reglab/statecodes huggingface dataset:
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 481 - Board of Underground Storage Tank Installers › Chapter 1 - ADMINISTRATIVE RULES › Section 481-1-1 - Purpose of rules

Current through 2024-29, July 17, 2024
A.
Rules.
The Board of Underground Storage Tank Installers hereby
				adopts rules for conducting the business of the Board, including a statement of
				purpose of the rules (Section
				1 ); definitions of terms used in the
				rules (Section
				2 ); provisions for the organization of
				the Board (Section
				3 ); provisions setting standards of
				practice for underground oil storage tank installers and inspectors (Section
				4 ); procedures for enforcement and
				disciplinary actions (Section
				5 ); procedures for processing of
				requests for advisory rulings (Section
				6 ); and a severability provision
				(Section
				7 ).
B.
Purpose of Rules.
The purpose
				of these rules is to define standards and clarify the procedures used by the
				Board in carrying out the provisions of law regulating the practice of
				underground oil storage tank installation, removal, and inspection. It is the
				overall purpose of the Board to provide for the regulation of persons offering
				underground oil storage tank installation, removal, and inspection services in
				order to safeguard the public health, safety and welfare, and the environment;
				to protect the public from incompetent and unauthorized installers and
				inspectors; to assure the highest degree of professional conduct on the part of
				installers and inspectors; and to assure the availability of underground oil
				storage tank installations, removals, and inspections of high quality to
				persons in need of those services.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 481 - Board of Underground Storage Tank Installers › Chapter 1 - ADMINISTRATIVE RULES › Section 481-1-2 - Definitions

Current through 2024-29, July 17, 2024
The following terms, as used in the Underground Storage Tank
				  Installers Act (
				  32 M.R.S.A.
				  Section10001,
et seq.
) and
				  the Board's rules (Chapters 1-6), have the following meanings unless the
				  context otherwise indicates:
A.
				APPLICANT means a person who has applied for certification as an underground
				oil storage tank installer or underground oil storage tank inspector.
B. BOARD means the Board of Underground
				Storage Tank Installers established under
				32 M.R.S.A.
				Section10001,
et
				seq
.
C. CLASS I LIQUID
				means any liquid having a flash point below 100 degrees Fahrenheit.
D. COMMISSIONER means the Commissioner of the
				Department of Environmental Protection.
E. DEPARTMENT means the Department of
				Environmental Protection.
F.
				GASOLINE means a volatile, highly flammable liquid with a flashpoint of less
				than 100° Fahrenheit obtained from the fractional distillation of
				petroleum.
G. INSTALLER means an
				underground oil storage tank installer.
H. OIL means oil, petroleum products and
				their by-products of any kind and in any form including, but not limited to,
				petroleum, fuel oil, sludge, oil refuse, oil mixed with other waste, crude oils
				and all other liquid hydrocarbon regardless of specific gravity.
I. STAFF means employees of the Department
				appointed by the Commissioner pursuant to
				32
				M.R.S.A. Section
				10005(2).
J. UNDERGROUND GASOLINE STORAGE TANK means a
				tank or container, 10% or more of which is underground, together with
				associated piping and dispensing facilities and which is used, or intended to
				be used, for the storage or supply of gasoline. The term does not include tanks
				or containers that are situated upon or above the surface of a floor and in
				such a manner that they may be readily inspected.
K. UNDERGROUND OIL STORAGE TANK means any
				tank or container, 10% or more of which is beneath the surface of the ground,
				together with any associated piping and dispensing facilities and which is
				used, or intended to be used, for the storage or supply of oil. The term
				"underground oil storage tank" does not include tanks or containers, associated
				piping or dispensing facilities that are located in an underground area if
				these tanks or containers, associated piping or dispensing facilities are
				situated upon or above the surface of a floor and in such a manner that they
				may be readily inspected.
L.
				UNDERGROUND OIL STORAGE TANK INSPECTOR. "Underground oil storage tank
				inspector" means a person certified under this chapter to inspect underground
				oil storage tanks.
M. UNDERGROUND
				OIL STORAGE TANK INSTALLER means a person certified under
				32 M.R.S.A. Section
				10001,
et seq
., and these
				rules to install and remove underground oil storage tanks.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 481 - Board of Underground Storage Tank Installers › Chapter 1 - ADMINISTRATIVE RULES › Section 481-1-3 - Board organization

Current through 2024-29, July 17, 2024
A.
Composition of the Board of Underground Storage Tank Installers.
The Board consists of seven (7) members appointed by the Governor under the
				provisions of
				32
				M.R.S.A. Section10003. The Board shall elect
				a chairperson at the annual meeting or when necessary due to the resignation of
				the chairperson.
B.
Meetings.
The Board shall hold its annual meeting during the first
				month of each calendar year to select a Chairperson and for other purposes. At
				least one additional meeting must be held before the end of each calendar year.
				Other meetings may be convened at the call of the Chairperson or the written
				request of any three (3) Board members. The Chairperson shall designate the
				date, time and place of each meeting of the Board. Staff shall give written
				notice of each meeting to Board members at least seven (7) days before the
				meeting is to be held. However, in case of an emergency requiring the Board to
				meet before such written notice can be given, verbal or telephone notification
				may be given no later than three (3) days before the meeting. A majority of the
				members of the Board shall constitute a quorum for all purposes.
C.
Board Records.
The official
				office of the Board is the Department of Environmental Protection, Bureau of
				Remediation and Waste Management. All records, minutes and advisory rulings of
				the Board must be kept at that office. Information may be obtained by making a
				written request to said office or the Board's staff.
D.
Management of Funds.
All fees
				received by the Board related to underground oil storage tank installers or
				underground oil storage tank inspectors must be deposited in the Board's
				account within the Maine Ground and Surface Waters Clean-up and Response Fund,
				established by
				38
				M.R.S.A. Section551. Expenditures from said
				account are subject to the approval of the Board. An annual report of the
				operations and financial position of the Board must be submitted to the
				Commissioner prior to August 1st of each year pursuant to
				32
				M.R.S.A.
				Section10004(6).
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 481 - Board of Underground Storage Tank Installers › Chapter 1 - ADMINISTRATIVE RULES › Section 481-1-4 - Standards of practice

Current through 2024-29, July 17, 2024
A.
Code of
				Ethics.
The Board adopts the following code of ethics for underground
				oil storage tank installers and underground oil storage tank inspectors:
(1)
Installer's and Inspector's
				Obligation to the Public
(a)
				Installers and inspectors in the performance of their services to clients,
				employers, and customers, shall be cognizant that their first and foremost
				responsibility is to the public health, safety and welfare, and the
				environment.
(b) Installers and
				inspectors shall perform or undertake only those installations, removals, and
				inspections that conform to accepted technical Federal, state and local
				standards and safeguard the life, health, property, safety and welfare of the
				public and the environment.
(c)
				Installers and inspectors shall notify all authorities as may be appropriate
				when their professional judgment is overruled by a client, employer, customer,
				or any other person under circumstances where the life, health, property,
				safety or welfare of the public or the environment is endangered.
(d) Installers and inspectors shall be
				objective and truthful in professional reports, statements or testimony. They
				shall include all relevant and pertinent information in such reports, statement
				or testimony.
(e) Installers and
				inspectors shall express a professional opinion publicly only when it is
				founded upon an adequate knowledge of the facts and a complete evaluation of
				the subject matter.
(f) Installers
				and inspectors shall issue no statements, criticisms or arguments on technical
				matters which are sponsored or paid for by interested parties, unless they
				explicitly identify the interested parties on whose behalf they are speaking
				and reveal any interest such interested parties have in the matters.
(g) Installers and inspectors shall not
				permit the use of their name or firm name by, nor associate in business
				ventures with, any person or firm which is engaging in fraudulent or dishonest
				business or professional practices.
(h) Installers and inspectors having
				knowledge of possible violations of the Board's enabling statute as provided in
				Title 32
Maine Revised Statutes Annotated
Chapter 104-A or
				this Code of Ethics shall provide the Board information and assistance
				necessary to the final determination of such violation.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 481 - Board of Underground Storage Tank Installers › Chapter 1 - ADMINISTRATIVE RULES › Section 481-1-5 - Enforcement and disciplinary actions

Current through 2024-29, July 17, 2024
A.
Procedures for Processing of Complaints
(1) When the Board receives a written
				complaint or documentation of enforcement action taken by the Department, or
				initiates a complaint on its own motion, the staff will open a file under the
				installer's, inspector's, or applicant's name. Staff will review the file and
				correspond with the installer, inspector, or applicant; the complainant, and
				any other involved parties requesting necessary information.
(2) In the initial correspondence, staff
				will:
(a) Provide the installer, inspector,
				or applicant; the complainant; and any other involved parties with a statement
				of their rights and with an explanation of the Board's rules and procedures for
				handling complaints;
(b) Seek from
				the complainant and other relevant parties a specific designation of the
				statute, regulation, order or license alleged to be violated; and
(c) Seek from the complainant and other
				relevant parties a factual statement sufficient to inform the installer,
				remover, or inspector with reasonable definiteness of the acts or practices
				alleged to be in violation of applicable law.
(3) When the requested information is
				received, staff will review the case file and prepare a written summary of the
				complaint. The written summary of the complaint will be sent to the installer,
				inspector, or applicant; the complainant; and any other involved parties, and
				will be presented to the Board at its next scheduled meeting.
(4) After considering the case, and prior
				disciplinary or other actions involving the same installer, inspector, or
				applicant, the Board will determine whether further disciplinary or other
				action is to be taken.
(5) If it is
				determined that no further disciplinary or other action should be taken by the
				Board on the complaint, staff will notify the parties in writing of the Board's
				decision.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 481 - Board of Underground Storage Tank Installers › Chapter 1 - ADMINISTRATIVE RULES › Section 481-1-6 - Advisory rulings

Current through 2024-29, July 17, 2024
A.
Authority
				and Scope.
The Board may issue an advisory ruling pursuant to
				5 M.R.S.A.
				Section9001 concerning the applicability to
				an existing factual situation of any statutes or rules it administers. Each
				request must be reviewed individually by the Chairperson to determine whether
				an advisory ruling is appropriate. The Chairperson may decline the request for
				an advisory ruling when the question is hypothetical, if there is insufficient
				experience upon which to base the ruling, or for any other reason deemed
				proper. The denial of a request may be appealed to the Board within twenty (20)
				days following the denial.
B.
Procedures for Processing of Requests for Advisory Rulings
(1)
Submission.
A request for an
				advisory ruling shall be submitted to the Chairperson in writing and shall set
				forth in detail all facts pertinent to the question. The Chairperson may
				require additional information as necessary to complete a factual background
				for a ruling of the Board.
(2)
Acknowledgement.
A request for an advisory ruling must be
				acknowledged by the Chairperson within ten (10) days of receipt. With thirty
				(30) days, the Chairperson shall provide notification that a request for ruling
				shall or shall not be presented to the Board, or the Chairperson may request
				additional information which is necessary to determine whether or not an
				advisory ruling is appropriate. An advisory ruling shall be in writing and
				shall include a statement of facts or assumptions, or both, upon which the
				ruling is based. The statement, without reference to other documents, shall be
				sufficiently detailed to allow understanding of the basis of the opinion. A
				ruling shall be rendered with the assent of three (3) members of the Board. An
				advisory ruling shall be signed by the Chairperson of the Board, shall be
				identified specifically as an advisory ruling, and shall be numbered
				serially.
(3)
Disposition.
An advisory ruling shall be mailed to the requesting
				party and a copy shall be kept by the Board. An advisory ruling is a public
				document and shall be available for public inspection at the Bureau of
				Remediation and Waste Management of the Department. In addition, the Board, as
				it deems appropriate, may otherwise publish or circulate an advisory
				ruling.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 481 - Board of Underground Storage Tank Installers › Chapter 1 - ADMINISTRATIVE RULES › Section 481-1-7 - Severability

Current through 2024-29, July 17, 2024
Should any provision of this rule be declared invalid or
				  ineffective by a court decision, the decision shall not invalidate any other
				  provision of this rule.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 481 - Board of Underground Storage Tank Installers › Chapter 2 - RULES OF PRACTICE AND PROCEDURE GOVERNING ADJUDICATORY PROCEEDINGS › Section 481-2-1 - Hearings in general

Current through 2024-29, July 17, 2024
Board hearings shall conform to the Administrative Procedure
				  Act, 5M.R.S.A. Chapter 375.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 481 - Board of Underground Storage Tank Installers › Chapter 2 - RULES OF PRACTICE AND PROCEDURE GOVERNING ADJUDICATORY PROCEEDINGS › Section 481-2-2 - Duties and responsibilities of the presiding officer

Current through 2024-29, July 17, 2024
The Presiding Officer at all hearings may be either the
				  Chairperson or an alternate designated by the Board. The Presiding Officer
				  shall preside at a hearing in a manner affording consideration of fair play and
				  compliance with the constitutional requirements of due process. The Presiding
				  Officer shall also have authority to:
A. Hold a conference for the simplification
				of issues;
B. Issue subpoenas
				requested by the parties;
C.Place
				witnesses under oath;
D. Take
				action necessary to maintain order;
E. Rules on motions and procedural questions
				arising before and during the hearing;
F. Call recesses or adjourn the hearing;
				and
G. Prescribe and enforce
				general rules of conduct and decorum.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 481 - Board of Underground Storage Tank Installers › Chapter 2 - RULES OF PRACTICE AND PROCEDURE GOVERNING ADJUDICATORY PROCEEDINGS › Section 481-2-3 - Role of board members

Current through 2024-29, July 17, 2024
The Board members collectively shall be responsible for
				  reviewing evidence and hearing testimony and argument in order to:
A. Determine whether or not the alleged
				conduct is supported by the evidence;
B. Determine whether or not the conduct is a
				violation of 32 M.R.S.A. §10001,
et seq
. and/or related
				rules; and
C. Determine and impose
				appropriate disciplinary sanctions.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 481 - Board of Underground Storage Tank Installers › Chapter 2 - RULES OF PRACTICE AND PROCEDURE GOVERNING ADJUDICATORY PROCEEDINGS › Section 481-2-4 - Ex parte communication

Current through 2024-29, July 17, 2024
A member shall not discuss an issue of fact or law concerning
				  a case which comes before the Board, except with notice and opportunity for
				  participation by all parties. This rule shall not be construed to limit a
				  discussion that does not relate to the merits of a case, such as scheduling or
				  procedural issues. A member shall not be limited from discussing a case at
				  meeting with the attorney for the Board.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 481 - Board of Underground Storage Tank Installers › Chapter 2 - RULES OF PRACTICE AND PROCEDURE GOVERNING ADJUDICATORY PROCEEDINGS › Section 481-2-5 - Parties

Current through 2024-29, July 17, 2024
Parties in a Board hearing, with the exception of the staff
				  or an intervenor, shall be limited to:
A. The installer, inspector, or applicant
				against whom an allegation or complaint is made; or
B. The installer, inspector, or applicant
				whose qualifications are in question.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 481 - Board of Underground Storage Tank Installers › Chapter 2 - RULES OF PRACTICE AND PROCEDURE GOVERNING ADJUDICATORY PROCEEDINGS › Section 481-2-6 - Intervention

Current through 2024-29, July 17, 2024
An application for intervention in a Board proceeding shall
				  be filed, except for good cause shown, at least seven (7) days in advance of
				  the scheduled hearing. Rulings by the Board or the Presiding Office shall be
				  subject to the provisions of
				   5 M.R.S.A.
				  §9054.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 481 - Board of Underground Storage Tank Installers › Chapter 2 - RULES OF PRACTICE AND PROCEDURE GOVERNING ADJUDICATORY PROCEEDINGS › Section 481-2-7 - Order of proceedings

Current through 2024-29, July 17, 2024
The order of proceedings, unless modified by the Presiding
				  Officer to facilitate the hearing, shall be as follows:
A. The staff and any party in support of the
				action may offer an opening statement;
B. The party defending against the action may
				offer an opening statement;
C.The
				staff and any party presenting evidence in support of the action may offer
				their case;
D. The party defending
				against the action may cross examine each witness;
E. The party defending against the action may
				offer his or her case;
F. The staff
				and any party in support of the action may cross examine each witness;
				and
G. Each party may offer a
				closing statement at the hearing or in writing within seven (7) business days
				following the hearing.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 481 - Board of Underground Storage Tank Installers › Chapter 2 - RULES OF PRACTICE AND PROCEDURE GOVERNING ADJUDICATORY PROCEEDINGS › Section 481-2-8 - Subpoenas

Current through 2024-29, July 17, 2024
A party shall be entitled to the issuance of subpoenas in the
				  name of the Board subject to the provisions of
				   5 M.R.S.A.
				  §9060. Subpoenas shall be requested,
				  except for good cause, at least ten (10) days in advance of a schedule hearing.
				  Subpoenaed witnesses shall be paid the same fees for attendance and travel as
				  in civil cases before the courts. Fees shall be paid by the party requesting
				  the subpoenas when the request is submitted.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 481 - Board of Underground Storage Tank Installers › Chapter 2 - RULES OF PRACTICE AND PROCEDURE GOVERNING ADJUDICATORY PROCEEDINGS › Section 481-2-9 - Notice of hearings

Current through 2024-29, July 17, 2024
Notice of a hearing shall be given to all parties at least
				  fourteen (14) days prior to the date on which the hearing is to be
				  held.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 481 - Board of Underground Storage Tank Installers › Chapter 2 - RULES OF PRACTICE AND PROCEDURE GOVERNING ADJUDICATORY PROCEEDINGS › Section 481-2-10 - Severability

Current through 2024-29, July 17, 2024
Should any provision of this rule be declared invalid or
				  ineffective by a court decision, the decision shall not invalidate any other
				  provision of this rule.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 481 - Board of Underground Storage Tank Installers › Chapter 3 - CERTIFICATION OF UNDERGROUND OIL TANK INSTALLERS › Section 481-3-1 - Authority for Installers

Current through 2024-29, July 17, 2024
An underground oil storage tank installer may install or
				 remove any type of underground oil storage tank, with the exception of
				 field-constructed storage or impressed-current cathodically-protected
				 tanks.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 481 - Board of Underground Storage Tank Installers › Chapter 3 - CERTIFICATION OF UNDERGROUND OIL TANK INSTALLERS › Section 481-3-2 - Application

Current through 2024-29, July 17, 2024
An applicant applying for certification as an underground oil
				 storage tank installer shall file a written application on a form which is
				 approved by the Board, showing to the Board that he or she meets the following
				 requirements:
A.
Individual.
An applicant must be an individual. Businesses or
				corporations may not be certified.
B.
Residence.
An applicant need
				not be a resident of this State.
C.
Character.
An applicant shall have demonstrated ethical practice.
				Such demonstration shall consist of providing to the Board written statements
				from three (3) personal references and three (3) business references attesting
				to the applicant's ethical practice. In addition, the Board may conduct a
				police check and checks with its own records, other certification or licensing
				boards with which the applicant is registered, and any other government
				agencies reasonably thought to have relevant information to confirm an absence
				of violations of Federal, State or local laws and regulations relating to the
				applicant's installation in an ethical and competent manner.
D.
Experience.
An applicant
				shall provide the Board with a listing of his or her experience directly
				involving underground oil storage tank installation and removal.
E.
Payment of Fee.
At the time
				of application, the applicant shall remit a nonrefundable $200 fee, which
				includes application costs, initial examination costs, and initial
				apprenticeship registration, except that no fee shall be charged to persons
				holding Master Oil Burner Technician Licenses.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 481 - Board of Underground Storage Tank Installers › Chapter 3 - CERTIFICATION OF UNDERGROUND OIL TANK INSTALLERS › Section 481-3-4 - Apprenticeship

Current through 2024-29, July 17, 2024
A.
Basic Requirements.
An
				applicant for certification as an underground oil storage tank installer must
				meet the following apprenticeship requirements before being certified.
				Apprenticeship is initiated only after the applicant successfully completed
				requirements of sections 2 and 3 of this chapter.
B.
Detailed Requirements.
No
				more than three years after passing the initial examination, an apprentice must
				accumulate a total of 1,000 experience points based on projects in Maine where
				he or she substantially assists a Maine certified installer. Points are
				accumulated for both mandatory and elective projects.
(1)
Mandatory Projects
. An
				apprentice must assist on the following projects, and will be granted
				experience points on the following schedule:
(a) Installation of an UST motor fuel
				facility with pressurized piping, secondary containment, and continuous
				interstitial monitoring for both tanks and piping - 300 points. At least one
				installation is required, but additional installations will be credited towards
				the apprentice's point total; and
(b) Removal of one or more gasoline tanks at
				a motor fuel facility - 100 points. One removal is required, and points will be
				earned for only one project.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 481 - Board of Underground Storage Tank Installers › Chapter 3 - CERTIFICATION OF UNDERGROUND OIL TANK INSTALLERS › Section 481-3-6 - Certification Prior to the Adoption of these Rules

Current through 2024-29, July 17, 2024
A.
Rights and
				Privileges.
Persons certified by the Board as underground oil storage
				tank installers prior to May 18, 1990 are considered by the Board to be
				properly certified under these rules as underground oil storage tank installers
				subject to renewal pursuant to section 9 of this chapter. Persons certified as
				Class 3 underground oil storage tank installers prior to September 20, 2007
				will retain that classification until the certification expires by its own term
				as is not renewed, is reclassified pursuant to this chapter, is voluntarily
				surrendered or is revoked pursuant to Chapter 1, whichever is
				earlier.
B.
Mechanisms for
				Reclassifying Certificates.
All persons holding Class 1 underground oil
				storage tank installer certificates prior to April 6, 1992 or Class 2
				underground oil storage tank installer certificates prior to September 20, 2007
				are considered by the Board to be properly certified under these rules as
				underground oil storage tank installers subject to renewal pursuant to section
				9 of this chapter.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 481 - Board of Underground Storage Tank Installers › Chapter 3 - CERTIFICATION OF UNDERGROUND OIL TANK INSTALLERS › Section 481-3-7 - Upgrading Certificates for Installers Certified under these Rules

Current through 2024-29, July 17, 2024
An installer initially certified after May 18, 1990 may
				 upgrade his or her class by accomplishing the following:
A.
Demonstrating to the Board Training
				and Experience Comparable to Completion of Appropriate Apprenticeship.
The applicant must complete a sufficient number of apprenticeship projects to
				accumulate 1000 experience points as outlined in Section 4 of this chapter. For
				this purpose, an apprentice can apply projects used in his or her initial
				apprenticeship. A fee for processing of $100 will be assessed at the time the
				applicant indicates his or her desire to pursue a class upgrade; and
B.
Passing the Final Written
				Examination.
Following completion of apprenticeship, the applicant must
				pass the final written or oral examination, as described in section 5 of this
				chapter.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 481 - Board of Underground Storage Tank Installers › Chapter 3 - CERTIFICATION OF UNDERGROUND OIL TANK INSTALLERS › Section 481-3-8 - Reciprocity

Current through 2024-29, July 17, 2024
An applicant may receive certification without having to meet
				 the application and examination requirements governing new applicants provided
				 that he or she files an application for certification by reciprocity
				 demonstrating to the Board's satisfaction that:
A. The applicant has one or more professional
				certifications in good standing needed to perform both underground oil storage
				tank installations and removals in another state;
B. The qualifications for certification in
				the other state(s) in which the applicant is certified are equivalent to those
				specified in 32 M.R.S. Section 10001 ,
et seq
., and this
				rule;
C. The technical standards
				for underground oil storage regulations in the state(s) in which the applicant
				is certified are at least as stringent as 06-096 CMR Chapter 691;
D. The applicant does not have a history in
				the prior 5 years of any violations of the laws or regulations in the state(s)
				in which the applicant is certified relating to the applicant's ability to
				install and remove underground oil storage tanks in an ethical and competent
				manner. The applicant must demonstrate the foregoing by submitting a notarized
				letter or comparable document from the certifying authority in the state(s) in
				which the applicant is certified documenting an absence of such violations
				within the prior 5 years. If there is a history of any such violations, the
				applicant may submit evidence to the Board demonstrating ability to install and
				remove underground storage tanks in an ethical and competent manner
				notwithstanding the prior violations. The Board may verify with other agencies
				to confirm information provided by an applicant and to obtain additional
				information; and
E. The applicant
				has remitted a $250.00 nonrefundable processing fee for a reciprocity request,
				due at the time such request is made.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 481 - Board of Underground Storage Tank Installers › Chapter 3 - CERTIFICATION OF UNDERGROUND OIL TANK INSTALLERS › Section 481-3-9 - Renewal of Certification

Current through 2024-29, July 17, 2024
Any certificate issued under these rules or prior to the
				 adoption of these rules will expire two (2) years after issuance at which time
				 it must be renewed. In order to receive certificate renewal, the applicant must
				 submit an application for renewal on a form which is processed by the Board
				 prior to the date of expiration of certification, or upon payment of a late fee
				 of $10.00, up to thirty (30) days after the date of certification. Any person
				 who submits an application for renewal more than thirty (30) days after the
				 date of expiration of certification is subject to all application and
				 examination requirements governing new applicants under this subsection, except
				 that the Board may, for good cause and giving due consideration to the
				 protection of the public, waive the requirements governing new applicants if
				 the renewal application is made within two (2) years from the date of
				 expiration. The application for renewal must provide evidence of continuing
				 competency, consisting of at least eight (8) hours of Board approved continuing
				 education which the underground oil storage tank installer has satisfactorily
				 completed since the last certificate was issued or renewed and prior to
				 submission of the application for renewal. The continuing education requirement
				 is more fully described in 06-481 CMR Chapter 1, Section 4, subsection B. The
				 Board may elect to conduct such continuing education and assess reasonable fees
				 to attendees to recover costs of such training. If renewal of certification is
				 granted by the Board, payment of a re-certification fee of $150.00 must be
				 accomplished by the applicant's prior certificate identification number on the
				 payment.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 481 - Board of Underground Storage Tank Installers › Chapter 3 - CERTIFICATION OF UNDERGROUND OIL TANK INSTALLERS › Section 481-3-10 - Issuance of Certification

Current through 2024-29, July 17, 2024
The Board shall issue a certificate and a certificate
				 identification number to any person who meets the requirements of this
				 chapter.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 481 - Board of Underground Storage Tank Installers › Chapter 3 - CERTIFICATION OF UNDERGROUND OIL TANK INSTALLERS › Section 481-3-11 - Certification of Employees of the Department

Current through 2024-29, July 17, 2024
A.
Eligibility.
An employee of the Department of Environmental
				Protection is eligible to become certified as an underground oil storage tank
				installer pursuant to this subsection if his or her assigned duties and
				responsibilities include:
(1) Providing staff
				support to the Board;
(2)
				Investigation of discharges of oil potentially related to faulty underground
				oil storage tank installations; or
(3) Enforcement of Department rules involving
				underground oil storage tank installation and removal.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 481 - Board of Underground Storage Tank Installers › Chapter 3 - CERTIFICATION OF UNDERGROUND OIL TANK INSTALLERS › Section 481-3-12 - Severability

Current through 2024-29, July 17, 2024
Should any provision of this rule be declared invalid or
				 ineffective by a court decision, the decision shall not invalidate any other
				 provision of this rule.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 481 - Board of Underground Storage Tank Installers › Chapter 6 - CERTIFICATION OF UNDERGROUND OIL STORAGE TANK INSPECTORS › Section 481-6-1 - Application

Current through 2024-29, July 17, 2024
An applicant applying for certification as an underground oil
				 storage tank inspector shall file a written application on a form which is
				 approved by the Board, showing to the Board that he or she meets the following
				 requirements:
A.
Individual
. An applicant must be an individual. Businesses or
				corporation may not be certified.
B.
Residence
. An applicant need
				not be a resident of this State.
C.
Character
. An applicant shall have demonstrated ethical practice.
				Such demonstration shall consist of providing to the Board written statements
				from three (3) personal references and three (3) business references attesting
				to the applicant's ethical practice. In addition, the Board may conduct a
				police check and checks with its own records, other certification or licensing
				boards with which the applicant is registered, and any other government
				agencies reasonably thought to have relevant information to confirm an absence
				of violation of Federal, State or local laws and regulations relating to the
				applicant's ability to practice underground oil storage tank inspection in an
				ethical and competent manner.
D.
Experience
. An applicant shall provide the Board with a listing of
				his or her experience directly involving underground oil storage tank
				inspection.
E.
Related
				Certifications
. An applicant shall provide the Board with valid
				demonstrations of any certifications he or she may have obtained from petroleum
				equipment manufacturers to inspect and/or maintain their equipment and any
				certifications he or she may have obtained which indicate the applicant's
				expertise in testing cathodic protection systems.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 481 - Board of Underground Storage Tank Installers › Chapter 6 - CERTIFICATION OF UNDERGROUND OIL STORAGE TANK INSPECTORS › Section 481-6-2 - Written examination

Current through 2024-29, July 17, 2024
All applicants for certification, except those for whom the
				 written test has been substituted by oral examination pursuant to paragraph (5)
				 of this subsection, shall pass a written examination testing the applicant's
				 knowledge of the requirements of 38 M.R.S. Section 561 , et seq., and rules
				 promulgated thereunder by the Board of Environmental Protection concerning the
				 inspection of underground oil storage tanks. Federal regulations relating to
				 underground oil storage tank inspection, practical skills relating to
				 underground oil storage tank inspection, and other subjects as the Board
				 requires to determine the applicant's fitness to practice. Written examinations
				 shall consist of no fewer than 100 multiple-choice questions approved by the
				 Board. The minimum passing score shall be 80% unless the Board determines that
				 a higher standard is merited. Written examinations shall be given at least
				 twice each year at such places as the Board determines, and supervised by one
				 or more of the following: a member of the Board, a member of the staff, or a
				 certified employee of the Department. All persons submitting completed
				 applications since the date of the previous written examination shall be
				 notified by mail at least fourteen (14) days in advance of the time and place
				 of the examination. The Board shall assess a $250 nonrefundable fee for the
				 conduct and processing of written examinations. This fee is due upon submittal
				 of the application specified in Section 1 of this chapter. A person who fails
				 the written examination may apply for re-examination upon payment of the
				 prescribed fee. The Board shall also establish a packet of materials to assist
				 applicants in studying for the written examination. Such packets shall be
				 furnished to applicants upon request at a cost which shall be due at the time
				 of the request. The cost of the packets will be in addition to the written
				 examination fee and will not exceed the actual cost of preparing such
				 packets.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 481 - Board of Underground Storage Tank Installers › Chapter 6 - CERTIFICATION OF UNDERGROUND OIL STORAGE TANK INSPECTORS › Section 481-6-3 - Oral examination

Current through 2024-29, July 17, 2024
Only applicants who demonstrate to the Board that the written
				 examination specified in Section 2 would not provide an equitable test of their
				 underground oil storage tank inspection knowledge can take the oral
				 examination. The circumstances under which the Board will consider substituting
				 an oral examination for the written examination include but are not limited to
				 physical disability or where English is not the applicant's first language.
				 Such oral examination will test the applicant's knowledge of the requirements
				 of 38 M.R.S. Section 561 , et seq., any rules promulgated thereunder by the
				 Board of Environmental Protection concerning the inspection of underground oil
				 storage tanks, Federal regulations relating to underground oil storage tank
				 removal, the practical skills relating to underground oil storage tank
				 inspection, and other subjects as the Board requires to determine the
				 applicant's fitness to practice. Such examination shall be scheduled and
				 located by mutual consent between the qualified applicant and the Board. The
				 oral examination shall be administered by at least one member of the Board. The
				 test shall consist of 150 multiple-choice questions identical to those
				 developed for the written examination (Section 2 of this chapter), and a score
				 of 80 percent or better shall be considered passing. The Board shall assess a
				 nonrefundable fee of $250 for the conduct and processing of oral examinations.
				 This fee is due upon scheduling of the examination. A person who fails the oral
				 examination may apply for reexamination upon payment of the prescribed
				 fee
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 481 - Board of Underground Storage Tank Installers › Chapter 6 - CERTIFICATION OF UNDERGROUND OIL STORAGE TANK INSPECTORS › Section 481-6-3-A - Scores; review

Current through 2024-29, July 17, 2024
Applicants will be sent written notification by regular mail
				 of their scores within ten (10) business days of their completion of the
				 examination. At their request, applicants will be provided the opportunity to
				 review the questions they answered incorrectly along with the correct answers.
				 That review will be accomplished by appointment at the Board's offices.
				 Examination questions may not be retained or copied by the applicant. No other
				 person may review an applicant's examination.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 481 - Board of Underground Storage Tank Installers › Chapter 6 - CERTIFICATION OF UNDERGROUND OIL STORAGE TANK INSPECTORS › Section 481-6-4 - Reciprocity

Current through 2024-29, July 17, 2024
An applicant may receive certification as an underground oil
				 tank inspector without having to meet the application and examination
				 requirements governing new applicants provided that he or she files an
				 application for certification by reciprocity demonstrating to the Board's
				 satisfaction that:
A. He or she is
				currently certified in another state as an underground oil storage tank
				inspector; and
B. The
				qualifications for certification in the other state in which the applicant is
				certified are equivalent to those specified in 32 M.R.S. Section 10001 ,
et seq
., and these rules, unless the Board has previously
				determined that such equivalency exists. The Board will assess a nonrefundable
				$250 processing fee for a reciprocity request, due at the time such request is
				made.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 481 - Board of Underground Storage Tank Installers › Chapter 6 - CERTIFICATION OF UNDERGROUND OIL STORAGE TANK INSPECTORS › Section 481-6-5 - Renewal of certification

Current through 2024-29, July 17, 2024
Any certificate for underground oil tank inspector issued
				 under these rules or prior to the adoption of these rules will expire two (2)
				 years after issuance at which time it must be renewed. In order to receive
				 certificate renewal, the applicant must submit an application for renewal on a
				 form which is pre-approved by the Board prior to the date of expiration of
				 certification or, upon payment of a late fee of $10.00, up to thirty (30) days
				 after the date of certification. Any person who submits an application for
				 renewal more then thirty (30) days after the date of expiration of
				 certification is subject to all application and examination requirements
				 governing new applicants under this subsection, except that the Board may, for
				 good cause and giving due consideration to the protection of the public, waive
				 the requirements governing new applicants if the renewal application is made
				 within two (2) years from the date of expiration. The application for renewal
				 must provide evidence of continuing competency, consisting of at least eight
				 (8) hours of Board approved continuing education which the underground oil
				 storage tank inspector has satisfactorily completed since the last certificate
				 was issued or renewed and prior to the submission of the application for
				 renewal. The continuing education requirement is more fully described in 06-481
				 CMR Chapter 1 Section 4. B. The Board may elect to conduct such continuing
				 education and assess reasonable fees to attendees to recover costs of such
				 training. If renewal of certification is granted by the Board, the payment of
				 the certification fee pursuant to Section 7 of this chapter must be accompanied
				 by the applicant's prior certificate identification number on the
				 payment.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 481 - Board of Underground Storage Tank Installers › Chapter 6 - CERTIFICATION OF UNDERGROUND OIL STORAGE TANK INSPECTORS › Section 481-6-6 - Issuance of certification

Current through 2024-29, July 17, 2024
The Board shall issue a certificate and a certificate
				 identification number to any person who meets the requirements of this
				 subsection for certification as an underground oil tank inspector upon payment
				 of a certification fee of $150.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 481 - Board of Underground Storage Tank Installers › Chapter 6 - CERTIFICATION OF UNDERGROUND OIL STORAGE TANK INSPECTORS › Section 481-6-7 - Severability.

Current through 2024-29, July 17, 2024
Should any provision of this rule be declared invalid or
				 ineffective by a court decision, the decision shall not invalidate any other
				 provision of this rule.
Code of Maine Rules › 09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › 137 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE - GENERAL › Chapter 1 - OPEN WATER AND ICE FISHING REGULATIONS

Current through 2024-29, July 17, 2024
(
Amendment
: FISH RIVER EXCLUDING
				THROUGHFARES)
Fish River Excluding Throughfares (note: bullet 4 in
				current rulebook)
- From the Fish River Falls in Fort Kent downstream to
				the St. John River: , S-13,
				. Closed to the taking of live
				baitfish. From October 1 - March 31: S-6, S-7, S-13, and open to the taking of
				muskellunge.
The amended
				version of this chapter by 1/1/2017-
				filing
				2016- 174 is not yet available.
The amended
				version of this chapter by 4/1/2017-
				filing
				2017- 055 is not yet available.
The amended
				version of this chapter by 1/1/2018-
				filing
				2017- 160 is not yet available.
The amended
				version of this chapter by 9/25/2018-
				filing
				2018- 200 is not yet available.
The amended
				version of this chapter by 4/1/2019-
				filing
				2019- 056 is not yet available.
The amended
				version of this chapter by 1/1/2020-
				filing
				2019- 155 is not yet available.
The amended
				version of this chapter by 1/1/2020
									filing
				2019- 179 is not yet available.
The amended
				version of this chapter by 1/1/2021
									filing
				2020- 221 is not yet available.
The
				amended version of this chapter by
				filing
				2021- 216, eff.
				1/1/2022 is not yet
				available.
The
				amended version of this chapter by
				filing
				2022- 227, eff.
				1/1/2023 is not yet
				available.
The
				amended version of this chapter by
				filing
				2023-182, eff.
				1/1/2024 is not yet
				available.
Code of Maine Rules › 09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › 137 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE - GENERAL › Chapter 1-A - STATE HERITAGE FISH WATERS › Section 137-1-A-1 - Stocking

Current through 2024-29, July 17, 2024
The Commissioner may not stock or issue a permit to stock
				  fish in a lake or pond listed as a State Heritage Fish water.
Code of Maine Rules › 09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › 137 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE - GENERAL › Chapter 2 - Rules Pertaining to Commercial Fishing, Fish Culture and Fishing Derbies and Tournaments › Section 137-2-01 - Waters Designated for Use in Fish Culture and Scientific Research by the State

Current through 2024-29, July 17, 2024
All inland waters of the state (as defined in Chapter 701,
				  Section 7001, sub-section 18, 12 M.R.S.A.) are designated as waters for the use
				  of the State in the prosecution of the work of fish culture and scientific
				  research relative to fish, for the period beginning July 1, 1989, through June
				  30, 1999.