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commissioner-approved noncorrosive material that are monitored for | a leak by a method able to detect a product loss or gain of 0.1 | | 0.2 gallons or less per hour. |
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| | | Sec. 10. 38 MRSA §564, sub-§3, as repealed and replaced by PL 1991, | | c. 66, Pt. B, §6, is repealed. |
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| | | Sec. 11. 38 MRSA §569-A, sub-§2, ¶I, as enacted by PL 1991, c. 817, | | §26, is amended to read: |
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| | I. A responsible party | | compensation under this subsection for costs, expenses or | damages related to the specificfor which the | | the commissioner determines that the claimant is a | responsible party is deemed responsible | | section 562-A, subsection 17. |
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| | | Sec. 12. 38 MRSA §569-A, sub-§2, ¶L is enacted to read: |
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| | | L.__The commissioner may dismiss a 3rd-party damage claim | | for untimely filing, for failure by the claimant to provide | | the information necessary to process the claim within 60 | | days after the claimant receives written notice that the | | claim is insufficient for processing or for ineligibility as | | determined by the commissioner under paragraph I.__A | | dismissal may be appealed to Superior Court in accordance | | with Title 5, chapter 375, subchapter 7. |
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| | | Sec. 13. 38 MRSA §570-K, sub-§5, as amended by PL 2003, c. 245, §19, | | is further amended to read: |
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| | | 5. Spill prevention and control. An aboveground oil storage | | facility used in the marketing and distribution of oil to others | | must be operated in compliance with the federal requirements for | | the preparation and implementation of spill prevention control | | and countermeasure plans under 40 Code of Federal Regulations, | | 112 in effect on April 17, 2003. Failure to comply with those | | federal requirements in accordance with the deadlines set by the | | United States Environmental Protection Agency constitutes a | | violation of this Title. If the department believes that a | | facility's plan does not satisfy those federal requirements, the | | department shall request an opinion from the United States | | Environmental Protection Agency as to the legal adequacy of the | | plan and any amendment necessary to bring the facility into | | compliance with those federal requirements. The department shall | | prepare educational and technical materials for use by facilities | | affected by this subsection. This subsection is repealed October | 1, 2005 |
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