Section 096-600-6 - Siting RequirementsA.New Land Based Oil Terminal Facilities.(1) Facility Set-Backs. Every new aboveground oil storage tank operating at pressures less than 2.5 pounds per square inch gauge must be located in accordance with NFPA 30, Flammable and Combustible Liquids Code. Vertical tanks storing liquids must be separated in accordance with NFPA 30.
(2) Facility Location. New oil terminal facilities may not be located within the following areas: (a) Within 3,000 feet of a surface water body intake used as a public drinking water supply;(b) Within 600 feet of an existing private drinking water supply, except a facility's own well;(c) Within 1,000 feet of a significant ground water aquifer; or(d) Within 1,000 feet of an essential habitat as mapped by the Department of Inland Fisheries and Wildlife, or any refuge, park, preserve, or similar site when such site is state or federally designated. Undeveloped areas and non-oil or non-chemical handling areas are not included in the definition of "oil terminal facilities" for the purposes of this paragraph.
(3) A new oil terminal facility located as set forth below is presumed to pose a serious threat to public health or welfare or to the environment such that a license for a facility may not be issued. The presumption applies if a facility is located: (a) Within a 100-year floodplain, unless critical infrastructure is suitably elevated to four feet above the 100-year flood elevation to maintain continuity of operations, except for piers and piping from a pier to the terminal. Piers and piping from a pier to the terminal must be secured through an alternative means such as marine break away couplings;(b) Within 1,000 feet of a freshwater wetland, great pond, river, stream or brook (as defined in Natural Resources Protection Act,38 M.R.S. §480-B) not used as a public drinking water supply, except for piers and piping from a pier to the terminal;(c) Within an area that is less than four feet in elevation above the highest astronomical tide (HAT) line of coastal wetlands (as defined in 38 M.R.S. §480-B) with a salt or brackish water regime (salinity equal to or greater than 0.5 parts per 1,000) that contain emergent vegetation tolerant of salt water occurring primarily in a salt water or estuarine habitat including, but not limited to, marshes and salt meadows; or(d) Within 1,000 feet of an eel grass bed.(4) An applicant seeking a license to establish, construct, alter, or operate a facility in a location listed in subparagraphs (3)(a)-(d) above may overcome the presumption in paragraph (3) above by persuasive evidence that either:(a) The facility is unique in some way that allows for compliance with the intent of this Chapter through an alternative design, operation, or siting proposal which provides a level of protection equivalent to that which would be provided by the siting provision in this Chapter; or(b) The facility environment is unique in some way such that a valuable resource will not be negatively affected by the proposed siting.B.Existing Land Based Oil Terminal Facilities.(1) Modifications to Existing Facilities. New tanks located inside the existing oil and chemical handling areas of existing facilities are not subject to the siting criteria of Section (6)(A) above. New tanks located outside the existing oil and chemical handling areas are permitted provided they comply with one of the following: (a) They are located in compliance with the siting criteria;(b) They are unable to meet all the siting criteria, in which case the owner or operator has demonstrated to the Department that the new tank will be constructed in the location which satisfies the greatest number of siting criteria; or(c) The owner or operator is able to demonstrate to the Department's satisfaction that although contiguous land is available which meets the siting criteria, compliance with the siting criteria through use of this location would not be economically feasible or would create significant operational problems. For the purposes of Sections (6)(B)(1)(b) and (c) above, land not contiguous to the existing oil and chemical handling area where the oil terminal owner or operator intends to build or land not already owned by the terminal owner or operator would not be included for consideration. A private or public right of way may not by itself be considered as dividing a property into separate noncontiguous properties.
(2) Non Operating Facilities. Existing facilities that have been abandoned, closed or that have been in disrepair for more than 10 years are prohibited from reuse unless the facility siting complies with Section (6)(A) of this Chapter. 06- 096 C.M.R. ch. 600, § 6