Out of Service and Temporarily Out of Service Facilities
All underground hazardous substance storage facilities and tanks that have been, or are intended to be, taken out-of-service for a period of more than twelve (12) consecutive months shall be properly closed in accordance with this rule within 90 days unless the tank owner has received written permission from the Department of Environmental Protection to remain temporarily out of service in accordance with the requirements of Section 13 (A)(5). All out of service facilities regardless of the length of time they have been or will continue to be out of service must be in compliance with all Sections of this rule. Closure of out-of-service underground hazardous substance storage facilities must be supervised by an independent Maine-registered professional engineer with demonstrated education and experience in underground storage tank installation or removal or with demonstrated education and experience in hazardous waste clean-up or management.
When a facility is out-of-service for 3 consecutive months or more owners and operators must comply with the following requirements:
- All product must be removed using commonly employed practices so that no more than one inch of residue or 0.3% by weight of the total capacity of the facility remains in the facility;
- Vent pipes must be open and functioning;
- All other piping, pumps, manways and ancillary equipment must be capped and secured. Product shall be removed from piping, pumps, manways, and ancillary equipment to the extent it is technically feasible; and
- Leak detection equipment must remain in operation during the out-of-service period or the facility must be properly closed in accordance with the requirements of Section 13.
- All corrosion protection equipment shall remain in operation in accordance with this rule.
For a facility to remain temporarily out of service for more than twelve (12) months, the tank owner or operator must receive written approval from the Department. Written approval to remain out of service may remain in effect for up to twelve (12) months by which time the owner or operator must have received written permission from the Department for a twelve (12) month extension or must have closed the facility in accordance with this rule. All underground hazardous substance storage facilities taken out of service before the effective date of this rule must be permanently closed in accordance with this Section if the Department determines that any such facility poses a current or potential threat to human health safety, welfare or the environment.
The owner or operator of a facility or tank which is to be closed shall notify the Department and the local fire department having jurisdiction. This notice shall be in writing and received by the Department at least thirty (30) days prior to closure.