Sec. 1. 38 MRSA §561, first ¶, as enacted by PL 1985, c. 496, Pt. A, §14, is amended to read:

The Legislature finds that significant quantities of oil are being stored in underground storage facilities; that leaks and unlicensed discharges from these facilities pose a significant threat to the quality of the waters of the State, including the ground water groundwater resources; that protection of the quality of these waters is of the highest importance; and that their protection requires proper siting, design and installation of new and replacement underground oil storage facilities, as well as monitoring, maintenance and operating procedures for existing, new and replacement facilities.

Sec. 2. 38 MRSA §563-B, sub-§§3 and 4, as enacted by PL 1987, c. 491, §10, are amended to read:

3. Hearings. Hearings related to clean-up orders issued pursuant to section 568; and

4. Third-party damage claims. Procedures to be used in filing and processing of 3rd-party damage claims.; and

Sec. 3. 38 MRSA §563-B, sub-§5, is enacted to read:

5.__Facility siting.__The geographic location of new underground oil storage facilities used to store motor fuels or used in the marketing and distribution of oil, when the board considers such rules necessary to reduce hazards and threats to drinking water sources and sensitive geologic areas.__Rules adopted pursuant to this subsection are major substantive rules pursuant to Title 5, chapter 375, subchapter II-A.

SUMMARY

This bill minimizes contamination of sensitive geologic areas by authorizing the Board of Environmental Protection to adopt rules governing the siting of underground oil storage tanks.