| Resolve, Directing the Department of Environmental |
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| Protection To Recognize the Distinction between Water |
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| Storage Reservoirs and Natural Lakes |
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| | Whereas, the Maine Revised Statutes, Title 38, section 464, | subsection 5 requires the Department of Environmental Protection, | Board of Environmental Protection to adopt rules necessary to | implement the water quality classification system; and |
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| | Whereas, the rules must include sampling and analytical methods, | protocols and procedures for satisfying the water quality | criteria, including evaluation of the impact of any discharge on | the resident biological community; and |
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| | Whereas, Title 38, section 464, subsection 9 provides that | certain hydropower projects that do not attain the habitat and | aquatic life criteria of Title 38, section 465-A must, at a | minimum, satisfy the Class C aquatic life criteria contained in | Title 38, section 465, subsection 4, paragraph C; and |
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| | Whereas, the Class C aquatic life criteria contained in Title | 38, section 465, subsection 4, paragraph C allow some changes to | aquatic life as long as the receiving waters are of |
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| sufficient quality to support all species of fish indigenous to | the receiving waters and maintain the structure and function of | the resident biological community; and |
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| | Whereas, the fact that water storage reservoirs are not natural | lakes should be recognized when implementing water quality | classifications; and |
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