| | | transfer of the existing license upon a satisfactory showing | | that the new owner can abide by its terms and conditions. |
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| | | 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. |
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| | | Sec. 7. 38 MRSA §414, sub-§2, as amended by PL 1997, c. 794, Pt. A, | | §19, is further amended to read: |
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| | | 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. |
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| | | Sec. 8. 38 MRSA §414, sub-§3-A, as repealed and replaced by PL 1991, | | c. 294, §1, is repealed and the following enacted in its | | place: |
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| | | 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. |
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| | | Sec. 9. 38 MRSA §414, sub-§3-B, as enacted by PL 1991, c. 294, §2, | | is repealed. |
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