| | Sec. 3. 38 MRSA §465, sub-§2, śC, as repealed and replaced by PL 2003, | c. 574, §2, is amended to read: |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