§561. Findings; purpose The Legislature finds that significant quantities of oil are being stored in aboveground and underground storage facilities; that leaks and unlicensed discharges from these facilities pose a significant threat to the quality of the waters of the State, including the ground water resources; that protection of the quality of these waters is […]
§562-A. Definitions As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1989, c. 865, §2 (NEW).] 1. Ancillary equipment. “Ancillary equipment” means devices including, but not limited to, piping, fittings, flanges, valves and pumps used to distribute, meter or control the flow of oil to […]
§562. Definitions (REPEALED) SECTION HISTORY PL 1985, c. 496, §A14 (NEW). PL 1987, c. 491, §5 (AMD). PL 1987, c. 735, §70 (AMD). PL 1987, c. 787, §13 (AMD). PL 1989, c. 312, §16 (AMD). PL 1989, c. 546, §10 (AMD). PL 1989, c. 865, §1 (RP). PL 1989, c. 890, §§A40,B130 (AMD).
§563-A. Prohibition of nonconforming underground oil storage facilities and tanks 1. Compliance schedule. Except as provided in subsections 1‑A and 1‑B, a person may not operate, maintain or store oil in a registered underground oil storage facility or tank that is not constructed of fiberglass, cathodically protected steel or other noncorrosive material approved by the […]
§563-B. Regulatory powers of department In addition to the rule-making authorities otherwise set forth in this subchapter, the department may adopt rules related to the following matters: [PL 2017, c. 333, §1 (AMD).] 1. Investigation and removal. Procedures, methods, means and equipment to be used in the investigation of discharges and the removal of […]
§563-C. Prohibition on siting new underground oil storage facilities near drinking water supplies (REPEALED) SECTION HISTORY PL 2001, c. 302, §1 (NEW). PL 2003, c. 689, §B6 (REV). PL 2005, c. 561, §6 (AMD). PL 2007, c. 569, §3 (RP).
§563. Registration and inspection of underground oil storage tanks and piping 1. Prohibition on unregistered tanks. The following prohibition on unregistered tanks applies. A. A person may not install, or cause to be installed, a new or replacement underground oil storage facility unless the facility is registered in accordance with subsection 2 at least […]
§564. Regulation of underground oil storage facilities used to store motor fuels or used in the marketing and distribution of oil The department shall adopt rules necessary to minimize, to the extent practicable, the potential for discharges of oil from underground oil storage facilities and tanks used to store motor fuel or used in the […]
§565-A. Authority to prohibit product delivery 1. Order to cease deliveries. In addition to the enforcement actions allowed under sections 347‑A and 348, the commissioner may, after providing an owner or operator of an underground oil storage tank with a notice of violation for failure to comply with a requirement of this subchapter and after […]
§565. Regulation of underground oil storage facilities used for consumption on the premises or by the owner or operator The board shall adopt rules necessary to minimize, to the extent practicable, the potential for discharges of oil from underground oil storage facilities not used to store motor fuels or in the marketing and distribution of […]
§566-A. Abandonment of underground oil storage facilities and tanks 1. Abandonment. Except as provided by subsection 1‑A, all underground oil storage facilities and tanks that have been, or are intended to be, taken out of service for a period of more than 12 months must be properly abandoned by the owner or operator of the […]
§566. Abandonment of underground oil storage facilities and tanks (REPEALED) SECTION HISTORY PL 1985, c. 496, §A14 (NEW). PL 1985, c. 626, §7 (AMD). PL 1987, c. 491, §13 (RP).
§567-A. Certifications 1. Cathodic protection tester. The commissioner may certify a person as a cathodic protection tester on finding that the person understands the principles and measurements of all common types of cathodic protection systems as applied to buried metal piping and tank systems. At a minimum, these persons must have education and experience in […]
§567. Certification of underground tank installers No person may install an underground oil storage facility or tank after May 1, 1986, without first having been certified by the Board of Underground Oil Storage Tank Installers, pursuant to Title 32, chapter 104-A. Underground gasoline storage tanks may be removed by underground gasoline storage tank removers certified […]
§568-A. Fund coverage requirements 1. Eligibility for fund coverage. Eligibility for coverage by the fund of clean-up costs and eligible 3rd-party damage costs is governed by the following provisions. A. The applicant must submit within 180 days of reporting the discharge a written request to the commissioner to be covered by the fund. The […]
§568-B. Clean-up and Response Fund Review Board created 1. Clean-up and Response Fund Review Board. The Clean-up and Response Fund Review Board, as established by Title 5, section 12004‑G, subsection 11‑A, is created to hear and decide appeals from insurance claims-related decisions under section 568‑A and monitor income and disbursements from the fund under section […]
§568. Cleanup and removal of prohibited discharges 1. Removal. Any person discharging or suffering a discharge of oil from an underground oil storage facility or an aboveground oil storage facility in the manner prohibited by section 543 and any other responsible party shall immediately undertake to remove that discharge to the commissioner’s satisfaction. Notwithstanding this […]
§569-A. Ground Water Oil Clean-up Fund (REPEALED) SECTION HISTORY PL 1991, c. 817, §26 (NEW). PL 1993, c. 355, §§16-22 (AMD). PL 1993, c. 363, §§13,14 (AMD). PL 1993, c. 363, §21 (AFF). PL 1993, c. 410, §H1 (AMD). PL 1993, c. 412, §§5,6 (AMD). PL 1993, c. 553, §§2-6 (AMD). PL 1993, c. 553, […]
§569-B. Ground Water Oil Clean-up Fund (REPEALED) SECTION HISTORY PL 1991, c. 817, §26 (NEW). PL 1993, c. 621, §5 (AMD). PL 1995, c. 399, §§16-19 (AMD). PL 1995, c. 399, §21 (AFF). PL 1997, c. 364, §35 (AMD). PL 1997, c. 374, §§8,9 (AMD). PL 1999, c. 334, §§5,6 (AMD). PL 2003, c. 245, […]
§569-C. Limited exemption from liability for state or local governmental entities 1. Limited exemption from liability. Liability under section 570 does not apply to the State or any political subdivision that acquired ownership or control of an oil storage facility through tax delinquency proceedings pursuant to Title 36, or through any similar statutorily created procedure […]
