2010 Maine Code
TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Chapter 311: STATE PLANNING
5 §3307-C. Definitions; reporting of petroleum inventories and deliveries

Part 8: STATE PLANNING

§3307-C. Definitions; reporting of petroleum inventories and deliveries

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A. "Petroleum products" means propane; gasoline; unleaded gasoline; gasohol; kerosene; #2 heating oil; diesel fuel; kerosene-based jet fuel; aviation gasoline; #4, #5 and #6 residual oil for utility and nonutility uses; and Bunker C oil. [1989, c. 501, Pt. DD, §13 (NEW).]

B. "Primary storage facilities" means any facility which receives petroleum products into the State either by pipeline or ship. [1989, c. 501, Pt. DD, §13 (NEW).]

C. "Primary supplier" means any refiner, marketer, distributor, firm or person who makes the first sale of any petroleum product to resellers or consumers in this State. [1989, c. 501, Pt. DD, §13 (NEW).]

[ 1989, c. 501, Pt. DD, §13 (NEW) .]

2. Reporting of owners and lessees of primary storage facilities. Each owner or lessee of primary storage facilities in the State shall make an accurate report on the first and 3rd Monday of each month to the State Planning Office on a form provided by the director. The form must contain a conspicuous statement of the penalties provided in subsection 4 and must require the following information:

A. The total inventory of each petroleum product stored in the State, as measured within not more than 3 working days prior to the reporting date; and [1989, c. 501, Pt. DD, §13 (NEW).]

B. The quantities of each petroleum product delivery expected into the State within 15 days of the reporting date or within any longer period established by the director. [1999, c. 758, §1 (AMD).]

[ 2003, c. 452, Pt. A, §1 (AMD); 2003, c. 452, Pt. X, §2 (AFF) .]

3. Reporting of primary suppliers. Each primary supplier of petroleum products shall make an accurate report on the 3rd Monday of each month to the State Planning Office on a form provided by the director, unless the report is already being submitted in accordance with federal regulations. The form must contain a conspicuous statement of the penalties provided in subsection 4 and must require the following information:

A. Actual deliveries of all petroleum products in this State during the preceding calendar month; [1989, c. 501, Pt. DD, §13 (NEW).]

B. Anticipated deliveries of all petroleum products in this State during the following calendar month or during any longer period established by the director; and [1999, c. 758, §2 (AMD).]

C. Allocation fractions for all petroleum products for the following month or for any longer period established by the director. [1999, c. 758, §2 (AMD).]

[ 2003, c. 452, Pt. A, §2 (AMD); 2003, c. 452, Pt. X, §2 (AFF) .]

4. Penalty provisions. A person who violates this section is subject to the following penalties.

A. An owner or lessee of a primary storage facility or a primary supplier covered by this section who fails to provide the information required by this section commits a Class D crime. Violation of this paragraph is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A. [2003, c. 452, Pt. A, §3 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]

B. An owner or lessee of a primary storage facility or a primary supplier covered by this section who knowingly or recklessly supplies false or misleading information is guilty of a violation of Title 17-A, section 453. [2003, c. 452, Pt. A, §3 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]

C. An owner or lessee of a primary storage facility who supplies false or misleading information commits a civil violation for which a fine of $2,500 may be adjudged. [2003, c. 452, Pt. A, §3 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]

[ 2003, c. 452, Pt. A, §3 (RPR); 2003, c. 452, Pt. X, §2 (AFF) .]

5. Reporting of State Planning Office. The State Planning Office shall provide reports to the joint standing committee of the Legislature having jurisdiction over utilities and energy matters as follows:

A. [2005, c. 91, §2 (RP).]

B. If the State Planning Office determines, based on available information, that there is or may be a significant shortfall in supply inventories or anticipated deliveries into the State of home heating oil or kerosene, a report including:

(1) The information that suggests a supply shortfall;

(2) Current and anticipated inventories of home heating oil and kerosene storage supplies; and

(3) Any recommendations of the State Planning Office for actions by the State in response to the anticipated supply shortfall; and [2005, c. 91, §3 (AMD).]

C. A report on inventories, deliveries, curtailments, shortfalls or other matters relating to the availability of petroleum products in this State, at the request of the joint standing committee of the Legislature having jurisdiction over utilities and energy matters. [2005, c. 91, §4 (NEW).]

[ 2005, c. 91, §§2-4 (AMD) .]

SECTION HISTORY

1989, c. 501, §DD13 (NEW). 1999, c. 758, §§1-3 (AMD). 2001, c. 471, §A3 (AMD). 2003, c. 452, §§A1-3 (AMD). 2003, c. 452, §X2 (AFF). 2005, c. 91, §§2-4 (AMD).