Whereas, current law prohibits the discharge of mercury into water in any concentration that increases the natural concentration of mercury in the receiving waters; and

Whereas, new methods for testing mercury discharges allow for the detection of mercury at much lower concentrations than was previously possible; and

Whereas, it is necessary to immediately establish facility- specific standards for mercury discharges that prevent wastewater discharges and to require dischargers to implement pollution prevention measures to reduce the mercury load while statewide, risk-based criteria are being developed; 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 enacted by the People of the State of Maine as follows:

Sec. 1. 38 MRSA §420, sub-§1-A, as enacted by PL 1999, c. 500, §2, is amended to read:

1-A. Mercury. Mercury or any compound containing mercury, whether organic or inorganic, as in any amount or concentration greater than that identified or regulated, including complete prohibition of a substance, by the board pursuant to subsection 2, except as otherwise provided in this subsection.

A. After October 1, 2001, a person, firm, corporation or other legal entity may not discharge mercury or any compound containing mercury, whether organic or inorganic, in any concentration that increases the natural concentration of mercury in the receiving waters.

A-1.__A person, firm, corporation or other legal entity discharging mercury to the surface waters of the State in concentrations contributing to nonattainment of water quality criteria for mercury shall implement measures to abate these discharges in accordance with this section and rules adopted by the board.__Rules adopted under this paragraph are major substantive rules as defined in Title 5, chapter 375, subchapter II-A.