Sec. 1. 38 MRSA §563-C, sub-§2, ¶¶D and E, as enacted by PL 2001, c. 302, §1, are amended to read:

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

E. A well located on the same property as a facility and serving only users on that property.;

Sec. 2. 38 MRSA §563-C, sub-§2, ¶¶F and G are enacted to read:

F.__A private well located more than 75 feet from a proposed facility when public water is available to replace the well and the applicant installs monitoring wells around the facility and installs and monitors them in accordance with good engineering practices; or

G.__A private well located more than 75 feet from a proposed facility when the facility owner agrees to pay for the replacement or remediation of the well in the event the well is contaminated by a release from the facility.

SUMMARY

This bill permits underground oil storage facilities within 75 feet of a private well when public water is available to replace the well and the facility installs monitoring devices around the facility, or when the facility owner agrees to pay for replacement or remediation of the well in the event of contamination by a release from the facility.