Maine Revised Statutes Title 38. Waters and Navigation § 563-B. Regulatory powers of department

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;

B. Upon abandonment or replacement of an underground tank or facility, must require site assessment to be conducted or supervised by a state-licensed geologist or registered professional engineer only when that tank or facility is located in a sensitive geologic area; and

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;

A. To check the accuracy of complete statistical inventory data within 30 days of receipt by the commissioner of the initial statistical reconciliation by rerunning reconciliations before inconclusive reports are considered to be a failure of the tank or piping;

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;

C. To engage in procedures under paragraphs A and B before requiring the precision testing of facility components; and

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;