| | |
from an unavoidable malfunction entirely beyond the control of | | the licensee and the licensee has taken all reasonable steps | | to minimize or prevent any emission and takes corrective | | action as soon as possible. There may be no exemption if the | | malfunction is caused, entirely or in part, by poor | | maintenance, careless operation, poor design or any other | | reasonably preventable condition or preventable equipment | | breakdown. The burden of proof is on the licensee seeking the | | exemption under this subsection. In the event of an | | unavoidable malfunction, the licensee must notify the | | commissioner in writing within 48 hours and submit a written | | report, together with any exemption requests, to the | department on a quarterly basis. 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. |
|
| | | B. An affirmative defense is established for a wastewater | | discharge in excess of license limitations if the discharge | | results exclusively from unintentional and temporary | | noncompliance with technology-based limitations because of | | factors entirely beyond the reasonable control of the | | 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. |
|
| | | Sec. 7. 38 MRSA §464, sub-§3, ¶B, as enacted by PL 1985, c. 698, §15, | | is amended to read: |
|
| | | 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. |
|
| | | Sec. 8. 38 MRSA §480-Z, sub-§3, as enacted by PL 1997, c. 101, §1 and | | affected by §2, is amended to read: |
|
|
