CHAPTER 37
H.P. 777 - L.D. 1059
Resolve, Directing the Department of Environmental Protection To Recognize the Distinction between Water Storage Reservoirs and Natural Lakes
Whereas, the Maine Revised Statutes, Title 38, section 464, subsection 5 requires the Department of Environmental Protection, Board of Environmental Protection to adopt rules necessary to implement the water quality classification system; and
Whereas, the rules must include sampling and analytical methods, protocols and procedures for satisfying the water quality criteria, including evaluation of the impact of any discharge on the resident biological community; and
Whereas, Title 38, section 464, subsection 9 provides that certain hydropower projects that do not attain the habitat and aquatic life criteria of Title 38, section 465-A must, at a minimum, satisfy the Class C aquatic life criteria contained in Title 38, section 465, subsection 4, paragraph C; and
Whereas, the Class C aquatic life criteria contained in Title 38, section 465, subsection 4, paragraph C allow some changes to aquatic life as long as the receiving waters are of sufficient quality to support all species of fish indigenous to the receiving waters and maintain the structure and function of the resident biological community; and
Whereas, the fact that water storage reservoirs are not natural lakes should be recognized when implementing water quality classifications; and
Whereas, many water storage reservoirs were authorized by legislative charter for the purpose of storing and releasing water for in-stream purposes and downstream uses; now, therefore, be it
Sec. 1. Water storage reservoirs; rules. Resolved: That the Department of Environmental Protection, Board of Environmental Protection shall adopt rules under the Maine Revised Statutes, Title 38, section 464, subsection 5 relating to protocols and procedures for evaluation of the resident biological community in water storage reservoirs. In adopting the rules, the Board of Environmental Protection shall recognize that water storage reservoirs are artificial and are not natural water bodies, and the rules must ensure that the existing uses of water storage reservoirs are maintained and protected. In issuing licenses, permits and certifications prior to final adoption of the rules, the Department of Environmental Protection shall recognize that water storage reservoirs are artificial and are not natural water bodies and shall ensure that the existing uses of water storage reservoirs are maintained and protected. The goal of the rules and any license, permit or certification must be to require that the structure and function of the resident biological community that must be maintained in a water storage reservoir is the structure and function that would be expected to exist in a water storage reservoir with a drawdown of similar magnitude. As used in this resolve, "water storage reservoir" means an impoundment associated with a hydropower project, as defined by Title 38, section 632, that was in existence prior to November 28, 1975, was not primarily lacustrine in its natural state, is classified under Title 38, section 465-A and is managed to store and release water on an annual cycle to benefit downstream hydropower generation.
Effective September 13, 2003, unless otherwise indicated.
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