Sec. 1. 38 MRSA §420, sub-§1, as amended by PL 1997, c. 722, §§1 and 2, is further amended to read:

1. Mercury. Mercury, and any compound containing mercury, whether organic or inorganic, in any concentration which that increases the natural concentration of mercury in the receiving waters.; except that any mercury discharge that is in compliance with 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, is deemed to be in compliance with this section.

A. Except as otherwise provided in this subsection, any person, firm, corporation or other legal entity who, on January 1, 1971, was discharging any of the substances mentioned in this subsection in connection with an industrial process may not be considered in violation of this subsection if, on or before December 31, 1971, it filed with the board a statement indicating the amount of the substance so discharged on that date. This paragraph is repealed January 1, 2004.

A-1. Notwithstanding paragraph A, after January 1, 2000 a discharge from any facility subject to paragraph A must be less than 454 grams, or one pound, per year and after January 1, 2002 such a discharge must be less than 45 grams, or 0.1 pound, per year. This paragraph is repealed January 1, 2004.

B. Notwithstanding paragraph A, whenever the commissioner finds that a concentration of 10 parts per billion of mercury or greater is present in any waters of this State, or that danger to public health exists due to mercury concentrations of less than 10 parts per billion in any waters of this State, the commissioner may issue an emergency order to all persons discharging to such waters prohibiting or curtailing the further discharge of mercury, and compounds containing mercury, thereto. 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.;

SUMMARY

This bill establishes a new in-stream water quality standard for mercury.