Title 12, Chapter 14, Section 1
As used in this chapter, the term:
(1) "Board" means the Board of Natural Resources of the State of
(2) "Director" means the director of the Environmental Protection
Division of the Department of Natural Resources.
(3) "Division" means the Environmental Protection Division of the
Department of Natural Resources.
(4) "Hazardous substance" means any substance designated pursuant
to Section 311(b)(2)(A) of the federal Clean Water Act, 33 U.S.C.
Section 1321(b)(2)(A); any element, compound, mixture, solution,
or substance designated pursuant to Section 102 of 42 U.S.C.
Section 9602; any hazardous waste having the characteristics
identified under or listed pursuant to Section 3001 of the Solid
Waste Disposal Act, 42 U.S.C. Section 6921, but not including any
waste the regulation of which under the Solid Waste Disposal Act
has been suspended by act of Congress; any toxic pollutant listed
under Section 307(a) of the federal Clean Water Act, 33 U.S.C.
Section 1317(a); any hazardous air pollutant listed under Section
112 of the federal Clean Air Act, 42 U.S.C. Section 7412; and any
imminently hazardous chemical substance or mixture with respect to
which the administrator of the United States Environmental
Protection Agency has taken action pursuant to Section 7 of the
Toxic Substance Control Act, 15 U.S.C. Section 2606. The term
does not include petroleum, including crude oil or any fraction
thereof, which is not otherwise specifically listed or designated
as a hazardous substance in the first sentence of this paragraph,
and the term does not include natural gas, natural gas liquids,
liquefied natural gas, synthetic gas usable for fuel, or mixtures
of natural gas and such synthetic gas.
(5) "Oil" includes but is not limited to gasoline, crude oil, fuel
oil, diesel oil, lubricating oil, sludge, oil refuse, oil mixed
with wastes, and any other petroleum related product.
(6) "Person" includes an individual, trust, firm, joint-stock
company, corporation, partnership, association, county, municipal
corporation, political subdivision, interstate body, the state and
any agency or authority thereof, and the federal government and
any agency thereof.
(7) "Reportable quantity" means the amount of a hazardous
substance which, if released into the environment in such quantity
within any 24 hour period, must be reported to the division in the
event of a spill or release. The reportable quantity for mixtures
is the amount of the hazardous substance components of a mixture.
Reportable quantities are those listed in 40 C.F.R. Part 302 -
Designation, Reportable Quantities and Notification.
(8) "Spill or release" means the discharge, deposit, injection,
dumping, spilling, emitting, releasing, leaking, or placing of any
hazardous substance into the air or into or on any land or water
of the state, except from an underground storage tank and all
plumbing and piping relating thereto or except high-level or
low-level radioactive waste from a federally licensed nuclear
facility or as authorized by state or federal law or a permit from
the division. This term shall also mean the discharge of oil into
waters of this state which will cause a significant film or sheen
upon or discoloration of the surface of such waters or adjoining
shorelines or cause a sludge or emulsion to be deposited beneath
the surface of such waters or upon adjoining shorelines.
Accidental discharges of oil made by an individual during
maintenance of that individual's personal vehicle or farm
machinery shall be exempt.