PUBLIC Law Chapter 182

by the department that an error was made during prior

licensing. The months during which a discharge may occur

from an overboard discharge facility that was licensed as

of June 1, 1987 must be determined by the actual use of

the facility at the time of the most recent license

application prior to June 1, 1987 or the actual use of

the facility during the 12 months prior to June 1, 1987,

whichever is greater. If the overboard discharge

facility was the primary residence of an owner at the

time of the most recent license application prior to June

1, 1987 or during the 12 months prior to June 1, 1987,

then the facility is considered a year-round residence.

"Year-round residence" means a facility that is

continuously used for more than 8 months of the year.

For purposes of licensing, the department shall treat an

increase in the licensed volume or quantity of an

existing discharge or an expansion in the months during

which the discharge takes place as a new discharge of

domestic pollutants;

(7) After the Administrator of the United States
Environmental Protection Agency ceases issuing permits
for discharges of pollutants to waters of this State
pursuant to the administrator's authority under the
Federal Water Pollution Control Act, Section 402(c)(1),
any proposed license to which the administrator has
formally objected under 40 Code of Federal Regulations,
Section 123.44, as amended, or any license that would
not provide for compliance with applicable requirements
of that Act or regulations adopted thereunder;

(8) Discharges for which the imposition of conditions
can not ensure compliance with applicable water quality
requirements of this State or another state;

(9) Discharges that would, in the judgment of the
Secretary of the United States Army, substantially
impair anchorage or navigation;

(10) Discharges that would be inconsistent with a plan
or plan amendment approved under the Federal Water
Pollution Control Act, Section 208(b); and

(11) Discharges that would cause unreasonable
degradation of marine waters or when insufficient
information exists to make a reasonable judgment
whether the discharge would cause unreasonable
degradation of marine waters.

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