanks used for storing heating oil for consumption on the premises where\nstored;\n\n3. Septic tanks;\n\n4. Pipeline facilities, including gathering lines, regulated under: (i) the\nNatural Gas Pipeline Safety Act of 1968, (ii) the Hazardous Liquid Pipeline\nSafety Act of 1979, or (iii) any intrastate pipeline facility regulated under\nstate laws comparable to the provisions of law in (i) or (ii) of this\nsubdivision;\n\n5. Surface impoundments, pits, ponds, or lagoons;\n\n6. Storm water or waste water collection systems;\n\n7. Flow-through process tanks;\n\n8. Liquid traps or associated gathering lines directly related to oil or gas\nproduction and gathering operations; and\n\n9. Storage tanks situated in an underground area, such as a basement, cellar,\nmineworking, drift, shaft, or tunnel, if the storage tank is situated upon or\nabove the surface of the floor.\n\nHISTORY: 1987, c. 528; 1989, c. 430; 1992, c. 819; 1996, cc. 737, 979.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}