| | | license to the new owner. The department may in its discretion | | require the new owner to apply for a new license, or may approve | | transfer of the existing license upon a satisfactory showing that | | the new owner can abide by its terms and conditions. |
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| | | Except when it has been demonstrated within 5 years prior to a | | transfer that there is no technologically proven alternative to | | an overboard discharge, prior to transfer of ownership of | | property containing an overboard discharge, the parties to the | | transfer shall determine the feasibility of technologically | | proven alternatives to the overboard discharge that are | | consistent with the plumbing standards adopted by the Department | | of Human Services pursuant to Title 22, section 42 based on | | documentation from a licensed site evaluator provided by the | | applicant and approved by the Department of Environmental | | Protection.__The licensed site evaluator shall demonstrate | | experience in designing replacement systems for overboard | | discharge.__ If an alternative to the overboard discharge is | | identified, the alternative system must be installed within 90 | | days of property transfer, except that, if soil conditions are | | poor due to seasonal weather, the alternative may be installed as | | soon as soil conditions permit.__The installation of an | | alternative to the overboard discharge may be eligible for | | funding under section 411-A. |
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| | | Sec. 7. 38 MRSA §414, sub-§2, as amended by PL 1997, c. 794, Pt. A, | | §19, is further amended to read: |
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| | | 2. Terms of licenses. Licenses are issued by the department | for a term of not more than 5 years, except that licenses for | overboard discharges may be issued for a term of not more than 10 | years, as provided for in section 414-A, subsection 1-B, | paragraph DFor the purposes of this section, "overboard | discharge" is defined in accordance with section 466, subsection | 9-A |
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| | | Sec. 8. 38 MRSA §414, sub-§3-A, as repealed and replaced by PL 1991, | | c. 294, §1, is repealed and the following enacted in its place: |
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| | | 3-A.__Inspection of overboard discharge systems.__The | | department shall inspect all licensed overboard discharge | | systems.__The cost of the inspections must be assessed as part of | | the annual license fee.__For residential overboard discharges | | owned by individuals, the department shall provide a fee | | reduction based on the adjusted gross income of the license | | holder on the most recent tax return under the federal Internal | | Revenue Code of 1986.__If the license holder's adjusted gross | | income is less than $15,000, the license holder may reduce the | | total fee by $125.__Any overboard discharge license owner with a |
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