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Home » US Law » 2022 Maine Revised Statutes » TITLE 38: WATERS AND NAVIGATION » Chapter 13-D: WELLHEAD PROTECTION

38 §1391. Declaration of policy

§1391. Declaration of policy The Legislature finds and declares it to be the policy of the State, consistent with its duty to protect the health, safety and welfare of its citizens, to establish a coordinated statewide program to protect drinking water wells from contamination by oil or hazardous waste. The Legislature further finds that spills […]

38 §1392. Definitions

§1392. Definitions As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 2007, c. 569, §6 (NEW).] 1.  Aboveground heating oil supply tank.  “Aboveground heating oil supply tank” means an aboveground oil storage tank that is connected directly to an oil-burning heating appliance and is used […]

38 §1393. Prohibition on installation of facilities in wellhead protection zones

§1393. Prohibition on installation of facilities in wellhead protection zones 1.  Prohibition.  Unless otherwise exempted pursuant to subsection 2:   A. A person may not install an underground oil storage facility in a wellhead protection zone; and   [PL 2007, c. 569, §6 (NEW).] B. After September 30, 2008, a person may not install in […]

38 §1394. Variances

§1394. Variances The provisions of this section govern the granting of a variance from the prohibitions under section 1393.   [PL 2007, c. 569, §6 (NEW).] 1.  Community drinking water well, private drinking water well or well that supplies school.  In the case of a community drinking water well, a private drinking water well or […]

38 §1396. Financial assistance for upgrading aboveground oil storage tanks or facilities

§1396. Financial assistance for upgrading aboveground oil storage tanks or facilities The commissioner may disburse money from the Maine Ground and Surface Waters Clean-up and Response Fund to retrofit, repair or replace aboveground oil storage tanks or aboveground oil storage facilities in a wellhead protection zone when the commissioner determines that action is necessary to […]

38 §1397. Enforcement

§1397. Enforcement In addition to other enforcement actions allowed under state law, the commissioner may issue an administrative order after providing a notice of violation for failure to comply with the requirements of this chapter and after providing a reasonable opportunity to correct the violation. The administrative order may include, but is not limited to, […]

38 §1398. Eligibility for clean-up funds

§1398. Eligibility for clean-up funds Clean-up costs and 3rd-party damages resulting from discharges from an aboveground oil storage facility or an underground oil storage facility installed in violation of section 1393 are not eligible for coverage by the Maine Ground and Surface Waters Clean-up and Response Fund under sections 551 and 568‑A.   [PL 2015, […]

38 §1399. Municipal authority

§1399. Municipal authority This chapter may not be construed to prevent a municipality from imposing siting restrictions more stringent than the prohibitions in this chapter or in rules adopted by the board.   [PL 2007, c. 569, §6 (NEW).] SECTION HISTORY PL 2007, c. 569, §6 (NEW).

38 §1400. Rules

§1400. Rules Subject to Title 5, chapter 375, the department may adopt rules as it determines necessary to implement this chapter. Rules adopted pursuant to this section are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A.   [PL 2011, c. 538, §14 (NEW).] SECTION HISTORY PL 2011, c. 538, §14 (NEW).