CHAPTER 246
H.P. 1090 - L.D. 1493
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 38 MRSA §353-B, sub-§2, ¶A, as amended by PL 2001, c. 230, §1, is further amended to read:
A. The base and maximum fees that may be assessed to categories of discharge activities are as follows.
Discharge Group |
Base fee not to exceed |
Maximum fee for individual in group | |
Publicly owned treatment facilities, greater than 6,000 gallons per day but less than 5 million gallons per day and no significant industrial waste |
annual fee |
$175 |
none |
Publicly owned treatment facilities, 6,000 gallons per day or less |
annual fee |
$60 |
$180 |
Publicly owned treatment facilities, greater than 5 million gallons per day or with significant industrial waste |
annual fee |
$770 |
none |
Major industrial facility, process wastewater (based on EPA list of major source discharges) |
annual fee |
$1,850 |
none |
Other industrial facility, process wastewater |
annual fee |
$630 |
none |
Food handling or packaging wastewater |
annual fee |
$315 |
$2,100 |
Fish rearing facility |
annual fee |
$230 |
$1,400 |
Noncontact cooling water |
annual fee |
$90 |
$7,000 |
Industrial or commercial sources, miscellaneous or incidental nonprocess wastewater |
annual fee |
$115 |
$2,100 |
Municipal combined sewer overflow |
annual fee |
$115 |
$1,400 |
Sanitary wastewater, excluding overboard discharge |
annual fee |
$60 |
$1,200 |
Sanitary overboard discharge, commercial sources |
annual fee |
|
$1,200 |
Sanitary overboard discharge, residential sources 600 gallons per day and less |
annual fee |
|
--- |
Sanitary overboard discharge, residential sources more than 600 gallons per day |
annual fee |
|
$600 |
Sanitary overboard discharge, public sources |
annual fee |
|
$500 |
Aquatic pesticide application |
annual fee* |
$200 |
--- |
Snow dumps |
annual fee* |
$125 |
--- |
Salt and sand storage pile |
annual fee* |
$150 |
--- |
Log storage permit |
annual fee* |
$200 |
--- |
General permit coverage |
annual fee* |
$100 |
--- |
Experimental discharge license |
license fee* |
$500 |
--- |
Mixing zone, in addition to other applicable fees |
flat fee* |
$4,000 |
--- |
Formation of sanitary district |
flat fee* |
$300 |
--- |
Transfer of license for residential or commercial sanitary wastewater |
flat fee* |
$100 |
--- |
*Discharge or license quantity fees do not apply to these categories.
When a license authorizes multiple discharge points in different categories in the same license, the total maximum fee for the license may not exceed the maximum fee for the most significant category plus 1/2 of the maximum fee for each of the other applicable categories.
Sec. 2. 38 MRSA §361-A, sub-§3-C is enacted to read:
3-C. Overboard discharge. "Overboard discharge" has the same meaning as in section 466, subsection 9-A.
Sec. 3. 38 MRSA §411-A, sub-§2, as amended by PL 2001, c. 232, §10, is repealed.
Sec. 4. 38 MRSA §411-A, sub-§2-A is enacted to read:
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%;
B. For an owner of overboard discharge with an annual income between $25,000 and $50,000, 90%;
C. For an owner of overboard discharge with an annual income between $50,001 and $75,000, 50%;
D. For an owner of overboard discharge with an annual income between $75,001 and $100,000, 35%;
E. For an owner of overboard discharge with an annual income over $100,000, 25%; and
F. For a publicly owned overboard discharge facility, 50% to a maximum of $150,000.
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.
Sec. 5. 38 MRSA §411-A, sub-§4, as amended by PL 1991, c. 499, §14, is repealed and the following enacted in its place:
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;
B. The removal resulted in the elimination of sources of contamination to shellfish areas or public nuisance conditions; and
C. The removal is required under section 413, subsection 3 or section 414-A, subsection 1-B.
Sec. 6. 38 MRSA §413, sub-§3, as amended by PL 1989, c. 890, Pt. B, §28 and affected by Pt. A, §40, is further amended to read:
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 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.
Sec. 7. 38 MRSA §414, sub-§2, as amended by PL 1997, c. 794, Pt. A, §19, is further amended to read:
2. Terms of licenses. Licenses are issued by the department for a term of not more than 5 years, except that licenses for overboard discharges may be issued for a term of not more than 10 years, as provided for in section 414-A, subsection 1-B, paragraph D. For the purposes of this section, "overboard discharge" is defined in accordance with section 466, subsection 9-A.
Sec. 8. 38 MRSA §414, sub-§3-A, as repealed and replaced by PL 1991, c. 294, §1, is repealed and the following enacted in its place:
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.
Sec. 9. 38 MRSA §414, sub-§3-B, as enacted by PL 1991, c. 294, §2, is repealed.
Sec. 10. 38 MRSA §414-A, sub-§1-B, ¶A, as enacted by PL 1989, c. 442, §3 and affected by c. 890, Pt. A, §40 and amended by Pt. B, §30, is further amended to read:
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 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.
Sec. 11. 38 MRSA §414-A, sub-§1-B, ¶B, as amended by PL 1993, c. 223, §3, is further amended to read:
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.
Sec. 12. 38 MRSA §414-A, sub-§1-B, ¶C, as enacted by PL 1989, c. 442, §3 and affected by c. 890, Pt. A, §40 and amended by Pt. B, §30, is repealed.
Sec. 13. 38 MRSA §414-A, sub-§1-B, ¶D, as amended by PL 1997, c. 794, Pt. A, §23, is repealed.
Sec. 14. 38 MRSA §464, sub-§4, ¶A, as amended PL 1997, c. 794, Pt. A, §30, is further amended by amending subparagraph (6) to read:
(6) New discharges of domestic pollutants to the surface waters of the State that are not conveyed and treated in municipal or quasi-municipal sewage facilities. For the purposes of this subparagraph, "new discharge" means any overboard discharge that was not licensed as of June 1, 1987, except those discharges that were in continuous existence for the 12 months preceding June 1, 1987, as demonstrated by the applicant to the department with clear and convincing evidence. The volume of the discharge from an overboard discharge facility that was licensed as of June 1, 1987 is determined by the actual or estimated volume from the facilities connected to the overboard discharge facility during the 12 months preceding June 1, 1987 or the volume allowed by the previous license, whichever is less, unless it is found by the department that an error was made during prior licensing. The months during which a discharge may occur from an overboard discharge facility that was licensed as of June 1, 1987 must be determined by the actual use of the facility at the time of the most recent license application prior to June 1, 1987 or the actual use of the facility during the 12 months prior to June 1, 1987, whichever is greater. If the overboard discharge facility was the primary residence of an owner at the time of the most recent license application prior to June 1, 1987 or during the 12 months prior to June 1, 1987, then the facility is considered a year-round residence. "Year-round residence" means a facility that is continuously used for more than 8 months of the year. For purposes of licensing, the department shall treat an increase in the licensed volume or quantity of an existing discharge or an expansion in the months during which the discharge will take takes place as a new discharge of domestic pollutants;
Effective September 13, 2003, unless otherwise indicated.
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