The board shall adopt rules necessary to minimize, to the extent practicable, the potential for discharges of oil from underground oil storage facilities not used to store motor fuels or in the marketing and distribution of oil to others. These rules apply to all underground heating oil storage facilities that are used for consumption on the premises or by the owner or operator of the facility and all other tanks and facilities that are not governed by the requirements of section 564. These rules are limited to the following requirements. [PL 1989, c. 865, §11 (AMD).]
1. Design and installation standards for new and replacement facilities. Design and installation standards for new and replacement tanks are as follows.
A. The installation of new or replacement tanks and piping constructed of bare steel or asphalt-coated steel is prohibited. All new and replacement facilities must include secondary containment and continuous monitoring of the interstitial space for all tanks, piping and ancillary equipment. All below ground ancillary equipment must be constructed of fiberglass, cathodically protected steel or equally noncorrosive materials approved by the department. [PL 1989, c. 865, §11 (AMD).]
B. All new and replacement facilities must be installed by an underground oil storage tank installer who has been properly certified pursuant to Title 32, chapter 104?A, and must be registered with the commissioner prior to installation pursuant to section 563. Underground gasoline storage tanks may be removed by an underground gasoline storage tank remover who has been properly certified pursuant to Title 32, chapter 104?A. [PL 1989, c. 312, §18 (AMD); PL 1989, c. 865, §11 (AMD).]
B-1. New and replacement facilities with a capacity in excess of 1,100 gallons must prevent overfills and spills by the installation of overfill catchment basins and the use of automatic shut-off devices or tank alarms. [PL 1991, c. 494, §7 (AMD).]
C. [PL 1989, c. 865, §11 (RP).]
D. [PL 1989, c. 865, §11 (RP).]

[PL 1991, c. 494, §7 (AMD).]

Terms Used In Maine Revised Statutes Title 38 Sec. 565

  • Ancillary equipment: means devices including, but not limited to, piping, fittings, flanges, valves and pumps used to distribute, meter or control the flow of oil to an underground storage tank. See Maine Revised Statutes Title 38 Sec. 562-A
  • Discharge: means any spilling, leaking, pumping, pouring, emitting, escaping, emptying or dumping. See Maine Revised Statutes Title 38 Sec. 562-A
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • 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 an aboveground oil storage facility or an underground oil storage facility. See Maine Revised Statutes Title 38 Sec. 562-A
  • Gasoline: means a volatile, highly flammable liquid with a flashpoint of less than 100° Fahrenheit obtained from the fractional distillation of petroleum. See Maine Revised Statutes Title 38 Sec. 562-A
  • Leak: means a loss or gain of 0. See Maine Revised Statutes Title 38 Sec. 562-A
  • 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 nonhazardous waste, crude oils and all other liquid hydrocarbons regardless of specific gravity. See Maine Revised Statutes Title 38 Sec. 562-A
  • Operator: means a person in control of, or having responsibility for, the daily operation of an oil storage facility. See Maine Revised Statutes Title 38 Sec. 562-A
  • Secondary containment: means a system installed so that any material that is discharged or has leaked from the primary containment is prevented from reaching the soil or ground water outside the system for the anticipated period of time necessary to detect and recover the discharged material. See Maine Revised Statutes Title 38 Sec. 562-A
  • tank: means any aboveground container, less than 10% of the capacity of which is beneath the surface of the ground, that is used or intended to be used for the storage or supply of oil. See Maine Revised Statutes Title 38 Sec. 562-A
  • Underground gasoline storage tank: means a single tank or container, 10% or more of which is underground, together with associated piping and dispensing facilities and that is used, or intended to be used, for the storage or supply of gasoline. See Maine Revised Statutes Title 38 Sec. 562-A
2. Testing requirements and reporting of leaks for existing, new and replacement facilities and tanks. Testing requirements and reporting of leaks for existing, new and replacement facilities and tanks are as follows.
A. The owner or operator is required to report promptly upon discovery to the commissioner any evidence of a leak or discharge of oil. [PL 1989, c. 865, §11 (AMD); PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §142 (AMD).]
B. [PL 1991, c. 66, Pt. A, §25 (RP).]
C. When a monitoring well is installed at an existing facility governed by this section, the owner or operator of the facility is required to sample that well at least every 6 months; to maintain records of all sampling results at the facility or at the facility owner’s place of business; and to report to the commissioner any sampling results showing evidence of a possible leak or discharge of oil. [PL 1991, c. 66, Pt. A, §26 (RPR).]
D. For leak detection devices other than monitoring wells installed at an existing facility governed by this section, the owner or operator of the facility is required to test for leaks at least once every 6 months; to maintain records of all testing results at the facility or at the facility owner’s place of business; and to report to the commissioner any test results showing evidence of a possible leak or discharge of oil. [PL 1989, c. 865, §11 (NEW).]

[PL 1991, c. 66, Pt. A, §§25, 26 (AMD).]

SECTION HISTORY

PL 1985, c. 496, §A14 (NEW). PL 1985, c. 626, §§5,6 (AMD). PL 1987, c. 402, §A201 (AMD). PL 1987, c. 491, §12 (AMD). PL 1989, c. 312, §18 (AMD). PL 1989, c. 593, §2 (AMD). PL 1989, c. 865, §11 (AMD). PL 1989, c. 890, §§A40,B142- 144 (AMD). PL 1991, c. 66, §§A25,26 (AMD). PL 1991, c. 494, §7 (AMD).
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