Wellhead Protection (Maine Revised Statutes: Title 38 - Waters and Navigation; Chapter 13-D)

Title 38: WATERS AND NAVIGATION Chapter 13-D: WELLHEAD PROTECTION Table of Contents Section 1391. DECLARATION OF POLICY............................................................................... 3 Section 1392. DEFINITIONS.......................................................................................................... 3 Section 1393. PROHIBITION ON INSTALLATION OF FACILITIES IN WELLHEAD PROTECTION ZONES.................................................................................................................. 4 Section 1394. VARIANCES............................................................................................................ 5 Section 1395. INSTALLATION REQUIREMENTS FOR ABOVEGROUND HEATING OIL SUPPLY TANKS IN THE WELLHEAD PROTECTION ZONE OF A COMMUNITY DRINKING WATER WELL......................................................................................................... 6 Section 1396. FINANCIAL ASSISTANCE FOR UPGRADING ABOVEGROUND OIL STORAGE TANKS OR FACILITIES.......................................................................................... 7 Section 1397. ENFORCEMENT..................................................................................................... 7 Section 1398. ELIGIBILITY FOR CLEAN-UP FUNDS............................................................. 7 Section 1399. MUNICIPAL AUTHORITY................................................................................... 8 Section 1400. RULES....................................................................................................................... 8 | i MRS Title 38, Chapter 13-D: WELLHEAD PROTECTION Text current through November 1, 2018, see disclaimer at end of document. ii | Maine Revised Statutes Title 38: WATERS AND NAVIGATION Chapter 13-D: WELLHEAD PROTECTION §1391. DECLARATION OF POLICY The Legislature finds and declares it to be the policy of the State, consistent with its duty to protect the health, safety and welfare of its citizens, to establish a coordinated statewide program to protect drinking water wells from contamination by oil or hazardous waste. The Legislature further finds that spills of oil and hazardous waste pose a significant risk to groundwater quality and that the handling of those substances near drinking water wells should be restricted to reduce the risk of contamination. [2007, c. 569, §6 (NEW).] SECTION HISTORY 2007, c. 569, §6 (NEW). §1392. DEFINITIONS As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [2007, c. 569, §6 (NEW).] 1. 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. [ 2007, c. 569, §6 (NEW) .] 2. Aboveground oil storage facility. "Aboveground oil storage facility" has the meaning set out in section 562-A, subsection 1-A. [ 2007, c. 569, §6 (NEW) .] 3. Aboveground oil storage tank. "Aboveground oil storage tank" has the meaning set out in section 562-A, subsection 1-B. [ 2007, c. 569, §6 (NEW) .] 4. Community drinking water well. "Community drinking water well" means a public drinking water well that supplies a community water system as defined under Title 22, section 2660-B, subsection 2. [ 2007, c. 569, §6 (NEW) .] 5. 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. [ 2007, c. 569, §6 (NEW) .] 6. Hazardous waste. "Hazardous waste" means any substance identified as hazardous waste by the board pursuant to section 1319-O. [ 2007, c. 569, §6 (NEW) .] Generated 1.25.2019 §1391. Declaration of policy | 3 MRS Title 38, Chapter 13-D: WELLHEAD PROTECTION 7. Oil. "Oil" has the meaning set out in section 562-A, subsection 15. "Oil" does not include liquefied natural gas or other liquefied petroleum that is a gas at ambient temperatures. [ 2007, c. 569, §6 (NEW) .] 8. 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. [ 2007, c. 569, §6 (NEW) .] 9. Public drinking water well. "Public drinking water well" means a drinking water supply well for a public water system as defined in Title 22, section 2601, subsection 8. [ 2007, c. 569, §6 (NEW) .] 10. Underground oil storage facility. "Underground oil storage facility" has the meaning set out in section 562-A, subsection 21. [ 2007, c. 569, §6 (NEW) .] 11. Wellhead protection zone. "Wellhead protection zone" means: A. In the case of a private drinking water well, the area within 300 feet of the well; and [2007, c. 569, §6 (NEW).] B. In the case of a public drinking water well, the greater of: (1) The area within 1,000 feet of the well; and (2) The source water protection area of the well if mapped by the Department of Health and Human Services as described under Title 30-A, section 2001, subsection 20-A. [2007, c. 569, §6 (NEW).] [ 2007, c. 569, §6 (NEW) .] SECTION HISTORY 2007, c. 569, §6 (NEW). §1393. PROHIBITION ON INSTALLATION OF FACILITIES IN WELLHEAD PROTECTION ZONES 1. Prohibition. Unless otherwise exempted pursuant to subsection 2: A. A person may not install an underground oil storage facility in a wellhead protection zone; and [2007, c. 569, §6 (NEW).] B. After September 30, 2008, a person may not install in a wellhead protection zone: (1) An aboveground oil storage facility; (2) An automobile graveyard as defined in Title 30-A, section 3752, subsection 1 or an automobile recycling business as defined in Title 30-A, section 3752, subsection 1-A; (3) An automobile body shop or other automobile maintenance and repair facility; (4) A dry cleaning facility that uses perchloroethylene; (5) A metal finishing or plating facility; or 4 | §1393. Prohibition on installation of facilities in wellhead protection zones Generated 1.25.2019 MRS Title 38, Chapter 13-D: WELLHEAD PROTECTION (6) A commercial hazardous waste facility as defined under section 1303-C, subsection 4. [2011, c. 206, §21 (AMD).] [ 2011, c. 206, §21 (AMD) .] 2. Exceptions. Subsection 1 does not apply to: A. A facility in existence on the effective date of the prohibition established under subsection 1; [2011, c. 206, §22 (AMD).] B. The replacement or expansion of an underground oil storage facility in existence on September 30, 2001 or a facility identified in subsection 1, paragraph B in existence on September 30, 2008 as long as the replacement or expansion occurs on the same property, the facility meets all applicable requirements of law and, in the case of replacement, the facility owner: (1) Within 30 days after removal of the existing facility, notifies the commissioner and municipal code enforcement officer in writing of the owner's intent to replace the facility; and (2) Commences construction of the replacement facility within 2 years after removal of the existing facility; [2011, c. 206, §23 (AMD).] C. The conversion of an aboveground oil storage facility in existence on September 30, 2001 to an underground oil storage facility or vice versa, as long as the conversion occurs on the same property and the facility to be converted meets all applicable requirements of law; [2007, c. 569, §6 (NEW).] D. The installation of an oil storage facility used solely to store heating oil for consumption on the premises, including the installation of an aboveground heating oil supply tank; or [2007, c. 569, §6 (NEW).] E. The installation of a facility located on the same property as a well serving only users of that property. [2007, c. 569, §6 (NEW).] This subsection may not be interpreted to allow the conversion, replacement or expansion of an underground oil storage tank or underground oil storage facility subject to the abandonment requirement under section 566 A. [ 2011, c. 206, §§22, 23 (AMD) .] SECTION HISTORY 2007, c. 569, §6 (NEW). 2009, c. 501, §17 (AMD). 2011, c. 206, §§21-23 (AMD). §1394. VARIANCES The provisions of this section govern the granting of a variance from the prohibitions under section 1393. [2007, c. 569, §6 (NEW).] 1. Community drinking water well, private drinking water well or well that supplies school. In the case of a community drinking water well, a private drinking water well or a well that supplies drinking water to a school, the commissioner may grant a variance from the prohibition of section 1393 if the applicant demonstrates that no hydrogeologic connection exists between the proposed facility and the water supply at issue. [ 2007, c. 569, §6 (NEW) .] 2. Public drinking water well that is not community drinking water well or does not supply school. In the case of a public drinking water well other than a community drinking water well or a drinking water well supplying drinking water to a school, the commissioner may grant a variance from the prohibition of Generated 1.25.2019 §1394. Variances | 5 MRS Title 38, Chapter 13-D: WELLHEAD PROTECTION section 1393 if the commissioner determines that the engineering and monitoring measures proposed by the applicant exceed regulatory requirements and will effectively minimize the likelihood of drinking water contamination due to the discharge of oil or hazardous waste. [ 2007, c. 569, §6 (NEW) .] 3. Determination. In considering whether to grant a variance under this section, the commissioner may consider the importance of the groundwater resource, the hydrogeology of the site and other relevant factors. [ 2007, c. 569, §6 (NEW) .] 4. Procedure. The commissioner shall provide public notice and an opportunity for public comment on each variance request. The commissioner may deny a variance request or approve the request with or without conditions. The decision must be in writing with findings sufficient to explain the basis of the decision. The decision may be appealed to the board under section 341-D, subsection 4, paragraph A. [ 2007, c. 569, §6 (NEW) .] SECTION HISTORY 2007, c. 569, §6 (NEW). §1395. INSTALLATION REQUIREMENTS FOR ABOVEGROUND HEATING OIL SUPPLY TANKS IN THE WELLHEAD PROTECTION ZONE OF A COMMUNITY DRINKING WATER WELL Effective July 1, 2009, a person may not install an aboveground heating oil supply tank in the wellhead protection zone of a community drinking water well unless the tank: [2007, c. 569, §6 (NEW).] 1. Double-walled or secondary containment. Is a double-walled tank or has secondary containment approved by the commissioner; [ 2007, c. 569, §6 (NEW) .] 2. Independent testing authority. And any secondary containment are listed and approved by a nationally recognized, independent testing authority; and [ 2007, c. 569, §6 (NEW) .] 3. Licensed professional. Is installed by a journeyman or master oil and solid fuel burning technician licensed by the Maine Fuel Board under Title 32, section 18132 or 18133 or, in the case of an outside tank serving manufactured housing, by any person licensed by the Maine Fuel Board under Title 32, section 18140 to install such tanks. [ 2009, c. 344, Pt. D, §14 (AMD); 2009, c. 344, Pt. E, §2 (AFF) .] The requirements of this section do not apply to tanks with a capacity of more than 660 gallons or to tanks at an aboveground oil storage facility with an aggregate tank capacity of more than 1,320 gallons. The requirements of this section are in addition to any other installation standards provided for in law or rule. [2007, c. 569, §6 (NEW).] SECTION HISTORY 2007, c. 569, §6 (NEW). 2009, c. 344, Pt. D, §14 (AMD). 2009, c. 344, Pt. E, §2 (AFF). 6 | §1395. Installation requirements for aboveground heating oil supply tanks in the wellhead protection zone of a community drinking water well Generated 1.25.2019 MRS Title 38, Chapter 13-D: WELLHEAD PROTECTION §1396. FINANCIAL ASSISTANCE FOR UPGRADING ABOVEGROUND OIL STORAGE TANKS OR FACILITIES The commissioner may disburse money from the Maine Ground and Surface Waters Clean-up and Response Fund to retrofit, repair or replace aboveground oil storage tanks or aboveground oil storage facilities in a wellhead protection zone when the commissioner determines that action is necessary to abate an imminent threat to the well. Disbursements must be made in the manner provided under section 551, subsection 5, paragraphs N and O and are subject to the annual disbursement limitations of those paragraphs. [2015, c. 319, §40 (AMD).] SECTION HISTORY 2007, c. 569, §6 (NEW). 2015, c. 319, §40 (AMD). §1397. ENFORCEMENT In addition to other enforcement actions allowed under state law, the commissioner may issue an administrative order after providing a notice of violation for failure to comply with the requirements of this chapter and after providing a reasonable opportunity to correct the violation. The administrative order may include, but is not limited to, a requirement that the owner or operator of the facility cease operation of the facility that is the subject of the violation until the violation has been corrected. [2007, c. 569, §6 (NEW).] 1. Service. Service of the commissioner's administrative order under this section must be made by hand delivery by an authorized representative of the department or by certified mailing, return receipt requested. [ 2007, c. 569, §6 (NEW) .] 2. Appeal. The person to whom the commissioner's administrative order under this section is directed shall comply immediately or within the time period specified in the order. That person may appeal the order to the board by filing a written petition within 5 working days after receipt of the order. Within 15 working days after receipt of the petition, the board shall hold a hearing on the matter. All witnesses at the hearing must be sworn. Within 7 working days after the hearing, the board shall make findings of fact and shall continue, revoke or modify the administrative order. The decision of the board may be appealed to the Superior Court in accordance with Title 5, chapter 375, subchapter 7. [ 2007, c. 569, §6 (NEW) .] SECTION HISTORY 2007, c. 569, §6 (NEW). §1398. ELIGIBILITY FOR CLEAN-UP FUNDS Clean-up costs and 3rd-party damages resulting from discharges from an aboveground oil storage facility or an underground oil storage facility installed in violation of section 1393 are not eligible for coverage by the Maine Ground and Surface Waters Clean-up and Response Fund under sections 551 and 568-A. [2015, c. 319, §41 (AMD).] SECTION HISTORY 2007, c. 569, §6 (NEW). 2015, c. 319, §41 (AMD). Generated 1.25.2019 §1397. Enforcement | 7 MRS Title 38, Chapter 13-D: WELLHEAD PROTECTION §1399. MUNICIPAL AUTHORITY This chapter may not be construed to prevent a municipality from imposing siting restrictions more stringent than the prohibitions in this chapter or in rules adopted by the board. [2007, c. 569, §6 (NEW).] SECTION HISTORY 2007, c. 569, §6 (NEW). §1400. RULES Subject to Title 5, chapter 375, the department may adopt rules as it determines necessary to implement this chapter. Rules adopted pursuant to this section are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A. [2011, c. 538, §14 (NEW).] SECTION HISTORY 2011, c. 538, §14 (NEW). The State of Maine claims a copyright in its codified statutes. 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PLEASE NOTE: The Revisor's Office cannot perform research for or provide legal advice or interpretation of Maine law to the public. If you need legal assistance, please contact a qualified attorney. 8 | §1400. Rules Generated 1.25.2019