Sec. 16. 38 MRSA §480-Q, sub-§26 is enacted to read:

26.__Overboard wastewater system.__Installation, maintenance or removal of a licensed overboard discharge treatment system, including the outfall pipe, if:

A.__Erosion control measures are taken to prevent sedimentation of the water;

B.__Effects of construction activity on the protected natural resource are minimized; and

C.__The activity is approved by the department as provided in the department's rules concerning overboard discharges adopted pursuant to section 414-A.

Sec. 17. 38 MRSA §480-U, sub-§2, ¶A, as amended by PL 1999, c. 401, Pt. BB, §18, is further amended by amending subparagraph (3) to read:

(3) Contains endangered or threatened plant species listed under Title 5, section 3315 as defined in Title 12, section 544;

Sec. 18. 38 MRSA §482, sub-§2, ¶B, as repealed and replaced by PL 1997, c. 502, §5, is amended to read:

B. Is a metallic mineral mining or advanced exploration activity as defined in this section or an oil or gas exploration or production activity that includes drilling or excavation under water;

Sec. 19. 38 MRSA §488, sub-§9, as amended by PL 1997, c. 502, §9, is repealed and the following enacted in its place:

9.__Development within unorganized areas.__A development located entirely within an area subject to the jurisdiction of the Maine Land Use Regulation Commission, other than a metallic mineral mining or advanced exploration activity or an oil terminal facility, is exempt from the requirements of this article.

A.__If a development is located in part within an organized area and in part within an area subject to the jurisdiction of the Maine Land Use Regulation Commission, that portion of the development within the organized area is subject to review under this article if that portion is a development