LD 1655
pg. 6
Page 5 of 7 An Act To Amend Certain Laws Administered by the Department of Environmental Pr... Page 7 of 7
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LR 2608
Item 1

 
Presently, the statute inadvertently identifies the wrong bridge
relative to where tidewater occurs on the Dennys River. This bill
changes the statute to designate the correct bridge relative to the
location of tidewaters.

 
5. It amends the "sand supply" standard in the Maine Revised
Statutes, Title 38, section 480-D, subsection 7 by adding "or
gravel" in order to make it consistent with the definition of
"coastal sand dune systems" in Title 38, section 480-B,
subsection 1.

 
6. It makes a claimant ineligible to receive 3rd-party damage
payments from the Maine Coastal and Inland Surface Oil Clean-up
Fund or the Ground Water Oil Clean-up Fund if the claimant caused
the oil discharge that resulted in the damages or the claimant
otherwise meets the definition of "responsible party" under Maine
oil discharge law.

 
7. It authorizes the Commissioner of Environmental Protection
to dismiss a claim for damages associated with an oil discharge
if the claim is not timely filed, the claimant does not provide
the information needed to process the claim or the claimant is
found to be responsible for the discharge.

 
8. It provides that the discovery of oil in drinking water
supplies, soil or other locations on the premises of an
underground storage facility is evidence of a leak. Such
evidence of leakage must be reported to the department unless
reporting is otherwise exempted under existing provisions of law.

 
9. It allows operators of underground oil storage facilities
to forego inventory analysis if the storage tanks are monitored
for leaks by a method able to detect a product loss of 0.2
gallons or less per hour. Current law allows this only if the
monitoring system is capable of detecting a product loss of 0.1
gallons or less per hour.

 
10. It repeals obsolete language governing bare steel
underground oil storage tanks. The language is obsolete because
all such tanks must have been removed from service by October 1,
1998. The installation of new bare steel tanks is prohibited.

 
11. It extends the sunset date of the department's authority
to enforce federal requirements for spill prevention control and
countermeasure plans at aboveground storage facilities.

 
12. It deletes an incongruent reference in the law governing
the sale of elemental mercury for manufacturing purposes.


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