Maine § 38 §564 Regulation of underground oil storage facilities used to store motor fuels or used in the marketing and distribution of oil

Maine Statutes

§ 38 §564 — Regulation of underground oil storage facilities used to store motor fuels or used in the marketing and distribution of oil

Maine § 38 §564

Title 38WATERS AND NAVIGATION

Ch. 3PROTECTION AND IMPROVEMENT OF WATERS

This text of Maine § 38 §564 (Regulation of underground oil storage facilities used to store motor fuels or used in the marketing and distribution of oil) is published on Counsel Stack Legal Research, covering Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Me. Rev. Stat. tit. 38, § 38 §564 (2026).

Text

The department shall adopt rules necessary to minimize, to the extent practicable, the potential for discharges of oil from underground oil storage facilities and tanks used to store motor fuel or used in the marketing and distribution of oil to others. These rules must ensure that requirements and standards governing facilities under this section assure that the State's program meets requirements under the United States Resource Conservation and Recovery Act of 1976, Subtitle I, as amended. These rules are limited to the following requirements.

1.Design and installation standards for new and replacement facilities. Design and installation standards for new and replacement facilities are as follows. 1-A. Leak detection standards and procedures for existing facilities. Facility owners shal

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The department shall adopt rules necessary to minimize, to the extent practicable, the potential for discharges of oil from underground oil storage facilities and tanks used to store motor fuel or used in the marketing and distribution of oil to others. These rules must ensure that requirements and standards governing facilities under this section assure that the State's program meets requirements under the United States Resource Conservation and Recovery Act of 1976, Subtitle I, as amended. These rules are limited to the following requirements.
1.
Design and installation standards for new and replacement facilities.
Design and installation standards for new and replacement facilities are as follows.
1-A.
Leak detection standards and procedures for existing facilities.
Facility owners shall implement one of the leak detection methods listed in this subsection or properly abandon a facility in accordance with section 566‑A. The leak detection system must be capable of detecting a leak within 30 days with a probability of detection of 95%. Facility owners shall retrofit leak detection for facilities with pressurized piping by December 1, 1990, and facilities with suction piping by December 1, 1991. Leak detection methods are as follows:
1-B.
Overfill and spill prevention equipment.
Overfill and spill prevention equipment is required for all new, replacement and existing facilities. A phase-in schedule for existing facilities to meet this requirement is as follows.
2.
Monitoring, maintenance and operating procedures for existing, new and replacement facilities and tanks.
2-A.
Monitoring, maintenance and operating procedures for existing, new and replacement facilities and tanks.
The department's rules must require:
3.
Replacement of tanks at facilities where leaks have been detected.
4.
Sampling of monitoring wells.
When a monitoring well is installed at an underground oil storage facility storing motor fuel or used for the marketing and distribution of oil, the owner or operator is required to sample that well at least weekly; to maintain records of all sampling results at the facility or at the facility owner's place of business; and to report to the commissioner any sampling results showing evidence of a possible leak or discharge of oil.
5.
Mandatory facility replacement.
Upon the expiration date of a manufacturer's warranty for a tank, the tank and its associated piping must be removed from service and properly abandoned in accordance with section 566‑A, except that a double-walled tank may continue in service beyond the expiration of the warranty if:
6.
Retrofit of existing underground tanks.
The department's rules must allow a person to retrofit a single-walled underground oil storage tank with secondary containment as long as the retrofitted tank complies with Underwriters Laboratories Subject 1316 or 1856 and interstitial monitoring of the retrofitted tank is equal to or greater than interstitial monitoring of a new tank. The department shall require a site assessment of an underground oil storage facility when a tank is retrofitted in accordance with this subsection.

Legislative History

PL 1985, c. 496, §A14 (NEW). PL 1985, c. 626, §§3,4 (AMD). PL 1987, c. 402, §A200 (AMD). PL 1987, c. 491, §11 (AMD). PL 1989, c. 312, §17 (AMD). PL 1989, c. 593, §1 (AMD). PL 1989, c. 865, §10 (AMD). PL 1989, c. 890, §§A40,B137-141 (AMD). PL 1991, c. 66, §§B3-7 (AMD). PL 1991, c. 494, §§3-6 (AMD). PL 1991, c. 763, §§4,5 (AMD). PL 1993, c. 355, §14 (AMD). PL 1993, c. 732, §§A2,3 (AMD). PL 1995, c. 493, §10 (AMD). PL 1997, c. 624, §3 (AMD). PL 2003, c. 551, §§11-13 (AMD). PL 2009, c. 319, §§5-7 (AMD). PL 2011, c. 276, §1 (AMD). PL 2011, c. 317, §1 (AMD). PL 2015, c. 361, §1 (AMD). PL 2017, c. 333, §§3-6 (AMD). PL 2023, c. 16, §1 (AMD).