Maine Revised Statutes Title 38 Sec. 552-B – Financial responsibility and facility closure
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1. Financial responsibility; liability and facility closure costs. An owner or operator of an oil terminal facility shall provide to the department evidence of the owner’s or operator’s financial ability to satisfy the liability imposed pursuant to section 552 and to satisfy estimated probable facility closure costs in compliance with this subchapter and rules adopted by the department.
A. The owner or operator of a facility shall provide to the department evidence of the owner’s or operator’s financial ability to satisfy the liability imposed pursuant to section 552 in an amount no less than $2,000,000. [PL 2019, c. 678, §6 (NEW); PL 2019, c. 678, §7 (AFF).]
B. To be eligible for a license required under this subchapter, the owner or operator of a facility shall file with the department an estimate of probable facility closure costs and a preliminary facility closure plan and shall provide evidence of the owner’s or operator’s financial ability to satisfy those estimated costs. [PL 2019, c. 678, §6 (NEW); PL 2019, c. 678, §7 (AFF).]
C. Subject to the approval of the department, the owner or operator of a facility may establish the owner’s or operator’s financial ability to satisfy the probable facility closure costs estimated under paragraph B by one or a combination of the following: insurance and risk retention group coverage, guarantee, surety bond, letter of credit or trust fund. In determining the adequacy of evidence of such financial ability, the department shall consider the criteria in 40 Code of Federal Regulations, Sections 280.96 to 280.99, 280.102 and 280.103. [PL 2019, c. 678, §6 (NEW); PL 2019, c. 678, §7 (AFF).]
D. Failure by the owner or operator of a facility to meet the requirements of this subsection and the department’s rules may result in, but is not limited to, nonrenewal or revocation of the owner’s or operator’s license in accordance with subsection 3. [PL 2019, c. 678, §6 (NEW); PL 2019, c. 678, §7 (AFF).]
[PL 2019, c. 678, §6 (NEW); PL 2019, c. 678, §7 (AFF).]
Terms Used In Maine Revised Statutes Title 38 Sec. 552-B
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- facility: means any facility of any kind and related appurtenances, located in, on or under the surface of any land or water, including submerged lands, that is used or capable of being used for the purpose of transferring, processing or refining oil, or for the purpose of storing the same, but does not include any facility used or capable of being used to store no more than 1,500 barrels or 63,000 gallons, nor any facility not engaged in the transfer of oil to or from waters of the State. See Maine Revised Statutes Title 38 Sec. 542
- Facility closure: means :
A. See Maine Revised Statutes Title 38 Sec. 542Fund: means the Maine Ground and Surface Waters Clean-up and Response Fund. See Maine Revised Statutes Title 38 Sec. 542 Oil: means oil, oil additives, petroleum products and their by-products of any kind and in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse, oil mixed with other wastes, liquid asphalt, bunker fuel, crude oils and all other liquid hydrocarbons regardless of specific gravity. See Maine Revised Statutes Title 38 Sec. 542 Owner or operator: means any person owning or operating an oil terminal facility whether by lease, contract or any other form of agreement or a person in control of, or having responsibility for, the daily operation of an oil storage facility. See Maine Revised Statutes Title 38 Sec. 542
2. Facility closure requirements. An owner or operator shall close an oil terminal facility in compliance with a written facility closure plan that meets standards for safe closure and facility site remediation.
A. An owner or operator shall file a written facility closure plan with the department within 60 days of a decision to close an oil terminal facility and may not carry out facility closure activities until the department has approved the facility closure plan. [PL 2019, c. 678, §6 (NEW); PL 2019, c. 678, §7 (AFF).]
B. The department shall review the facility closure plan to determine compliance with applicable rules, consistent with a processing time schedule adopted by the department. The department’s approval must include a timeline for completion by the owner or operator of the facility closure plan, including dates for performance of specific closure tasks. [PL 2019, c. 678, §6 (NEW); PL 2019, c. 678, §7 (AFF).]
C. The owner or operator shall complete the facility closure in accordance with the approved facility closure plan and to the satisfaction of the department. The department may conduct inspections, including, but not limited to, soil, groundwater and other testing, as a part of and to determine compliance with the approved facility closure plan. [PL 2019, c. 678, §6 (NEW); PL 2019, c. 678, §7 (AFF).]
D. Following completion of the facility closure, the owner or operator shall file a written facility closure completion report with the department, which must include a certification from an independent licensed professional engineer that the facility closure was conducted in accordance with the approved facility closure plan and that all regulated substances have been removed or remediated to the satisfaction of the department. [PL 2019, c. 678, §6 (NEW); PL 2019, c. 678, §7 (AFF).]
E. The department shall post the facility closure plan, departmental approval, inspection and testing results and completion report, including the independent licensed professional engineer’s certification, on the department’s publicly accessible website for 5 years following the completion of the facility closure. [PL 2019, c. 678, §6 (NEW); PL 2019, c. 678, §7 (AFF).]
[PL 2019, c. 678, §6 (NEW); PL 2019, c. 678, §7 (AFF).]
3. Enforcement. An owner or operator that fails to comply with the requirements of this section is subject to enforcement action by the department, including, but not limited to, revocation of the license of the owner or operator required by sections 544 and 545.
[PL 2019, c. 678, §6 (NEW); PL 2019, c. 678, §7 (AFF).]
SECTION HISTORY
PL 2019, c. 678, §6 (NEW). PL 2019, c. 678, §7 (AFF).