06-096 C.M.R. ch. 860, § 10 - Waste Oil Storage Facility Standards

A. Applicability of the Site Location of Development Law. The criteria for approval of a permit application pursuant to 38 M.R.S.A., Section481et seq., Site location of Development Law, shall apply to an application for a waste oil storage facility license under this rule. The findings and conclusions required to be made for issuance of a permit under the Site Law must be made for issuance of a license under this rule.

B. Rebuttable Presumption

(1) A waste oil storage facility located in the following areas is presumed to pose a serious threat to public health or welfare or to the environment such that a license for a facility cannot be issued. The presumption applies if:

(a) The facility or facility property overlies any portion of a surface or subsurface sand and gravel aquifer or its primary recharge zone or a high yield bedrock aquifer; or

NOTE: Maps of significant sand and gravel aquifers are available for portions of the State from the Maine Geological Survey, Department of Conservation, Augusta.

(b) The facility or facility property is located within 1,500 feet of any underground source of public drinking water or within 1,000 feet of any source of potable water for people or livestock; or

(c) The facility property is located on land defined as a wetland under statutes or regulations administered by the following Departments: Environmental Protection, Conservation (Land Use Regulation Commission-LURC), Inland Fisheries & Wildlife, Marine Resources or the State Planning Office; or

(d) The facility or facility property is located within 100 feet of any 100 year flood plain so designated by the Federal Insurance Agency or within 100 feet of the level of any documented flood of a greater magnitude; or

(e) The facility or facility property is located such that it may pose a threat to the fisheries, wildlife or other natural resources of a sanctuary, refuge, preserve, state or federal park, designated wilderness area, critical area or fish hatchery; or

(f) The facility property is located within the boundaries of a state or federal park or designated-wilderness area.

(2) An applicant seeking a license to establish, construct, alter or operate a waste oil storage facility in such a location must overcome this presumption by clear and convincing evidence that the facility is unique in some way that allows for compliance with the intent of this rule.

C. Environmental Performance Standards. All waste oil storage facilities shall be located, designed, constructed, altered, operated, maintained, and closed in a manner that will ensure protection of public health and welfare and the environment. Protection of public health and welfare and the environment shall include, but not be limited to:

(1) prevention of adverse effects on ground water quality;

(2) prevention of adverse effects on surface water quality;

(3) prevention of adverse effects on air quality; and

(4) prevention of adverse effects due to migration of waste constituents in the subsurface environment.

D. Design Standards

(1) The waste oil handling areas of a waste oil storage facility must be fenced at the perimeter and access to the site must be controlled.

(2) The waste oil loading, unloading and storage areas of the facility must have a base which is a firm working surface, such as asphalt or concrete. It must be impervious and must be kept entire. Run-off from these areas must be collected and is subject to the waste discharge requirements of the Department's Bureau of Water Quality Control as applicable.

(3) Each storage area must have a containment and collection system the effective capacity of which is not less than the greater of:

(a) 20% of the total capacity of all containers and tanks, or

(b) 110% of the capacity of the largest container or tank.

(4) A tank which is used for the storage of waste oil must be designed and installed so that it can be fully inspected for structural integrity, deterioration and leaks except that a tank whose base cannot be fully inspected must be designed and installed above an impermeable flexible membrane liner. The liner must have undergone compatibility testing with waste oil or have been shown through previous testing or research to be compatible with those components commonly comprising waste oil. The liner must have a minimum thickness of 30 mils. The Department may consider the use of a clay liner if the applicant can demonstrate that it will provide the same level of protection as a synthetic liner.

(5) All tanks used for the storage of waste oil must meet Underwriter Laboratories, Inc., "Standards for Steel Aboveground Tanks for Flammable and Combustible Liquids," UL-142 1981 as amended and must be installed in accordance with NFPA 30, "Flammable and Combustible Liquids Code" 1984.

(6) The storage of waste oil in underground tanks by a waste oil dealer is prohibited except that the Board may approve on a case by case basis the use of a tank which is an integral part of an oil/water separator if the Board finds that the applicant has made adequate provisions to protect the public health, safety and welfare and the environment.

(7) Storage or treatment of waste oil in a surface impoundment by a waste oil dealer is prohibited.

(8) All waste oil storage tanks must be equipped with a level sensing device and a high level alarm which is both audible and visible to the person filling the tank.

(9) All waste oil storage containers must be located and managed in a manner that allows access for inspection, fire or safety equipment and remedial action.

(10) The facility must meet all applicable requirements, codes, and standards of the Department of Public Safety (State Fire Marshal's Office).

E. Operational Requirements

(1) A tank shall not be used to store waste oil for a period of time which exceeds the design life of the tank.

(2) The operator of a waste oil storage facility must establish an inspection and maintenance program for the facility.

(a) Daily inspection shall be made to ensure that the working surface, containment and collection systems, pipes, pumps, valves, tanks, etc., are in good condition and free from cracks and leaks.

(b) All monitoring equipment, such as gauges and alarms, must be inspected weekly to insure that it is in good working order.

(c) Any equipment that is found to be malfunctioning or otherwise unsafe shall be taken out of service immediately. Any damage to containment and collection systems shall be repaired immediately.

(3) The owner or operator of a waste oil storage facility must maintain a written record and/or diagram showing the following:

(a) The layout of the facility and, if there are dedicated tanks, the location of each type of waste oil.

(b) Details of all inspections of and repairs to the tanks, piping, liners, containment and collection systems, and other waste oil transfer or storage equipment.

(c) Details of all accidents and spills, including date and time of discharge or discovery, date and time of reporting, volume of spill and method of cleanup. The record/diagram must be maintained at the facility. Copies of such records shall be made available to the Department upon request.

Notes

06-096 C.M.R. ch. 860, § 10