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licensee and the licensee has taken all reasonable steps to | | minimize or prevent any discharge and takes corrective action | | as soon as possible. There is not an affirmative defense if | | the malfunction is caused, entirely or in part, by operational | | error, improperly designed treatment facilities, inadequate | | treatment facilities, lack of preventive maintenance or | | careless or improper operation. The burden of proof is on the | | licensee seeking the affirmative defense under this | | subsection. In the event of an unavoidable malfunction, the | | licensee must notify the commissioner orally within 24 hours, | and in writing within 5 days. The commissioner shall annually | report to the joint standing committee of the Legislature | having jurisdiction over natural resource matters with regard | to the exercise of this authority. |
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| | | Sec. 7. 38 MRSA §464, sub-§3, ¶B, as enacted by PL 1985, c. 698, §15, | | is amended to read: |
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| | | B. The board shall, from time to time, but at least once | every 3 | | reviewing the water quality classification system and | | related standards and, as appropriate, recommending changes | | in the standards to the Legislature. |
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| | | Sec. 8. 38 MRSA §480-Z, sub-§3, as enacted by PL 1997, c. 101, §1 and | | affected by §2, is amended to read: |
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| | | 3. Compensation fee program. The department shall | | a compensation fee program in consultation with the State | | Planning Office, the United States Army Corps of Engineers and | | state and federal resource agencies, including the United States | | Fish and Wildlife Service and the United States Environmental | | Protection Agency. |
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| | A. The program must, at a minimum, | | following: |
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| | | (1) Identification of wetland management priorities on | | a watershed basis; |
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| | | (2) Identification of the types of wetland losses | | eligible for compensation under this subsection; |
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| | | (3) Standards for compensation fee projects; |
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| | | (4) Calculation of compensation fees based on the functions and | | values of the affected wetlands and the cost of compensation, | | taking into account the potential |
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