A. 06-481 CMR c. 1 Sec. 4.A.(1)(a)
1. Cognizance of first responsibility to public health, safety and welfare, and the environment.
2. Not applicable for direct penalty; use as factor in assessing penalties for specific citations as discussed elsewhere in this document.
B. 06-481 CMR c. 1 Sec. 4.A.(1)(b).
1. Installations and removals to conform with accepted technical standards and safeguard the life, health, property, safety and welfare of the public and the environment.
2. Not applicable for direct penalty; use as factor in assessing penalties for specific citations as discussed elsewhere in this document.
C. 06-481 CMR c. 1 Sec. 4.A.(1)(c).
1. Notification of appropriate authorities when judgement is overruled under circumstances where the life, health, property, safety or welfare of the public or the environment is endangered.
2. Not applicable for direct penalty; use as factor in assessing penalties for specific citations as discussed elsewhere in this document.
3. Use penalties identical or slightly reduced from technical violation accomplished by certified person under 06-481 CMR c. 1 Sec. 4.A.(1)(b).
D. 06-481 CMR c. 1 Sec. 4.A.(1)(d).
1. Objectivity, truthfulness, and completeness in professional reports, statements, or testimony.
2. Recommended penalty.
a) Minimum penalty; warning and probation involving condition to revise or retract statements or testimony.
b) Maximum up to $1000 civil penalty
c) Factor for consideration.a) Damage caused by statement(s) or testimony.
E. 06-481 CMR c. 1 Sec. 4.A.(1)(e).
1. Expression of opinion publicly only when it is founded upon an adequate knowledge of the facts and a complete evaluation of the subject matter.
2. Unenforceable provision.
F. 06-481 CMR c. 1 Sec. 4.A.(1)(f).
1. Prohibition against statements, criticisms or arguments on technical matters which are sponsored or paid for by interested parties, unless they explicitly identify the interested parties and reveal any interest.
2. Recommended penalty.
a) Minimum; Warning and conditional probation, including disclosure of sponsor and/or return of payment.
b) Maximum up to $800 civil penalty.
3. Factor for consideration.a) Potential damage of statements, criticism, or arguments.
G. 06-481 CMR c. 1 Sec. 4.A.(1)(g).
1. Prohibition against the use of installer's/remover's name or association in business ventures with any person or firm engaging in fraudulent or dishonest business or professional practices.
2. Recommended penalty.
a) Minimum 60 days suspension and $1000 civil penalty.
b) Maximum surrender, refusal to renew, or revocation of certificate.
3. Factors for consideration.
a) Degree to which installer/remover had knowledge of fraudulent or dishonest business or professional practices.
H. 06-481 CMR c. 1 Sec. 4.A.(1)(h).
1. Reporting of known violations of the Board's Code of Ethics and Standards of Practice.
2. Recommended penalty.
a) Minimum equal to penalty assessed to the installer/remover who committed violation(s).
3. Factors for consideration.
a) Nature of direct violation to code of ethics or standards of practice.
b) Knowledge available to installer/remover regarding whether or not other violation occurred.
I. 06-481 CMR c. 1 Sec. 4.A.(2)(a).
1. Undertaking of only those assignments for which the installer/remover is qualified.
2. Recommended penalty.
a) Minimum; $250 civil penalty.
b) Maximum; loss of certificate in severe cases.
3. Factors for consideration.
a) Whether or not installer was directly involved.
b) Degree to which installer was involved in installation or removal; was every item inspected before burial.
J. 06-481 CMR c. 1 Sec. 4.A.(2)(b).
1. Prohibition against affixing installer's/remover's signature to any installations not accomplished under their direct control and personal supervision.
2. Recommended penalty.
a) Minimum $800 civil penalty.
b) Maximum $1500 civil penalty, 90 days suspension.
3. Factors for consideration.
a) Degree to which installer/remover assumed some direct control and personal supervision.
K. 06-481 CMR c. 1 Sec. 4.A.(2)(c).
1. Full prior disclosure of potential conflicts of interest or other circumstances which could influence installers'/removers' judgement or the quality of their service.
2. Recommended penalty.
a) Minimum warning.
b) Maximum $500 civil penalty, 30 days suspension.
3. Factors for consideration.
a) Nature of conflict of interest.
b) Degree to which judgement or service was affected.
L. 06-481 CMR c. 1 Sec. 4.A.(2)(d).
1. Prohibition of accepting double payment for a service.
2. Recommended penalty.
a) Minimum civil penalty equal to the lesser of the amount of double payment or maximum penalty assessable by the Board, and Conditional probation requiring return of one of the two payments.b)
3. Factors for consideration.
a) Whether it was double payment or merely two parties splitting one payment.
M. 06-481 CMR c. 1 Sec. 4.A.(3)(a).
1. Prohibition against falsification or misrepresentation of installer's/remover's education or experience.
2. Recommended penalty.
a) If such falsification or misrepresentation included obtaining or keeping a certificate, see "fraud," above.
b) If falsification was to client or customer:
1) Minimum; warning and
2) conditional probation requiring disclosure to client, customer, and/or specific competitors on a job.
N. 06-481 CMR c. 1 Sec. 4.A.(3)(b).
1. Prohibition against offering or making "kick-backs."
2. Recommended penalty.
a) Minimum civil penalty equal to the lesser of the Board's maximum civil penalty or the amount of the kickback.
b) Maximum 90 days suspension added onto minimum, or loss of certificate.
3. Factors for consideration.
a) Amount of kickback.
b) Damage caused by kickback.
O. 06-481 c. 1 Sec. 4.A.(3)(c).
1. Injuring reputation of other installers falsely or maliciously.
2. Recommended penalty.
a) Minimum warning; b) condition and probation including public apology.
P. 06-481 c. 1 Sec. 4.B.
1. Failing to submit apprenticeship verification on time.
2. Recommended penalty.-Accept with civil penalty of $100 per form or don't accept at all, depending on preference of apprentice.
A. 38 MRSA Sec. 413.
1. Discharging silt.
2. Recommended penalty.
a) Minimum $500 civil penalty and condition on probation to clean discharge if possible.
3. Factors for consideration.
a) Amount of discharge.
b) Sensitivity of receiving water.
c) Difficulty in cleaning up.
d) Whether or not installer/remover mitigated action prior to investigation.
B. 38 MRSA Sec. 543, 548, 561, 06-096 CMR c. 691 Sec. 5..11.b (marketing and distribution or other motor fuel facility), 06-096 CMR c. 691 Sec. 6.C.1 (on-site consumption of heating oil facilities), 06-096 CMR c. 691 Sec. 7.C.4 (waste oil).
1. Discharging or suffering a discharge of oil; failing to report discharge.
2. Recommended penalty.
a) Minimum $1000 civil penalty and 60 days suspension, condition on probation to clean discharge if possible.
b) Maximum; loss of certificate.
3. Factors for consideration.
a) Amount of discharge.
b) Sensitivity of receptors.
c) Potential for public health and safety issues.
d) Difficulty in cleaning up.
e) Whether or not installer/remover mitigated action prior to investigation.
C. 38 MRSA Sec. 563.1.A, 06-096 CMR c. 691 Sec. 4.B (installation), 06-096 CMR c. 691 Sec. 4.C (retrofit), 06-096 CMR c. 691 Sec. 5.A.2.a (marketing and distribution or other motor fuel facility), 06-096 CMR Sec. 6.C.3 (on-site consumption of heating oil facility), 06-096 CMR Sec. 7.B.1 (waste oil facility), 06-096 CMR c. 691 Sec. 9.B.4.a (heavy oil).
1. Installation or retrofit of unregistered underground oil storage tank or facility.
2. Recommended penalty.
a) Minimum $250 civil penalty and condition on probation to ensure complete registration of facility.
D. 38 MRSA Sec. 563.8, 06-096 CMR c. 691 Sec. 5.B.4.f (marketing and distribution and other motor fuel) 06-096 CMR c. 691 Sec. 6.B.4.i (on-site consumption of heating oil), 06-096 CMR c. 691 Sec 7.B.9 (waste oil).
1. Failure to submit certification of proper installation.
2. Recommended penalty. Minimum $250 civil penalty and condition on probation to ensure complete submittal.
E. 38 MRSA Sec. 564.1.A., 06-096 CMR c. 691 Sec. 5.B.2 (marketing and distribution or other motor fuel tanks), 38 MRSA Sec. 565.1.A, 06-096 CMR c 691 Sec. 6.B.2 (on-site consumption of heating oil), 06-096 CMR c. 691 Sec. 7.B.4 (waste oil), 06-096 CMR c. 691 Sec. 9.B.2 (heavy oil).
1. Installation not equipped with secondary containment, continuous interstitial space monitoring, and/or not properly designed suction system.
2. Recommended penalty.
a) Minimum $1000 civil penalty and condition on probation to retrofit..
b) Maximum; $1500 civil penalty, 90 day suspension or loss of certificate.
3. Factors for consideration.
a) Nature of specific deficiency.
b) Whether or not violation caused discharge.
F. 38 MRSA Sec. 564.1.A, 06-096 CMR c. 691 Sec. 5.B.5.a (marketing and distribution or other motor fuel tanks) and Sec. 6.C.1 (on-site consumption of heating oil tanks), Appendix D para. 8.
1. Failure to anchor where required.
2. Recommended penalty.
a) Minimum $1000 civil penalty and condition on probation to ensure anchoring of facility.
b) Maximum up to 90 days suspension add on.
3. Factors for consideration.
a) Difficulty in determining seasonal high ground water level or location of floodplain.
b) Potential for significant effects to public health, safety, environment.
G. 38 MRSA Sec. 564.1.A (marketing or distribution or other motor fuel facility), or Sec. 565.1.A (on-site consumption of heating oil facility): 06-096 CMR c. 691 Sec. 5.B.1.a(i) (marketing and distribution or other motor fuel tank facility), 06-096 CMR c. 691 Sec. 5.B.6.b. (marketing and distribution or other motor fuel facility piping), 06-96 CMR c. 691 Sec. 6.B.1 & 2 (on-site consumption of heating oil tank), 06-096 CMR Sec. 6.B.6.b (on-site consumption of heating oil piping), 06-096 CMR Sec. 7.B.2 (waste oil facility).
1. Installation of tank or facility not provided with corrosion protection.
2. Recommended penalty.
a) Minimum penalty
1) Warning.
2) Probation condition to repair or replace problem.
3) Probation condition to obtain additional continuing education on corrosion.
b) Maximum penalty:
1) $1500 civil penalty.
2) 90 day suspension or loss of certificate.
3) Probation condition to repair or replace problem, or to pay for such work if combined with suspension or loss of certificate.
3. Factors for consideration.
a) Examples of minor violations:
1) Inadvertently isolating fittings.
2) Providing poor electrical connections.
3) Missing a spot in pipe coat.
b) Examples of major violations:
1) Bare steel tank.
2) Bare steel piping.
3) Failing to attach anodes.
4) Failing to coat pipe run.
c) Additional factor; degree to which tank owner/operator was a party to violation.
H. 38 MRSA Sec. 564.1.B, 06-096 CMR c. 691 Sec. 5.B.5.a and Appendix D para 1 (tanks), 06-096 CMR c. 691 Sec. 5.B.6.a and Appendix E para. 1 (piping) (marketing and distribution and other motor fuel facilities), 06-096 CMR c. 691 Sec. 6.B.5.A (tanks), 6.B.6.a and Appendix E para. 1 (piping) (on-site consumption of heating oil tanks), 06-096 CMR c. 691 Sec. 9.B.4.e (heavy oil).
1. Failure to follow nationally accepted codes during installation.
2. Recommended penalty.
a) Minimum warning and probation condition to retrofit.
b) Maximum $1500 civil penalty and 90 day suspension or loss of certificate.
3. Factors for consideration.
a) Implications of offense to public health, safety and the environment.
b) Avoided cost of failure to adhere to code.
I. 38 MRSA Sec. 564.1-A, 06-096 CMR cl 691 Sec. 5.C (marketing and distribution and other motor fuel facilities), 06-096 CMR c. 691 Sec 6.B.2. and 6.B.4.h (on site consumption of heating oil).
1. Failure of leak detection system to meet performance standards.
2. Recommended penalty
a) Minimum $800 civil penalty and probation condition to retrofit or repair.
b) Loss of certificate in cases where failure resulted in discharge and environmental impairment.
J. 38 MRSA Sec. 564.1-B, 06-096 CMR c. 691 Sec. 5.B.3 and 5.B.7 (marketing and distribution and other motor fuel facilities), 38 MRSA Sec 565.1.B-1, 06-096 CMR c. 691 Sec. 6.B.3 (on-site consumption of heating oil; over 1,100 gallons only), 06-096 CMR c. 691 Sec. 7.B.7, 06-096 CMR c. 691 Sec. 9.B.3 (heavy oil).
1. Failure to install overfill and spill prevention equipment which meets performance standards.
2. Recommended penalty. minimum $500 civil penalty and probation condition to retrofit and repair.
3. Factors for consideration. Whether or not violation resulted in threat to public safety, health, or the environment.
K. 38 MRSA Sec. 564.1.C., 06-096 CMR c. 691 Sec. 5.A.4 (Not applicable for installations after P.L. 1991, c. 494).
1. Additional monitoring requirements for marketing and distribution tanks/facilities in sensitive geologic areas.
2. Recommended penalty.
a) Minimum $800 civil penalty and probation condition to retrofit monitoring.
b) Maximum up to 90 days suspension add on.
3. Factors for consideration.
a) Whether or not any form of monitoring was attempted to be installed.
L. 38 MRSA Sec. 564.2-A.C, 06-096 CMR c. 691 Appendix D para. 1, 06-096 CMR c. 691 Sec. 5.B.3 & 4, 06-096 CMR c. 691 Sec. 5.A.3.c. (marketing and distribution or other motor fuel piping), 06-096 CMR c. 691 Sec. 6.C 1 (on-site consumption of heating oil tanks), 06-096 CMR c. 691 Sec. 6.D.2 (on-site consumption of heating oil piping), 06-096 CMR c. 691 Sec. 6.B4.d (on-site consumption of heating oil facilities), 06-096 CMR Sec. 7.C.1 (waste oil facilities).
1. Appurtances for cathodic protection monitoring.
2. Recommended penalty. Minimum $250 civil penalty, probation condition to retrofit monitoring, and probation condition to obtain additional continuing education in cathodic protection.
3. Factors for consideration.
a) Whether or not any attempt was made to install such appurtances.
M. 38 MRSA Sec. 564.3.A, 06-096 CMR Sec. 5.B.9.
1. Replacement of tanks at facilities where leaks have been detected (marketing and distribution or other motor fuel only).
2. Recommended penalty.
a) Minimum $1000 civil penalty and probation condition to correct situation..
b) Up to 90 days suspension for especially serious violations provided it does not conflict with probation.
N. 38 MRSA Sec. 565.1.C, 06-096 CMR c. 691 Sec. 6.C.5.
1. Monitoring wells for on-site consumptive use facilities over 1,100 gallons.
2. Recommended penalty. Minimum $800 civil penalty and probation condition to retrofit wells.
O. 38 MRSA Sec. 566, 06-096 CMR c. 691 Sec. 8.C.1 & 2. (Not applicable after P.L. 1989 c. 865)
1. Abandonment of underground storage tank in place (when it should have been removed).
2. Recommended penalty. Minimum $800 civil penalty and probation condition to remove tank.
P. 38 MRSA Sec. 566-A.1, 06-096 CMR Sec. 8.D.
1. 30 (10 days prior to P.L. 1991, c. 66) day notice prior to abandonment of facility.
2. Recommended penalty. Minimum penalty warning.
3. Factors for consideration.
a) Possible existence of emergency situation.
b) Whether or not notice was attempted.
E. 06-096 CMR c. 691 Sec. 5.B.1(iii) (marketing and distribution or other motor fuel facility), 06-096 CMR c. 691 Sec. 6.B.1.D (on-site consumption of heating oil), 06-096 CMR c. 691 Sec. 7.C.7 (waste oil), 06-96 CMR c. 691 Sec. 9.B.1.b (heavy oil).
1. Construction materials not chemically and/or physically compatible with the product to be stored.
2. Recommended penalty. Minimum penalty $800 civil penalty and probation condition to repair or retrofit.
3. Factors for consideration.
a) Parts of facility not compatible.
b) Significance of potential discharge on public safety, health, and the environment.
F. 06-096 CMR c. 691 Sec. 5.B.4.c (marketing and distribution or other motor fuel), 06-096 CMR c. 691 Sec. 6.B.4.g.
1. Installation of tank or piping within 1 foot of bedrock.
2. Recommended penalty. Minimum $1000 civil penalty and probation condition to repair or retrofit.
G. 06-096 CMR c. 691 Sec. 5.B.4.d (Marketing and distribution and other motor fuel), 06-096 CMR c. 691 Sec. 6.B.4.f (on site consumption of heating oil).
1. Installation of an impressed current cathodic protection system without a certified engineer.
2. Recommended penalty. Minimum penalty warning; a wide range of circumstances may exist to justify up to maximum penalties
3. Factors for consideration.
a) Whether or not installer was directly involved.
b) Degree to which installer was involved in installation or removal; was every item inspected before burial.
H. 06-096 CMR c. 691 Sec. 5.B.4.g (marketing and distribution or other motor fuel), Sec. 6.B.4 (on-site consumption of heating oil), 06-096 CMR Sec. 7.B.8 (waste oil).
1. Warrantee required for the installation of used tanks and piping.
2. Recommended penalty. Minimum $1000 civil penalty and probation condition to repair or retrofit.
I. 06-096 CMR c. 691 Sec. 5.B.5.a (marketing and distribution or other motor fuel tanks) and Sec. 6.B.5.a (on-site consumption of heating oil tanks), Appendix D paras. 2 and 3.
1. Proper amount, type and treatment of backfill; proper cover.
2. Recommended penalty. Minimum $800 civil penalty, probation condition to correct.
3. Factors for consideration.
a) How bad was the bad backfill.
J. 06-096 CMR c. 691 Sec. 5.B.5.a (marketing and distribution or other motor fuel tanks) and Sec. 6.B.5.b (on-site consumption of heating oil tanks), Appendix D para. 4.
1. Tank installation to conform to manufacturer's instructions.
2. Recommended penalty. Minimum $300 civil penalty, probation condition to correct.
3. Factors for consideration.
a) Degree to which installation was compromised.
b) Whether or not State standards were also violated.
K. 06-096 CMR c. 691 Sec. 5.B.5.a (marketing and distribution or other motor fuel tanks) and Sec. 6.B.5.a (on-site consumption of heating oil tanks), Appendix D para. 5 and Appendix C.
1. Air test required for tanks prior to installation.
2. Recommended penalty. Minimum $800 civil penalty, probation condition that installer arranges for and pays for a precision test.
L. 06-096 CMR c. 691 Sec. 5.B.5.a (marketing and distribution or other motor fuel tanks) and Sec. 6.B.5.b (on-site consumption of heating oil tanks), Appendix D para. 5.
1. Removal of temporary supports prior to final backfilling.
2. Recommended penalty. Minimum penalty $800 civil penalty; probation condition to correct.
M. 06-096 CMR c. 691 Sec. 5.B.5.a (marketing and distribution and other motor fuel tanks) and Sec. 6.B.5.a (on-site consumption of heating oil tanks), Appendix D para. 7.
1. Wiring to conform to ME electrical code.
2. Recommended penalty. Minimum penalty $1200 and 60 days suspension.
3. Factors for consideration.
a) Degree of threat of explosion.
N. 06-096 CMR c. 691 Sec. 5.B.5.b (marketing and distribution or other motor fuel facilities), 06-096 CMR c. 691 Sec. 6.B.4.d (on-site consumption of heating oil facilities), 06-096 CMR c. 691 Sec. 9.B.4.d (heavy oil).
1. Replacement of nonconforming or damaged portions of a facility during repair or retrofit.
2. Recommended penalty.
a) Minimum $1200 civil penalty and probation condition to ensure repair or retrofit.
b) Add on up to 90 days suspension or loss of certificate in severe cases.
3. Factors for consideration.
a) Public safety, health, and environmental implications of nonconforming parts that were installed.
O. 06-096 CMR c. 691 Sec. 5.B.6.a. (marketing and distribution facilities or other motor fuel), 06-096 CMR Sec. 6.D.1. (on-site consumption of heating oil facilities), App. E para 2.
1. Proper trench size and backfill for piping.
2. Recommended penalty. Minimum $800 civil penalty and probation condition to repair or retrofit.
3. Factors for consideration.
a) How bad was the bad backfill.
P. 06-096 CMR c. 691 Sec. 5.B.6.a. (marketing and distribution facilities or other motor fuels, 06-096 CMR Sec. 6.D.1. (on-site consumption of heating oil facilities), App. E para 2, App. B or C.
1. Hydrostatic or pneumatic pipe testing required before piping placed in service.
2. Recommended penalty. Minimum $800 civil penalty and probation condition to replace piping at installer's expense.
Q. 06-096 CMR c. 691 Sec. 5.B.6.a. (marketing and distribution or other motor fuels), 06-096 CMR Sec. 6.D.1. (on-site consumption of heating oil facilities), App. E para 4.
1. Removal of temporary supports prior to backfilling of piping.
2. Recommended penalty. Minimum $800 civil penalty and probation condition to correct.
R. 06-096 CMR c. 691 Sec. 5.B.6.a (marketing and distribution facilities or other motor fuels), 06-096 CMR Sec. 6.D.1. (on-site consumption of heating oil facilities), App. E para 5.
1. Unsafe placement of vent for Class I storage facility.
2. Recommended penalty. Minimum penalty $1200 and probation condition to correct.
S. 06-096 CMR c. 691 Sec. 5.B.6.a (marketing and distribution facilities or other motor fuels), App. E para 6.
1. Unsafe placement of fill piping for Class I storage facility.
2. Recommended penalty. Minimum $800 civil penalty and probation condition to correct.
T. 06-096 CMR c. 691 Sec. 5.B.6.a (marketing and distribution facilities and other motor fuels), 06-096 CMR Sec. 6.D.1. (on-site consumption of heating oil facilities), App. E para 7.
1. Lack of operational line leak detector on remote pumping systems.
2. Recommended penalty. Minimum $1000 civil penalty and probation condition to correct.
U. 06-096 CMR c. 691 Sec. 5.B.6.a (marketing and distribution and other motor fuel), App. E. para. 8.
1. Lack of crash valve under pressure pump.
2. Recommended penalty. Minimum $1200 civil penalty and probation condition to repair.
V. 06-096 CMR c. 691 Sec. 5.B.6.a (marketing and distribution or other motor fuel), 06-096 CMR Sec. 6.D.1. (on-site consumption of heating oil facilities), 06-096 CMR Sec. 6.D.3 (on-site consumption of heating oil facilities), App. E para 8.
1. Improperly sloped suction piping system or improper check valve placement on suction piping system.
2. Recommended penalty. Minimum $1000 penalty and probation condition to correct.
W. 06-096 CMR c. 691 Sec. 5.B.6.c (marketing and distribution or other motor fuel facilities), 06-096 CMR Sec. 6.D.3 (on-site consumption of heating oil facilities).
1. Failure to place piping in single trench.
2. Recommended penalty. Minimum penalty $400 and probation condition to correct.
3. Factors for consideration.
a) Degree to which layout permits proper design.
X. 06-096 CMR c. 691 Sec. 7.B.5 (waste oil facilities)
1. Prohibition against PVC secondary containment.
2. Recommended penalty Minimum $800 civil penalty and probation condition to correct.
Y. 06-096 CMR c. 691 Sec. 7.B.
1. Improper location of underground waste oil facilities.
2. Recommended penalty. Minimum $1200 civil penalty and probation condition to correct at installer's expense.
Z. CMR c. 691 Sec. 9.B.4.f.
1. Temperature monitoring required for fiberglass heavy oil tanks.
2. Recommended penalty. Minimum $800 civil penalty and probation condition to correct at installer's expense.
AA. 06-096 CMR c. 691 Sec. 11.C.2, App. J para 1, 06-096 CMR c. 691 App. K para. 3.
1. Exposure of top of tank; first step in removal and early step in abandonment in place..
2. Recommended penalty. Minimum $300 civil penalty.
BB. 06-096 CMR c. 691 Sec. 11.C.2, App. J para 2, 06-096 CMR App. K para 2..
1. Draining and flushing piping during underground tank removal or abandonment in place..
2. Recommended penalty.
a) Minimum $1000 civil penalty and 60 daysb) suspension, condition on probation to clean discharge if possible and applicable.
b) Maximum; loss of certificate.
3. Factors for consideration.
a) Amount of discharge.
b) Sensitivity of receptors.
c) Potential for public health and safety issues.
d) Difficulty in cleaning up.
e) Whether or not installer/remover mitigated action prior to investigation.
f) Whether or not piping sloped such that this can be done.
CC. 06-096 CMR c. 691 Sec. 11.C.2, App. J para 3, 06-096 CMR App. K para. 2.
1. Pumping and disposal of tank liquids during removal or abandonment in place.
2. Recommended penalty.
a) Minimum $1000 civil penalty and 60 days suspension, condition on probation to clean discharge if possible and applicable.
b) Maximum; loss of certificate.
3. Factors for consideration.
a) Amount of discharge (if applicable).
b) Sensitivity of potential receptors.
c) Potential for public health and safety issues.
d) Difficulty in cleaning up (if applicable).
DD. 06-096 CMR c. 691 Sec. 11.C.2, App. J para 4, 06-096 CMR c. 691 App. K para. 4.
1. Proper treatment of lines during removal or abandonment in place.
2. Recommended penalty. Minimum $800 civil penalty, 60 days suspension, and probation condition for training in tank removal.
3. Factors for consideration.
a) Whether or not a discharge remained undetected as a result.
b) Public health, safety, welfare, & environmental issues as a result of a discharge not being detected.
EE. 06-096 CMR c. 691 Sec. 11.C.2, App. J para 5, 6; 06-096 CMR c. 691 App. K para 5.
1. Inerting or purging of Class 1 tanks prior to removal or abandonment in place.
2. Recommended penalty. Minimum penalty loss of certificate.
FF. 06-096 CMR c. 691 Sec. 11.C.2, App. J para 7.
1. Plugging of holes after tank removal.
2. Recommended penalty. Minimum $800 civil penalty.
3. Factors for consideration.
a) Potential other violations, such as oil discharge.
GG. 06-096 CMR c. 691 Sec. 11.C.2, App. J para 8.
1. Removal of loose backfill prior to tank transport after removal.
2. Recommended penalty. Minimum $800 civil penalty.
3. Factors for consideration.
a) Whether or not accident resulted.
HH. 06-096 CMR c. 691 Sec. 11.C.2, App. J para 9.
1. Proper labelling of tank that has been removed prior to transport.
2. Recommended penalty. Minimum $300 civil penalty and probation condition to label if tank still exists.
II. 06-096 CMR c. 691 Sec. 11.C.2, App. J para 10.
1. Placement of vent hole of tank during transport.
2. Recommended penalty. Minimum $800 civil penalty.
JJ. 06-096 CMR c. 691 Sec. 11.C.2, App. J para 11.
1. Removal or treatment of piping during tank removal.
2. Recommended penalty. Minimum $800 civil penalty and probation condition to repair site.
KK. 06-096 CMR c. 691 Sec. 11.C.2, App. J para 12.
1. Approved site required for tank cleaning.
2. Recommended penalty. Minimum $300 civil penalty; wide range up to loss of certificate in severe cases.
3. Factors for consideration.
a) Hazard (safety and environmental) of site where tank(s) was (were) cleaned.
b) One time occurrence or routine practice of installer.
LL. 06-096 CMR c. 691 Sec. 11.C.2, App. J para 13.
1. Disposal options for removed underground tanks.
2. Recommended penalty. Minimum $300 civil penalty; wide range up to loss of certificate in severe cases.
3. Factors for consideration.
a) Hazard (safety and environmental) of disposal options used.
b) One time occurrence or routine practice of installer.
MM. 06-096 CMR c. 691 Sec. 11.C.2, App. J para 14, 06-096 CMR c. 691 Sec. 11.C.4.
1. Storage for removed underground tanks.
2. Recommended penalty.. Minimum $300 civil penalty; wide range up to loss of certificate in severe cases.
3. Factors for consideration.
a) Hazard (safety and environmental) of storage option(s) used.
b) One time occurrence or routine practice of installer.
NN. 06-096 CMR c. 691 Sec. 11.C.5.
1. Provisions for the sale of used underground tanks.
2. Recommended penalty. Minimum $800 civil penalty.
OO. 06-096 CMR c. 691 App. K para. 6
1. Improper filling or materials used to fill tank(s) abandoned in place.
2. Recommended penalty. Minimum $800 civil penalty with possible probation condition to fill with correct material or remove.
3. Factors for consideration.
a) Difficulty in meeting probation.
________________________________________________Dated:________________________________
Elmer F. Walker, Chairman
