(3) All overboard discharges located within the municipality when the municipality has agreed to service and maintain the holding tank at an annual fee that does not exceed those fees charged to other similar users of the municipality's services who are physically connected to the sewers of the municipality.

Sec. 12. 38 MRSA §414-A, sub-§1-B, ¶C, as enacted by PL 1989, c. 442, §3 and affected by c. 890, Pt. A, §40 and amended by Pt. B, §30, is repealed.

Sec. 13. 38 MRSA §414-A, sub-§1-B, ¶D, as amended by PL 1997, c. 794, Pt. A, §23, is repealed.

Sec. 14. 38 MRSA §464, sub-§4, ¶A, as amended PL 1997, c. 794, Pt. A, §30, is further amended by amending subparagraph (6) to read:

(6) New discharges of domestic pollutants to the surface waters of the State that are not conveyed and treated in municipal or quasi-municipal sewage facilities. For the purposes of this subparagraph, "new discharge" means any overboard discharge that was not licensed as of June 1, 1987, except those discharges that were in continuous existence for the 12 months preceding June 1, 1987, as demonstrated by the applicant to the department with clear and convincing evidence. The volume of the discharge from an overboard discharge facility that was licensed as of June 1, 1987 is determined by the actual or estimated volume from the facilities connected to the overboard discharge facility during the 12 months preceding June 1, 1987 or the volume allowed by the previous license, whichever is less, unless it is found 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