06- 096 C.M.R. ch. 691, § 4

Current through 2024-51, December 18, 2024

Section 096-691-4 - Registration of Underground Oil Storage Facilities

A. All underground oil storage tanks and facilities must be registered regardless of use, size or type of petroleum product stored therein and regardless of whether the tanks and facilities are in service or out of service.

B. A person may not install, or cause to be installed, a new or replacement underground oil storage tank, piping or facility without first having:

(1) filed registration materials with the Commissioner in accordance with subsection I, which materials have been deemed complete by the Commissioner at least 10 business days but no more than 2 years prior to installation;

(2) sent a copy of the materials and any subsequent amendments to the chief administrative official of the municipality having jurisdiction, or in the case of an unorganized township to the Maine Land Use Planning Commission (LUPC);

(3) retained a copy to be made available on site to Department employees, agents or authorized representative and to municipal officials; and

(4) paid the registration fee in accordance with subsection J.

C. No person may retrofit an existing underground oil storage facility with leak detection, overfill prevention equipment or other design or installation changes without first having filed a registration amendment in accordance with subsection M.

D. Registration materials that are not in conformance with this Chapter will not be accepted by the Commissioner.

E. Written acknowledgment from the Commissioner is acceptable evidence that a new, retrofitted or replacement tank or facility has been properly registered. The Commissioner will determine the completeness of the registration materials and notify the registrant within 10 business days of receipt.

F. A person who installs, or causes to be installed, a new or replacement underground storage facility, or retrofits an existing facility, after 10 business days of the Commissioner's receipt of the registration form, without first having received confirmation that the registration is complete, does so at the person's own risk. If it is determined that the facility was not installed in accordance with the regulations, the tank owner shall bring the facility into conformance with these regulations.

G. When an emergency situation occurs, the time requirement of subsection B may be waived by the Commissioner upon petition of a facility registrant if:

(1) the registrant can demonstrate to the Commissioner that an emergency situation exists; and

(2) the municipality or LUPC having jurisdiction has been notified by the registrant that the facility is being installed without the 10 day notice due to an emergency situation.

H. For existing facilities, the information required for registration must be submitted to the Commissioner and a copy provided to the chief administrative official of the municipality having jurisdiction, or in the case of an unorganized township to LUPC in accordance with this section. No person may operate, maintain or store oil in an underground oil storage facility, unless each underground oil storage tank at that facility has been properly registered with the Commissioner and a copy of the registration materials has been received by the chief administrative official of the municipality having jurisdiction, or in the case of an unorganized township to LUPC.

I. Registrations must be submitted on forms developed by the Commissioner and containing the following information:

(1) The name, mailing address and telephone number of the owner;

(2) The name, mailing address and telephone number of the operator;

(3) The name, street address and telephone number of the facility;

(4) The name, mailing address and telephone number of an individual to contact with questions on the registration materials submitted;

(5) The location of the facility compatible with the State of Maine Geographic Information System (GIS). If a new facility or a facility expansion, adequate GIS location information to determine if the facility meets the siting restrictions of theWellhead Protection Law,38 M.R.S. §§1391 - 1400 and Siting of Oil Storage Facilities, 06-096 C.M.R. ch. 692;

(6) The location of the facility relative to a sensitive geologic area, including:

(a) whether a private water supply exists within 300 feet of the tanks;

(b) if any person owns, operates, or utilizes any private water supply within 300 feet of the tanks;

(c) whether a public water supply exists within 1,000 feet of the tanks; and

(d) whether the facility is located on a significant ground water aquifer, as defined by this Chapter;

(7) The location of the facility relative to a 100 year flood plain as mapped by the Federal Emergency Management Agency (FEMA), or in the absence of such maps, as indicated by the presence of flood plain soils or the flood of record;

NOTE: FEMA maps are available at most municipal offices.

(8) The size of each tank and each internal storage compartments (if more than one) measured in gallons;

(9) The type of tank(s) and piping, including the materials used for construction and the type of pumping system;

(10) The type of product(s) stored in each tank;

(11) For a new or replacement facility or retrofitting of an existing facility, the installer's name, signature and certification number assigned by BUSTI;

(12) For a new or replacement facility, a site drawing of the facility containing the location of all new or replacement tanks, including:

(a) distance and direction measurements in the Universal Transverse Mercator (UTM) map projection using the North American Datum (NAD83) coordinate units in meters or in Latitude/Longitude decimal degree coordinates (not degrees in minutes and seconds) and have sub-meter accuracy and precision and that are sufficient to locate all underground portions of the facility;

(b) details of secondary containment and interstitial space leak detection monitoring equipment;

(c) locations of any monitoring wells;

(d) all piping associated with the new or replacement facility;

(e) the depth to ground water that would be encountered during the tank installation, if known; and

(f) the depth to bedrock that would be encountered during the tank installation, if known;

NOTE: The Maine Geological Survey Surficial Materials Map contains helpful information on determining likely depth to bedrock. The Department of Environmental Protection project files for underground storage tank sites and neighboring sites also contain helpful information on likely depth to groundwater and bedrock. These two sources should be consulted prior to filing a registration form for a new installation in order to assist the Maine Certified Underground Oil Storage Tank Installer with water management and excavation planning.

(13) The best estimate of the date of installation for each existing tank and its warranty expiration date, if available;

(14) For new and replacement tanks, the expiration date of the tank manufacturer's warranty;

(15) For retrofitting an existing underground oil storage facility, the information required in paragraphs 1, 2, 3, 4, 8, 9, 11 and 12 above must be provided on the required registration amendment, as well as information on the type of leak detection, overfill prevention, or other equipment to be installed;

(16) Any other information required by federal law or regulation; and

NOTE: The Federal Resource Conservation and Recovery Act, 42 U.S.C. §§ 6991-6991 a requires an underground tank notification program and specifies informational requirements for that program. Registration forms meeting all federal and state informational requirements are available from the Department. A tank owner is not required to send a copy of the completed form to EPA in addition to the Commissioner.

(17) Certification of the accuracy of the information by the tank owner or the owner's permanent full time employee. The certification cannot be signed by the installer or other subcontractor, unless the tank is owned by the installer.

J.Registration fees. The owner or operator of an underground oil storage facility shall pay a registration fee every three years to the Commissioner of $100 for each tank located at the facility, except that single family homeowners are not required to pay a fee for a tank at their personal residence. Registration payments must be paid on or before January 1st of every third calendar year upon receipt of a bill from the Commissioner in order to maintain an effective registration for the upcoming three years. Registrations for new tanks shall include payment of the three year registration fee. Registration of a replacement facility shall not require that an additional fee be paid or accompany the registration amendment if the registration fee has been previously paid.

K. It is the responsibility of the facility owner to register all tanks. Where the facility owner cannot be determined, or is disputed, it is the responsibility of the property owner to register all facilities and tanks located on the property.

L.Registration number. The Commissioner will assign a unique registration number to each facility and to each tank at a facility. These registration numbers shall be provided to the owner or operator and shall be used for re-registration every three years and in all subsequent correspondence regarding registered facilities and tanks. The owner or operator shall post the registration number or certificate in a prominent location at the facility.

M.Registration amendments. The owner or operator of an underground oil storage tank shall file an amended registration form with the Commissioner and LUPC or municipality having jurisdiction whenever there is a change in the information required pursuant to section 4(I). Such amendments must be received by the Commissioner within 10 business days of the change, except that amendments for installation of leak detection, overfill and spill protection, other underground oil storage facility equipment, the reinstallation of tanks, or the retrofitting of secondary containment in an existing tank must be submitted at least 10 business days before installation. No amendment is required for repairs. No amendment is required for facility abandonment or closure but instead notice must be provided to the Commissioner in accordance with section 11 of this Chapter. There is no fee for filing an amended registration.

NOTE: A change in the facility ownership or operator requires the submission of a registration amendment. See section 4(P) regarding filing amended registration forms.

N.Supplier notification requirement. Any person who sells a tank intended to be installed as an underground oil storage tank shall notify the purchaser in writing of the purchaser's registration obligations under this section.

O. Wherever these rules require that information or notice be submitted to the Commissioner or Department, failure to provide such notice or information in the manner required by this Chapter or providing false information constitutes a violation of this Chapter.

P.Notifications at time of facility sale or transfer. Prior to the sale or transfer of any real estate where an underground oil storage facility is located, the owner of the real estate shall file a written notice with the purchaser or transferee. The notice shall disclose the existence of the underground oil storage facility, its registration number or numbers, the real estate where the facility is located, whether or not the facility has been abandoned in place and that the facility is subject to this Chapter, including the registration requirements of this section. A change in facility ownership requires the new owner or operator to amend the facility registration within 10 business days of the transfer of ownership by providing the Commissioner written notice of the change, including the facility name and registration number; and the name, mailing address and telephone number of the new owner.

06- 096 C.M.R. ch. 691, § 4