J. A responsible party claimant is not eligible for compensation under this subsection for costs, expenses or damages related to the specific a discharge for which the if the commissioner determines that the claimant is a responsible party is determined responsible as defined under section 542, subsection 9-C.

Sec. 10. 38 MRSA §551, sub-§2, ¶M is enacted to read:

M.__The commissioner may dismiss a 3rd-party damage claim for untimely filing, for failure by the claimant to provide the information necessary to process the claim within 60 days after the claimant receives written notice that the claim is insufficient for processing or for ineligibility as determined by the commissioner under paragraph J.__A dismissal may be appealed to Superior Court in accordance with Title 5, chapter 375, subchapter 7.

Sec. 11. 38 MRSA §564, sub-§2-A, ¶H, as amended by PL 1993, c. 732, Pt. A, §2, is further amended to read:

H. Reporting to the commissioner any of the following indications of a possible leak or discharge of oil:

(1) Unexplained differences in daily inventory reconciliation values that, over a 30-day period, exceed 1.0% of the product throughput;

(2) Unexplained losses detected through statistical analysis of inventory records;

(3) Detection of product in a monitoring well or by other leak detection methods;

(4) Failure of a tank or piping precision test, hydrostatic test or other tank or piping tightness test approved by the department; and

(5) Discovery of oil off site on or under the premises or abutting properties, including nearby utility conduits, sewer lines, buildings, drinking water supplies and soil.

The rules may not require the reporting of a leak or discharge of oil above ground of 10 gallons or less that occurs on the premises, including, but not limited to, spills, overfills and leaks, when those leaks or discharges