LD 1493
pg. 5
Page 4 of 8 An Act To Expedite the Removal of Overboard Discharge Page 6 of 8
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LR 1863
Item 1

 
transfer of the existing license upon a satisfactory showing
that the new owner can abide by its terms and conditions.

 
Prior to transfer of ownership of property containing an
overboard discharge, the parties to the transfer shall
determine the feasibility of technologically proven
alternatives to the overboard discharge that are consistent
with the plumbing standards adopted by the Department of Human
Services pursuant to Title 22, section 42 based on
documentation from a licensed site evaluator provided by the
applicant and approved by the Department of Environmental
Protection.__The licensed site evaluator shall demonstrate
experience in designing replacement systems for overboard
discharge.__ If an alternative to the overboard discharge is
identified, the alternative system must be installed within 90
days of property transfer, except that, if soil conditions are
poor due to seasonal weather, the alternative may be installed
as soon as soil conditions permit.__The installation of an
alternative to the overboard discharge may be eligible for
funding under section 411-A.

 
Sec. 7. 38 MRSA §414, sub-§2, as amended by PL 1997, c. 794, Pt. A,
§19, is further amended to read:

 
2. Terms of licenses. Licenses are issued by the
department for a term of not more than 5 years, except that
licenses for overboard discharges may be issued for a term of
not more than 10 years, as provided for in section 414-A,
subsection 1-B, paragraph D. For the purposes of this
section, "overboard discharge" is defined in accordance with
section 466, subsection 9-A.

 
Sec. 8. 38 MRSA §414, sub-§3-A, as repealed and replaced by PL 1991,
c. 294, §1, is repealed and the following enacted in its
place:

 
3-A.__Inspection of overboard discharge systems.__The
department shall inspect all licensed overboard discharge
systems.__The cost of the inspections must be assessed as part
of the annual license fee.__For residential overboard
discharges owned by individuals, the department shall provide
a fee reduction based on the adjusted gross income of the
license holder on the most recent tax return under the federal
Internal Revenue Code of 1986.__If the license holder's
adjusted gross income is less than $15,000, the license holder
may reduce the total fee by $125.__Any overboard discharge
license owner with a mechanical treatment system must provide
annual proof of a private maintenance contract for maintenance
of that system.

 
Sec. 9. 38 MRSA §414, sub-§3-B, as enacted by PL 1991, c. 294, §2,
is repealed.


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