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PUBLIC LAWS OF MAINE
First Regular Session of the 120th

CHAPTER 418
S.P. 393 - L.D. 1308

An Act to Implement the Recommendations of the Department of Environmental Protection on Ambient Water Quality Criteria for Mercury

     Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

     Whereas, current law prohibits the discharge of mercury into water in any concentration that increases the natural concentration of mercury in the receiving waters; and

     Whereas, new methods for testing mercury discharges allow for the detection of mercury at much lower concentrations than was previously possible; and

     Whereas, it is necessary to immediately establish facility-specific standards for mercury discharges that prevent wastewater discharges and to require dischargers to implement pollution prevention measures to reduce the mercury load while statewide, risk-based criteria are being developed; and

     Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 38 MRSA §413, sub-§11 is enacted to read:

     11. Mercury. A facility discharging mercury into the waters of the State shall make reasonable progress to develop, incorporate and continuously improve pollution prevention practices and implement future economically achievable improvements in wastewater technology in order to reduce that facility's dependence upon mercury products, reduce or remove discharges of mercury over time and help in the restoration of the waters of the State. The department shall establish and may periodically revise interim discharge limits, based on procedures specified by rule, for each facility licensed under this section and subject to this subsection in order to reduce the discharge of mercury over time and achieve the ambient water quality criteria established in section 420, subsection 1-B. Notwithstanding section 420, subsection 1-B or section 464, subsection 4, paragraph F, a facility discharging mercury shall at all times meet the interim limits established under this subsection.

     Sec. 2. 38 MRSA §420, sub-§1-A, as enacted by PL 1999, c. 500, §2, is repealed.

     Sec. 3. 38 MRSA §420, sub-§1-B is enacted to read:

     1-B. Mercury. Facilities discharging mercury into the waters of the State shall make reasonable progress to develop, incorporate and continuously improve pollution prevention practices, and implement economically achievable future improvements in wastewater technology, in order to reduce their dependence upon mercury products, reduce or remove discharges of mercury over time, and help in the restoration of the waters of the State. This subsection establishes ambient water quality criteria for mercury that identify that level of mercury considered safe for human health and the environment.

The commissioner shall report to the joint standing committee of the Legislature having jurisdiction over natural resources matters by January 15, 2005 and by January 15th every 5th year thereafter on the status of mercury discharges, progress in implementing pollution prevention plans and progress toward attainment of ambient water quality criteria for mercury under this subsection. The report may include proposed statutory amendments. The joint standing committee of the Legislature having jurisdiction over natural resources matters may report out any necessary implementing legislation related to these mercury issues in each session in which a report is required under this subsection.

     Sec. 4. Legislative intent regarding mercury discharge. The State is required pursuant to the federal Clean Water Act to adopt ambient water quality criteria for toxic pollutants the discharge or presence of which in waters could reasonably be expected to interfere with designated uses of the waters adopted by the State. The Legislature finds that the State has a significant, ongoing contamination problem in regard to mercury and compounds containing mercury, both organic or inorganic, as demonstrated by widespread fish advisories. It also finds that this situation is due to a combination of factors, primarily including air deposition, historic industrial practices, current wastewater discharges and consumer products. Efforts are required to address each of these factors, including the support of national strategies to address interstate issues. This Act establishes ambient water quality criteria for mercury that identify that level of mercury considered safe for human health and the environment. Many of the State's waters do not meet these criteria. The Legislature recognizes that technology is not always adequate to allow facilities to reduce their discharges to an extent necessary to avoid violation of these criteria and that background levels in some water bodies may violate these criteria even without the presence of wastewater discharges. In order to best address the portion of mercury entering the environment through wastewater discharges, the Legislature establishes a process in the Maine Revised Statutes, Title 38, section 413, subsection 11 to require significant and reasonable progress in the reduction of wastewater discharges containing mercury in the State.

     Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.

Effective June 15, 2001.

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