Maine Revised Statutes
Subchapter 2-B: OIL STORAGE FACILITIES AND GROUND WATER PROTECTION
38 §561. Findings; purpose

§561. Findings; purpose
The Legislature finds that significant quantities of oil are being stored in aboveground and underground storage facilities; that leaks and unlicensed discharges from these facilities pose a significant threat to the quality of the waters of the State, including the ground water resources; that protection of the quality of these waters is of the highest importance; and that their protection requires proper design and installation of new and replacement underground oil storage facilities and aboveground oil storage facilities, as well as monitoring, maintenance and operating procedures for existing, new and replacement facilities.   [PL 2009, c. 121, §9 (AMD).]
The Legislature intends by the enactment of this subchapter to exercise the police power of the State through the department by conferring upon the department the power to deal with the hazards and threats of danger and damage posed by the storage and handling of oil and related activities; to require the prompt containment and removal of pollution occasioned thereby; to provide procedures whereby persons suffering damage from these occurrences may be promptly made whole; to establish a fund to provide for the investigation, mitigation and removal of discharges or threats of discharge of oil from storage facilities, including the restoration of contaminated water supplies; and to guarantee the prompt payment of reasonable damage claims resulting therefrom.   [PL 2009, c. 121, §9 (AMD).]
The Legislature further finds that preservation of the ground water resources and of the public uses referred to in this subchapter is of grave public interest and concern to the State in promoting its general welfare, preventing disease, promoting health and providing for the public safety and that the State's interest in this preservation outweighs any burdens of absolute liability imposed by the Legislature in this subchapter upon those engaged in the storage of oil, petroleum products and their by-products.   [PL 2009, c. 121, §9 (AMD).]
SECTION HISTORY
PL 1985, c. 496, §A14 (NEW). PL 1989, c. 890, §§A40,B129 (AMD). PL 1995, c. 399, §5 (AMD). PL 1995, c. 399, §21 (AFF). PL 2009, c. 121, §9 (AMD).

Structure Maine Revised Statutes

Maine Revised Statutes

TITLE 38: WATERS AND NAVIGATION

Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS

Subchapter 2-B: OIL STORAGE FACILITIES AND GROUND WATER PROTECTION

38 §561. Findings; purpose

38 §562. Definitions (REPEALED)

38 §562-A. Definitions

38 §563. Registration and inspection of underground oil storage tanks and piping

38 §563-A. Prohibition of nonconforming underground oil storage facilities and tanks

38 §563-B. Regulatory powers of department

38 §563-C. Prohibition on siting new underground oil storage facilities near drinking water supplies (REPEALED)

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

38 §565. Regulation of underground oil storage facilities used for consumption on the premises or by the owner or operator

38 §565-A. Authority to prohibit product delivery

38 §566. Abandonment of underground oil storage facilities and tanks (REPEALED)

38 §566-A. Abandonment of underground oil storage facilities and tanks

38 §567. Certification of underground tank installers

38 §567-A. Certifications

38 §568. Cleanup and removal of prohibited discharges

38 §568-A. Fund coverage requirements

38 §568-B. Clean-up and Response Fund Review Board created

38 §569. Ground Water Oil Clean-up Fund (REPEALED)

38 §569-A. Ground Water Oil Clean-up Fund (REPEALED)

38 §569-B. Ground Water Oil Clean-up Fund (REPEALED)

38 §569-C. Limited exemption from liability for state or local governmental entities

38 §570. Liability

38 §570-A. Budget approval (REPEALED)

38 §570-B. Personnel and equipment (REPEALED)

38 §570-C. Municipal ordinances; powers limited

38 §570-D. Transition

38 §570-E. Legislative review (REPEALED)

38 §570-F. Special provisions

38 §570-G. Construction

38 §570-H. Report; adequacy of fund (REPEALED)

38 §570-I. Budget approval

38 §570-J. Personnel and equipment

38 §570-K. Aboveground oil storage facilities

38 §570-L. Budget approval; aboveground tanks program

38 §570-M. Prohibition on adding water to well

38 §570-N. Rules; wastewater treatment tank systems