DEEP: Definition of UST Clean-up Program Terms

Definition of UST Clean-up Program Terms

Affiliate:   A person that directly or indirectly through one or more intermediaries owns or controls, or is owned or controlled by, or is under common control with an applicant.

Applicant:   Person, corporation, or other entity that has incurred costs to clean up a release from an UST and is requesting reimbursement from the Clean-up Program.

Claim Number:    Number the Clean-up Program staff assigned to the specific claim.

Contact Person:   Individual whom Clean-up Program staff will contact to process the claim. All DEEP questions, correspondence, technical evaluations, fiscal summaries, and decision letters are typically addressed to the designated contact person.

Large Station Applicant:   Owned, operated, leased, used, or had an interest in, at the time such applicant's first application was received by the UST Petroleum Clean-up Program, 100 or more separate parcels of real property, within or outside of the state, on which an underground storage tank system was or had been previously located.

Mid-size Station Applicant:   Owned, operated, leased, used, or had an interest in, at the time such applicant's first application was received by the UST Petroleum Clean-up Program, 6 to 99 separate parcels of real property, within or outside of the state, on which an underground storage tank system was or had been previously located.

Municipal Applicant:   Town, city or borough, whether consolidated or unconsolidated.

Other Applicant:   Not a municipal applicant or a small, mid-size or large station applicant. For example a neighboring property owner that has been impacted by the responsible party UST release.

Payee:   Person, corporation, or other entity designated by the applicant to receive payment from the Clean-up Program.  Please note that due to federal bankruptcy laws, this request may not be honored if the applicant declares bankruptcy.

Payment Election:   For Large and Mid-size Station Applicants only.  The selection of which payment rate the applicant chooses to be reimbursed and what year that reimbursement may occur under the reverse auction provisions.

Reduced Payment Election:  For Large and Mid-size Station Applicants only.  A payment election at or below the maximum amount payable in that fiscal year.

Release:   Any loss of petroleum to the environment from an eligible UST system (i.e., one containing motor fuel, waste oil without hazardous wastes, or heating oil for resale).

Responsible Party:    For an application or request for payment or reimbursement received on or after July 1, 2005, any person who (i) at any time owns, leases, uses or has an interest in the real property on which an underground storage tank system is or was located from which there is or has been a release or suspected release, regardless of when the release or suspected release occurred, or whether such person owned, leased, used or had an interest in the real property at the time the release or suspected release occurred, or whether such person owned, operated, leased or used the underground storage tank system from which the release or suspected release occurred, (ii) at any time owns, leases, operates, uses, or has an interest in an underground storage tank system from which there is or has been a release or suspected release, regardless of when the release or suspected release occurred or whether such person owned, leased, operated, used or had an interest in the underground storage tank system at the time the release or suspected release occurred, or (iii) is affiliated with a person described in subclause (i) or (ii) of this subparagraph through a direct or indirect familial relationship or any contractual, corporate or financial relationship.

For example:

  • Any person, corporation, or other entity who at any time owns, leases, uses, or has an interest in real property on which the UST system from which the release emanates or emanated, was or is located.
  • Any person, corporation, or other entity who at any time owns, leases, operates, uses, or had an interest in the UST system from which the release emanates or emanated.
  • Anyone affiliated with the UST system owner/operator, etc. or the property owner/lessor, etc. through a direct or indirect familial relationship or any contractual, corporate, or financial relationship.

Reverse Auction:   For Large Station and Mid-size Station Applicants only.  Applicants submit payment elections to designate what reduction, if any, in the amount that has been or will be ordered to be paid from the Underground Storage Tank Petroleum Clean-Up Program (“the Program”), such applicant is willing to accept.  Payment to applicants will be prioritized according to those who are willing to accept the greatest reduction. 

Signatory:   Person who signs his or her name.

Site:   Real property on which the leaking UST(s) is or was located.

Site Number:   Number assigned by the Clean-up Program staff for the UST release.

Small Station:   Owned, operated, leased, used, or had an interest in, at the time such applicant's first application was received by the UST Petroleum Clean-up Program, 5 or fewer separate parcels of real property, within or outside of the state, on which an underground storage tank system was or had been previously located.

Third party:    Person other than a responsible party, such as an adjacent property owner or person who has suffered bodily injury, property damage, and/or damage to natural resources.

UST:    Underground storage tank system(s).

Content last updated July 30, 2013.