Sec. A-1. 38 MRSA §568-A, sub-§2, ¶A, as amended by PL 1999, c. 504, §11, is further amended to read:
A. For purposes of this paragraph, the number of facilities or capacity in gallons owned by the facility owner must be determined at the time of the discovery of the discharge. A facility owner includes any entity that is directly owned by the facility owner or owns the facility owner; any entity of which the facility owner is a franchisee; any entity that is a member of a partnership or limited partnership that includes the facility owner; any entity of which the facility owner is a subsidiary corporation, a parent corporation or a sibling corporation; or any entity that is related, whether directly or indirectly, to a person who owns a majority of shares in any other entity described in this paragraph. Standard deductibles are as follows.
(1) For expenses related to a leaking underground oil storage facility, the deductible amount is determined in accordance with the following schedule:
Number of underground Deductible
storage facilities
owned by the facility owner
1 $2,500
2 to 5 5,000
6 to 10 10,000
11 to 20 25,000
21 to 30 40,000
over 30 62,500
(2) For expenses related to a leaking aboveground oil storage facility, the deductible amount is determined in accordance with the following schedule:
Total aboveground oil storage Deductible
capacity in gallons owned by
the facility owner
Less than 1,320 $500
1,321 to 50,000 2,500
50,001 to 250,000 5,000
250,001 to 500,000 10,000
500,001 to 1,000,000 25,000
1,000,001 to 1,500,000 40,000
greater than 1,500,000 62,500
(3) For facilities with both aboveground and underground tanks when the source of the discharge can not be determined or when the discharge is from both types of tanks, the standard deductible is the applicable amount under subparagraph (1) or (2), whichever is greater.
Sec. A-2. Effective date. This Part takes effect 90 days after adjournment of the First Regular Session of the 119th Legislature.
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