| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 38 MRSA §465, sub-§1, śC, as amended by PL 1999, c. 243, §8, | is further amended to read: |
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| 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. |
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| | Sec. 2. 38 MRSA §465, sub-§2, śC, as amended by PL 2003, c. 318, §3, | is further amended to read: |
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| 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. |
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| | 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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