Subchapter 2-B: OIL STORAGE FACILITIES AND GROUND WATER PROTECTION
§563-B. Regulatory powers of department
In addition to the rule-making authorities otherwise set forth in this subchapter, the board may adopt rules related to the
following matters: [1987, c. 491, §10 (NEW).]
1.Investigation and removal.
Procedures, methods, means and equipment to be used in the investigation of discharges and the removal of oil and petroleum
pollutants. The rules:
A. Must allow the facility from which a prohibited discharge has occurred to return to service while corrective action is taken
unless the commissioner determines that a return to service would result in a threat to public health and safety; [1991, c. 763, §2 (NEW).]
B. Upon abandonment or replacement of an underground tank or facility, must require site assessment to be conducted or supervised
by a state-certified geologist or registered professional engineer only when that tank or facility is located in a sensitive
geologic area; and [1991, c. 763, §2 (NEW).]
C. May not require site assessments for a farm or residential tank of 1,100 gallons or less capacity used for storing motor
fuel for the sole use of the owner or operator of the facility; [1991, c. 763, §2 (NEW).]
1991, c. 763, §2 (AMD)
2.Inventory analyses; precision testing; leak detection methods.
Procedures and methods to be used in conducting statistical inventory analyses, underground oil storage facility precision
testing and other leak detection methods. The rules must allow owners or operators of facilities undergoing routine monitoring
in the absence of any other evidence of a leak:
A. To check the accuracy of complete statistical inventory data within 75 days of receipt by the commissioner of the initial
statistical analysis by rerunning analyses before inconclusive reports are considered to be a failure of the tank or piping; [1991, c. 763, §3 (NEW).]
B. To check for failures in any mechanical and electronic monitoring devices within 3 working days of an indication of failure
before it is considered a failure of the tank or piping; [1991, c. 763, §3 (NEW).]
C. To engage in procedures under paragraphs A and B before requiring the precision testing of facility components; and [1991, c. 763, §3 (NEW).]
D. To check the accuracy of a failed or inconclusive precision test of facility components before the commissioner may order
the excavation of the facility or any portion of the facility. An owner or operator is allowed 2 weeks to schedule a repeat
of the precision test; [1991, c. 763, §3 (NEW).]
1991, c. 763, §3 (AMD)
Hearings related to clean-up orders issued pursuant to section 568; and
1987, c. 491, §10 (NEW)
4.Third-party damage claims.
Procedures to be used in filing and processing of 3rd-party damage claims.
1987, c. 491, §10 (NEW)
1987, c. 491, §10 (NEW).
1989, c. 865, §9 (AMD).
1991, c. 763, §§2,3 (AMD).
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