reglab/statecodes huggingface dataset:
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 595 - STATE REVOLVING FUND › Section 096-595-C - Application for Assistance

Current through 2024-29, July 17, 2024
1.
Preplanning and Preapplication
(a) Preplanning. Potential applicants should
				confer with the staff of the Department and the Bank as early in its planning
				process as practical. The Department will provide information, advice,
				instruction, and guidance on the scope of work and level of effort needed to
				define eligible Projects in order to ensure that the applicant expeditiously
				complies with all state and federal requirements.
(b) Preapplication Meeting. An Eligible
				Applicant seeking Financial Assistance should make an appointment for a meeting
				with the staff of the Department and the Bank. At a minimum, the preapplication
				meeting should be attended by a member of the governing body of the
				municipality and the applicant's engineer and fiscal representative. If
				possible the applicant should bring information documenting the existence of,
				or a proposal for, a dedicated source of revenue for repaying the loan and of
				the establishment or proposed establishment of a system of user fees. The
				primary purpose of the meeting is to acquaint the applicant with program
				requirements and to assist the applicant in preparing an application. Also, a
				preliminary evaluation of whether the Project will qualify for funding will in
				most cases be made at this meeting.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 595 - STATE REVOLVING FUND › Section 096-595-E - Prerequisites to Release of Funds

Current through 2024-29, July 17, 2024
1.
Release of
				Funds.
No release of funds may be made until such time as:
(a) Rate Schedule. The Eligible Applicant
				demonstrates to the Bank that it has established a rate, charge or assessment
				schedule which will generate annually sufficient revenue to pay, or has
				otherwise provided sufficient assurances that it will pay, the principal of and
				interest on the municipal bond or other debt instrument that evidences the loan
				made by the Bank to the municipality under subsection E(1) of this rule and to
				pay reasonably anticipated costs of operating and maintaining the financed
				Project and the system of which it is a part, if applicable;
(b) Dedicated Revenue. The Eligible Applicant
				certifies to the Bank that it has created a dedicated source of revenue, which
				may constitute general revenues of the Eligible Applicant through a general
				obligation pledge of the applicant, for repayment of the loan;
(c) Eligible. The Eligible Applicant and the
				Project to be financed by the proceeds of the loan have been designated by the
				Department as eligible to participate in a construction program funded wholly
				or in part by the State and from the proceeds of the revolving loan fund, in
				accordance with subsection C(7);
(d) Department Certification. The Department
				certifies to the Bank that the loan eligibility priority established under
				30-A
				M.R.S.§6006-A(3)
				entitles the applicant to immediate financing or assistance under subsection
				C(7) of this Chapter, and
(e) Prior
				to the release of funds for construction, the Eligible Applicant shall certify
				that it has secured all permits, licenses and approvals necessary to construct
				the improvements to be financed by the loan.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 595 - STATE REVOLVING FUND › Section 096-595-F - Building Phase

Current through 2024-29, July 17, 2024
1.
Awarding
				Construction Contracts
. The Eligible Applicant shall be responsible for
				assuring that all procedures and legal requirements are observed in advertising
				for bids, Request for Qualifications, and Request for Proposals, and in
				awarding the construction contract. The text of the construction contract shall
				not vary from the text of the copy submitted to the Department. The Department
				may approve the award of construction contracts using any of the four delivery
				methods outlined below in Subsections F(1)(a)-(c).
(a) Design-Bid-Build (DBB) Contracts:
(i) A DBB Contract shall be competitively
				bid;
(ii) Prior to advertising, the
				Eligible Applicant shall submit to the
				Department the Plans and Specifications approved in accordance with subsection
				D(3) of this rule (relating to approval of Plans and Specifications);
				and
(iii) Submittals for Contract
				Award for DBB Contracts. Prior to contract award, the Eligible Applicant shall
				submit for approval to the Department the following documents:
(AA) A tabulation of all bids received and an
				explanation for any rejected bids or otherwise disqualified bidders;
(BB) The proposed low bid proposal;
(CC) A certification that all required
				acquisitions, leases, easements, right-of-way, relocations, (both voluntary and
				involuntary) have been obtained for the Project to be built;
(DD) Documentation of MBE/WBE efforts by the
				proposed low bid contractor, if applicable;
(EE) A notice of intent to award;
(FF) Evidence of public advertising;
				and
(GG) A Project
				budget.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 595 - STATE REVOLVING FUND › Section 096-595-G - Post Building Phase

Current through 2024-29, July 17, 2024
1.
Responsibilities of Eligible Applicant.
After the satisfactory
				completion of the Project, the Eligible Applicant shall be held accountable by
				the Department for the continuing validity of all of the Eligible Applicant's
				representations and assurances. To facilitate continuing cooperation and to
				enable the Department to protect the State's investment and the public
				interest, the following provisions must be observed.
(a) Department Inspections. The Department is
				authorized to inspect the Project and the records of operation and maintenance
				of the Project at any time. If the Department finds that the Project is being
				improperly or inadequately operated and maintained to the extent that the
				purposes of the Project are not being properly fulfilled or that the integrity
				of the State's investment is being endangered, the Department must require the
				applicant to take corrective action.
(b) Operation and Maintenance. The Department
				or the Bank may request certified copies of all minutes, operating budgets,
				monthly operating statements, contracts, leases, deeds, audit reports, and
				other documents concerning the operation and maintenance of the
				Project.
(c) Fund Accounts. The
				Eligible Applicant shall maintain debt service fund accounts and other fund
				accounts related to the SRF debt in accordance with standards set forth by the
				Bank.
(d) Mitigation Measures.
				Eligible Applicants required to implement mitigation measures as a result of
				the environmental review process shall continue to implement those measures, if
				applicable.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 595 - STATE REVOLVING FUND › Section 096-595-H - References to Federal Regulations

Current through 2024-29, July 17, 2024
Portions of this rule refer to federal regulations of the
				  United States Environmental Protection Agency (EPA). Unless otherwise
				  specified, the federal regulations referenced are those regulations effective
				  as of June 10, 2014, as they appear in volume 40 of the code of Federal
				  Regulations (CFR). Copies are available from the US Government Printing Office,
				  732 North Capitol Street, NW, Washington DC 20401.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 596 - OVERBOARD DISCHARGES: LICENSING AND ABANDONMENT › Section 096-596-1 - Applicability of Chapter 2

Current through 2024-29, July 17, 2024
Unless specified differently in this chapter, the
				  requirements in the Maine Department of Environmental Protection's (Department)
Rules Concerning the Processing of Applications and Other
				  Administrative Matters
06-096 CMR 2 (April 1, 2003), apply to
				  overboard discharge applications.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 596 - OVERBOARD DISCHARGES: LICENSING AND ABANDONMENT › Section 096-596-2 - Applicability of Other Regulations

Current through 2024-29, July 17, 2024
Unless specified differently in this chapter or found to be
				  not applicable due to the nature and type of discharge, the requirements of
				  Department's Rules 520 to 529 concerning the regulation and processing of waste
				  discharge applications, apply to overboard discharges.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 596 - OVERBOARD DISCHARGES: LICENSING AND ABANDONMENT › Section 096-596-3 - Definitions

Current through 2024-29, July 17, 2024
The terms used in this chapter are defined as follows.
A.
Blackwater.
"Blackwater" is
				wastewater containing domestic pollution that includes human excrement and
				urine.
B.
Domestic
				Pollutants.
"Domestic Pollutants" are any materials including, without
				limitations, sanitary wastes, waste water from household activities or
				wastewaters with similar chemical characteristics, which are generated at
				residential or commercial locations.
C.
Facility.
"Facility" means
				all structures assigned wastewater discharge volume according to the
Maine Subsurface Waste Water Disposal Rules
(Subsurface Rules)
				10-144 CMR 241, that are either connected to the waste discharge system or will
				use it during normal operation.
D.
Graywater.
"Graywater" is wastewater containing domestic
				pollutants excluding human excrement and urine.
E.
Licensee
. A "licensee" is the
				person, persons, or legal entity identified on the license.
F.
Overboard Discharge.
An
				"overboard Discharge" is a discharge to the surface waters of the State of
				domestic pollutants not conveyed to and treated in municipal or quasi-municipal
				sewage treatment facilities.
G.
Public Nuisance Condition.
A "public nuisance condition" means an
				existing overboard discharge to a receiving water that is:
(1) A Class GPA, AA, A, or SA
				water;
(2) A tributary to Class GPA
				water;
(3) A waterbody with a
				drainage area of less than 10 square miles; or
(4) Contribute to a violation of Maine's
Water Classification Laws
38 M.R.S.A. §§464 to
				469.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 596 - OVERBOARD DISCHARGES: LICENSING AND ABANDONMENT › Section 096-596-4 - Previously Unlicensed Overboard Waste Discharges

Current through 2024-29, July 17, 2024
A.
License Qualification.
After
				accepting an application as complete for processing, the Department shall issue
				a license for an existing but previously unlicensed overboard discharge only if
				all of the following criteria are met.
(1)
				The applicant demonstrates with evidence acceptable to the Department that an
				overboard discharge was in continuous existence for the 12 months preceding
				June 1, 1987.
(2) A publicly owned
				sewer line is not located on or abutting land owned or controlled by the
				applicant or is not available for the applicant's use.
(3) The applicant demonstrates to the
				Department's satisfaction that a subsurface wastewater disposal system cannot
				be installed in compliance with the Subsurface Rules, 10-144 CMR 241, on land
				owned or controlled by the applicant.
(4) The discharge is not located within the
				boundaries of a sanitary or sewer district and the district has not agreed to
				service and maintain a holding tank at an annual fee that does not exceed those
				fees charged to other similar users of the district's services who are
				physically connected to the sewers of the district.
(5) The discharge is a year round discharge
				as determined by Section 6(C) of this chapter, a commercial discharge, or does
				not meet the criteria of Section 9(A)(2) of this chapter.
(6) The receiving water is not:
(a) A Class GPA, AA, A, or SA
				water;
(b) A tributary to Class GPA
				water; or
(c) A waterbody with a
				drainage area of less than 10 square miles.
(7) The discharge meets the requirements of
Maine's Pollution Control Laws
38 M.R.S.A. §414-A, and
				Maine's
Water Classification Laws
38 M.R.S.A. §§464
				to 469.
(8) The discharge receives
				best practicable treatment consistent with requirements in Section 9 of this
				chapter.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 596 - OVERBOARD DISCHARGES: LICENSING AND ABANDONMENT › Section 096-596-5 - Renewal of Overboard Discharge Licenses

Current through 2024-29, July 17, 2024
A.
License Qualification.
After accepting a renewal application as complete
				for processing, the Department shall approve an overboard waste discharge
				license only if all of the following criteria are met.
(1) A publicly owned sewer line is not
				located on or abutting land owned or controlled by the applicant or is not
				available for the applicant's use.
(2) A subsurface wastewater disposal system
				cannot be installed in compliance with the Subsurface Rules, 10-144 CMR 241, on
				land owned or controlled by the applicant. Or, a subsurface wastewater disposal
				system can be installed on land owned or controlled by the applicant and the
				applicant is eligible for grant funding pursuant to 38 M.R.S.A §411-A but
				no funding is available.
(2) The
				discharge is not located within the boundaries of a sanitary or sewer district
				and the district has not agreed to service and maintain a holding tank at an
				annual fee that does not exceed those fees charged to other similar users of
				the district's services who are physically connected to the sewers of the
				district.
(3) The discharge is a
				year round discharge as determined by Section 6(C) of this chapter, a
				commercial discharge, or does not meet the criteria in Section 9(A)(2) of this
				chapter.
(4) The volume or quantity
				of waste water that is discharged does not exceed the authorized volume or
				quantity as determined according to Section 6(B) of this chapter.
(5) The number of months during which the
				discharge occurs does not exceed the authorized number of months as determined
				according to Section 6(C) of this chapter.
(6) The receiving water is not:
(a) A Class GPA, AA, A, or SA
				water;
(b) A tributary to Class GPA
				water; or
(c) A waterbody with a
				drainage area of less than 10 square miles,
unless it is demonstrated to the Department's satisfaction
				  that no alternative to the discharge exists.
(7) The discharge meets the requirements of
Maine's Pollution Control Laws
38 M.R.S.A. §414-A, and
				Maine's
Water Classification Laws
38 M.R.S.A. §§464
				to 469.
(8) The discharge receives
				best practicable treatment consistent with requirements in Section 9 of this
				chapter.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 596 - OVERBOARD DISCHARGES: LICENSING AND ABANDONMENT › Section 096-596-6 - License and Permit Conditions

Current through 2024-29, July 17, 2024
A.
Standard
				and Special Conditions.
Overboard discharge licenses issued by the
				Department must contain appropriate standard conditions and any other special
				conditions deemed necessary by the Department to achieve compliance with Maine
				laws. The standard conditions will include any applicable standards identified
				in Chapter 523, Section 2, and Chapter 525, Section 3.
B.
Volume Limitation.
The waste
				discharge volume limit of the renewed license is determined as follows.
(1) If the facility is a college, university,
				school union or school administrative unit, the discharge volume limit is:
(a) The limit imposed by the previous license
				or permit; or
(b) The actual or
				estimated flow at the time of current application if a license volume increase
				is necessary; or
(c) An alternate
				limit if (b) above will violate 38 M.R.S.A. §§464 to 469.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 596 - OVERBOARD DISCHARGES: LICENSING AND ABANDONMENT › Section 096-596-7 - Transfers of Waste Discharge Licenses and Conditional Permits

Current through 2024-29, July 17, 2024
An overboard discharge license or permit issued by the
				  Department may be transferred subject to the following conditions.
A.
Site Evaluation Requirement.
Prior to a property transfer a site evaluation has been performed by a
				licensed site evaluator with experience in designing systems for the
				replacement of overboard discharges. The site evaluator must explicitly
				conclude that a non-discharging wastewater disposal system designed in
				compliance with the Subsurface Rules, 10-144 CMR 241 cannot be
				installed.
B.
Complete
				Application Requirement.
A transfer application accepted as complete for
				processing is received including any other required materials.
C.
Liability of Parties to Sale.
Pending approval of a transfer or assignment of ownership of any license
				or permit, the person to whom such property is transferred or assigned shall
				abide by all of the conditions of such license or permit and shall be jointly
				or severally liable for any violation of the terms and conditions thereof. Any
				proposed transferee or assignee shall demonstrate the technical and financial
				capacity and intent to: (1) comply with all standards of the applicable license
				or permit, and (2) to satisfy all applicable statutory criteria.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 596 - OVERBOARD DISCHARGES: LICENSING AND ABANDONMENT › Section 096-596-8 - Abandonment of Overboard Discharge Systems

Current through 2024-29, July 17, 2024
When an overboard discharge treatment system is not longer
				  necessary or is replaced by an alternative treatment system, it must be
				  properly abandoned within 90 days as follows.
A.
Residual Wastewater
.
				Wastewater remaining in the system must be discharged in accordance with the
				active or most recently expired license or permit or removed and disposed at a
				facility authorized by the Department to receive such wastes. The property
				owner must also perform the following, as applicable.
(1) Mechanical treatment systems must be
				aerated until 24 hours before they are emptied. After the contents have
				settled, the supernatant liquid may be discharged through the chlorinator at a
				rate that does not exceed the design capacity of the chlorinator or the
				chlorine detention tanks. Wastewater containing settled solids may not be
				discharged to the water.
(2) The
				contents of the chlorinator may be emptied to the water no sooner than 30
				minutes after last receiving wastewater. Any solids contained in the
				chlorinator may not be discharged to the water.
(3) Any tanks that contain untreated or
				primary treated wastewater, including but not limited to septic tanks and
				grease traps, may not be discharged directly or indirectly to the
				water.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 596 - OVERBOARD DISCHARGES: LICENSING AND ABANDONMENT › Section 096-596-9 - Best Practicable Treatment for Overboard Discharges

Current through 2024-29, July 17, 2024
Best practicable treatment must be determined by the process
				  defined in the Department's
Criteria and Standards for Waste Discharge
				  Licenses
, 06-096 CMR 524 unless specifically defined in the
Effluent Guidelines and Standards
, 06-096 CMR 525 or this
				  section.
A.
Treatment
				Requirements for Combined Blackwater and Graywater Discharges.
All
				overboard discharge wastewater must receive best practicable treatment as
				follows.
(1) A non-discharging wastewater
				disposal system designed and installed in compliance with the Subsurface Rules,
				10-144 CMR 241, or connection to a publicly owned sewage collection and
				treatment system.
(2) A holding
				tank, where Section 9, Paragraph (A)(1), of this chapter is not feasible, and
				the facility is a seasonal residential overboard discharge located on the
				mainland or an island connected by vehicle bridge or scheduled car ferry
				service as long as the discharge's removal, alone or in conjunction with other
				discharges would result in the opening of a shellfish harvesting
				area.
(3) Where Section 9,
				Paragraph (A)(1) of this chapter has been demonstrated not feasible and the
				conditions described in Paragraph 2 and 4 of this subsection are not
				applicable, a septic tank followed by treatment in a sand filter bed followed
				by disinfection is deemed best practicable treatment. The sand filter must be
				of a Department approved design and must be sized to provide a minimum
				treatment area of one gallon per square foot per day.
(4) Where kitchen waste water or similar
				effluents containing a significant quantity of oil or grease are discharged, or
				where small property lot sizes will not accommodate the installation of a sand
				filter, a mechanical treatment system using an aeration and settling process
				followed by disinfection shall be deemed best practicable treatment. The
				licensee must maintain a service contract with a person certified pursuant to
				06-096 CMR 517 of the Department's Rules.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 596 - OVERBOARD DISCHARGES: LICENSING AND ABANDONMENT › Section 096-596-10 - Applicability

Current through 2024-29, July 17, 2024
This chapter applies to all decisions by the Department
				  affecting the overboard discharge licenses issued on or after the effective
				  date of this chapter.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 600 - OIL DISCHARGE PREVENTION AND POLLUTION CONTROL RULES FOR MARINE OIL TERMINALS, TRANSPORTATION PIPELINES AND VESSELS › Section 096-600-1 - Preamble

Current through 2024-29, July 17, 2024
It is the purpose of this Chapter, consistent with
				  legislative policy, to provide necessary oil spill prevention and control rules
				  for all facilities and operations associated with marine oil terminals,
				  intrastate pipelines and vessels, so as to prevent discharges of oil to the
				  waters and lands of the State, to prevent other discharges of oil prohibited
				  under
Oil Discharge and Prevention Control,
38 M.R.S.
				  section 543, and to ensure proper closure of
				  terminal facilities
NOTE: This Chapter incorporates by reference certain industry
				  codes and standards. Appendix C lists those codes and standards that are
				  incorporated by reference and the specific amended date for each
				  reference.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 600 - OIL DISCHARGE PREVENTION AND POLLUTION CONTROL RULES FOR MARINE OIL TERMINALS, TRANSPORTATION PIPELINES AND VESSELS › Section 096-600-3 - Applicability

Current through 2024-29, July 17, 2024
This Chapter applies to oil terminal facilities, intrastate
				  pipelines, vessels licensed by the Department involved in lightering and
				  vessels on departure from or approach to oil terminal facilities or
				  refineries.
A.
Oil Terminal
				Facilities.
This Chapter applies to new or existing marine oil terminal
				facilities used or capable of being used to store more than 1,500 barrels of
				oil.
(1) Existing facilities. Existing
				facilities shall comply with this Chapter, unless otherwise stated in this
				Chapter.
(2) Responsibility. The
				standards set forth in this Chapter do not relieve the owner or operator from
				responsibility for compliance with other state and federal laws governing the
				safe storage and handling of oil.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 600 - OIL DISCHARGE PREVENTION AND POLLUTION CONTROL RULES FOR MARINE OIL TERMINALS, TRANSPORTATION PIPELINES AND VESSELS › Section 096-600-4 - Oil Discharges

Current through 2024-29, July 17, 2024
A.
Oil
				Discharge Reporting Procedure
. In the event of any discharge prohibited
				by
Oil Discharge Prevention and Pollution Control,
38 M.R.S.
				§
									543, the person,
				firm or corporation responsible for the discharge shall immediately undertake
				to remove such discharge as required by 38 M.R.S. §
									548. Responsibility for removal
				remains with the person, firm or corporation responsible for the illegal
				discharge. In addition to the regular procedures, the following actions must be
				taken:
(1) Telephone Report. An initial
				telephone report of any discharge must be made to the Commissioner as soon as
				practicable but within two hours. The report must include:
(a) Time of discharge;
(b) Location of discharge;
(c) Type and amount of oil;
(d) Name and telephone number of person
				making report;
(e) Actions taken to
				correct or mitigate the discharge; and
(f) Other pertinent information.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 600 - OIL DISCHARGE PREVENTION AND POLLUTION CONTROL RULES FOR MARINE OIL TERMINALS, TRANSPORTATION PIPELINES AND VESSELS › Section 096-600-5 - Vessel to Vessel Transfer Areas and Hussey Sound Limitation

Current through 2024-29, July 17, 2024
A.
Hussey Sound Limitation
. A
				tank ship or tank barge containing any oil cargo which is actually drawing 40
				or more feet may not transit Hussey sound, Casco Bay (port of Portland)
				regardless of visibility, unless it would be abeam of Soldier's Ledge Buoy
				within one-half (½) hour of the time of high tide.
B.
Vessel Transfers While at
				Anchor
. Vessel to vessel transfers must be conducted only in anchorage
				areas designated by the Department.
(1)
				Vessel to Vessel Transfer Area - Casco Bay. A tank vessel anchorage area one
				mile square is established starting at Hussey Sound Buoy 12, Lat. 43° 42'
				10" North, Long. 70° 90' 46" West (formerly Little Chebeague Island Shoal
				Buoy 6) thence one mile true North to Lat. 43° 43' 10" North, Long. 70°
				90' 46" West; thence one mile true West to Lat. 43° 43' 10" North, Long.
				70° 11' 90" West; thence one mile true South to Lat. 43° 42' 10" North,
				Long. 70° 11' 90" West; thence one mile true East to the point of
				origin.
(2) Vessel to Vessel
				Transfer Area - Penobscot Bay. The following tank vessel anchorage areas are
				established:
(a) The first area designated
				for vessel-to-vessel transfers of bulk oil in Penobscot Bay area is a circle 2
				nautical miles in diameter with the center at Latitude 44° 24' 15" North
				and Longitude 68° 55' 25" West;
(b) The second area designated for
				vessel-to-vessel transfers of bulk oil in Penobscot Bay area is a circle of one
				nautical mile in diameter with the center at Latitude 44° 25' 00" North and
				Longitude 68° 50' 45" West;
Section (5)(B) does not apply to the transfer of fuel for a
				  vessel's own use (bunkering operations).
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 600 - OIL DISCHARGE PREVENTION AND POLLUTION CONTROL RULES FOR MARINE OIL TERMINALS, TRANSPORTATION PIPELINES AND VESSELS › Section 096-600-7 - New Land Based Oil Terminal Facility Minimum Design Standards, Construction Standards and Related Measures

Current through 2024-29, July 17, 2024
A.
Prior
				Approval.
Prior approval for construction of new facilities is required
				from the Department.
B.
Aboveground Oil Storage Tanks.
(1) Design and Construction Standards.
				Aboveground oil storage tanks must be constructed of steel and meet or exceed
				one of the following design and manufacturing standards:
(a) UL-142, Standard for Steel Aboveground
				Tanks for Flammable and Combustible Liquids;
(b) API650; or
(c) API-620, Design and Construction of
				Large, Welded, Low-Pressure Storage Tanks.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 600 - OIL DISCHARGE PREVENTION AND POLLUTION CONTROL RULES FOR MARINE OIL TERMINALS, TRANSPORTATION PIPELINES AND VESSELS › Section 096-600-10 - Intrastate Pipelines

Current through 2024-29, July 17, 2024
This Chapter expressly adopts and incorporates by reference
				  the regulations concerned with or related to the safety standards and accident
				  reporting requirements for intrastate pipeline facilities used in the
				  transportation of oil in Transportation of Hazardous Liquids by Pipeline, 49
				  C.F.R. pt. 195.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 600 - OIL DISCHARGE PREVENTION AND POLLUTION CONTROL RULES FOR MARINE OIL TERMINALS, TRANSPORTATION PIPELINES AND VESSELS › Section 096-600-11 - Land Based Oil Terminal Facility Staff Training

Current through 2024-29, July 17, 2024
A. Persons directly involved in the day to
				day operations of an oil terminal facility shall be trained and experienced in
				the proper operations, procedures and required maintenance of the facility, and
				in procedures to respond to discharges of oil. Each facility shall appoint an
				individual who is responsible for oil discharge prevention and accountable for
				any oil discharge. This individual shall schedule training sessions for
				operational personnel to ensure a complete understanding of the federal Spill
				Prevention, Control and Countermeasures (SPCC) plan, OPA 90, and any applicable
				contingency plan.
B. Personnel
				directly involved in the day to day operations of an oil terminal facility
				shall be trained annually on the requirements of this Chapter.
C. Upon request of the Commissioner, records
				must be made available indicating the titles, job descriptions, and training
				summaries of those employees required to receive the training found in
				paragraph (A) above. All training records must be maintained for a minimum of 3
				years.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 600 - OIL DISCHARGE PREVENTION AND POLLUTION CONTROL RULES FOR MARINE OIL TERMINALS, TRANSPORTATION PIPELINES AND VESSELS › Section 096-600-13 - Licensing

Current through 2024-29, July 17, 2024
A.
Oil Terminal Facility
				License.
An oil terminal facility may not transfer or cause to be
				transferred or consent to the transfer of any oil unless that oil terminal
				facility holds a valid license issued by the Commissioner pursuant to
Oil Discharge Prevention and Pollution Control
,
				38 M.R.S.
				§§544 and
				545 and this Chapter, and the
				facility is in compliance with all the conditions listed on that
				license.
B.
Probable Cost
				Estimate and Preliminary Facility Closure Plan.
Any application for a
				new oil terminal facility license or a renewal license must include an estimate
				of probable facility closure cost and a preliminary facility closure plan and
				must provide evidence of the applicant's financial ability to satisfy these
				estimated costs.
C.
Liability Insurance and Documentation.
An application for a new oil
				terminal facility or a renewal license must include a certificate of insurance
				and an insurance policy in compliance with Section (9)(C)(5)(c) of this
				Chapter. After a facility is licensed, a current certificate of insurance and
				insurance policy must be provided to the Department upon request, at the
				expiration of any current liability certificate or policy, when changes to the
				policy and related certificate are made, and at renewal.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 600 - OIL DISCHARGE PREVENTION AND POLLUTION CONTROL RULES FOR MARINE OIL TERMINALS, TRANSPORTATION PIPELINES AND VESSELS › Appendix 096-600-A - SPECIFICATIONS AND REQUIREMENTS FOR VERTICAL GROUND WATER MONITORING WELLS

Current through 2024-29, July 17, 2024
1. Monitoring wells must be a minimum of 2 inches in
				  diameter.
2. The screened zone must extend at least 10 feet into the
				  water table and at least 5 feet above the ground water surface, as determined
				  at the time of installation; or when installed within a secondary containment
				  liner, the base of the well screen must extend to within 6 inches of the low
				  point of the liner.
3. The screened portion of a well outside a liner must be a
				  minimum of 15 feet in length and must be factory slotted with a slot size of
				  0.010 inch.
4. Monitoring wells must be installed with a cap at the
				  bottom of the slotted section of the well.
5. Monitoring wells must be constructed of flush joint,
				  threaded schedule 40 PVC or other types of PVC which have equivalent or greater
				  wall thicknesses.
6. Monitoring wells must be numbered such that all monitoring
				  and testing results can be easily correlated to a specific monitoring well
				  location.
7. All monitoring wells must be equipped with liquid-proof
				  lockable caps.
8. Monitoring wells must be properly distinguished from oil
				  piping using American Petroleum Institute recommended symbols.
9. The screened portion of the well must be surrounded by a
				  porous medium (e.g., sand, gravel, or pea stone).
10. The outside of the well riser must be sealed to the wall
				  of the boring using bentonite or a similar product to a depth of 1.5 feet below
				  ground surface, or to 0.5 feet above the water table, whichever is
				  shallower.
11. Monitoring wells which are located in traffic areas must
				  be cut off at ground level, clearly marked, with a raised limited access cover
				  in accordance with PEI RP100or properly protected from vehicles.
12. Any damaged monitoring well must be repaired, replaced,
				  or properly abandoned as soon as possible after discovery of the damage.
13. Monitoring wells must be installed with a boring rig
				  rather than a backhoe if they are not installed within a containment
				  liner.
14. Unless required by the Department, monitoring wells
				  within a diked area should be properly abandoned or completed in such a way to
				  prevent oil from reaching ground water via the well should a spill occur within
				  the diked area. Monitoring wells should be abandoned in accordance with the
				  Guidance for Well and Boring Abandonment, Maine Department of Environmental
				  Protection, Bureau of Remediation and Waste Management, Division of Technical
				  Services.
15. All wells completed with a riser extending aboveground
				  should be protected by a steel casing.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 600 - OIL DISCHARGE PREVENTION AND POLLUTION CONTROL RULES FOR MARINE OIL TERMINALS, TRANSPORTATION PIPELINES AND VESSELS › Appendix 096-600-B - OIL SAMPLING AND STORAGE PROCEDURE

Current through 2024-29, July 17, 2024
In general, sampling procedures must conform to the following
				  procedures in the API Manual of Petroleum Measurement Standards:
Chapter 8.1, Standard Practice for Manual Sampling of
				  Petroleum and Petroleum Products (ASTM D4057); and
Chapter 8.2, Standard Practice for Automatic Sampling of
				  Petroleum and Petroleum Products (ASTM D4177).
LABELING.
A tag or label must be attached to each collected sample.
				  Waterproof and oil proof ink or a pencil hard enough to dent the tag must be
				  used. The following information must be included on the label:
1. Name of the vessel
2. Home port of the vessel
3. Sample date and time
4. Name and signature of the sampler
5. Tank sampled
6. Oil type
7. Oil origin
8. Terminal
Whenever available, the following information also must be
				  provided:
9. API specific gravity
10. Boiling point
11. Sulfur
12. Viscosity
13. Test date
14. Testing lab
15. Analyst
STORAGE.
Samples must be subjected to storage conditions as soon as
				  possible. Storage must be in a dark, cool environment. The storage compartment
				  must be secured by lock and key with access assigned to designated personnel.
				  Samples must be stored under these conditions a minimum of (15) days. Due to
				  the potential fire hazard, adequate ventilation and other safety precautions
				  should be observed. Samples must be made available to the Commissioner upon
				  request.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 680 - TANKER ANCHORAGE RULES › Section 096-680-1 - General

Current through 2024-29, July 17, 2024
The Board of Environmental Protection, in regards to the
				  lay-up of idled tankers and tank vessels, has determined that long term lay-ups
				  of these vessels in Maine waters may be permitted when the applicant has proven
				  to the satisfaction of the Board that the proposed lay-up is:
A. Safe in all respects as determined by the
				Board of Environmental Protection.
B. Environmentally sound as determined by the
				Board of Environmental Protection.
C. That the location of the lay-up shall not
				unduly interfere with or obstruct navigable waters, traditionally harvested
				fishing grounds, or aesthetic and recreational uses of waters of the
				State.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 680 - TANKER ANCHORAGE RULES › Section 096-680-2 - Definition

Current through 2024-29, July 17, 2024
/bold> Anchorage -As applied to these regulations the word
				  "anchorage" means the mooring for a period of definite or indefinite duration
				  of a vessel designed or used to carry oil, which is not waiting for a scheduled
				  loading or unloading of cargo in Maine waters, but shall not include the
				  mooring of a vessel for bunkering, maintenance, repair or overhaul, or in
				  connection with or as a part of sea trials.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 680 - TANKER ANCHORAGE RULES › Section 096-680-3 - Exemptions

Current through 2024-29, July 17, 2024
A.
Certain routine activities.
Those vessels at anchorage awaiting assignment following a regularly scheduled
				unloading operation shall be exempt from obtaining a permit from the Board of
				Environmental Protection for the long term storage of tank vessels in State of
				Maine waters if the vessel remains fully crewed during the entire anchorage
				period that the vessel is awaiting assignment and if the vessel has no oil on
				board other than that necessary for its own use.
B.
Emergency storage.
The Board
				may exempt specific vessels from the permit requirements after it has been
				determined by the Governor through the Office of Energy Resources as provided
				for under the State Emergency Plan from the Office of Energy Resources, that an
				actual or impending petroleum product shortage is imminent for Maine.
This exemption contemplates the possible use of tank vessels
				  in times of emergency to temporarily increase the storage capacity for the
				  State when supplies are short.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 680 - TANKER ANCHORAGE RULES › Section 096-680-4 - Application

Current through 2024-29, July 17, 2024
Any person desiring to have a vessel on long term anchorage
				  (exceeding 7 days) in Maine waters shall file an application with the
				  Department of Environmental Protection, Bureau of Hazardous Materials and Solid
				  Waste Control; the Bureau shall relay the application to the Board of
				  Environmental Protection.
The application shall contain:
A. the identity of the applicant;
B. name of the vessel or vessels desiring
				anchorage;
C. flag of
				registry;
D.the size and type of
				the vessel including: length, beam, draft and deadweight tonnage;
E.a brief description of the propulsion and
				generating machinery on board the vessel along with a crew list that indicates
				the number of men and their qualifications that are normally required on board
				the vessel that ensure proper operation during periods when the vessel is being
				used for routine transportation and transfer of oil;
F. age of the vessel and place it was
				built;
G.owner of the vessel or
				vessels;
H.agent or local
				representative for the vessel; and
I. a complete contingency plan for the
				proposed area.
The applicant must also cause public notice of the
				  application along with a brief summary to be published in a paper of general
				  circulation in the vicinity of the proposed activity and provide other
				  information to the public that the board may require.
This brief summary shall include but not be limited to: the
				  size of the vessels, the proposed period of lay-up and the location of the
				  lay-up using local terms and local landmarks to describe the proposed
				  location.
The board shall, within thirty (30) days of receipt of such
				  application, issue a license or deny a license giving the reasons therefore or
				  order a public hearing thereon. Any applicant denied a license without a
				  hearing may request in writing, within thirty (30) days after notice of denial,
				  a hearing before the board. Such request shall set forth in detail the findings
				  to which the applicant objects, the basis of such objection and the nature of
				  the problem requested. Notice of the time and place of any hearing shall be
				  given to the applicant and the public within ten (10) days of the
				  hearing.
The board shall attempt to coordinate all hearings and other
				  matters pertaining to vessel lay-up with the United States Coast Guard whenever
				  possible in an attempt to avoid unnecessary duplication for the
				  applicant.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 680 - TANKER ANCHORAGE RULES › Section 096-680-5 - Requirements

Current through 2024-29, July 17, 2024
The Board of Environmental Protection requires that the
				  applicant submit in writing, along with the application, a comprehensive
				  proposal for the lay-up of tankers or tank vessels singly or in nests. This
				  proposal will identify the party responsible for the vessel or vessels in
				  lay-up.
This proposal shall include plans for safe and pollution-free
				  lay-up. The plans shall include, but not be limited to:
A. The specific location, duration, and type
				of anchorage.
B. Provisions
				assuring that the cargo tanks, adjacent cofferdams, ballast tanks, pumping
				rooms, cargo piping systems, and cargo venting arrangements are thoroughly
				clean, gas-free, and will be maintained gas-free. Initial gas-free
				certification shall be made by a licensed marine chemist.1 Thereafter, gas-free status shall be
				checked weekly by a licensed marine chemist until condition is stabilized,
				after which intervals may be lengthened.
C. Evidence of financial responsibility
				required by the Federal Water Pollution Control Act, and evidence of suitable
				liability insurance for each vessel.
D. Specifications, reviewed and approved by a
				marine surveyor2 qualified
				in the class of vessel, as to size and scope of chain, number and size of
				anchors to be used dependent on freeboard, depth of water, type of bottom
				holding ground and extreme climatic tidal and current conditions in the area.
				In areas of doubtful holding ground, a statement of a geologist based on test
				borings may be required. A minimum of 5 feet under-keel clearance must be
				assured at extreme low tides. Vessels over 30,000 DWT shall be anchored or
				moored both fore and aft.
E. If the
				laid up vessel is to be moored to a waterfront facility, certification by a
				qualified marine surveyor that the facility and all dolphins and other
				shoreside mooring fittings, and the number, size, arrangement, and condition of
				mooring lines are safe and capable of holding the vessel secure, taking into
				account freeboard, draft and extreme climatic tidal and current conditions in
				the area.
F. The systems and
				precautions necessary for safety on each vessel, including:.
(1) contingency plans for heavy
				weather;
(2) contingency plans for
				fire fighting;
(3) contingency
				plans for tug boats;
(4)
				contingency plans for emergency evacuation of crews;
(5) plans for safe fendering; and
(6) assurance that prescribed navigation
				lights and shapes will be displayed at appropriate times.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 680 - TANKER ANCHORAGE RULES › Section 096-680-6 - Time Limits

Current through 2024-29, July 17, 2024
The policy of the Board of Environmental Protection is that
				  the storage of tankers or tank vessels in Maine waters is an emergency or
				  temporary situation, therefore the board shall place strict time limits on any
				  approved lay-up.
A.
Terms of
				Permit
(1) The board shall issue a
				permit for a period not to exceed three (3) months.
(2) This three month period may be renewed
				five (5) additional times after the initial permit for a maximum total of
				eighteen (18) months after which the vessel must leave the waters of the State
				of Maine.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 680 - TANKER ANCHORAGE RULES › Section 096-680-7 - Variances

Current through 2024-29, July 17, 2024
The board may authorize a variance to any of the
				  aforementioned regulations upon request by the applicant and after the board
				  has made a determination that the regulation is impractical to his proposed
				  lay-up. Any variances voted by the board shall become a part of the
				  permit.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 685 - PAYMENT AND REIMBURSEMENT OF OIL TRANSFER FEES › Section 096-685-1 - Purpose

Current through 2024-29, July 17, 2024
This chapter sets forth the procedure for paying the fees
				  imposed on the transfer and transport of oil under
				  38
				  M.R.S. §551, sub-§
									4. Oil terminal licensees and
				  registered oil transporters are required to pay these fees monthly. The revenue
				  from the fees is deposited in the Maine Ground and Surface Waters Clean-up and
				  Response Fund for use by the Department in preventing and cleaning up oil
				  discharges.