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PUBLIC LAWS OF MAINE
First Regular Session of the 121st

CHAPTER 246
H.P. 1090 - L.D. 1493

An Act To Expedite the Removal of Overboard Discharge

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 38 MRSA §353-B, sub-§2, ¶A, as amended by PL 2001, c. 230, §1, is further amended to read:

Discharge Group

 

Base fee not to exceed

Maximum fee for individual in group

Publicly owned treatment facilities, greater than 6,000 gallons per day but less than 5 million gallons per day and no significant industrial waste

annual fee

$175

none

Publicly owned treatment facilities, 6,000 gallons per day or less

annual fee

$60

$180

Publicly owned treatment facilities, greater than 5 million gallons per day or with significant industrial waste

annual fee

$770

none

Major industrial facility, process wastewater (based on EPA list of major source discharges)

annual fee

$1,850

none

Other industrial facility, process wastewater

annual fee

$630

none

Food handling or packaging wastewater

annual fee

$315

$2,100

Fish rearing facility

annual fee

$230

$1,400

Noncontact cooling water

annual fee

$90

$7,000

Industrial or commercial sources, miscellaneous or incidental nonprocess wastewater

annual fee

$115

$2,100

Municipal combined sewer overflow

annual fee

$115

$1,400

Sanitary wastewater, excluding overboard discharge

annual fee

$60

$1,200

Sanitary overboard discharge, commercial sources

annual fee

$85 $210

$1,200

Sanitary overboard discharge, residential sources 600 gallons per day and less

annual fee

$50 $175

---

Sanitary overboard discharge, residential sources more than 600 gallons per day

annual fee

$60 $200

$600

Sanitary overboard discharge, public sources

annual fee

$75 $210

$500

Aquatic pesticide application

annual fee*

$200

---

Snow dumps

annual fee*

$125

---

Salt and sand storage pile

annual fee*

$150

---

Log storage permit

annual fee*

$200

---

General permit coverage

annual fee*

$100

---

Experimental discharge license

license fee*

$500

---

Mixing zone, in addition to other applicable fees

flat fee*

$4,000

---

Formation of sanitary district

flat fee*

$300

---

Transfer of license for residential or commercial sanitary wastewater

flat fee*

$100

---

     Sec. 2. 38 MRSA §361-A, sub-§3-C is enacted to read:

     3-C. Overboard discharge. "Overboard discharge" has the same meaning as in section 466, subsection 9-A.

     Sec. 3. 38 MRSA §411-A, sub-§2, as amended by PL 2001, c. 232, §10, is repealed.

     Sec. 4. 38 MRSA §411-A, sub-§2-A is enacted to read:

     2-A. Cost-share. The commissioner shall determine the portion of project expenses eligible for grants under this section as follows:

For purposes of this subsection, "annual income" means the sum of all the property owner's federal taxable income for the previous year for single family dwellings, gross profits for the previous year for commercial establishments and gross rents for the previous year for rental properties, as listed on the relevant federal income tax returns.

     Sec. 5. 38 MRSA §411-A, sub-§4, as amended by PL 1991, c. 499, §14, is repealed and the following enacted in its place:

     4. Reimbursement. The commissioner shall utilize grants under this section to reimburse individuals for the cost of removing any overboard discharge, subject to the provisions of subsection 2-A, when:

     Sec. 6. 38 MRSA §413, sub-§3, as amended by PL 1989, c. 890, Pt. B, §28 and affected by Pt. A, §40, is further amended to read:

     3. Transfer of ownership. In the event that any person possessing a license issued by the department transfers the ownership of the property, facility or structure that is the source of a licensed discharge, without transfer of the license being approved by the department, the license granted by the department continues to authorize a discharge within the limits and subject to the terms and conditions stated in the license, provided that the parties to the transfer are jointly and severally liable for any violation thereof until such time as the department approves transfer or issuance of a waste discharge license to the new owner. The department may in its discretion require the new owner to apply for a new license, or may approve transfer of the existing license upon a satisfactory showing that the new owner can abide by its terms and conditions.

Except when it has been demonstrated within 5 years prior to a transfer that there is no technologically proven alternative to an overboard discharge, prior to transfer of ownership of property containing an overboard discharge, the parties to the transfer shall determine the feasibility of technologically proven alternatives to the overboard discharge that are consistent with the plumbing standards adopted by the Department of Human Services pursuant to Title 22, section 42 based on documentation from a licensed site evaluator provided by the applicant and approved by the Department of Environmental Protection. The licensed site evaluator shall demonstrate experience in designing replacement systems for overboard discharge. If an alternative to the overboard discharge is identified, the alternative system must be installed within 90 days of property transfer, except that, if soil conditions are poor due to seasonal weather, the alternative may be installed as soon as soil conditions permit. The installation of an alternative to the overboard discharge may be eligible for funding under section 411-A.

     Sec. 7. 38 MRSA §414, sub-§2, as amended by PL 1997, c. 794, Pt. A, §19, is further amended to read:

     2. Terms of licenses. Licenses are issued by the department for a term of not more than 5 years, except that licenses for overboard discharges may be issued for a term of not more than 10 years, as provided for in section 414-A, subsection 1-B, paragraph D. For the purposes of this section, "overboard discharge" is defined in accordance with section 466, subsection 9-A.

     Sec. 8. 38 MRSA §414, sub-§3-A, as repealed and replaced by PL 1991, c. 294, §1, is repealed and the following enacted in its place:

     3-A. Inspection of overboard discharge systems. The department shall inspect all licensed overboard discharge systems. The cost of the inspections must be assessed as part of the annual license fee. For residential overboard discharges owned by individuals, the department shall provide a fee reduction based on the adjusted gross income of the license holder on the most recent tax return under the federal Internal Revenue Code of 1986. If the license holder's adjusted gross income is less than $15,000, the license holder may reduce the total fee by $125. Any overboard discharge license owner with a mechanical treatment system must provide annual proof of a private maintenance contract for maintenance of that system.

     Sec. 9. 38 MRSA §414, sub-§3-B, as enacted by PL 1991, c. 294, §2, is repealed.

     Sec. 10. 38 MRSA §414-A, sub-§1-B, ¶A, as enacted by PL 1989, c. 442, §3 and affected by c. 890, Pt. A, §40 and amended by Pt. B, §30, is further amended to read:

     Sec. 11. 38 MRSA §414-A, sub-§1-B, ¶B, as amended by PL 1993, c. 223, §3, is further amended to read:

     Sec. 12. 38 MRSA §414-A, sub-§1-B, ¶C, as enacted by PL 1989, c. 442, §3 and affected by c. 890, Pt. A, §40 and amended by Pt. B, §30, is repealed.

     Sec. 13. 38 MRSA §414-A, sub-§1-B, ¶D, as amended by PL 1997, c. 794, Pt. A, §23, is repealed.

     Sec. 14. 38 MRSA §464, sub-§4, ¶A, as amended PL 1997, c. 794, Pt. A, §30, is further amended by amending subparagraph (6) to read:

Effective September 13, 2003, unless otherwise indicated.

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