An Act Coftcerning Deductibles for Underground Oil Storage Facilities and Tanks
Maine Legislature, Session 124, LD 0861
Committee: Natural Resources
Sponsors: AYOTTE, JACKSON, DAVIS, JOY, MARTIN, THOMAS, SHERMAN, SMITH
Amends: 38 MRSA §568-A

Legislative Document 
No. 861 
H.P.592 
House of Representatives, March 5,2009 
An Act Coftcerning Deductibles for Underground Oil Storage 
Facilities and Tanks 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Representative AYOTTE of Caswell. 
Cosponsored by Senator JACKSON of Aroostook and 
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1?1.1J?II£~{ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: DAVIS of Sangerville, JOY of Crystal, KNIGHT ofLivennore Falls, 
MARTIN of Eagle Lake, THOMAS of Ripley, Senators: SHERMAN of Aroostook, SMITH of 
Piscataquis. 
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Printed on recycled paper 
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Be it enacted by the People ofthe State of Maine as follows: 
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, . Sec. 1. 38 MRSA §568-A, sub-§2, ,s, ,as enaCted by PL 1995, c. 361, §5, is 
amended to read: 
B. Conditional deductibles for underground facilities and tanks are as follows .. 
(1) For nonconforming facilities and tanks, the deductible is $10,000 for failure· 
to meet the compliance schedule in section 563-A, except that those facilities or 
tanks required to be removed by October 1, 1989 have until October. 1, 1990 to 
be removed before they are considered out of compliance.,;, 
Ca) Those facilities and tanks required to be removed by October 1, 1989 
have until October 1, 1990 to be removed before they are considered out of 
compliance; and 
(b) Those nonconforming facilities and tanlcs removed prior to September 
29, 1995 are exempt from the $10,000 deductible, but the owner of the 
facility or tank shall pay the applicable standard deductible. 
(2) For failure to pay registration fees under section 563, subsection 4, the 
deductible is the total of all past due fees. 
(3) For motor fuel storage and marketing and retail facilities, the deductibles are: 
"..j. 
(a) Five thousand dollars for failure to comply with applicable design and 
installation requirements in effect at the time of the installation or retrofitting 
requirements for leak detectIon pursuant to section 564, subsections 1 and 
I-A; 
(b) Five thousand dollars for failure to comply with section 564, subsection 
I-B and any rules adopted pursuant to that subsection; 
(c) Five thousand dollars for failure to comply with section 564, subsection 
2-A, paragraphs B to F and I, and any rules adopted pursuant to that 
subsection; and 
(d) Ten thousand dollars for failure to comply with section 564, subsection 
2-A, paragraph H, and any rules adopted pursuant to that subsection. 
(4) For consumptive use heating oil facilities with an aggregate storage capacity 
of less than 2,000 gallons, the deductibles are: 
(a) Two thousand dollars for failure to comply with section 565, subsection 
1, if applicable; 
(b) Two thousand dollars for failure to comply with section 565, subsection 
2, regarding monitoring; and 
(c) Two thousand dollars for failure to comply with section 565~ subsec::tion 
. 2, regarding any requirement ,to report evidence of a possible leak or 
discharge. 
(5) For consll;mptive use heating oil facilities with an aggregate storage capacity 
of 2,000 gallons or greater, the deductibles are: 
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(a) Five thousand dollars for failure to comply with section 565, subsection 
1, if applicable; 
(b) Five thousand dollars for failure to comply with section 565, subsection 
2, regarding monitoring; and 
(c) Ten thousand dollars for failure to comply with section 565, subsection 2, 
regarding any requirement to report evidence of a possible leak or discharge. 
(6) For waste oil and heavy oil and airport hydrant facilities with discharges that 
are not contaminated with hazardous constituents, the deductibles for failure to 
comply with rules adopted by the board are: 
(a) 
Five thousand dollars for rules regarding design and, installation 
requirements in effect at the time of the installation; 
(b) , Five thousand dollars for rules regarding retrofitting of leak detection 
and corrosion protection, if applicable; 
(c) Five thousand dollars for rules regarding overfill and spill prevention; 
(d) Five thousand dollars for rules regarding the monitoring of cathodic 
protection systems; 
(e) Five thousand dollars for rules regarding testing requirements for tanks 
and piping on evidence of a leak; 
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(f) Five thousand dollars for rules regarding maintenance of a leak detection 
system; and 
(g) Ten thousand dollars for rules regarding the reporting of leaks. 
SUMMARY 
This bill exempts from the conditional deductible requiremeht all nonconforming 
underground facilities and tanks that were removed prior to the enactment of the 
conditional deductible requirement.