06-096 C.M.R. ch. 596, § 6 - License and Permit Conditions

A. Standard and Special Conditions. Overboard discharge licenses issued by the Department must contain appropriate standard conditions and any other special conditions deemed necessary by the Department to achieve compliance with Maine laws. The standard conditions will include any applicable standards identified in Chapter 523, Section 2, and Chapter 525, Section 3.

B. Volume Limitation. The waste discharge volume limit of the renewed license is determined as follows.

(1) If the facility is a college, university, school union or school administrative unit, the discharge volume limit is:

(a) The limit imposed by the previous license or permit; or

(b) The actual or estimated flow at the time of current application if a license volume increase is necessary; or

(c) An alternate limit if (b) above will violate 38 M.R.S.A. §§464 to 469.

(2) If Section 6, Paragraph (B)(1) above is not applicable, the discharge volume limit is the lesser of (a) or (b).

(a) The volume limit of the previous license or licenses. An increase in wastewater volume from a structure may be allowed in cases where the administrative record clearly demonstrates that the Department made an error or omission during previous licensing approvals for that facility.

(b) The volume 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.

(3) Unless defined otherwise in the license, volume limitations are daily maximum limit.

C. Seasonal Use Determination. The months during which a discharge can occur is limited in a license to the following:

(1) The actual use of the facility at the time of the most recent license application filed prior to June 1, 1987; or the actual use of the facility during the 12 months prior to June 1, 1987 whichever is greater;

(2) If the facility was the primary residence of the owner at the time of the most recent application filed prior to June 1, 1987 or during the 12 months prior to June 1, 1987, the facility is considered to have a year-round discharge;

(3) If the previous license restricted the months during which a discharge could occur, the license being issued must restrict the discharge to the same months;

(4) If the previous license issued after January 5, 1991 specifically authorized the discharge for more than six months, the license being issued must authorize year-round use.

D. Seasonal Use Limitation. If the discharge is determined to be seasonal the license being issued shall restrict the discharge to the period from April 15th, to November 1st or the actual months of the discharge as of June 1, 1987, as demonstrated by the applicant whichever is greater.

E. Special Conditions For Mechanical Treatment Systems

(1) The licensee shall maintain a service contract for any and all treatment equipment and facilities with a service organization or individual acceptable or to the Department. A signed copy of the service contract must be forwarded or presented to the Department upon request for review and approval.

(2) An alarm system of a design approved by the Department staff must be installed.

(3) A tag, provided by the service contractor, must be attached to the treatment system or displayed near the treatment system in an accessible manner. The tag must show the name of the service contractor, the date of the most recent visit by the service contractor and the initials of the person conducting the service.

(4) Prior to renewing or transferring the license, the treatment system must have passed 75% of regular compliance inspections. If the treatment system fails to meet this condition, the licensee must provide a plan to ensure consistent compliance and a schedule to implement the plan. The Department may require the licensee to institute operational changes or install a new treatment system to improve treatment system compliance.

F. Special Conditions For Sand Filter Systems

(1) At least five (5) working days prior to the construction of an approved sand filter, the licensee shall contact the Department to schedule inspection of the system during construction.

(2) The licensee shall ensure that the septic tank connected to the sand filter is pumped at least once every three years. Periodic cleaning of the disinfection unit housing chamber may be necessary for removal and proper disposal of any solid material buildup.

(3) Prior to renewing or transferring the license, the treatment system must have passed 75% of regular compliance inspections. If the treatment system fails to meet this condition, the licensee must provide a plan to ensure consistent compliance and a schedule to implement the plan. The Department may require the licensee to institute operational changes or install a new treatment system to improve treatment system compliance.

G. Notification Requirement. The licensee or the licensee's agent must notify the Department of the proposed installation, modification or abandonment of waste water treatment facilities or installation of an alternative waste water disposal system at least five (5) working days before commencing work. The notification must be sent to:

Overboard Discharge Program

Department of Environmental Protection

State House Station 17

Augusta, ME 04333-0017

Notes

06-096 C.M.R. ch. 596, § 6