Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 692 - SITING OF OIL STORAGE FACILITIES › Section 096-692-4 - Prohibition on facilities on significant sand and gravel aquifers

Current through 2024-29, July 17, 2024
A person may not install or cause to be installed an oil
				  storage facility on a significant sand and gravel aquifer mapped by the Maine
				  Geological Survey. This prohibition applies regardless of proximity to a public
				  or private drinking water well.
NOTE: Significant Sand and Gravel Aquifer maps are available
				  at most municipal offices and from the Maine Geological Survey, (207)
				  287-2801.
A.
Exceptions.
The prohibition of this section does not apply to:
(1) An underground oil storage facility in
				existence on July 1, 2002 or an aboveground oil storage facility in existence
				on July 1, 2010;
(2) The
				replacement or expansion of a motor fuel or marketing and distribution
				underground oil storage facility in existence on July 1, 2002 or an aboveground
				oil storage facility permitted by the Fire Marshal and in existence on July 1,
				2010 as long as the replacement or expansion occurs on the same property, the
				facility meets all applicable requirements of Chapter 691 and Chapter 34 and,
				in the case of replacement, the facility owner:
(a) Within 30 days after removal of the
				existing facility, notifies the Commissioner in writing of the owner's intent
				to replace the facility and:
(i) If located
				in an organized area, notice must also be provided to the municipal code
				enforcement officer; or
(ii) If
				located in an unorganized or deorganized area, notice must also be provided to
				the Office of County Commissioners and the Maine Land Use Planning Commission
				(LUPC); and
(b)
				Commences construction of the replacement facility within two years and
				completes construction within five years after removal of the existing
				facility;
(3) The
				conversion of an aboveground oil storage facility permitted by the Fire Marshal
				and in existence on July 1, 2002 to an underground oil storage facility or the
				conversion of an underground oil storage facility to an aboveground oil storage
				facility as long as the conversion occurs on the same propertyand the facility
				meets all applicable requirements of Chapter 691 and Chapter 34;
(4) A facility used solely to store heating
				oil for consumption on the premises;
(5) Facility components, such as buildings
				and parking areas, that are not designed or intended to contain oil in a liquid
				or vapor phase;
(6) A facility
				located on a mapped significant sand and gravelaquifer if a site specific
				hydrogeological investigation shows to the Commissioner's satisfaction that the
				location is not on a significant sand and gravel aquifer; or
(7) A facility consisting of no more than two
				double-walled aboveground storage tanks with a total aggregate storage capacity
				of 1,100 gallons or less on a single parcel of property, provided the tanks are
				used exclusively to store diesel fuel for heavy equipment used to mine sand and
				gravel and further provided the tank meets the requirements of subsection B
				below.
This subsection may not be interpreted to allow the
				  conversion, expansion or replacement of an underground oil storage tank or
				  underground oil storage facility subject to the abandonment requirements of
				  38
				  M.R.S. §566-A and Chapter 691§11.