Siting of underground and aboveground oil storage tanks

The Maine Department of Environmental Protection is responsible for protecting public health and the environment, in particular groundwater. The purpose of siting of underground and aboveground oil storage facilities is to protect drinking water resources from oil contamination by controlling the location of oil storage facilities consistent with legislative policy under Wellhead Protection, 38 M.R.S. § 1391.

For the siting of Facilities in Wellhead Protection Zones, the commissioner may grant a variance from the prohibition on siting new facilities near drinking water supplies as found in Waters and Navigation, Ch. 13(D): Wellhead Protection, 38 M.R.S.§§1391-1400 and Siting of Oil Storage Facilities, 09-096 Ch. 692 where certain conditions are met. In considering whether to grant a variance, the Commissioner may consider the importance of the groundwater resource, any engineering or monitoring measures proposed by the applicant, the geology of the site and other relevant factors.

Maine law also prohibits the installation of underground oil storage tanks and aboveground oil storage tanks within significant sand and gravel aquifers mapped by the Maine Geological Survey unless a variance is granted by the Department of Environmental Protection. Waters and Navigation, Ch. 13(D): Wellhead Protection, 38 M.R.S. § 1391and Siting of Oil Storage Facilities, 09-096 Ch. 692 (last amended August 7, 2019).

The applicant’s initial contact with the Department should include the following information:

  • Planned facility location: you will need the exact location of the facility for Department siting review.
  • Contact information: who is the main contact for the project.
  • Anticipated timeline to start the project: Siting variance application submission to completion of the siting variance is typically a 180-day timeline but could be longer depending on the complexity of the project.
  • Site history: Does the site have a history of previously active underground or aboveground tanks being located on the property.

For more information you may contact Dan Wehr at 207-287-3547.