Sec. 1. 38 MRSA §464, sub-§10-A is enacted to read:

10-A.__Existing hydropower impoundments managed as major river basins; recreational use.__For the purposes of water quality certification under the Federal Water Pollution Control Act, Public Law 92-500, Section 401, as amended, and the licensing of modifications under section 636, the hydropower project located at Gulf Island Pond on the water body referenced in section 467, subsection 1, paragraph A, subparagraph (2) is not deemed to have met the recreational use criteria in the hydropower project impoundment unless:

A.__Monitoring and forecasting is conducted of water conditions, including, without limitation, phosphorus, nitrogen, oxygen, sediment conditions, temperature and river flow, on an ongoing basis; and

B.__Changes in the operating regimen of the hydropower project are implemented that would, based on information obtained in paragraph A, result in improvement of the suitability of the hydropower project impoundment for recreational uses in and on the water, including, without limitation, mitigation of algae blooms resulting in unsuitable conditions for water contact recreation.

If the monitoring and forecasting under paragraph A predict the likelihood of algae blooms, then changes in the operating regimen of the hydropower project must be implemented immediately to prevent the occurrence of algae blooms.__For purposes of paragraph B, changes include, without limitation, lowering water body temperature, changing river flow or implementing water drawdowns at selected periods during summer stratification of the water body.

All facilities with wastewater discharge licenses that discharge phosphorus into the water body referenced in section 467, subsection 1, paragraph A, subparagraph (2) shall fund, on a pro rata basis based on wastewater discharge license limits of summer biological oxygen demand wastewater discharges in effect on January 1, 2005, the development of a real-time monitoring and modeling system capable of computing flow fields and nutrient water quality parameters sufficient to allow accurate forecasting of triggers for drawdown of the hydropower project impoundment to prevent algae bloom or anoxic events.__This modeling, which must build on existing department modeling, must be done under the supervision of the department and must be completed on or before February 1, 2006.__Modification to the protocols for the operating regimen of the hydropower project must be implemented on or before May 1, 2006.