The department may not grant a variance from the provisions of paragraph A, B or, C or D. Areas are not considered "naturally internally drained" if surface discharge is impeded through the use of structures such as detention ponds, retention ponds and undersized culverts.

Sec. 5. 38 MRSA §551, sub-§1-B, as amended by PL 2003, c. 137, §1, is further amended to read:

1-B. Research and development. The Legislature may allocate not more than $250,000 per annum of the amount currently in the fund to be devoted to research and development in the causes, effects and removal of pollution caused by oil, petroleum products and their by-products on the marine environment. Researchers receiving funds under this subsection shall use vessels based in this State as platforms when practicable. Such allocations must be made in accordance with section 555. This subsection takes effect July 1, 1996.

Sec. 6. 38 MRSA §563-C, sub-§2, as enacted by PL 2001, c. 302, §1, is amended to read:

2. Exemptions. The prohibitions in subsection 1 do not apply to:

A. Replacement or expansion of a facility registered and installed on or before September 30, 2001, provided the replacement or expansion occurs on the same property and the owner or operator continues to pay the annual registration fee as required under section 563. Failure to pay the annual fee disqualifies a facility from being considered exempt under this section;

B. Conversion of an aboveground oil storage facility registered permitted by the Department of Public Safety, Office of the State Fire Marshal and installed on or before September 30, 2001 to an underground oil storage facility, provided the conversion occurs on the same property;

C. A facility used solely for the storage of heating oil that is consumed on site;

D. Underground piping associated with an aboveground oil storage facility; or