| | | (a)__The department may issue no more than a total | | of 3 discharge licenses pursuant to this | | subparagraph and subsection 2, paragraph C, | | subparagraph (2). |
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| | | (b)__A discharge license issued pursuant to this | | subparagraph may not be effective for more than 5 | | years from the date of issuance. |
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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. 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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| | | (1)__This paragraph does not apply to a discharge of | | storm water that is in compliance with state and local | | requirements. |
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| | | (2)__This paragraph does not apply to a discharge to | | Class A waters that are or once were populated by a | | distinct population segment of Atlantic salmon as | | determined pursuant to the United States Endangered | | Species Act of 1973, Public Law 93-205, as amended, if, | | in addition to satisfying all the requirements of this | | article, the applicant, prior to issuance of a | | discharge license, objectively demonstrates to the | | department's satisfaction that the discharge is | | necessary, that there are no other reasonable | | alternatives available and that the discharged effluent | | is for the purpose of and will assist in the | | restoration of Atlantic salmon and will return the | | waters to a state that is closer to historically | | natural chemical quality. |
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| | | (a)__The department may issue no more than a total of 3 discharge | | licenses pursuant to this |
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