Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 695 - RULES FOR UNDERGROUND HAZARDOUS SUBSTANCE STORAGE FACILITIES
Section 096-695-5 - Registration of Underground Hazardous Substance Storage Facilities
Universal Citation: 06 ME Code Rules ยง 096-695-5
Current through 2024-38, September 18, 2024
A. 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;
(j)
Repealed.
(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.
Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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