| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 38 MRSA §551, sub-§4-A is enacted to read: |
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| | 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. |
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| | Sec. 2. 38 MRSA §564, sub-§2-A, ¶H, as amended by PL 1993, c. 732, Pt. | A, §2, is further amended to read: |
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| H. Reporting to the commissioner any of the following | indications of a possible leak or discharge of oil: |
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| (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; |
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| (2) Unexplained losses detected through statistical | analysis of inventory records; |
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| (3) Detection of product in a monitoring well or by | other leak detection methods; |
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| (4) Failure of a tank or piping precision test, | hydrostatic test or other tank or piping tightness test | approved by the department; and |
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| (5) Discovery of oil off site on or under abutting | properties, including nearby utility conduits, sewer | lines, buildings, drinking water supplies and soil. |
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| 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; |
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| | 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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