B. The municipality has adopted a site plan review ordinance. In determining the adequacy of the ordinance, the commissioner may consider model site plan review ordinances commonly used by municipalities in this State that address the issues reviewed under applicable provisions of this article prior to July 1, 1997;

C. The municipality has adopted subdivision regulations. In determining the adequacy of these regulations, the commissioner may consider model subdivision regulations commonly used by municipalities in this State; and

D. The State Planning Office has determined that the municipality has a comprehensive land use plan and land use ordinances or zoning ordinances that are consistent with Title 30-A, chapter 187 in providing for the protection of wildlife habitat, fisheries, unusual natural areas and archaeological and historic sites.

The department, in consultation with the State Planning Office, shall publish a list of those municipalities determined to have capacity pursuant to this subsection. This list need not be established by rule and must be published by January 1, 1997 1st of each year. The list must specify whether a municipality has capacity to review structures or subdivisions of lots for single- family, detached, residential housing, common areas or open space or both types of development. The department may recognize joint arrangements among municipalities and regional organizations in determining whether the requirements of this subsection are met. On and after January 1, 2003, the department shall presume and publish that each municipality with a population of 5,000 or more, as measured by the United States Census of the year 2000, has capacity as provided in this subsection. The department may review municipalities that are determined or presumed to have capacity pursuant to this subsection for compliance with the criteria in paragraphs A to D, and if the department determines that a municipality does not meet the criteria, the department may modify or remove the determination of capacity.

A modification to a development that was reviewed by a municipality and exempted pursuant to this subsection is exempt as long as the modification will not cause the total area of the

development to exceed the maximum acreage specified in this subsection for that type of development or, based upon information submitted by the municipality concerning the development and modification, the department determines that the modification may be adequately reviewed by the municipality.

Sec. 4. 38 MRSA §563, sub-§1, ķA, as affected by PL 1989, c. 890, Pt. A, §40 and as amended by Pt. B, §131, is further amended to read:

A. No A person may not install, or cause to be installed, a new or replacement underground oil storage facility without first having registered the facility with the commissioner in accordance with the requirements of subsection 2, and having paid the registration fee in accordance with the requirements of subsection 4, at least 5 10 business days prior to installation. If compliance with this time requirement is impossible due to an emergency situation, the owner or operator of the facility at which the new or replacement facility is to be installed shall inform the commissioner as soon as the emergency becomes known.

The owner or operator of the facility shall also promptly submit upon completion a copy of the registration form to the fire department in whose jurisdiction the underground tank will be located.

The owner or operator shall make available a copy of the facility's registration at that facility for inspection by the commissioner and authorized municipal officials.

Sec. 5. 38 MRSA §563, sub-§2, as repealed and replaced by PL 1991, c. 66, Pt. A, §22, is amended to read:

2. Information required for registration. The owner or operator of an underground oil storage facility shall provide the commissioner with the following information on a form in triplicate to be developed and provided by the commissioner; one copy to be submitted to the commissioner, one copy to be promptly submitted upon completion to the fire department in whose jurisdiction the underground tank is located municipality and one copy to be retained by the owner or operator:

A. The name, address and telephone number of the owner of the underground oil storage tank to be registered;

B. The name, address and telephone number of the person having responsibility for the operation of the tank to be registered;

C. The location of the facility shown on a United States Geological Survey topographic map for facilities located in rural areas or in relation to the nearest intersection for facilities located in urban areas and the location of the tank or tanks at that facility as necessary to determine if the facility meets the siting restrictions under section 563-C;

D. Whether the location of any tank at the facility is within 1,000 feet of a public drinking water supply or within 300 feet of a private drinking water supply;

E. The size of the tank to be registered;

F. The type of tank or tanks and piping at the facility and the type of product stored or contained in the tank or tanks and piping;

G. For new, replacement or retrofitted facilities, the name of the installer, the expected date of installation or retrofit, the nature of any emergency pursuant to subsection 1, paragraph A, if applicable, and a description or plan showing the layout of the facility or tank, including the form of secondary containment, other forms of leak detection or equipment to be installed pursuant to section 564, subsection 1, paragraph A and, when applicable, the method of retrofitting leak detection pursuant to section 564, subsection 1 or 1-A;

H. For existing facilities and tanks, the best estimate of the age and type of tank or tanks at the facility; and

I. Expiration date of tank manufacturer's warranty.

The owner or operator shall comply with the requirements of paragraph C by January 1, 1991.

Sec. 6. 38 MRSA §566-A, sub-§5, as amended by PL 1991, c. 817, §21, is further amended to read:

5. Qualified personnel. All abandoned facilities and tanks used for the storage of Class 1 liquids that require removal must be removed under the direct, on-site supervision of an underground oil storage tank installer certified pursuant to Title 32, chapter 104-A, or of certified fire-fighting personnel, except for underground gasoline storage tanks removed pursuant to subsection 6. The Board of Underground Oil Storage Tank Installers may examine and upon passage of the examination the commissioner may certify fire-fighting personnel to supervise the removal of Class 1 underground oil storage facilities upon

passage of the examination for an underground gasoline storage tank remover. Fire-fighting personnel may only supervise the removal of an underground facility or tank:

A. Within the municipality with which they are affiliated or within the jurisdiction that the municipality with which they are affiliated has a compact; and

B. If the fire-fighting personnel have written authorization from the municipality with which they are affiliated.

Sec. 7. 38 MRSA §1310-E, sub-§4, as enacted by PL 1993, c. 732, Pt. C, §12, is amended to read:

4. Subsequent landfill closure activity. Any municipality that closes a landfill pursuant to subsection 1, 2 or 3 and that inspects, monitors and maintains the closure measures required pursuant to those subsections as necessary to ensure the closure measures remain effective is entitled to an assurance from the department that the municipality has met its closure obligations and that no further closure action other than inspection, monitoring and maintenance is required of the municipality by the department with regard to that landfill unless one or more of the following circumstances arises:

A. The commissioner finds that the landfill, although closed, is nonetheless a high-risk landfill and orders further closure or remediation activities;

B. Additional closure or remediation activities are needed and the department's cost share of the additionally required activity is immediately available; or

C. Additional closure or remediation activities are required as a result of an existing or pending formal department enforcement action with respect to the violation of the license conditions under which a landfill was operated.

Nothing with regard to this assurance is construed to limit the department's authority to act using its own resources as that activity may be otherwise authorized by law.

Sec. 8. 38 MRSA §1319-I, sub-§11 is enacted to read:

11.__Waiver.__The commissioner may waive payment of fees under this section if the commissioner finds the amount involved is too small in relation to the cost of collection.

Sec. 9. 38 MRSA §1661-A, sub-§5, as enacted by PL 2001, c. 373, §3, is amended to read:

5. Product components. Notwithstanding subsection 1, paragraph B C, the manufacturer of a product containing one or more mercury-added components is not required to include information on the purpose for which the mercury in the component is used amount of mercury in the component in the notice to the department if the component manufacturer has provided that information to the department and the manufacturer of the product that contains the component identifies the component and component manufacturer in the notice.

SUMMARY

This bill does the following.

1. It revises the membership of the Board of Underground Storage Tank Installers to provide flexibility in filling the seat currently allotted to the Maine Chamber of Commerce and Industry.

2. It extends the dioxin monitoring program from December 31, 2002 to December 31, 2007.

3. It requires the Department of Environmental Protection to publish a list of municipalities determined to have capacity, as provided in the site law's capacity exemption, by January 1st of each year and removes a requirement that on and after January 1, 2003, the Department of Environmental Protection presume that each municipality with a population of 5,000 or more has capacity as provided in the site law's capacity exemption.

4. It requires an underground oil storage facility to be registered with the Department of Environmental Protection at least 10 business days before the facility is installed.

5. It requires owners of underground oil storage tanks, upon registration of the tanks with the Department of Environmental Protection, to provide information on tank location as necessary to determine if the tank meets siting restrictions enacted during the First Regular Session of the 120th Legislature.

6. It requires owners of the underground oil storage tanks to provide a copy of the registration form to the municipality.

7. It eliminates redundant wording in the law governing certification of fire-fighting personnel to remove underground oil storage tanks.

8. It clarifies municipal responsibility for post-closure maintenance of closed landfills.

9. It allows the Commissioner of Environmental Protection to waive the fees on transport of hazardous waste when the fee is too small in relation to the cost of collecting it.

10. It exempts manufacturers of products that contain one or more mercury-added components from the need to notify the Department of Environmental Protection as to the amount of mercury in the components if that information is provided by the component manufacturer.