An Act To Prevent Contamination of Drinking Water Supplies
Maine Legislature, Session 123, LD 2073
Committee Amendment CA_A_H821 (House)
Amends: 30-A MRSA §4452, 38 MRSA §562-A, 38 MRSA §563-C, 38 MRSA §568-A

COMMITTEE AMENDMENT" A " to H.P. 1457, L.D. 2073, Bill, "An Act To 
Prevent Contamination of Drinking Water Supplies" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 30-A MRSA §4452, sub-§7, as amended by PL 1997, c. 296, §8, is 
further amended to read: 
7. Natural resources protection laws. A code enforcement officer, authorized by a 
municipality to represent that municipality in District Court and certified by the State 
Planning Office under section 4453 as familiar with court procedures, may enforce the 
provisions of the natural resol:lrees !3rotoetion laws, Title 38, section 420-C, Title 38, 
chapter 3, subchapter I 1, article 5-A and Title 38, seetion 420 C, chapter 13-D by 
instituting injunctive proceedings or by seeking civil penalties in accordance with Title 
38, section 349, subsection 2. 
Sec. 2. 38 MRSA §562-A, sub-§l-B, as enacted by PL 1993, c. 363, §2 and 
affected by §21, is amended to read: 
I-B. Aboveground oil storage tank. "Aboveground oil storage tank" also referred 
to as a "tank" means any aboveground container, less than 10% of the capacity of which 
is beneath the surface of the ground aM, that is used or intended to be used for the 
storage or supply of oil. Included in this definition are any tanks situated upon or above 
the surface of a floor and in such a manner that they may be readily inspected. Drums or 
other storage containers that have a capacity of 60 gallons or less and oil-containing 
electrical equipment are not included in this definition. 
Sec. 3. 38 MRSA §563-C, as amended by PL 2005, c. 561, §6, is repealed. 
Sec. 4. 38 MRSA §568-A, sub-§l, ~J, as enacted by PL 2001, c. 302, §2, is 
amended to read: 
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J. An applicant is not eligible for coverage for any underground oil storage facility 
installed in violation of the provisions of seetioA 563 C chapter 13-D. 
Sec. 5. 38 MRSA §568-A, sub-§l, ~, as enacted by PL 2001, c. 302, §2, is 
amended to read: 
K. An applicant whose facility is subject to the provisions of seetioA 563 C chapter 
13-D is not eligible for coverage for costs related to providing treatment or temporary 
or permanent water supply replacement and 3rd-party damage claim costs related to 
an oil discharge at a facility installed after September 30, 2001 and affecting that 
property's drinking water supply system. 
Sec. 6. 38 MRSA c. 13-D is enacted to read: 
CHAPTER 13-D 
WELLHEAD PROTECTION 
§1391. Declaration of policy 
The Legislature finds and declares it to be the policy of the State, consistent with its 
duty to protect the health, safety and welfare of its citizens, to establish a coordinated 
statewide program to protect drinking water wells from contamination by oil or hazardous 
waste. 
The Legislature further finds that spills of oil and hazardous waste pose a 
significant risk to groundwater quality and that the handling of those substances near 
drinking water wells should be restricted to reduce the risk of contamination. 
§1392. Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
I. Aboveground heating oil supply tank. "Aboveground heating oil supply tank" 
means an aboveground oil storage tank that is connected directly to an oil-burning 
heating appliance and is used solely to store heating oil. 
2. Aboveground oil storage facility. "Aboveground oil storage facility" has the 
meaning set out in section 562-A, subsection I-A. 
3. Aboveground oil storage tank. "Aboveground oil storage tank" has the meaning 
set out in section 562-A, subsection I-B. 
4. Community drinking water well. "Community drinking water well" means a 
public drinking water well that supplies a community water system as defined under Title 
22, section 2660-B, subsection 2. 
5. Double-walled tank. "Double-walled tank" means a tank with inner and outer 
walls separated by an interstitial space that allows detection and containment of leaks. 
6. 
Hazardous waste. 
"Hazardous waste" means any substance identified as 
hazardous waste by the board pursuant to section 1319-0. 
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7. Oil. "Oil" has the meaning set out in section 562-A, subsection 15, "Oil" does not 
include liquefied natural gas or other liquefied petroleum that is a gas at ambient 
temperatures. 
8. Private drinking water well. "Private drinking water well" means a well that is 
used to supply water for human consumption and that is not a public drinking water well. 
9. Public drinking water well. "Public drinking water well" means a drinking water 
supply well for a public water system as defined in Title 22, section 2601, subsection 8, 
10. Underground oil storage facility. "Underground oil storage facility" has the 
meaning set out in section 562-A, subsection 21, 
11. Wellhead protection zone. "Wellhead protection zone" means: 
A. In the case of a private drinking water well, the area within 300 feet of the well; 
and 
B. In the case of a public drinking water well, the greater of: 
(1) The area within 1,000 feet of the well; and 
(2) The source water protection area of the well if mapped by the Department of 
Health and Human Services as described under Title 30-A, section 2001, 
subsection 20-A. 
§ 1393. Prohibition on installation of facilities in wellhead protection zones 
1. Prohibition. Unless otherwise exempted pursuant to subsection 2: 
A. 
A person may not install an underground oil storage facility in a wellhead 
protection zone; and 
B. After September 30, 2008, a person may not install in a wellhead protection zone: 
(1) An aboveground oil storage facility; 
(2) An automobile graveyard as defined in Title 30-A, section 3752, subsection 1 
or an automobile recycling business as defined in Title 30-A, section 3752, 
subsection I-A; 
(3) An automobile body shop or other commercial automobile maintenance and 
repair facility; 
(4) A dry cleaning facility that uses perchloroethylene; 
(5) A metal finishing or plating facility; or 
(6) A commercial hazardous waste facility as defined under section 1303-C, 
subsection 4, 
2. Exceptions. Subsection 1 does not apply to: 
A. 
A facility in existence or under construction on the effective date of the 
prohibition established under subsection 1, 
As used in this paragraph, "under 
construction" means that a substantial amount of money or effort has been expended 
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toward completion of the facility as determined by the commissioner. The test of 
substantiality involves an assessment of the amount of money or effort expended in 
relation to the amount required to complete the facility; 
B. The replacement or expansion of an underground oil storage facility in existence 
on September 30, 2001 or a facility identified in subsection 1, paragraph B in 
existence on September 30, 2008 as long as the replacement or expansion occurs on 
the same property and the facility meets all applicable requirements of law; 
C. The conversion of an aboveground oil storage facility in existence on September 
30, 2001 to an underground oil storage facility or vice versa, as long as the 
conversion occurs on the same property and the facility to be converted meets all 
applicable requirements of law; 
D. 
The installation of an oil storage facility used solely to store heating oil for 
consumption on the premises, including the installation of an aboveground heating oil 
supply tank; or 
E. The installation of a facility located on the same property as a well serving only 
users of that property. 
This subsection may not be interpreted to allow the conversion or expansion of an 
underground oil storage tank or underground oil storage facility subject to the 
abandonment requirement under section 566-A. 
§1394. Variances 
The provisions of this section govern the granting of a variance from the prohibitions 
under section 1393. 
1. Community drinking water well. private drinking water well or well that 
supplies school. In the case of a community drinking water well, a private drinking 
water well or a well that supplies drinking water to a school, the commissioner may grant 
a variance from the prohibition of section 1393 if the applicant demonstrates that no 
hydrogeologic connection exists between the proposed facility and the water supply at 
issue. 
2. Public drinking water well that is not community drinking water well or does 
not supply school. In the case of a public drinking water well other than a community 
drinking water well or a drinking water well supplying drinking water to a school, the 
commissioner may grant a variance from the prohibition of section 1393 if the 
commissioner determines that the engineering and monitoring measures proposed by the 
applicant exceed regulatory requirements and will effectively minimize the likelihood of 
drinking water contamination due to the discharge of oil or hazardous waste. 
3. Determination. In considering whether to grant a variance under this section, the 
commissioner may consider the importance of the groundwater resource, the 
hydrogeology ofthe site and other relevant factors. 
4. Procedure. The commissioner shall provide public notice and an opportunity for 
public comment on each variance request. 
The commissioner may deny a variance 
request or approve the request with or without conditions. The decision must be in 
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writing with findings sufficient to explain the basis of the decision. The decision may be 
appealed to the board under section 341-0, subsection 4, paragraph A. 
§1395. Installation requirements for aboveground heating oil supply tanks in the 
wellhead protection zone of a community drinking water well 
Effective July 1, 2009, a person may not install an aboveground heating oil supply 
tank in the wellhead protection zone of a community drinking water well unless the tank: 
1. 
Double-walled or secondary containment. Is a double-walled tank or has 
secondary containment approved by the commissioner; 
2. Independent testing authority. And any secondary containment are listed and 
approved by a nationally recognized. independent testing authority; and 
3. 
Licensed professional. 
Is installed by a journeyman or master oil burner 
technician licensed by the Oil and Solid Fuel Board under Title 32, section 2401-B or, in 
the case of an outside tank serving manufactured housing, by any person licensed by the 
Oil and Solid Fuel Board under Title 32, section 2401 to install such tanks. 
The requirements of this section do not apply to tanks with a capacity of more than 
gallons or to tanks at an aboveground oil storage facility with an aggregate tank 
capacity of more than 1,320 gallons. The requirements of this section are in addition to 
any other installation standards provided for in law or rule. 
§1396. Financial assistance for upgrading aboveground oil storage tanks or facilities 
The commissioner may disburse money from the Ground Water Oil Clean-up Fund to 
retrofit, repair or replace aboveground oil storage tanks or aboveground oil storage 
facilities in a wellhead protection zone when the commissioner determines that action is 
necessary to abate an imminent threat to the well. Disbursements must be made in the 
manner provided under section 569-A, subsection 8, paragraphs M and N and are subject 
to the annual disbursement limitations of those paragraphs. 
§1397. Enforcement 
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 requirements of this chapter 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 the facility cease operation ofthe facility that is 
the subject of the violation until the violation has been corrected. 
1. Service. Service of the commissioner's administrative order under this section 
must be made by hand delivery by an authorized representative of the department or by 
certified mailing, return receipt requested. 
2. Appeal. The person to whom the commissioner's administrative order under this 
section 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 
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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 7. 
§1398. Eligibility for clean-up funds 
Clean-up costs and 3rd-party damages resulting from discharges from an 
aboveground oil storage facility or an underground oil storage facility installed in 
violation of section 1393 are not eligible for coverage by the Ground Water Oil Clean-up 
Fund under sections 568-A and 569-A. 
§1399. Municipal authority 
This chapter may not be construed to prevent a municipality from imposing siting 
restrictions more stringent than the prohibitions in this chapter or in rules adopted by the 
board. 
Sec. 7. Rules. The Board of Environmental Protection shall adopt rules that restrict 
the siting of the facilities listed in the Maine Revised Statutes, Title 38, section 1393, 
subsection I within significant sand and gravel aquifers mapped by the Department of 
Conservation, Bureau of Geology and Natural Areas, Maine Geological Survey. The rules 
must provide for variance from the restrictions in appropriate instances, including when 
engineering and monitoring that exceed regulatory requirements are determined to 
effectively reduce the risk of oil and hazardous waste discharges, and must be otherwise 
consistent with the rules for siting underground oil storage tanks adopted pursuant to 
Public Law 2001, chapter 302, section 3. Rules adopted under this section are major 
substantive rules pursuant to Title 5, chapter 375, subchapter 2-A. 
Sec. 8. Aboveground oil storage tank registration; review. The Department 
of Defense, Veterans and Emergency Management, Maine Emergency Management 
Agency, in coordination with the Department of Public Safety, Office of the State Fire 
Marshal and the Department of Environmental Protection, referred to in this section as 
"the departments," shall review the current framework for registering aboveground oil 
storage facilities. The departments shall invite the regulated community to participate in 
the review. The departments shall evaluate and make recommendations on a plan for 
coordinating among the departments the registration of aboveground oil storage facilities. 
Where appropriate, the plan must facilitate the use of geographic information system 
data. By January 15, 2009, the departments shall submit to the joint standing committee 
of the Legislature having jurisdiction over natural resources matters a report detailing 
their findings and recommendations. The report must include draft legislation necessary 
to implement the recommendations, and the joint standing committee of the Legislature 
having jurisdiction over natural resources matters may report out to the First Regular 
Session of the 124th Legislature a bill relating to the report.' 
SUMMARY 
This amendment strikes the provisions in the bill that call for the new wellhead 
protection requirements to be administered and enforced primarily at the local level. It 
amends the definition of "aboveground oil storage tank," adds a definition of the term 
"aboveground heating oil supply tank" and clarifies the definition of "double-walled 
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COMMITTEE AMENDMENT "A "to H.P. 1457, L.D. 2073 
tank." 
It amends the provisions regarding installation requirements for aboveground 
heating oil supply tanks. It strikes the provision in the bill that requires the registration of 
aboveground oil storage facilities in wellhead protection zones and over sand and gravel 
aquifers. 
It eliminates language authorizing the Commissioner of Environmental 
Protection to enjoin the operation of a facility installed in violation of the new siting 
restrictions and replaces it with more comprehensive enforcement language. It requires 
the Department of Defense, Veterans and Emergency Management, Maine Emergency 
Management Agency, in coordination with the Department of Public Safety, Office of the 
State Fire Marshal and the Department of Environmental Protection, to review and make 
recommendations on improving the current framework for registering aboveground oil 
storage facilities. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 03/20108 
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LD 2073 
LR 3077(02) 
An Act To Prevent Contamination of Drinking Water Supplies 
Fiscal Note for Bill as Amended by Committee Amendment" A " 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor cost increase - Other Special Revenue Funds 
Costs associated with this legislation can be absorbed by the Department of Environmental Protection, the Maine 
Emergency Management Association and the Office of the State Fire Marshal utilizing existing budgeted resources. 
LR3077(02) - Fiscal Note - Page 1 of 1