Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 692 - SITING OF OIL STORAGE FACILITIES
Section 096-692-2 - Definitions
Current through 2024-38, September 18, 2024
The following terms as used in this Chapter have the following meaning:
A. Aboveground heating oil supply tank. "Aboveground heating oil supply tank" means an aboveground oil storage tank that is connected directly to an oil-burning heating appliance and is used solely to store heating oil.
B. Aboveground oil storage facility. "Aboveground oil storage facility" means any aboveground oil storage tank or tanks, together with associated piping, transfer and dispensing facilities located over land or water of the State at a single location for more than 4 months per year and used or intended to be used for the storage or supply of oil. Oil terminal facilities, as defined in 38 M.R.S.§542(7) are not included in this definition.
C. Aboveground oil storage tank. "Aboveground oil storage tank" means any aboveground container, less than 10 percent (%) of the capacity of which is beneath the surface of the ground, that is used or intended to be used for the storage or supply of oil. Included in this definition are any tanks situated upon or above the surface of a floor and in such a manner that they may be readily inspected. Drums or other storage containers that have a capacity of 60 gallons or less and oil-containing electrical equipment are not included in this definition.
D. Bulk plant. "Bulk plant" means an intermediate fuel oil distribution facility with truck loading racks.
E. Chapter 34. "Chapter 34" means the Department of Public Safety Rules and Regulations for Flammable and Combustible Liquids, 16-219 C.M.R. ch. 34.
F. Chapter 691. "Chapter 691" means the Department of Environmental ProtectionRules for Underground Oil Storage Facilities, 06-096 C.M.R. ch. 691.
G. Commissioner. "Commissioner" means the Commissioner of the Department of Environmental Protection.
H. Community drinking water well."Community drinking water well" means a public drinking water well that supplies a community water system as defined under 22M.R.S.§2660-B(2).
I. C.M.R." C.M.R." means the Code of Maine Regulations.
J. Department. "Department" means the Department of Environmental Protection composed of the Board of Environmental Protection and the Commissioner.
K. Double-walled tank."Double-walled tank" means a tank with inner and outer walls separated by an interstitial space that allows detection and containment of leaks.
L. Fire marshal. "Fire Marshal" means the Office of the State Fire Marshal in the Department of Public Safety.
M. Marketing and distribution facility. "Marketing and distribution facility" means any underground and/or aboveground oil storage facility where oil is stored for eventual resale.
N. M.R.S. "M.R.S." means the Maine Revised Statutes.
O. Oil. "Oil" means oil, oil additives, petroleum products and their by-products of any kind and in any form including, but not limited to, petroleum, fuel oil, sludge, oil refuse, oil mixed with other nonhazardous waste, crude oils and all other liquid hydrocarbons regardless of specific gravity. "Oil" does not include propane, liquefied natural gas or other liquefied petroleum that is a gas at ambient temperatures.
P. Oil storage facility. "Oil storage facility" or "facility" means an aboveground oil storage facility or an underground oil storage facility.
Q. Person. "Person" means any natural person, firm, association, partnership, corporation, trust, the State and any agency of the State, government entity, quasi-governmental entity, the United States and any agency of the United States and any other legal entity.
R. Private drinking water well. "Private drinking water well" means a well that is used to supply water for human consumption and that is not a public drinking water well.
S. Public drinking water well. "Public drinking water well" means a drinking water supply well for a public water system as defined in 22 M.R.S.§2601(8).
T. Public drinking water supply. "Public drinking water supply" means any well or other source of water that furnishes water to the public for human consumption for at least 15 connections, regularly serves an average of at least 25 individuals daily at least 60 days out of the year, or that supplies bottled water for sale.
U. Significant sand and gravel aquifer. "Significant sand and gravel aquifer" means a porous formation of ice-contact and glacial outwash sand and gravel that contains significant recoverable quantities of water likely to provide drinking water supplies. For the purposes of this Chapter, surficial deposits with moderate to good potential ground water yield expected to yield 10 or more gallons per minute but no more than 50 gallons per minute are generally defined as moderate yield while surficial deposits with good to excellent ground water yield expected to yieldgreater than 50 gallons per minute are generally defined as high yield.
V. Underground oil storage facility. "Underground oil storage facility" means any underground oil storage tank or tanks, as defined in subsection W, below, together with associated piping and dispensing facilities located under any land at a single location and used, or intended to be used, for the storage or supply of oil, as defined in this Chapter. Underground oil storage facility also includes piping located under any land at a single location associated with above ground storage tanks and containing 10% or more of the facility's volume capacity.
W. Underground oil storage tank. "Underground oil storage tank" means any container, 10% or more of its volume being beneath the surface of the ground and which is used, or intended to be used, for the storage, use, treatment, collection, capture or supply of oil as defined in this subchapter, but does not include any tanks situated in an underground area if these tanks or containers are situated upon or above the surface of a floor and in such a manner that they may be readily inspected. For the purpose of this Chapter, "underground oil storage tank" does not include underground propane storage tanks, underground oil-water separators, storm water and emergency catch basins, and hydraulic lift tanks. An overflow tank associated with an oil-water separator is considered an underground oil storage tank.
X. Wellhead protection zone. "Wellhead protection zone" means:
