| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 38 MRSA §464, sub-§4, ķA, as amended by PL 2003, c. 650, §3, | is further amended to read: |
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| A. Notwithstanding section 414-A, the department may not | issue a water discharge license for any of the following | discharges: |
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| (1) Direct discharge of pollutants to waters having a | drainage area of less than 10 square miles, except | that: |
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| (a) Discharges into these waters that were | licensed prior to January 1, 1986 are allowed to | continue only until practical alternatives exist; | and |
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| (b) Storm water discharges in compliance with | state and local requirements are exempt from this | subparagraph; |
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| (c)__Aquatic pesticide or chemical discharges | approved by the department and conducted by the | department, the Department of Inland Fisheries and | Wildlife or an agent of either agency for the | purpose of restoring biological communities | affected by an invasive species are exempt from | this subparagraph; and |
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| (d)__Chemical discharges for the purpose of | restoring water quality in GPA waters approved by | the department are exempt from this subparagraph; |
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| (2) New direct discharge of domestic pollutants to | tributaries of Class-GPA waters; |
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| (3) Any discharge into a tributary of GPA waters that | by itself or in combination with other activities | causes water quality degradation that would impair the | characteristics and designated uses of downstream GPA | waters or causes an increase in the trophic state of | those GPA waters except for aquatic pesticide or | chemical discharges approved by the department and | conducted by the department, the Department of Inland | Fisheries and Wildlife or an agent of either agency for | the purpose of restoring biological communities | affected by an invasive species in the GPA waters or a | tributary to the GPA waters; |
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| | | (4) Discharge of pollutants to waters of the State |
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