| | | Sec. 3. 38 MRSA §465, sub-§2, śC, as repealed and replaced by PL 2003, | | c. 574, §2, is amended to read: |
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| | | C. 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. |
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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 | | 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 |
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