An Act To Address Uncertified Practice of Underground Oil Storage Tank Installation and Inspection
Maine Legislature, Session 123, LD 1946
Committee: Natural Resources
Sponsors: KOFFMAN, MARTIN
Amends: 32 MRSA §10012, 32 MRSA §10016

Legislative Document 
No. 1946 
H.P.1382 
House of Representatives, December 18,2007 
An Act To Address Uncertified Practice of Underground Oil 
Storage Tank Installation and Inspection 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Recei ved by the Clerk of the House on December 17, 2007. Referred to the Committee on 
Natural Resources pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401. 
Presented by Representative KOFFMAN of Bar Harbor. 
Cosponsored by Senator MARTIN of Aroostook. 
Primed on recyc led paper 
7Y/~/J7.~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 32 MRSA §10012, sub-§2, as amended by PL 2001, c. 231, §14, IS 
further amended to read: 
2. 
Disposal of fees and civil penalties. All fees received by the board under 
subsection 1 and civil penalties as a\:lthoriz:ed by sectioR 10015 receiyed by the board 
related to \:IRdergF8\:1Rd ail storage taRI( iRstallers, \:IRdergF8l:lRd gasoliRe storage taRk 
removers or \:IRdergF8\:1f1d ail storage taRI( iflspectors imposed under sections 10015 or 
10016 must be paid to the Treasurer of State to be deposited into the Ground Water Oil 
Clean-up Fund and used for the purpose of carrying out all applicable provisions of this 
chapter. Any balance of fees and civil penalties as authorized by sectiofl 10015 dOl;!s not 
II 
lapse but must be carried forward as a continuing account to be expended for the same 
purposes in the following fiscal years. 
Sec. 2. 32 MRSA §10016 is enacted to read: 
§10016. Uncertified practice 
1. Complaints. The board may receive or initiate complaints of uncertified practice 
as an underground oil storage tank installer or inspector. 
2. Investieation. Complaints of uncertified practice under subsection 1 may be 
investigated by the board, the department or the Attorney General. If sufficient evidence 
of uncertified practice is uncovered, the evidence must be compiled and presented to the 
Attorney General or the local district attorney's office for prosecution. 
3. Criminal penalties. Notwithstanding any other provision of law: 
A. A person who practices or represents to the public that the person is authorized to 
practice as an underground oil storage tank installer or inspector and intentionally, 
knowingly or recklessly fails to obtain certification as required by this chapter or 
intentionally, knowingly or recklessly practices or represents to the public that the 
person is authorized to practice after the certification required by this chapter has 
expired or been suspended or revoked commits a Class E crime; and 
B. A person who violates paragraph A when the person has a prior conviction under 
this subsection commits a Class D crime. Title 17-A, section 9-A governs the use of 
prior convictions when determining a sentence, except that, for purposes of this 
paragraph, the date of the prior conviction must precede the commission of the 
offense being enhanced by no more than 3 years. 
4. Civil violations. 
A person who practices or represents to the public that the 
person is authorized to practice as an underground oil storage tank installer or inspector 
without first obtaining certification as required by this chapter or after the certification 
has expired or has been suspended or revoked commits a civil violation for which a fine 
of not less than $100 and not more than $2,000 for each violation may be adjudged. An 
action under this subsection may be brought in District Court or Superior Court. 
5. Injunctions. The Attorney General may bring an action in District Court' or 
Superior Court to enjoin a person from violating subsection 4 and to restore to a person 
who has suffered any ascertainable loss by reason of that violation any money or personal 
or real property that may have been acquired by means of that violation and to compel the 
return of compensation received for engaging in that unlawful conduct. 
A person who violates the terms of an injunction issued under this subsection shall pay to 
the State a fine of not more than $10,000 for each violation. In an action under this 
subsection, when a permanent injunction has been issued, the court may order the person 
against whom the permanent injunction is issued to pay to the Ground Water Oil Clean-
up Fund under Title 38, chapter 3, subchapter 2-B the costs of the investigation of that 
person by the Attorney General and the costs of suit, including attorney's fees. In an 
action by the Attorney General brought against a person for violating the terms of an 
injunction issued under this subsection, the court may make the necessary orders or 
judgments to restore to a person who has suffered any ascertainable loss any money or 
personal or real property or to compel the return of compensation received by reason of 
such conduct found to be in violation of an injunction. 
SUMMARY 
The bill amends the law governing certification of underground oil storage tank 
installers and inspectors by the Board of Underground Oil Storage Tank Installers to 
provide a process, consistent with that of other state boards and commissions under the 
Maine Revised Statutes, Title 10, section 8003-C, to investigate allegations of uncertified 
practice and take appropriate action.