Sec. 10. 38 MRSA §564, sub-§3, as repealed and replaced by PL 1991, c. 66, Pt. B, §6, is repealed.

Sec. 11. 38 MRSA §569-A, sub-§2, ¶I, as enacted by PL 1991, c. 817, §26, is amended to read:

I. A responsible party claimant is not eligible for compensation under this subsection for costs, expenses or damages related to the specific a discharge for which the if the commissioner determines that the claimant is a responsible party is deemed responsible as defined under section 562-A, subsection 17.

Sec. 12. 38 MRSA §569-A, sub-§2, ¶L is enacted to read:

L.__The commissioner may dismiss a 3rd-party damage claim for untimely filing, for failure by the claimant to provide the information necessary to process the claim within 60 days after the claimant receives written notice that the claim is insufficient for processing or for ineligibility as determined by the commissioner under paragraph I.__A dismissal may be appealed to Superior Court in accordance with Title 5, chapter 375, subchapter 7.

Sec. 13. 38 MRSA §570-K, sub-§5, as amended by PL 2003, c. 245, §19, is further amended to read:

5. Spill prevention and control. An aboveground oil storage facility used in the marketing and distribution of oil to others must be operated in compliance with the federal requirements for the preparation and implementation of spill prevention control and countermeasure plans under 40 Code of Federal Regulations, 112 in effect on April 17, 2003. Failure to comply with those federal requirements in accordance with the deadlines set by the United States Environmental Protection Agency constitutes a violation of this Title. If the department believes that a facility's plan does not satisfy those federal requirements, the department shall request an opinion from the United States Environmental Protection Agency as to the legal adequacy of the plan and any amendment necessary to bring the facility into compliance with those federal requirements. The department shall prepare educational and technical materials for use by facilities affected by this subsection. This subsection is repealed October 1, 2005 2010.