An Act To Prevent Contamination of Drinking Water Supplies
Maine Legislature, Session 123, LD 2073
Committee: Natural Resources
Sponsors: BARTLETT, EBERLE, HILL, KOFFMAN, WAGNER
Amends: 30-A MRSA §4452, 38 MRSA §568-A

Legislative Document 
No. 2073 
H.P.1457 
House of Representatives, December 21,2007 
An Act To Prevent Contamination of Drinking Water Supplies 
Submitted by the Department of Environmental Protection pursuant to Joint Rule 204. 
Received by the Clerk of the House on December 19, 2007. Referred to the Committee on 
Natural Resources pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401. 
Presented by Representati ve DUCHESNE of Hudson. 
Cosponsored by Senator BARTLETT of Cumberland and 
1J1~ 
1/7. 7llr1£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: EBERLE of South Portland, HILL of York, KOFFMAN of Bar Harbor, 
McDONOUGH of Scarborough, WAGNER of Lewiston. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 30-A MRS A §4452, sub-§5, ~S; as amended by PL 2007, c. 112, §5, is 
further amended to read: 
S. Local ordinances and ordinance provisions regarding storm water, including, but 
not limited to, ordinances and ordinanGe provisions regulating nonstorm water 
discharges, construction site runoff and postconstruction storm water management, 
enacted as required by the federal Clean Water Act and federal regulations and by 
state permits and rules; iIBEl 
Sec. 2. 30-A MRSA §4452, sub-§5, ff, as enacted by PL 2007, c. 112, §6, is 
amended to read: 
T. Laws pertaining to limitations on construction and excavation near burial sites and 
established cemeteries in Title 13, section 1371-A and local ordinances and 
regulations adopted by municipalities in accordance with this section and section 
3001 regarding those limitation&; and 
Sec. 3. 30-A MRSA §4452, snb-§5, ~ 
is enacted to read: 
U. Laws pertaining to wellhead protection in Title 38, chapter 13-D. 
Sec. 4. 3O-A MRSA §445~ sub-§7, as amended by PL 1997, c. 296, §8, is 
further amended to read: 
7. NaaIral resc.'ces proted:iDu laws, A code enfmu:mcnt officer, mrthorized by a 
municipality to repre&en1 that municipality in District Court and certified by the State 
Planrnng Office under scDion 4453 as familiar with owrt procedures, may enforce the 
provisic:ms of the J'I8'hIrItlll:lSources protection laws, Titk 38, BeCtion 410-C; Title 38, 
cllaptcr 3~ mhChRJUr ll, article 5-A~ and Title 3S, iI8S1iaB Q9 C chapter 13-D, by 
instituting ~unctiv.e pmcriings or by seeking civil pcaahies in accordance with Title 
38, section 349, Sltbscctioo 2. 
Sec.5. 38 MRSA j563-C, as amended by PL 2005, c. 5til, §6, is repealed. 
Sec. 6. 38 MRSA §S68-A, 5ub-§1, ,J., as enacted by PL 2001, c. 302, §2, is 
amended to read: 
J. 
An applicant is m:rt "eligible for coverage for any underground oil storage facility 
installed in violation of the provisions of 8eeUBB Sa] G chapter I3-D. 
Sec. 7. 38 MRSA §568-A, nb-§l,,x, lIS enacted by PL 2001, c. 302, §2, is 
amended to read: 
. 
K. An applicant whose facility is subject to the provisions of seetion Sa] 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. 
Page I - 123LR3077(Ol)-1 
.. 
Sec. 8. 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 wastes 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. 
1. Aboveground oil storage facility. "Aboveground oil storage facility" has the 
meaning set out in section 562-& subsection I-A 
2. Community drinking water weB. "Community drinking water well" means a 
public drinking water well that supplies a community water system as defmed under Title 
22, section 2660-B, subsection 2. 
3. Double-walled tank. "Double-walled tank" has the meaning set out in section 
562-& subsection 7. 
4. 
Hazardous waste. "Hazardous waste" means any substance identified as 
hazardous waste by the board pursuant to section 1319-0. 
5. Oil. "Oil" has the same meaning as in section 562-& subsection 15. "Oil" does 
not include liquefied natural gas or other liquefied petroleum that is a gas at ambient 
temperatures. 
6. 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. 
7. Public drinking water well. "Public drinking water well" means a drinking water 
supply well for a public water system as defmed in Title 22, section 2601, subsection 8. 
8. Under construction. "Under construction" as used in section 1393, subsection 2, 
paragraph A means a determination by the commissioner that substantial amount of 
money or effort has been expended toward completion of a facility. 
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. 
9. Underground oil storage facility. "Underground oil storage facility" has the 
meaning set out in section 562-A, subsection 21. 
10. Wellhead protection zone. "Wellhead protection zone" means: 
A. In the case of a public drinking water well, the greater of: 
(1) The source water protection area if mapped by the Department of Health and 
Human Services as described under Title 30-A, section 2001, subsection 20-A; 
and 
(2) The area within 1,000 feet of the wellhead; and 
B. In the case of a private drinking water well, the area within 300 feet of th~ 
wellhead. 
§1393. Prohibited facilities in wellhead protection zones 
.. 
1. Prohibition. A person may not install an underground oil storage facility 111 a 
wellhead protection zone. 
After September 30, 2008, a person may not inst:tIl in a 
wellhead protection zone: 
A. An aboveground oil storage facility; 
B. An automobile graveyard as defined in Title 30-A, section 3752, subsection 1 or 
an automobile recycling business as dermed in Title 30-A, section 3752, subsection 
I-A; 
C. 
An automobile body shop or other commc:rcial automobile maintenance and 
repair facility; 
D. A dry cleaning facility that usesperchloroethylene; 
E. A metal finishing orplating facility; or 
F. 
A commercial hazardous waste facility as deflned 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; 
B. The replacement or expansion of.an underground oil storage facility in existence 
on September 30, 2001 or other types of facilities 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. An oil storage facility used solely to store heating oil for consumption on the 
premises; or 
.. 
E. A well located on the same property as the facility and 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. Requirements for oil storage in a wellhead protection zone 
1. Registration of aboveground tanks. Effective July 1, 2009, a person may not 
store oil in an aboveground oil storage facility located in a wellhead protection zone or 
over a sand and gravel aquifer mapped by the Department of Conservation, Bureau of 
Geology and Natural Areas, Maine Geological Survey unless the facility is registered 
with the commissioner in the same manner as required of underground oil storage 
facilities under section 563, subsections 2 to 5. This requirement does not apply to 
facilities that are used solely to store heating oil for consumption on the premises and that 
consist of an individual tank with a tank capacity of 660 gallons or less or multiple tanks 
with an aggregate tank capacity of 1,320 gallons or less. 
2. Installation requirements for aboveground heating oil tanks. The installation 
of aboveground heating oil tanks is governed by this subsection. 
A. Effective October 1, 2008, a person may not install an aboveground oil storage 
facility in a wellhead protection zone unless the facility is used solely to store heating 
oil for conswnption on the premises and meets the requirements of Title 32, chapter 
33, subchapter 3. 
B. Effective July 1, 2009, a person may not install an aboveground oil storage 
facility in the wellhead protection zone of a community drin1dng water well lIDless 
the facility meets the requirements of paragraph A and each aboveground oil storage 
tank at the facility meets the requirements of this paragraph. 
(1) The tank must be a double-walled tank or other type of tank llpllI"Oved by the 
crnmrusSloner. 
(2) The tank must meet the testing requirements of a nationally recognized, 
independent testing authority. 
(3) The tank must be installed by a journeyman or master oil bmner 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. 
This paragraph applies only to aboveground oil storage facilities that consist of an 
individual tank with a tank c.apacity of 660 gallons or less or multiple tanks with an 
aggregate tank capacity of 1,320 gallons or less. 
3. Financial assistance for upgrading tanks. 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. 
§1395. Variances 
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. In the case 
of a public drinking water well other than one supplying drinking water to schools, the 
commissioner may grant a variance 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. In considering whether to grant a variance, the 
commissioner may consider the importance of the groundwater resource, the 
hydrogeology of the site and other relevant factors. 
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 writing with findings sufficient to explain 
the basis of the decision. The decision may be appealed to the board under section 341-
D, subsection 4, paragraph A. 
§1396. Enjoinder; eligibility for coverage of oil clean-up COStS 
The commissioner mav enjoin the operation of any facility described under section 
1393, subsection 1 installed in violation of this chapter. Clean-up costs and 3rd-party 
damages resulting from discharges of oil from an aboveground or underground oil storage 
facility installed in violation of section 1393 are not eligiple for coverage under the 
Ground Water Oil Clean-up Fund. 
§1397. Municipal authoritv 
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. 9. 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 1 within 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 200-1, 
chapter 302, section 3. Rules adopted under this section are major substantive rules 
pursuant to Title 5, chapter 375, subchapter 2-A. 
) 
SUMMARY 
The bill restricts certain types of development near drinking water wells to prevent 
contamination by oil and hazardous matter. The bill gives municipal code enforcement 
officers the authority to enforce the restrictions.