LD 1833
pg. 1
LD 1833 Title Page An Act To Amend Water Quality Laws To Aid in Wild Atlantic Salmon Restoration ... LD 1833 Title Page
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LR 2686
Item 1

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

 
Sec. 1. 38 MRSA §465, sub-§1, śC, as amended by PL 1999, c. 243, §8,
is further amended to read:

 
C. There may be no direct discharge of pollutants to Class
AA waters, except storm water discharges that are in
compliance with state and local requirements. A discharge
to these waters for the purpose of restoring a river or
tributary that is or was populated with Atlantic salmon to a
state that is closer to its historically natural physical,
chemical and biological quality is allowed if approved by
the department.

 
Sec. 2. 38 MRSA §465, sub-§2, śC, as amended by PL 2003, c. 318, §3,
is further amended to read:

 
C. Direct Except as provided in this paragraph, direct
discharges to these waters licensed after January 1, 1986,
are permitted only if, in addition to satisfying all the
requirements of this article, the discharged effluent will
be equal to or better than the existing water quality of the
receiving waters. A discharge to these waters for the
purpose of restoring a river or tributary that is or was
populated with Atlantic salmon to a state that is closer to
its historically natural physical, chemical and biological
quality, if approved by the department, is allowed, and, in
such cases, the discharged effluent need not be equal to or
better than the existing water quality of the receiving
waters. Prior to issuing a discharge license, the
department shall require the applicant to objectively
demonstrate to the department's satisfaction that the
discharge is necessary and that there are no other
reasonable alternatives available. Discharges into waters
of this classification licensed prior to January 1, 1986,
are allowed to continue only until practical alternatives
exist. This paragraph does not apply to the discharge of
storm water.

 
SUMMARY

 
The purpose of this bill is to aid in the restoration of wild
Atlantic salmon in the State. This bill allows discharges into
state waters for the purpose of restoring rivers or tributaries
to a state that is closer to their historically natural physical,
chemical and biological qualities.


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