Section 096-691-12 - Discharge and leak investigation, response and corrective action requirementsA.General requirements(1) In accordance with 38 M.R.S. §568, any facility owner or operator or other responsible party, as defined in 38 M.R.S. §562-A(17), when a leak, spill or other prohibited discharge of oil occurs, shall immediately contain and undertake to remove that discharge to the satisfaction of the Commissioner, and in accordance with the requirements of this section. In determining the extent of a corrective action, the Commissioner and the Commissioner's staff shall consider the potential for human exposure and for adverse effects on public safety, health and welfare and the environment. The Commissioner will consider at a minimum the following factors in determining whether the corrective action plan is appropriate: (a) The physical and chemical characteristics of the oil discharge, including its toxicity, persistence, and potential for migration;(b) The hydrogeologic characteristics of the site and the surrounding areas;(c) The proximity, quality, and current and future uses of nearby surface water and ground water, including the Maine water quality classification standards and objectives to restore and maintain the chemical, physical and biological integrity of the State's waters;(d) The potential effects of residual contamination on nearby surface water and ground water;(e) An exposure assessment; and(f) Any information assembled in compliance with this section.(2) Any evidence of a possible leak or discharge of oil as defined in section 5(D)(10) must be reported to the Commissioner by the facility owner or operator within 24 hours of discovery. Actual oil leaks and discharges as defined in section 5(D)(11) shall be reported to the Commissioner by the facility owner or operator, and the Certified Underground Oil Storage Tank Installer or Inspector within two (2) hours of discovery. Notwithstanding the above, discharges of 10 or less gallons of oil that occur on the facility premises and above the surface of the ground onto a concrete or asphalt paved surface, and that do not reach ground water or surface waters of the State, need not be reported to the Commissioner if the owner or operator complies with all of the following requirements:
(a) The discharge is cleaned up within 24 hours of discovery.(b) A written log is maintained at the facility or the owner's place of business in Maine recording for each discharge, the date of discovery, its source, the general location of the discharge at the facility, the date and method of cleanup, and the signature of the facility owner or operator certifying the accuracy of the log.(c) The log must be made available upon request within 24 hours for inspection by Department personnel, authorized agents of the Commissioner, and municipal officials. NOTE: Discharges of oil may be reported by calling the Department's toll free telephone number, 1-800-482-0777.
(3) Under 38 M.R.S. §568(4)(A), any person who causes, or is responsible for, a discharge from an underground oil storage facility in violation of 38 M.R.S. §543, is not subject to any fines or penalties for violation of 38 M.R.S. §543 for the discharge if that person promptly reports and removes that discharge in accordance with this Chapter as well as other rules or orders of the Commissioner and the Board, except that a person who violates any laws or rules administered by the Department under 38 M.R.S. §§561 - 570 -M is subject to fines and penalties.(4) All hydrogeological or other investigation and corrective action plans required under this section must be certified and stamped by a Maine certified geologist, a licensed Maine professional engineer, or a geologist or engineer otherwise in compliance with the Maine professional regulation statutes for geologists or engineers. Implementation of corrective actions must be supervised by a Maine certified professional working in compliance with Maine's professional regulation statutes. Individuals providing the above professional services should be knowledgeable in underground oil storage facility investigation and remediation.(5) Any investigation of evidence of a possible leak or a discharge, and any removal or remediation of a discharge, that involves excavation, removal or replacement of soil material or a concrete pad, or the use of in situ techniques, above, under, or within 10 feet of a tank or piping, must be attended by an underground oil storage tank installer certified under 32 M.R.S. §§10001 - 10016. In order to protect the structural integrity of the facility, to prevent further discharges, and to protect public safety and the environment, the certified installer shall supervise and be present at all times when work described above is being performed.(6) Leaks and discharges of oil shall be investigated and corrected using techniques that are cost-effective, reliable and technically feasible.(7) Upon determination that an oil discharge has occurred at a facility, that facility may resume partial or full operation while corrective action is taken unless the Commissioner determines that a return to operation would interfere with investigation and remediation efforts, and would therefore result in a threat to public health and safety and the environment. No excavation, drilling or soil removal may be undertaken on the facility premises within 5 feet of any pressurized Class 1 liquid (e.g. all gasolines) product lines until such lines have been drained of product. In accordance with NFPA 30 and 30A, excavation, drilling, or other activities that may act as a source of ignition of flammable vapors at a Class 1 liquid dispensing facility may not be undertaken within 20 feet of a fueling dispenser and nozzle when fully extended, unless the electrical power supply to the dispenser has first been turned off and all fueling operations from that dispenser have ceased. NOTE: Before undertaking excavation at a facility that will remain in operation, the owner or operator should notify the municipal fire chief in the event a local ordinance applies and a permit is required under NFPA 30 (7.9).
(8) The owners or operators of the following tanks must comply with the requirements of this section, except that they may meet the initial site characterization of 40 C.F.R. § 280.63, as amended up to July 1,2018, in lieu of conducting a site assessment in accordance with Appendix P: (a) Aboveground oil storage tanks that are associated with field constructed underground oil storage tanks and airport hydrant systems; and(b) Wastewater treatment tank systems that are not regulated by the Clean Water Act §§402 or 307(b) (1972) ( 33 U.S.C., § 1317(b) or § 1342 (2016)).B.Discharge and leak investigation and confirmation requirements(1) The facility owner or operator, or other responsible party shall immediately investigate and confirm all possible leaks, spills or other discharges of oil to the Commissioner's satisfaction within 7 business days of discovery, or another reasonable time period approved by the Commissioner, using the following steps or another procedure approved by the Commissioner: (a) Leak detection check. If the facility has leak detection in accordance with this Chapter and it indicates a possible leak, a check for failures of the leak detection system may be conducted prior to precision testing if the check is concluded within 3 business days of the initial discovery of evidence of a possible leak or discharge. All components of the leak detection system for tanks and piping must be checked for proper operation, recalibrated if an automated or electronic system, and monitored in accordance with the requirements of this Chapter and if applicable, the manufacturer's instructions. Monitoring must be conducted for 5 consecutive days. For manual leak detection systems, monitoring must be conducted daily. Records of the findings of the leak detection check and monitoring must be provided to the Commissioner. If leak detection monitoring results are conclusive and do not indicate a leak, further investigation is not needed, unless there is other environmental contamination or physical evidence indicating a leak or discharge of oil. If the leak detection results indicate a leak, are inconclusive or the facility does not have leak detection meeting the requirements of this Chapter, the owner, operator or other responsible party shall conduct a precision test of the facility in accordance with paragraph (b) below. If leak detection indicates a leak, the owner, operator or other responsible party shall abandon, repair or replace facility components in accordance with appropriate sections of this Chapter. In addition the owner or operator of a motor fuel facility shall also comply with the testing and replacement procedures outlined in paragraph (d) below. NOTE: Performing an additional statistical inventory reconciliation is not an acceptable option under the leak detection check requirements because of the delay to collect the 30 to 60 days of daily product inventory data required by this method.
(b) Precision test. When a possible leak is not attributed to a failure of the leak detection system underparagraph (a) above the owner, operator or other responsible party shall have a precision test conducted of the facility to determine whether and where a leak exists. This test shall be conducted by an independent third party. If an initial precision test is either inconclusive or indicates a failure, the owner or operator may recheck the results by re-testing within two weeks of receipt of the initial test results. A copy of all precision test results must be submitted to the Commissioner by the facility owner and the tester. (i) If precision testing indicates a leak (2 test failures or a single uncontested test failure), the owner, operator or other responsible party shall abandon, repair or replace facility components in accordance with appropriate sections of this Chapter and initiate a site assessment in accordance with paragraph 1(c) below and undertake corrective actions as specified in subsection C below. In addition, the owner or operator of a motor fuel facility shall also comply with the replacement procedures outlined below in paragraph (d) of this section.(ii) If results from a Commissioner-approved and properly conducted precision test of the facility conclusively indicates that a leak does not exist, and if no environmental contamination or other physical evidence is the basis for suspecting a leak or discharge, further investigation is not required. The Commissioner may, however, require additional precision testing or a site assessment in accordance with paragraph (c) below for environmental contamination by oil if initial precision tests are inconclusive or improperly conducted.(iii) The facility owner, operator or other responsible party shall conduct a site assessment as described below in sub-paragraph (c) of this section if precision test results do not indicate a leak exists but evidence of environmental contamination or other physical evidence is the basis for suspecting a leak.(c) Site assessment (i) The objectives of the site assessment are as follows:a. Determine the presence or absence of a leak, spill or oil discharge where contamination is most likely to be present on the facility site;b. Identify the presence of free product, oil saturated soils and soils contaminated above the applicable notification levels in Appendix Q. At sites where leaded petroleum fuels were stored in underground oil storage facilities, the assessment must include an evaluation for total lead. If total lead is present in concentrations equal to or above 100 mg/kg, contaminated soils must be sampled for laboratory analysis and tested using EPA's Toxicity Characteristic Leaching Procedure, SW-846 Test Method 1311/6010C; NOTE: Lead was prohibited in gasoline as of January 1, 1996, Lead continues to be used in high octane fuel and certain aviation fuel.
c. Evaluate the potential for vapor intrusion at the facility and nearby receptors if a leak, spill, or discharge is confirmed and/or free product and/or saturated soil is present;d. Determine the degree of threat to ground water quality;e. Consider the nature of the oils stored at a facility, the cause for suspecting a leak or discharge, the type of backfill and soils, the depthtoground water, the depthto bedrock, and other factors appropriate for identifying the presence and source of a leak or other discharge; andf. Consider the potential effects of residual contamination on nearby surface water and ground water.(ii) The site assessment must be conducted in accordance with procedures outlined in Appendix P.To verify the presence or absence of a leak or oil discharge at an operating facility in follow-up to the requirements of paragraphs (b) (ii) or (iii) above, the site assessment procedures outlined in paragraph 10 of Appendix P must be followed.(iii) If site assessment results for the excavation and other areas of the facility site indicate that a leak, spill or other discharge of oil has occurred, the owner or operator shall properly abandon, repair or replace facility components and begin corrective actions in accordance with subsection C below.(iv) If the site assessment results for the excavation and other areas of the facility site do not indicate a leak, spill or other discharge of oil has occurred, further investigation is not required.(d) Within 30 business days, or another time period approved by the Commissioner, of discovery of evidence of a possible leak or discharge, the owner, operator or other responsible party shall submit a report on the steps taken and the findings of discharge and leak investigation and confirmation efforts. The report must include the name, address, and telephone number of the person to contact for more information, and a site assessment report meeting the requirements of Appendix P except that the reporting deadline is as specified above in this paragraph. NOTE: 38 M.R.S. §568(6) allows for reimbursement by the Department of documented removal costs incurred by a tank owner or operator where a tank or facility was required by the Commissioner to be removed or closed upon evidence of a leak or discharge, but later determined by a site assessment or hydrogeological investigation not to be a source of a leak or oil discharge. The facility owner or operator under these circumstances also may apply for economic damages such as loss of income through the 3rd party damage claim process outlined in 38 M.R.S. §551.
C.Minimum corrective action requirements(1) First response measures (a) Identify and mitigate fire, explosion and acute vapor hazards to the satisfaction of the Commissioner and the local public safety agency having jurisdiction within 24 hours of discovery of a leak or discharge or another time period approved by the Commissioner.(b) Take immediate action to prevent any further discharge of oil from the facility to the environment within 24 hours of discovery of leak or discharge, or another time period approved by the Commissioner. This includes ceasing use and removing from those tanks and associated piping suspected or tested to be leaking as much oil as necessary to entirely stop the discharge. All tanks and piping shall be abandoned in accordance with section 11. (c) Remove the tanks and associated piping as soon as possible in accordance with section 11 of this Chapter except that compliance with the waiting period between notification and abandonment is hereby waived.(d) Prevent further migration of oil into surrounding soils and ground water and surface water, including the removal of any free product in the vicinity of the tanks and piping or other source of leak or discharge. Recovery of free product shall be initiated immediately upon discovery and followed by submission of a free product abatement plan meeting the requirements of paragraph 3 below.(e) Continue to monitor and mitigate any additional fire and safety hazards posed by vapors or free product that has migrated from the excavation zone and entered into structures, sewers and utility conduits.(2) Initial public exposure assessment and abatement. The facility owner, operator or other responsible party shall complete initial public exposure assessment and abatement measures listed below and required by the Commissioner within 30 business days of confirmation of a leak, discharge or contamination, or within another time period approved by the Commissioner. (a) Identification of impacted and potential human receptors. Existing and potential public health risks are to be identified for the purpose of establishing initial remediation objectives. Priority shall be given to the identification of human exposure to oil contaminated drinking water supplies and indoor air in occupied buildings, followed by an assessment of the potential for human exposure by way of ground water and drinking water contamination, vapor intrusion pathways, soil off-gassing and direct soil contact.(b) Initial soil remediation. Remediate all oil saturated soils; contaminated soils that are deemed by the Commissioner to present a threat to public or private drinking water supply wells, or public health, safety or welfare and contaminated soils that are deemed by the Commissioner to present a contact risk to residents, recreation facility users, construction or commercial workers. Soil remediation decisions will be based on soil contamination concentrations measured in accordance with Appendix Q(1)(A) or (C) and the results of field or laboratory analysis for lead identified in §12(B)(c)(i)(b) above. Measurement of residual soil contamination concentrations following source removal are to be conducted by the same methods. Acceptable laboratory methods and performance standards to be used to analyze soil samples are found in Appendix S. Oil contaminated soils and uncontaminated soils are to be physically separated to the maximum extent possible to avoid unnecessary remediation costs.(c) Soil treatment. The method and location of contaminated soil treatment or processing (in-situ or aboveground) must be approved by the Commissioner and, if to be treated off the facility site, must comply with applicable regulations administered by the Commissioner.(d) Soil disposal. Non-hazardousoil contaminated soils may be disposed at a Maine landfill that is specifically licensed by or otherwise has been approved by the Commissioner or Department for such disposal. This paragraph does not preclude disposal at a properly licensed out of state disposal or treatment facility.(e) Identification and sampling of nearby drinking water supply wells. Identify, and using a Global Position System (GPS) receiver or other similar technology approved by the Commissioner, locate any water supply wells on the facility parcel, and the closest private and public water supply wells to the facility on abutting properties or within 500 feet of the facility. These wells are to be sampled and analyzed for petroleum hydrocarbons and other oil constituents in accordance with Appendix S and as required by the Commissioner. When wells are found contaminated, the Commissioner may require the sampling of additional wells to ensure all water supplies contaminated by a leak or discharge are identified. The Commissioner may require water supplies suspected to be at risk of contamination to be sampled, as site conditions warrant, including any public well whose mapped source water protection area includes a portion of the facility. Wells experiencing possible petroleum odor and taste problems and located in reasonable proximity to the facility shall also be sampled. The owners of all wells sampled shall be provided with a copy and explanation of the results within 10 business days of receipt. If a public drinking water supply is found to be contaminated, the Drinking Water Program in the Maine Department of Health and Human Services must be notified within 24 hours of discovery. Water samples must be analyzed in accordance with the requirements of Appendix S.(f) Interim treatment of contaminated private water supply wells. Owners of private water supplies found to be contaminated with oil from a confirmed leak or discharge from a facility shall be offered and provided with point-of-entrywater treatment within 10 business days of the discovery of contamination. Water supply wells contaminated with arsenic or other metals released from soil or bedrock by an oil discharge and exceeding a primary federal drinking water standard or State maximum exposure guideline shall be provided with treatment meeting with the satisfaction of the Commissioner. Such treatment shall reliably reduce the level of contamination below primary drinking water standards and Maine Department of Health and Human Services maximum exposure guidelines. For water supplies contaminated with total volatile or extractable petroleum hydrocarbons below 1 ppm and MTBE below 100 ppb, two granulated activated charcoal filters of adequate volume, installed in series may be used. Contamination above these levels requires treatment by aeration. Other point-of-entry treatment systems may be used when demonstrated to be effective and reliable in reducing oil contamination and approved by the Commissioner. If treatment does not reduce contamination levels below required health standards, the Commissioner may require different or additional interim remedial measures to avoid human exposure to oil contaminants or other contaminants present due to the oil contamination.(g) Treatment of contaminated public water supplies. The Commissioner may require contaminated public water supply wells to be provided by the owner, operator or other responsible party with treatment adequate to reduce oil concentrations and other contaminant concentrations below primary drinking water standards and Maine Department of Health and Human Services maximum exposure guidelines. The treatment system must be designed by a professional engineer licensed in Maine or working in conformance with Maine professional regulation statutes and rules, and be approved by the Commissioner, the Maine Drinking Water Program and the public water supply owner.(h) Water supply monitoring requirements. The following minimum water supply monitoring requirements must be met unless an alternate monitoring plan is agreed upon by the Commissioner. (i) Contaminated water supplies must be monitored by sampling once every 3 months before, between and after treatment devices for as long as the system is operating. Water shall be analyzed for petroleum hydrocarbons, oil constituents and other applicable parameters as required by the Commissioner. Water supply sampling and analyses must be conducted in accordance with Appendix S.(ii) Water supplies found to be contaminated with oil below established health standards and guidelines must be monitored every 3 months for petroleum hydrocarbons, oil constituents and other parameters required by the Commissioner. Water supplies located in close proximity to and adjoining to contaminated ones must, along with other wells deemed by the Commissioner to be at significant risk of contamination, also be monitored in accordance with the above requirements.(iii) Monitoring of contaminated water supplies and supplies deemed at significant risk of contamination must continue until either use of the supply is discontinued, four (4) consecutive quarterly monitoring results do not detect contamination by oil or its components above a Commissioner established action level, or monitoring is suspended by the Commissioner because it is no longer needed for other reasons.(iv) Monitoring results must be provided to the Commissioner and the water supply owner within 7 days of receipt.(i) Water supply treatment systems must be maintained in proper operating condition until completion to Commissioner satisfaction of a potable replacement drinking water supply or the completion of long-term correction actions and settlement of third party damage claims under 38 M.R.S. §551.(j) Within 30 days after confirmation of a leak or other discharge of oil or another time period approved by the Commissioner, the owner, operator or other responsible party shall submit a written report to the Commissioner for approval. This report shall summarize the initial public exposure assessment and abatement measures taken, their effectiveness, an assessment of impacted and threatened human receptors, supporting analytical data or laboratory analyses, documentation that affected parties and the Maine Drinking Water Program have been properly notified, and the need for investigation of the extent and severity of contamination or for additional human exposure abatement and remediation measures. Upon consideration of the results and findings presented above, proximity to and potential effects of contaminated soil or ground water on important ground water or surface water resources or other relevant information developed by the Commissioner, the Commissioner may require an initial contamination investigation in accordance with paragraph 4 below as well as additional initial abatement measures.
(3) Free product recovery. Free oil product must be recovered or removed to the satisfaction of the Commissioner at all sites where found. A free product abatement plan shall be submitted for the review and prior approval of the Commissioner. The free product abatement plan must be submitted within 30 days of discovering free product or another time period approved by the Commissioner. Such a plan must include, at a minimum: (a) Methods for product control. Control of free product migration and the removal or recovery of all free product that is technically feasible shall be the minimum objectives of any abatement plan. Free product removal or recovery must be conducted in a manner that minimizes the spread of contamination into previously uncontaminated zones using recovery and disposal techniques appropriate to the hydrogeological conditions of the site, and that properly treats, discharges or disposes of recovery byproducts in compliance with applicable local, state, and federal regulations;(b) Methods to handle any flammable products in a safe and competent manner to prevent fires or explosions;(c) The name of the person(s) responsible for implementing free product removal or recovery procedures;(d) The estimated quantity, type and thickness of free product observed or measured in wells, bore holes and excavations;(e) The location of any discharge of dissolved phase oil contaminated water. Any discharge of free oil product or a free product and water emulsion is prohibited;(f) The type of treatment to be applied to and the effluent quality expected from any discharge;(g) The recovery and treatment system design, including sizing of pumps and recovery wells, influence on ground water and capacity calculations;(h) A plan to monitor the performance of the proposed recovery and treatment system, including monitoring scope, locations, parameters and frequency;(i) A contingency and response plan for the loss of product control and recovery and treatment system failure;(j) The disposition and handling of recovered free product; and(k) If removal is to include soil gas venting, the quality and quantity of expected air emissions.(4) Initial contamination investigation (a) The objectives of the initial contamination investigation are to characterize the hydrogeology of the facility and the surrounding area; to determine the concentration and extent of soil and ground water contamination; to determine the direction of contamination movement; to identify what environmental resources, including nearby surface water resources, and receptors are at significant risk of contamination; to evaluate the potential of a vapor intrusion threat to nearby buildings; to develop a conceptual model of the contamination's fate, transport, and threat to receptors; and to determine the need for and the objectives of further investigation and long-term corrective actions. The initial contamination investigation study must cover the facility site and those areas known or suspected to be contaminated by oil from the facility discharge.(b) The following existing data, where available, must be compiled and reviewed: (ii) Aerial and satellite photographs;(iii) Well logs for all contaminated wells and wells on properties abutting a parcel with a contaminated well and all other wells within 500 feet of the facility;(iv) A suitable base map at a scale of 1"=500' or lessshowing the location of existing structures, private and public drinking water supply wells within 1000 feet of the facility, source water protection areas for public water supplies mapped by the Maine Drinking Water Program, significant sand and gravel aquifers mapped by the Maine Geological Survey, ground water monitoring wells (if any), current and past locations of oil storage facilities, location of subsurface waste disposal systems and dry wells, other potential contamination sources, property ownership, surrounding land uses, rights-of-way, roads, and existing underground utilities;(v) Surface water bodies, including intermittent streams, wetlands and flood plains;(vi) Regional bedrock geology; and(c) Subsurface oil contaminated soils investigation. A subsurface investigation of oil contaminated soils on and off the facility property shall be conducted based on a sampling plan submitted for Commissioner approval and relying on geo-probing, soil test pits, or other in-situ methods approved by the Commissioner to determine the depth and areal extent of oil contaminated soil, contamination concentrations, physical soil properties, depth to ground water and bedrock if feasible, presence and depth of a confining strata, and ground water contamination concentrations. Products of the oil contaminated soil investigation are to include estimates of the volume of soil posing a threat to receptors, and the mass of the oil contained in those soils.(d) When drinking water supplies or significant ground water sources are contaminated or at risk, a potential vapor intrusion risk to an occupied structure exists, the potential for contamination of a surface water body is present, or other site specific conditions require ground water quality and flow data for remediation decisions, the Commissioner may require the installation of ground water monitoring wells and submission of a ground water sampling plan. The following minimum data must be collected and logged during the boring and sampling of ground water monitoring wells: (i) Soil and subsoil conditions and types (described using the unified soil classification system);(ii) Presence and depth of confining strata;(iii) Presence and depth of free oil products;(iv) Depth of water table;(v) Presence and depth of bedrock; and(vi) Continuous split spoon logging screening for oil contaminated soils above the water table using the field methodology outlined in Appendix Q or another technique of comparable precision and reliability approved by the Commissioner.(e) Water quality sampling and analyses requirements include:(i) Each well must be properly developed and allowed to stabilize prior to sampling;(ii) Water samples shall be collected and analyzed for petroleum hydrocarbon fractions and target chemicals using the Massachusetts Department of Environmental Protection's volatile and extractable petroleum hydrocarbon laboratory methods. Other chemical analyses may be required by the Commissioner where needed to assess the extent of and the public health risk of contamination;(iii) Laboratory analysis of water samples must be conducted in accordance with the requirements of Appendix S; and(iv) At least 2 complete rounds of sampling are required from all monitoring points, including surrounding water supply wells, at least one month apart.(f) Nearby surface water bodies likely to be affected must be sampled and analyzed for oil.(5) Within 90 days of a Commissioner request to perform an initial contamination investigation, or another time period approved by the Commissioner, the owner, operator or other responsible parties shall submit a report of the findings and conclusions of the initial contamination investigation to the Commissioner for review and approval. The following data, results and conclusions must be included in the report: (a) Data and sample collection and analysis methods used;(b) Hydrogeological site description addressing the general geological setting of the site; potential and present contamination hazards; bedrock and overburden interconnection; extent and location of ground water and soil contamination; the direction and rate of contamination migration estimate of impacted aquifer properties including hydraulic conductivity, transmissivity and storativity; ground water and surface water resources at risk of contamination; identification of water supply wells contaminated or at imminent risk of contamination; and identification of receptors at risk of hydrocarbon vapor problems;(c) Soil, soil gas and indoor air, ground water and surface water quality data, including all field and laboratory data, and the relationship of measured contaminant levels to State of Maine and federal allowable contaminant standards or guidelines;(d) Minimum data and findings to be presented in tables, figures or appendices: (i) Detailed site/locus map;(ii) Geologic maps or cross sections to illustrate the site's geological setting;(iii) Ground water contour map;(iv) Geophysical survey map, if any;(v) Table or map showing water quality sampling results;(vi) Soil sampling results;(vii) Boring logs and well installation details; and(viii) All testing laboratory reports and results;(e) A conceptual site model integrating the findings of investigation work to date, evaluating exposure pathways and the risks to public health and environmental receptors including nearby surface waters, and identifying critical information gaps needed for remediation decision-making; and(f) Recommendations addressing the need and objectives for additional contamination investigation or monitoring, and the need for additional immediate abatement measures and/or corrective actions for long-term remediation of oil discharges.(6) Upon review of the initial investigation report, the Commissioner may require the owner, operator or other responsible party to undertake further investigations to determine the need, objectives and feasibility of long-term corrective actions, or the Commissioner may require responsible parties to undertake long-term corrective action in accordance with paragraph D below.D.Long-term corrective actions. The facility owner, operator or other responsible party may be required by the Commissioner to provide replacement potable drinking water, to mitigate the risk of contamination to private and public drinking water supplies or important ground water or surface water resources, to prevent human exposure to unhealthy petroleum vapors or soil contact, to control fire and explosion hazards, to protect or restore important biological resources, and to otherwise protect the public health, safety and the environment. Because of the site specific needs and objectives of long-term corrective actions, the owner, operator or other responsible party may be required by the Commissioner to submit for approval a long-term corrective action plan. In reviewing the corrective action plan the Commissioner will consider at a minimum the factors in section 12(A)(1).The schedule for submitting, the format, additional information needs, the overall contents and the objectives of the long-term corrective action plan will be determined by the Commissioner on a site by site basis. All required long-term remediation plans will identify feasible remediation alternatives and evaluate their long-term cost effectiveness in meeting the remediation objectives established by the Commissioner for an oil contamination site. Regardless of whether a facility owner or operator applies for and is eligible for coverage of their remediation costs from the Maine Ground and Surface Waters Clean-up and Response Fund under 38 M.R.S. §568-A, a capital and annual operating budget and implementation schedule for the recommended remediation alternative shall be submitted for the Commissioner's review and approval as part of the long-term remediation plan. Upon approval of the corrective action plan or as directed by the Commissioner, the facility owner, operator or other responsible party must implement the plan, including modifications to the plan made by the Commissioner. They must monitor, evaluate, and report the results of implementing the plan in accordance with the schedule and format established by the Commissioner.
E.Public information and participation requirements(1) At the time of submission to the Commissioner, copies of the discharge and leak investigation and confirmation report, the initial response and abatement report, the free product abatement plan, the initial contamination investigation report and the long-term corrective action plan must be sent by certified mail by the owner, operator or other responsible party to the chief municipal officer with jurisdiction or the county commissioners if in an unorganized township, who are responsible for ensuring these documents are available to the public for inspection at the municipal or county offices. The discharge and leak investigation and confirmation report and free product abatement plan also must be provided to the local fire chief with jurisdiction.(2) The owner, operator or other responsible party shall provide a copy of the discharge and leak investigation and confirmation report, and corrective action plan by certified mail to owners of land parcels abutting the facility, those members of the public directly affected by the release and those affected by the planned corrective action, and to holders of an easement or a right-of-way for an underground utility conduit on the facility or along a public or private road abutting the facility.(3) Prior to approving a long-term corrective action plan, the Commissioner may hold a public meeting to inform and to solicit comments from impacted residents, abutting landowners and local officials. The Commissioner shall provide written notice 7 days in advance of such a meeting to affected parties, including at a minimum impacted residents and the chief municipal officer, and the responsible parties, if known. When a long-term corrective action effort is to be terminated prior to meeting the objectives of the long-term corrective action plan, the Commissioner shall provide written notice by certified mail to the chief municipal officer with jurisdiction or the county commissioners if an unorganized township, and to residents who have suffered oil contamination.F.Environmental data analysis methods and quality assurance requirements(1) Water, soil, soil gas and air samples are to be analyzed in accordance with Appendix S; and(2) Samples are to be collected in accordance with laboratory method instructions, established environmental media sampling protocols, and a quality assurance plan approved by the Commissioner.G. The Commissioner may require ground water, soil and other environmental sample locations and quality data to be submitted in an electronic form compatible with the Maine Environmental Geographic and Analysis Database (EGAD). The format shall be provided by the Commissioner.H. Nothing in this section limits Department authority or discretion under 38 M.R.S. §568 to order or undertake immediate remedial or corrective action at sites where evidence of contamination by oil is present.06- 096 C.M.R. ch. 691, § 12