06-096 C.M.R. ch. 574, § 2 - Applicability

A. New storage area. A storage area registered with the department by an owner or operators after October 1, 1999 is considered a new storage area and must comply with the registration, siting and operational requirements of this chapter regardless of whether the storage area existed prior to October 1, 1999. An owner or operator may be any person as defined at 38 M.R.S.A. §361-A(4).

B. State and private Priority 4 and Priority 5 storage areas. Storage areas owned or operated by state or federal governments or other public or private entities and classified as Priority 4 or Priority 5 on the "Project Priority List for State and Private Sand/Salt Storage Areas" adopted by the Board of Environmental Protection on September 21, 2000 (Appendix A) must comply with the operational requirements of this chapter, as provided in 38 M.R.S.A. §413(2-D).

C. Exemptions. The following storage areas are exempt from the requirements of this chapter.

(1) A storage area that contains 100 cubic yards or less of sand-salt mixture at any time.

(2) A storage area classified as Priority 1, Priority 2 or Priority 3 on the project priority lists adopted by the Board of Environmental Protection on or before September 21, 2000 and in compliance with the facility construction and operation schedule established in 38 M.R.S.A. §451-A(1-A). A facility is considered to be "in operation" as described in 38 M.R.S.A. §451-A(1-A)(E) when all salt and sand-salt piles at the storage area have been relocated to a building or buildings.

(3) A storage area owned or operated by a municipality or county and classified as Priority 4 or Priority 5 on the "Project Priority List for Municipal and County Sand/Salt Storage Areas" by the Board of Environmental Protection on either March 16, 2000 or September 21, 2000, as provided in 38 M.R.S.A. §451-A(1-A).

Notes

06-096 C.M.R. ch. 574, § 2