| (a)__The department may issue no more than a total | of 3 discharge licenses pursuant to this | subparagraph and subsection 2, paragraph C, | subparagraph (2). |
|
| (b)__A discharge license issued pursuant to this | subparagraph may not be effective for more than 5 | years from the date of issuance. |
|
| | Sec. 2. 38 MRSA §465, sub-§2, śC, as amended by PL 2003, c. 318, §3, | is further amended to read: |
|
| C. Direct Except as provided in this paragraph, direct | discharges to these waters licensed after January 1, 1986, | are permitted only if, in addition to satisfying all the | requirements of this article, the discharged effluent will | be equal to or better than the existing water quality of the | receiving waters. Prior to issuing a discharge license, the | department shall require the applicant to objectively | demonstrate to the department's satisfaction that the | discharge is necessary and that there are no other | reasonable alternatives available. Discharges into waters | of this classification licensed prior to January 1, 1986, | are allowed to continue only until practical alternatives | exist. This paragraph does not apply to the discharge of | storm water. |
|
| (1)__This paragraph does not apply to a discharge of | storm water that is in compliance with state and local | requirements. |
|
| (2)__This paragraph does not apply to a discharge to | Class A waters that are or once were populated by a | distinct population segment of Atlantic salmon as | determined pursuant to the United States Endangered | Species Act of 1973, Public Law 93-205, as amended, if, | in addition to satisfying all the requirements of this | article, the applicant, prior to issuance of a | discharge license, objectively demonstrates to the | department's satisfaction that the discharge is | necessary, that there are no other reasonable | alternatives available and that the discharged effluent | is for the purpose of and will assist in the | restoration of Atlantic salmon and will return the | waters to a state that is closer to historically | natural chemical quality. |
|
| (a)__The department may issue no more than a total of 3 discharge | licenses pursuant to this |
|
|