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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 | | subparagraph and subsection 1, 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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| | | (3)__This paragraph does not apply to aquatic pesticide | | or chemical discharges approved by the department and | | conducted by the department, the Department of Inland | | Fisheries and Wildlife or an agent of either agency for | | the purpose of restoring biological communities | | affected by an invasive species. |
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| | | Sec. 4. 38 MRSA §465, sub-§3, śC, as enacted by PL 1985, c. 698, §15, | | is amended to read: |
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| | C. Discharges to Class B waters shall | impact to aquatic life in that the receiving waters shall | | must be of sufficient quality to support all aquatic species | | indigenous to the receiving water without detrimental | | changes in the resident biological community. This | | paragraph does not apply to aquatic pesticide or chemical | | discharges approved by the department and conducted by the | | department, the Department of Inland Fisheries and Wildlife | | or an agent of either agency for the purpose of restoring | | biological communities affected by an invasive species. |
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| | | Sec. 5. 38 MRSA §465, sub-§4, śC, as enacted by PL 1985, c. 698, §15, | | is amended to read: |
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| | | C. Discharges to Class C waters may cause some changes to | aquatic life, provided that | shall | | fish indigenous to the receiving waters and maintain the |
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