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structure and function of the resident biological community. | This paragraph does not apply to 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. |
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| | Sec. 6. 38 MRSA §465-A, sub-§1, śC, as amended by PL 1999, c. 243, §9, | is repealed and the following enacted in its place: |
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| C.__There may be no new direct discharge of pollutants into | Class GPA waters.__The following are exempt from this | provision: |
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| (1)__Chemical discharges for the purpose of restoring | water quality approved by the department; |
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| (2)__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; | and |
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| (3)__Storm water discharges that are in compliance with | state and local requirements. |
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| Discharges into these waters licensed prior to January 1, | 1986 are allowed to continue only until practical | alternatives exist.__Materials may not be placed on or | removed from the shores or banks of a Class GPA water body | in such a manner that materials may fall or be washed into | the water or that contaminated drainage may flow or leach | into those waters, except as permitted pursuant to section | 480-C.__A change of land use in the watershed of a Class GPA | water body may not, by itself or in combination with other | activities, cause water quality degradation that impairs the | characteristics and designated uses of downstream GPA waters | or causes an increase in the trophic state of those GPA | waters. |
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| | Sec. 7. 38 MRSA §466, sub-§8-A is enacted to read: |
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| | 8-A.__Invasive species.__"Invasive species" means an invasive | animal as determined by the Department of Inland Fisheries and | Wildlife or an invasive aquatic plant as listed under section | 410-N or as determined by the department.__A species may be | determined to be invasive for all waters or for specific waters. |
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