Sec. 1. 38 MRSA §464, sub-§2-C is enacted to read:

2-C.__Procedure for redesignation as impaired water body.__A water body may be classified as impaired or nonattainment by the board by rule after a hearing.__All affected property owners must receive notice of the hearing, which, if requested by the property owners, must also serve as a hearing for a use-attainability analysis consistent with 40 Code of Federal Regulations, Part 131.__The board may designate a water body as impaired or nonattainment if the preponderance of evidence demonstrates that the water body is not meeting the classification criteria and that the designation will not contribute to sprawling patterns of development and will not have an unreasonable impact on the local economy.__Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.

SUMMARY

This bill establishes a procedure to classify a body of water as impaired or nonattainment. Under the bill, the Board of Environmental Protection within the Department of Environmental Protection may so designate a water body if the preponderance of the evidence demonstrates that the water body is not meeting classification criteria, that the designation will not contribute to sprawl and that the designation will not have an unreasonable impact on the local economy.