§ 38 §563-A — Prohibition of nonconforming underground oil storage facilities and tanks

1.
Compliance schedule.
Except as provided in subsections 1‑A and 1‑B, a person may not operate, maintain or store oil in a registered underground oil storage facility or tank that is not constructed of fiberglass, cathodically protected steel or other noncorrosive material approved by the department after:
1-A.
Compliance schedule for municipalities and school administrative units.
A municipality or school administrative unit may not operate, maintain or store oil in a registered underground oil storage facility or tank that is not constructed of fiberglass, cathodically protected steel or other noncorrosive material approved by the department after:
1-B.
Exception.
Airport aviation fuel hydrant piping systems are exempt from the schedule in subsection 1 provided that corrosion-induced leaks have not occurred and the system is not located in a sensitive geologic area. Owners and operators of airport aviation fuel hydrant piping systems must meet all applicable requirements of section 564 and of this subchapter.
1-C.
Extension.
The removal requirement for an underground oil storage tank or facility prescribed in subsection 1 is extended 12 months if, prior to the removal date prescribed in subsection 1, a person required to remove an underground oil storage facility or tank:
1-D.
Prohibition on delivery.
Effective May 1, 2002, a person may not deliver oil to an underground oil storage tank identified by the department as in violation of subsection 1 or 1‑A through the publication of a list of such nonconforming tanks. The department may revise the list as new information becomes available and shall take reasonable steps, such as targeted mailings and posting of information on the Internet, to disseminate the list of nonconforming tanks to persons in the oil delivery business.
2.
Consideration of sensitive geological areas.
For the purposes of this section, an underground oil storage facility is not subject to subsection 1, paragraph A, regarding sensitive geological areas if the commissioner finds that:
3.
Violations.
After reasonable notice and hearing, if the commissioner finds that an owner of an underground oil storage facility has failed to correct any violations of this subchapter, the commissioner may impose on the owner a schedule that provides for the early application of any or all of the prohibitions contained in subsection 1.
4.
Presumption of age.
If the age of the underground oil storage facility or tank cannot be determined, it shall be presumed to be 20 years old as of October 1, 1989.
5.
Abandonment.
All underground oil storage facilities subject to the prohibitions in this section and section 563, subsection 1, shall be properly abandoned in accordance with section 566‑A prior to the applicable prohibition dates.
6.
Rules.
The board may adopt rules necessary to administer this section.
7.
Report to Legislature.
The commissioner shall report to the joint standing committee of the Legislature having jurisdiction over natural resources on or before January 1, 1989, on the progress made toward achieving the compliance schedule established by this section.
8.
Repaired concrete underground oil storage tanks.
The requirements of subsection 1 do not apply to underground oil storage tanks that are constructed primarily of concrete and that:

Legislative History

PL 1987, c. 491, §10 (NEW). PL 1989, c. 865, §8 (AMD). PL 1989, c. 890, §§A40,B136 (AMD). PL 1989, c. 926, §§2,3 (AMD). PL 1991, c. 9, §§II6,7 (AMD). PL 1991, c. 66, §B2 (AMD). PL 1991, c. 433, §1 (AMD). PL 1991, c. 494, §2 (AMD). PL 1997, c. 167, §1 (AMD). PL 1999, c. 640, §1 (AMD). PL 2001, c. 231, §18 (AMD).