1.Power to grant variances.
The department may grant a variance from any statutory water pollution abatement
requirement, pursuant to section 414-A, subsection 1, paragraph D, to any municipality
or quasi-municipal entity, hereinafter called the "municipality," upon application
by it. The department may grant a variance only upon a finding that:
A. Federal funds for the construction of municipal waste water treatment facilities
are not available for the project; [1983, c. 566, §26 (AMD).]
B. The municipality has demonstrated that it has completed preliminary plans acceptable
to the department for the treatment of municipal wastes and for construction of that
portion of the municipal sewage system intended to be served by the planned municipal
treatment plant when that plant first begins operations; and [1989, c. 890, Pt. A, §40 (AFF); 1989, c. 890, Pt. B, §51 (AMD).]
C. Beginning on October 1, 1976, the municipality shall collect, from each discharger
into its sewage system and each discharger not connected to the sewage system that
has signed an approved agreement with the municipality pursuant to subsection 2, a
fee sufficient to equal their proportionate share of the actual current cost of operating
the sewage system for which preliminary plans have been completed and approved pursuant
to paragraph B. Actual current costs include but are not limited to preliminary plans,
final design plans, site acquisition, legal fees, interest fees, sewer system maintenance
and rehabilitation and other administrative costs. A municipality may provide, when
permitted under the federal construction grant program, that in lieu of such annual
fees paid by dischargers, the municipality may apportion an appropriate amount from
general revenues to cover that share of fees to be paid by dischargers.
The funds collected or apportioned pursuant to this paragraph and interest collected
thereon must be invested and expended pursuant to Title 30-A, subpart 9.
Any funds paid by a discharger or discharger not connected to the sewage system pursuant
to this paragraph may be credited to the account of the discharger if the municipality
is subsequently reimbursed by the federal construction grant program. The credit arrangement
must be determined by agreement between the municipality and the discharger. [1989, c. 6, (AMD); 1989, c. 9, §2 (AMD); 1989, c. 104, Pt. C, §§8, 10 (AMD); 1989, c. 890, Pt. A, §40 (AFF); 1989, c. 890, Pt. B, §51 (AMD).]
Variances are issued for a term certain not to exceed 3 years, and may be renewed,
except that no variance may run longer than the time specified for completion of the
municipal waste treatment facility. Notwithstanding the provisions of this subsection,
no variance issued under this section may extend beyond July 1, 1988. Upon notice
of the availability of federal funds, the municipality shall present to the department
for approval an implementation schedule for designing, constructing and placing the
waste collection and treatment facilities in operation.
Variances may be conditioned upon reasonable and necessary terms relating to appropriate
interim measures to be taken by the municipality to maintain or improve water quality.
1989, c. 6, (AMD);
1989, c. 9, §2 (AMD);
1989, c. 104, Pt. C, §§8, 10 (AMD);
1989, c. 890, Pt. A, §40 (AFF);
1989, c. 890, Pt. B, §51 (AMD)
1-A.Time schedule for salt and sand-salt storage program.
An owner or operator of a salt or sand-salt storage area is not in violation of
any groundwater classification or reclassification adopted on or after January 1,
1980 with respect to discharges to the groundwater from those facilities, if the owner
or operator has completed all steps required to be completed by the schedules set
forth in this subchapter. The commissioner shall administer this schedule according
to the project priority list adopted by the board pursuant to section 411 and the
provisions of this subsection. A municipal or county site classified as Priority
4 or Priority 5 as of April 1, 2000, which was registered pursuant to section 413
prior to October 15, 1997, may not be in violation of any groundwater classification
or reclassification with respect to discharges to the groundwater from those facilities.
A. Preliminary notice must be completed and submitted to the Department of Transportation
by the following dates:
(1) For Priority 1 and 2 projects , the latest of the following dates:
(a) One year from a designation under section 411;
(b) One year from notice of availability of a state grant, if eligible; or
(c) January 1996.
(2) For municipal, state and county Priority 3 projects, the later of the following
(a) One year from notice of availability of a state grant, if eligible; or
(b) January 2003.
(3) For other Priority 3 projects, the later of the following dates:
(a) One year from a designation under section 411; or
(b) January 1997. [1999, c. 387, §5 (AMD).]
D. For municipal and county sites only, review of final plans with the Department of
Transportation must be completed within 12 months of the dates established in paragraph
A for each priority category. [1999, c. 387, §5 (AMD).]
E. Construction must be completed and the facility in operation within 24 months of
the dates established in paragraph A for each priority category. [1999, c. 387, §5 (AMD).]
In no case may violations of the lowest groundwater classification be allowed. In
addition, no violations of any groundwater classifications adopted after January 1,
1980, may be allowed for more than 3 years from the date of an offer of a state grant
for the construction of those facilities.
The department may not issue time schedule variances under subsection 1 to owners
or operators of salt or sand-salt storage areas.
An owner or operator of a salt or sand-salt storage area who is in compliance with
this section is exempt from the requirements of licensing under section 413, subsection
An owner or operator is not in violation of a schedule established pursuant to this
subsection if the owner or operator is eligible for a state grant to implement the
schedule and the state grant is not available.
1999, c. 387, §5 (AMD)
1-B.Department of Transportation storage areas.
A sand and salt storage area owned by the Department of Transportation and registered
prior to October 1, 1999 is not in violation of a groundwater classification or reclassification
adopted on or after January 1, 1980 with respect to discharges of groundwater from
that area if:
A. The Department of Transportation biennially submits to the Legislature a budget
request sufficient to comply with this subsection and section 413; [2003, c. 502, §2 (NEW).]
B. Prior to the use of funds appropriated by the Legislature to carry out the purposes
of this subsection, the Department of Transportation presents to the department for
comment and response a plan for the use of those funds by outlining a sand and salt
storage area specific expenditure plan to prevent pollution, avoid future abatement
or clean-up costs and comply with applicable federal guidelines; and [2003, c. 502, §2 (NEW).]
C. The Department of Transportation reports annually to the department on the status
of available funds and the department determines that pursuant to this report the
Department of Transportation is making timely use of the funds consistent with the
plan and comments provided pursuant to paragraph B. [2003, c. 502, §2 (NEW).]
2003, c. 502, §2 (NEW)
Any person, other than a municipality, maintaining a discharge subject to the requirements
of section 413, 414 and 414-A shall be exempt from the requirements of section 414-A,
subsection 1, paragraph D, Effluent Limitations and Best Practicable Treatment, if,
by July 1, 1976 or on the commencement of a licensed discharge, whichever occurs later,
such discharger presents to the Department of Environmental Protection and receives
approval of a contract agreeing to connect to the existing or planned municipal sewage
system immediately upon completion of construction and commencement of operation of
such treatment plant. Such contract must insure that, in the case of a new discharge,
such new discharge will not cause serious water quality problems, including but not
limited to downgrading the receiving waters so as to make them unsuitable for currently
existing uses. For the purpose of this section, a "new discharge" is a discharge which
commences or a discharge which changes characteristics or increases licensed volume
by more than 10% on or after the effective date of this Act.
1975, c. 700, §1 (AMD)
3.Failure to comply with agreement.
Failure to comply with any of the terms of an agreement approved pursuant to subsection
2 shall immediately render such agreement null and void and discharges included in
such an agreement shall immediately cease or shall only discharge in accordance with
the standards of best practicable treatment specified in section 414-A, subsection
1, paragraph D, and all other requirements of sections 414 and 414-A.
1975, c. 209, (NEW)
Where a discharger otherwise exempted from constructing treatment facilities pursuant
to this section will be required to pretreat effluents before discharge into the municipal
system pursuant to any requirement of state or federal law, the pretreatment system
shall be installed upon commencement of the discharge.
1983, c. 566, §27 (AMD)
Municipalities and quasi-municipal entities shall assess and collect the fees to
be charged pursuant to this section in accordance with the provisions of chapter 11,
and Title 30-A, chapters 161 and 213.
1987, c. 737, Pt. C, §§89, 106 (AMD);
1989, c. 6, (AMD);
1989, c. 9, §2 (AMD);
1989, c. 104, Pt. C, §8, 10 (AMD)
6.Power to grant variances to owners of private dwellings.
1983, c. 566, §28 (RP)
7.Power to grant variances to owners of a single family dwelling.
1987, c. 180, §3 (RP);
1987, c. 192, §15 (RP)
1973, c. 423, §8 (NEW).
1975, c. 209, (RPR).
1975, c. 700, §§1,2 (AMD).
1977, c. 185, (AMD).
1977, c. 564, §§138,139 (AMD).
1983, c. 566, §§26-29 (AMD).
1985, c. 162, §6 (AMD).
1987, c. 180, §3 (AMD).
1987, c. 192, §§14,15 (AMD).
1987, c. 492, (AMD).
1987, c. 737, §§C88,C89, C106 (AMD).
1987, c. 769, §A176 (AMD).
1989, c. 6, (AMD).
1989, c. 9, §2 (AMD).
1989, c. 104, §§C8,C10 (AMD).
1989, c. 890, §§A40,B51,52 (AMD).
1989, c. 926, §1 (AMD).
1991, c. 9, §II5 (AMD).
1991, c. 622, §X13 (AMD).
1991, c. 824, §A86 (AMD).
1993, c. 54, §1 (AMD).
1999, c. 387, §5 (AMD).
2003, c. 502, §2 (AMD).
Data for this page extracted on 12/03/2013 12:04:20.
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.