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| | | Resolve, Directing the Department of Environmental |
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| | | Protection To Recognize the Distinction between Water |
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| | | Storage Reservoirs and Natural Lakes |
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| | | 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 |
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| | | 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 |
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| | | 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 |
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| | | 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 |
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| | | 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 |
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| | | Whereas, the fact that water storage reservoirs are not natural | | lakes should be recognized when implementing water quality | | classifications; and |
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