| An Act Regarding Riverine Impoundments |
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| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 38 MRSA §464, sub-§13 is enacted to read: |
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| | 13.__Measurement of dissolved oxygen in riverine impoundments.__ | Compliance with dissolved oxygen criteria in existing riverine | impoundments must be measured as follows. |
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| A.__Compliance with dissolved oxygen criteria may not be | measured within 0.5 meters of the bottom of existing | riverine impoundments. |
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| B.__Where mixing is inhibited due to thermal stratification | in an existing riverine impoundment, compliance with numeric | dissolved oxygen criteria may not be measured below the | higher of: |
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| (1)__The point of thermal stratification when such | stratification occurs; or |
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| (2)__The point proposed by the department as an | alternative depth for a specific riverine impoundment | based on all factors included in section 466, | subsection 11-A and for which a use attainability | analysis is conducted if required by the United States | Environmental Protection Agency. |
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| For purposes of this paragraph, "thermal stratification" means a | change of temperature of at least one degree Celsius |
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