CHAPTER 216
H.P. 657 - L.D. 857
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 38 MRSA §568-A, sub-§1, ¶E, as enacted by PL 1989, c. 865, §15 and affected by §§24 and 25, is amended to read:
E. An applicant is not eligible for coverage under this section if the applicant has any one or combination of the following relationships with an entity that owns or operates an oil refinery:
(1) Is owned directly by or directly owns that entity;
(2) Is a franchisee of that entity;
(3) Is a member of a partnership or limited partnership that includes that entity;
(4) Is a subsidiary of that entity; or
(5) Is a parent corporation of that entity.
An applicant is not subject to this exclusion from coverage for discharges discovered after September 30, 2001 or if its sole relationship with the entity is a contractual agreement to purchase oil from the entity exclusively for retail sale or for the applicant's consumption.
Sec. 2. 38 MRSA §568-A, sub-§2, ¶A, as amended by PL 1999, c. 531, Pt. A, §1 and affected by §2, is further amended to read:
A. Standard deductibles are calculated under this paragraph based on the number of underground storage facilities or the capacity of gallons owned by the aboveground storage facility owner at the time the covered discharge is discovered. Standard deductibles are as follows.
(1) For expenses related to a leaking underground oil storage facility, the deductible amount is determined in accordance with the following schedule:
Number of underground |
Deductible |
1 |
$2,500 |
2 to 5 |
5,000 |
6 to 10 |
10,000 |
11 to 20 |
25,000 |
21 to 30 |
40,000 |
over 30 |
62,500 |
(2) For expenses related to a leaking aboveground oil storage facility, the deductible amount is determined in accordance with the following schedule:
Total aboveground |
Deductible |
Less than 1,320 |
$500 |
1,321 to 50,000 |
2,500 |
50,001 to 250,000 |
5,000 |
250,001 to 500,000 |
10,000 |
500,001 to 1,000,000 |
25,000 |
1,000,001 to 1,500,000 |
40,000 |
greater than 1,500,000 |
62,500 |
(3) For facilities with both aboveground and underground tanks when the source of the discharge can not be determined or when the discharge is from both types of tanks, the standard deductible is the applicable amount under subparagraph (1) or (2), whichever is greater.
Sec. 3. 38 MRSA §569-A, sub-§5, ¶E, as enacted by PL 1995, c. 399, §11 and affected by §21, is amended to read:
E. If the fund balance is reduced to $3,000,000 $5,000,000 or less, the Fund Insurance Review Board may adopt rules increasing the fees imposed under paragraph A by up to 10¢ 20¢ per barrel for gasoline and up to 5¢ 10¢ per barrel for other petroleum products, except liquid asphalt and #6 fuel oil, as necessary to avoid a shortfall in the fund. The board may use the emergency rule-making procedures under Title 5, section 8054 if necessary to ensure that the fee increase is instituted in time to avoid a shortfall. Any fee increase adopted pursuant to this paragraph terminates and the fees imposed under paragraph A apply when the fund balance reaches $5,000,000 $7,000,000.
Sec. 4. Allocation. The following funds are allocated from Other Special Revenue funds to carry out the purposes of this Act.
2001-02 2002-03
ENVIRONMENTAL PROTECTION, DEPARTMENT OF
Remediation and Waste Management
All Other $18,750 $18,750
Allocates additional funds from the Ground Water Oil Clean-up Fund to cover previously exempted clean-up costs.
Effective September 21, 2001, unless otherwise indicated.
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