Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 692 - SITING OF OIL STORAGE FACILITIES › Section 096-692-2 - Definitions

Current through 2024-29, July 17, 2024
The following terms as used in this Chapter have the
				  following meaning:
A.
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.
B.
Aboveground oil
				storage facility.
"Aboveground oil storage facility" means any
				aboveground oil storage tank or tanks, together with associated piping,
				transfer and dispensing facilities located over land or water of the State at a
				single location for more than 4 months per year and used or intended to be used
				for the storage or supply of oil. Oil terminal facilities, as defined in
				38
				M.R.S.§542(7) are not
				included in this definition.
C.
Aboveground oil storage tank.
"Aboveground oil storage tank" means
				any aboveground container, less than 10 percent (%) of the capacity of which is
				beneath the surface of the ground, 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.
D.
Bulk
				plant.
"Bulk plant" means an intermediate fuel oil distribution facility
				with truck loading racks.
E.
Chapter 34.
"Chapter 34" means the Department of Public
				Safety
Rules and Regulations for Flammable and Combustible
				Liquids
, 16-219 C.M.R. ch. 34.
F.
Chapter 691.
"Chapter 691"
				means the Department of Environmental Protection
Rules for Underground
				Oil Storage Facilities
, 06-096 C.M.R. ch. 691.
G.
Commissioner.
"Commissioner"
				means the Commissioner of the Department of Environmental Protection.
H.
Community drinking water
				well.
"Community drinking water well" means a public drinking water well
				that supplies a community water system as defined under
				
				22M.R.S.§2660-B(2).
I.
C.M.R."
C.M.R." means the
Code of Maine Regulations
.
J.
Department.
"Department"
				means the Department of Environmental Protection composed of the Board of
				Environmental Protection and the Commissioner.
K.
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.
L.
Fire
				marshal.
"Fire Marshal" means the Office of the State Fire Marshal in
				the Department of Public Safety.
M.
Marketing and distribution facility.
"Marketing and distribution
				facility" means any underground and/or aboveground oil storage facility where
				oil is stored for eventual resale.
N.
M.R.S.
"M.R.S." means the
Maine Revised Statutes
.
O.
Oil.
"Oil" means oil, oil
				additives, 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 nonhazardous waste, crude oils and all other liquid
				hydrocarbons regardless of specific gravity. "Oil" does not include propane,
				liquefied natural gas or other liquefied petroleum that is a gas at ambient
				temperatures.
P.
Oil storage
				facility.
"Oil storage facility" or "facility" means an aboveground oil
				storage facility or an underground oil storage facility.
Q.
Person.
"Person" means any
				natural person, firm, association, partnership, corporation, trust, the State
				and any agency of the State, government entity, quasi-governmental entity, the
				United States and any agency of the United States and any other legal
				entity.
R.
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.
S.
Public drinking
				water well.
"Public drinking water well" means a drinking water supply
				well for a public water system as defined in
				22
				M.R.S.§2601(8).
T.
Public drinking water supply.
"Public drinking water supply" means any well or other source of water that
				furnishes water to the public for human consumption for at least 15
				connections, regularly serves an average of at least 25 individuals daily at
				least 60 days out of the year, or that supplies bottled water for
				sale.
U.
Significant sand and
				gravel aquifer.
"Significant sand and gravel aquifer" means a porous
				formation of ice-contact and glacial outwash sand and gravel that contains
				significant recoverable quantities of water likely to provide drinking water
				supplies. For the purposes of this Chapter, surficial deposits with moderate to
				good potential ground water yield expected to yield 10 or more gallons per
				minute but no more than 50 gallons per minute are generally defined as moderate
				yield while surficial deposits with good to excellent ground water yield
				expected to yieldgreater than 50 gallons per minute are generally defined as
				high yield.
V.
Underground
				oil storage facility.
"Underground oil storage facility" means any
				underground oil storage tank or tanks, as defined in subsection W, below,
				together with associated piping and dispensing facilities located under any
				land at a single location and used, or intended to be used, for the storage or
				supply of oil, as defined in this Chapter. Underground oil storage facility
				also includes piping located under any land at a single location associated
				with above ground storage tanks and containing 10% or more of the facility's
				volume capacity.
W.
Underground oil storage tank.
"Underground oil storage tank" means
				any container, 10% or more of its volume being beneath the surface of the
				ground and which is used, or intended to be used, for the storage, use,
				treatment, collection, capture or supply of oil as defined in this subchapter,
				but does not include any tanks situated in an underground area if these tanks
				or containers are situated upon or above the surface of a floor and in such a
				manner that they may be readily inspected. For the purpose of this Chapter,
				"underground oil storage tank" does not include underground propane storage
				tanks, underground oil-water separators, storm water and emergency catch
				basins, and hydraulic lift tanks. An overflow tank associated with an oil-water
				separator is considered an underground oil storage tank.
X.
Wellhead protection zone.
"Wellhead protection zone" means:
(1) In the
				case of a private drinking water well, the area within 300 feet of the well;
				and
(2) In the case of a public
				drinking water well, the greater of:
(a) The
				area within 1,000 feet of the well; and
(b) The source water protection area of the
				well if mapped by the Department of Health and Human Services as described
				under
				30-A
				M.R.S.§2001(20-A).