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); 1989, c. 890, 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); 1989, c. 890, 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); 1989, c. 890, Pt. B, §30 (AMD).]
1997, c. 794, Pt. A, §22 (AMD)
1-B.Licensing of overboard discharges.
The following provisions govern the licensing of overboard discharges.
A. The department shall find that the discharge meets the requirements of best practicable
treatment under this section for purposes of licensing 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
(1) The department's finding must be based on documentation from a licensed site
evaluator provided by the overboard discharge owner and approved by the department.
The licensed site evaluator shall demonstrate experience in designing replacement
systems for overboard discharges.
(2) If a technologically proven alternative system is identified and is eligible
for grant funding according to the cost-share schedule under section 411-A and grant
funding is available, the alternative system must be installed within 180 days of
written notification from the department, unless soil conditions are poor due to seasonal
weather, in which case the alternative may be installed as soon as soil conditions
(3) If a technologically proven alternative system eligible for grant funding according
to the cost-share schedule is identified and funding is not available, then the owner
of the overboard discharge is not required to install the system until grant funds
are available or as provided in section 413, subsection 3. The department may determine
that grant funds are not available when there are insufficient funds available for
all alternative systems and the alternative system is not one of the systems identified
as a priority for funding from available grant funds by the department.
(4) If a technologically proven alternative system for an overboard discharge from
a residence is identified and is not eligible for grant funding according to the cost-share
schedule under section 411-A, subsection 2-A and the overboard discharge is subject
to a license that expires on or after July 2, 2010 and prior to July 2, 2012, the
department may not require the alternative to be installed earlier than July 2, 2012.
(5) If a technologically proven alternative system for an overboard discharge from
a commercial establishment is identified and is not eligible for grant funding according
to the cost-share schedule under section 411-A, subsection 2-A and the overboard discharge
is subject to a license that expires on or after July 2, 2010 and prior to July 2,
2012, the department may not require the alternative to be installed earlier than
July 2, 2012. [2009, c. 654, §5 (AMD).]
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).]
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); 1989, c. 890, Pt. A, §40 (AFF); 1989, c. 890, Pt. B, §30 (AMD).]
F. For the purposes of this subsection, the department may not require the installation
or use of an identified technologically proven alternative system unless the department
finds that the identified alternative constitutes best practicable treatment under
subsection 1, paragraph D. [2009, c. 654, §5 (NEW).]
2009, c. 654, §5 (AMD)
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, Conservation
and Forestry 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);
2011, c. 657, Pt. W, §5 (REV)
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)
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);
1989, c. 890, 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
(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 a license and the commissioner may revoke or suspend a license when the board or the commissioner finds that any of the conditions specified in section 342, subsection 11-B exist or upon an application for transfer of a license. [2011, c. 304, Pt. H, §22 (AMD).]
2011, c. 304, Pt. H, §22 (AMD)
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)
1973, c. 450, §15 (NEW).
1973, c. 788, §210 (AMD).
1979, c. 127, §209 (AMD).
1979, c. 281, §4 (AMD).
1979, c. 444, §§5-7 (AMD).
1979, c. 663, §230 (AMD).
1983, c. 566, §19 (AMD).
1987, c. 192, §11 (AMD).
1987, c. 394, §2 (AMD).
1989, c. 442, §3 (AMD).
1989, c. 856, §§1,7 (AMD).
1989, c. 890, §§A40,B30 (AMD).
1991, c. 66, §A7 (AMD).
1991, c. 66, §A43 (AFF).
1991, c. 483, §2 (AMD).
1993, c. 232, §§2,3 (AMD).
1993, c. 410, §G6 (AMD).
1993, c. 501, §1 (AMD).
1995, c. 642, §5 (AMD).
1997, c. 794, §§A22-25 (AMD).
2001, c. 232, §11 (AMD).
2003, c. 246, §§10-13 (AMD).
2003, c. 689, §B6 (REV).
2009, c. 654, §5 (AMD).
2011, c. 304, Pt. H, §22 (AMD).
2011, c. 657, Pt. W, §5 (REV).
Data for this page extracted on 12/03/2013 12:04:20.
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