Sec. 6. 38 MRSA §570, first ¶, as amended by PL 1999, c. 278, §4, is further amended to read:

The intent of this subchapter is to provide the means for rapid and effective cleanup and to minimize direct and indirect damages and the proliferation of 3rd-party claims. Accordingly, each responsible party is jointly and severally liable for all disbursements made by the State pursuant to section 569-A, subsection 8, paragraphs B, D, E, H and J, or other damage incurred by the State, except for costs found by the commissioner to be eligible for coverage under the fund. The term "other damages," as used in this paragraph, includes interest computed at 15% a year from the date of expenditure and damage for injury to, destruction of, loss of or loss of use of natural resources and the reasonable costs of assessing natural resources damage. The commissioner shall demand reimbursement of costs and damages paid by the department from state or federal funds except for amounts that are eligible for coverage by the fund under this subchapter as provided under section 569-A, subsection 10. Payment must be made promptly by the responsible party or parties upon whom the demand is made. If payment is not received by the State within 30 days of the demand, the Attorney General may file suit in the Superior Court and, in addition to relief provided by other law, may seek punitive damages as provided in section 568. Notwithstanding the time limits stated in this paragraph, neither a demand nor other recovery efforts against one responsible party may relieve any other responsible party of liability.

Sec. 7. 38 MRSA §570, first ¶, as amended by PL 1999, c. 278, §5, is further amended to read:

The intent of this subchapter is to provide the means for rapid and effective cleanup and to minimize direct and indirect damages and the proliferation of 3rd-party claims. Accordingly, each responsible party is jointly and severally liable for all disbursements made by the State pursuant to section 569-B, subsection 5, paragraphs B, D, E and G or other damage incurred by the State, including interest computed at 15% a year from the

date of expenditure, and damage for injury to, destruction of, loss of or loss of use of natural resources and the reasonable costs of assessing natural resources damage. The commissioner shall demand reimbursement of costs and payment of damages paid by the department from state or federal funds to be recovered under this section as provided under section 569-A, subsection 10 and payment must be made promptly by the responsible party or parties upon whom the demand is made. If payment is not received by the State within 30 days of the demand, the Attorney General may file suit in the Superior Court and, in addition to relief provided by other law, may seek punitive damages as provided in section 568. Notwithstanding the time limits stated in this paragraph, neither a demand nor other recovery efforts against one responsible party may relieve any other responsible party of liability.

Sec. 8. 38 MRSA §570-K, sub-§4, as enacted by PL 1993, c. 363, §17 and affected by §21, is amended to read:

4. Exemption. The following aboveground oil storage facilities are exempt from the requirements of this section subsections 2 and 3:

A. Facilities or portions of facilities that are used exclusively for the storage of #2 and other home heating oil and consist of an individual tank of 660 gallons or less capacity or an aggregate tank capacity of 1320 gallons or less; and

B. Facilities containing only liquefied petroleum gas or liquefied natural gas.

Sec. 9. 38 MRSA §570-K, sub-§5 is enacted to read:

5.__Spill prevention and control.__An aboveground oil storage facility must be operated in compliance with the federal requirements for preparation and implementation of spill prevention control and countermeasure plans, 40 Code of Federal Regulations, 112 (2001).__Failure to comply with these federal regulations or with the certification requirement under Title 37- B, section 797, subsection 9, constitutes a violation of this Title.__When the department proposes to require an amendment to a plan pursuant to 40 Code of Federal Regulations, 112.4(e) (2001) that the owner or operator believes is not required under federal law, the department shall consult with the United States Environmental Protection Agency regarding the applicable federal requirement.

SUMMARY

The purpose of this bill is to eliminate avoidable and inappropriate disbursements from the state Ground Water Oil Clean-up Fund by:

1. Improving compliance with state and federal regulatory requirements that reduce the risk of spills from aboveground oil storage tanks; and

2. Authorizing reimbursement to the Ground Water Oil Clean-up Fund of spill clean-up costs that are covered by private insurance required under the federal Motor Carrier Act.

Under this bill, owners of aboveground oil storage facilities are required to certify, on the annual chemical inventory reporting form submitted to the Maine Emergency Response Commission, that underground piping at the facility meets existing state regulatory requirements and that the facility meets existing federal regulatory requirements for preparation and maintenance of a spill prevention control and countermeasure plan. The latter requirements are incorporated into state law so that they can be enforced by the Department of Environmental Protection.

This bill also requires the Department of Environmental Protection to consult with the United States Environmental Protection Agency when requiring the owner or operator of an aboveground oil storage facility to amend its spill prevention control and countermeasure plan if the owner or operator believes that the amendment is not required by federal law.