STATE OF MAINE 

DEPARTMENT OF ENVIRONMENTAL PROTECTION 

PAUL R. LEPAGE 

GOVERNOR 

PATRICIA W. AHO 

COMMISSIONER 

June 7, 2012 

Ms. Annaleis Hafford 

P.O. Box 679 

Winterport, ME 04496 

annaleis@olverassociatesinc.com 

Transmitted via electronic mail 

Delivery confirmation requested 

RE: Maine Pollutant Discharge Elimination System (MEPDES) Permit #ME0102765 

Maine Waste Discharge License (WDL) #W002375-5D-D-R 

Finalized MEPDES Permit Renewal 

Dear Ms. Hafford: 

Enclosed, please find a copy of your final MEPDES permit and Maine WDL, which was 

approved by the Department of Environmental Protection. Please read the 

permit/license and its attached conditions carefully. You must follow the conditions in 

the order to satisfy the requirements of law, Any discharge not receiving adequate 

treatment is in violation of State law and is subject to enforcement action. 

Any interested person aggrieved by a Department determination made pursuant to 

applicable regulations, may appeal the decision following the procedures described in 

the attached DEP FACT SHEET entitled "Appealing a Commissioner's Licensing 

Decision." 

If you have any questions regarding the matter, please feel free to contact me. 

Sincerely, 

srtm 3A,A,L4( 

Bill Hinkel 

Division of Water Quality Management 

Bureau of Land and Water Quality 

bill.hinkel@maine.gov 

ph: 207.485.2281 

Enc. ec: Bill Johnson, MeDEP Lori Mitchell, MeDEP Sandy Mojica, USEPA 

AUGUSTA 

17 STATE HOUSE STATION BANGOR PORTLAND PRESQUE ISLE 

AUGUSTA, MAINE 04333-0017 106 HOGAN ROAD, SUITE 6 312 CANCO ROAD 1235 CENTRAL DRIVE, SKYWAY PARK 

(207) 287-7688 FAX: (207) 287-7826 BANGOR, MAINE 04401 PORTLAND, MAINE 04103 PRESQUE ISLE, MAINE 04679-2094 

RAY BLDG., HOSPITAL ST. (207) 941-4570 FAX: (207) 941-4584 (207) 622-6300 FAX: (207) 822-6303 (207) 764-0477 FAX: (207) 760-3143 

web site: www.maine.govideis' 
STATE OF MAINE 

DEPARTMENT OF ENVIRONMENTAL PROTECTION 

17 STATE HOUSE STATION AUGUSTA, MAINE 04333-0017 

DEPARTMENT ORDER 

IN THE MATTER OF 

CALAIS SCHOOL DEPARTMENT 

OVERBOARD DISCHARGE 

CALAIS, WASHINGTON COUNTY, MAINE 

#ME0102765 

#W002375-5D-D-R APPROVAL 

MAINE POLUTANT DISCHARGE 

ELIMINATION SYSTEM PERMIT 

AND 

WASTE DISCHARGE LICENSE 

RENEWAL 

Pursuant to the provisions of the Federal Water Pollution Control Act, Title 33 USC, §1251, 

Conditions of licenses, 38 M.R.S.A. § 414-A, and applicable regulations, the Department of 

Environmental Protection (Department) has considered the application of the CALAIS SCHOOL 

DEPARTMENT (CSD or permittee) with its supportive data, agency review comments, and 

other related materials on file and other related materials on file and FINDS THE FOLLOWING 

FACTS: 

APPLICATION SUMMARY 

The CSD has applied to the Department for the renewal of combination Maine Waste Discharge 

License (WDL) #W002375-5E-C-R / Maine Pollutant Discharge Elimination System (MEPDES) 

permit #ME0102765, which was issued by the Department on January 22, 2007, and expired on 

January 22, 2012. The January 22, 2007 permit authorized the daily maximum discharge of 

13,000 gallons per day (GPD) of secondary treated sanitary wastewater from the CSD wastewater 

treatment system to the Saint Croix River, Class SC, in Calais, Maine. 

PERMIT SUMMARY 

This permitting action is similar to the January 22, 2007 permitting action in that it is carrying 

forward the: 

1. Daily maximum discharge flow limit of 13,000 GPD; 

2. Monthly average, weekly average and daily maximum concentration and mass limits for 

biochemical oxygen demand (BOD5) and total suspended solids (TSS); 

3. Requirement for a minimum of 85% removal of BOD5and TSS; 

4. Daily maximum concentration limit for settleable solids of 0.3 ml/L; 

5. Daily maximum concentration limit of 1.0 mg/L for total residual chlorine (TRC); 

6. Daily maximum and monthly average concentration limitations of 50 colonies/100 ml and 

15 colonies/100 ml, respectively, for fecal coliform bacteria; and 

7. A pH range limitation of 6.0 — 9.0 standard units. 

This permitting action is different from the January 22, 2007 permitting action in that it is: 

1. Establishing Special Condition H, 06-096 CMR 530(2)(D)(4) Statement for Reduced /Waived 

Toxics Testing, for waived taxies testing; and 

2. Revising the minimum monitoring frequency requirements for settleable solids, fecal coliform 

bacteria, TRC, and pH to once per month during the period of September through June of each year. 
04E0102765 PERMIT PAGE 2 OF 9 

#\V002375-5 D-D-R 

CONCLUSIONS 

BASED on the findings summarized in the attached Fact Sheet dated June 6, 2012, and subject to the 

Conditions listed below, the Department makes the following conclusions: 

1. The discharge, either by itself or in combination with other discharges, will not lower the quality of 

any classified body of water below such classification. 

2. The discharge, either by itself or in combination with other discharges, will not lower the quality of 

any unclassified body of water below the classification which the Department expects to adopt in 

accordance with state law. 

3. The provisions of the State's antidegradation policy, 38 M.R.S.A. §464(4)(F), will be met, in that: 

(a) Existing in-stream water uses and the level of water quality necessary to protect and 

maintain those existing uses will be maintained and protected; 

(b) Where high quality waters of the State constitute an outstanding national resource, that 

water quality will be maintained and protected; 

(c) The standards of classification of the receiving water body are met or, where the 

standards of classification of the receiving water body are not met, the discharge will not 

cause or contribute to the failure of the water body to meet the standards of classification; 

(d) Where the actual quality of any classified receiving water body exceeds the minimum 

standards of the next highest classification that higher water quality will be maintained 

and protected; and 

(e) Where a discharge will result in lowering the existing water quality of any water body, 

the Department has made the finding, following opportunity for public participation, that 

this action is necessary to achieve important economic or social benefits to the State. 

4. The discharge will be subject to effluent limitations that require application of best practicable 

treatment as defined in 38 M.R.S.A. § 414-A(1)(D). 
J 

BY: (4. 

for PA ICIA W. A 

State of Maine 

Board of Environmental Protection 

0, Commissioner 

#ME0102765 PERMIT PAGE 3 OF 9 

#W002375-5D-D-R 

ACTION 

THEREFORE, the Department APPROVES the above noted application of the CALAIS 

SCHOOL DEPARTMENT to discharge a daily maximum flow of 13,000 gallons per day of 

secondary treated sanitary wastewater from the CSD wastewater treatment system to the Saint 

Croix River, Class SC, in Calais, Maine, SUBJECT TO THE ATTACHED CONDITIONS, and 

all applicable standards and regulations including: 

"Maine Pollutant Discharge Elimination System Permit Standard Conditions Applicable To 

All Permits," revised July 1, 2002, copy attached. 

2 The attached Special Conditions, including any effluent limitations and monitoring 

requirements. 

3. This permit and the authorization to discharge become effective upon the date of signature 

below and expire at midnight five (5) years from the effective date. If a renewal application 

is timely submitted and accepted as complete for processing prior to the expiration of this 

permit, the authorization to discharge and the terms and conditions of this permit and all 

modifications and minor revisions thereto remain in effect until a final Department decision 

on the renewal application becomes effective. [Maine Administrative Procedure Act, 5 

M.R.S.A. § 10002 and Rules Concerning the Processing of Applications and Other 

Administrative Matters, 06-096 CMR 2(21)(A) (effective April 1, 2003)] 

PLEASE NOTE ATTACHED SHEET FOR GUIDANCE ON APPEAL PROCEDURES. 

f (k DONE AND DATED AT AUGUSTA, MAINE, THIS 7 — DAY OF , 2012. 

DEPARTMENT OF ENVIRONMENTAL PROTECTION 

Date filed with Board of Environmental Protection 

Date of initial receipt of application: January 18, 2012 

Date of application acceptance: January 18, 2012 

This Order prepared by Bill Hinkel, BUREAU OF LAND & WATER QUALITY 
Effluent Characteristic Discharge Limitations Monitoring Requirements 

Monthly Weekly Daily Monthly Weekly Daily Measurement Sample 

Average Average Maximum Average Average Maximum Frequency Type 

as specified as specified as specified as specified as specified as specified as specified as specified 

Flow 

--

13,000 _ 

150050] --

GPD 

[07] -- 

_ 

1/Month 

[01/30] 

Estimated 

[ES] 

BOD5 

[00310] 

3.3 lbs./day 

[26] 

4.9 lbs./day 

[26] 

5.4 Ibs./day 

[26] 

30 mg/L 

119] 

45 mg/L 

[19] 

50 ing/L 

[19] 

1/Month 

[01/30] 

Grab 

[GR] 

ROD5% Removal(2) 

[81010] 

___ __ __ _ 

85% 

[23] 

_ __ 

1/Month 

[01/307 

Calculate 

[CA] 

TSS 

[00530] 

3.3 lbs./day 

[26] 

4.9 lbs./day 

[26] 

5.4 lbs./day 

126] 

30 mg/L 

(19] 

45 mg/L 

[19] 

50 mg/L 

[19] 

1/Month 

[01/30] 

Grab 

[GR] 

[81011] 

TSS % Removalm 85% 

-- 

— _ 

[23] 

_ ___ 

1/Month 

[01/30] 

Calculate 

[CA] 

Settleable Solids

.. 

[00545/ 

„ 

-- — 

0.3 ml/L 

f25] 

1/Month 

[01/30/ 

Grab 

[GR] 

Fecal Coliform 

Bacteria(3) 

[31616/ May 15-Sept. 30 

-- -- -- - 

15/100 m1(4) 

(13] 

50/100 ml 

[1.3.1 

1/Month 

1-01/30] 

Grab 

[GR] 

Total Residual Chlorine(5) — 

[50060/ 

— -- — 1.0 mg/L 

(19] 

1/Month 

[01/30] 

Grab 

[GR] 

[00400] -- 

pH __6.0 

- -- - 

--9.0 SU 

[12] 

1/Month 

[01/30] 

Grab 

[GR] 

The italicized numeric values bracketed in the table and in subsequent text are code numbers that Department personnel utilize to code the monthly 

Discharge Monitoring Reports. 

FOOTNOTES: See Pages 5-6 of this permit for applicable footnotes. 
IA4E0102765 PERMIT PAGE 5 OF 9 

#W002375-5D-D-R 

SPECIAL CONDITIONS 

A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (cont'd) 

FOOTNOTES: 

I. Sampling — Sampling and analysis must be conducted in accordance with; a) methods 

approved in Title 40 Code of Federal Regulations (40 CFR) Part 136, b) alternative methods 

approved by the Department in accordance with the procedures in 40 CFR Part 136, or c) as 

otherwise specified by the Department. Samples that are sent out for analysis shall be 

analyzed by a laboratory certified by the State of Maine's Department of Health and Human 

Services. Samples that are sent to another POTW licensed pursuant to Waste discharge 

licenses, 38 M.R.S.A. § 413 are subject to the provisions and restrictions of the Maine 

Comprehensive and Limited Environmental Laboratory Certification Rules, 10-144 CMR 

263 (last amended February 13, 2000). Laboratory facilities that analyze compliance 

samples in-house are subject to the provisions and restrictions of 10-144 CMR 263. 

All analytical test results shall be reported to the Department including results which are 

detected below the respective reporting limits (RLs) specified by the Department or as 

specified by other approved test methods. If a non-detect analytical test result is below 

the respective RL, the concentration result shall be reported as <Y where Y is the RL 

achieved by the laboratory for each respective parameter. Reporting a value of <Y that is 

greater than an established RL or reporting an estimated value ("J" flagged) is not 

acceptable and will be rejected by the Department. Reporting analytical data and its use 

in calculations must follow established Department guidelines specified in this permit or 

in available Department guidance documents. 

2. Percent Removal — The treatment facility shall maintain a minimum of 85 percent 

removal of both biochemical oxygen demand and total suspended solids for all flows 

receiving secondary treatment. The percent removal shall be calculated based on assumed 

BOD5and TSS influent values of 286 mg/L and actual effluent concentration values, unless 

otherwise specified by the Department in writing. 

3. Bacteria Limits — Fecal coliform bacteria limits and monitoring requirements are 

seasonal and apply between May 15 and September 30 of each year. The Department 

reserves the right to require year-round bacteria limits to protect the health, safety and 

welfare of the public. 

4. Bacteria Reporting — The monthly average fecal coliforrn bacteria limitation is a 

geometric mean limitation and sample results shall be reported as such. 

5. TRC Monitoring — Limitations and monitoring requirements are in effect any time 

elemental chlorine or chlorine-based compounds are utilized to disinfect the 

discharge(s). The permittee shall utilize a USEPA-approved test method capable of 

bracketing the TRC limitations specified in this permitting action. 
#ME0102765 PERMIT PAGE 6 OF 9 

#W002375-5D-D-R 

SPECIAL CONDITIONS 

B. NARRATIVE EFFLUENT LIMITATIONS 

1. The effluent shall not contain a visible oil sheen, foam or floating solids at any time 

which would impair the usages designated for the classification of the receiving waters. 

2. The effluent shall not contain materials in concentrations or combinations which are 

hazardous or toxic to aquatic life, or which would impair the usages designated for the 

classification of the receiving waters. 

3. The discharge shall not cause visible discoloration or turbidity in the receiving waters 

which would impair the usages designated for the classification of the receiving waters. 

4. Notwithstanding specific conditions of this permit, the effluent must not lower the quality 

of any classified body of water below such classification, or lower the existing quality of 

any body of water if the existing quality is higher than the classification. 

C. PAYMENT OF FEES 

Annual waste discharge license fees, 38 M.R.S.A. § 353-B requires the permittee to pay an 

applicable annual fee for discharges authorized by this permit. The Department may pursue 

enforcement, including, but not limited to, penalties pursuant to Organization and powers, 

38 M.R.S.A. § 349, and suspension or revocation pursuant to Board Responsibilities and 

Duties, 38 M.R.S.A. § 341-D(3), for the failure of a permittee to pay any portion of 

permitting fees owed by the date due. 

D. TREATMENT PLANT OPERATOR 

The person who has the management responsibility over the treatment facility must hold a 

Grade II certificate (or higher) or must be a Maine Registered Professional Engineer 

pursuant to Sewerage Treatment Operators, 32 M.R.S.A. §§ 4171-4182 and Regulations for 

Wastewater Operator Certification, 06-096 CMR 531 (effective May 8, 2006). All proposed 

contracts for facility operation by any person must be approved by the Department before the 

permittee may engage the services of the contract operator. 

E. AUTHORIZED DISCHARGES 

The permittee is authorized to discharge only in accordance with: 1) the permittee's General 

Application for Waste Discharge Permit, accepted for processing on January 18, 2012; 2) the terms 

and conditions of this permit; and 3) only from Outfall #001A. Discharges of wastewater from any 

other point source are not authorized under this permit, and shall be reported in accordance with 

Standard Condition B(5)(Bypass) of this permit. 
#ME0102765 PERMIT PAGE 7 OF 9 

#W002375-5D-D-R 

SPECIAL CONDITIONS 

F. MONITORING AND REPORTING 

Monitoring results obtained during the previous month must be summarized for each month 

and reported on separate Discharge Monitoring Report (DMR) forms provided by the 

Department and postmarked on or before the thirteenth (13th) day of the month or handdelivered to a Department Regional Office such that the DMRs are received by the 

Department on or before the fifteenth (15th) day of the month following the completed 

reporting period. A signed copy of the DMR and all other reports required herein must be 

submitted to the following address: 

Maine Department of Environmental Protection 

Bureau of Land and Water Quality 

Division of Water Quality Management 

Overboard Discharge Inspector 

17 State House Station 

Augusta, ME 04333-0017 

Alternatively, if you are submitting an electronic DMR (eDMR), the completed eDMR must 

be electronically submitted to the Department by a facility authorized DMR Signatory not 

later than close of business on the 15thday of the month following the completed reporting 

period. Hard copy documentation submitted in support of the eDMR must be postmarked on 

or before the thirteenth (13th) day of the month or hand-delivered to the Department's 

Regional Office such that it is received by the Department on or before the fifteenth (15th) 

day of the month following the completed reporting period. Electronic documentation in 

support of the eDMR must be submitted not later than close of business on the 15thday of the 

month following the completed reporting period. 

G. NOTIFICATION REQUIREMENT 

In accordance with Standard Condition D, the permittee shall notify the Department of the following. 

1. Any substantial change in the volume or character of pollutants being introduced into the 

wastewater collection and treatment system. For the purposes of this condition, notice 

regarding substantial change shall include information on: 

(a) the quality and quantity of wastewater introduced to the wastewater collection and 

_treatment system; and 

(b) any anticipated impact caused by the change in the quantity or quality of the 

wastewater to be discharged from the treatment system. 
#ME0102765 PERMIT PAGE 8 OF 9 

#W002375-5D-D-R 

SPECIAL CONDITIONS 

H. 06-096 CMR 530(2)(D)(4) STATEMENT FOR REDUCED/WAIVED TOXICS TESTING 

By December 31 of each calendar year, the permittee shall provide the Department with a 

certification describing any of the following that have occurred since the effective date of this 

permit [PCS Code 95799]. See Attachment A of the Fact Sheet for an acceptable 

certification form to satisfy this Special Condition. 

(a) Changes in the number or types of non-domestic wastes contributed directly or 

indirectly to the wastewater treatment works that may increase the toxicity of the 

discharge; - 

(b) Changes in the operation of the treatment works that may increase the toxicity of the 

discharge; and 

(c) Changes in industrial manufacturing processes contributing wastewater to the 

treatment works that may increase the toxicity of the discharge. 

The Department may require that annual testing be re-instituted if it determines that there 

have been changes in the character of the discharge or if annual certifications described 

above are not submitted. 

I. OPERATION & MAINTENANCE (O&M) PLAN 

This facility shall have a current written comprehensive Operation & Maintenance (O&M) 

Plan. The plan shall provide a systematic approach by which the permittee shall at all times, 

properly operate and maintain all facilities and systems of treatment and control (and related 

appurtenances) which are installed or used by the permittee to achieve compliance with the 

conditions of this permit. 

By December 31 of each year, or within 90 days of any process changes or minor 

equipment upgrades, the permittee shall evaluate and modify the O&M Plan including site 

plan(s) and schematic(s) for the waste water treatment facility to ensure that it is up-to-date. 

The O&M Plan shall be kept on-site at all times and made available to Department and EPA 

personnel upon request. 

Within 90 days of completion of new and or substantial upgrades of the waste water 

treatment facility, the permittee shall submit the updated O&M Plan to their Department 

inspector for review and comment, 
#ME0102765 PERMIT PAGE 9 OF 9 

#W002375-5D-D-R 

SPECIAL CONDITIONS 

J. REOPENING OF PERMIT FOR MODIFICATIONS 

Upon evaluation of the tests results or monitoring requirements specified in the Special 

Conditions of this permitting action, new site-specific information, or any other pertinent test 

results or information obtained during the term of this permit, the Department may, at any 

time and with notice to the permittee, modify this permit to; 1) include effluent limits 

necessary to control specific pollutants or whole effluent toxicity where there is a reasonable 

potential that the effluent may cause water quality criteria to be exceeded, (2) require 

additional effluent and or ambient water quality monitoring if results on file are inconclusive; 

or (3) change monitoring requirements or limitations based on new information. 

K. SEVERABILITY 

In the event that any provision(s), or part thereof, of this permit is declared to be unlawful by 

a reviewing court, the remainder of the permit shall remain in full force and effect, and shall 

be construed and enforced in all aspects as if such unlawful provision, or part thereof, had 

been omitted, unless otherwise ordered by the court. 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

AND 

WASTE DISCHARGE LICENSE 

FACT SHEET 

DATE: JUNE 6, 2012 

MEPDES PERMIT: #ME0102765 

WASTE DISCHARGE LICENSE: #W002375-5D-D-R 

NAME AND ADDRESS OF APPLICANT: 

CALMS SCHOOL DEPARTMENT 

32 BLUE DEVIL HILL ROAD 

CALMS, MAINE 04619 

COUNTY: WASHINGTON 

NAME AND ADDRESS WHERE DISCHARGE OCCURS: 

CALMS SCHOOL DEPARTMENT 

32 BLUE DEVIL HILL ROAD 

CALAIS, MAINE 04619 

RECEIVING WATER / CLASSIFICATION: ST. CROIX RIVER/CLASS SC 

COGNIZANT OFFICIAL AND TELEPHONE NUMBER: MS. ANNALEIS HAFFORD, P.E. 

OLVER ASSOCIATES, INC. 

(207) 223-2232 

annaleisAolverassociatesinc.com 

1. APPLICATION SUMMARY 

a. Application: The Calais School Department (CSD or permittee) has applied to the 

Department of Environmental Protection (Department) for the renewal of combination 

Maine Waste Discharge License (WDL) #W002375-5E-C-R I Maine Pollutant Discharge 

Elimination System (MEPDES) permit #ME0102765, which was issued by the 

Department on January 22, 2007, and expired on January 22, 2012. The January 22, 

2007 permit authorized the daily maximum discharge of 13,000 gallons per day (GPD) of 

secondary treated sanitary wastewater from the CSD wastewater treatment system to the 

Saint Croix River, Class SC, in Calais, Maine. 
#ME0102765 FACT SHEET PAGE 2 OF 10 

#W002375-5D-D-R 

2. PERMIT SUMMARY 

a. Terms and conditions; This permitting action is similar to the January 22, 2007 

permitting action in that it is carrying forward the: 

1. Daily maximum discharge flow limit of 13,000 GPD; 

2. Monthly average, weekly average and daily maximum concentration and mass limits for 

biochemical oxygen demand (BOD5) and total suspended solids (TSS); 

3. Requirement for a minimum of 85% removal of BOD5and TSS; 

4. Daily maximum concentration limit for settleable solids of 0.3 ml/L; 

5. Daily maximum concentration limit of 1.0 mg/L for total residual chlorine (TRC); 

6. Daily maximum and monthly average concentration limitations of 50 colonies/100 ml and 

15 colonies/100 ml, respectively, for fecal coliform bacteria; 

7. A pH range limitation of 6.0 — 9.0 standard units. 

This permitting action is different from the January 22, 2007 permitting action in that it is: 

1. Establishing Special Condition H, 06-096 CMR 530(2)(D)(4) Statement for Reduced 

/Waived Toxics Testing, for waived taxies testing; and 

2. Revising the minimum monitoring frequency requirements for settleable solids, fecal 

coliform bacteria, TRC, and pH to once per month during the period of September through 

June of each year. 

b. History: This section provides a summary of significant licensing/permitting actions that 

have been completed for the CSD facility. 

April 8, 1993 — The U.S. Environmental Protection Agency (USEPA) issued National 

Pollutant Discharge Elimination System (NPDES) permit #MEU502375 to the CSD for a 

five-year term. 

January 12, 2001 — The Department received authorization from the USEPA to 

administer the NPDES permit program in Maine, excluding areas of special interest to 

Maine Indian Tribes. From that point forward, the program has been referred to as the 

MEPDES program, and MEPDES permit #ME0102765 has been utilized as the primary 

reference number for the CSD wastewater treatment facility. 

January 22, 2007 — The Department issued combination WDL/MEPDES permit 

#W002375-5E-C-MME0102765 to the CSD for a five-year term. The January 22, 

2007 permit superseded the April 8, 1993 NPDES permit, WDL #W002375-ZC-B-R 

issued on December 14, 1995 for a ten-year term, WDL #W2375 issued on October 

4, 1983 for a five-year term, WDL #W2375 issued on August 25, 1978, and WDL 

#743 issued on July 9, 1975. 

January 18, 2012 — The CSD submitted a timely and complete General Application to the 

Department for renewal of the January 22, 2007 MEPDES permit, The application was 

accepted for processing on January 18, 2012, and was assigned WDL #W002375-5D-D-R 

/ MEPDES #ME0102765. 
#N1E0102765 FACT SHEET PAGE 3 OF 10 

#W002375-5D-D-R 

2. PERMIT SUMMARY (cont'd) 

c. Source Description: Sanitary wastewaters are generated from the Calais High School 

which serves a maximum of 356 students and 42 staff. A map created by the Department 

showing the location of the facility and receiving water is included as Attachment A of 

this Fact Sheet. 

d. Wastewater Treatment: The wastewater currently receives primary treatment from a 

13,000-gallon septic tank and secondary treatment from a 16,000 square foot sand filter 

bed with chlorine disinfection. The treated wastewater is discharged into the receiving 

waterbody via a six-inch diameter outfall pipe shared with Washington County Technical 

Center. The outfall pipe has approximately two feet of water over the crown of the pipe at 

mean low water. 

3. CONDITIONS OF PERMITS 

Conditions of licenses, 38 M.R.S.A. § 414-A, requires that the effluent limitations prescribed for 

discharges, including, but not limited to, effluent toxicity, require application of best practicable 

treatment (BPT), be consistent with the U.S. Clean Water Act, and ensure that the receiving waters 

attain the State water quality standards as described in Maine's Surface Water Classification System. 

In addition, Certain deposits and discharges prohibited, 38 M.R,S.A. § 420 and Surface Waters 

Toxics Control Program, 06-096 CMR 530 (effective October 9, 2005) require the regulation of 

toxic substances not to exceed levels set forth in Surface Water Quality Criteria for Toxic Pollutants, 

06-096 CMR 584 (effective October 9, 2005), and that ensure safe levels for the discharge of toxic 

pollutants such that existing and designated uses of surface waters are maintained and protected. 

4. RECEIVING WATER QUALITY STANDARDS 

Classification of estuarine and marine waters, 38 M.R.S.A. § 469(7)(B)(1) classifies the tidal waters 

of the St. Croix River as Class SC waters. Standards for classification of estuarine and marine 

waters, 38 M.R.S.A. § 465-B(2) describes the standards for Class SC waters. 

5. RECEIVING WATER QUALITY CONDITIONS 

The State of Maine 2010 Integrated Water Quality Monitoring and Assessment Report, 

(Report) prepared by the Department pursuant to Sections 303(d) and 305(b) of the Federal 

Water Pollution Control Act, lists the St. Croix River as "Category 4-A: Estuarine and 

Marine Waters with Impaired Use, TMDL Completed." The Report states, "(A TMDL is 

complete, but there is insufficient new data to determine if attainment has been achieved. 

Note: Bacteria may impair either recreational uses (swimming) or shellfish consumption 

uses, or both. Shell fish consumption impairments only apply to waters naturally capable of 

supporting the shellfish-harvesting use (i.e., waters of high enough salinity for propagation 

of shellfish.) On September 28, 2009, the USEPA approved the Department's Maine 

Statewide Bacteria TMDL (Total Maximum Daily Loads), dated August 2009, for fresh, 

marine and estuarine waters impaired by bacteria. 
#ME0102765 FACT SHEET PAGE 4 OF 10 

#W002375-5D-D-R 

5. RECEIVING WATER QUALITY CONDITIONS (cont'd) 

The 2010 Report states, "All estuarine and marine waters capable of supporting American 

lobster are listed in Category 5-D, partially supporting fishing (`shellfish' consumption) due 

to elevated levels of PCBs and other persistent, bioaccumulating substances in lobster 

tomalley." The Department has no information that the discharge from the CSD, as 

permitted, causes or contributes to this non-attainment status. 

6. EFFLUENT LIMITATIONS & MONITORING REQUIREMENTS 

a. Flow: The previous permitting action established, and this permitting action is 

carrying forward, a daily maximum discharge flow limit of 13,000 gallons per day 

(GPD) based on the Maine Subsurface Waste Water Disposal Rules, 10-144 CMR 

241 guidelines for the number of treatment system users. 

The following table summarizes effluent data reported on Discharge Monitoring Reports 

(DMRs) for the period of January 2008 through December 2011. 

Flow MRs=48 

Value Limit (gpd) Range (gpd) Mean (gpd) 

Monthly Average 13,000 2,500 — 5,000 4,446 

b. Dilution Factors: 06-096 CMR Chapter 530(4)(A)(2)(a) states that, "For discharges 

to the ocean, dilution must be calculated as near-field or initial dilution, or that 

dilution available as the effluent plume rises from the point of discharge to its 

trapping level, at mean low water level and slack tide for the acute exposure analysis, 

and at mean tide for the chronic exposure analysis using appropriate models 

determined by the Department such as MERGE, CORMLY or another predictive 

model." 

Based on the configuration of the outfall structure and a discharge flow limit of 

13,000 GPD, dilution factors associated with the discharge are as follows: 

Acute: 127.9:1 Chronic: 38,000:1 Harmonic Mean: 114,000:1 

c. Biochemical Oxygen Demand (BODO and Total Suspended Solids (TSS): The previous 

permitting action established, and this permitting action is carrying forward, monthly 

average and weekly average technology-based concentration limits of 30 mg/L and 

45 mg/L, respectively, for BOD5and TSS based on the secondary treatment requirements 

specified at Effluent Guidelines and Standards, 06-096 CMR 525(3)(111) (effective 

January 12, 2001), and a daily maximum concentration limit of 50 mg/L, which is based 

on a Department best professional judgment of best practicable treatment for secondary. 

treated wastewater. The technology-based monthly average, weekly average and daily 

maximum mass limits of 3.3 lbs./day, 4.9 lbs./day and 5.4 lbs./day, respectively, 

established in the previous permitting action for BOD5and TSS are based on the 

discharge flow limit of 13,000 GPD and the applicable concentration limits are also being 

carried forward in this permitting action. 
04E0102765 FACT SHEET PAGE 5 OF 10 

#W002375-5D-D-R 

6. EFFLUENT LIMITATIONS & MONITORING REQUIREMENTS (cont'd) 

A summary of the effluent BOD5and TSS data as reported on the DMRs submitted to the 

Department for the period January 2008 through December 2011 follows. It is noted that 

the monthly average, weekly average and daily maximum effluent values are equivalent 

due to the frequency of monitoring conducted by the permittee (not more frequent than 

once per month). 

BOD5(DMRs=48 

BOD5 Minimum Maximum Arithmetic 

Mean 

Monthly Average 

Weekly Average 

Daily Maximum 

0.00 lbs./day 0.21 lbs./day 0.038 lbs./day 

2 mg/L 5 mg/L 2 mg/L 

TSS (DMRs=48 

TSS Minimum Maximum Arithmetic 

Mean 

Monthly Average 

Weekly Average 

Daily Maximum 

0.00 lbs./day 0.42 lbs./day 0.14 lbs./day 

2 mg/L 10 mg/L 3.7 mg/L 

In consideration of compliance history with BOD5and TSS, this permitting action is 

carrying forward the minimum monitoring frequency requirement of once per month. 

This permitting action is also carrying forward a requirement for a minimum of 85% 

removal of BOD5and TSS pursuant to 06-096 CMR 525(3)(III)(a)(3) and (b)(3). The 

Calais High School wastewater treatment system does not contain an influent sampling 

location that is representative of raw wastewater conditions. According to the 

USEPA's Onsite Wastewater Treatment Systems Manual, dated February 2002, table 

3-7 entitled "Constituent Mass Loadings and Concentrations in Typical Residential 

Wastewater" high end range of values, influent values for BOD5and TSS may be 

assumed to be 286 mg/L. Therefore, this permitting action authorizes CSD to assume 

an influent BOD5and TSS concentration value of 286 mg/L for purposes of calculating 

the monthly percent removal value until such time that the infrastructure is modified or 

replaced such that collection of a representative raw influent sample is practical. 

BOD % Removal (DMRs=48 

Value Limit (%) Range (%) Average (%) 

Monthly Average 85 98 — 99 99 

TSS % Removal (DMRs=48 

Value Limit (%) Range (%) Average (%) 

Monthly Average 85 96 - 99 98 
04E0102765 FACT SHEET PAGE 6 OF 10 

#W002375-5D-D-R 

6. EFFLUENT LIMITATIONS & MONITORING REQUIREMENTS (cont'd) 

d. Settleable Solids: The previous permitting action established, and this permitting 

action is carrying forward, a daily maximum concentration limit of 0.3 ml/L, which is 

considered by the Department as best professional judgment of best practicable 

treatment. 

A summary of the effluent settleable solids data as reported on the DMRs submitted to 

the Department for the period January 2008 through December 2011 (#DMRs --- 48) 

indicates that the facility has been in compliance with the 0.3 m1/1_, limit during each 

sampling event. 

In consideration of compliance history with settleable solids, this permitting action is 

revising the minimum monitoring frequency requirement of once per week during the 

school season of September 1 through June 30 to once per month, and is carrying 

forward the frequency of once per month during the off season of July 1 through 

August 30 of each year. 

e. Fecal Coliform Bacteria: The previous permitting action established, and this 

permitting action is carrying forward, a daily maximum limit of 50 colonies/100 ml 

and a monthly average limit of 15 colonies/100 ml (geometric mean) for fecal 

coliform bacteria, which are consistent with the National Shellfish Sanitation 

Program. 

The bacteria limits established in this permitting action are seasonal and apply 

between May 15 and September 30, inclusive, of each year. However, the 

Department reserves the right to require year-round disinfection to protect the health, 

safety and welfare of the public. 

A review of the monthly Discharge Monitoring Report (DMR) data for the period 

September 2008 — September 2011 (applicable months only) indicates fecal coliform 

bacteria have been reported as follows: 

Fecal coliform bac eria 

Value Limit 

(co1/100 mL) 

Range 

(co1/100 mL) 

Mean 

(col/100 mL) 

#DMRs 

Monthly Average 

Daily Maximum 

15 

50 <1 — 2 1.05 20 

In consideration of compliance history with fecal coliform bacteria, this permitting 

action is carrying forward the minimum monitoring frequency requirements of once 

per month during the period of May 15 through September 30 of each year. 
A1E0102765 FACT SHEET PAGE 7 OF 10 

#\V002375-5D-D-R 

6. EFFLUENT LIMITATIONS & MONITORING REQUIREMENTS (cont'd) 

f. Total Residual. Chlorine (TRC): The previous permitting action established a 

technology-based daily maximum concentration limit of 1.0 mg/L for TRC. 

Limitations on TRC are specified to ensure that ambient water quality standards are 

maintained and that BPT technology is being applied to the discharge. Department 

permitting actions impose the more stringent of either a water quality-based or BPTbased limit. With dilution factors as determined above, end-of-pipe (EOP) water 

quality-based concentration thresholds for TRC may be calculated as follows: 

Calculated 

Acute (A) Chronic (C) A & C Acute Chronic 

Criterion Criterion Dilution Factors Threshold Threshold 

0.013 mg/L 0.0075 mg/L 127.9:1 (A) 1.7 mg/L 285.0 mg/L 

38,000:1 (C) 

The Department has established a daily maximum BPT limitation of 1.0 mg/L for 

facilities that disinfect their effluent with elemental chlorine or chlorine-based 

compounds. The technology-based daily maximum concentration limit of 1.0 mg/L is 

more stringent than either the calculated acute or chronic water quality-based thresholds 

and is therefore being carried forward in this permitting action. 

A summary of the effluent TRC data for the period January 2008 through December 2011 

(applicable disinfection period only) follows. 

Total residual chlorine IDMRs=21 

Value Limit (mg/L) Range (mg/L) Mean (mg/L) 

Daily Maximum 1.0 0.12 — 1.21 0.7 

It is noted that the effluent value of 1.21 mg/L for July 2009 is the only exceedence 

of the numeric limit for TRC. 

In consideration of compliance history with TRC, this permitting action is revising 

the minimum monitoring frequency requirement of once per week during the school 

season of September 1 through June 30 to once per month, and is carrying forward 

the frequency of once per month during the off season of July 1 through August 30 of 

each year. 

It is noted that fecal coliform bacteria limits are seasonal; however, TRC monitoring 

is required any time chlorine-based compounds are in use for effluent disinfection. 

For instances when the chlorine-based compounds have not been utilized for effluent 

disinfection for an entire reporting period, the permittee shall report "NODI-9" for 

this parameter on the monthly discharge monitoring report (DMR). 
#ME0102765 FACT SHEET PAGE 8 OF 10 

#W002375-5D-D-R 

6. EFFLUENT LIMITATIONS & MONITORING REQUIREMENTS (cont'd) 

g. pH: The previous permitting action established, and this permitting action is carrying 

forward, a pH range limit of 6.0 — 9.0 standard units (SU), based on the secondary 

treatment requirements prescribed at 06-096 CMR 525(3)(111)(c). 

H (DMRs=48 

Value Limit (su) Range (su) Mean (su) 

Minimum 6.0 5.9 — 6.3 n/a 

Maximum 9.0 6.0 — 6.9 n/a 

In consideration of compliance history with pH, this permitting action is revising the 

minimum monitoring frequency requirement of once per week during the school 

season of September 1 through June 30 to once per month, and is carrying forward 

the frequency of once per month during the off season of July 1 through August 30 of 

each year. 

h. Whole Effluent Toxicity (WET) & Chemical-Specific Testing — Conditions of licenses, 

38 M.R.S.A. § 414-A and Certain deposits and discharges prohibited, 38 M.R.S.A. § 

420, prohibit the discharge of effluents containing substances in amounts that would 

cause the surface waters of the State to contain toxic substances above levels set forth in 

Federal Water Quality Criteria as established by the USEPA. Surface Water Toxics 

Control Program, 06-096 CMR 530 (effective October 9, 2005), and Surface Water 

Quality Criteria for Toxic Pollutants, 06-096 CMR 584 (effective October 9, 2005) set 

forth ambient water quality criteria (AWQC) for toxic pollutants and procedures 

necessary to control levels of toxic pollutants in surface waters. 

06-096 CIvfR 530(2)(A) specifies the dischargers subject to the rule as: 

All licensed dischargers of industrial process wastewater or 

domestic wastes discharging to surface waters of the State must 

meet the testing requirements of this section. Dischargers of 

other types of wastewater are subject to this subsection when 

and if the Department determines that toxicity of effluents may 

have reasonable potential to cause or contribute to exceedences 

of narrative or numerical water quality criteria. 

The rule further states: 

The following dischargers are exempt from testing requirements of 

this rule unless the Department determines that there is a need for 

testing based on the nature, location or circumstances of an 

individual discharge. 
#ME0102765 FACT SHEET PAGE 9 OF 10 

#W002375-5D-D-R 

6. EFFLUENT LIMITATIONS & MONITORING REQUIREMENTS (cont'd) 

(1) Discharges from individual discharge points licensed to 

discharge less than 50,000 gallons per day of solely domestic 

wastewater and with a chronic dilution factor of at least 50 to 

1, provided no holding tank wastes containing chemicals are 

accepted by the facility; 

(2) Discharges from residential overboard discharge systems; or 

(3) Discharges from combined sewer overflow discharge points, 

provided the owner of the sewerage system is conducting or 

participating in a discharge abatement program. See Chapter 

570, Combined Sewer Overflow Abatement. 

The CSD is permitted to discharge 13,000 GPD of solely domestic wastewater and has a 

chronic dilution factor of 38,000:1. Therefore, the facility qualifies for an exemption 

from toxics testing and this permitting action is not establishing toxics testing 

requirements. 

06-096 CMR 530(2)(D)(4) states: 

All dischargers having waived or reduced testing must file 

statements with the Department on or before December 31 of 

each year describing the following. 

(a) Changes in the number or types of non-domestic wastes 

contributed directly or indirectly to the wastewater treatment 

works that may increase the toxicity of the discharge; 

(b) Changes in the operation of the treatment works that may 

increase the toxicity of the discharge; and 

(c) Changes in industrial manufacturing processes contributing 

wastewater to the treatment works that may increase the 

toxicity of the discharge. 

Special Condition H of the permit establishes, 06-096 CMR 530(2)(D)(4) Statement for 

Reduced /Waived Toxics Testing, pursuant to 06-096 CMR 530(2)(D)(4). The annual 

certification statement requirement is being carried forward in this permitting action. 

This permit provides for reconsideration of testing requirements, including the imposition 

of certain testing, in consideration of the nature of the wastewater discharged, existing 

wastewater treatment, receiving water characteristics, and results of testing. 
#ME0102765 FACT SHEET PAGE 10 OF 10 

#W002375-5D-D-R 

7. DISCHARGE IMPACT ON RECEIVING WATER QUALITY 

As permitted, the Department has determined the existing water uses will be maintained and 

protected and that the discharge will not cause or contribute to the failure of the Saint Croix 

River to meet standards for Class SC classification. 

8. PUBLIC COMMENTS 

Public notice of this application was made in the Calais Advertiser newspaper on or about 

January 16, 2012. The Department receives public comments on an application until the date 

a final agency action is taken on the application. Those persons receiving copies of draft 

permits shall have at least 30 days in which to submit comments on the draft or to request a 

public hearing, pursuant to Application Processing Procedures for Waste Discharge 

Licenses, 06-096 CMR 522 (effective January 12, 2001). 

9. DEPARTMENT CONTACTS 

Additional information concerning this permitting action may be obtained from, and written 

comments sent to: 

Bill Hinkel 

Division of Water Quality Management 

Bureau of Land & Water Quality 

Department of Environmental Protection 

17 State House Station 

Augusta, Maine 04333-0017 

e-mail: bill.hinkel@maine.govTelephone: (207) 485-2281 

10. RESPONSE TO COMMENTS 

During the period of May 4, 2012, through the issuance date of this permit, the Department 

solicited comments on the proposed draft Maine Pollutant Discharge Elimination System 

Permit to be issued to the Calais School Department for the proposed discharge. The 

Department did not receive significant comments on the draft permit; therefore, a Response 

to Comments was not prepared. 
ATTACHMENT A 
DEPLWI083 -2009 

CHAPTER 530.2(D)(4) CERTIFICATION 

MEPDESti Facility Name 

Since the effective date of your permit 

have there been: 

NO YES 

(Describe in

Comments) 

1. changes in the number or types of nondomestic wastes contributed directly or indirectly 

to the wastewater treatment works that may 

increase the toxicity of the discharge? 

2. changes in the operation of the treatment 

works that may increase the toxicity of the 

discharge? 

3. changes in industrial manufacturing processes 

contributing wastewater to the treatment works 

that may increase the toxicity of the discharge? 

COMMENTS: 

Name(print) 

Signature Date 

This document must be signed by the permittee or their legal representative. 

This form may be used to rifest the requirements of Chap 530.2(D)(4). This Chapter requires all 

dischargers having waived or reduced Toxic testing to file a statement with the Department 

describing changes to the waste being contributed to their system as outlined above. As an 

alternative the discharger may submit a signed letter containing the same information. 
ATTACHMENT B 
2,300 4,600 9,200 

Feet 

Map created by Maine DEP Calais, Maine May 2012 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

CONTENTS 

SECTION 

A 

TOPIC 

GENERAL PROVISIONS 

PAGE 

1 General compliance 2 

2 Other materials 2 

3 Duty to Comply 2 

4 Duty to provide information 2 

5 Permit actions 2 

6 Reopener clause 2 

7 Oil and hazardous substances 2 

8 Property rights 3 

9 Confidentiality 3 

10 Duty to reapply 3 

11 Other laws 3 

12 Inspection and entry 3 

B OPERATION AND MAINTENANCE OF FACILITIES 

1 General facility requirements 3 

2 Proper operation and maintenance 4 

3 Need to halt reduce not a defense 4 

4 Duty to mitigate 4 

5 Bypasses 4 

6 Upsets 5 

C MONITORING AND RECORDS 

1 General requirements 6 

2 Representative sampling 6 

3 Monitoring and records 6 

D REPORTING REQUIREMENTS 

I Reporting requirements 7 

2 Signatory requirement 8 

3 Availability of reports 8 

4 Existing manufacturing, commercial, mining, and silvicultural dischargers 8 

5 Publicly owned treatment works 9 

E OTHER PROVISIONS 

I Emergency action - power failure 9 

2 Spill prevention 10 

3 Removed substances 10 

4 Connection to municipal sewer 10 

F DEFINTIONS 10 

Revised July 1, 2002 Page 1 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

A. GENERAL PROVISIONS 

1. General compliance. All discharges shall be consistent with the terms and conditions of this permit; 

any changes in production capacity or process modifications which result in changes in the quantity or the 

characteristics of the discharge must be authorized by an additional license or by modifications of this 

permit; it shall be a violation of the terms and conditions of this permit to discharge any pollutant not 

identified and authorized herein or to discharge in excess of the rates or quantities authorized herein or to 

violate any other conditions of this permit. ✓ 

2. Other materials. Other materials ordinarily produced or used in the operation of this facility, which 

have been specifically identified in the application, may be discharged at the maximum frequency and 

maximum level identified in the application, provided; 

(a) They are not 

(i) Designated as toxic or hazardous under the provisions of Sections 307 and 311, 

respectively, of the Federal Water Pollution Control Act; Title 38, Section 420, Maine 

Revised Statutes; or other applicable State Law; or 

(ii) Known to be hazardous or toxic by the licensee. 

(b) The discharge of such materials will not violate applicable water quality standards. 

3. Duty to comply. The permittee must comply with all conditions of this permit. Any permit 

noncompliance constitutes a violation of State law and the Clean Water Act and is grounds for 

enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a 

permit renewal application. 

(a) The permittee shall comply with effluent standards or prohibitions established under section 

307(a) of the Clean Water Act, and 38 MRSA, §420 or Chapter 530.5 for toxic pollutants 

within the time provided in the regulations that establish these standards or prohibitions, even 

if the permit has not yet been modified to incorporate the requirement. 

(b) Any person who violates any provision of the laws administered by the Department, 

including without limitation, a violation of the terms of any order, rule license, permit, 

approval or decision of the Board or Commissioner is subject to the penalties set forth in 38 

MRSA, §349. 

4. Duty to provide information. The permittee shall furnish to the Department, within a reasonable 

time, any information which the Department may request to determine whether cause exists for 

modifying, revoking and reissuing, or terminating this permit or to determine compliance with this 

permit. The permittee shall also furnish to the Department upon request, copies of records required to be 

kept by this permit. 

5. Permit actions. This permit may be modified, revoked and reissued, or terminated for cause. The 

filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or 

a notification of planned changes or anticipated noncompliance does not stay any permit condition. 

6. Reopener clause. The Department reserves the right to make appropriate revisions to this permit in 

order to establish any appropriate effluent limitations, schedule of compliance or other provisions which 

may be authorized under 38 MRSA, §414-A(5). 

Revised July 1, 2002 Page 2 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

7. Oil and hazardous substances. Nothing in this permit shall be construed to preclude the institution 

of any legal action or relieve the permittee from any responsibilities, liabilities or penalties to which the 

permittee is or may be subject under section 311 of the Federal Clean Water Act; section 106 of the 

Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980; or 38 MRSA 

§§ 1301, et. seq. 

8. Property rights. This permit does not convey any property rights of any sort, or any exclusive 

privilege. 

9. Confidentiality of records. 38 MRSA §414(6) reads as follows. "Any records, reports or information 

obtained under this subchapter is available to the public, except that upon a showing satisfactory to the 

department by any person that any records, reports or information, or particular part or any record, report or 

information, other than the names and addresses of applicants, license applications, licenses, and effluent 

data, to which the department has access under this subchapter would, if made public, divulge methods or 

processes that are entitled to protection as trade secrets, these records, reports or information must be 

confidential and not available for public inspection or examination. Any records, reports or information may 

be disclosed to employees or authorized representatives of the State or the United States concerned with 

carrying out this subchapter or any applicable federal law, and to any party to a hearing held under this 

section on terms the commissioner may prescribe in order to protect these confidential records, reports and 

information, as long as this disclosure is material and relevant to any issue under consideration by the 

department." 

10. Duty to reapply. If the permittee wishes to continue an activity regulated by this permit after the 

expiration date of this permit, the permittee must apply for and obtain a new permit. 

11. Other laws. The issuance of this permit does not authorize any injury to persons or property or 

invasion of other property rights, nor does it relieve the permittee if its obligation to comply with other 

applicable Federal, State or local laws and regulations. 

12. Inspection and entry. The permittee shall allow the Department, or an authorized representative 

(including an authorized contractor acting as a representative of the EPA Administrator), upon 

presentation of credentials and other documents as may be required by law, to: 

(a) Enter upon the permittee's premises where a regulated facility or activity is located or 

conducted, or where records must be kept under the conditions of this permit; 

(b) Have access to and copy, at reasonable times, any records that must be kept under the 

conditions of this permit; 

(c) Inspect at reasonable times any facilities, equipment (including monitoring and control 

equipment), practices, or operations regulated or required under this permit; and 

(d) Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as 

otherwise authorized by the Clean Water Act, any substances or parameters at any location. 

B. OPERATION AND MAINTENACE OF FACILITIES 

1. General facility requirements. 

(a) The permittee shall collect all waste flows designated by the Department as requiring 

treatment and discharge them into an approved waste treatment facility in such a manner as to 

Revised July 1, 2002 Page 3 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

maximize removal of pollutants unless authorization to the contrary is obtained from the 

Department. 

(b) The permittee shall at all times maintain in good working order and operate at maximum 

efficiency all waste water collection, treatment and/or control facilities. 

(c) All necessary waste treatment facilities will be installed and operational prior to the discharge 

of any wastewaters. 

(d) Final plans and specifications must be submitted to the Department for review prior to the 

construction or modification of any treatment facilities. 

(e) The permittee shall install flow measuring facilities of a design approved by the Department. 

(f) The permittee must provide an outfall of a design approved by the Department which is 

placed in the receiving waters in such a manner that the maximum mixing and dispersion of 

the wastewaters will be achieved as rapidly as possible. 

2. Proper operation and maintenance. The permittee shall at all times properly operate and maintain all 

facilities and systems of treatment and control (and related appurtenances) which are installed or used by 

the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance 

also includes adequate laboratory controls and appropriate quality assurance procedures. This provision 

requires the operation of back-up or auxiliary facilities or similar systems which are installed by a 

permittee only when the operation is necessary to achieve compliance with the conditions of the permit. 

3. Need to halt or reduce activity not a defense. It shall not be a defense for a permittee in an 

enforcement action that it would have been necessary to halt or reduce the permitted activity in order to 

maintain compliance with the conditions of this permit. 

4. Duty to mitigate. The permittee shall take all reasonable steps to minimize or prevent any discharge 

or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely 

affecting human health or the environment. 

5. Bypasses. 

(a) Definitions. 

(i) Bypass means the intentional diversion of waste streams from any portion of a treatment 

facility. 

(ii) Severe property damage means substantial physical damage to property, damage to the 

treatment facilities which causes them to become inoperable, or substantial and 

permanent loss of natural resources which can reasonably be expected to occur in the 

absence of a bypass. Severe property damage does not mean economic loss caused by 

delays in production. 

(b) Bypass not exceeding limitations. The permittee may allow any bypass to occur which does 

not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to 

assure efficient operation. These bypasses are not subject to the provisions of paragraphs (c) 

and (d) of this section. 

(c) Notice. 

(i) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall 

submit prior notice, if possible at least ten days before the date of the bypass. 

Revised July 1, 2002 Page 4 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

(ii) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as 

required in paragraph D(1)(f), below. (24-hour notice). 

(d) Prohibition of bypass. 

(i) Bypass is prohibited, and the Department may take enforcement action against a 

permittee for bypass, unless: 

(A) Bypass was unavoidable to prevent loss of life, personal injury, or severe property 

damage; 

(B) There were no feasible alternatives to the bypass, such as the use of auxiliary 

treatment facilities, retention of untreated wastes, or maintenance during normal 

periods of equipment downtime. This condition is not satisfied if adequate back-up 

equipment should have been installed in the exercise of reasonable engineering 

judgment to prevent a bypass which occurred during normal periods of equipment 

downtime or preventive maintenance; and 

(C) The permittee submitted notices as required under paragraph (c) of this section. 

(ii) The Department may approve an anticipated bypass, after considering its adverse effects, 

if the Department determines that it will meet the three conditions listed above in 

paragraph (d)(i) of this section. 

6. Upsets. 

(a) Definition. Upset means an exceptional incident in which there is unintentional and 

temporary noncompliance with technology based permit effluent limitations because of 

factors beyond the reasonable control of the permittee. An upset does not include 

noncompliance to the extent caused by operational error, improperly designed treatment 

facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or 

improper operation. 

(b) Effect of an upset. An upset constitutes an affirmative defense to an action brought for 

noncompliance with such technology based permit effluent limitations if the requirements of 

paragraph (c) of this section are met. No determination made during administrative review of 

claims that noncompliance was caused by upset, and before an action for noncompliance, is 

final administrative action subject to judicial review. 

(c) Conditions necessary for a demonstration of upset. A permittee who wishes to establish the 

affirmative defense of upset shall demonstrate, through properly signed, contemporaneous 

operating logs, or other relevant evidence that: 

(i) An upset occurred and that the permittee can identify the cause(s) of the upset; 

(ii) The permitted facility was at the time being properly operated; and 

(iii) The permittee submitted notice of the upset as required in paragraph D(1)(f) , below. (24 

hour notice). 

(iv) The perinittee complied with any remedial measures required under paragraph B(4). 

(d) Burden of proof. In any enforcement proceeding the permittee seeking to establish the 

occurrence of an upset has the burden of proof. 

Revised July 1, 2002 Page 5 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

C. MONITORING AND RECORDS 

1. General Requirements. This permit shall be subject to such monitoring requirements as may be 

reasonably required by the Department including the installation, use and maintenance of monitoring 

equipment or methods (including, where appropriate, biological monitoring methods). The permittee 

shall provide the Department with periodic reports on the proper Department reporting form of 

monitoring results obtained pursuant to the monitoring requirements contained herein. 

2. Representative sampling. Samples and measurements taken as required herein shall be representative 

of the volume and nature of the monitored discharge. If effluent limitations are based wholly or partially 

on quantities of a product processed, the permittee shall ensure samples are representative of times when 

production is taking place. Where discharge monitoring is required when production is less than 50%, the 

resulting data shall be reported as a daily measurement but not included in computation of averages, 

unless specifically authorized by the Department. 

3. Monitoring and records. 

(a) Samples and measurements taken for the purpose of monitoring shall be representative of the 

monitored activity. 

(b) Except for records of monitoring information required by this permit related to the permittee's 

sewage sludge use and disposal activities, which shall be retained for a period of at least five 

years, the permittee shall retain records of all monitoring information, including all 

calibration and maintenance records and all original strip chart recordings for continuous 

monitoring instrumentation, copies of all reports required by this permit, and records of all 

data used to complete the application for this permit, for a period of at least 3 years from the 

date of the sample, measurement, report or application. This period may be extended by 

request of the Department at any time. 

(c) Records of monitoring information shall include: 

(i) The date, exact place, and time of sampling or measurements; 

(ii) The individual(s) who performed the sampling or measurements; 

(iii)The date(s) analyses were performed; 

(iv) The individual(s) who performed the analyses; 

(v) The analytical techniques or methods used; and 

(vi) The results of such analyses. 

(d) Monitoring results must be conducted according to test procedures approved under 40 CFR 

part 136, unless other test procedures have been specified in the permit. 

(e) State law provides that any person who tampers with or renders inaccurate any monitoring 

devices or method required by any provision of law, or any order, rule license, permit 

approval or decision is subject to the penalties set forth in 38 MRSA, §349. 

Revised July 1, 2002 Page 6 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

D. REPORTING REQUIREMENTS 

1. Reporting requirements. 

(a) Planned changes. The permittee shall give notice to the Department as soon as possible of 

any planned physical alterations or additions to the permitted facility. Notice is required only 

when: 

(i) The alteration or addition to a permitted facility may meet one of the criteria for 

determining whether a facility is a new source in 40 CFR 122.29(b); or 

(ii) The alteration or addition could significantly change the nature or increase the quantity of 

pollutants discharged. This notification applies to pollutants which are subject neither to 

effluent limitations in the permit, nor to notification requirements under Section D(4). 

(iii) The alteration or addition results in a significant change in the permittee's sludge use or 

disposal practices, and such alteration, addition, or change may justify the application of 

permit conditions that are different from or absent in the existing permit, including 

notification of additional use or disposal sites not reported during the permit application 

process or not reported pursuant to an approved land application plan; 

(b) Anticipated noncompliance. The permittee shall give advance notice to the Department of 

any planned changes in the permitted facility or activity which may result in noncompliance 

with permit requirements. 

(c) Transfers. This permit is not transferable to any person except upon application to and 

approval of the Department pursuant to 38 MRSA, § 344 and Chapters 2 and 522. 

(d) Monitoring reports. Monitoring results shall be reported at the intervals specified elsewhere 

in this permit. 

(i) Monitoring results must be reported on a Discharge Monitoring Report (DMR) or forms 

provided or specified by the Department for reporting results of monitoring of sludge use 

or disposal practices, 

(ii) If the permittee monitors any pollutant more frequently than required by the permit using 

test procedures approved under 40 CFR part 136 or as specified in the permit, the results 

of this monitoring shall be included in the calculation and reporting of the data submitted 

in the DMR or sludge reporting form specified by the Department. 

(iii) Calculations for all limitations which require averaging of measurements shall utilize an 

arithmetic mean unless otherwise specified by the Department in the permit. 

(e) Compliance schedules. Reports of compliance or noncompliance with, or any progress 

reports on, interim and final requirements contained in any compliance schedule of this 

permit shall be submitted no later than 14 days following each schedule date. 

Twenty-four hour reporting. 

(i) The permittee shall report any noncompliance which may endanger health or the 

environment. Any information shall be provided orally within 24 hours from the time the 

permittee becomes aware of the circumstances. A written submission shall also be 

provided within 5 days of the time the permittee becomes aware of the circumstances. 

The written submission shall contain a description of the noncompliance and its cause; 

the period of noncompliance, including exact dates and times, and if the noncompliance 

Revised July 1, 2002 Page 7 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

has not been corrected, the anticipated time it is expected to continue; and steps taken or 

planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. 

(ii) The following shall be included as information which must be reported within 24 hours 

under this paragraph. 

(A) Any unanticipated bypass which exceeds any effluent limitation in the permit. 

(B) Any upset which exceeds any effluent limitation in the permit. 

(C) Violation of a maximum daily discharge limitation for any of the pollutants listed by 

the Department in the permit to be reported within 24 hours. 

(iii)The Department may waive the written report on a case-by-case basis for reports under 

paragraph (f)(ii) of this section if the oral report has been received within 24 hours. 

(g) Other noncompliance. The permittee shall report all instances of noncompliance not reported 

under paragraphs (d), (e), and (0 of this section, at the time monitoring reports are submitted. 

The reports shall contain the information listed in paragraph (0 of this section. 

(Ii) Other information. Where the permittee becomes aware that it failed to submit any relevant 

facts in a permit application, or submitted incorrect information in a permit application or in 

any report to the Department, it shall promptly submit such facts or information. 

2. Signatory requirement. All applications, reports, or information submitted to the Department shall 

be signed and certified as required by Chapter 521, Section 5 of the Department's rules. State law 

provides that any person who knowingly makes any false statement, representation or certification in any 

application, record, report, plan or other document filed or required to be maintained by any order, rule, 

permit, approval or decision of the Board or Commissioner is subject to the penalties set forth in 38 

MRSA, §349. 

3. Availability of reports. Except for data determined to be confidential under A(9), above, all reports 

prepared in accordance with the terms of this permit shall be available for public inspection at the offices 

of the Department. As required by State law, effluent data shall not be considered confidential. 

Knowingly making any false statement on any such report may result in the imposition of criminal 

sanctions as provided by law. 

4. Existing manufacturing, commercial, mining, and silvicultural dischargers. In addition to the 

reporting requirements under this Section, all existing manufacturing, commercial, mining, and 

silvicultural dischargers must notify the Department as soon as they know or have reason to believe: 

(a) That any activity has occurred or will occur which would result in the discharge, on a routine 

or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge 

will exceed the highest of the following "notification levels": 

(i) One hundred micrograms per liter (100 ug/1); 

(ii) Two hundred micrograms per liter (200 ug/l) for acrolein and acrylonitrile; five hundred 

micrograms per liter (500 ug/l) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; 

and one milligram per liter (1 mg/1) for antimony; 

(iii)Five (5) times the maximum concentration value reported for that pollutant in the permit 

application in accordance with Chapter 521 Section 4(g)(7); or 

(iv) The level established by the Department in accordance with Chapter 523 Section 5(f). 

Revised July 1, 2002 Page 8 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

(b) That any activity has occurred or will occur which would result in any discharge, on a nonroutine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that 

discharge will exceed the highest of the following "notification levels": 

(i) Five hundred micrograms per liter (500 tig/1); 

(ii) One milligram per liter (1 mg/1) for antimony; 

(iii)Ten (10) times the maximum concentration value reported for that pollutant in the permit 

application in accordance with Chapter 521 Section 4(g)(7); or 

(iv) The level established by the Department in accordance with Chapter 523 Section 5(f). 

5. Publicly owned treatment works. 

(a) All POTWs must provide adequate notice to the Department of the following: 

(i) Any new introduction of pollutants into the POTW from an indirect discharger which 

would be subject to section 301 or 306 of CWA or Chapter 528 if it were directly 

discharging those pollutants. 

(ii) Any substantial change in the volume or character of pollutants being introduced into that 

POTW by a source introducing pollutants into the POTW at the time of issuance of the 

permit. 

(iii) For purposes of this paragraph, adequate notice shall include information on (A) the 

quality and quantity of effluent introduced into the POTW, and (B) any anticipated 

impact of the change on the quantity or quality of effluent to be discharged from the 

POTW. 

(b) When the effluent discharged by a POTW for a period of three consecutive months exceeds 

80 percent of the permitted flow, the permittee shall submit to the Department a projection of 

loadings up to the time when the design capacity of the treatment facility will be reached, and 

a program for maintaining satisfactory treatment levels consistent with approved water 

quality management plans. 

E. OTHER REQUIREMENTS 

1. Emergency action - power failure. Within thirty days after the effective date of this permit, the 

permittee shall notify the Department of facilities and plans to be used in the event the primary source of 

power to its wastewater pumping and treatment facilities fails as follows. 

(a) For municipal sources. During power failure, all wastewaters which are normally treated 

shall receive a minimum of primary treatment and disinfection. Unless otherwise approved, 

alternate power supplies shall be provided for pumping stations and treatment facilities. Alternate 

power supplies shall be on-site generating units or an outside power source which is separate and 

independent from sources used for normal operation of the wastewater facilities. 

(b) For industrial and commercial sources. The permittee shall either maintain an alternative 

power source sufficient to operate the wastewater pumping and treatment facilities or halt, reduce 

or otherwise control production and or all discharges upon reduction or loss of power to the 

wastewater pumping or treatment facilities, 

Revised July 1, 2002 Page 9 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

2. Spill prevention. (applicable only to industrial sources) Within six months of the effective date of 

this permit, the permittee shall submit to the Department for review and approval, with or without 

conditions, a spill prevention plan. The plan shall delineate methods and measures to be taken to prevent 

and or contain any spills of pulp, chemicals, oils or other contaminates and shall specify means of 

disposal and or treatment to be used. 

3. Removed substances. Solids, sludges trash rack cleanings, filter backwash, or other pollutants 

removed from or resulting from the treatment or control of waste waters shall be disposed of in a manner 

approved by the Department. 

4. Connection to municipal sewer. (applicable only to industrial and commercial sources) All 

wastewaters designated by the Department as treatable in a municipal treatment system will be cosigned 

to that system when it is available. This permit will expire 90 days after the municipal treatment facility 

becomes available, unless this time is extended by the Department in writing. 

F. DEFINITIONS. For the purposes of this permit, the following definitions shall apply. Other 

definitions applicable to this permit may be found in Chapters 520 through 529 of the Department's rules 

Average means the arithmetic mean of values taken at the frequency required for each parameter over the 

specified period. For bacteria, the average shall be the geometric mean. 

Average monthly discharge limitation means the highest allowable average of daily discharges over a 

calendar month, calculated as the sum of all daily discharges measured during a calendar month divided 

by the number of daily discharges measured during that month. Except, however, bacteriological tests 

may be calculated as a geometric mean. 

Average weekly discharge limitation means the highest allowable average of daily discharges over a 

calendar week, calculated as the sum of all daily discharges measured during a calendar week divided by 

the number of daily discharges measured during that week. 

Best management practices ("BMPs") means schedules of activities, prohibitions of practices, 

maintenance procedures, and other management practices to prevent or reduce the pollution of waters of 

the State. BMPs also include treatment requirements, operating procedures, and practices to control plant 

site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. 

Composite sample means a sample consisting of a minimum of eight grab samples collected at equal 

intervals during a 24 hour period (or a lesser period as specified in the section on monitoring and 

reporting) and combined proportional to the flow over that same time period, 

Continuous discharge means a discharge which occurs without interruption throughout the operating 

hours of the facility, except for infrequent shutdowns for maintenance, process changes, or other similar. 

activities. 

Daily discharge means the discharge of a pollutant measured during a calendar day or any 24-hour period 

that reasonably represents the calendar day for purposes of sampling. For pollutants with limitations 

expressed in units of mass, the daily discharge is calculated as the total mass of the pollutant discharged 

over the day. For pollutants with limitations expressed in other units of measurement, the daily discharge 

is calculated as the average measurement of the pollutant over the day. 

Revised July 1, 2002 Page 10 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

Discharge Monitoring Report ("DMR") means the EPA uniform national form, including any 

subsequent additions, revisions, or modifications for the reporting of self-monitoring results by 

permittees. DMRs must be used by approved States as well as by EPA. EPA will supply DMRs to any 

approved State upon request. The EPA national forms may be modified to substitute the State Agency 

name, address, logo, and other similar information, as appropriate, in place of EPA's. 

Flow weighted composite sample means a composite sample consisting of a mixture of aliquots 

collected at a constant time interval, where the volume of each aliquot is proportional to the flow rate of 

the discharge. 

Grab sample means an individual sample collected in a period of less than 15 minutes. 

Interference means a Discharge which, alone or in conjunction with a discharge or discharges from other 

sources, both: 

(1) Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, 

use or disposal; and 

(2) Therefore is a cause of a violation of any requirement of the POTW's NPDES permit 

(including an increase in the magnitude or duration of a violation) or of the prevention of 

sewage sludge use or disposal in compliance with the following statutory provisions and 

regulations or permits issued thereunder (or more stringent State or local regulations): Section 

405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including title II, more 

commonly referred to as the Resource Conservation and Recovery Act (RCRA), and 

including State regulations contained in any State sludge management plan prepared pursuant 

to subtitle D of the SWDA), the Clean Air Act, the Toxic Substances Control Act, and the 

Marine Protection, Research and Sanctuaries Act. 

Maximum daily discharge limitation means the highest allowable daily discharge. 

New source means any building, structure, facility, or installation from which there is or may be a 

discharge of pollutants, the construction of which commenced: 

(a) After promulgation of standards of performance under section 306 of CWA which are 

applicable to such source, or 

(b) After proposal of standards of performance in accordance with section 306 of CWA 

which are applicable to such source, but only if the standards are promulgated in accordance 

with section 306 within 120 days of their proposal. 

Pass through means a discharge which exits the POTW into waters of the State in quantities or 

concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a 

cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the 

magnitude or duration of a violation). 

Permit means an authorization, license, or equivalent control document issued by EPA or an approved 

State to implement the requirements of 40 CFR parts 122, 123 and 124. Permit includes an NPDES 

general permit (Chapter 529). Permit does not include any permit which has not yet been the subject of 

final agency action, such as a draft permit or a proposed permit. 

Person means an individual, firm, corporation, municipality, quasi-municipal corporation, state agency, 

federal agency or other legal entity. 

Revised July 1, 2002 Page 11 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

Point source means any discernible, confined and discrete conveyance, including, but not limited to, any 

pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal 

feeding operation or vessel or other floating craft, from which pollutants are or may be discharged. 

Pollutant means dredged spoil, solid waste, junk, incinerator residue, sewage, refuse, effluent, garbage, 

sewage sludge, munitions, chemicals, biological or radiological materials, oil, petroleum products or 

byproducts, heat, wrecked or discarded equipment, rock, sand, dirt and industrial, municipal, domestic, 

commercial or agricultural wastes of any kind. 

Process wastewater means any water which, during manufacturing or processing, comes into direct 

contact with or results from the production or use of any raw material, intermediate product, finished 

product, byproduct, or waste product. 

Publicly owned treatment works ("POTW") means any facility for the treatment of pollutants owned 

by the State or any political subdivision thereof, any municipality, district, quasi-municipal corporation or 

other public entity. 

Septage means, for the purposes of this permit, any waste, refuse, effluent sludge or other material 

removed from a septic tank, cesspool, vault privy or similar source which concentrates wastes or to which 

chemicals have been added. Septage does not include wastes from a holding tank. 

Time weighted composite means a composite sample consisting of a mixture of equal volume aliquots 

collected over a constant time interval. 

Toxic pollutant includes any pollutant listed as toxic under section 307(a)(1) or, in the case of sludge use 

or disposal practices, any pollutant identified in regulations implementing section 405(d) of the CWA. 

Toxic pollutant also includes those substances or combination of substances, including disease causing 

agents, which after discharge or upon exposure, ingestion, inhalation or assimilation into any organism, 

including humans either directly through the environment or indirectly through ingestion through food 

chains, will, on the basis of information available to the board either alone or in combination with other 

substances already in the receiving waters or the discharge, cause death, disease, abnormalities, cancer, 

genetic mutations, physiological malfunctions, including malfunctions in reproduction, or physical 

deformations in such organism or their offspring. 

Wetlands means those areas that are inundated or saturated by surface or ground water at a frequency and 

duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation 

typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, 

and similar areas. 

Whole effluent toxicity means the aggregate toxic effect of an effluent measured directly by a toxicity 

test. 

Revised July 1, 2002 Page 12 
DEP INFORMATION SHEET 

Appealing a Department Licensing Decision 

Dated: March 2012 Contact: (207) 287-2811 

SUMMARY 

There are two methods available to an aggrieved person seeking to appeal a licensing decision made by the 

Department of Environmental Protection's ("DEP") Commissioner: (1) in an administrative process before the 

Board of Environmental Protection ("Board"); or (2) in a judicial process before Maine's Superior Court. An 

aggrieved person seeking review of a licensing decision over which the Board had original jurisdiction may 

seek judicial review in Maine's Superior Court. 

A judicial appeal of final action by the Commissioner or the Board regarding an application for an expedited 

wind energy development (35-A M.R.S.A. § 3451(4)) or a general permit for an offshore wind energy 

demonstration project (38 M.R.S.A. § 480-11H(1) or a general permit for a tidal energy demonstration project 

(38 M.R.S.A. § 636-A) must be taken to the Supreme Judicial Court sitting as the Law Court. 

This INFORMATION SHEET, in conjunction with a review of the statutory and regulatory provisions referred to 

herein, can help a person to understand his or her rights and obligations in filing an administrative or judicial 

appeal. 

I. ADMINISTRATIVE APPEALS TO THE BOARD 

LEGAL REFERENCES 

The laws concerning the DEP's Organization and Powers, 38 M.R.S.A. §§ 341-D(4) & 346, the Maine 

Administrative Procedure Act, 5 M.R.S.A. § 11001, and the DEP's Rules Concerning the Processing of 

Applications and Other Administrative Matters ("Chapter 2"), 06-096 CMR 2 (April 1, 2003). 

HOW LONG You HAVE TO SUBMIT AN APPEAL TO THE BOARD 

The Board must receive a written appeal within 30 days of the date on which the Commissioner's decision 

was filed with the Board. Appeals filed after 30 calendar days of the date on which the Commissioner's 

decision was filed with the Board will be rejected. 

HOW TO SUBMIT AN APPEAL TO THE BOARD 

Signed original appeal documents must be sent to: Chair, Board of Environmental Protection, c/o 

Department of Environmental Protection, 17 State House Station, Augusta, ME 04333-0017; faxes are 

acceptable for purposes of meeting the deadline when followed by the Board's receipt of mailed original 

documents within five (5) working days. Receipt on a particular day must be by 5:00 PM at DEP's offices 

in Augusta; materials received after 5:00 PM are not considered received until the following day. The 

person appealing a licensing decision must also send the DEP's Commissioner a copy of the appeal 

documents and if the person appealing is not the applicant in the license proceeding at issue the applicant 

must also be sent a copy of the appeal documents. All of the information listed in the next section must be 

submitted at the time the appeal is filed. Only the extraordinary circumstances described at the end of that 

section will justify evidence not in the DEP's record at the time of decision being added to the record for 

consideration by the Board as part of an appeal. 

WHAT YOUR APPEAL PAPERWORK MUST CONTAIN 

Appeal materials must contain the following information at the time submitted: 

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Appealing a Commissioner's Licensing Decision 

March 2012 

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1. Aggrieved Status. The appeal must explain how the person filing the appeal has standing to maintain 

an appeal. This requires an explanation of how the person filing the appeal may suffer a particularized 

injury as a result of the Commissioner's decision. 

2. The findings, conclusions or conditions objected to or believed to be in error. Specific references and 

facts regarding the appellant's issues with the decision must be provided in the notice of appeal. 

3. The basis of the objections or challenge. If possible, specific regulations, statutes or other facts should 

be referenced. This may include citing omissions of relevant requirements, and errors believed to have 

been made in interpretations, conclusions, and relevant requirements. 

4. The remedy sought. This can range from reversal of the Commissioner's decision on the license or 

permit to changes in specific permit conditions. 

5. All the matters to be contested. The Board will limit its consideration to those arguments specifically 

raised in the written notice of appeal. 

6. Request for hearing. The Board will hear presentations on appeals at its regularly scheduled meetings, 

unless a public hearing on the appeal is requested and granted. A request for public hearing on an 

appeal must be filed as part of the notice of appeal. 

7. New or additional evidence to be offered. The Board may allow new or additional evidence, referred to 

as supplemental evidence, to be considered by the Board in an appeal only when the evidence is 

relevant and material and that the person seeking to add information to the record can show due 

diligence in bringing the evidence to the DEP's attention at the earliest possible time in the licensing 

process or that the evidence itself is newly discovered and could not have been presented earlier in the 

process. Specific requirements for additional evidence are found in Chapter 2. 

OTHER CONSIDERATIONS IN APPEALING A DECISION TO THE BOARD 

1. Be familiar with all relevant material in the DEP record. A license application file is public 

information, subject to any applicable statutory exceptions, made easily accessible by DEP. Upon 

request, the DEP will make the material available during normal working hours, provide space to 

review the file, and provide opportunity for photocopying materials. There is a charge for copies or 

copying services. 

2. Be familiar with the regulations and laws under which the application was processed, and the 

procedural rules governing your appeal. DEP staff will provide this information on request and 

answer questions regarding applicable requirements. 

3. The filing of an appeal does not operate as a stay to any decision. If a license has been granted and it 

has been appealed the license normally remains in effect pending the processing of the appeal. A 

license holder may proceed with a project pending the outcome of an appeal but the license holder runs 

the risk of the decision being reversed or modified as a result of the appeal. 

WHAT TO EXPECT ONCE You FILE A TIMELY APPEAL WITH THE BOARD 

The Board will formally acknowledge receipt of an appeal, including the name of the DEP project manager 

assigned to the specific appeal. The notice of appeal, any materials accepted by the Board Chair as 

supplementary evidence, and any materials submitted in response to the appeal will be sent to Board 

members with a recommendation from DEP staff. Persons filing appeals and interested persons are notified 

in advance of the date set for Board consideration of an appeal or request for public hearing. With or 

without holding a public hearing, the Board may affirm, amend, or reverse a Commissioner decision or 

remand the matter to the Commissioner for further proceedings. The Board will notify the appellant, a 

license holder, and interested persons of its decision. 

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II. JUDICIAL APPEALS 

Maine law generally allows aggrieved persons to appeal final Commissioner or Board licensing decisions to 

Maine's Superior Court, see 38 M.R.S.A. § 346(1); 06-096 CMR 2; 5 M.R.S.A. § 11001; & M.R. Civ. P 

80C. A party's appeal must be filed with the Superior Court within 30 days of receipt of notice of the 

Board's or the Commissioner's decision. For any other person, an appeal must be filed within 40 days of 

the date the decision was rendered. Failure to file a timely appeal will result in the Board's or the 

Commissioner's decision becoming final. 

An appeal to court of a license decision regarding an expedited wind energy development, a general permit 

for an offshore wind energy demonstration project, or a general permit for a tidal energy demonstration 

project may only be taken directly to the Maine Supreme Judicial Court. See 38 M.R.S.A. § 346(4). 

Maine's Administrative Procedure Act, DEP statutes governing a particular matter, and the Maine Rules of 

Civil Procedure must be consulted for the substantive and procedural details applicable to judicial appeals. 

ADDITIONAL INFORMATION 

If you have questions or need additional information on the appeal process, for administrative appeals contact 

the Board's Executive Analyst at (207) 287-2452 or for judicial appeals contact the court clerk's office in • 

which your appeal will be filed. 

Note: The DEP provides this INFORMATION SHEET for general guidance only; it is not intended for use 

as a legal reference. Maine law governs an appellant's rights. 

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