Section 096-695-5 - Registration of Underground Hazardous Substance Storage FacilitiesA.Applicability. All underground hazardous substance storage tanks ("tanks") and underground hazardous substance storage facilities ("facilities") must be registered with the Department and the local fire department within whose jurisdiction the tank or facility is located regardless of the size or use of the tanks or facilities, or the type of hazardous substance stored in the tanks or facilities, or whether or not the tanks or facilities are out-of-service.B. Registration Procedures(1) The owner of an underground hazardous substance storage facility shall register such a facility with the Department and the local fire department by filing a registration form provided by the Department which is completed in accordance with this Section. The registration form shall be filed at least 10 business days prior to installation of the facility. The information required to be provided on the registration form by the owner shall include but not be limited to the following: (a) The name, mailing address, and telephone number of the owner of the underground hazardous substance storage facility to be registered;(b) The name, mailing address, and telephone number of the operator of the underground hazardous substance storage facility to be registered;(c) The name, location, and telephone number of the business or residence where the facility will be located. A description of the location of the facility must include allocation map or a description sufficient for the Department to locate the facility an the most recent U.S. Geological Survey typographical map of the area;(d) The name, mailing address, and telephone number of an individual to contact regarding the registration materials submitted;(e) Documentation that the facility meets the requirements for financial assurance or insurance as specified in Section 12 of this regulation;(f) The size of each tank measured in gallons;(g) The type of each tank, associated piping, and pump system, including the type of materials used for construction;(h) The name of the hazardous substances and product(s) stored or contained in each tank and Chemical Abstracts Registry Service Numbers for the hazardous substances;(i) The name and certification number of the underground hazardous substance storage tank installer who will install the tank and piping, or the name and registration number of the Maine registered professional engineer who will certify that the installation meets the requirements of this rule;(k) For a new or replacement tank or facility, a site drawing of the facility which includes the location of all new or replacement tanks, including distance and direction measurements that are sufficient to locate all underground portions of the facility; details of any secondary containment, leak detection, cathodic protection or monitoring (including anodes, wiring) measures as required by sections 6, 7, 8 or 9 of this rule; and locations of all piping associated with the facility; (1) The expected date of installation for the each tank or facility; or, if installed prior to the effective date of this rule, the age or date of installation;(m) Certification by the tank owner or the owner's designated representative and the certified underground hazardous substance storage tank installer supervising the installation on site or the Maine registered professional engineer certifying the installation that: (i) New or replacement tanks, piping and ancillary equipment meet the requirements of sections 3, 6, 7, 8 and 9 of this rule;(ii) Primary and secondary containment materials likely to be in contact with the hazardous substance stored are compatible with the hazardous substance stored according to written documentation provided by the manufacturers of the primary and secondary containment structures; and(iii) The information provided on this form is accurate and complete to their best knowledge and belief.(n) Certification by the tank owner and operator. or by the owner's and operator's designated representatives, that the requirements of Section 12 of this rule have been met; and(o) Any other information required by federal law or regulations.(2) Registration forms not completed in accordance with this section will not be accepted by the department and the facility will not be considered properly registered. NOTE: 1984 Amendments to Federal law (Subtitle I of the Resource Conservation and Recovery Act, Section 9002 et seq.) mandate a Federal underground tank notification program and specify informational requirements for that program. Registration forms used by the Department meet all Federal and State informational requirements. A tank owner is not required to send a copy of the completed form to the U. S. Environmental Protection Agency so long as the facility has been properly registered with the Department.
(3) Material safety data sheets as defined in Section 4(DD) for the hazardous substance(s) being stored shall be submitted to the Department and the fire department in whose jurisdiction the facility Is located along with the registration form.(4) Upon registration of the facility, the Department will provide a registration certificate and unique registration number for each underground hazardous substance storage facility or tank as acknowledgment that the facility or tank has-been registered with the Department. The owner or operator of the facility shall then display the registration certificate at all times in a prominent location at the facility location.(5) The owner or operator of an underground hazardous substance storage facility shall immediately file an amended registration form with the Department and a copy to the fire department in whose jurisdiction the facility is located when ever there is any change in the information submitted on the facility's registration form on file with the Department including a change-in-service. If the change includes new or replacement tanks, piping or ancillary equipment the amended information shall be accompanied by the certifications required under Sections 5(B)(1)(m) and (n).(6) The owner or operator of the facility shall make available a copy of the facility's registration certificate for inspection on site by the Department, its authorized representatives and authorized municipal or public safety officials.(7) Where the facility owner cannot be determined or is disputed it shall be the responsibility of the owner of the real estate which includes the facility to register the tank or facility.C. Registration Fees(1) The owner or operator of an in-service or out-of-service underground hazardous substance storage facility that has not been closed in accordance with Section 13 shall pay the annual fee of $100.00 to the Department for each tank. The initial fee payment shall accompany the initial registration form. Annual fees thereafter shall be paid on or before January 1 of each calendar year.(2) If an owner or operator fails to pay the appropriate fee by the due date, the owner or operator must pay a late payment fee of three times the amount otherwise owed.(3) The owner or operator of a facility is not required to pay a fee for an amended registration form filed with the Department.(4) The fee shall be paid by check or money order to the: Department of Environmental Protection, Bureau of Remediation and Waste Management, 17 SHS, Augusta, ME 04333. NOTE: The facility's registration number should be placed on the check or money order to assure proper credit of payment.
D.Required notice prior to sale or transfer(1) The owner or operator of an in-service or out-of-service underground hazardous substance tank or facility or the real estate which includes such tank or facility shall provide the following information to prospective buyers or lessees of the real estate, tank or facility in writing before entering into a purchase and sale agreement, option agreement, lease or any contract transferring rights in or responsibilities for the real estate, tank or facility: (a) The property includes an underground hazardous substance storage tank or facility;(b) The registration number of the facility;(c) The location of the facility;(d) The facility is subject to regulation by the Department including registration and annual fee requirements; and(e) Whether or not the facility has been closed in place and whether or not the closure was completed in accordance with Section 13 of this regulation. NOTE: Although not required to do so under this provision, the facility owner is encouraged to record the Notice in the Registry of Deeds for the county where the facility is located to secure a record of the owner's compliance with the notice requirements.
(2) Any person who sells a tank to be used as an underground hazardous substance storage tank shall notify the purchasers of such tank of the owner's registration obligations under this section.06- 096 C.M.R. ch. 695, § 5