§ 561 Findings; purpose
§ 562-A Definitions
§ 563 Registration and inspection of underground oil storage tanks and piping
§ 563-A Prohibition of nonconforming underground oil storage facilities and tanks
§ 563-B Regulatory powers of department
§ 564 Regulation of underground oil storage facilities used to store motor fuels or used in the marketing and distribution of oil
§ 565 Regulation of underground oil storage facilities used for consumption on the premises or by the owner or operator
§ 565-A Authority to prohibit product delivery
§ 566-A Abandonment of underground oil storage facilities and tanks
§ 567 Certification of underground tank installers
§ 567-A Certifications
§ 568 Cleanup and removal of prohibited discharges
§ 568-A Fund coverage requirements
§ 568-B Clean-up and Response Fund Review Board created
§ 569-C Limited exemption from liability for state or local governmental entities
§ 570 Liability
§ 570-C Municipal ordinances; powers limited
§ 570-D Transition
§ 570-F Special provisions
§ 570-G Construction
§ 570-I Budget approval
§ 570-J Personnel and equipment
§ 570-K Aboveground oil storage facilities
§ 570-L Budget approval; aboveground tanks program
§ 570-M Prohibition on adding water to well
§ 570-N Rules; wastewater treatment tank systems

Terms Used In Maine Revised Statutes > Title 38 > Chapter 3 > Subchapter 2-B - Oil Storage Facilities and Ground Water Protection

  • Aboveground oil storage facility: means any aboveground oil storage tank or tanks, together with associated piping, transfer and dispensing facilities located over land or water of the State at a single location for more than 4 months per year and used or intended to be used for the storage or supply of oil. See Maine Revised Statutes Title 38 Sec. 562-A
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • 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
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Applicant: means the owner or operator of an underground oil storage facility or an aboveground oil storage facility that has suffered a discharge of oil and who is seeking coverage of eligible clean-up costs and 3rd-party damage claims from the fund. See Maine Revised Statutes Title 38 Sec. 562-A
  • Barrel: means 42 United States gallons at 60° Fahrenheit. See Maine Revised Statutes Title 38 Sec. 562-A
  • Cathodic protection tester: means an underground storage tank installer certified by the Maine Board of Underground Storage Tank Installers or a person certified by the commissioner pursuant to section 567?A. See Maine Revised Statutes Title 38 Sec. 562-A
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Corrosion expert: means a person who is certified by the commissioner pursuant to section 567?A, as qualified to engage in the practice of corrosion control on buried or submerged metal piping systems and metal tanks. See Maine Revised Statutes Title 38 Sec. 562-A
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • 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.
  • Double-walled tank: means an underground oil storage tank providing no less than 300` secondary containment, interstitial space monitoring and secondary containment for pressurized product delivery pipe connections. See Maine Revised Statutes Title 38 Sec. 562-A
  • Eligible clean-up costs: means those direct expenses including expenses for site investigation that:
A. See Maine Revised Statutes Title 38 Sec. 562-A
  • 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.
  • existing underground oil storage tank: means any facility or tank, as defined in subsections 21 and 22, fully installed as of April 19, 1990, the location of which has not changed. See Maine Revised Statutes Title 38 Sec. 562-A
  • facility: means an aboveground oil storage facility or an underground oil storage facility. See Maine Revised Statutes Title 38 Sec. 562-A
  • Fund: means the Maine Ground and Surface Waters Clean-up and Response Fund. 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
  • Heavy oil: means forms of oil that must be heated during storage, including, but not limited to, #5 and #6 oils. See Maine Revised Statutes Title 38 Sec. 562-A
  • in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Leak: means a loss or gain of 0. See Maine Revised Statutes Title 38 Sec. 562-A
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72
  • Motor fuel: means oil that is motor gasoline, aviation gasoline, #1 or #2 diesel fuel or any grade of gasohol typically used in the operation of a vehicle or motor engine. See Maine Revised Statutes Title 38 Sec. 562-A
  • Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Occurrence: means a contamination incident or prohibited discharge associated with one or more tanks or piping at an underground oil storage facility or an aboveground oil storage facility within one year. 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
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means any natural person, firm, association, partnership, corporation, trust, the State and any agency of the State, governmental entity, quasi-governmental entity, the United States and any agency of the United States and any other legal entity. See Maine Revised Statutes Title 38 Sec. 562-A
  • Primary sand and gravel recharge area: means the surface area directly overlying sand and gravel formations that provides direct replenishment of ground water in sand and gravel and fractured bedrock aquifers. See Maine Revised Statutes Title 38 Sec. 562-A
  • Quorum: The number of legislators that must be present to do business.
  • Real estate: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Responsible party: means any one or more of the following persons:
    • A. See Maine Revised Statutes Title 38 Sec. 562-A
  • review board: means the board created in section 568?B. 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
  • Sensitive geologic areas: means significant ground water aquifers and primary sand and gravel recharge areas, as defined in this section, areas located within 1,000 feet of a public drinking water supply and areas located within 300 feet of a private drinking water supply. See Maine Revised Statutes Title 38 Sec. 562-A
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Significant ground water aquifer: means a porous formation of ice contact and glacial outwash sand and gravel or fractured bedrock that contains significant recoverable quantities of water likely to provide drinking water supplies. See Maine Revised Statutes Title 38 Sec. 562-A
  • Structure: means anything temporarily or permanently located, built, constructed or erected for the support, shelter or enclosure of persons, animals, goods or property of any kind and anything constructed or erected on or in the ground. See Maine Revised Statutes Title 38 Sec. 436-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
  • Underground oil storage facility: means any underground oil storage tank or tanks, as defined in subsection 22, together with associated piping and dispensing facilities located under any land at a single location and used, or intended to be used, for the storage or supply of oil, as defined in this subchapter. See Maine Revised Statutes Title 38 Sec. 562-A
  • United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
  • Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72