Sec. 9. 38 MRSA §414, sub-§3-B, as enacted by PL 1991, c. 294, §2, is repealed.

Sec. 10. 38 MRSA §414-A, sub-§1-B, ¶A, as enacted by PL 1989, c. 442, §3 and affected by c. 890, Pt. A, §40 and amended by Pt. B, §30, is further amended to read:

A. The department shall find that the discharge meets the requirements of best practicable treatment under this section for purposes of relicensing, when it finds that there are no technologically proven alternative methods of wastewater disposal consistent with the plumbing code adopted by the Department of Human Services pursuant to Title 22, section 42, that will not result in an overboard discharge, based on documentation from a licensed site evaluator provided by the applicant and approved by the department. The licensed site evaluator shall demonstrate experience in designing replacement systems for overboard discharges.__If a technologically proven alternative is identified, the alternative must be installed within 180 days of the application's being accepted by the department, subject to availability of funding under section 411-A.__If the applicant is not eligible for funding under section 411- A, the alternative system must be installed within 180 days.__ If the applicant is eligible for funding but no funding is available, the installation of an alternative system may be postponed until funding is available.

Sec. 11. 38 MRSA §414-A, sub-§1-B, ¶B, as amended by PL 1993, c. 223, §3, is further amended to read:

B. For the purposes of this subsection, the department may not require the installation or use of wastewater holding tanks as a "technologically proven alternative method of wastewater disposal" except in the following cases:

(1) Seasonal residential overboard discharges that are located on the mainland or on any island connected to the mainland by vehicle bridge or by scheduled car ferry service, when the elimination of the discharge alone or in conjunction with the elimination of other discharges will result in the opening of a shellfish harvesting area or the removal of a public nuisance condition;

(2) All overboard discharges located within the boundaries of a sanitary or sewer district when the