LD 1625
pg. 1
LD 1625 Title Page An Act to Clarify Certain Laws Administered by the Department of Environmental ... Page 2 of 6
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LR 941
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 38 MRSA §551, sub-§4-A is enacted to read:

 
4-A.__Penalty for late payment of fees.__Fees assessed under
subsection 4 are due to the department on or before the last day
of the month immediately following the month in which the oil was
transferred or first transported in State.__Licensees or
registrants who fail to pay the fee by that date shall pay an
additional amount equal to 10% of the amount assessed under
subsection 4.

 
Sec. 2. 38 MRSA §564, sub-§2-A, ¶H, as amended by PL 1993, c. 732, Pt.
A, §2, is further amended to read:

 
H. Reporting to the commissioner any of the following
indications of a possible leak or discharge of oil:

 
(1) Unexplained differences in daily inventory
reconciliation values that, over a 30-day period,
exceed 1.0% of the product throughput or 200 gallons,
whichever is less;

 
(2) Unexplained losses detected through statistical
analysis of inventory records;

 
(3) Detection of product in a monitoring well or by
other leak detection methods;

 
(4) Failure of a tank or piping precision test,
hydrostatic test or other tank or piping tightness test
approved by the department; and

 
(5) Discovery of oil off site on or under abutting
properties, including nearby utility conduits, sewer
lines, buildings, drinking water supplies and soil.

 
The rules may not require the reporting of a leak or
discharge of oil above ground of 10 gallons or less that
occurs on the premises, including, but not limited to,
spills, overfills and leaks, when those leaks or discharges
do not reach ground water or surface waters of the State and
are cleaned up within 24 hours of discovery, if a written
log is maintained at the facility or the owner's place of
business in this State. For each discharge the log must
record the date of discovery, its source, the general
location of the discharge at the facility, the date and
method of cleanup and the signature of the facility owner or
operator certifying the accuracy of the log;

 
Sec. 3. 38 MRSA §566-A, sub-§4, as amended by PL 1991, c. 817, §20, is
further amended to read:


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