Maine § 38 §563 Registration and inspection of underground oil storage tanks and piping

Maine Statutes

§ 38 §563 — Registration and inspection of underground oil storage tanks and piping

Maine·Title 38 WATERS AND NAVIGATION·Ch. 3 PROTECTION AND IMPROVEMENT OF WATERS

1.Prohibition on unregistered tanks. The following prohibition on unregistered tanks applies.

2.Information required for registration. The owner or operator of an underground oil storage facility shall provide the commissioner with the following information on a form in triplicate to be developed and provided by the commissioner; one copy to be submitted to the commissioner, one copy to be promptly submitted upon completion to the municipality and one copy to be retained by the owner or operator:

3.Amended registration required. The owner or operator of an underground oil storage facility shall file an amended registration form with the commissioner immediately upon any change in the information required pursuant to subsection 2, including any modifications to the facility or a change o

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1.
Prohibition on unregistered tanks.
The following prohibition on unregistered tanks applies.
2.
Information required for registration.
The owner or operator of an underground oil storage facility shall provide the commissioner with the following information on a form in triplicate to be developed and provided by the commissioner; one copy to be submitted to the commissioner, one copy to be promptly submitted upon completion to the municipality and one copy to be retained by the owner or operator:
3.
Amended registration required.
The owner or operator of an underground oil storage facility shall file an amended registration form with the commissioner immediately upon any change in the information required pursuant to subsection 2, including any modifications to the facility or a change of ownership. The board may establish, by rule, a late registration period not to exceed 10 business days in duration. A fee may not be charged for filing an amended registration.
4.
Registration fees.
The owner or operator of an underground oil storage facility shall pay a fee to the department of $100 for each tank registered under this section located at the facility, except that single family homeowners are not required to pay a fee for a tank at their personal residence. The fee must be paid at the time the tank is first registered and every 3 years thereafter upon receipt of a bill from the department. The department may prorate the fee as appropriate.
5.
Penalty for failure to submit amended registration.
Any person who has not submitted an amended registration form in accordance with subsection 3 shall pay a late fee of $100. This does not preclude the commissioner from seeking civil penalties from any person who fails to register a facility or tank.
6.
Providing notice.
Prior to the sale or transfer of any real estate where an underground oil storage facility is located, the owner of the real estate shall file a written notice with the purchaser or transferee. The notice must disclose the existence of the underground oil storage facility, its registration number or numbers, the real estate where the facility is located, whether or not the facility has been abandoned in place pursuant to section 566‑A and that the facility is subject to regulation, including registration requirements, by the department under this subchapter.
7.
Supplier notification requirement.
Any person who sells a tank intended to be used as an underground oil storage tank shall notify the purchaser in writing of the purchaser's obligations under this section.
8.
Certification of proper installation.
Owners of new and replacement facilities shall ensure that the installer provides certification to the commissioner, within 30 days of completion of installation, that the materials and methods used comply with the applicable installation standards of this subchapter.
9.
Annual compliance inspection.
The owner of an underground oil storage facility is responsible for ensuring that each underground oil storage tank and associated piping at the facility are inspected annually for compliance with the requirements of this subchapter and any rules adopted under this subchapter and the requirements for gasoline vapor control in rules adopted under section 585‑A. The owner shall correct or arrange for correction of any deficiencies detected during the inspection as necessary to bring the facility into compliance with these requirements.
10.
Aboveground oil storage tanks with underground piping.
An owner of an aboveground oil storage tank with underground piping is subject to the requirements of this subsection.

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Legislative History

PL 1985, c. 496, §A14 (NEW). PL 1985, c. 626, §2 (AMD). PL 1987, c. 402, §A199 (AMD). PL 1987, c. 491, §§6-9 (AMD). PL 1989, c. 865, §§3-7 (AMD). PL 1989, c. 890, §§A40,B131- 135 (AMD). PL 1991, c. 66, §§A22-24 (AMD). PL 2001, c. 231, §17 (AMD). PL 2001, c. 626, §§12,13 (AMD). PL 2005, c. 491, §1 (AMD). PL 2007, c. 534, §§1, 2 (AMD). PL 2007, c. 655, §4 (AMD). PL 2009, c. 121, §10 (AMD). PL 2011, c. 206, §14 (AMD).