| (6) New discharges of domestic pollutants to the |
| surface waters of the State that are not conveyed and |
| treated in municipal or quasi-municipal sewage |
| facilities. For the purposes of this subparagraph, |
| "new discharge" means any overboard discharge that was |
| not licensed as of June 1, 1987, except discharges from |
| vessels and those discharges that were in continuous |
| existence for the 12 months preceding June 1, 1987, as |
| demonstrated by the applicant to the department with |
| clear and convincing evidence. The volume of the |
| discharge from an overboard discharge facility that was |
| licensed as of June 1, 1987 is determined by the actual |
| or estimated volume from the facilities connected to |
| the overboard discharge facility during the 12 months |
| preceding June 1, 1987 or the volume allowed by the |
| previous license, whichever is less, unless it is found |
| by the department that an error was made during prior |
| licensing. The months during which a discharge may |
| occur from an overboard discharge facility that was |
| licensed as of June 1, 1987 must be determined by the |
| actual use of the facility at the time of the most |
| recent license application prior to June 1, 1987 or the |
| actual use of the facility during the 12 months prior |
| to June 1, 1987, whichever is greater. If the |
| overboard discharge facility was the primary residence |
| of an owner at the time of the most recent license |
| application prior to June 1, 1987 or during the 12 |
| months prior to June 1, 1987, then the facility is |
| considered a year-round residence. "Year-round |
| residence" means a facility that is continuously used |
| for more than 8 months of the year. For purposes of |
| licensing, the department shall treat an increase in |
| the licensed volume or quantity of an existing |
| discharge or an expansion in the months during which |
| the discharge takes place as a new discharge of |
| domestic pollutants; |
