Sec. 1. 38 MRSA §414-D is enacted to read:

§414-D.__Phosphorus control for Gulf Island Pond

1.__Phosphorus control for Gulf Island Pond; finding.__The Legislature finds that rigorous control of phosphorus pollutants discharged into Gulf Island Pond on the Androscoggin River is necessary for the protection of water resources, to prevent algae blooms that impair recreation in and on the water and to improve dissolved oxygen levels in Gulf Island Pond.

2.__Limits on phosphorus discharge.__The cumulative discharge of phosphorus at the entrance to Gulf Island Pond at the Twin Bridges based upon a monthly average for May 1st to September 30th from all sources requiring a waste discharge license pursuant to section 413 or the federal Water Pollution Control Act Amendments of 1972 may not exceed:

A.__Three hundred and seventeen pounds per day of total phosphorus; and

B.__Fifty pounds per day of orthophosphorus.

3.__Waste discharge licenses.__By November 15, 2005, the department shall issue waste discharge licenses pursuant to section 413 or deny applications for reissuance of all expired licenses for the continuation of discharges contributing phosphorus to Gulf Island Pond.__Each license issued on or after November 1, 2005 for a discharge found to contribute to nonattainment of the discharge limits under subsection 2 must provide for reductions in the cumulative discharge of phosphorus so that the limits on phosphorus discharges in subsection 2 are met within the 5-year license period.

4.__Federal Environmental Protection Agency approval of phosphorous load.__The limits on phosphorous discharges in subsection 2 and license requirements in subsection 3 apply unless the department issues and the federal Environmental Protection Agency approves, before or after the effective date of this section, a total maximum daily load of phosphorous that prevents algae blooms that impair recreation in and on the water and improves the dissolved oxygen levels in Gulf Island Pond.__ The total maximum daily load approved under this subsection must be implemented through the waste discharge licenses and water quality certifications of all facilities that contribute to the nonattainment of dissolved oxygen criteria or the nonattainment of the designated use of recreation in and on the water.__The implementation of the total maximum daily load does not require