Sec. 1. 38 MRSA §550, first ¶, as repealed and replaced by PL 1991, c. 66, Pt. A, §18, is amended to read:

Any person who causes or is responsible for a discharge in violation of section 543 that does not meet the requirements of section 550-A is not subject to any fines or civil penalties if that person:

Sec. 2. 38 MRSA §550-A is enacted to read:

§550-A.__Requirements for certain discharges of 50 gallons or less

Notwithstanding section 550, any person who causes or is responsible for a discharge of 50 gallons or less in violation of section 543 is not subject to any fines or civil penalties if:

1.__Discharge quantity.__The quantity of material discharged or released is 50 gallons or less, except that the 50-gallon limitation does not apply to a discharge within a structure or secondary containment if the material is entirely contained within the immediate spill area, or where the discharge is conveyed via floor drains or sewer lines to an on-site wastewater treatment plant that is licensed by the department and is operated and maintained to prevent the material from reaching surface or groundwater;

2.__Removes material.__That person promptly removes the discharge in accordance with the rules and orders of the board or commissioner;

3.__Discharge type.__The material discharged or released is limited to hydraulic fluid; lubricating oil; motor oil; #2 fuel oil; diesel fuel; #5 oil; #6 oil; crude oil; or mineral oil known to contain less than 50 parts per million polychlorinated biphenyls;

4.__Surface or groundwater.__The discharge or release does not reach surface water or groundwater;

5.__Control of location.__For discharges or releases occurring at a location over which the owner of the equipment suffering the discharge or release does not have control or ownership, a companywide spill contingency plan and procedures exist that address such discharges or releases; and

6.__Record keeping.__The owner or operator of the equipment suffering the discharge or release documents the discharge or release.__The owner or operator shall maintain the documentation