| | Sec. 6. 38 MRSA §563-C, sub-§2, as enacted by PL 2001, c. 302, §1, is | amended to read: |
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| | 2. Exemptions. The prohibitions in subsection 1 do not apply | to: |
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| A. Replacement or expansion of a facility registered and | installed on or before September 30, 2001, provided the | replacement or expansion occurs on the same property and the | owner or operator continues to pay the annual registration | fee as required under section 563. Failure to pay the | annual fee disqualifies a facility from being considered | exempt under this section; |
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| B. Conversion of an aboveground oil storage facility | registered permitted by the Department of Public Safety, | Office of the State Fire Marshal and installed on or before | September 30, 2001 to an underground oil storage facility, | provided the conversion occurs on the same property; |
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| C. A facility used solely for the storage of heating oil | that is consumed on site; |
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| D. Underground piping associated with an aboveground oil | storage facility; or |
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| E. A well located on the same property as a facility and | serving only users on that property. |
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| Notwithstanding paragraphs A and B, the prohibitions in | subsection 1 apply if a facility has been out of service for more | than 12 consecutive months unless, as provided in rules adopted | under section 566-A, the commissioner has approved an application | allowing the facility to remain temporarily out of service for a | longer period. |
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| | Sec. 7. 38 MRSA §1310-B, sub-§2, as amended by PL 2003, c. 661, §1 and | c. 689, Pt. B, §6, is further amended to read: |
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| | 2. Hazardous waste information and information on mercury- | added products and electronic devices. Information relating to | hazardous waste submitted to the department under this | subchapter, information relating to mercury-added products | submitted to the department under chapter 16-B or information | relating to electronic devices submitted to the department under | section 1609 1610, subsection 6, paragraph A, subparagraph (4), | division (i) and paragraph B may be designated by the person | submitting it as being only for the confidential use of the | department, its agents and employees, the Department of | Agriculture, Food and Rural Resources and the Department of |
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