An Act To Address the Reporting of Oil Spills
Maine Legislature, Session 123, LD 0437
Committee: Natural Resources
Sponsors: MARTIN, BRYANT, PATRICK, THERIAULT
Amends: 38 MRSA §550, 38 MRSA §550-A

Legislative Document 
No. 437 
S.P.138 
January 29, 2007 
An Act To Address the Reporting of Oil Spills 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Senator MARTIN of Aroostook. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Senator: BRYANT of Oxford, Representatives: PATRICK of Rumford, 
THERIAULT of Madawaska. 
PriIHeu nil rt'cydeJ 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Sec. 1. 38 MRSA §550, first ~, as repealed and replaced by PL 1991, c. 66, Pt.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 to 
which the provisions of section 550-A do not otherwise apply is not subject to any fines 
or civil penalties if that person: 
Sec. 2. 38 MRSA §550-A is enacted to read: 
§550-A. Enforcement and penalties for certain discharges 
A person who causes or is responsible for a discharge in violation of section 543 is 
not subject to fines or civil penalties if: 
1. Removal of material. That person arranges for the removal and lawful disposal 
ofthe discharge and any adversely affected soils or debris within 24 hours of discovery of 
the discharge: 
2. 
TVDe of discharge. 
The material discharged is limited to used or unused 
hydraulic fluid, lubricating oiL motor oiL #2 fuel oil. diesel fuel. #5 fuel oil, crude oil or 
#6 fuel oil: 
3. Surface water or groundwater. The discharge does not reach surface water or 
groundwater: 
4. Dischar2e quantity. The quantity of material discharged is 50 gallons or less, 
except that the 50-gallon limitation does not apply to any portion of a discharge that does 
not reach soils and that is wholly contained within a building, a structure, secondary 
containment or equipment on that person's property: 
5. Control of location. For discharges occurring at a property over which that 
person has control or ownership, that person maintains a facility-specific spill prevention, 
control and countermeasure plan meeting the requirements of 40 Code of Federal 
Regulations, Part 112, and for discharges occurring at a property over which the owner or 
operator of the equipment causing the discharge does not have control or ownership, the 
owner or operator of the equipment causing the discharge maintains a spill prevention, 
control and countermeasure plan containing procedures to address such discharges; and 
6. Record keeping. The discharge is documented by the owner or operator of the 
equipment causing the discharge. 
The owner or operator shall maintain the 
documentation for a period of no less than 3 years and shall make the documentation 
available upon request of the department. The documentation must be certified by the 
owner or operator of the equipment causing the discharge and must include the following 
information: 
A. The date and time of discovery of the discharge; 
B. The source and location of the discharge; 
C. The material discharged; 
D. The quantity discharged; 
E. A description of the area affected; and 
F. Clean-up measures implemented and the date and time of implementation. 
The department shall adopt rules to implement this section. Rules adopted pursuant 
to this section are major substantive rules as defined in Title 5, chapter 375, subchapter 2-
A. 
SUMMARY 
This bill provides that a person who causes certain discharges of oil will not be 
subject to fines or civil penalties if certain requirements are met.