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structure and function of the resident biological community. | | This paragraph does not apply to aquatic pesticide or chemical | | discharges approved by the department and conducted by the | | department, the Department of Inland Fisheries and Wildlife or | | an agent of either agency for the purpose of restoring | | biological communities affected by an invasive species. |
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| | | Sec. 6. 38 MRSA §465-A, sub-§1, śC, as amended by PL 1999, c. 243, §9, | | is repealed and the following enacted in its place: |
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| | | C.__There may be no new direct discharge of pollutants into | | Class GPA waters.__The following are exempt from this | | provision: |
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| | | (1)__Chemical discharges for the purpose of restoring | | water quality approved by the department; |
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| | | (2)__Aquatic pesticide or chemical discharges approved | | by the department and conducted by the department, the | | Department of Inland Fisheries and Wildlife or an agent | | of either agency for the purpose of restoring | | biological communities affected by an invasive species; | | and |
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| | | (3)__Storm water discharges that are in compliance with | | state and local requirements. |
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| | | Discharges into these waters licensed prior to January 1, | | 1986 are allowed to continue only until practical | | alternatives exist.__Materials may not be placed on or | | removed from the shores or banks of a Class GPA water body | | in such a manner that materials may fall or be washed into | | the water or that contaminated drainage may flow or leach | | into those waters, except as permitted pursuant to section | | 480-C.__A change of land use in the watershed of a Class GPA | | water body may not, by itself or in combination with other | | activities, cause water quality degradation that impairs the | | characteristics and designated uses of downstream GPA waters | | or causes an increase in the trophic state of those GPA | | waters. |
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| | | Sec. 7. 38 MRSA §466, sub-§8-A is enacted to read: |
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| | | 8-A.__Invasive species.__"Invasive species" means an invasive | | animal as determined by the Department of Inland Fisheries and | | Wildlife or an invasive aquatic plant as listed under section | | 410-N or as determined by the department.__A species may be | | determined to be invasive for all waters or for specific waters. |
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