CHAPTER 79
H.P. 943 - L.D. 1271
Resolve, To Study the Implementation of a Plan To Prohibit the Discharge of Certain Wastewater into Coastal Waters
Emergency preamble. Whereas, Acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this resolve directs the Department of Environmental Protection to develop a plan for prohibiting or regulating the discharge of sewage and gray water from vessels into the coastal waters of the State; and
Whereas, this resolve is necessary as an emergency measure to afford adequate time for the issues to be appropriately addressed by the department; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore, be it
Sec. 1. Stakeholder group established. Resolved: That the Department of Environmental Protection shall convene a stakeholder group to assist the department in developing a recommended plan for prohibiting or regulating the discharge of sewage and gray water from vessels into the coastal waters of the State. The stakeholder group must be convened no later than 30 days after the effective date of this resolve; and be it further
Sec. 2. Membership. Resolved: That the department shall invite a marine biologist, an oceanographer and a harbor master and a representative of each of the following interested parties to participate in the stakeholder group: the Joint Standing Committee on Natural Resources, an environmental advocacy organization, a marine trade association, the marina industry, the United States Coast Guard, a group representing the interests of saltwater recreational boaters, the boatbuilding industry, the commercial fishing industry including lobstermen and shellfish harvesters, the aquaculture industry, the tourism industry, the hotel industry, an organization whose mission is to protect Casco Bay, a group representing the Maine petroleum industry, the marine terminal industry and other interested parties as determined by the department; and be it further
Sec. 3. Duties. Resolved: That the Department of Environmental Protection, with the assistance of the stakeholder group established pursuant to section 2, shall develop a recommended plan for prohibiting or regulating the discharge of sewage and gray water from vessels into the coastal waters of the State. The department shall, at a minimum, hold one meeting in Portland with the stakeholder group and one meeting in Bar Harbor with the stakeholder group. The department shall include in its review the following:
1. The issues identified in Legislative Document 1158, "An Act to Protect Maine's Coastal Water" of the 121st Legislature;
2. The benefits and detriments to identifying certain waters in Casco Bay as no-discharge zones prior to applying to the United States Environmental Protection Agency for designation of up to 50 significant harbors or bays in the territorial waters of the State as no-discharge zones pursuant to Public Law 1999, chapter 655;
3. A process for determining the boundaries of those waters that should be designated as no-discharge zones; and
4. The parameters for the regulation of gray water, including vessel weight and vessel passenger capacity; and be it further
Sec. 4. Report. Resolved: That the Department of Environmental Protection shall submit to the Joint Standing Committee on Natural Resources no later than November 1, 2003 a recommended plan, including any legislation necessary to implement the plan, for prohibiting or regulating the discharge of sewage and gray water from vessels into the coastal waters of the State; and be it further
Sec. 5. Funding. Resolved: That, pursuant to the Maine Revised Statutes, Title 38, section 351, the Commissioner of Environmental Protection may seek and accept outside funds to advance the work in developing a recommended plan pursuant to this resolve.
Emergency clause. In view of the emergency cited in the preamble, this resolve takes effect when approved.
Effective June 18, 2003.
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