LD 1768
pg. 4
Page 3 of 5 An Act To Prevent Motor Fuel Spills from Aboveground Storage Tanks That Have Un... Page 5 of 5
Download Bill Text
LR 2942
Item 1

 
and operation of, the underground oil storage tank and
associated piping that are the subject of the violation until
the violation has been corrected.

 
C. Service of the commissioner's administrative order under
paragraph B must be made by hand delivery by an authorized
representative of the department or by certified mailing,
return receipt requested.

 
D. The person to whom the administrative order under
paragraph B is directed shall comply immediately or within
the time period specified in the order. That person may
appeal the order to the board by filing a written petition
within 5 working days after receipt of the order. Within 15
working days after receipt of the petition, the board shall
hold a hearing on the matter. All witnesses at the hearing
must be sworn. Within 7 working days after the hearing, the
board shall make findings of fact and shall continue, revoke
or modify the administrative order. The decision of the
board may be appealed to the Superior Court in accordance
with Title 5, chapter 375, subchapter VII 7.

 
10.__Aboveground oil storage tanks with underground piping.__
An owner of an aboveground oil storage tank with underground
piping is subject to the requirements of this subsection.

 
A.__Effective January 1, 2007, a person may not store motor
fuel in an aboveground oil storage facility that has
underground piping without first having registered the
facility with the commissioner in the same manner as is
required of underground oil storage facilities under
subsections 2 to 5.

 
B.__Prior to the sale or transfer of an aboveground oil
storage tank that has underground piping, the owner shall
notify the purchaser or transferee in writing of the
existence of the underground piping and the requirement that
the tank be registered with the commissioner if the tank
will be used to store motor fuel.

 
C.__The owner of an aboveground oil storage tank used to
store motor fuel shall ensure that, within 30 days after
completion of installation of underground piping associated
with the tank, the installer certifies in writing to the
commissioner that the materials and methods used comply with
the applicable installation standards of this subchapter.

 
D.__The owner of an aboveground oil storage tank used to store
motor fuel shall ensure that underground piping associated with
the tank is inspected annually for


Page 3 of 5 Top of Page Page 5 of 5