An Act To Address Reporting of Certain Low-quantity Oil Releases
Maine Legislature, Session 121, LD 0651
Committee: Natural Resources
Sponsors: SAVIELLO, MARTIN, ANNIS, JENNINGS, JOY, PINEAU, THOMPSON, TOBIN, SAWYER, WOODCOCK
Amends: 38 MRSA §550-A

Legislative Document 
No. 651 
H.P.481 
House of Representatives, February 11,2003 
An Act To Address Reporting of Certain Low-quantity Oil Releases 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Representative SAVIELLO of Wilton. 
Cosponsored by Senator MARTIN of Aroostook and 
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MILLICENT M. MacFARLAND 
Clerk 
Representatives: ANNIS of Dover-Foxcroft, JENNINGS of Leeds, JOY of Crystal, PINEAU 
of Jay, THOMPSON of China, TOBIN of Windham, Senators: SAWYER of Penobscot, 
WOODCOCK of Franklin. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRSA ~550. first,. as repealed and replaced by PL 
1991, c. 66, Pt. A, §18, is amended to read: 
Any person who causes or is responsible for a discharge in 
violation of section 543 that does not meet the requirements of 
section 550-A is not subject to any fines or civil penalties if 
that person: 
Sec. 2. 38 MRSA §550-A is enacted to read: 
§550-A. 
Requirements for certain discharges of 50 gallons or less 
Notwithstanding section 550, 
any person who 
causes or is 
responsible for a discharge of 50 gallons or less in violation of 
section 543 is not subject to any fines or civil penalties if: 
1. 
Discharge quantity. 
The quantity of material discharged 
or released is 50 gallons or less, except that the 50-gallon 
limitation does not apply to a discharge within a structure or 
secondary 
containment if 
the 
material 
is entirely contained 
within the 
immediate spill area, 
or 
where 
the discharge is 
conveyed via floor drains or sewer lines to an on-site wastewater 
treatment plant that is 
licensed 
by 
the 
department 
and 
is 
operated and maintained to prevent the material from reaching 
surface or groundwater; 
2. 
Removes material. 
That person promptly 
removes 
the 
discharge in accordance with the rules and orders of the board or 
commissioner; 
3. 
Discharge type. 
The material discharged or released is 
limited to hydraulic fluid; lubricating oil; motor oil; #2 fuel 
oil; diesel fuel; #5 oil; #6 oil; crude oil; or mineral oil known 
to 
contain 
less 
than 
parts 
per 
million 
polychlorinated 
biphenyls; 
4. 
Surface or groundwater. 
The discharge or release does 
not reach surface water or groundwater; 
5. 
Control 
of 
location. 
For 
discharges 
or 
releases 
occurring at a location over which the owner of the equipment 
suffering the discharge or release does not have control or 
ownership, 
a 
companywide spill contingency plan and procedures 
exist that address such discharges or releases; and 
6. 
Record keeping. 
The owner or operator of the equipment 
suffering the discharge or release documents the discharge or 
release. 
The owner or operator shall maintain the documentation 
for 
a 
period of 
no 
less 
than 
years 
and 
shall 
make 
the 
documentation available 
upon 
request of 
the 
department. 
The 
documentation must include the following information: 
A. 
The date of the discharge or release; 
B. 
The location of the discharge or release; 
C. 
The material discharged or released; 
D. 
The quantity of the discharge or release; 
E. 
The cause of the discharge or release; 
F. 
A description of the area affected: and 
G. 
Clean-up measures implemented. 
SUMMARY 
This bill provides requirements for oil discharges of 
gallons or less.