An Act To Prevent Motor Fuel Spills from Aboveground Storage Tanks That Have Underground Piping
Maine Legislature, Session 122, LD 1768
Committee: Natural Resources
Sponsors: COWGER, DUCHESNE
Amends: 38 MRSA §563, 38 MRSA §570-K

Legislative Document 
No. 1768 
S.P.685 
In Senate, December 30, 2005 
An Act To Prevent Motor Fuel Spills from Aboveground Storage 
Tanks That Have Underground Piping 
Submitted by the Department of Environmental Protection pursuant to Joint Rule 204. 
Received by the Secretary of the Senate on December 28,2005. Referred to the Committee 
on Natural Resources pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 
401. 
Presented by Senator COWGER of Kennebec. 
Cosponsored by Representative DUCHESNE of Hudson. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary ofthe Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRSA §563, as amended by PL 2001, c. 231, §17 and 
c. 626, §§12 and 13, is further amended to read: 
§563. Reqistration and inspection of underground oil 
storage tanks and piping 
1. 
Prohibition 
on 
unregistered 
tanks. 
The 
following 
prohibition on unregistered tanks applies. 
A. 
A person may not install, or cause to be installed, a 
new or replacement underground oil storage facility without 
first having registered the facility with the commissioner 
in accordance with the requirements of subsection 2, 
and 
having paid the registration fee in accordance with the 
requirements of subsection 4, 
at least 10 business days 
prior 
to 
installation. 
If 
compliance 
with 
this 
time 
requirement is impossible due to an emergency situation, the 
owner 
or operator of the facility at which the 
new or 
replacement facility is to be installed shall inform the 
commissioner as soon as the emergency becomes known. 
The owner or operator shall make available a copy of 
facility's registration at that facility for inspection 
the commissioner and authorized municipal officials. 
the 
by 
B. 
No 
person may operate, maintain or store oil in an 
underground oil storage facility after May 1, 1986, unless 
each 
underground oil 
storage 
tank 
at 
that facility 
is 
registered with the commissioner. 
2. 
Information required for registration. 
The 
owner or 
operator of an underground oil storage facility shall provide the 
commissioner 
with 
the 
following 
information 
on 
a 
form 
in 
triplicate to be developed and provided by the commissioner; one 
copy to be submitted to the commissioner, one copy to be promptly 
submitted upon completion to the municipality and one copy to be 
retained by the owner or operator: 
A. 
The name, address and telephone number of the owner of 
the underground oil storage tank to be registered; 
B. 
The name, 
address 
having responsibility 
registered; 
and telephone number 
for the operation of 
of 
the 
the person 
tank to be 
C. 
The location of the facil i ty 
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Page I-LR2942(l) 
• 
E. 
The size of the tank to be registered; 
F. 
The type of tank or tanks and piping at the facility and 
the type of product stored or contained in the tank or tanks 
and piping; 
G. 
For new, replacement or retrofitted facilities, the name 
of 
the installer, 
the expected date of installation or 
retrofit, the nature of any emergency pursuant to subsection 
1, paragraph A, if applicable, 
and a description or plan 
showing the layout of the facility or tank, including the 
form of secondary containment, other forms of leak detection 
or 
equipment 
to 
be 
installed pursuant 
to 
section 
564, 
subsection 1, paragraph A and, when applicable, the method 
of retrofitting leak detection pursuant to 
section 564, 
subsection 1 or I-A; 
H. 
For existing facilities and tanks, the best estimate of 
the age and type of tank or tanks and underground piping at 
the facility; and 
I. 
EHpitatiea 
For 
undergro~nd oil 
storage 
tanks, 
the 
expiration date of tank manufacturer's warranty. 
3. 
Amended registration required. 
The owner or operator of 
an 
underground 
oil 
storage 
facility 
shall 
file 
an 
amended 
registration 
form 
with 
the 
commissioner 
immediately 
upon 
any 
change in the information required pursuant to subsection 2, 
including 
any modifications 
to 
the facility or 
a 
change 
of 
ownership. 
The board may establish, by rule, a late registration 
period not to exceed 10 business days in duration. 
A fee may not 
be charged for filing an amended registration. 
4. 
Registration 
fees. 
The 
owner 
or 
operator 
of 
an 
underground oil storage facility shall pay an annual fee to the 
department of $35 for each tank located at the facility, except 
that single family homeowners are not required to pay a fee for a 
tank at their personal residence. 
Annual payments must be paid 
on or before January 1st of each calendar year. 
5. 
Penalty for failure to submit amended registration. 
Any 
person who has not submitted an amended registration form in 
accordance with subsection 3 shall pay a late fee of $100. 
This 
does not preclude the commissioner from seeking civil penalties 
from any person who fails to register a facility or tank. 
6. 
Providing notice. 
Prior to the sale or transfer of any 
real estate where an underground oil storage facility is located, 
the owner of the real estate shall file a written notice with the 
purchaser or transferee. 
The 
notice 
slia;!,;!, 
must disclose the 
existence 
of 
the 
underground 
oil 
storage 
facility, 
its 
registration 
number 
or 
numbers, 
the 
real 
estate 
where 
the 
facility is 
located, 
whether 
or 
not 
the 
facility 
has 
been 
abandoned 
in place 
pursuant 
to 
section 
566-A 
and 
that 
the 
facility 
is 
subject 
to 
regulation, 
including 
registration 
requirements, by the department under this subchapter. 
7. 
Supplier notification requirement. 
Any person who sells 
a tank intended to be used as an underground oil storage tank 
shall 
notify 
the 
purchaser 
in 
writing 
of 
the 
purchaser's 
obligations under this section. 
8. 
Certification of proper installation. 
Owners of new and 
replacement facilities shall ensure that the installer provides 
certification to the commissioner, wi thin 30 days of completion 
of installation, that the materials and methods used comply with 
the applicable installation standards of this subchapter. 
9. 
Annual 
compliance 
inspection. 
The 
owner 
of 
an 
underground oil storage facility is responsible for ensuring that 
each underground oil storage tank and associated piping at the 
facility 
are 
inspected 
annually 
for 
compliance 
with 
the 
requirements of this subchapter and any rules adopted under this 
subchapter and the requirements for gasoline vapor control in 
rules adopted under section 585-A. 
The owner shall correct or 
arrange for correction of any deficiencies detected during the 
inspection as necessary to brirlg the facility into compliance 
with these requirements. 
A. 
The owner of an underground oil storage facility shall 
submit annual inspection results to the department on or 
before July 1, 
2003 
and on or before July 1st annually 
thereafter. 
The results must be recorded on a form provided 
by 
the 
department 
and 
must 
include 
a 
certification 
statement, 
signed 
by 
an 
underground 
oil 
storage 
tank 
inspector 
or 
underground 
oil 
storage 
tank 
installer 
certified by the Board of Underground Oil Tank Installers 
under Title 32, chapter 104-A that each tank and associated 
piping have been inspected and any deficiencies discovered 
during the inspection have been corrected. 
B. 
In addition to other enforcement actions allowed under 
state 
law, 
the 
commissioner 
may 
issue 
an administrative 
order after providing a notice of violation for failure to 
comply with the requirement of this subsection and after 
providing 
a 
reasonable 
opportunity 
to 
correct 
the 
violation. 
The administrative order may include, but is not 
limited to, a requirement that the owner or operator of an 
underground oil storage facility cease deliveries of oil to, 
and operation of, 
the 
underground oil 
associated piping that are the subject 
until the violation has been corrected. 
storage 
of the 
tank 
and 
violation 
C. 
Service of the commissioner's administrative order under 
paragraph B must be made by hand delivery by an authorized 
representative of the department or by certified mailing, 
return receipt requested. 
D. 
The 
person 
to 
whom 
the 
administrative 
order 
under 
paragraph B is directed shall comply immediately or within 
the time period specified in the order. 
That person may 
appeal the order to the board by filing a written petition 
within 5 working days after receipt of the order. 
Within 15 
working days after receipt of the petition, the board shall 
hold a hearing on the matter. 
All witnesses at the hearing 
must be sworn. 
Within 7 working days after the hearing, the 
board shall make findings of fact and shall continue, revoke 
or modify the administrative order. 
The decision of the 
board may be appealed to the Superior Court in accordance 
with Title 5, chapter 375, subchapter VII 1. 
10. 
Aboveground oil storage tanks with underground pipiruu 
An 
owner of an aboveground oil storage tank with underground 
pJ,j;>ing is subject to the reguirements of this subsection. 
4.6 
A. 
Effective January 1, 2007, a person may not store motor 
fuel 
in 
an 
aboveground 
oil 
storage 
facility 
that 
has 
underground 
piping 
without 
first 
having 
registered 
the 
facility with the commissioner in the 
same manner as is 
reguired 
of 
underground 
oil 
storage 
facilities 
under 
subsections 2 to 5. 
B. 
Prior to 
storage tank 
notify 
the 
existence of 
the tank be 
t.\1~ sale or transier of an aboveground oil 
that has underground piping, the owner shall 
purchaser 
or 
transferee 
in writing 
of 
the 
the underground piping and the reguirement that 
registered with the commissioner if the tank 
will be used to store motor fuel. 
C. 
The owner of an aboveground oil storage tank used to 
store motor fuel shall ensure that, wi thin 30 days after 
completion of installation of underground piping associated 
with the tank, 
the installer certifies in writing to the 
commissioner that the materials and methods used comply with 
the applicable installation standards of this subchapter. 
D. 
The owner of 
store 
motor 
fuel 
associated 
with 
an aboveground oil storage tank used to 
shall 
ensure 
that 
underground 
piping 
the 
tank 
is 
inspected 
annually 
for 
compliance with the reguirements of this subchapter and the 
reguirements for gasoline vapor control in rules adopted 
under 
section 
585-A. 
The 
owner 
shall 
submit 
annual 
inspection results to the department on or before July 1, 
2007 and on or before July 1st annually thereafter. 
The 
results 
must 
be 
recorded 
on 
a 
form 
provided 
by 
the 
department 
and 
must 
include 
a 
certification 
statement, 
signed 
by 
an 
underground 
storage 
tank 
inspector 
or 
an 
underground oil storage tank installer certified by 
the 
Board of Underground Oil Tank Installers under Title 32, 
chapter 104-A that the piping has been inspected and any 
deficiencies 
discovered 
during 
the 
inspection 
have 
been 
corrected. 
The 
reguirements 
of 
this 
paragraph 
may 
be 
enforced in the same manner as is provided for underground 
oil storage facilities under subsection 9. 
This subsection does not apply to tanks or piping at an oil 
terminal facility as defined in section 542, subsection 7. 
Sec. 2. 38 MRSA §570-K. sub-§3. as amended by PL 1999, c. 334, 
§8, is further amended to read: 
3. 
Underground 
p1p1ng 
installation. 
All 
new 
and 
replacement 
underground 
pipingT--wRe~~~--~~l~--~~--BewT 
installed 
on 
or 
after 
June 
24, 
1991 
associated 
with 
an 
aboveground oil storage facility must be installed, 
operated, 
maintained and removed in accordance with sections 564, 
and 
566-A and all rules adopted by the board pursuant to sections 
564, 565 and 566-A. 
Effective January 1. 2011. this subsection 
applies to underground piping installed before June 24, 1991 if 
the piping is associated with an aboveground tank used to store 
motor fuel. 
SUMMARY 
The bill requires aboveground motor fuel storage tanks that 
have underground piping to be registered with the Department of 
Environmental Protection, assessed an annual $35 registration fee 
and 
inspected 
annually 
in 
the 
same 
manner 
as 
is 
currently 
required 
for 
underground oil 
storage 
tanks. 
The 
bill 
also 
requires that, 
beginning January 
1, 
2011, 
underground piping 
installed at an aboveground motor fuel storage facility before 
June 24, 
1991 meet the 
same 
leak detection requirements that 
apply to piping installed after that date.