CHAPTER 605
H.P. 1513 - L.D. 2016
An Act to Facilitate Compliance with Spill Prevention Requirements and Authorize Reimbursement for Certain Oil Spill Remediation Expenses
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 38 MRSA §569-A, sub-§8, ¶A, as amended by PL 1999, c. 278, §2, is further amended to read:
A. Administrative expenses, personal services and equipment costs of the department related to the administration and enforcement of this subchapter, except that total disbursements for personal services may not exceed $2,250,000 $2,900,000 per fiscal year, multiplied by an annual adjustment factor of 4% beginning in fiscal year 1999 2002-03;
Sec. 2. 38 MRSA §570-K, sub-§4, as enacted by PL 1993, c. 363, §17 and affected by §21, is amended to read:
4. Exemption. The following aboveground oil storage facilities are exempt from the requirements of this section subsections 2 and 3:
A. Facilities or portions of facilities that are used exclusively for the storage of #2 and other home heating oil and consist of an individual tank of 660 gallons or less capacity or an aggregate tank capacity of 1320 gallons or less; and
B. Facilities containing only liquefied petroleum gas or liquefied natural gas.
Sec. 3. 38 MRSA §570-K, sub-§5 is enacted to read:
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 (2001). Failure to comply with those federal requirements 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 This subsection is repealed October 1, 2005.
Sec. 4. Report. The Commissioner of Environmental Protection shall report to the joint standing committee of the Legislature having jurisdiction over natural resources matters by January 15, 2005 on all activities undertaken by the Department of Environmental Protection under the provisions of the Maine Revised Statutes, Title 38, section 570-K, subsection 5. That report must include the number of facilities inspected under that subsection; the number of spill prevention and control and countermeasure plans reviewed by the department under that subsection; the number, nature and result of any written communications submitted to the United States Environmental Protection Agency pursuant to that subsection; the number and result of all enforcement actions taken by the department for violations of that subsection; and an overview of the educational and technical assistance efforts undertaken by the department under that subsection. That report must also include a qualitative assessment of the department's effectiveness in implementing that subsection, including an assessment by the regulated community of the department's performance under that subsection.
Sec. 5. Authority to report out legislation. The joint standing committee of the Legislature having jurisdiction over natural resources matters may report out legislation to the First Regular Session of the 122nd Legislature on any matter pertaining to the State's enforcement of federal standards pertaining to the preparation and implementation of spill prevention control and countermeasure plans under the Maine Revised Statutes, Title 38, section 570-K, subsection 5.
Sec. 6. Appropriations and allocations. The following appropriations and allocations are made.
ENVIRONMENTAL PROTECTION, DEPARTMENT OF
Remediation and Waste Management
Initiative: Allocates funds to cover additional personal services costs for positions funded by the Ground Water Oil Clean-up Fund.
Other Special Revenue Funds 2001-02 2002-03
Personal Services $0 $259,303
Remediation and Waste Management
Initiative: Allocates funds for the costs of contracting for consulting services needed to audit for compliance with requirements for the preparation and maintenance of aboveground oil storage facilities.
Other Special Revenue Funds 2001-02 2002-03
All Other $0 $12,500
ENVIRONMENTAL PROTECTION,
DEPARTMENT OF
DEPARTMENT TOTALS 2001-02 2002-03
OTHER SPECIAL REVENUE
FUNDS $0 $271,803
____________ ____________
DEPARTMENT TOTAL -
ALL FUNDS $0 $271,803
Effective July 25, 2002, unless otherwise indicated.
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