Maine
Ground and Surface Waters Clean-up and Response Fund
The Maine Department of Environmental Protection (DEP) says the purpose of the Maine Ground and Surface Waters Clean-up and Response Fund is to provide for the investigation, mitigation and removal of discharges or threats of discharge of oil from underground and aboveground oil storage tank systems, including the restoration of contaminated water supplies. DEP administers Fund coverage claims for discharges from underground storage tank (UST) systems. The State Fire Marshal administers claims for discharges from aboveground storage tank (AST) systems. The Fund statute is Title 38 M.R.S. § 568-A, and DEP notes that its page is a simple guide, not a substitute for the statutes, 38 M.R.S. §§ 561 to 570-M.
In a Phase I ESA
ASTM E1527-21 does not name tank fund records among its standard record sources. A Fund claim still matters, because DEP or the Fire Marshal issues a Department Order on each complete application that specifies eligibility and deductibles, so a claim is one more record of a discharge. The cleanup itself is on the Petroleum Clean Up page.
What the Fund does not cover
DEP lists these exclusions:
- an oil discharge discovered on or before April 1, 1990;
- leaks or discharges discovered after October 1, 1998 from non-conforming tanks or piping, such as unprotected bare steel;
- former facilities, meaning a UST or AST that did not exist when the contamination was discovered;
- mystery spills from unknown sources;
- tank or piping removal and "Appendix P" site assessments;
- investigation or cleanup that DEP does not require;
- discharges or contamination that are not oil. DEP's list of oil includes gasoline, kerosene, diesel, heating oil, aviation fuel, heavy oil and non-hazardous waste oil.
Ask DEP before relying on Fund coverage; DEP encourages responsible parties to call before applying.
How a claim works
- The tank owner or operator must promptly report the discharge or contamination to DEP, at 1-800-482-0777, 24 hours a day, and follow DEP's instructions for investigation and cleanup.
- The applicant chooses Option 1, in which DEP manages the cleanup, hires the contractors and pays approved costs directly, or Option 2, in which the applicant hires the contractors and asks DEP for reimbursement after a Department Order. Only costs that DEP staff approve in advance are reimbursed. DEP says a Fund applicant seeking liability protection under the Voluntary Response Action Program must use Option 2.
- A complete application is due within 180 days of reporting the discharge. Within 90 days of receiving it, DEP (for a UST) or the State Fire Marshal (for an AST) issues the Department Order. Deductibles are of two kinds: a standard deductible based on the number of UST facilities, or the volume of AST facilities, the owner holds, and conditional deductibles for lack of compliance with the UST or AST rules.
Where to look a site up
The pages read link no list of Fund claims.
More from DEP
DEP's Fund Coverage Cost Guide, linked from the Petroleum Clean Up page, describes which costs are considered eligible; DEP gives the Oil Remediation and Claims Unit at 287-7860 for more information. For an application form for an AST claim, DEP gives the Office of State Fire Marshal at 207-626-3890. The Clean-up and Response Fund Review Board, together with DEP, must submit a biennial report to the Legislature on the Fund's administration, and the Fund page points to DEP's Department Reports page for the latest report.
Getting the file
The file room's paper files include Insurance Fund Coverage Claims and Oil Remediation & Resolution, reviewed by appointment at (207) 287-7843. See File Room, Reports and Lists. The pages read do not say where the records of AST claims are kept, and this handbook does not read the State Fire Marshal's pages.
Sources
Maine Department of Environmental Protection pages, read October 13, 2026, no modified date shown: