LD 1304
pg. 5
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LR 1071
Item 1

 
Sec. 3. 38 MRSA §465, sub-§2, śC, as repealed and replaced by PL 2003,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

 
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.

 
(1) This paragraph does not apply to a discharge of
storm water that is in compliance with state and local
requirements.

 
(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.

 
(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).

 
(b) A discharge license issued pursuant to this
subparagraph may not be effective for more than 5
years from the date of issuance.

 
(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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