CHAPTER 37

H.P. 777 - L.D. 1059

Resolve, Directing the Department of Environmental

Protection To Recognize the Distinction between Water

Storage Reservoirs and Natural Lakes

Whereas, the Maine Revised Statutes, Title 38, section 464, subsection 5 requires the Department of Environmental Protection, Board of Environmental Protection to adopt rules necessary to implement the water quality classification system; and

Whereas, the rules must include sampling and analytical methods, protocols and procedures for satisfying the water quality criteria, including evaluation of the impact of any discharge on the resident biological community; and

Whereas, Title 38, section 464, subsection 9 provides that certain hydropower projects that do not attain the habitat and aquatic life criteria of Title 38, section 465-A must, at a minimum, satisfy the Class C aquatic life criteria contained in Title 38, section 465, subsection 4, paragraph C; and

Whereas, the Class C aquatic life criteria contained in Title 38, section 465, subsection 4, paragraph C allow some changes to aquatic life as long as the receiving waters are of

sufficient quality to support all species of fish indigenous to the receiving waters and maintain the structure and function of the resident biological community; and

Whereas, the fact that water storage reservoirs are not natural lakes should be recognized when implementing water quality classifications; and