Maine Statute | Act | Code |Title 38. Waters And Navigation| US Code - US Statute | Chapter 03. Protection And Improvement Of Waters

Title 38 - §361-A. Definitions

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1: Organization and General Provisions

§361-A. Definitions

Unless the context otherwise indicates, the following words when used in any statute administered by the Department of Environmental Protection shall have the following meanings: [1973, c. 423, §1 (rpr).]

1. Discharge. "Discharge" means any spilling, leaking, pumping, pouring, emptying, dumping, disposing or other addition of any pollutant to water of the State. [1973, c. 450, §2 (rpr).]

1-A. Coastal streams. [1985, c. 698, §1 (rp).]

1-B. Agricultural activities. "Agricultural activities" means the growing of vegetables, fruits, seeds, nursery crops, poultry, livestock, field crops, cultivated or pasture hay and farm woodlot products, including Christmas trees. [1979, c. 380, §1 (new).]

1-B. Aquifer. [1981, c. 470, Pt. A, §163 (rp).]

1-C. Aquifer recharge area. "Aquifer recharge area" means land composed of permeable porous material or rock sufficiently fractured to allow infiltration and percolation of surface water and transmit it to aquifers. [1979, c. 472, §8 (new).]

1-D. Aquifer. "Aquifer" means a geologic formation composed of rock or sand and gravel that stores and transmits significant quantities of recoverable water, as identified by the Bureau of Geology and Natural Areas, Maine Geological Survey within the Department of Conservation. [1999, c. 556, §30 (amd).]

1-E. Commissioner. "Commissioner" means the Commissioner of Environmental Protection. [1985, c. 481, Pt. A, §82 (new).]

1-F. Affordable housing. "Affordable housing" means dwellings, apartments or other living accommodations for households making at or below 80% of the median household income as determined by the Department of Economic and Community Development. [1987, c. 787, §12 (new).]

1-G. Board. "Board" means the Board of Environmental Protection. [1989, c. 890, Pt. A, §40 (aff); Pt. B, §18 (new).]

1-H. Department. "Department" means the Department of Environmental Protection composed of the board and the commissioner. [1989, c. 890, Pt. A, §40 (aff); Pt. B, §18 (new).]

1-I. Clean Water Act. "Clean Water Act" means the Federal Water Pollution Control Act, as defined in subsection 1-K. [RR 1997, c. 2, §63 (cor).]

1-J. Code of Federal Regulations. "Code of Federal Regulations" means the codification of regulations published in the Federal Register by the Federal Government, and includes those regulations effective on or before January 1, 2005. [2005, c. 330, §7 (amd).]

1-K. Federal Water Pollution Control Act. "Federal Water Pollution Control Act" means federal Public Law 92-500 or 33 United States Code, Sections 1251 et seq., including all amendments effective on or before January 1, 2005. [2005, c. 330, §8 (amd).]

2. Fresh surface waters. "Fresh surface waters" means all waters of the State other than estuarine and marine waters and ground water. [1985, c. 698, §2 (amd).]

2-A. Ground water. "Ground water" means all the waters found beneath the surface of the earth which are contained within or under this State or any portion thereof, except such waters as are confined and retained completely upon the property of one person and do not drain into or connect with any other waters of the State. [1979, c. 472, §9 (new).]

2-B. Handle. "Handle" means to store, transfer, collect, separate, salvage, process, reduce, recover, incinerate, treat or dispose of. [1985, c. 496, Pt. A, §4 (new).]

3. Municipality. "Municipality" means a city, town, plantation or unorganized township. [1971, c. 470, §1 (new).]

3-A. Nonferrous metal mining. "Nonferrous metal mining" means hard rock mining for base and precious metals including copper, lead, tin, zinc, gold, silver, platinum, paladium and unspecified platinoid metals. "Nonferrous metal mining" does not include thorium or uranium. [1989, c. 874, §6 (new).]

3-B. Pollution prevention. "Pollution prevention" means the application of the toxics use reduction principles and reduction hierarchies, which are established in chapter 26, to manufacturing, commercial and consumer chemical use and energy production and consumption. [1991, c. 520, §3 (new).]

3-C. Overboard discharge. "Overboard discharge" has the same meaning as in section 466, subsection 9-A. [2003, c. 246, §2 (new).]

4. Person. "Person" means an individual, firm, corporation, municipality, quasi-municipal corporation, state agency, federal agency or other legal entity. [1971, c. 470, §1 (new).]

4-A. Pollutant. "Pollutant" means dredged spoil, solid waste, junk, incinerator residue, sewage, refuse, effluent, garbage, sewage sludge, munitions, chemicals, biological or radiological materials, oil, petroleum products or by-products, heat, wrecked or discarded equipment, rock, sand, dirt and industrial, municipal, domestic, commercial or agricultural wastes of any kind. [1973, c. 450, §3 (new).]

4-A-1. Snow dump. "Snow dump" means a facility that is used for the storage of snow and incidental materials collected from public or private ways. [1979, c. 296, §1 (new).]

4-A-2. Road salt and sand-salt storage area. "Road salt and sand-salt storage area" means a facility that is used for the storage and handling of highway deicing materials. [1985, c. 479, §2 (new).]

4-B. Surface waste water disposal system. "Surface waste water disposal system" shall mean any system for disposal of waste waters on the surface of the earth, including, but not limited to, holding ponds, surface application and injection systems. [1977, c. 271, §3 (new).]

5. Estuarine and marine waters. "Estuarine and marine waters" means those portions of the Atlantic Ocean within the jurisdiction of the State, and all other waters of the State subject to the rise and fall of the tide except those waters listed and classified in sections 467 and 468. [1987, c. 402, Pt. A, §196 (amd).]

6. Transfer of ownership. "Transfer of ownership" means a change in the legal entity that owns a property, facility or structure that is the subject of a license issued by the department. [1995, c. 642, §4 (rpr).]

7. Coastal streams. [1973, c. 625, §269 (rp).]

7. Waters of the State. "Waters of the State" means any and all surface and subsurface waters that are contained within, flow through, or under or border upon this State or any portion of the State, including the marginal and high seas, except such waters as are confined and retained completely upon the property of one person and do not drain into or connect with any other waters of the State, but not excluding waters susceptible to use in interstate or foreign commerce, or whose use, degradation or destruction would affect interstate or foreign commerce. [1997, c. 794, Pt. A, §11 (amd).]

Section History:
PL 1971,
Ch. 470,
§1 (NEW).
PL 1973,
Ch. 423,
§1,2 (AMD).
PL 1973,
Ch. 450,
§2-4 (AMD).
PL 1973,
Ch. 625,
§269,270 (AMD).
PL 1977,
Ch. 271,
§3 (AMD).
PL 1979,
Ch. 296,
§1 (AMD).
PL 1979,
Ch. 380,
§1 (AMD).
PL 1979,
Ch. 472,
§8,9 (AMD).
PL 1981,
Ch. 470,
§A163,A164 (AMD).
PL 1985,
Ch. 479,
§2 (AMD).
PL 1985,
Ch. 481,
§A82 (AMD).
PL 1985,
Ch. 496,
§A4 (AMD).
PL 1985,
Ch. 698,
§1-3 (AMD).
PL 1987,
Ch. 402,
§A196 (AMD).
PL 1987,
Ch. 787,
§12 (AMD).
PL 1989,
Ch. 874,
§6 (AMD).
PL 1989,
Ch. 890,
§A40,B18 (AMD).
PL 1991,
Ch. 520,
§3 (AMD).
PL 1995,
Ch. 502,
§E32 (AMD).
PL 1995,
Ch. 642,
§4 (AMD).
PL 1997,
Ch. 794,
§A10,11 (AMD).
RR 1997,
Ch. 2,
§63 (COR).
PL 1999,
Ch. 556,
§30 (AMD).
PL 2001,
Ch. 232,
§5,6 (AMD).
PL 2003,
Ch. 246,
§2 (AMD).
PL 2005,
Ch. 330,
§7,8 (AMD).
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Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §361-B. Processing applications (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1: Organization and General Provisions

§361-B. Processing applications (REPEALED)

Section History:
PL 1975,
Ch. 301,
§ (NEW).
PL 1977,
Ch. 300,
§13 (RP ).
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Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §361-C. Petition for reconsideration (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1: Organization and General Provisions

§361-C. Petition for reconsideration (REPEALED)

Section History:
PL 1975,
Ch. 390,
§ (NEW).
PL 1975,
Ch. 770,
§208 (AMD).
PL 1977,
Ch. 300,
§14 (RP ).
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Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §361-D. Radioactive waste facilities (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1: Organization and General Provisions

§361-D. Radioactive waste facilities (REPEALED)

Section History:
PL 1979,
Ch. 519,
§2 (NEW).
PL 1983,
Ch. 381,
§8 (RP ).
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Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §361. Organization; compensation; meetings; duties (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1: Organization and General Provisions

§361. Organization; compensation; meetings; duties (REPEALED)

Section History:
PL 1967,
Ch. 475,
§1,2 (AMD).
PL 1969,
Ch. 431,
§9 (AMD).
PL 1969,
Ch. 499,
§1-3 (AMD).
PL 1969,
Ch. 571,
§1 (AMD).
PL 1971,
Ch. 256,
§1 (AMD).
PL 1971,
Ch. 414,
§ (AMD).
PL 1971,
Ch. 527,
§1,2 (AMD).
PL 1971,
Ch. 618,
§9 (AMD).
PL 1973,
Ch. 217,
§ (AMD).
PL 1973,
Ch. 450,
§1 (AMD).
PL 1973,
Ch. 712,
§5 (AMD).
PL 1973,
Ch. 788,
§206 (AMD).
PL 1975,
Ch. 228,
§1 (AMD).
PL 1975,
Ch. 395,
§ (AMD).
PL 1975,
Ch. 614,
§1 (AMD).
PL 1975,
Ch. 771,
§419 (AMD).
PL 1977,
Ch. 300,
§10-12 (AMD).
PL 1977,
Ch. 596,
§2 (AMD).
PL 1983,
Ch. 483,
§4,5 (AMD).
PL 1983,
Ch. 566,
§10 (AMD).
PL 1983,
Ch. 574,
§2 (AMD).
PL 1983,
Ch. 743,
§8 (AMD).
PL 1983,
Ch. 812,
§290,291 (AMD).
PL 1985,
Ch. 746,
§17 (AMD).
PL 1987,
Ch. 125,
§1 (AMD).
PL 1989,
Ch. 503,
§B175 (AMD).
PL 1989,
Ch. 890,
§A34,40 (RP ).
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Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §362-A. Experiments and scientific research in the field of pollution and pollution control

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1: Organization and General Provisions

§362-A. Experiments and scientific research in the field of pollution and pollution control

Notwithstanding any other law administered or enforced by the department, the board is authorized to permit persons to discharge, emit or place any substances on the land or in the air or waters of the State, in limited quantities and under the strict control and supervision of the commissioner or the commissioner's designees, exclusively for the purpose of scientific research and experimentation in the field of pollution and pollution control. The research and experimentation conducted under this section is subject to such terms and conditions as the board determines necessary in order to protect the public's health, safety and general welfare, and may be terminated by the board or commissioner at any time upon 24 hours' written notice. [1989, c. 890, Pt. A, §40 (aff); Pt. B, §19 (amd).] div>
Prior to applying for approval of any project involving discharge of petroleum products to tidal waters under this section, the applicant shall first obtain written approval from the municipal officers of the municipality in which the project is proposed to take place. The applicant shall provide the municipal officers with a complete description of the project at least 90 days prior to the proposed date of the project. The municipal officers may hold a public hearing, provided that it is held within 45 days of the filing of the application with the municipality. The municipal officers shall approve a project within 60 days of receipt if they find that the project will not constitute a hazard to the health, safety or welfare of the residents of the municipality. [1981, c. 623 (new).]

Section History:
PL 1973,
Ch. 423,
§3 (NEW).
PL 1981,
Ch. 623,
§ (AMD).
PL 1989,
Ch. 890,
§A40,B19 (AMD).
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §362. Authority to accept federal funds

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1: Organization and General Provisions

§362. Authority to accept federal funds

The department is designated the public agency of the State for the purpose of accepting federal funds in relation to water pollution control, water resources and air pollution studies and control. The commissioner may, subject to the approval of the Governor, accept federal funds available for water pollution control, water resources and air pollution studies and control and meet such requirements with respect to the administration of the funds, not inconsistent with this subchapter, as are required as conditions precedent to receiving federal funds. The Treasurer of State shall be the appropriate fiscal officer of the State to receive federal grants on account of water pollution control, water resources and air pollution studies and control, and the State Controller shall authorize expenditures therefrom as approved by the commissioner. [1983, c. 483, § 6 (amd).]

Section History:
PL 1967,
Ch. 475,
§3 (AMD).
PL 1971,
Ch. 618,
§12 (AMD).
PL 1975,
Ch. 771,
§420 (AMD).
PL 1983,
Ch. 483,
§6 (AMD).
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §363-A. Standards of classification of great ponds (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1: Organization and General Provisions

§363-A. Standards of classification of great ponds (REPEALED)

Section History:
PL 1977,
Ch. 373,
§6 (NEW).
PL 1979,
Ch. 495,
§1,2 (AMD).
PL 1981,
Ch. 153,
§1,2 (AMD).
PL 1985,
Ch. 698,
§5 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §363-B. Standards of classification of ground water (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1: Organization and General Provisions

§363-B. Standards of classification of ground water (REPEALED)

Section History:
PL 1979,
Ch. 472,
§10 (NEW).
PL 1985,
Ch. 698,
§6 (RP ).
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §363-C. Classification for certain hydroelectric impoundments (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1: Organization and General Provisions

§363-C. Classification for certain hydroelectric impoundments (REPEALED)

Section History:
PL 1985,
Ch. 772,
§1 (NEW).
PL 1989,
Ch. 309,
§1 (RP ).
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §363-D. Waiver or modification of protection and improvement laws

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1: Organization and General Provisions

§363-D. Waiver or modification of protection and improvement laws

The commissioner or the commissioner's designee may waive or modify any of the provisions of this chapter if that waiver or modification promotes or assists any oil spill response activity conducted in accordance with the national contingency plan, a federal contingency plan, the state marine oil spill contingency plan, or as otherwise directed by the federal on-scene coordinator, the commissioner or commissioner's designee. A waiver issued by the commissioner under this section must be in writing. [1993, c. 579, §1 (new).]

Section History:
PL 1993,
Ch. 579,
§1 (NEW).
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §363. Standards of classification of fresh waters (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1: Organization and General Provisions

§363. Standards of classification of fresh waters (REPEALED)

Section History:
PL 1967,
Ch. 475,
§4 (RPR).
PL 1969,
Ch. 431,
§1,2 (AMD).
PL 1971,
Ch. 461,
§2 (AMD).
PL 1971,
Ch. 618,
§12 (AMD).
PL 1973,
Ch. 450,
§5,6 (AMD).
PL 1973,
Ch. 788,
§207 (AMD).
PL 1977,
Ch. 373,
§1-5 (AMD).
PL 1979,
Ch. 529,
§ (AMD).
PL 1985,
Ch. 698,
§4 (RP ).
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §364. Tidal or marine waters (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1: Organization and General Provisions

§364. Tidal or marine waters (REPEALED)

Section History:
PL 1967,
Ch. 475,
§5 (RPR).
PL 1969,
Ch. 431,
§3 (AMD).
PL 1969,
Ch. 581,
§2 (AMD).
PL 1971,
Ch. 470,
§2,3 (AMD).
PL 1971,
Ch. 618,
§12 (AMD).
PL 1977,
Ch. 373,
§7-9 (AMD).
PL 1985,
Ch. 698,
§7 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §365. Classification procedure (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1: Organization and General Provisions

§365. Classification procedure (REPEALED)

Section History:
PL 1971,
Ch. 527,
§3 (AMD).
PL 1971,
Ch. 618,
§12 (AMD).
PL 1977,
Ch. 300,
§15 (AMD).
PL 1985,
Ch. 698,
§8 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §366. Cooperation with other departments and agencies (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1: Organization and General Provisions

§366. Cooperation with other departments and agencies (REPEALED)

Section History:
PL 1967,
Ch. 475,
§6 (AMD).
PL 1971,
Ch. 618,
§12 (AMD).
PL 1989,
Ch. 890,
§A35,40 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §367. Classification of surface waters (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1: Organization and General Provisions

§367. Classification of surface waters (REPEALED)

Section History:
PL 1967,
Ch. 475,
§6-A (AMD).
PL 1971,
Ch. 470,
§4 (AMD).
PL 1971,
Ch. 527,
§4 (AMD).
PL 1971,
Ch. 618,
§12 (AMD).
PL 1971,
Ch. 622,
§135 (AMD).
PL 1979,
Ch. 127,
§208 (AMD).
PL 1979,
Ch. 495,
§3 (AMD).
PL 1985,
Ch. 698,
§9 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §368. -- Inland waters (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1: Organization and General Provisions

§368. -- Inland waters (REPEALED)

Section History:
PL 1965,
Ch. 42,
§1-3 (AMD).
PL 1965,
Ch. 83,
§1,2 (AMD).
PL 1965,
Ch. 179,
§1,2 (AMD).
PL 1965,
Ch. 336,
§ (AMD).
PL 1967,
Ch. 18,
§1 (AMD).
PL 1967,
Ch. 18,
§2 (RP ).
PL 1967,
Ch. 19,
§1,2 (AMD).
PL 1967,
Ch. 156,
§ (AMD).
PL 1967,
Ch. 180,
§1-3 (AMD).
PL 1967,
Ch. 304,
§1-18 (AMD).
PL 1967,
Ch. 446,
§ (AMD).
PL 1967,
Ch. 451,
§1,2 (AMD).
PL 1967,
Ch. 475,
§7 (AMD).
PL 1969,
Ch. 88,
§ (AMD).
PL 1969,
Ch. 120,
§ (AMD).
PL 1969,
Ch. 268,
§ (AMD).
PL 1969,
Ch. 286,
§ (AMD).
PL 1969,
Ch. 431,
§9 (AMD).
PL 1971,
Ch. 106,
§1,2 (AMD).
PL 1971,
Ch. 138,
§1 (AMD).
PL 1971,
Ch. 273,
§ (AMD).
PL 1971,
Ch. 612,
§ (AMD).
PL 1971,
Ch. 618,
§12 (AMD).
PL 1973,
Ch. 401,
§ (AMD).
PL 1977,
Ch. 373,
§10 TO 27-B (AMD).
PL 1979,
Ch. 495,
§4-6 (AMD).
PL 1985,
Ch. 698,
§10 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §369. -- coastal streams (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1: Organization and General Provisions

§369. -- coastal streams (REPEALED)

Section History:
PL 1965,
Ch. 153,
§ (AMD).
PL 1965,
Ch. 425,
§22 (AMD).
PL 1967,
Ch. 17,
§ (AMD).
PL 1967,
Ch. 304,
§19-23 (AMD).
PL 1969,
Ch. 538,
§1 (AMD).
PL 1971,
Ch. 138,
§2 (AMD).
PL 1971,
Ch. 470,
§5 (AMD).
PL 1973,
Ch. 423,
§4-6 (AMD).
PL 1977,
Ch. 373,
§28,29 (AMD).
PL 1979,
Ch. 495,
§7,8 (AMD).
PL 1985,
Ch. 698,
§11 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §370. -- tidal waters (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1: Organization and General Provisions

§370. -- tidal waters (REPEALED)

Section History:
PL 1965,
Ch. 84,
§ (AMD).
PL 1965,
Ch. 179,
§3-7 (AMD).
PL 1965,
Ch. 425,
§23 (AMD).
PL 1967,
Ch. 153,
§1,2 (AMD).
PL 1967,
Ch. 154,
§1,2 (AMD).
PL 1967,
Ch. 155,
§ (AMD).
PL 1967,
Ch. 304,
§24-26 (AMD).
PL 1967,
Ch. 447,
§1,2 (AMD).
PL 1967,
Ch. 475,
§8,9 (AMD).
PL 1967,
Ch. 516,
§1-10 (AMD).
PL 1969,
Ch. 121,
§1,2 (AMD).
PL 1969,
Ch. 431,
§9 (AMD).
PL 1969,
Ch. 538,
§2 (AMD).
PL 1971,
Ch. 618,
§12 (AMD).
PL 1973,
Ch. 267,
§ (AMD).
PL 1979,
Ch. 495,
§9,10 (AMD).
PL 1985,
Ch. 698,
§12 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §371-A. Classification of great ponds (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1: Organization and General Provisions

§371-A. Classification of great ponds (REPEALED)

Section History:
PL 1977,
Ch. 373,
§31 (NEW).
PL 1979,
Ch. 281,
§2 (AMD).
PL 1979,
Ch. 495,
§11-15 (AMD).
PL 1981,
Ch. 153,
§3 (AMD).
PL 1983,
Ch. 743,
§9 (AMD).
PL 1985,
Ch. 698,
§13 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §371-B. Classification of ground water (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1: Organization and General Provisions

§371-B. Classification of ground water (REPEALED)

Section History:
PL 1979,
Ch. 472,
§11 (NEW).
PL 1985,
Ch. 698,
§14 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §371. -- great ponds (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1: Organization and General Provisions

§371. -- great ponds (REPEALED)

Section History:
PL 1967,
Ch. 342,
§1,2 (AMD).
PL 1971,
Ch. 335,
§ (AMD).
PL 1971,
Ch. 618,
§12 (AMD).
PL 1973,
Ch. 29,
§ (AMD).
PL 1977,
Ch. 373,
§30 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §372. Exceptions

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1: Organization and General Provisions

§372. Exceptions

Nothing contained in this subchapter shall limit the powers of the State to initiate, prosecute and maintain actions to abate public nuisances to the extent consistent with the public interest, nor shall any license granted under this subchapter constitute a defense to any action at law for damages. [1971, c. 527, §5 (amd).]

Section History:
PL 1971,
Ch. 527,
§5 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §380. Findings; purpose (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1-A: GREAT PONDS PROGRAM (HEADING: PL 1987, c. 809, @1 (rp))

§380. Findings; purpose (REPEALED)

Section History:
PL 1973,
Ch. 608,
§1 (NEW).
PL 1977,
Ch. 123,
§1 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §381. Great pond defined (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1-A: GREAT PONDS PROGRAM (HEADING: PL 1987, c. 809, @1 (rp))

§381. Great pond defined (REPEALED)

Section History:
PL 1973,
Ch. 608,
§1 (NEW).
PL 1977,
Ch. 123,
§1 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §382. Powers and duties (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1-A: GREAT PONDS PROGRAM (HEADING: PL 1987, c. 809, @1 (rp))

§382. Powers and duties (REPEALED)

Section History:
PL 1973,
Ch. 608,
§1 (NEW).
PL 1977,
Ch. 123,
§1 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §383. Data bank (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1-A: GREAT PONDS PROGRAM (HEADING: PL 1987, c. 809, @1 (rp))

§383. Data bank (REPEALED)

Section History:
PL 1973,
Ch. 608,
§1 (NEW).
PL 1977,
Ch. 123,
§1 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §384. Research (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1-A: GREAT PONDS PROGRAM (HEADING: PL 1987, c. 809, @1 (rp))

§384. Research (REPEALED)

Section History:
PL 1973,
Ch. 608,
§1 (NEW).
PL 1977,
Ch. 123,
§1 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §385. Funds (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1-A: GREAT PONDS PROGRAM (HEADING: PL 1987, c. 809, @1 (rp))

§385. Funds (REPEALED)

Section History:
PL 1973,
Ch. 608,
§1 (NEW).
PL 1977,
Ch. 123,
§1 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §386. Findings; purpose (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1-A: GREAT PONDS PROGRAM (HEADING: PL 1987, c. 809, @1 (rp))

§386. Findings; purpose (REPEALED)

Section History:
PL 1977,
Ch. 123,
§2 (NEW).
PL 1987,
Ch. 809,
§1 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §387. Powers and duties (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1-A: GREAT PONDS PROGRAM (HEADING: PL 1987, c. 809, @1 (rp))

§387. Powers and duties (REPEALED)

Section History:
PL 1977,
Ch. 123,
§2 (NEW).
PL 1983,
Ch. 566,
§11 (AMD).
PL 1987,
Ch. 809,
§1 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §388. Data bank (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1-A: GREAT PONDS PROGRAM (HEADING: PL 1987, c. 809, @1 (rp))

§388. Data bank (REPEALED)

Section History:
PL 1977,
Ch. 123,
§2 (NEW).
PL 1987,
Ch. 809,
§1 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §389. Research (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1-A: GREAT PONDS PROGRAM (HEADING: PL 1987, c. 809, @1 (rp))

§389. Research (REPEALED)

Section History:
PL 1977,
Ch. 123,
§2 (NEW).
PL 1987,
Ch. 809,
§1 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §390-A. Lake Restoration and Protection Financial Aid Program (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1-A: GREAT PONDS PROGRAM (HEADING: PL 1987, c. 809, @1 (rp))

§390-A. Lake Restoration and Protection Financial Aid Program (REPEALED)

Section History:
PL 1981,
Ch. 509,
§1,3 (NEW).
PL 1983,
Ch. 483,
§7 (AMD).
PL 1983,
Ch. 566,
§12 (AMD).
PL 1985,
Ch. 162,
§5 (AMD).
PL 1987,
Ch. 192,
§9 (AMD).
PL 1987,
Ch. 809,
§1 (RP ).
PL 1987,
Ch. 842,
§1,2 (AMD).
PL 1989,
Ch. 502,
§A142 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §390. Funds (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1-A: GREAT PONDS PROGRAM (HEADING: PL 1987, c. 809, @1 (rp))

§390. Funds (REPEALED)

Section History:
PL 1977,
Ch. 123,
§2 (NEW).
PL 1987,
Ch. 809,
§1 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §391-A. Prohibitions (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1-A: GREAT PONDS PROGRAM (HEADING: PL 1987, c. 809, @1 (rp))

§391-A. Prohibitions (REPEALED)

Section History:
PL 1987,
Ch. 771,
§4 (NEW).
PL 1989,
Ch. 890,
§A40,B20 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §391. Prohibitions (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1-A: GREAT PONDS PROGRAM (HEADING: PL 1987, c. 809, @1 (rp))

§391. Prohibitions (REPEALED)

Section History:
PL 1977,
Ch. 123,
§2 (NEW).
PL 1983,
Ch. 819,
§A62 (AMD).
PL 1987,
Ch. 771,
§3 (RP ).
PL 1987,
Ch. 809,
§1 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §392. Definitions (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1-A: GREAT PONDS PROGRAM (HEADING: PL 1987, c. 809, @1 (rp))

§392. Definitions (REPEALED)

Section History:
PL 1977,
Ch. 123,
§2 (NEW).
PL 1983,
Ch. 566,
§13 (AMD).
PL 1987,
Ch. 809,
§1 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §393. Permit; standards (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1-A: GREAT PONDS PROGRAM (HEADING: PL 1987, c. 809, @1 (rp))

§393. Permit; standards (REPEALED)

Section History:
PL 1977,
Ch. 123,
§2 (NEW).
PL 1987,
Ch. 809,
§1 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §394. Exemptions (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1-A: GREAT PONDS PROGRAM (HEADING: PL 1987, c. 809, @1 (rp))

§394. Exemptions (REPEALED)

Section History:
PL 1977,
Ch. 123,
§2 (NEW).
PL 1979,
Ch. 663,
§227 (AMD).
PL 1983,
Ch. 566,
§14 (AMD).
PL 1983,
Ch. 743,
§10 (AMD).
PL 1985,
Ch. 746,
§18 (AMD).
PL 1987,
Ch. 192,
§10 (RPR).
PL 1987,
Ch. 809,
§1 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §395. Violations (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1-A: GREAT PONDS PROGRAM (HEADING: PL 1987, c. 809, @1 (rp))

§395. Violations (REPEALED)

Section History:
PL 1977,
Ch. 123,
§2 (NEW).
PL 1977,
Ch. 564,
§135 (RPR).
PL 1987,
Ch. 809,
§1 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §396. Enforcement (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1-A: GREAT PONDS PROGRAM (HEADING: PL 1987, c. 809, @1 (rp))

§396. Enforcement (REPEALED)

Section History:
PL 1977,
Ch. 123,
§2 (NEW).
PL 1979,
Ch. 663,
§228 (AMD).
PL 1987,
Ch. 809,
§1 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §397. Injunction; restoration (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1-A: GREAT PONDS PROGRAM (HEADING: PL 1987, c. 809, @1 (rp))

§397. Injunction; restoration (REPEALED)

Section History:
PL 1977,
Ch. 123,
§2 (NEW).
PL 1977,
Ch. 564,
§136 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §401. Findings; purpose

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1-B: GROUND WATER PROTECTION PROGRAM

§401. Findings; purpose

The Legislature finds and declares that the protection of ground water resources is critical to promote the health, safety and general welfare of the people of the State. Aquifers provide a significant amount of the water used by the people of the State. Aquifers and aquifer recharge areas are critical elements in the hydrologic cycle. Aquifer recharge areas collect, conduct and purify the water that replenishes aquifers. [1979, c. 472, § 12 (new).] div>
The Legislature further finds and declares that an adequate supply of safe drinking water is a matter of the highest priority and that it is the policy of the State to protect, conserve and maintain ground water supplies in the State. [1979, c. 472, § 12 (new).] div>
The Legislature further finds and declares that ground water resources are endangered by unwise uses and land use practices. [1979, c. 472, § 12 (new).] div>
The Legislature further finds that these resources may be threatened by certain agricultural chemicals and practices, but that the nature and extent of this impact is largely unknown. Failure to evaluate this potential problem is likely to result in costly contamination of some ground water supplies leading to increased risks to the public health. [1985, c. 465, § 1 (new).] div>
The Legislature further finds and declares it to be the purpose of this Article to require classification of the state's ground water resources. [1979, c. 472, § 12 (new).] div>
The Legislature further finds and declares that there are numerous existing state agencies, commissions, boards or similar entities administering various statutes and programs relating to ground water. Because of the importance of ground water to the safety and well-being of the State, there is an urgent need for the coordination and development of the programs to assess the quality and quantity of and to protect ground water. [1979, c. 472, § 12 (new).] div>
It is the intention of the Legislature that the Bureau of Geology provide coordination and develop programs for the collection and analysis of information relating to the nature, extent and quality of aquifers and aquifer recharge areas. [1979, c. 472, § 12 (new).] div>
It is further the intention of the Legislature that existing programs related to ground water continue in their present form and that the Department of Environmental Protection provide coordination for the protection of ground water through existing statutes and regulations. [1979, c. 472, § 12 (new).] div>
This article is not intended to limit a municipality's power to enact ordinances under Title 30-A, section 3001, to protect and conserve the quality and quantity of ground water. [1989, c. 890, Pt. A, §40 (aff); Pt. B, §21 (amd).]

Section History:
PL 1979,
Ch. 472,
§12 (NEW).
PL 1985,
Ch. 465,
§1 (AMD).
PL 1987,
Ch. 583,
§60 (AMD).
PL 1989,
Ch. 890,
§A40,B21 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §402. Research

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1-B: GROUND WATER PROTECTION PROGRAM

§402. Research

The Bureau of Geology in cooperation with the Department of Environmental Protection, is authorized to conduct research and studies to determine recharge and cleansing rates of ground water in different sand and gravel and bedrock formations. [1979, c. 472, §12 (new).] div>
The Bureau of Geology and Natural Areas, Maine Geological Survey within the Department of Conservation in cooperation with other agencies as appropriate shall conduct a 3-year program to assess the impact of agricultural practices and chemicals on ground water quality in selected agricultural areas and selected aquifers. The program must evaluate the extent and level of contamination associated with pesticide use, the mechanisms by which pesticides move through the soil and into ground water supplies, the synergistic effects of these substances and their persistence in ground water. [1999, c. 556, §31 (amd).] div>
The survey shall report annually its progress to the joint standing committee of the Legislature having jurisdiction over natural resources. [1985, c. 465, §2 (new).]

Section History:
PL 1979,
Ch. 472,
§12 (NEW).
PL 1985,
Ch. 465,
§2 (AMD).
PL 1995,
Ch. 502,
§E32 (AMD).
PL 1999,
Ch. 556,
§31 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §403. Ground water quality

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1-B: GROUND WATER PROTECTION PROGRAM

§403. Ground water quality

1. Legislative intent. The Legislature finds that sand and gravel aquifers are important public and private resources for drinking water supplies and other industrial, commercial and agricultural uses. The ground water in these formations is particularly susceptible to contamination by pollutants and, once polluted, may not recover for hundreds of years. It is the intent of the Legislature that information be developed which shall determine the degree that the state's sand and gravel aquifers have been contaminated and shall provide a base of knowledge from which decisions may be made to protect the aquifers. [1983, c. 521 (new).]

2. Determination of ground water quality. The commissioner and the Department of Conservation shall delineate the primary recharge areas for all sand and gravel aquifers capable of yielding more than 10 gallons per minute. Utilizing existing water supply information and well drilling logs, the commissioner and the Department of Conservation shall determine depth to bedrock, depth to water table, surficial material stratigraphy and generalized ground water flow directions of the aquifers. The commissioner and the Department of Conservation shall also determine the extent and direction of contamination plumes originating from distinct sources within each area studied. The primary recharge areas, flow directions and contamination plumes are to be shown on maps of a scale of 1:50,000. [1989, c. 890, Pt. A, §40 (aff); Pt. B, §22 (amd).]

Section History:
PL 1983,
Ch. 521,
§ (NEW).
PL 1989,
Ch. 890,
§A40,B22 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §404. Ground water rights

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1-B: GROUND WATER PROTECTION PROGRAM

§404. Ground water rights

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

A. "Beneficial domestic use" means any ground water used for household purposes essential to health and safety, whether provided by individual wells or through public supply systems. [1987, c. 491, § 4 (new).]

B. "Ground water" means all the waters found beneath the surface of the earth. [1987, c. 491, § 4 (new).]

C. "Preexisting use" means any use which was undertaken by a public water supplier, a landowner or lawful land occupant or a predecessor in interest of either of them, at any time during the period of 3 years prior to the commencement of the use which resulted in the interference. [1987, c. 491, § 4 (new).] [1987, c. 491, § 4 (new).]

2. Cause of action created. Subject to the limitations of subsection 3 and except as provided by Title 23, section 652, a person is liable for the withdrawal of ground water, including use of ground water in heat pump systems, when the withdrawal is in excess of beneficial domestic use for a single-family home and when the withdrawal causes interference with the preexisting beneficial domestic use of ground water by a landowner or lawful land occupant. [1987, c. 491, § 4 (new).]

3. Limitations. The liability imposed under subsection 2 shall be in compensatory damages only, to be recovered in an action brought by the landowner or other lawful land occupant whose ground water use has been interfered with, against the person whose subsequent use has caused the interference.

A. The damages shall be limited to the following:

(1) All costs necessary to restore the landowner or lawful land occupant to a status which is reasonably equivalent in terms of quantity and quality of ground water, made available on a similarly accessible and economic basis;

(2) Compensatory damages for loss or damage to property, including, without limitation, the loss of habitability of residence, caused to the landowner or lawful land occupant by reason of the interference, prior to restoration of the status provided for in subparagraph (1); and

(3) Reasonable costs, including expert witness and attorney fees, incurred in initiating and prosecuting an action when necessary to secure a judgment granting the relief provided for under this chapter.
[1987, c. 491, § 4 (new).]

B. The rights afforded by this chapter shall be in addition to, and not in derogation of, any other rights, whether arising under statute or common law, which any person may have to seek redress against any other person for ground water interference or contamination. [1987, c. 491, § 4 (new).] [1987, c. 491, § 4 (new).]

Section History:
PL 1987,
Ch. 491,
§4 (NEW).
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Office of the Revisor of Statutes
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State House Room 108
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Title 38 - §405. Statement of findings and purpose (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1-C: FRESHWATER WETLANDS (HEADING: PL 1987, c. 809, @1 (rp))

§405. Statement of findings and purpose (REPEALED)

Section History:
PL 1985,
Ch. 485,
§3 (NEW).
PL 1987,
Ch. 809,
§1 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §406. Definitions (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1-C: FRESHWATER WETLANDS (HEADING: PL 1987, c. 809, @1 (rp))

§406. Definitions (REPEALED)

Section History:
PL 1981,
Ch. 705,
§W1 (NEW).
PL 1987,
Ch. 809,
§1 (RP ).
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Office of the Revisor of Statutes
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Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §407-A. Identification of freshwater wetlands (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1-C: FRESHWATER WETLANDS (HEADING: PL 1987, c. 809, @1 (rp))

§407-A. Identification of freshwater wetlands (REPEALED)

Section History:
PL 1985,
Ch. 485,
§5 (NEW).
PL 1987,
Ch. 402,
§A197 (AMD).
PL 1987,
Ch. 809,
§1 (RP ).
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Office of the Revisor of Statutes
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Title 38 - §407. Identification of freshwater wetlands (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1-C: FRESHWATER WETLANDS (HEADING: PL 1987, c. 809, @1 (rp))

§407. Identification of freshwater wetlands (REPEALED)

Section History:
PL 1981,
Ch. 705,
§W1 (NEW).
PL 1985,
Ch. 485,
§4 (RP ).
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Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §408. Prohibitions (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1-C: FRESHWATER WETLANDS (HEADING: PL 1987, c. 809, @1 (rp))

§408. Prohibitions (REPEALED)

Section History:
PL 1985,
Ch. 485,
§6 (NEW).
PL 1987,
Ch. 809,
§1 (RP ).
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Office of the Revisor of Statutes
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Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §409. Standards (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1-C: FRESHWATER WETLANDS (HEADING: PL 1987, c. 809, @1 (rp))

§409. Standards (REPEALED)

Section History:
PL 1985,
Ch. 485,
§6 (NEW).
PL 1987,
Ch. 809,
§1 (RP ).
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Office of the Revisor of Statutes
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Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §410-A. Permits; grants; denials; suspensions (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1-C: FRESHWATER WETLANDS (HEADING: PL 1987, c. 809, @1 (rp))

§410-A. Permits; grants; denials; suspensions (REPEALED)

Section History:
PL 1985,
Ch. 485,
§6 (NEW).
PL 1987,
Ch. 809,
§1 (RP ).
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Office of the Revisor of Statutes
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Title 38 - §410-B. Violations (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1-C: FRESHWATER WETLANDS (HEADING: PL 1987, c. 809, @1 (rp))

§410-B. Violations (REPEALED)

Section History:
PL 1985,
Ch. 485,
§6 (NEW).
PL 1987,
Ch. 809,
§1 (RP ).
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Office of the Revisor of Statutes
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Title 38 - §410-C. Enforcement (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1-C: FRESHWATER WETLANDS (HEADING: PL 1987, c. 809, @1 (rp))

§410-C. Enforcement (REPEALED)

Section History:
PL 1985,
Ch. 485,
§6 (NEW).
PL 1987,
Ch. 809,
§1 (RP ).
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Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §410-D. Exemptions (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1-C: FRESHWATER WETLANDS (HEADING: PL 1987, c. 809, @1 (rp))

§410-D. Exemptions (REPEALED)

Section History:
PL 1985,
Ch. 485,
§6 (NEW).
PL 1987,
Ch. 809,
§1 (RP ).
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §410-E. Fees (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1-C: FRESHWATER WETLANDS (HEADING: PL 1987, c. 809, @1 (rp))

§410-E. Fees (REPEALED)

Section History:
PL 1985,
Ch. 746,
§19 (NEW).
PL 1987,
Ch. 809,
§1 (RP ).
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Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §410-F. Marine Environmental Monitoring Program

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1-E: MARINE ENVIRONMENTAL MONITORING PROGRAM (HEADING: PL 1987, c. 843, @1 (new))

§410-F. Marine Environmental Monitoring Program

The Department of Environmental Protection in cooperation with the Department of Marine Resources shall establish the Marine Environmental Monitoring Program. The initial purpose of this program is to design a monitoring program to examine the extent and effect of industrial contaminants and pollutants on marine and estuarine ecosystems and to determine compliance with and attainment of water quality standards under article 4-A. This study must include, but is not limited to: [1991, c. 242, §4 (amd).]

1. Sources. The sources, fates and biological availability of these contaminants; [1987, c. 843, §1 (new).]

2. Impact. The impact of these contaminants on marine and estuarine biota; and [1987, c. 843, §1 (new).]

3. Assessment. An assessment of the condition of marine and estuarine habitats. [1987, c. 843, §1 (new).]
div>
The commissioner shall establish a task force to coordinate the continuing activities of the monitoring program. The Commissioner of Agriculture, Food and Rural Resources, the Commissioner of Environmental Protection, the Commissioner of Health and Human Services and the Commissioner of Marine Resources shall appoint representatives to serve as members of the task force. The task force shall address the identification and removal of sources of marine pollution. [1991, c. 242, §4 (new); 2003, c. 689, Pt. B, §7 (rev).]

Section History:
PL 1987,
Ch. 843,
§1 (NEW).
PL 1991,
Ch. 242,
§4 (AMD).
PL 2003,
Ch. 689,
§B7 (REV).
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Office of the Revisor of Statutes
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Title 38 - §410-G. Report required

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1-E: MARINE ENVIRONMENTAL MONITORING PROGRAM (HEADING: PL 1987, c. 843, @1 (new))

§410-G. Report required

The commissioner in cooperation with the Department of Marine Resources shall report to the joint standing committee of the Legislature having jurisdiction over energy and natural resources and the joint standing committee of the Legislature having jurisdiction over marine resources during the first regular session of each Legislature. The report is due on or before March 15th. The report must address the problems or potential problems of marine and estuarine resources caused by industrial contaminants. The commissioner also shall prescribe remedial steps to address problems identified in the report. If the department does not receive funding for the Marine Environmental Monitoring Program described in section 410-F during all or part of the calendar year prior to the first regular session of a Legislature, then the reporting requirements of this section are waived. [2001, c. 232, §7 (amd).]

Section History:
PL 1987,
Ch. 843,
§1 (NEW).
PL 1989,
Ch. 890,
§A40,B23 (AMD).
PL 2001,
Ch. 232,
§7 (AMD).
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §410-H. Definitions

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1-F: NONPOINT SOURCE POLLUTION PROGRAM (HEADING: PL 1991, c. 345 (new))

§410-H. Definitions

As used in this article, unless the context otherwise indicates, the following terms have the following meanings. [1991, c. 345 (new).]

1. Best management practice guidelines. "Best management practice guidelines" means recommended techniques or procedures or a combination of techniques or procedures that are determined by the appropriate agency identified in section 410-J to be the most effective practicable means of preventing or reducing pollution generated by nonpoint sources. [1991, c. 345 (new).]

2. Nonpoint source. "Nonpoint source" means any source, excluding any source defined as a direct discharge in section 466, that discharges pollutants into the surface or ground waters of the State, including, but not limited to, sources related to agriculture, construction and maintenance of bridges, railways and roads, forest management and commercial, industrial or residential development. [1991, c. 345 (new).]

Section History:
PL 1991,
Ch. 345,
§ (NEW).
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §410-I. Cooperation with agencies

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1-F: NONPOINT SOURCE POLLUTION PROGRAM (HEADING: PL 1991, c. 345 (new))

§410-I. Cooperation with agencies

1. Agency cooperation. The commissioner shall cooperate and coordinate with the Commissioner of Agriculture, Food and Rural Resources; the Commissioner of Conservation; the Commissioner of Transportation; the Commissioner of Economic and Community Development; the Commissioner of Health and Human Services; the Commissioner of Marine Resources; and the Director of the State Planning Office to ensure a coordinated approach to nonpoint source pollution control for agriculture, forestry, transportation and development. [1991, c. 345 (new); 2003, c. 689, Pt. B, §7 (rev).]

2. Ranking of watersheds. In cooperation with the commissioner, the agencies identified in subsection 1 shall identify those watersheds that should receive highest priority for corrective action for nonpoint source pollution and those actions recommended in great pond watersheds to control phosphorus runoff. [1991, c. 838, §17 (amd).]

Section History:
PL 1991,
Ch. 345,
§ (NEW).
PL 1991,
Ch. 838,
§17 (AMD).
PL 2003,
Ch. 689,
§B7 (REV).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §410-J. Program implementation

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1-F: NONPOINT SOURCE POLLUTION PROGRAM (HEADING: PL 1991, c. 345 (new))

§410-J. Program implementation

1. Agriculture. The Department of Agriculture, Food and Rural Resources shall develop best management practice guidelines to reduce and prevent nonpoint source pollution from agricultural activities. The Department of Agriculture, Food and Rural Resources may recommend to farmers the use of best management practice guidelines. [1991, c. 345 (new).]

2. Forestry. The Department of Conservation, Bureau of Forestry in cooperation with the commissioner shall develop best management practice guidelines to reduce and prevent nonpoint source pollution from wood harvesting and forest management activities. The Bureau of Forestry may publish best management practice guidelines for use by landowners and wood harvesters. Landowners and wood harvesters must be notified of these guidelines and assisted in their efforts to implement the guidelines in accordance with the Bureau of Forestry advisory programs under Title 12, sections 8611 and 8612. [1991, c. 345 (new).]

3. Transportation. The Department of Transportation in cooperation with the commissioner shall develop best management practice guidelines to reduce and prevent nonpoint source pollution from transportation-related activities. The Department of Transportation shall encourage all state or federally funded projects to use the best management practice guidelines. The Department of Transportation may provide technical assistance to municipalities. [1991, c. 345 (new).]

4. Development. The commissioner shall develop best management practice guidelines to reduce and prevent nonpoint source pollution from development-related activities. State agencies shall follow these guidelines in construction or remodeling activities for state buildings and other capital improvements. The commissioner shall provide guidance and technical assistance to the Office of Community Development and municipalities to support implementation through growth management programs authorized by the growth management laws, Title 30-A, chapter 187, subchapter II and municipal subdivision ordinances. [1991, c. 838, §18 (amd).]

Section History:
PL 1991,
Ch. 345,
§ (NEW).
PL 1991,
Ch. 838,
§18 (AMD).
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §410-K. Program review

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1-F: NONPOINT SOURCE POLLUTION PROGRAM (HEADING: PL 1991, c. 345 (new))

§410-K. Program review

Prior to January 1, 1993, the commissioner shall submit to the joint standing committee of the Legislature having jurisdiction over energy and natural resource matters a report detailing the effectiveness of the program and making recommendations for program improvements and fee amounts for permit applications under chapter 3, subchapter I, articles 5-A and 6. The commissioner shall make recommendations on the advisability of enacting statutory or regulatory exemptions from the water quality discharge licensing requirements of section 413 for those activities conducted in compliance with best management practice guidelines under this article. The commissioner shall submit with these recommendations an analysis of the legal and enforcement issues raised by these exemptions, specifically, the need to adopt by rule best management practice guidelines. In recommending fees pursuant to this section, the commissioner shall consider the cost of technical review and compliance inspection for best management practices and shall recommend fees that cover these costs. [1991, c. 838, §19 (amd).]

Section History:
PL 1991,
Ch. 345,
§ (NEW).
PL 1991,
Ch. 838,
§19 (AMD).
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §410-L. Lakes Assessment and Protection Program established

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1-G: LAKES ASSESSMENT AND PROTECTION PROGRAM (HEADING: PL 1997, c. 643, Pt. YY, @1 (new))

§410-L. Lakes Assessment and Protection Program established

The Lakes Assessment and Protection Program is established within the department to monitor and protect the health and integrity of the State's lakes. [1997, c. 643, Pt. YY, §1 (new).]

Section History:
PL 1997,
Ch. 643,
§YY1 (NEW).
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Office of the Revisor of Statutes
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State House Room 108
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Title 38 - §410-M. Lakes assessment and protection

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1-G: LAKES ASSESSMENT AND PROTECTION PROGRAM (HEADING: PL 1997, c. 643, Pt. YY, @1 (new))

§410-M. Lakes assessment and protection

In implementing the Lakes Assessment and Protection Program, the commissioner shall conduct activities within the following areas: [1997, c. 643, Pt. YY, §1 (new).]

1. Education and technical assistance. Education and technical assistance relating to lake functions and values, watershed planning and management, implementation of best management practices, effects of cumulative impacts and applicable laws and rules; [1997, c. 643, Pt. YY, §1 (new).]

2. Resource monitoring and research. Monitoring and research relating to the ecology and quality of lake resources, the vulnerability and the status of lakes, the relationship between the quality of lake resources and development, the design and effectiveness of best management practices and the effectiveness of efforts to protect lakes; and [1997, c. 643, Pt. YY, §1 (new).]

3. Compliance monitoring and enforcement. Promoting and monitoring compliance with and enforcement of the natural resources protection laws, the mandatory shoreland zoning laws, the storm water management laws, the erosion and sedimentation control laws and other state and local laws providing standards for the protection of lakes. [1997, c. 643, Pt. YY, §1 (new).]
div>
In establishing priorities for activities within the Lakes Assessment and Protection Program, the commissioner shall consider the recommendations of the Great Pond Task Force developed pursuant to section 1842-A and the watershed priorities established by the Land and Water Resources Council pursuant to Title 5, section 3331. [1997, c. 643, Pt. YY, §1 (new).]

Section History:
PL 1997,
Ch. 643,
§YY1 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
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Title 38 - §410-N. Aquatic nuisance species control

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1-G: LAKES ASSESSMENT AND PROTECTION PROGRAM (HEADING: PL 1997, c. 643, Pt. YY, @1 (new))

§410-N. Aquatic nuisance species control

1. Definitions. As used in this section and section 419-C, unless the context otherwise indicates, the following terms have the following meanings.

A. "Aquatic plant" means a vascular plant species that requires a permanently flooded freshwater habitat. [1999, c. 722, §1 (new).]

B. "Invasive aquatic plant" means a species identified by the department through rulemaking as an invasive aquatic plant or one of the following species:

(1) Eurasian water milfoil, Myriophyllum spicatum;

(2) Variable-leaf water milfoil, Myriophyllum heterophyllum;

(3) Parrot feather, Myriophyllum aquaticum;

(4) Water chestnut, Trapa natans;

(5) Hydrilla, Hydrilla verticillata;

(6) Fanwort, Cabomba caroliniana;

(7) Curly pondweed, Potamogeton crispus;

(8) European naiad, Najas minor;

(9) Brazilian elodea, Egeria densa;

(10) Frogbit, Hydrocharis morsus-ranae; and

(11) Yellow floating heart, Nymphoides peltata.

Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter II-A. [1999, c. 722, §1 (new).]

[1999, c. 722, §1 (new).]

2. Education. The department shall prepare educational materials that inform the public about problems associated with invasive aquatic plants, how to identify invasive aquatic plants, why it is important to prevent the transportation of aquatic plants and the prohibitions relating to aquatic plants contained in section 419-C. The department shall make the materials available to municipalities, lake associations, water quality monitors, law enforcement agents, businesses that sell aquatic plants in the State and other interested individuals.

A. The department shall provide signs for installation at all state boat launch facilities on fresh waters informing the public about the prohibition of aquatic plant transportation on boats and trailers and may provide these signs, as available funds allow, for installation at other boat launch sites including municipal boat launch facilities, campground boat launch facilities and other commonly used launch sites. [1999, c. 722, §1 (new).]

B. The department shall work with the Department of Transportation and the Maine Turnpike Authority to provide signs and educational materials on all major roads at the State's borders advising incoming boat owners that state law requires all boats and trailers to be free of aquatic plant material. [1999, c. 722, §1 (new).]

[1999, c. 722, §1 (new).]

3. Control. The department shall investigate and document the occurrence of invasive aquatic plants in state waters and may undertake activities to control invasive aquatic plant populations as follows.

A. The department or a person designated by the department may attempt eradication of an invasive aquatic plant from a water body if determined feasible by the department. If the commissioner determines that eradication activities must be undertaken immediately, a license is not required under section 480-C for the use of a physical, chemical or biological control material by the department or a person designated by the department if the use of the control material is specifically related to the immediate eradication of invasive aquatic plant populations in the water body. Prior to undertaking an eradication activity and to the extent practical, the department shall notify landowners whose property is adjacent to the area where the activity will be undertaken. [2001, c. 232, §8 (amd).]

B. The department may conduct research to test new control methods for the eradication of invasive aquatic plants pursuant to section 362-A. [1999, c. 722, §1 (new).]

C. The department may study and develop a plan that includes the use of water level drawdown for the eradication of invasive aquatic plants. If determined feasible by the department, the department may implement a plan developed pursuant to this paragraph. The department may seek funding from private sources to support the activities described in this paragraph. [2003, c. 136, §1 (new).]

[2003, c. 136, §1 (amd).]

Section History:
PL 1999,
Ch. 722,
§1 (NEW).
PL 2001,
Ch. 232,
§8 (AMD).
PL 2003,
Ch. 136,
§1 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §410. Delegation of permit granting authority to municipality (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 1-C: FRESHWATER WETLANDS (HEADING: PL 1987, c. 809, @1 (rp))

§410. Delegation of permit granting authority to municipality (REPEALED)

Section History:
PL 1985,
Ch. 485,
§6 (NEW).
PL 1987,
Ch. 809,
§1 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §411-A. State contribution to residential overboard discharge replacement projects

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 2: POLLUTION CONTROL

§411-A. State contribution to residential overboard discharge replacement projects

1. General authority. Subject to the availability of funds under section 411, the commissioner shall pay a portion of the expense of a pollution abatement construction project that results in the elimination of an overboard discharge to the waters of the State where that elimination is required under section 414-A, subsection 1-B. The costs eligible for payment under this program include the costs that the department requires for abandonment of the overboard discharge and the design, engineering and construction costs of the replacement system. Grants made under this section may be made directly to the owners of the overboard discharge and may also be made to sanitary and sewer districts that have agreed to establish operation and maintenance programs for holding tanks within their boundaries. [1989, c. 442, §1 (new); c. 890, Pt. A, §40 (aff); Pt. B, §25 (amd).]

2. Cost-share. [2003, c. 246, §3 (rp).]

2-A. Cost-share. The commissioner shall determine the portion of project expenses eligible for grants under this section as follows:

A. For an owner of overboard discharge with an annual income less than $25,000, 100%; [2003, c. 246, §4 (new).]

B. For an owner of overboard discharge with an annual income between $25,000 and $50,000, 90%; [2003, c. 246, §4 (new).]

C. For an owner of overboard discharge with an annual income between $50,001 and $75,000, 50%; [2003, c. 246, §4 (new).]

D. For an owner of overboard discharge with an annual income between $75,001 and $100,000, 35%; [2003, c. 246, §4 (new).]

E. For an owner of overboard discharge with an annual income over $100,000, 25%; and [2003, c. 246, §4 (new).]

F. For a publicly owned overboard discharge facility, 50% to a maximum of $150,000. [2003, c. 246, §4 (new).]

For purposes of this subsection, "annual income" means the sum of all the property owner's federal taxable income for the previous year for single family dwellings, gross profits for the previous year for commercial establishments and gross rents for the previous year for rental properties, as listed on the relevant federal income tax returns. [2003, c. 246, §4 (new).]

3. Priority. The commissioner shall utilize grants made under this section to eliminate sources of contamination to shellfish harvesting areas and to eliminate public nuisance conditions. [1989, c. 442, §1 (new); c. 890, Pt. A, §40 (aff); Pt. B, §25 (amd).]

4. Reimbursement. The commissioner shall utilize grants under this section to reimburse individuals for the cost of removing any overboard discharge, subject to the provisions of subsection 2-A, when:

A. The removal occurred after September 30, 1989 but was carried out according to plans and specifications approved by the commissioner in advance of construction and prior to the offering of a grant under this section; [2003, c. 246, §5 (rpr).]

B. The removal resulted in the elimination of sources of contamination to shellfish areas or public nuisance conditions; and [2003, c. 246, §5 (rpr).]

C. The removal is required under section 413, subsection 3 or section 414-A, subsection 1-B. [2003, c. 246, §5 (rpr).]

[2003, c. 246, §5 (rpr).]

Section History:
PL 1989,
Ch. 442,
§1 (NEW).
PL 1989,
Ch. 890,
§A40,B25 (AMD).
PL 1991,
Ch. 499,
§14 (AMD).
PL 1993,
Ch. 223,
§2 (AMD).
PL 1999,
Ch. 243,
§4 (AMD).
PL 2001,
Ch. 232,
§10 (AMD).
PL 2003,
Ch. 246,
§3-5 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §411-B. Planning

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 2: POLLUTION CONTROL

§411-B. Planning

The department is authorized to establish and conduct a continuous planning process in cooperation with federal, state, regional and municipal agencies consistent with the requirements of the Federal Water Pollution Control Act, 33 United States Code 1982, Section 1251, et seq., as amended. [1989, c. 890, Pt. A, §36 (new); §40 (aff).]

Section History:
PL 1989,
Ch. 890,
§A36,40 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §411. State contribution to pollution abatement

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 2: POLLUTION CONTROL

§411. State contribution to pollution abatement

The commissioner may pay an amount not to exceed 80% of the expense of a municipal or quasi-municipal pollution abatement construction program or a pollution abatement construction program in an unorganized township or plantation authorized by the county commissioners. The commissioner may make payments to the Maine Municipal Bond Bank to supply the State's share of the revolving loan fund established by Title 30-A, section 6006-A. The commissioner may pay up to 90% of the expense of a municipal or quasi-municipal pollution abatement construction program or a pollution abatement construction program in an unorganized township or plantation authorized by the county commissioners in which the construction cost of the project does not exceed $100,000 as long as not more than one grant is made to any applicant each year, except that the commissioner may pay a percentage of the cost of individual projects serving single-family dwellings, seasonal dwellings or commercial establishments according to the following schedule: div>
ANNUAL INCOME SINGLE- SEASONAL div>
FAMILY DWELLING div>
DWELLING

$0 to $5,000 100% 50%

$5,001 to $20,000 90% 50%

$20,001 to $30,000 50% 25%

$30,001 to $40,000 25% 25%

$40,001 or more 0% 0%
div>
GROSS PROFIT COMMERCIAL div>
ESTABLISHMENT

$0 to $50,000 50%

$50,001 to $100,000 25%

$100,001 or more 0% [2001, c. 232, §9 (amd).]
div>
For the purposes of this section, "annual income" means the sum of all the property owner's federal taxable income for the previous year for single-family or seasonal dwellings and "gross profit" means the sum of all the commercial establishment owner's gross profits for the previous year as listed on the relevant federal income tax returns. [1999, c. 375, §2 (amd).] div>
To determine eligibility, the commissioner may require an applicant to submit a copy of the relevant federal income tax return of the owner or owners. In addition to any penalty adjudged under section 349, a person who knowingly makes any false statement, representation or certification in the application for a grant under this section and who receives such a grant shall, upon conviction, make restitution to the department in an amount equal to the amount of the grant plus interest and reasonable recovery cost incurred by the department. [1995, c. 186, §2 (new).] div>
For small individual projects, following a period of 90 days from the date of application for assistance under this section, or as ground conditions permit, the unavailability of financial assistance under this section does not relieve an applicant of an obligation to comply with the state water classification program, Title 38, chapter 3, subchapter I, article 4-A or any other provision of law. [1991, c. 238, §2 (new).] div>
State grant-in-aid participation under this section is limited to grants for waste treatment facilities, interceptor systems and outfalls. The word "expense" does not include costs relating to land acquisition or debt service, unless allowed under federal statutes and regulations. [1989, c. 890, Pt. A, §40 (aff); Pt. B, §24 (amd).] div>
The commissioner shall develop a project priority list, for approval and adoption by the board, for pollution abatement construction and salt or sand-salt storage building projects. The factors considered in developing the priority lists include, but are not limited to, protection of groundwater and surface water, land use, shellfish, general public health hazards and water contact activities. The commissioner shall revise the project priority list for municipal and county salt and sand-salt storage facilities by October 1, 1999 and for all other sand and salt storage facilities by April 1, 2000. An owner or operator of a salt or sand-salt storage area may appeal the ranking and provide new information to the commissioner within 120 days of notification, which may change final priority ranking. The board shall release a final project priority list of municipal and county sites by April 1, 2000, and for all other sand and salt storage facilities by July 1, 2000. The board may not change the priority ranking for a municipality or county that prior to January 1, 1999 built a facility and also registered the site with the department pursuant to section 413. [1999, c. 387, §3 (amd).] div>
All proceeds of the sale of bonds for the construction and equipment of pollution abatement facilities expended under the direction and supervision of the commissioner must be segregated, apportioned and expended as provided by the Legislature. [1989, c. 890, Pt. A, §40 (aff); Pt. B, §24 (amd).]

Section History:
PL 1965,
Ch. 425,
§24 (AMD).
PL 1965,
Ch. 513,
§79 (AMD).
PL 1967,
Ch. 268,
§ (AMD).
PL 1967,
Ch. 475,
§9-A (AMD).
PL 1967,
Ch. 538,
§1,3 (RPR).
PL 1969,
Ch. 431,
§9 (AMD).
PL 1969,
Ch. 499,
§5-8 (AMD).
PL 1971,
Ch. 618,
§12 (AMD).
PL 1973,
Ch. 694,
§1 (RPR).
PL 1981,
Ch. 398,
§1,2 (AMD).
PL 1983,
Ch. 566,
§15 (AMD).
PL 1985,
Ch. 479,
§3 (RPR).
PL 1985,
Ch. 689,
§1-3 (AMD).
PL 1987,
Ch. 502,
§1,2 (AMD).
PL 1987,
Ch. 751,
§12 (AMD).
PL 1989,
Ch. 104,
§B13,C10 (AMD).
PL 1989,
Ch. 890,
§A40,B24 (AMD).
PL 1991,
Ch. 96,
§ (AMD).
PL 1991,
Ch. 238,
§2 (AMD).
PL 1991,
Ch. 824,
§A83 (AMD).
PL 1993,
Ch. 223,
§1 (AMD).
PL 1995,
Ch. 186,
§1,2 (AMD).
PL 1999,
Ch. 243,
§3 (AMD).
PL 1999,
Ch. 375,
§1,2 (AMD).
PL 1999,
Ch. 387,
§3 (AMD).
PL 1999,
Ch. 790,
§A50 (AMD).
PL 2001,
Ch. 232,
§9 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §412-A. Technical and legal assistance

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 2: POLLUTION CONTROL

§412-A. Technical and legal assistance

At the request of any recipient of state funds under section 411 or 412, the commissioner is authorized to provide technical assistance and, through the Attorney General, legal assistance in the administration or enforcement of any contract entered into, by or for the benefit of the recipient in connection with wastewater treatment works or other facilities assisted by these funds. [1989, c. 890, Pt. A, §40 (aff); Pt. B, §27 (amd).] div>
Whenever any state funds have been disbursed pursuant to section 411 or 412, the State, acting through the Attorney General, shall have a direct right of action against the recipient thereof, or any contractor, subcontractor, architect, engineer or manufacturer of any equipment purchased with these funds, to recover the funds, as well as any federal funds administered by the commissioner for the same purposes, which may be properly awarded as actual damages in an action alleging negligence or breach of contract. [1989, c. 890, Pt. A, §40 (aff); Pt. B, §27 (amd).]

Section History:
PL 1979,
Ch. 243,
§ (NEW).
PL 1989,
Ch. 890,
§A40,B27 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §412-B. Consultation on waste water disposal

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 2: POLLUTION CONTROL

§412-B. Consultation on waste water disposal

1. Consultation on disposal methods. The commissioner shall consult with and advise any person proposing or operating drainage, sewerage or industrial waste systems as to the best methods of disposal. In making recommendations, the commissioner shall consider the needs of the municipality, other municipalities and other persons affected. [1989, c. 890, Pt. A, §36 (new); §40 (aff).]

2. Consultation on water pollution abatement and prevention. The commissioner may consult with and advise persons or corporations who are licensed or apply for a license under this subchapter on water pollution abatement and prevention. [1989, c. 890, Pt. A, §36 (new); §40 (aff).]

3. Submission of plans for waste disposal. Any person who proposes a new system of drainage, sewage disposal, sewage treatment or industrial waste disposal into any waters of the State shall submit plans and specifications for the system to the commissioner for approval. Purely storm water systems located in or on or draining from public ways and any alterations in existing facilities are exempt from this requirement. [1989, c. 890, Pt. A, §36 (new); §40 (aff).]

Section History:
PL 1989,
Ch. 890,
§A36,40 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §412. Grants by State for planning

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 2: POLLUTION CONTROL

§412. Grants by State for planning

1. Grants by State for planning. The commissioner is authorized to pay an amount at least 15%, but not to exceed 25%, of the expense incurred by a municipality or quasi-municipal corporation in preliminary or final planning of a pollution abatement program in the form of a grant. The amount may not be paid until the governing body of the municipality or the quasi-municipal corporation duly votes to proceed with preliminary or final planning of a pollution abatement program, as appropriate.

A. For the purposes of this section, "preliminary planning" means engineering studies that include analysis of existing pollution problems; estimates of the cost of alternative methods of waste treatment, studies of areas to be served by the proposed facilities and estimates of the cost of serving such areas; preliminary sketches of existing and proposed sewer and treatment plant layouts; and estimates of alternative methods of financing, including user charges, and other studies and estimates designed to aid the municipality or quasi-municipal corporation in deciding whether and how best to proceed with a pollution abatement program. [1989, c. 890, Pt. A, §40 (aff); Pt. B, §26 (amd).]

B. For the purposes of this section, "final planning" means the preparation of engineering drawings and specifications for the construction of waste treatment facilities, interceptor systems and outfalls or other facilities specifically designated in departmental rules. All proceeds from the sale of bonds for the planning of pollution abatement facilities expended under the direction and supervision of the commissioner must be segregated, apportioned and expended as provided by the Legislature. [1989, c. 890, Pt. A, §40 (aff); Pt. B, §26 (amd).]

[1989, c. 890, Pt. A, §40 (aff); Pt. B, §26 (amd).]

Section History:
PL 1969,
Ch. 546,
§1 (RPR).
PL 1971,
Ch. 340,
§1 (AMD).
PL 1971,
Ch. 618,
§12 (AMD).
PL 1973,
Ch. 694,
§2 (RPR).
PL 1977,
Ch. 81,
§ (RPR).
PL 1989,
Ch. 890,
§A40,B26 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §413. Waste discharge licenses

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 2: POLLUTION CONTROL

§413. Waste discharge licenses

1. License required. No person may directly or indirectly discharge or cause to be discharged any pollutant without first obtaining a license therefor from the department. [1989, c. 890, Pt. A, §40 (aff); Pt. B, §28 (amd).]

1-A. License required for surface wastewater disposal systems. No person may install, operate or maintain a surface wastewater disposal system without first obtaining a license therefor from the department, except that the department may exempt or license by rule categories of storm water discharges to groundwater when the discharges will not have a significant adverse effect on the quality or classification of waters of the State. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A unless the rules are incorporated as amendments to existing rules that are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A. [2005, c. 219, §1 (amd).]

1-B. License required for subsurface wastewater disposal systems. A license to install, operate or maintain a subsurface wastewater disposal system is governed as set forth in this subsection.

A. A person may not install, operate or maintain a subsurface wastewater disposal system without first obtaining a license for the system from the department, except that a license is not required for systems designed and installed in conformance with the plumbing code, as adopted by the Department of Human Services under Title 22, section 42. [2003, c. 551, §5 (new).]

B. The department may exempt or license by rule categories of subsurface discharges to groundwater in the same manner and using the same criteria as provided in subsection 1-A. [2005, c. 219, §2 (amd).]

[2005, c. 219, §2 (amd).]

2. Exemptions. A person is not considered in violation of this section for the discharge of rock, sand, dirt or other pollutants resulting from erosion related to agricultural activities, subject to the following conditions.

A. The appropriate soil and water conservation district has recommended an erosion and sedimentation control plan or conservation plan for the land where this erosion originates. [1983, c. 566, §16 (rpr).]

B. The commissioner has certified that the plan meets the objectives of this chapter. [1989, c. 890, Pt. A, §40 (aff); Pt. B, §28 (amd).]

C. The commissioner determines that the agricultural activities are in compliance with the applicable portion of the plan, or the soil and water district has certified that funds from existing federal and state programs are not available to implement the applicable portion of the plan. [1989, c. 890, Pt. A, §40 (aff); Pt. B, §28 (amd).]

D. After the State receives authority to grant permits under the Federal Water Pollution Control Act, this exemption will not apply to any discharges considered point sources under federal law, including discharges from concentrated animal feeding operations and discharges from silvicultural point sources, as defined by federal law. [1997, c. 794, Pt. A, §12 (new).]

[1997, c. 794, Pt. A, §12 (amd).]

2-A. Exemptions; pesticide permits. [1979, c. 281, §3 (rp).]

2-A. Exemptions. [1979, c. 296, §2 (amd); c. 663, §229 (rp).]

2-A. Exemptions; pesticide permits. [1979, c. 541, Pt. B, §69 (rpr); c. 663, §229 (rp).]

2-B. Exemptions; snow dumps. The department may by rule license categories of snow dumps when the activity would not have a significant adverse effect on the quality or classifications of the waters of the State, except there may be no snow dumps directly into the fresh surface waters of the State. [1997, c. 794, Pt. A, §12 (amd).]

2-C. Dredge spoils. Holders of a permit obtained pursuant to the United States Clean Water Act, Public Law 92-500, Section 404, are exempt from the need to obtain a waste discharge license for disposal of dredged material into waters of the State when the dredged material is disposed of in an approved United States Army Corps of Engineers disposal site. Disposal of all dredged materials is governed by the natural resource protection laws, sections 480-A to 480-S. [1989, c. 656, §1 (amd).]

2-D. Exemptions; road salt or sand-salt storage piles. The commissioner may exempt any road salt or sand-salt storage area from the need to obtain a license under this section for discharges to groundwaters of the State when the commissioner finds that the exempt activity will not have a significant adverse effect on the quality or classifications of the groundwaters of the State. In making this finding, the commissioner's review must include, but is not limited to, the location, structure and operation of the storage area. Owners of salt storage areas shall register the location of storage areas with the department on or before January 1, 1986. As required by section 411, the department shall prioritize municipal or quasi-municipal sand-salt storage areas prior to November 1, 1986. New or existing salt or sand-salt storage areas registered after October 1, 1999 may be exempt from licensing under this section as long as such areas comply with siting, operational and best management practices adopted by rule by the department. Storage areas other than those owned by municipalities or counties and registered prior to October 1, 1999 are exempt from licensing under this section as long as such areas comply with section 451-A, subsection 1-A and with operational and best management practices adopted by rule by the department. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. Storage areas owned by the Department of Transportation and registered prior to October 1, 1999 are not in violation of best management practice rules adopted by the department pursuant to this subsection if the Department of Transportation complies with the reporting requirements in section 451-A. [2003, c. 502, §1 (amd).]

2-E. Exemptions; pesticide permits. [1997, c. 794, Pt. A, §13 (rp).]

2-F. Exemption; aquaculture. Until the State receives authority to grant permits under the Federal Water Pollution Control Act, 33 United States Code, 1982, a person may not be considered in violation of this section if:

A. The discharge activity is associated with off-shore marine aquaculture operations in the estuarine and marine waters; and [1987, c. 769, Pt. A, §173 (new).]

B. As a condition of obtaining a leasehold from the Department of Marine Resources, the Department of Environmental Protection certifies that the aquaculture activities mentioned in this subsection will not have a significant adverse effect on water quality or violate the standards ascribed to the receiving waters' classifications. [1987, c. 769, Pt. A, §173 (new).]

[1997, c. 794, Pt. A, §14 (amd).]

2-G. Exemptions; oil and hazardous substances spill response. A license is not required under this section for the following discharges:

A. A discharge to groundwaters of the State that occurs in the process of recovering, containing, cleaning up or removing an oil or hazardous substance spill or leak if discharge complies with the instructions of the commissioner or the commissioner's designee; or [1995, c. 493, §2 (new); §21 (aff).]

B. A discharge to surface waters of the State that occurs in the process of recovering, containing, cleaning up or removing an oil or hazardous substance spill or leak if the discharge complies with the instructions of an on-scene coordinator pursuant to 40 Code of Federal Regulations, Part 300. [1997, c. 794, Pt. A, §15 (amd).]

[1997, c. 794, Pt. A, §15 (amd).]

3. Transfer of ownership. In the event that any person possessing a license issued by the department transfers the ownership of the property, facility or structure that is the source of a licensed discharge, without transfer of the license being approved by the department, the license granted by the department continues to authorize a discharge within the limits and subject to the terms and conditions stated in the license, provided that the parties to the transfer are jointly and severally liable for any violation thereof until such time as the department approves transfer or issuance of a waste discharge license to the new owner. The department may in its discretion require the new owner to apply for a new license, or may approve transfer of the existing license upon a satisfactory showing that the new owner can abide by its terms and conditions. Except when it has been demonstrated within 5 years prior to a transfer that there is no technologically proven alternative to an overboard discharge, prior to transfer of ownership of property containing an overboard discharge, the parties to the transfer shall determine the feasibility of technologically proven alternatives to the overboard discharge that are consistent with the plumbing standards adopted by the Department of Health and Human Services pursuant to Title 22, section 42 based on documentation from a licensed site evaluator provided by the applicant and approved by the Department of Environmental Protection. The licensed site evaluator shall demonstrate experience in designing replacement systems for overboard discharge. If an alternative to the overboard discharge is identified, the alternative system must be installed within 90 days of property transfer, except that, if soil conditions are poor due to seasonal weather, the alternative may be installed as soon as soil conditions permit. The installation of an alternative to the overboard discharge may be eligible for funding under section 411-A. [2003, c. 246, §6 (amd); c. 689, Pt. B, §6 (rev).]

4. Conditions for licensing. [1973, c. 450, §10 (rp).]

5. Registration of discharges exempted from licensing. [1973, c. 450, §10 (rp).]

6. Unlicensed discharge. If after investigation the commissioner finds any unlicensed discharge, the commissioner may notify the Attorney General of the violation without recourse to the hearing procedures of section 347-A. The Attorney General shall proceed immediately under section 348. [1989, c. 890, Pt. A, §40 (aff); Pt. B, §28 (amd).]

7. Tidal waters and subtidal lands. In connection with a license under sections 414 and 414-A, whenever issued, the department may grant to a licensee a permit to construct, maintain and operate any facilities necessary to comply with the terms of that license in, on, above or under tidal waters or subtidal lands of the State. This permit may be issued upon such terms and conditions as the department determines necessary to insure that the facilities create minimal interference with existing uses, including a requirement that the licensee provide satisfactory evidence of financial capacity, or in lieu thereof, a bond in such form and amount as the department may find necessary, to insure removal of such facilities. In the event that the facilities are no longer necessary in order for the licensee or successor thereof to comply with the terms of its license, the department may, after opportunity for notice and hearing, require the licensee or successor to remove all or any portion of the facilities from the tidal waters or subtidal lands. This removal may be ordered if the department determines that maintenance of the facilities will unreasonably interfere with navigation, the development or conservation of marine resources, the scenic character of any coastal area, other appropriate existing public uses of such area or public health and safety, and that cost of this removal will not create an undue economic burden on the licensee or successor. [1989, c. 890, Pt. A, §40 (aff); Pt. B, §28 (amd).]

8. Treated wastewater. [1997, c. 794, Pt. A, §16 (rp).]

9. Emergency public water utility license. [1997, c. 794, Pt. A, §17 (rp).]

10. Marine aquaculture projects. After the State receives authority to grant permits under the Federal Water Pollution Control Act, 33 United States Code, 1982, the department may issue to an owner of a marine aquaculture project a license for the discharge of pollutants to those waters only if the following conditions are satisfied:

A. An application for a leasehold has been accepted as complete by the Department of Marine Resources and a copy of an approved leasehold is provided to the department prior to any discharge of pollutants; [1997, c. 794, Pt. A, §18 (new).]

B. The project will not have a significant adverse effect on water quality or violate the standards of the receiving water's classification; [1997, c. 794, Pt. A, §18 (new).]

C. The project will be managed and monitored in accordance with a program approved by the Department of Marine Resources; [1997, c. 794, Pt. A, §18 (new).]

D. The project is not located in waters classified as SA under section 465-B, subsection 1; and [1997, c. 794, Pt. A, §18 (new).]

E. Other applicable requirements of this chapter are met. [1997, c. 794, Pt. A, §18 (new).]

A license issued pursuant to this subsection is void if water quality is significantly affected by the project. For the purposes of this subsection, an aquaculture project is a defined managed water area that uses discharges of pollutants into that designated area for the maintenance or production of harvestable plants or animals in estuarine or marine waters. [1997, c. 794, Pt. A, §18 (new).]

11. Mercury. A facility discharging mercury into the waters of the State shall make reasonable progress to develop, incorporate and continuously improve pollution prevention practices and implement future economically achievable improvements in wastewater technology in order to reduce that facility's dependence upon mercury products, reduce or remove discharges of mercury over time and help in the restoration of the waters of the State. The department shall establish and may periodically revise interim discharge limits, based on procedures specified by rule, for each facility licensed under this section and subject to this subsection in order to reduce the discharge of mercury over time and achieve the ambient water quality criteria established in section 420, subsection 1-B. Notwithstanding section 420, subsection 1-B or section 464, subsection 4, paragraph F, a facility discharging mercury shall at all times meet the interim limits established under this subsection.

A. A discharge limit for mercury may not be less stringent statistically than an interim limit established by the department pursuant to Chapter 519 of rules adopted by the department, effective February 5, 2000, and must be based on recent data appropriate for the facility. A facility with such an interim limit shall comply with that limit unless the department establishes a different interim limit. [2001, c. 418, §1 (new).]

B. A facility that discharges mercury shall implement a pollution prevention plan consistent with requirements of the department. The department may require that the prevention plan be periodically updated.

(1) The facility shall submit a copy of the pollution prevention plan to the department and the copy must be made available for viewing upon request by a member of the public. The facility shall provide information concerning the status of implementation of the pollution prevention plan to the department as required by the department.

(2) The facility shall monitor for mercury and provide the monitoring information to the department as required by the department.
[2001, c. 418, §1 (new).]

C. The department may adjust an interim discharge limit for mercury upward or downward upon its own action or at the request of a licensee based upon factors such as additional monitoring data, reduction in flow due to implementation of a water conservation plan, seasonal variations, increased atmospheric deposition and changes in levels of production. [2001, c. 418, §1 (new).]

D. The department may approve an application and establish an interim discharge limit for a new or expanded discharge of mercury after the effective date of this paragraph only if:

(1) An opportunity for public participation is provided;

(2) The discharge will not result in a significant lowering of existing water quality with respect to mercury; and

(3) The action is necessary to achieve important economic or social benefits to the State.
[2001, c. 418, §1 (new).]

E. [2001, c. 418, §1 (new); T. 38, §413, sub-§11, paragraph E (rp) .]

F. Notwithstanding this subsection, whenever the commissioner finds that a danger to public health exists due to mercury concentrations in any waters of the State, the commissioner may issue an emergency order to all facilities discharging to those waters prohibiting or curtailing the further discharge of mercury and compounds containing mercury into those waters. These findings and the order must be served in a manner similar to that described in section 347-A, subsection 3 and the parties affected by that order have the same rights and duties as are described in section 347-A, subsection 3. [2001, c. 418, §1 (new).]

G. A facility may not directly or indirectly discharge to a publicly owned treatment facility any concentration of mercury that contributes to the failure of the treatment facility to comply with interim effluent limits or applicable ambient water quality criteria for mercury. The owner of a publicly owned treatment facility may require any user of that facility, except for a residential source, to institute measures necessary to abate discharges of mercury to that facility. Those measures may include, but are not limited to, testing to determine concentrations of mercury, institution of pollution prevention practices or the evaluation of raw materials, products or practices. The owner of a publicly owned treatment facility may establish reasonable time schedules for completion of those measures. A facility that does not comply with abatement measures required by an owner of a publicly owned treatment facility may be subject to enforcement actions taken by the department or the owner of the facility and sanctions imposed by applicable municipal ordinances or section 349. [2001, c. 418, §1 (new).]

[2001, c. 418, §1 (new).]

Section History:
MRSA ,

§T.38, SEC.41311E (AMD).
PL 1969,
Ch. 499,
§9 (AMD).
PL 1971,
Ch. 461,
§3 (AMD).
PL 1971,
Ch. 618,
§12 (AMD).
PL 1973,
Ch. 139,
§ (AMD).
PL 1973,
Ch. 450,
§7-10 (AMD).
PL 1973,
Ch. 788,
§208,209 (AMD).
PL 1975,
Ch. 770,
§209 (AMD).
PL 1977,
Ch. 271,
§4 (AMD).
PL 1977,
Ch. 300,
§16 (AMD).
PL 1977,
Ch. 373,
§32 (AMD).
PL 1979,
Ch. 281,
§3 (AMD).
PL 1979,
Ch. 296,
§2 (AMD).
PL 1979,
Ch. 380,
§2 (AMD).
PL 1979,
Ch. 444,
§3 (AMD).
PL 1979,
Ch. 472,
§13 (AMD).
PL 1979,
Ch. 541,
§B69,B70 (AMD).
PL 1979,
Ch. 663,
§229 (AMD).
PL 1983,
Ch. 566,
§16,17 (AMD).
PL 1985,
Ch. 479,
§4 (AMD).
PL 1987,
Ch. 235,
§ (AMD).
PL 1987,
Ch. 318,
§3 (AMD).
PL 1987,
Ch. 372,
§ (AMD).
PL 1987,
Ch. 394,
§1 (AMD).
PL 1987,
Ch. 769,
§A172-A175 (AMD).
PL 1989,
Ch. 656,
§1 (AMD).
PL 1989,
Ch. 890,
§A40,B28 (AMD).
PL 1993,
Ch. 333,
§1 (AMD).
PL 1995,
Ch. 493,
§2 (AMD).
PL 1995,
Ch. 493,
§21 (AFF).
PL 1997,
Ch. 794,
§A12-18 (AMD).
PL 1999,
Ch. 387,
§4 (AMD).
PL 2001,
Ch. 418,
§1 (AMD).
PL 2003,
Ch. 246,
§6 (AMD).
PL 2003,
Ch. 502,
§1 (AMD).
PL 2003,
Ch. 551,
§5 (AMD).
PL 2003,
Ch. 689,
§B6 (REV).
PL 2005,
Ch. 219,
§1,2 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §414-A. Conditions of licenses

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 2: POLLUTION CONTROL

§414-A. Conditions of licenses

1. Generally. The department shall issue a license for the discharge of any pollutants only if it finds that:

A. The discharge either by itself or in combination with other discharges will not lower the quality of any classified body of water below such classification; [1973, c. 450, §15 (new).]

B. The discharge either by itself or in combination with other discharges will not lower the quality of any unclassified body of water below the classification which the board expects to adopt in accordance with this subchapter; [1973, c. 450, §15 (new).]

C. The discharge either by itself or in combination with other discharges will not lower the existing quality of any body of water, unless, following opportunity for public participation, the department finds that the discharge is necessary to achieve important economic or social benefits to the State and when the discharge is in conformance with section 464, subsection 4, paragraph F. The finding must be made following procedures established by rule of the board pursuant to section 464, subsection 4, paragraph F; [1989, c. 890, Pt. A, §40 (aff); Pt. B, §30 (amd).]

D. The discharge will be subject to effluent limitations that require application of the best practicable treatment. "Effluent limitations" means any restriction or prohibition including, but not limited to, effluent limitations, standards of performance for new sources, toxic effluent standards and other discharge criteria regulating rates, quantities and concentrations of physical, chemical, biological and other constituents that are discharged directly or indirectly into waters of the State. "Best practicable treatment" means the methods of reduction, treatment, control and handling of pollutants, including process methods, and the application of best conventional pollutant control technology or best available technology economically achievable, for a category or class of discharge sources that the department determines are best calculated to protect and improve the quality of the receiving water and that are consistent with the requirements of the Federal Water Pollution Control Act, as amended, and published in 40 Code of Federal Regulations. If no applicable standards exist for a specific activity or discharge, the department must establish limits on a case-by-case basis using best professional judgment, after consultation with the applicant and other interested parties of record. In determining best practicable treatment for each category or class, the department shall consider the existing state of technology, the effectiveness of the available alternatives for control of the type of discharge and the economic feasibility of such alternatives; and [1997, c. 794, Pt. A, §22 (amd).]

E. A pesticide discharge is unlikely to exert a significant adverse impact on nontarget species. This standard is only applicable to applications to discharge pesticides. [1989, c. 890, Pt. A, §40 (aff); Pt. B, §30 (amd).]

[1997, c. 794, Pt. A, §22 (amd).]

1-A. License for copper sulfate applications in public water supplies. The commissioner may issue licenses to treat public water supplies with copper sulfate or related compounds. The commissioner may not issue more than 2 consecutive licenses for the same body of water.

A. A license may only be issued if the Department of Human Services, Division of Health Engineering has determined that:

(1) An abundant growth of algae producing taste or odor exists to such a degree that the water supply is in danger of becoming unhealthful or unpalatable;

(2) The abundance of algae is a sporadic event. For purposes of this section, "sporadic" means occurring not more than 2 years in a row; and

(3) The algae cannot effectively be controlled by other methods.
[1997, c. 794, Pt. A, §22 (amd).]

B. Any license issued under this subsection is for one application or series of applications not to exceed 6 months, as provided in the terms of the license. [1997, c. 794, Pt. A, §22 (amd).]

C. The commissioner shall impose all conditions necessary to meet the requirements of this section and all other relevant provisions of law. [1989, c. 890, Pt. A, §40 (aff); Pt. B, §30 (amd).]

D. [1997, c. 794, Pt. A, §22 (rp).]

[1997, c. 794, Pt. A, §22 (amd).]

1-B. Relicensing of overboard discharges. The following provisions shall govern the relicensing of overboard discharges.

A. The department shall find that the discharge meets the requirements of best practicable treatment under this section for purposes of relicensing when it finds that there are no technologically proven alternative methods of wastewater disposal consistent with the plumbing code adopted by the Department of Health and Human Services pursuant to Title 22, section 42 that will not result in an overboard discharge, based on documentation from a licensed site evaluator provided by the applicant and approved by the department. The licensed site evaluator shall demonstrate experience in designing replacement systems for overboard discharges. If a technologically proven alternative is identified, the alternative must be installed within 180 days of the application's being accepted by the department, subject to availability of funding under section 411-A. If the applicant is not eligible for funding under section 411-A, the alternative system must be installed within 180 days. If the applicant is eligible for funding but no funding is available, the installation of an alternative system may be postponed until funding is available. [2003, c. 246, §10 (amd); c. 689, Pt. B, §6 (rev).]

B. For the purposes of this subsection, the department may not require the installation or use of wastewater holding tanks as a "technologically proven alternative method of wastewater disposal" except in the following cases:

(1) Seasonal residential overboard discharges that are located on the mainland or on any island connected to the mainland by vehicle bridge or by scheduled car ferry service, when the elimination of the discharge alone or in conjunction with the elimination of other discharges will result in the opening of a shellfish harvesting area or the removal of a public nuisance condition;

(2) All overboard discharges located within the boundaries of a sanitary or sewer district when the district has agreed to service and maintain the holding tank at an annual fee that does not exceed those fees charged to other similar users of the district's services who are physically connected to the sewers of the district; and

(3) All overboard discharges located within the municipality when the municipality has agreed to service and maintain the holding tank at an annual fee that does not exceed those fees charged to other similar users of the municipality's services who are physically connected to the sewers of the municipality.
[2003, c. 246, §11 (amd).]

C. [2003, c. 246, §12 (rp).]

D. [2003, c. 246, §13 (rp).]

E. At the time of each relicensing of an overboard discharge, the department shall impose all conditions necessary to meet the requirements of this section and all other relevant laws. [1989, c. 442, §3 (new); c. 890, Pt. A, §40 (aff); Pt. B, §30 (amd).]

[2003, c. 246, §§10-13 (amd); c. 689, Pt. B, §6 (rev).]

1-C. License for the use of algicides in Class GPA waters. The commissioner may issue a license to a municipality for the discharge of copper compounds or other materials registered by the Department of Agriculture, Food and Rural Resources to control excessive algae growth in Class GPA waters when the commissioner has determined that:

A. A lake restoration plan to reduce algae growth has been designed and implemented in cooperation with the department; [1995, c. 642, §5 (new).]

B. That plan has been found by the department to have failed to achieve the desired level of restoration in a reasonable period of time; [1995, c. 642, §5 (new).]

C. Because of technical or financial limitations, there is no further plan for restoration; [1995, c. 642, §5 (new).]

D. The affected water has a recent history of severe algae blooms of less than one meter Secchi disk transparency; [1995, c. 642, §5 (new).]

E. A watershed plan to further reduce phosphorus loading to the affected water is being implemented by responsible parties including the department and all affected municipalities; and [1995, c. 642, §5 (new).]

F. The Department of Inland Fisheries and Wildlife has found that the discharge will not have an adverse impact on the fishery management plan of that water body. [1995, c. 642, §5 (new).]

This license allows for no more than one application of copper compounds or other registered algicides per year for a period not to exceed 5 years. Algicides must be applied in an amount and in a manner that minimizes risk to nontarget organisms. The individual conducting the treatment must be certified by the Board of Pesticides Control for the use of aquatic pesticides. Application of an algicide may only occur after the Secchi disk transparency of the water is less than 2 meters. Relicensing is contingent upon an assessment of the water quality and the effectiveness of the phosphorus reduction plan for the watershed. [1995, c. 642, §5 (new).]

2. Schedules of compliance. Within the terms and conditions of a license, the department may establish a schedule of compliance for a final effluent limitation based on a water quality standard adopted after July 1, 1977. When a final effluent limitation is based on new or more stringent technology-based treatment requirements, the department may establish a schedule of compliance consistent with the time limitations permitted for compliance under the Federal Water Pollution Control Act, Public Law 92-500, as amended. A schedule of compliance may include interim and final dates for attainment of specific standards necessary to carry out the purposes of this subchapter and must be as short as possible, based on consideration of the technological, economic and environmental impact of the steps necessary to attain those standards. [1993, c. 501, §1 (rpr).]

3. Federal law. When the Administrator of the United States Environmental Protection Agency ceases issuing permits for discharges of pollutants to waters of this State pursuant to the administrator's authority under Section 402(c)(1) of the Federal Water Pollution Control Act, as amended, the department shall refuse to issue a license for the discharge of pollutants which it finds would violate the provisions of any federal law relating to water pollution control, anchorage or navigation or regulations enacted pursuant thereto. Any license issued under this chapter after this determination must contain provisions, including effluent limitations, that the department determines necessary to carry out the purposes of this subchapter and any federal laws or regulations. Notwithstanding the foregoing, the department is authorized to issue licenses containing a variance from thermal effluent limitations, or from applicable compliance deadlines to accommodate an innovative technology. The variances may be granted only in accordance with the Federal Water Pollution Control Act, Sections 316 and 301(k), as amended, and applicable regulations. [1989, c. 890, Pt. A, §40 (aff); Pt. B, §30 (amd).]

4. License conditions affecting bypasses. In fashioning license decisions and conditions, the department shall consider the extent to which operation of the licensed facility will require an allowance for bypass of wastewater from any portion of a treatment facility when necessary for essential maintenance to assure efficient operation of the licensed facility, when unavoidable to prevent loss of life, personal injury or severe property damage and otherwise subject to applicable effluent limitations and standards. When the applicant demonstrates to the department that, consistent with best practical treatment requirements and other applicable standards, reasonably controlled and infrequent bypasses will be necessary for this purpose, and there is no feasible alternative to the bypass, such as the use of auxillary treatment facilities, retention of untreated wastes or maintenance during normal equipment downtime, the department shall fashion appropriate license allowances and conditions. [1997, c. 794, Pt. A, §24 (amd).]

5. Modification, reopening and revocation. The following actions may be taken to reopen, modify or revoke and reissue waste discharge licenses. All actions taken under this subsection must be with notice to the licensee and all other interested parties of record and with opportunity for hearing. Actions may be appealed as set forth in sections 341-D and 346.

A. The department may reopen a license to add or change conditions or effluent limitations for toxic compounds identified in 40 Code of Federal Regulations, Section 401 or to include schedules of compliance to implement industrial pretreatment rules adopted by the board. Additionally, at the time of license issuance, the department may include as a condition of a license a provision for reopening the license for inclusion or change of specific limitations when facts available upon issuance indicate that changed circumstances or new information may be anticipated. [1997, c. 794, Pt. A, §25 (new).]

B. A request for modification of a license may be made by the licensee for any valid cause or changed circumstance. The department may initiate a license modification:

(1) When necessary to correct legal, technical or procedural mistakes or errors;

(2) When there has been or will be a substantial change in the activity or means of treatment that occurred after the time the license was issued;

(3) When new information other than revised rules, guidance or test methods becomes available that would have justified different conditions at the time the license was issued;

(4) When a pollutant not included in the license may be present in the discharge in quantities sufficient to require treatment, such as when the pollutant exceeds the level that can be achieved by the technology-based treatment standards appropriate to the licensee, or contribute to water quality violations;

(5) When necessary to remove net limits based on pollutant concentration in intake water when the licensee is no longer eligible for them, consistent with federal law;

(6) When necessary to make changes as a result of the failure of one state to notify another state whose waters may be affected by a discharge; or

(7) When necessary to include pretreatment compliance schedules required pursuant to federal law.
[1997, c. 794, Pt. A, §25 (new).]

C. Notwithstanding Title 5, section 10051, the board may modify, revoke or suspend a license when the board finds that any of the conditions specified in section 341-D, subsection 3 exist or upon an application for transfer of a license. [1997, c. 794, Pt. A, §25 (new).]

[1997, c. 794, Pt. A, §25 (new).]

6. Cooling water intake structures. Any standard established by the department pursuant to section 413 or this section with respect to cooling water discharges and applicable to a point source must require that the location, design, construction and capacity of cooling water intake structures reflect the best technology available for minimizing adverse environmental impacts. [2001, c. 232, §11 (new).]

Section History:
PL 1973,
Ch. 450,
§15 (NEW).
PL 1973,
Ch. 788,
§210 (AMD).
PL 1979,
Ch. 127,
§209 (AMD).
PL 1979,
Ch. 281,
§4 (AMD).
PL 1979,
Ch. 444,
§5-7 (AMD).
PL 1979,
Ch. 663,
§230 (AMD).
PL 1983,
Ch. 566,
§19 (AMD).
PL 1987,
Ch. 192,
§11 (AMD).
PL 1987,
Ch. 394,
§2 (AMD).
PL 1989,
Ch. 442,
§3 (AMD).
PL 1989,
Ch. 856,
§1,7 (AMD).
PL 1989,
Ch. 890,
§A40,B30 (AMD).
PL 1991,
Ch. 66,
§A43 (AFF).
PL 1991,
Ch. 66,
§A7 (AMD).
PL 1991,
Ch. 483,
§2 (AMD).
PL 1993,
Ch. 232,
§2,3 (AMD).
PL 1993,
Ch. 410,
§G6 (AMD).
PL 1993,
Ch. 501,
§1 (AMD).
PL 1995,
Ch. 642,
§5 (AMD).
PL 1997,
Ch. 794,
§A22-25 (AMD).
PL 2001,
Ch. 232,
§11 (AMD).
PL 2003,
Ch. 246,
§10-13 (AMD).
PL 2003,
Ch. 689,
§B6 (REV).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §414-B. Publicly owned treatment works

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 2: POLLUTION CONTROL

§414-B. Publicly owned treatment works

1. Definition. "Publicly owned treatment works" means any device or system for the treatment of pollutants owned by the State or any political subdivision thereof, any municipality, district, quasi-municipal corporation or other public entity. "Publicly owned treatment works" includes sewers, pipes or other conveyances only if they convey wastewater to a publicly owned treatment works providing treatment. [2001, c. 232, §12 (amd).]

2. Pretreatment standards. The department may establish pretreatment standards for the introduction into publicly owned treatment works of pollutants that interfere with, pass through or otherwise are incompatible with those treatment works. In addition, the department may establish pretreatment standards for designated toxic pollutants that may be introduced into a publicly owned treatment works. In order to assume and properly administer the authority to issue and enforce permits under the Federal Water Pollution Control Act, the department may adopt rules as necessary, provided that the rules comply with the Federal Water Pollution Control Act or 40 Code of Federal Regulations, Part 403. The department may require that any license for a discharge from a publicly owned treatment works include conditions to require the identification of pollutants, in terms of character and volume, from any significant source introducing pollutants subject to pretreatment standards, and to assure compliance with these pretreatment standards by each of these sources. [1997, c. 794, Pt. A, §26 (amd).]

2-A. Prohibited discharge through publicly owned treatment works. The discharge to a publicly owned treatment works of any pollutant that interferes with, passes through or otherwise is incompatible with these works, or that is a designated toxic pollutant, is prohibited unless in compliance with pretreatment standards established for the applicable class or category of discharge. Violation of the terms and conditions of local pretreatment regulations or a user contract, permit or similar agreement between an industrial user and the owner of a publicly owned treatment works is prohibited. A violation may be enforced by the State or the owner of the treatment works or through joint action. [1997, c. 794, Pt. A, §27 (amd).]

3. User charges. The department may impose as a condition in any license for the discharge of pollutants from publicly owned treatment works appropriate measures to establish and insure compliance by users of such treatment works with any system of user charges required by state or federal law or regulations promulgated thereunder. [1989, c. 890, Pt. A, §40 (aff); Pt. B, §32 (amd).]

4. Acceptance of wastewater. Municipal and quasi-municipal wastewater treatment facilities constructed wholly or in part with funding allocated pursuant to section 411 shall accept for treatment holding tank wastewater from any watercraft sewage pump-out facilities required pursuant to section 423-B. Municipal and quasi-municipal wastewater treatment facilities may charge an annual or per visit fee for this service to be approved by the commissioner. [1989, c. 433, §1 (new); c. 890, Pt. A, §40 (aff); Pt. B, §33 (amd).]

Section History:
PL 1973,
Ch. 450,
§15 (NEW).
PL 1979,
Ch. 444,
§8,9 (AMD).
PL 1989,
Ch. 433,
§1 (AMD).
PL 1989,
Ch. 890,
§A40,B31-33 (AMD).
PL 1997,
Ch. 794,
§A26,27 (AMD).
PL 2001,
Ch. 232,
§12 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §414-C. Color pollution control

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 2: POLLUTION CONTROL

§414-C. Color pollution control

1. Color pollution control; finding. The Legislature finds that further, rigorous control of color, odor and foam pollutants is consistent with modernization of the State's kraft pulp industry and that process technologies to accomplish this objective will enhance the competitive position of this industry. [1989, c. 864, §1 (new).]

2. Best practicable treatment; color pollution. For the purposes of section 414-A, subsection 1, paragraph D, "best practicable treatment" for color pollution control for discharges of color pollutants from the kraft pulping process is:

A. For discharges licensed and in existence prior to July 1, 1989:

(1) On July 1, 1998 and until December 31, 2000, 225 pounds or less of color pollutants per ton of unbleached pulp produced, measured on a quarterly average basis; and

(2) On and after January 1, 2001, 150 pounds or less of color pollutants per ton of unbleached pulp produced, measured on a quarterly average basis; and
[1997, c. 444, §1 (rpr).]

B. For discharges licensed for the first time after July 1, 1989, 150 pounds or less of color pollutants per ton of unbleached pulp produced, measured on a quarterly average basis. [1989, c. 864, §1 (new).]

A discharge from a kraft pulp mill that is in compliance with this subsection is exempt from the provisions of subsection 3. [1997, c. 444, §1 (amd).]

3. Instream color pollution standard. An individual waste discharge may not increase the color of any water body by more than 20 color pollution units. The total increase in color pollution units caused by all waste discharges to the water body must be less than 40 color pollution units. This subsection applies to all flows greater than the minimum 30-day low flow that can be expected to occur with a frequency of once in 10 years. A discharge that is in compliance with this subsection is exempt from the provisions of subsection 2, paragraph A. Such a discharge may not exceed 175 pounds of color pollutants per ton of unbleached pulp produced after January 1, 2001. [1997, c. 444, §2 (amd).]

4. Schedule of compliance. [1997, c. 444, §3 (rp).]

4-A. Compliance deadlines. [1997, c. 444, §4 (rp).]

4-B. Progress report. [1997, c. 444, §4 (rp).]

4-C. Color reduction evaluation. If a discharge is not in compliance with either subsection 2 or 3 after January 1, 2001, the kraft pulp mill with a noncompliant discharge shall evaluate the potential for further color reductions. This evaluation must include the identification of each internal source of color, the contribution of color from each internal source, the options available for further color reductions for each internal source, the cost of these options for each internal source, the estimated final color discharge after implementation of the options given in pounds of color per ton of unbleached product and an assessment of the final impact on the in-stream color after implementation of the options including the amount of change expressed in color pollution units. This evaluation must be submitted to the commissioner for review no later than July 1, 2001 and by September 1, 2001 the commissioner shall modify the license to provide for a mill-specific best practicable treatment and compliance schedule. [1997, c. 444, §5 (new).]

5. Interstate waters. For the purposes of the commissioner's responsibilities under the Federal Water Pollution Control Act, Public Law 92-500, Section 401(a)(2), as amended, the commissioner shall find that the discharge of color pollution in excess of the standard established under subsection 2, paragraph A, into any surface water that subsequently enters the State affects the quality of the State's waters so as to violate the water quality requirements of the State. [1989, c. 864, §1 (new).]

6. Monitoring established. The commissioner shall incorporate as part of the department's ongoing water quality monitoring program, monitoring of color, odor and foam pollutants. [1997, c. 444, §6 (amd).]

Section History:
PL 1989,
Ch. 864,
§1 (NEW).
PL 1991,
Ch. 835,
§1 (AMD).
PL 1997,
Ch. 444,
§1-6 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §414. Applications for licenses

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 2: POLLUTION CONTROL

§414. Applications for licenses

1. Administration. [1977, c. 300, §17 (rp).]

2. Terms of licenses. Licenses are issued by the department for a term of not more than 5 years. [2003, c. 246, §7 (amd).]

2-A. Relicensing. The relicensing of an existing licensed waste discharge prior to or after the expiration of the term of the existing license is subject to all of the requirements of this chapter. For the purposes of this chapter, the term "relicense" includes, without limitation, the terms "renewal," "renew," "reissue" and "extend." Relicensing of a waste discharge may be denied for any of the reasons set forth in section 341-D. [1997, c. 794, Pt. A, §20 (amd).]

3. Inspection and records. Authorized representatives of the commissioner and the Attorney General have access at any reasonable time, to and through any premises where a discharge originates or is located or where required records are kept, including records of industrial users of publicly owned treatment works, for the purposes of inspection, testing and sampling. The department may order a discharger to produce and has the right to copy any records relating to the handling, treatment or discharge of pollutants and may require any licensee to keep such records relating to the handling, treatment or discharge of pollutants as the department determines necessary. The department also may order, in writing, a discharger or industrial user of publicly owned treatment works to produce such records, reports and other information as may reasonably be required in order to determine if that person is in violation of any law, order, rule, license, permit, approval or decision of the board or commissioner related to a wastewater discharge. [1997, c. 794, Pt. A, §20 (amd).]

3-A. Inspection of overboard discharge systems. The department shall inspect all licensed overboard discharge systems. The cost of the inspections must be assessed as part of the annual license fee. For residential overboard discharges owned by individuals, the department shall provide a fee reduction based on the adjusted gross income of the license holder on the most recent tax return under the federal Internal Revenue Code of 1986. If the license holder's adjusted gross income is less than $15,000, the license holder may reduce the total fee by $125. Any overboard discharge license owner with a mechanical treatment system must provide annual proof of a private maintenance contract for maintenance of that system.

A. [2003, c. 246, §8 (rp).]

B. [2003, c. 246, §8 (rp).]

[2003, c. 246, §8 (rpr).]

3-B. Waiver of inspection; reduced fees. [2003, c. 246, §9 (rp).]

4. Schedule of fees for discharge licenses. [1973, c. 712, §6 (rp).]

5. Unlawful to violate license. After the issuance of a license by the department, it is unlawful to violate the terms or conditions of the license, whether or not such violation actually lowers the quality of the receiving waters below the minimum requirements of their classification. [1989, c. 890, Pt. A, §40 (aff); Pt. B, §29 (amd).]

6. Confidentiality of records. Any records, reports or information obtained under this subchapter is available to the public, except that upon a showing satisfactory to the department by any person that any records, reports or information, or particular part of any record, report or information, other than the names and addresses of applicants, license applications, licenses and effluent data, to which the department has access under this subchapter would, if made public, divulge methods or processes that are entitled to protection as trade secrets, these records, reports or information must be confidential and not available for public inspection or examination. Any records, reports or information may be disclosed to employees or authorized representatives of the State or the United States concerned with carrying out this subchapter or any applicable federal law, and to any party to a hearing held under this section on terms the commissioner may prescribe in order to protect these confidential records, reports and information, as long as this disclosure is material and relevant to any issue under consideration by the department. [1997, c. 794, Pt. A, §20 (amd).]

7. Processing. [1977, c. 300, §19 (rp).]

8. Effect of license. Issuance of a license under this chapter does not convey any property right of any sort, or exclusive privilege. Except for toxic effluent standards and prohibitions imposed under the Federal Water Pollution Control Act, Section 307, as amended, compliance with a license during its terms constitutes compliance with this chapter. It is not a defense for a licensee in an enforcement action that it would have been necessary to halt or reduce the licensed activity in order to maintain compliance with the conditions of the license. The licensee shall take all reasonable steps to minimize or prevent any discharge in violation of a license that has a reasonable likelihood of adversely affecting human health or the environment. [1997, c. 794, Pt. A, §21 (new).]

Section History:
PL 1969,
Ch. 431,
§3-A (AMD).
PL 1969,
Ch. 499,
§10 (RPR).
PL 1969,
Ch. 567,
§ (AMD).
PL 1971,
Ch. 256,
§2 (AMD).
PL 1971,
Ch. 461,
§4 (AMD).
PL 1971,
Ch. 618,
§12 (AMD).
PL 1971,
Ch. 622,
§136,137 (AMD).
PL 1973,
Ch. 450,
§11-14 (AMD).
PL 1973,
Ch. 712,
§6 (AMD).
PL 1977,
Ch. 300,
§17-19 (AMD).
PL 1979,
Ch. 444,
§4 (AMD).
PL 1983,
Ch. 566,
§18 (AMD).
PL 1987,
Ch. 180,
§2 (AMD).
PL 1989,
Ch. 442,
§2 (AMD).
PL 1989,
Ch. 807,
§ (AMD).
PL 1989,
Ch. 890,
§A40,B29 (AMD).
PL 1991,
Ch. 66,
§A6 (AMD).
PL 1991,
Ch. 294,
§1,2 (AMD).
PL 1993,
Ch. 410,
§G5 (AMD).
PL 1997,
Ch. 794,
§A19-21 (AMD).
PL 2003,
Ch. 246,
§7-9 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §415. Appeals (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 2: POLLUTION CONTROL

§415. Appeals (REPEALED)

Section History:
PL 1967,
Ch. 475,
§10 (RPR).
PL 1969,
Ch. 431,
§3-B (AMD).
PL 1971,
Ch. 304,
§ (RPR).
PL 1971,
Ch. 461,
§5 (AMD).
PL 1971,
Ch. 618,
§12 (AMD).
PL 1977,
Ch. 300,
§20 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §416. Discharge of oil prohibited (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 2: POLLUTION CONTROL

§416. Discharge of oil prohibited (REPEALED)

Section History:
PL 1969,
Ch. 431,
§4,9 (AMD).
PL 1969,
Ch. 572,
§2 (AMD).
PL 1971,
Ch. 458,
§1 (RPR).
PL 1971,
Ch. 618,
§12 (AMD).
PL 1973,
Ch. 450,
§16 (AMD).
PL 1977,
Ch. 375,
§1 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §417-A. Manure spreading

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 2: POLLUTION CONTROL

§417-A. Manure spreading

Notwithstanding Title 7, section 4207, when the ground is frozen, a person may not spread manure on agricultural fields within a great pond watershed unless this activity is in accordance with a conservation plan for that land on file with a state soil and water conservation district. [1997, c. 642, §6 (amd).]

Section History:
PL 1991,
Ch. 838,
§20 (NEW).
PL 1997,
Ch. 642,
§6 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §417. Certain deposits and discharges prohibited

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 2: POLLUTION CONTROL

§417. Certain deposits and discharges prohibited

No person, firm, corporation or other legal entity may place, deposit or discharge, directly or indirectly into the inland waters or tidal waters of this State, or on the ice thereof, or on the banks thereof in such a manner that it may fall or be washed into these waters, or in such a manner that the drainage from any of the following may flow or leach into these waters, except as otherwise provided by law: [1989, c. 890, Pt. A, §40 (aff); Pt. B, §34 (rpr).]

1. Forest products refuse. Any slabs, edgings, sawdust, shavings, chips, bark or other forest products refuse; [1989, c. 890, Pt. A, §40 (aff); Pt. B, §34 (new).]

2. Potatoes. Any potatoes or any part or parts of potatoes; or [1989, c. 890, Pt. A, §40 (aff); Pt. B, §34 (new).]

3. Refuse. Any scrap metal, junk, paper, garbage, septage, sludge, rubbish, old automobiles or similar refuse. [2003, c. 650, §1 (amd).]
div>
This section does not apply to solid waste disposal facilities in operation on July 1, 1977, owned by a municipality or quasi-municipal authority if the operation and maintenance of the facility has been or is approved by the department pursuant to the requirements of chapter 13 and the rules adopted thereunder. [1989, c. 890, Pt. A, §40 (aff); Pt. B, §34 (rpr).]

Section History:
PL 1969,
Ch. 431,
§5 (AMD).
PL 1971,
Ch. 458,
§2 (RPR).
PL 1973,
Ch. 450,
§17 (AMD).
PL 1977,
Ch. 373,
§33 (AMD).
PL 1989,
Ch. 890,
§A40,B34 (RPR).
PL 2003,
Ch. 650,
§1 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §418-A. Protection of the lower Penobscot River

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 2: POLLUTION CONTROL

§418-A. Protection of the lower Penobscot River

1. Findings. The Legislature finds that the lower Penobscot River is a unique and valuable natural resource. The lower Penobscot River serves as an example to the Nation that good public policy carefully implemented can restore and preserve our natural resources. The river has supported, and is again beginning to support, the greatest run of Atlantic salmon in North America, providing a unique fishing opportunity for Maine residents. The Legislature declares that the preservation and restoration of the lower Penobscot River is of the highest priority. [1981, c. 674 (new).]

2. Prohibition. To protect water quality and aquatic resources, fisheries and fishing opportunities, and as an exercise of the public trust of the State, no person, firm, corporation, municipality or other legal entity may erect, operate, maintain or use any dam on that portion of the Penobscot River downstream from the Bangor Hydroelectric Company Dam located at Veazie to the southernmost point of Verona Island for any purpose not previously authorized by act, resolve or operation of law, unless specifically authorized by the Legislature. [1981, c. 674 (new).]

3. Study authorized. Any person, firm, corporation, municipality or other legal entity may study the feasibility of erecting, operating, maintaining or using a dam for hydroelectric generation on the portion of the Penobscot River described in subsection 2. [1981, c. 674 (new).]

Section History:
PL 1981,
Ch. 674,
§ (NEW).
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Office of the Revisor of Statutes
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Title 38 - §418. Log driving and storage

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 2: POLLUTION CONTROL

§418. Log driving and storage

1. Prohibitions. A person, firm, corporation or other legal entity may not place logs or pulpwood:

A. Into the inland waters of the State for the purpose of driving the logs or pulpwood to pulp mills, lumber mills or any other destination, except to transport logs or pulpwood from islands to the mainland; [2003, c. 452, Pt. W, §5 (new); Pt. X, §2 (aff).]

B. On the ice of any inland waters of the State, except to transport logs or pulpwood from islands to the mainland; or [2003, c. 452, Pt. W, §5 (new); Pt. X, §2 (aff).]

C. Into the inland waters of the State for the purpose of storage or curing the logs or pulpwood, or for other purposes incidental to the processing of forest products, or to transport logs or pulpwood from islands to the mainland, without a permit from the department as described in subsection 2. [2003, c. 452, Pt. W, §5 (new); Pt. X, §2 (aff).]

[2003, c. 452, Pt. W, §5 (rpr); Pt. X, §2 (aff).]

2. Storage; permit. Whoever proposes to use the inland waters of this State for the storage or curing of logs or pulpwood, or for other purposes incidental to the processing of forest products, or to transport logs or pulpwood from islands to the mainland, shall apply to the department for a permit for that use. Applications for these permits must be in a form prescribed by the commissioner. If the department finds, on the basis of the application, that the proposed use will not lower the existing quality or the classification, whichever is higher, of any waters, nor adversely affect the public rights of fishing and navigation therein, and that inability to conduct that use will impose undue economic hardship on the applicant, it shall grant the permit for a period not to exceed 5 years, with such terms and conditions as, in its judgment, may be necessary to protect the quality, standards and rights. In the event the department determines it necessary to solicit further evidence regarding the proposed use, it shall schedule a public hearing on the application. At that hearing the department shall solicit and receive testimony concerning the nature and extent of the proposed use and its impact on existing water quality, water classification standards and the public rights of fishing and navigation and the economic implications upon the applicant of the use. If, after hearing, the department determines that the proposed use will not lower the existing quality or the classification standards, whichever is higher, of any waters, nor adversely affect the public rights of fishing and navigation therein and that inability to conduct the use will impose undue economic hardship on the applicant, it shall grant the permit for a period not to exceed 5 years, with such terms and conditions as in its judgment may be necessary to protect the quality, standards and rights. [1997, c. 794, Pt. A, §28 (amd).]

3. Exception. [1973, c. 422 (rp).]

Section History:
PL 1971,
Ch. 323,
§ (NEW).
PL 1971,
Ch. 355,
§ (NEW).
PL 1971,
Ch. 372,
§ (NEW).
PL 1971,
Ch. 544,
§127,131 (RP ).
PL 1971,
Ch. 544,
§129,131 (RP ).
PL 1971,
Ch. 618,
§12 (AMD).
PL 1973,
Ch. 422,
§ (AMD).
PL 1973,
Ch. 625,
§272 (AMD).
PL 1973,
Ch. 712,
§7 (AMD).
PL 1977,
Ch. 300,
§21,22 (AMD).
PL 1983,
Ch. 375,
§1,2 (AMD).
PL 1983,
Ch. 566,
§20,21 (AMD).
PL 1983,
Ch. 743,
§11 (AMD).
PL 1985,
Ch. 506,
§A79 (AMD).
PL 1989,
Ch. 890,
§A40,B35 (AMD).
PL 1997,
Ch. 794,
§A28 (AMD).
PL 2003,
Ch. 452,
§W5 (AMD).
PL 2003,
Ch. 452,
§X2 (AFF).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §419-A. Prohibition on the use of tributyltin as an antifouling agent

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 2: POLLUTION CONTROL

§419-A. Prohibition on the use of tributyltin as an antifouling agent

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

A. [T. 38, §419-A, sub-§1, paragraph A (rp).]

A-1. "Acceptable release rate" means a measured release rate equal to or less than 4.0 micrograms per square centimeter per day at steady state conditions determined in accordance with federal Environmental Protection Agency testing procedures on tributyltin in antifouling paints under the Federal Insecticide, Fungicide and Rodenticide Act. [1993, c. 15, §1 (amd); §2 (aff).]

B. "Antifouling paint" means a compound, coating, paint or treatment applied or used for the purpose of controlling freshwater or marine fouling organisms on vessels. [1987, c. 769, Pt. B, §8 (amd).]

C. "Commercial boatyard" means:

(1) A facility that engages for hire in the construction, storage, maintenance, repair or refurbishing of vessels; or

(2) An independent marine maintenance contractor who engages in any of the activities listed in subparagraph (1).
[1987, c. 474 (new).]

D. "Trap dip" means a liquid antifouling agent or preservative with which wooden lobster traps are treated. [1987, c. 474 (new).]

E. "Tributyltin compound" means any organotin compound that has 3 normal butyl groups attached to a tin atom, with or without an anion, such as chloride, fluoride or oxide. [1987, c. 474 (new).]

F. "Vessel" means a watercraft or other conveyance used as a means of transportation on water, whether self-propelled or otherwise. This definition includes barges and tugs. [1987, c. 474 (new).]

[1993, c. 15, §1 (amd); §2 (aff).]

2. Prohibition on use. Prohibition on use includes the following.

A. Except as provided in subsection 3, a person may not distribute, possess, sell, offer for sale, apply or offer for application any antifouling paint or trap dip containing a tributyltin compound. [1987, c. 474 (new).]

B. No person may distribute, possess, sell, offer for sale, apply or offer for application any substance that contains a tributyltin compound in concentrated form that is labeled for mixing with paint or solvents to produce an antifouling paint for use on vessels, wooden lobster traps, fishing gear for marine waters, floats, moorings or piers. [1987, c. 474 (new).]

C. The Board of Pesticides Control is the enforcement agency for this section. The Board of Pesticides Control shall make available a list of paints with acceptable tributyltin release rates by January 1, 1988. [1989, c. 890, Pt. A, §40 (aff); Pt. B, §36 (amd).]

D. This section shall take effect on January 1, 1988. [1987, c. 474 (new).]

[1989, c. 890, Pt. A, §40 (aff); Pt. B, §36 (amd).]

3. Exceptions. Exceptions to the prohibition are as follows.

A. A person may distribute or sell an antifouling paint containing a tributyltin compound with an acceptable release rate to the owner or agent of a commercial boatyard. The owner or agent of a commercial boatyard may purchase, possess and apply an antifouling paint containing tributyltin compounds with an acceptable release rate, if the antifouling paint is applied only within a commercial boatyard and is applied only to vessels exceeding 25 meters in length or that have aluminum hulls. [1987, c. 474 (new).]

B. This section does not prohibit the sale, application or possession of an antifouling paint containing a tributyltin compound, if the antifouling paint is in a spray can of 16 ounces or less, is commonly referred to as an outboard or lower drive unit paint and has an acceptable release rate. [1987, c. 474 (new).]

[1987, c. 474 (new).]

Section History:
PL 1987,
Ch. 474,
§ (NEW).
PL 1987,
Ch. 769,
§B8 (AMD).
PL 1989,
Ch. 763,
§1,2 (AMD).
PL 1989,
Ch. 890,
§A40,B36 (AMD).
PL 1993,
Ch. 15,
§1 (AMD).
PL 1993,
Ch. 15,
§2 (AFF).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §419-B. Goals for dates of removal of transformers containing polychlorinated biphenyls

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 2: POLLUTION CONTROL

§419-B. Goals for dates of removal of transformers containing polychlorinated biphenyls

The State's goals for the dates of removal of transformers owned by public utilities that contain polychlorinated biphenyls in concentrations at or above 50 parts per million are as follows. For the purposes of this section, removal of a transformer that contains polychlorinated biphenyls may be accomplished through the retrofilling of the transformer with oil that contains polychlorinated biphenyls in concentrations below 50 parts per million. [1999, c. 193, §1 (new).]

1. Transformers near surface waters. The goal for the date of removal of pole-mounted or pad-mounted transformers owned by public utilities that contain polychlorinated biphenyls in concentrations at or above 50 parts per million and that are located within 100 feet of any surface water or an elementary school or secondary school as defined in Title 20-A, section 1 is October 1, 2005. For the purposes of this subsection, "surface water" means a wetland mapped by the United States Fish and Wildlife Service under the National Wetlands Inventory project; a great pond as defined in section 480-B; or a river, stream or brook as defined in section 480-B. [1999, c. 193, §1 (new).]

2. Remaining transformers. Subject to a utility's existing commercial storage facility license for polychlorinated biphenyls issued by the department, the goal for the date of removal of all pole-mounted or pad-mounted transformers, other than those described in subsection 1, owned by public utilities that contain polychlorinated biphenyls in concentrations at or above 50 parts per million is October 1, 2011. [1999, c. 193, §1 (new).]

3. Uninterruptible service. The dates in this section may be extended to allow for adequate planning for the removal of transformers that provide electrical service to institutions for which service may not be interrupted without extensive planning, including, but not limited to, hospitals and schools. [1999, c. 193, §1 (new).]

4. Exception. This section does not apply to transformers located in substations. [1999, c. 193, §1 (new).]

5. Voluntary goals. A public utility is not required to meet the goals in this section. [1999, c. 193, §1 (new).]

Section History:
PL 1999,
Ch. 193,
§1 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §419-C. Prevention of the spread of invasive aquatic plants

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 2: POLLUTION CONTROL

§419-C. Prevention of the spread of invasive aquatic plants

1. Prohibition. A person may not:

A. Transport any aquatic plant or parts of any aquatic plant, including roots, rhizomes, stems, leaves or seeds, on the outside of a vehicle, boat, personal watercraft, boat trailer or other equipment on a public road; [1999, c. 722, §2 (new).]

B. Possess, import, cultivate, transport or distribute any invasive aquatic plant or parts of any invasive aquatic plant, including roots, rhizomes, stems, leaves or seeds, in a manner that could cause the plant to get into any state waters; [2003, c. 627, §6 (amd).]

C. After September 1, 2000, sell or offer for sale in this State any invasive aquatic plant; or [2003, c. 627, §6 (amd).]

D. Fail to remove any aquatic plant or parts of any aquatic plant, including roots, rhizomes, stems, leaves or seeds, from the outside of a vehicle, boat, personal watercraft, boat trailer or other equipment on a public road. [2003, c. 627, §7 (new).]

[2003, c. 627, §§6, 7 (amd).]

2. Penalty. A person who violates this section commits a civil violation for which a forfeiture not to exceed $500 may be adjudged for the first violation and a forfeiture not to exceed $2,500 may be adjudged for a subsequent violation. [2001, c. 434, Pt. A, §6 (amd).]

Section History:
PL 1999,
Ch. 722,
§2 (NEW).
PL 2001,
Ch. 434,
§A6 (AMD).
PL 2003,
Ch. 627,
§6,7 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §419. Cleaning agents containing phosphate banned

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 2: POLLUTION CONTROL

§419. Cleaning agents containing phosphate banned

1. Definitions.

A. "Dairy equipment", as used in this section, means equipment used by farmers or processors for the manufacture or processing of milk and dairy products. [1971, c. 544, § 128 (new).]

B. "Food processing equipment", as used in this section, means equipment used for the processing and packaging of food for sale, except that equipment used at restaurants and similar places of business shall not be included within the meaning of "food processing equipment." [1971, c. 544, § 128 (new).]

C. "High phosphorous detergent", as used in this section, means any detergent, presoak, soap, enzyme or other cleaning agent containing more than 8.7% phosphorous, by weight, but does not include detergent having a recommended use level which contains less than 7 grams of phosphorous by weight. [1985, c. 332 (amd).]

C-1. "Household laundry detergent" as used in this section means a cleaning agent used primarily in private residences for washing clothes. [1991, c. 838, §21 (new).]

D. "Industrial equipment", as used in this section, means equipment used by industrial concerns which concerns are located on any brook, stream or river. [1971, c. 544, § 128 (new).]

E. "Person", as used in this section, means any individual, firm, association, partnership, corporation, municipality, quasi-municipal organization, agency of the State or other legal entity. [1971, c. 544, § 128 (new).]

[1991, c. 838, §21 (amd).]

2. Prohibition. No person may sell or use any high phosphorous detergent. [1983, c. 566, § 22 (amd).]

2-A. Household laundry detergent. After July 1, 1993, a person may not sell or offer for sale in this State a household laundry detergent that contains more than 0.5% phosphorus by weight expressed as elemental phosphorus. [1991, c. 838, §22 (new).]

3. Exception. Subsection 2 shall not apply to any high phosphorous detergent sold and used for the purpose of cleaning dairy equipment, food processing equipment and industrial equipment. [1971, c. 544, § 128 (new).]

4. Penalty. [1977, c. 300, § 23 (rp).]

Section History:
PL 1971,
Ch. 544,
§128 (NEW).
PL 1977,
Ch. 300,
§23 (AMD).
PL 1983,
Ch. 566,
§22 (AMD).
PL 1985,
Ch. 332,
§ (AMD).
PL 1991,
Ch. 838,
§21,22 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §420-A. Dioxin monitoring program (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 2: POLLUTION CONTROL

§420-A. Dioxin monitoring program (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
p align="center">(WHOLE SECTION TEXT EFFECTIVE UNTIL 123107) div>
In order to determine the nature of dioxin contamination in the waters and fisheries of the State, the commissioner shall conduct a monitoring program as described in this section. [1991, c. 66, Pt. A, §8 (rpr); §43 (aff).]

1. Dioxin defined. As used in this section, the term "dioxin" means any polychlorinated dibenzo-para-dioxins, PCDD's, and any polychlorinated dibenzo-para-furans, PCDF's. [1987, c. 762, §1 (new).]

2. Monitoring locations and subjects. The commissioner shall:

A. Select a representative sample of wastewater treatment plant sludges from municipal wastewater treatment plants, bleached pulp mills or other sources. These facilities must be selected on the basis of known or likely dioxin contamination of their discharged effluent. The commissioner shall develop a monitoring plan for these facilities and submit the plan, including a list of the selected facilities, to the technical advisory group established in section 420-B, subsection 1, paragraph B, subparagraph (5). At least 30 days prior to submitting the plan to the technical advisory group, the commissioner shall notify the owners or operators of each selected facility of the fact of the facility's inclusion in the plan. The technical advisory group shall review the plan and information related to the plan provided by the commissioner, by the owners or operators of selected facilities and by others, including information regarding whether the selected facilities are known or likely sources of dioxin contamination. The technical advisory group shall advise the commissioner on the plan and the choice of selected facilities. The total number of facilities monitored by the commissioner may not exceed 12; [1995, c. 223, §1 (amd).]

B. Sample and test the sludge of these facilities for dioxin contamination at least once during each season of the year. The commissioner shall specify which congeners of dioxin will be analyzed; and [RR 1991, c. 2, §142 (cor).]

C. Sample and test for dioxin contamination a selection of fish representative of those species present in the receiving waters. Sufficient numbers of fish must be analyzed to provide a reasonable estimate of the level of contamination in the population of each water body affected. [1989, c. 890, Pt. A, §40 (aff); Pt. B, §40 (amd).]

[1995, c. 223, §1 (amd).]

3. Coordination of monitoring. The commissioner shall coordinate the monitoring program established under this section with other dioxin monitoring programs conducted by the department, the United States Environmental Protection Agency or dischargers of wastewater. The commissioner shall seek to integrate the results of these other programs, as relevant, into the reports required by this section. [1987, c. 762, §1 (new).]

4. Report. The commissioner shall report by March 31st of each year on the results of the monitoring program to the joint standing committee of the Legislature having jurisdiction over natural resources matters. The annual report must contain the commissioner's conclusions as to the levels of dioxin contamination in the sample subjects and the likely scope of dioxin contamination in the State's waters. The report must also contain an evaluation of the department's progress toward establishing a fish-tissue sampling test as required in section 420, subsection 2, including selection of reference sites, methods of sample standardization and the levels of detection and statistical confidence limits. [1997, c. 444, §8 (amd).]

5. Fees assessed. The commissioner shall assess the selected facilities for the costs of sample collection and analysis, except that, if the selected facility is a publicly owned treatment works, the commissioner may assess the primary industrial generator discharging effluent into the treatment facility if the generator is known or likely to be discharging dioxin into the treatment facility. Fees received under this section must be credited to the Maine Environmental Protection Fund. Payment of these fees is a condition of the discharge license issued under this Title for continued operation of the selected facilities, except that, if the selected facility is a publicly owned treatment works and the commissioner assesses the fee on an industrial generator, payment of the fee is not a condition of the discharge license of the selected facility. The fees assessed under this subsection may not exceed a total of $250,000 in any fiscal year. [1997, c. 179, §2 (amd).]

6. Repeal. This section is repealed December 31, 2007. [2001, c. 626, §10 (amd).] 38 §00420-A Dioxin monitoring program (WHOLE SECTION TEXT REPEALED on 123107 by T. 38, §420-A, sub-§6)

Section History:
PL 1987,
Ch. 762,
§1 (NEW).
PL 1989,
Ch. 856,
§3-5,7 (AMD).
PL 1989,
Ch. 890,
§A40,B39,40 (AMD).
PL 1991,
Ch. 66,
§A43 (AFF).
PL 1991,
Ch. 66,
§A8,9 (AMD).
RR 1991,
Ch. 2,
§142 (COR).
PL 1995,
Ch. 223,
§1-3 (AMD).
PL 1997,
Ch. 179,
§1-3 (AMD).
PL 1997,
Ch. 444,
§8 (AMD).
PL 2001,
Ch. 626,
§10 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §420-B. Surface water ambient toxic monitoring program

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 2: POLLUTION CONTROL

§420-B. Surface water ambient toxic monitoring program

The discharge of pollutants from certain direct and indirect sources into the State's waters introduces toxic substances, as defined under section 420, into the environment. In order to determine the nature, scope and severity of toxic contamination in the surface waters and fisheries of the State, the commissioner shall conduct a scientifically valid monitoring program. [1993, c. 720, §1 (new).] div>
The program must be designed to comprehensively monitor the lakes, rivers and streams and marine and estuarine waters of the State on an ongoing basis. The program must incorporate testing for suspected toxic contamination in biological tissue and sediment, may include testing of the water column and must include biomonitoring and the monitoring of the health of individual organisms that may serve as indicators of toxic contamination. This program must collect data sufficient to support assessment of the risks to human and ecological health posed by the direct and indirect discharge of toxic contaminants. [1993, c. 720, §1 (new).]

1. Development of monitoring plans and work programs. The commissioner shall:

A. Prepare a plan every 5 years that outlines the monitoring objectives for the following 5 years, resources to be allocated to those objectives and a plan for conducting the monitoring, including methods, scheduling and quality assurance; and [1993, c. 720, §1 (new).]

B. Prepare a work program each year that defines the work to be conducted that year toward the objectives of the 5-year plan. This work program must identify specific sites, the sampling media and the contaminants that will be tested.

(1) The commissioner shall consider the following factors when selecting monitoring sites for the annual work program:

(a) The importance of the water body to fisheries, wildlife and humans;

(b) Known or likely sources of contamination and their relative risk to human or ecological health;

(c) The existence of pending waste discharge licenses affecting the water body;

(d) The availability of reference sites that are relatively unaffected by human activity;

(e) Anticipated improvement or degradation of the water body; and

(f) The availability of current, valid data from other sources on the level of toxic contamination of the water body.

(2) The commissioner shall incorporate the following types of testing in the program:

(a) Monitoring of toxic contaminant levels in biological tissue and water body sediments, and monitoring of the water column may be included;

(b) Analysis of the resident biological community in the monitored water body; and

(c) Monitoring of the health of individual organisms that may serve as indicators of toxic contamination.

(3) When selecting the specific toxic substances to be monitored in the annual program, the commissioner shall consider:

(a) Toxic substances that have the potential to affect human or ecological health at expected concentrations;

(b) Toxic substances from both natural and human sources;

(c) Toxic substances that serve as tracers for human sources of pollution;

(d) Toxic substances or measures of contamination that may be more cost-effective indicators of other toxic substances; and

(e) Toxic substances for which there are analytical test methods approved by the United States Environmental Protection Agency or, where such methods have not been approved, for which the commissioner determines, with the assistance of the technical advisory group established under this section, that proven, reliable methods have been established.

The commissioner shall include in the annual work program a written statement providing the factual basis for the selection of the specific toxic substances to be monitored. Prior to implementation of the annual work program, the toxic substances to be monitored and, if not approved by the United States Environmental Protection Agency, the analytical test methods to be used must be approved by the technical advisory group by a 23 vote.

(4) When determining the intensity of the monitoring effort in the annual program, the commissioner shall consider:

(a) The potential for annual variation in toxic contamination at a monitoring site;

(b) The degree of homogeneity in the materials to be sampled; and

(c) The uncertainty in observations due to possible systematic and analytic error.

(5) A technical advisory group composed of 11 individuals is established. The commissioner shall appoint 2 members with scientific backgrounds in toxic contamination or monitoring, ecological assessment or public health from each of the following interests: business, municipal, conservation, public health and academic interests. The President of the Senate and the Speaker of the House of Representatives shall jointly appoint as a nonvoting member one Legislator who serves on the joint standing committee of the Legislature having jurisdiction over natural resource matters. The commissioner shall appoint the chair from among the voting members. A quorum of 6 voting members must be present for the conduct of business. Members do not receive compensation or reimbursement for expenses.
The members appointed by the commissioner serve for terms of 3 years except that, for the initial appointments, 2 members serve terms of one year, 4 members serve terms of 2 years and 4 members serve terms of 3 years. The Legislator serves for the duration of the Legislature to which the Legislator is elected.
The group shall advise the commissioner during the development of the 5-year monitoring plan and the annual work programs.
[1993, c. 720, §1 (new).]

[1993, c. 720, §1 (new).]

2. Data management. The commissioner shall maintain data collected under this section in a manner consistent with standards established under Title 5, chapter 163, subchapter 3 for the State's geographic information system. All data is available to the public. [2005, c. 12, Pt. SS, §22 (amd).]

3. Coordination of monitoring. The commissioner shall coordinate the monitoring program established under this section with other toxics monitoring programs conducted by the department, the United States Environmental Protection Agency and other federal agencies or dischargers of wastewater. [1993, c. 720, §1 (new).]

4. Report. No later than March 31st of each year, the commissioner shall report on the monitoring program to the joint standing committee of the Legislature having jurisdiction over natural resource matters. This report must contain:

A. At the start of each 5-year period, the 5-year monitoring plan; [1993, c. 720, §1 (new).]

B. The annual work program for the past year and the current year; [1993, c. 720, §1 (new).]

C. The commissioner's conclusions as to the levels of toxic contamination in the State's waters and fisheries; [1997, c. 179, §4 (amd).]

D. Any trends of increasing or decreasing levels of contaminants found; and [1997, c. 179, §4 (amd).]

E. The report on the results of the dioxin monitoring program required under section 420-A, subsection 4. [1997, c. 179, §4 (new).]

[1997, c. 179, §4 (amd).]

Section History:
PL 1993,
Ch. 720,
§1 (NEW).
PL 1995,
Ch. 152,
§6 (AMD).
PL 1997,
Ch. 179,
§4 (AMD).
PL 2005,
Ch. 12,
§SS22 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §420-C. Erosion and sedimentation control

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 2: POLLUTION CONTROL

§420-C. Erosion and sedimentation control

A person who conducts, or causes to be conducted, an activity that involves filling, displacing or exposing soil or other earthen materials shall take measures to prevent unreasonable erosion of soil or sediment beyond the project site or into a protected natural resource as defined in section 480-B. Erosion control measures must be in place before the activity begins. Measures must remain in place and functional until the site is permanently stabilized. Adequate and timely temporary and permanent stabilization measures must be taken and the site must be maintained to prevent unreasonable erosion and sedimentation. [1997, c. 502, §1 (amd).] div>
A person who owns property that is subject to erosion because of a human activity before July 1, 1997 involving filling, displacing or exposing soil or other earthen materials shall take measures in accordance with the dates established under this paragraph to prevent unreasonable erosion of soil or sediment into a protected natural resource as defined in section 480-B, subsection 8. Adequate and timely temporary and permanent stabilization measures must be taken and maintained on that site to prevent unreasonable erosion and sedimentation. This paragraph applies on and after July 1, 2005 to property that is located in the watershed of a body of water most at risk as identified in the department's storm water rules adopted pursuant to section 420-D and that is subject to erosion of soil or sediment into a protected natural resource as defined in section 480-B, subsection 8. This paragraph applies on and after July 1, 2010 to other property that is subject to erosion of soil or sediment into a protected natural resource as defined in section 480-B, subsection 8. [1997, c. 748, §1 (new).] div>
This section applies to a project or any portion of a project located within an organized area of this State. This section does not apply to agricultural fields. Forest management activities, including associated road construction or maintenance, conducted in accordance with applicable standards of the Maine Land Use Regulation Commission, are deemed to comply with this section. This section may not be construed to limit a municipality's authority under home rule to adopt ordinances containing stricter standards than those contained in this section. [1995, c. 704, Pt. B, §2 (new); Pt. C, §2 (aff).]

Section History:
PL 1995,
Ch. 704,
§B2 (NEW).
PL 1995,
Ch. 704,
§C2 (AFF).
PL 1997,
Ch. 502,
§1 (AMD).
PL 1997,
Ch. 748,
§1 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §420-D. Storm water management

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 2: POLLUTION CONTROL

§420-D. Storm water management

A person may not construct, or cause to be constructed, a project that includes one acre or more of disturbed area without prior approval from the department. A person proposing a project shall apply to the department for a permit using an application provided by the department and may not begin construction until approval is received. This section applies to a project or any portion of a project that is located within an organized area of this State. [2005, c. 219, §3 (amd).]

1. Standards. The department shall adopt rules specifying quantity and quality standards for storm water. Storm water quality standards for projects with 3 acres or less of impervious surface may address phosphorus, nitrates and suspended solids but may not directly address other dissolved or hazardous materials unless infiltration is proposed. [2005, c. 219, §4 (amd).]

2. Review. If the applicant is able to meet the standards for storm water using solely vegetative means, the department shall review the application within 45 calendar days. If structural means are used to meet those standards, the department shall review the application within 90 calendar days. The review period begins upon receipt of a complete application and may be extended pursuant to section 344-B or if a joint order is required pursuant to subsection 5. The department may request additional information necessary to determine whether the standards of this section are met. The application is deemed approved if the department does not notify the applicant within the applicable review period. The department may allow a municipality or a quasi-municipal organization, such as a watershed management district, to substitute a management system for storm water approved by the department for the permit requirement applicable to projects in a designated area of the municipality. The municipality or quasi-municipality may elect to have this substitution take effect at the time the system is approved by the department, or at the time the system is completed as provided in an implementation schedule approved by the department. [2005, c. 330, §9 (amd).]

3. Watersheds of bodies of water most at risk. The department shall establish by rule a list of watersheds of bodies of water most at risk from new development. In regard to lakes, the list must include, but is not limited to, public water supply lakes and lakes identified by the department as in violation of class GPA water quality standards or as particularly sensitive to eutrophication based on current water quality, potential for internal recycling of phosphorus, potential as a cold water fishery, volume and flushing rate or projected growth rate in a watershed. The department shall review and update the list as necessary. A municipality within the watershed of a body of water most at risk may petition the department to have the body of water added to or dropped from the list. [1995, c. 704, Pt. B, §2 (new); 1997, c. 603, §§8, 9 (aff).]

4. Sensitive or threatened regions or watersheds. The department shall establish by rule a list of sensitive or threatened regions or watersheds. These areas include the watersheds of surface waters that:

A. Are susceptible to degradation of water quality or fisheries because of the cumulative effect of reasonably foreseeable levels of development activity within the watershed of the affected surface waters; and [1995, c. 704, Pt. B, §2 (new); 1997, c. 603, §§8, 9 (aff).]

B. Are not classified as "watersheds of bodies most at risk" under subsection 3. [1995, c. 704, Pt. B, §2 (new); 1997, c. 603, §§8, 9 (aff).]

[1995, c. 704, Pt. B, §2 (new); 1997, c. 603, §§8, 9 (aff).]

5. Relationship to other laws. A storm water permit pursuant to this section is not required for a project requiring review by the department pursuant to any of the following provisions but the project may be required to meet standards for management of storm water adopted pursuant to this section: article 6, site location of development; article 7, performance standards for excavations for borrow, clay, topsoil or silt; article 8-A, performance standards for quarries; and sections 631 to 636, permits for hydropower projects. When a project requires a storm water permit and requires review pursuant to article 5-A, the department shall issue a joint order unless the permit required pursuant to article 5-A is a permit-by-rule or general permit, or separate orders are requested by the applicant and approved by the department. A storm water permit pursuant to this section is not required for a project receiving review by a registered municipality pursuant to section 489-A if the storm water ordinances under which the project is reviewed are at least as stringent as the storm water standards adopted pursuant to section 484 and are in effect at the time of review as determined by the department. [2001, c. 232, §14 (amd).]

6. Urbanizing areas. The department shall work with the State Planning Office to identify urban bodies of water most at risk and incorporate model ordinances protective of these bodies of water into assistance provided to local governments. [1995, c. 704, Pt. B, §2 (new); 1997, c. 603, §§8, 9 (aff).]

7. Exemptions. The following exemptions apply.

A. Forest management activities, including associated road construction or maintenance, do not require review pursuant to this section if any road construction is used primarily for forest management activities and is not used primarily to access development. [1995, c. 704, Pt. B, §2 (new); 1997, c. 603, §§8, 9 (aff).]

B. Disturbing areas for the purpose of normal farming activities, such as clearing of vegetation, plowing, seeding, cultivating, minor drainage and harvesting, does not require review pursuant to this section. A manure storage facility that is designed, constructed, managed and maintained in accordance with the United States Department of Agriculture, Natural Resources Conservation Service guidelines does not require review pursuant to this section. For purposes of this paragraph, "manure storage facility" means a facility used primarily for containing manure. [2003, c. 607, §1 (amd).]

C. If the commissioner determines that a municipality's ordinance meets or exceeds the provisions of this section and that the municipality has the resources to enforce that ordinance, the commissioner shall exempt any project within that municipality. The department shall maintain a list of municipalities meeting these criteria and update this list at least every 2 years. If a municipality on the list no longer meets these criteria, it must be removed from the list. A project constructed after a municipality is removed from the list must obtain approval pursuant to this section. [1995, c. 704, Pt. B, §2 (new); 1997, c. 603, §§8, 9 (aff).]

D. [2005, c. 219, §5 (rp).]

E. Impervious and disturbed areas associated with construction or expansion of a single-family, detached residence on a parcel do not require review pursuant to this section. [1995, c. 704, Pt. B, §2 (new); 1997, c. 603, §§8, 9 (aff).]

F. Waste facilities regulated by the department under section 1310-N, 1319-R or 1319-X do not require review under this section. This exemption applies to new facilities, modifications of facilities, transfers of facilities and relicensing of facilities. [1995, c. 704, Pt. B, §2 (new); 1997, c. 603, §§8, 9 (aff).]

G. Projects involving roads, railroads and associated facilities conducted by or under the supervision of the Department of Transportation or the Maine Turnpike Authority, do not require review under this section as long as the projects are constructed pursuant to storm water quality and quantity standards set forth in a memorandum of agreement between the department and the conducting or supervising agency and the project does not require review under article 6. A memorandum of agreement described in this paragraph must be updated whenever the rules concerning storm water management adopted by the department are finalized or updated. [1995, c. 704, Pt. B, §2 (new); 1997, c. 603, §§8, 9 (aff).]

[2005, c. 219, §5 (amd).]

8. Enforcement. Any activity that takes place contrary to the provisions of a valid permit issued under this article or without a permit having been issued for that activity is a violation of this article. Each day of a violation is a separate offense. A finding that any such violation has occurred is prima facie evidence that the activity was performed or caused to be performed by the owner of the property where the violation occurred. Prior to July 1, 1998, the department may not seek to impose civil or criminal penalties for a violation of this section against any person who has made a good faith effort to comply. [1995, c. 704, Pt. B, §2 (new); 1997, c. 603, §§8, 9 (aff).]

9. Rules. Rules adopted pursuant to this section are major substantive rules as defined in Title 5, chapter 375, subchapter II-A. [1995, c. 704, Pt. B, §2 (new); 1997, c. 603, §§8, 9 (aff).]

10. Fees. [2005, c. 219, §6 (rp).]

11. Compensation fee. The department may establish a nonpoint source reduction program to allow an applicant to pay a compensation fee in lieu of meeting certain requirements, as provided in this subsection. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter II-A.

A. The department may allow an applicant with a project in the direct watershed of a lake to address certain on-site phosphorus reduction requirements through payment of a compensation fee as provided in this paragraph. The commissioner shall determine the appropriate compensation fee for each project. The compensation fee must be paid either into a compensation fund or to an organization authorized by the department and must be a condition of the permit.

(1) The department may establish a storm water compensation fund for the purpose of receiving compensation fees, grants and other related income. The fund must be a nonlapsing fund dedicated to payment of the costs and related expenses of compensation projects. Income received under this subsection must be deposited with the Treasurer of State to the credit of the fund and may be invested as provided by statute. Interest on these investments must be credited to the fund. The department may make payments from the fund consistent with the purpose of the fund.

(2) The department may enter into a written agreement with a public, quasi-public or private, nonprofit organization for purposes of receiving compensation fees and implementing compensation projects. If the authorized agency is a state agency other than the department, it shall establish a fund meeting the requirements specified in subparagraph (1). The authorized organization shall maintain records of expenditures and provide an annual summary report to the department. If the organization does not perform in accordance with this section or with the requirements of the written agreement, the department may revoke the organization's authority to conduct activities in accordance with this paragraph. If an organization's authorization is revoked, any remaining funds must be provided to the department.

(3) The commissioner may set a fee rate of no more than $10,000 per pound of available phosphorus, except that the commissioner may set a rate up to $20,000 per pound for a project located in the direct watershed of a severely blooming lake.

(4) Except in an urbanized part of a designated growth area, best management practices must be incorporated on site that, by design, will reduce phosphorus export by at least 50%, and a phosphorus compensation fee must be paid to address the remaining phosphorus reduction required to meet the parcel's phosphorus allocation. In an urbanized part of a designated growth area, an applicant may pay a phosphorus compensation fee in lieu of part or all of the on-site phosphorus reduction requirement. The commissioner shall identify urbanized parts of designated growth areas in the direct watersheds of lakes most at risk, in consultation with the State Planning Office.

(5) Projects funded through compensation fees as provided in this paragraph must be located in the same watershed as the project with respect to which the compensation fee is paid.
[1997, c. 502, §4 (new).]

B. The department may allow an applicant with a project within the direct watershed of a coastal wetland, river, stream or brook to address all or part of the storm water quality standards for the project through payment of a compensation fee as provided by rules adopted pursuant to this subsection. [1997, c. 502, §4 (new).]

[1997, c. 502, §4 (new).]

12. Fees. An applicant for a permit under this section shall pay a fee to the department as follows.

A. If structural means of storm water control are used, the fee is $500 for the first acre of disturbed area, plus $250 for each additional whole acre of disturbed area. [2005, c. 219, §7 (new).]

B. If solely vegetative means of storm water control are used, the fee is $250 for the first acre of disturbed area, plus $125 for each additional whole acre of disturbed area. [2005, c. 219, §7 (new).]

C. When a permit by rule is required as provided by rules adopted by the department, the fee is $55. [2005, c. 219, §7 (new).]

If a project described in paragraph A or B is reviewed and approved by a professional engineer at a soil and water conservation district office that has a memorandum of understanding with the department concerning review of projects pursuant to this section, the fee is reduced to $100 for the first acre of disturbed area, plus $50 for each additional whole acre of disturbed area. [2005, c. 219, §7 (new).]

13. Significant existing sources. The department may require a person owning or operating a significant existing source of storm water to implement a storm water management system. The owner or operator shall obtain approval from the department pursuant to this subsection for the storm water management system. For the purposes of this subsection, "significant existing source" means a significant existing source of storm water pollution based on quantity or quality standards for storm water from a developed area that was in existence prior to July 1, 1997 and is located in the direct watershed of a waterbody that is impaired due to urban runoff. The department shall identify significant existing sources as provided in this subsection.

A. The department shall develop a total maximum daily load for the watershed of a waterbody impaired due to urban runoff prior to designating significant existing sources within the watershed. [2005, c. 219, §7 (new).]

B. The department shall adopt rules prior to requiring that an owner or operator of a significant existing source within the direct watershed of a specific waterbody obtain approval of a storm water management system. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. The rules must include, but are not limited to, the following:

(1) The name of or other means of identifying the waterbody that is impaired due to urban runoff;

(2) A list of significant existing sources or a description of the types or classes of significant existing sources;

(3) A date or schedule indicating when approvals must be obtained; and

(4) Storm water quantity and quality standards for storm water management systems.
[2005, c. 219, §7 (new).]

C. The owner or operator of a site designated as a significant existing source shall apply to the department for approval of a storm water management system. [2005, c. 219, §7 (new).]

D. "Significant existing source" does not include:

(1) Types of sources or activities described in subsection 7;

(2) The developed area of a facility required to meet ongoing storm water management standards pursuant to a storm water general or individual permit issued pursuant to section 413; and

(3) A municipal storm water conveyance system unless the storm water pollution originates with the conveyance system.
[2005, c. 219, §7 (new).]

[2005, c. 219, §7 (new).]
div>
This section may not be construed to limit a municipality's authority under home rule to adopt ordinances containing stricter standards than those contained in this section. [1995, c. 704, Pt. B, §2 (new); 1997, c. 603, §§8, 9 (aff).]

Section History:
PL 1995,
Ch. 704,
§B2 (NEW).
PL 1995,
Ch. 704,
§C2 (AFF).
PL 1997,
Ch. 502,
§2-4 (AMD).
PL 1997,
Ch. 603,
§8,9 (AFF).
PL 2001,
Ch. 232,
§13,14 (AMD).
PL 2003,
Ch. 318,
§1 (AMD).
PL 2003,
Ch. 607,
§1 (AMD).
PL 2005,
Ch. 219,
§3-7 (AMD).
PL 2005,
Ch. 330,
§9 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §420. Certain deposits and discharges prohibited

Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 2: POLLUTION CONTROL

§420. Certain deposits and discharges prohibited

No person, firm, corporation or other legal entity shall place, deposit, discharge or spill, directly or indirectly, into the ground water, inland surface waters or tidal waters of this State, or on the ice thereof, or on the banks thereof so that the same may flow or be washed into such waters, or in such manner that the drainage therefrom may flow into such waters, any of the following substances: [1989, c. 890, Pt. A, §40 (aff); Pt. B, §37 (amd).]

1. Mercury. [1999, c. 500, §1 (rp).]

1-A. Mercury. [2001, c. 418, §2 (rp).]

1-B. Mercury. Facilities discharging mercury into the waters of the State shall make reasonable progress to develop, incorporate and continuously improve pollution prevention practices, and implement economically achievable future improvements in wastewater technology, in order to reduce their dependence upon mercury products, reduce or remove discharges of mercury over time, and help in the restoration of the waters of the State. This subsection establishes ambient water quality criteria for mercury that identify that level of mercury considered safe for human health and the environment.

A. The ambient criteria for mercury are as follows:

(1) Ambient water quality criteria for aquatic life:

(a) Freshwater acute: 1.7 micrograms per liter;

(b) Freshwater chronic: 0.91 micrograms per liter;

(c) Saltwater acute: 2.1 micrograms per liter; and

(d) Saltwater chronic: 1.1 micrograms per liter; and

(2) Fish tissue residue criterion for human health: 0.2 milligrams per kilogram in the edible portion of fish.
[2001, c. 418, §3 (new).]

B. A facility is not in violation of the ambient criteria for mercury if:

(1) The facility is in compliance with an interim discharge limit established by the department pursuant to section 413, subsection 11; or

(2) The facility is in compliance with a remediation or corrective action plan, license or order approved either by the department pursuant to section 1301, 1304, 1319, 1364 or 1365, or by the United States Environmental Protection Agency under federal law with the concurrence of the department.
[2001, c. 418, §3 (new).]

C. The department may establish a site-specific bioaccumulation factor for mercury when there is sufficient information to indicate that a site-specific bioaccumulation factor will be protective of human health and wildlife. A site-specific bioaccumulation factor may only be established:

(1) As part of a licensing proceeding pursuant to section 413 by the board; or

(2) As part of a remediation or corrective action plan, license or order approved either by the department pursuant to section 1301, 1304, 1319, 1364 or 1365, or by the United States Environmental Protection Agency under federal law with the concurrence of the department.
[2001, c. 418, §3 (new).]

D. The department shall establish by rule a statewide bioaccumulation factor protective of 95% of the waters of the State based upon data of acceptable quality and representing the species consumed by the public following guidelines published by the United States Environmental Protection Agency. Rules adopted pursuant to this paragraph are major substantive rules as defined in Title 5, chapter 375, subchapter II-A. [2001, c. 418, §3 (new).]

E. The department shall establish by rule statewide ambient water quality criteria for mercury concerning wildlife based upon data of acceptable quality from the State or the United States Environmental Protection Agency. Rules adopted pursuant to this paragraph are major substantive rules as defined in Title 5, chapter 375, subchapter II-A. [2001, c. 418, §3 (new).]

The commissioner shall report to the joint standing committee of the Legislature having jurisdiction over natural resources matters by January 15, 2005 and by January 15th every 5th year thereafter on the status of mercury discharges, progress in implementing pollution prevention plans and progress toward attainment of ambient water quality criteria for mercury under this subsection. The report may include proposed statutory amendments. The joint standing committee of the Legislature having jurisdiction over natural resources matters may report out any necessary implementing legislation related to these mercury issues in each session in which a report is required under this subsection. [2001, c. 418, §3 (new).]

2. Toxic or hazardous substances. Any other toxic substance in any amount or concentration greater than that identified or regulated, including complete prohibition of such substance, by the board. In identifying and regulating such toxic substances, the board shall take into account the toxicity of the substance, its persistence and degradability, the usual or potential presence of any organism affected by such substance in any waters of the State, the importance of such organism and the nature and extent of the effect of such substance on such organisms, either alone or in combination with substances already in the receiving waters or the discharge. As used in this subsection, "toxic substance" shall mean those substances or combination of substances, including disease causing agents, which after discharge or upon exposure, ingestion, inhalation or assimilation into any organism, including humans either directly through the environment or indirectly through ingestion through food chains, will, on the basis of information available to the board either alone or in combination with other substances already in the receiving waters or the discharge, cause death, disease, abnormalities, cancer, genetic mutations, physiological malfunctions, including malfunctions in reproduction, or physical deformations in such organism or their offspring.

A. Except as naturally occurs or as provided in paragraphs B and C, the board shall regulate toxic substances in the surface waters of the State at the levels set forth in federal water quality criteria as established by the United States Environmental Protection Agency pursuant to the Federal Water Pollution Control Act, Public Law 92-500, Section 304(a), as amended. [1989, c. 856, §2 (new); §7 (aff).]

B. The board may change the statewide criteria established under paragraph A for a particular toxic substance established pursuant to the Federal Water Pollution Control Act, Public Law 92-500, Section 304(a), as amended, as follows:

(1) By adopting site-specific numerical criteria for the toxic substance to reflect site-specific circumstances different from those used in, or any not considered in, the derivation of the statewide criteria. The board shall adopt site-specific numerical criteria only as part of a licensing proceeding pursuant to sections 413, 414 and 414-A; or

(2) By adopting alternative statewide criteria for the toxic substance. The alternative statewide criteria must be adopted by rule.

The board may substitute site-specific criteria or alternative statewide criteria for the criteria established in paragraph A only upon a finding that the site-specific criteria or alternative statewide criteria are based on sound scientific rationale and are protective of the most sensitive designated use of the water body, including, but not limited to, human consumption of fish and drinking