06-096 C.M.R. ch. 596, § 4 - Previously Unlicensed Overboard Waste Discharges

A. License Qualification. After accepting an application as complete for processing, the Department shall issue a license for an existing but previously unlicensed overboard discharge only if all of the following criteria are met.

(1) The applicant demonstrates with evidence acceptable to the Department that an overboard discharge was in continuous existence for the 12 months preceding June 1, 1987.

(2) A publicly owned sewer line is not located on or abutting land owned or controlled by the applicant or is not available for the applicant's use.

(3) The applicant demonstrates to the Department's satisfaction that a subsurface wastewater disposal system cannot be installed in compliance with the Subsurface Rules, 10-144 CMR 241, on land owned or controlled by the applicant.

(4) The discharge is not located within the boundaries of a sanitary or sewer district and the district has not agreed to service and maintain a holding tank at an annual fee that does not exceed those fees charged to other similar users of the district's services who are physically connected to the sewers of the district.

(5) The discharge is a year round discharge as determined by Section 6(C) of this chapter, a commercial discharge, or does not meet the criteria of Section 9(A)(2) of this chapter.

(6) The receiving water is not:

(a) A Class GPA, AA, A, or SA water;

(b) A tributary to Class GPA water; or

(c) A waterbody with a drainage area of less than 10 square miles.

(7) The discharge meets the requirements of Maine's Pollution Control Laws 38 M.R.S.A. §414-A, and Maine's Water Classification Laws 38 M.R.S.A. §§464 to 469.

(8) The discharge receives best practicable treatment consistent with requirements in Section 9 of this chapter.

B. Prohibited Increases. An increase in wastewater volume or quantity of overboard discharges beyond that in continuous existence for the 12 months preceding June 1, 1987 is a "new" discharge and thus prohibited. The waste discharge license discharge volume will be equal to the actual or estimated volume produced by the facility connected to the overboard discharge system during the 12 months prior to June 1, 1987.

C. Treatment System Installation. A waste discharge license may not be issued unless the waste water treatment facilities are constructed and operable.

D. License Disqualification. Any applicant for a new waste discharge license who fails to satisfy all criteria contained in Section 4(A) of this chapter is denied a waste discharge license and ordered to terminate the discharge.

Notes

06-096 C.M.R. ch. 596, § 4