An Act To Amend Certain Laws Administered by the Department of Environmental Protection
Maine Legislature, Session 121, LD 1655
Committee: Natural Resources
Sponsors: MARTIN, KOFFMAN, SAWYER, DAIGLE
Amends: 38 MRSA §343-H, 38 MRSA §413, 38 MRSA §464, 38 MRSA §467, 38 MRSA §551, 38 MRSA §564, 38 MRSA §569-A, 38 MRSA §1661-C, 38 MRSA §1865

Legislative Document 
No. 1655 
S.P.606 
In Senate, December 11, 2003 
An Act To Amend Certain Laws Administered by the Department 
of Environmental Protection 
Submitted by the Department of Environmental Protection pursuant to Joint Rule 204. 
Received by the Secretary of the Senate on December 11, 2003. Referred to the Committee 
on Natural Resources pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 
218. 
Presented by Senator MARTIN of Aroostook. 
Cosponsored by Representative KOFFMAN of Bar Harbor and· 
Senator: SAWYER of Penobscot, Representative: DAIGLE of Arundel. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRSA §343-H, sub-§4, as amended by PL 2001, c. 695, 
§1, is further amended to read: 
4. 
Reportinq. 
The directors shall jointly report on the 
activities of all state agencies under the initiative to the 
joint standing committee of the Legislature having jurisdiction 
over natural resources matters and the joint standing committee 
of the Legislature having jurisdiction over state government 
matters. 
The 
directors 
must 
submit their 
report 
Ee~--6~a~e 
a~eRe~e6-~~--~AaR-~-~~~~~~~-~&&~~~~~~&&-~--Ri~Re~ 
!ea~RiR~--~--!a~e~--~--JaR~a~y--~--6QQ&T--~--aieRRia!!y 
~Re~eaE~e~T--aR4-~-~~-~~~--~~~--!e~--6~a~e-6~ppeF~ea 
iR6~i~~t.ieR6-4~--hi"iJbe-r'--leaFRiR~ no later than January 1, 
6QQ4 
2..QQQ, 
and biennially thereafter. 
The report must identify the 
successes 
of 
and 
the 
obstacles 
to 
implementation 
of 
the 
initiative and may 
include 
recommendations for 
any statutory 
changes necessary to accomplish the initiative. 
Sec. 2. 38 MRSA §413, sub-§l-B, as affected by PL 1989, c. 
890, Pt. A, §40 and amended by Pt. B, §28, is further amended to 
read: 
I-B. 
License required for subsurface wastewater disposal 
systems. No person may install, operate or maintain a subsurface 
wastewater disposal 
system without first obtaining 
a 
license 
therefor 
from 
the department, 
except that 
a 
license is not 
required for systems designed and installed in conformance with 
the plumbing code, 
as promulgated by the Department of Human 
Services under Title 22, section 42. 
The department may by rule 
license categories of subsurface discharges when the discharges 
will not have a significant adverse effect on the quality or 
classification of groundwaters of the State. 
Sec. 3. 38 MRSA §464. sub-§3, 1[B, as amended by PL 2003, c. 
245, §7, is further amended to read: 
B. 
The board shall, from time to time, but at least once 
every -4-
J. years, hold public hearings for the purpose of 
reviewing 
the 
water 
quality 
classification 
system 
and 
related standards and, as appropriate, recommending changes 
in the standards to the Legislature. 
Sec. 4. 38 MRSA §467, sub-§2, as amended by PL 2003, c. 317, 
§4, is further amended to read: 
2. 
Dennys River Basin. 
A. 
Dennys River, main stem. 
(1) 
From the outlet of Meddybemps Lake to the A9y~e-~ 
Bunker Hill Road bridge - Class AA. 
(2) 
From the 
A9Yte--~ Bunker 
Hill 
Road 
bridge to 
tidewater 
Class B. 
Further, 
the Legislature finds 
that the free-flowing habitat of this river segment 
provides irreplaceable social and economic benefits and 
that this use must be maintained. 
B. 
Dennys River, tributaries -
Class A unless otherwise 
specified. 
(1) 
All tributaries entering below the A9y~e-~ Bunker 
Hill Road bridge - Class B. 
(2) 
Venture Brook in Edmunds Township - Class AA. 
Sec. 5. 38 MRS A §480-D, sub-§7, as enacted by PL 1987, c. 809, 
§2, is amended to read: 
7. 
Sand or gravel supply. 
If the activity is 
on or 
adjacent to a sand dune, it will not unreasonably interfere with 
the natural supply or movement of sand or gravel within or to the 
sand dune system or unreasonably increase the erosion hazard to 
the sand dune system. 
Sec. 6. 38 MRSA §551, sub-§2, 'J~ as enacted by PL 1991, c. 
817, §11, is amended to read: 
J. 
A 
~es~9BsiB~e--~a~ty claimant 
is 
not 
eligible 
for 
compensation under this subsection for costs, expenses or 
damages related to tae-6~eeifie ~ discharge f9~-waiea-tae if 
the 
commissioner 
determines 
that 
the 
claimant 
is 
a 
responsible party is-aete~ffiiBea-te6~9R6iB~e as defined under 
section 542, subsection 9-C. 
Sec. 7. 38 MRSA §551, sub-§2, 11M is enacted to read: 
M. 
The commissioner may dismiss a 3rd-party damage claim 
for untimely filing, for failure by the claimant to provide 
the information necessary to process the claim within 60 
days after the claimant receives written notice that the 
claim is insufficient for processing or for ineligibility as 
determined 
by 
the 
commissioner 
under 
paragraph 
J. 
A 
dismissal may be appealed to Superior Court in accordance 
with Title 5, chapter 375, subchapter 7. 
Sec. 8. 38 MRSA §564, sub-§ 2-A, ,H, as amended by PL 1993, c . 
732, Pt. A, §2, is further amended to read: 
H. 
Reporting to the commissioner 
any of 
the 
following 
indications of a possible leak or discharge of oil: 
(1) 
Unexplained 
differences 
in 
reconciliation 
values 
that, 
over 
a 
exceed 1.0% of the product throughput; 
daily 
inventory 
30-day 
period, 
(2) 
Unexplained losses detected through statistical 
analysis of inventory records; 
(3) 
Detection of product in a monitoring well or by 
other leak detection methods; 
(4) 
Failure of 
a 
tank 
or 
p~p~ng precision test, 
hydrostatic test or other tank or piping tightness test 
approved by the department; and 
(5) 
Discovery of oil e~€-6i~e on or under the premises 
or 
abutting 
properties, 
including 
nearby 
utility 
conduits, 
sewer 
lines, 
buildings, 
drinking 
water 
supplies and soil. 
The 
rules 
may 
not 
require 
the reporting of 
a 
leak or 
discharge of oil above ground of 10 gallons or less that 
occurs 
on the premises, 
including, 
but not limited to, 
spills, overfills and leaks, when those leaks or discharges 
do not reach ~Fe~»a-wa~eF groundwaters or surface waters of 
the State and are cleaned up within 24 hours of discovery, 
if a written log is maintained at the facility or the 
owner's place of business in this State. 
For each discharge 
the log must record the date of discovery, its source, the 
general location of the discharge at the facility, the date 
and method of cleanup and the signature of the facility 
owner or operator certifying the accuracy of the log; 
Sec. 9. 38 MRSA §564, sub-§2-A, as amended by PL 1995, c. 493, 
§10, is further amended by amending the last paragraph to read: 
The 
requirements in paragraphs A and B do not apply to the 
following tanks provided the associated piping has 
secondary 
containment or a suction pump product delivery system or another 
leak detection system approved by the commissioner and provided 
that the tank and associated piping have been installed and are 
operated in accordance with the requirements of this subchapter, 
including rules adopted under this subchapter: 
tanks providing 
product to 
a generator; 
double-walled tanks with continuous 
interstitial space monitoring; and existing tanks constructed of 
fiberglass, 
cathodically 
protected 
steel 
or 
another 
commissioner-approved noncorrosive material that are monitored 
for a leak by a method able to detect a product loss or gain 
of 
gT~ 0.2 gallons or less per hour. 
Sec. 10. 38 MRSA §S64, sub-§3, as repealed and replaced by PL 
1991, c. 66, Pt. B, §6, is repealed. 
Sec. 11. 38 MRSA §S69-A, sub-§2, tI, as enacted by PL 1991, c. 
817, §26, is amended to read: 
I. 
A 
FespsBsiale--paFty 
claimant 
is 
not 
eligible 
for 
compensation under this subsection for costs, expenses or 
damages related to tRe-speeifie ~ discharge fSF-waieR-tRe if 
the 
commissioner 
determines 
that 
the 
claimant 
is 
a 
responsible party 
is-~-~e6psRs4ale as defined under 
section 562-A, subsection 17. 
Sec. 12. 38 MRSA §569-A, sub-§2, 1JL is enacted to read: 
L. 
The commissioner may dismiss a 3rd-party damage claim 
for untimely filing, for failure by the claimant to provide 
the information necessary to process the claim within 60 
days after the claimant receives written notice that the 
claim is insufficient for processing or for ineligibility as 
determined 
by 
the 
commissioner 
under 
paragraph 
I. 
A 
dismissal may be appealed to Superior Court in accordance 
with Title 5, chapter 375, subchapter 7. 
Sec. 13. 38 MRSA §S70-K, sub-§5, as amended by PL 2003, c. 
245, §19, is further amended to read: 
5. 
Spill prevention 
and 
control. 
An 
aboveground 
oil 
storage facility used in the marketing and distribution of oil to 
others 
must 
be 
operated 
in 
compliance 
with 
the 
federal 
requirements 
for 
the preparation and 
implementation of spill 
prevention control and countermeasure plans under 
Code of 
Federal Regulations, 112 in effect on April 17, 2003. 
Failure to 
comply with those federal requirements in accordance with the 
deadlines 
set 
by 
the 
United States 
Environmental 
Protection 
Agency constitutes a violation of this Title. 
If the department 
believes that a facility's plan does not satisfy those federal 
requirements, the department shall request an opinion from the 
United States Environmental Protection Agency as to the legal 
adequacy of the plan and any amendment necessary to bring the 
facility into compliance with those federal requirements. 
The 
department shall prepare educational and technical materials for 
use by facilities affected by this subsection. This subsection is 
repealed October 1, 
~gg§ 2010. 
Sec. 14. 38 MRSA §1661-C, sub-§4, ,A, as enacted by PL 2001, 
c. 373, §3, is amended to read: 
A. 
Will use the mercury only for medical, dental amalgam 
dispose-capsT or research e~-maBQ'ae~Q~iB~ purposes; 
Sec. 15. 38 MRSA §l864, 2nd" as enacted by PL 2001, c. 434, 
Pt. A, §7, is repealed. 
Sec. 16. 38 MRSA §1865 is enacted to read: 
§1865. 
Public water sqpplies 
If an infested water body pursuant to section 1864 is a 
public 
drinking 
water 
supply, 
public 
notification 
by 
the 
commissioner 
and 
the 
Commissioner 
of 
Inland 
Fisheries 
and 
Wildlife is required prior to any response action that proposes 
the use of a chemical control agent. 
Public notification must 
include, at a minimum, notification of adjoining municipalities, 
property owners, 
drinking water suppliers who 
use that water 
supply and other affected persons, and must provide adequate time 
for public review and comment on the proposed emergency action. 
Chemical control agents may not be used on a water body that is a 
public water supply without the prior written consent of each 
public water supplier using that water body. 
SUMMARY 
This bill makes the following changes to laws administered 
by the Department of Environmental Protection. 
1. 
It reduces the frequency of reporting under the Clean 
Government Initiative. 
Under current law, the directors of the 
·36 
initiative are required to file a report with the Legislature 
every year. 
This bill moves 
to biennial reporting beginning 
January 1, 2006. 
2. 
It gives the department authority to license categories 
of subsurface discharges by rule when the discharges will not 
have 
a 
significant 
adverse 
effect 
on 
the 
quality 
or 
classification of groundwaters of the State. 
3. 
It changes the frequency of a public hearing requirement 
to accord with minimum federal requirements concerning hearings 
related bo the review of water quality standards. 
4. 
It corrects an error in the existing statute governing 
the water quality classification of the 
Dennys 
River 
Basin. 
Presently, the statute inadvertently identifies the wrong bridge 
relative to where tidewater occurs on the Dennys River. 
This 
bill changes the statute to designate the correct bridge relative 
to the location of tidewaters. 
5. 
It amends 
the 
"sand supply" 
standard in the Maine 
Revised Statutes, Title 38, section 480-D, subsection 7 by adding 
"or gravel" in order to make it consistent with the definition of 
"coastal 
sand 
dune 
systems" 
in 
Title 
38, 
section 
480-8, 
subsection 1. 
6. 
It makes 
a 
claimant ineligible to receive 3rd-party 
damage payments from the Maine Coastal and Inland Surface Oil 
Clean-up Fund or the Ground Water Oil Clean-up Fund if the 
claimant caused the oil discharge that resulted in the damages or 
the 
claimant 
otherwise 
meets 
the 
definition of 
"responsible 
party" under Maine oil discharge law. 
7. 
It 
authorizes 
the 
Commissioner 
of 
Environmental-
Protection to dismiss a claim for damages associated with an oil 
discharge if the claim is not timely filed, the claimant does not 
provide the information needed to process 
the 
claim or 
the 
claimant is found to be responsible for the discharge. 
8. 
It provides that the discovery of oil in drinking water 
supplies, 
soil 
or 
other 
locations 
on 
the 
premises 
of 
an 
underground 
storage 
facility 
is 
evidence 
of 
a 
leak. 
Such 
evidence of leakage must be reported to the department unless 
reporting is otherwise exempted under existing provisions of law. 
9. 
It 
allows 
operators 
of 
underground 
oil 
storage 
facilities to forego inventory analysis if the storage tanks are 
monitored for leaks by a method able to detect a product loss of 
0.2 gallons or less per hour. 
Current law allows this only if 
the monitoring system is capable of detecting a product loss of 
0.1 gallons or less per hour. 
10. 
It repeals 
obsolete 
language. governing bare 
steel 
underground oil storage tanks. 
The language is obsolete because 
all such tanks must have been removed from service by October 1, 
1998. 
The installation of new bare steel tanks is prohibited. 
11. 
It 
authority to 
control 
and 
facilities. 
extends 
the 
sunset 
date 
enforce federal requirements 
countermeasure 
plans 
at 
of 
the 
department's 
for spill prevention 
aboveground 
storage 
12. 
governing 
It 
deletes 
an 
incongruent 
reference 
the 
sale 
of 
elemental 
mercury 
for 
in 
the 
law 
manufacturing 
purposes. 
13. 
It deletes text appearing in Title 38, section 1864 
that requires prior written consent from public water suppliers 
before chemical control agents are used on a waterbody that is a 
public water supply, and moves the text to its own section. 
The 
change 
is 
proposed 
so 
that 
the 
consent 
would 
be 
required 
regardless of whether watercraft use had been restricted for the 
waterbody due to the presence of invasive plants.