Section 096-691-7 - Regulation of facilities for the underground storage of waste oilA.ApplicabilityThis section applies to any person, except a waste oil dealer, who stores or proposes to store waste oil in underground tanks. Waste oil dealers are subject to the Maine Waste Oil Management Rules, 06-096 C.M.R. ch. 860.
B.Design and installation standards for new and replacement facilities(1) All tanks and associated piping used for the underground storage of waste oil must be registered in accordance with section 4. (2) The installation of new and replacement tanks constructed of bare steel or asphalt coated steel is prohibited.(3) All new and replacement tanks must be installed by an underground oil storage tank installer who has been properly certified pursuant to 32 M.R.S. §§ 10001 - 10016.(4) New and replacement waste oil tanks, associated piping and other facility components routinely containing oil must be equipped with secondary containment with continuous interstitial space monitoring, designed and installed in accordance with section 5(B) except as provided below.(5) Piping for a new or replacement waste oil facility supplying a waste oil furnace or boiler may not use PVC piping for secondary containment but instead must be constructed of fiberglass, cathodically protected steel or other noncorrosive materials approved by the Commissioner.(6) Fill and removal pipes at new and replacement facilities must be installed with a spillbucket with a capacity of at least 15 gallons with a liquid tight seal around the fill pipe that will collect spillage during product delivery or withdrawal.(7) In addition to the siting restrictions of the Department's Rules for Siting Oil Storage Facilities, 06-096 C.M.R. ch. 692, and the Wellhead Protection Law,38 M.R.S. §§1391 - 1400, new and replacement underground waste oil facilities may not be located in the following areas: (a) Beneath a building or other permanent structure; or(b) Within 25 feet of a classified body of surface water.(8) No used or previously installed fiberglass, cathodically protected steel, or other tank meeting section 5(B) of this Chapter may be re-installed unless the owner has provided the Commissioner with satisfactory documentation that the manufacturer will warrant the tank or piping against internal and external corrosion and structural failure for a period of 10 years, after which the tank or piping must be properly abandoned in accordance with the requirements of section 11. Reinstallation of a tank or piping requires an amendment of the facility registration in accordance with section 4(M). The warranty documentation shall accompany the submission of the registration amendment. Used piping may not be reinstalled.(9) Certification of proper installation. Owners of new and replacement facilities shall ensure that the installer(s) provides certification to the Commissioner within 30 days of completion of installation that the facility's materials, design and installation are in compliance with the requirements of this Chapter. This certification must be provided in writing on a form provided by the Commissioner.(10) After July 1, 2019, a Certified Underground Oil Storage Tank Installer overseeing a tank removal must be trained in best management practices for erosion and sedimentation control by the Department or through an equivalent program approved by the Department.C.Operation, maintenance, testing and inspection requirements for existing, new and replacement facilities(1) All cathodically protected steel tanks, piping and other ancillary equipment must be operated, and maintained in accordance with section 5(D)(3) or (D)(4), and Appendix A.(2) Leak detection and overfill and spill prevention systems must be operated and maintained in accordance with the requirements of section 5(D).(3) The owner or operator shall report to the Commissioner any evidence of a possible leak or discharge, as defined in section 5(D)(10) within 24 hours from the time of discovery. A Certified Underground Oil Storage Tank Installer or Inspector finding evidence of a possible leak or oil discharge must report it to the facility owner or operator, and the Commissioner, as soon as possible, but no later than 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. All leaks and discharges must be cleaned up to the Commissioner's satisfaction and in accordance with the requirements of section 12. Notwithstanding the above, discharges of 10 or less gallons of oil, occurring above the surface of the ground onto a concrete or asphalt paved surface and not reaching ground water or surface waters of the State, do not need to 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 recording for each discharge the date of discovery, its source, the general location of the discharge on 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 is readily available for inspection upon request by personnel and authorized agents of the Commissioner within 24 hours. NOTE: To report a leak or discharge at any time, 24 hours a day, 7 days a week, call 1-800-482-0777.
(4) The owner or operator shall maintain a log at the facility, recording the date, results, and the individual conducting the annual tests of cathodic protection and leak detection systems.(5) Only waste oil tanks constructed of cathodically protected steel, fiberglass or another noncorrosive material approved by the Commissioner may be relined. Such tanks must be relined in accordance with section 5(D)(13). Repairs other than relining must be conducted in accordance with section 5(D)(14).(6) Waste oil may not be stored in a facility of a design and construction with which it is not chemically or physically compatible. Documentation demonstrating compatibility must be submitted to the Department and maintained in accordance with section 5(D)(12).(7) Hazardous substances as defined in the Uncontrolled Hazardous Substance Sites Law, 38 M.R.S. §1362(1), may not be added to or stored at a waste oil facility. NOTE: The addition of degreasers, solvents and other hazardous substances to a waste oil tank may make the waste oil a hazardous waste. Hazardous wastes must be stored, manifested, transported and disposed in accordance with the Department's Hazardous Waste Management Regulations, 06-096 C.M.R. ch. 850-858.
(8) All owners or operators of waste oil facilities shall provide financial responsibility coverage in accordance with the requirements of section 5(D)(15).(9) Maintenance of records. Required facility records and logs must be maintained and available in accordance with section 5(D)(16).(10) The owner must conduct an annual facility compliance inspection, correcting any deficiencies found in accordance with section 5(D)(17).D.Closure of waste oil storage facilities. Underground waste oil storage tanks and associated piping must be abandoned in accordance with section 11. All single-walled waste oil tanks and their associated piping must be taken out of operation and properly abandoned in accordance with section 11 by October 13, 2019.06- 096 C.M.R. ch. 691, § 7