STATE OF MAINE 

DEPARTMENT OF ENVIRONMENTAL PROTECTION 00514110.4,... 

44..fiT RO 

PATRICIA W. AHO 

COMMISSIONER 

PAUL R. LEPAGE 

GOVERNOR 

Ms. Desiree Thompson 

Washington County Community College 

RR #1, Box 22C 

Calais, ME 04619 

RE: Maine Pollutant Discharge Elimination System (MEPDES) Permit #ME0102831 

Maine Waste Discharge License (WDL) Application #W001339-5D-C-R 

Permit/License 

Washington County Community College 

Dear Ms. Thompson: 

March 4, 2014 

Enclosed please find a copy of your final MEPDES permit and Maine WDL renewal which was approved by the 

Department of Environmental Protection. Please read this permit/license renewal 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 call me at 446-1875. 

Sincerely, 

Rodney Robert 

Bureau of Land and Water Quality 

Division of Water Quality Management 

Enc. 

cc: 

William Johnson, DEP/CMRO 

Sandy Mojica, USEPA 

Lori Mitchell, DEP/CMRO 

AUGUSTA BANGOR PORTLAND PRESQUE ISLE 

17 STATE HOUSE STATION 106 HOGAN ROAD, SUITE 6 312 CANCO ROAD 1235 CENTRAL DRIVE, SKYWAY PARK 

AUGUSTA, MAINE 04333-0017 BANGOR, MAINE 04401 PORTLAND, MAINE 04103 PRESQUE ISLE, MAINE 04679 

(207) 287-7688 FAX: (207) 287-7826 (207) 941-4570 FAX: (207) 941-4584 (207) 822-6300 FAX: (207) 822-6303 (207) 764-0477 FAX: (207) 760-3143 

web site: www.maine.govidep 
STATE OF MAINE 

DEPARTMENT OF ENVIRONMENTAL PROTECTION 

17 STATE HOUSE STATION 

AUGUSTA, ME 04333 

DEPARTMENT ORDER 

IN THE MATTER OF 

WASHINGTON COUNTY TECH. COLLEGE 

CALAIS, WASHINGTON COUNTY, MAINE 

OVERBOARD DISCHARGE 

ME0102831 

W001339-5D-C-R APPROVAL 

MAINE POLLUTANT DISCHARGE 

ELIMINATION SYSTEM PERMIT 

AND 

WASTE DISCHARGE LICENSE 

RENEWAL 

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

seq. and Maine Law 38 M.R.S.A. Section 414-A, et seq., and applicable regulations, the Department of 

Environmental Protection ("Department" hereinafter) has considered the application of 

WASHINGTON COUNTY COMMUNITY COLLEGE (WCCCfpermittee hereinafter) with its 

supportive data, agency review comments, and other related materials on file and FINDS THE 

FOLLOWING FACTS: 

APPLICATION SUMMARY 

The permittee submitted a timely and complete application to the Department for the renewal of 

combination Maine Pollutant Discharge Elimination System (MEPDES) permit #ME0102831/Maine Waste 

Discharge License (WDL) #W001339-5D-B-R (permit hereinafter) which was issued by the 

Department on March 5, 2009 and expires on March 5, 2014. The permit authorized the year-round 

discharge of up to 10,500 gallons per day (GPD) of secondary treated sanitary wastewater to the St. Croix 

River, Class SB, in Calais, Maine. 

PERMIT SUMMARY 

This permitting action is carrying forward all the terms and conditions of the March 5, 2009 

permit. 
ME0102831 PERMIT Page 2 of 9 

W001339-5D-C-R 

CONCLUSIONS 

BASED on the findings in the Fact Sheet dated March 4, 2014, and subject to the Conditions listed below, 

the Department makes the following CONCLUSIONS: 

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) Where 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 discharges will be subject to effluent limitations that require application of best practicable 

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

5. The overboard discharge system was in continuing existence for the 12 months preceding June 1, 1987. 

6. A non-discharging sub-surface waste water disposal system could be installed in compliance with 

the Maine Subsurface Waste Water Disposal Rules at the time the renewal application was 

accepted for processing by the Department but the Department has not offered the permittee funds 

to remove the discharge from the receiving water. 

7. A publicly-owned sewer line is not located on or abutting land owned or controlled by the 

permittee or is not available for the permittee's use. 
ME0102831 PERMIT Page 3 of 9 

W001339-5D-C-R 

CONCLUSIONS (cont'd) 

8, The discharge is not located within the boundaries of a sanitary district or sewer district. 

ACTION 

THEREFORE, the Department APPROVES the above noted application of WASHINGTON 

COUNTY COMMUNITY COLLEGE, to discharge a monthly average flow of up to 10,500 gallons 

per day of secondary treated sanitary waste water to the ST. CROIX RIVER, Class SB, in Calais, 

Maine, SUBJECT TO THE ATTACHED CONDITIONS, and all applicable standards and regulations 

including: 

1. "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 after that 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 ofApplications and Other Administrative Matters, 06-096 CMR 2(21)(A) (effective 

April 1, 2003)]. 

DONE AND DATED AT AUGUSTA, MAINE, THIS 4" DAY OF rd , 2014, 

DEPARTMENT OF ENVIRONMENTAL PROTECTION 

BY: 

re2:5v. PAT IA W. AHO, Commissioner 

PLEASE NOTE ATTACHED SHEET FOR GUIDANCE ON APPEAL PROCEDURES 

Date of initial receipt of application: December 30, 2013 

Date of application acceptance: December 31, 2013 

This Order prepared by Rodney Robert, BUREAU OF LAND & WATER QUALITY 

Filed 

MAR 0 5 2014 

State of Maine 

Board of Environmental Protection 
MonitoringRequirements 

Monthly Weekly Daily Monthly WeeklyDaily Measurement Sample 

Average Average Maximum Average Average Maximum Frequency Type 

Flow 

f50050] 10,500 GPD 

[07] 

--- 

Report 

(GPD) 

[07] 

-- - --- 

Weekly 

[01/07] 

Calculate 

[CA] 

BODs 

1003101 

2.6 lbs/day 

[26] 

3.9 lbs/day 

[26] 

4.4 lbs/day 

[26] 

30 mg/L 

[19] 

45 mg/L 

[19] 

50 mg/L 

[19] 

1/2 Month 

[01/60] 

Grab 

[GR] 

181010] 

BOD5Percent Removal(2) 85% 

[3] 

TSS 

[00530] 

2.6 lbs/day 

[26] 

3.9 lbs/day 

[26] 

4.4 lbs/day 

[26] 

30 mg/L 

[19] 

45 mg/L 

[19] 

50 mg/L 

[19] 

1/2 Month 

[01/60] 

Grab 

[GR] 

1810111 

TSS Percent Removal(2) 85% 

[23] 

100545] 

Settleable Solids ___ ___ ___ ___ ___ mL/L 

[25] --- 

Grab 

[GR] 

Fecal Coliform 

Bacteria(3)[3/616/ 

(May 15 --September 30) 

--- --- --- 

15/100 mL(4) 

[13] --- 

50/100 mL 

[13] 

1 Month 

[01/30] 

Grab 

[GR] 

Total Residual Chlorine 

--- --- --- - -- 1.0 mg/L 

[19] 

3/Week 

[03/07] 

Grab 

[GR] /50060] 

100400] 

IDH - - --- _ --- 

6.0 — 9.0 SU 

[12] 

. --- 

Footnotes See Page 5 of this permit for applicable footnotes. 

Effluent Characteristic Discharge Limitations 
ME0102831 PERMIT Page 5 of 9 

W001339-5D-C-R 

SPECIAL CONDITIONS 

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

Footnotes 

1. Sampling — Sampling shall be conducted after the last treatment process such that 

samples are representative of what is actually being discharged to the receiving waters. 

Sampling shall be conducted in accordance with federally approved methods for 

sampling, handling and preservation. Samples shall be analyzed by a laboratory certified 

by the State of Maine's Department of Human Services and in accordance with methods 

approved in Title 40, Code of Federal Regulations (CFR) Part 136. Samples that are sent 

to a waste water treatment plant licensed pursuant to Waste Discharge Licenses, 38 

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

and Limited Environmental Laboratory Certification Rules, 10-144 CMR 263 (last 

amended February 13, 2000). 

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 BOD5and TSS for all flows receiving secondary treatment. If the 

permittee is required to calculate percent removals but does not have access to an 

influent sampling location, the permittee shall use an assumed influent value of 

286 mg/L and measured effluent concentration values. 

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

effect between May 15 and September 30 of each year. The Department reserves the 

right to require year-round disinfection on a year-round basis to protect the health, 

safety, and welfare of the public. 

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

geometric mean limitation and test results shall be reported as such. 
ME0102831 PERMIT Page 6 of 9 

W001339-5D-C-R 

SPECIAL CONDITIONS 

A. ANNUAL DISCHARGE FEES 

Pursuant to Maine law, 38 M.R.S.A. §353-B, the permittee is required to pay an applicable 

annual fee for discharges authorized by this permit. Failure to pay an annual fee within 30 

days of the billing date of a permit is sufficient grounds for accruing interest charges, 

penalties or revocation of the permit. 

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 discharges 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. TREATMENT PLANT OPERATOR 

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

Maine Grade I (or higher) Waste Water Operator Certificate or must be a Maine Registered 

Professional Engineer pursuant to Sewerage Treatment Operators, Title 32 M.R.S.A., 

Sections 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. 

D. 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 December 31, 2013; 2) the 

terms and conditions of this permit; and 3) only from Outfall #001. Discharges of waste 

water 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. 
ME0102831 PERMIT Page 7 of 9 

W001339-5D-C-R 

SPECIAL CONDITIONS 

E. NOTIFICATION REQUIREMENT 

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

following. 

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

introduced into the wastewater collection and treatment system by a source introducing 

pollutants into the system at the time of permit issuance. For the purposes of this section, 

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. 

F. SITE EVALUATION FOR TRANSFERRED AND RENEWED PERMITS 

Prior to permit transfer or transfer of the property occupying the permitted overboard 

discharge system, a site evaluation must be performed by a licensed site evaluator with 

experience in designing systems for the replacement of overboard discharge systems. 

The Department may not grant approval for a permit transfer if the site evaluation 

concludes that a non-discharging wastewater disposal system designed in compliance with 

the Maine Subsurface Waste Water Disposal Rules administered by the Maine Department of 

Health and Human Services, Division of Environmental Health can be installed as a 

replacement system for the overboard discharge, 

The Department may not grant approval for a permit renewal if the site evaluation 

concludes that a non-discharging wastewater disposal system can be installed as a 

replacement system for the overboard discharge and the Department has offered the 

permittee funding for the removal of the discharge. 
ME0102831 PERMIT Page 8 of 9 

W001339-5D-C-R 

G. 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 wastewater 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 an updated O&M Plan to their Department 

inspector for review and comment. 

H. SEPTIC TANKS 

1. Septic tanks and other treatment tanks shall be regularly inspected (at least once per 

calendar year) and maintained to ensure that they are providing best practicable 

treatment. The permittee shall maintain logs of inspections/maintenance that records the 

date, notes on observations, repairs conducted etc. The logs shall be maintained on site at 

all times and made available to Department personnel upon request. 

2. Tank contents should be removed whenever the sludge and scum occupies one-third of 

the tank's liquid capacity or whenever levels approach maximum design capacity. 

Following pumping, the tanks shall be checked for damage at key joints and the inlet and 

outlet baffles, and repaired promptly if damaged. The permittee shall keep a pumping log 

including the date of pumping, quantity of material removed, name and number of 

licensed contractor, pumping frequency and other relevant observations. 

I. REOPENING OF PERMIT FOR MODIFICATIONS 

Upon evaluation of the tests results or monitoring requirements specified in 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 pennittee, 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 or ambient water 

quality monitoring if results on file are inconclusive; or (3) change monitoring requirements or 

limitations based on new information. 
ME0102831 PERMIT Page 9 of 9 

W001339-5D-C-R 

J. MONITORING AND REPORTING 

Monitoring results obtained during the previous month shall 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 DMR's 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 shall be 

submitted to the Department's compliance inspector (unless otherwise specified) at the 

following address: 

Overboard Discharge Inspector 

Department of Environmental Protection 

Bureau of Land and Water Quality 

17 State House Station, Augusta, Maine 04333-0017 

Alternatively, if 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. 

K. SEVERABILITY 

In the event that any provision 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 

PROPOSED DRAFT FACT SHEET 

March 4, 2014 

MEPDES PERMIT: ME0102831 

WASTE DISCHARGE LICENSE: W001339-5D-C-R 

NAME AND ADDRESS OF APPLICANT: 

WASHINGTON COUNTY COMMUNITY COLLEGE 

RR #1, Box 22C 

Calais, Maine 04619 

COUNTY: Washington County 

NAME AND ADDRESS WHERE DISCHARGE OCCURS: 

One College Drive 

Calais, Maine 

RECEIVING WATER / CLASSIFICATION: St. Croix River/Class SB 

COGNIZANT OFFICIAL AND TELEPHONE NUMBER: Desiree Thompson 

(207) 454-1021 

dthomuson(&,wcce.me.edu 

CONTRACT OPERATOR: John Carman, JMC Wastewater 

(207) 948-3228 

1. APPLICATION SUMMARY 

a. Application: Washington County Community College (WCCC/permittee hereinafter) has 

submitted a timely and complete application to the Department to renew combination Maine 

Pollutant Discharge Elimination System (MEPDES) permit #ME0102831/Maine Waste 

Discharge License (WDL) #W001339-5D-B-R (permit hereinafter) which was issued by 

the Department on March 5, 2009 and expires on March 5, 2014. The permit authorized the 

year-round discharge of up to 10,500 gallons per day (GPD) of secondary treated sanitary 

wastewater to the St. Croix River, Class SB, in Calais, Maine. See Attachment A of this Fact 

Sheet for a location map. 
ME0102831 FACT SHEET Page 2 of 12 

W001339-5D-C-R 

I. APPLICATION SUMMARY (cont'd) 

b. Source description: The Washington County Community College (WCCC) is a division of 

the Maine Community College System. The facility is located on a 400 acre parcel in 

Calais, Maine and serves approximately 500 students and 60 faculty and staff employees. 

c. Waste water treatment: The waste water treatment system serves only the WCCC and is 

entirely on its property. The waste water treatment system consists of a 10,000 gallon septic 

tank, a sand filtration system and a chlorine tablet disinfection system. The treated waste water 

is discharged to the St. Croix River via a 6-inch outfall pipe with no diffuser. The outfall depth 

below mean low water is 2 feet. 

d. Replacement Options: In May of 2003, the Maine State Legislature adopted several 

amendments to the licensing of overboard discharges and the Department revised its rule, 

Chapter 596, Overboard Discharges: Licensing and Abandonment, accordingly. One of the 

amendments in the revised rule requires OBD owners who are applying to the Department 

to renew their OBD licenses to hire a licensed site evaluator (LSE) to determine whether or 

not it is technologically feasible to replace the existing waste water treatment system prior 

to license renewal and install a replacement system within 180 days if grant money is 

offered by the Department. The site evaluation performed on December 3, 2008 by Deane 

Bradshaw, P.E., concluded that while the WCCC campus is relatively large (approximately 

400 acres), there are no suitable soil areas within the reasonably accessible portion. The 

soils over the campus range from marine clays to poorly drained, silty, glacial till in the 

field areas above and behind the school. Continued use of the overboard discharge system 

was recommended by the site evaluator. 

2. PERMIT SUMMARY 

This permitting action is carrying forward all the terms and conditions of the March 5, 

2009 permit. 
ME0102831 FACT SHEET Page 3 of 12 

W001339-5D-C-R 

3. CONDITIONS OF PERMIT 

Maine law, 38 M.R.S.A. Section 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, 38 M.R.S.A., Section 420 and Department rule 06-096 CMR Chapter 530, 

Stuface Water Toxics Control Program, require the regulation of toxic substances not to exceed 

levels set forth in Department rule 06-096 CMR Chapter 584, Surface Water Quality Criteria for 

Toxic Pollutants, 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 

Maine law, 38 M.R.S.A. §469 classifies the St. Croix River at the point of discharge as a Class 

SB waterbody. Maine law, 38 M.R.S.A. §465-B(2) establishes the standards for Class SB as 

follows: 

Class SB waters must be of such quality that they are suitable for the designated uses of 

recreation in and on the water, fishing, aquaculture, propagation and harvesting of shellfish, 

industrial process and cooling water supply, hydroelectric power generation, navigation and 

as habitat for fish and other estuarine and marine life. The habitat must be characterized as 

unimpaired. 

The dissolved oxygen content of Class SB waters must be not less than 85% of saturation. 

Between May 15th and September 30th, the numbers of enterococcus bacteria of human and 

domestic animal origin in these waters may not exceed a geometric mean of 8 per 100 

milliliters or an instantaneous level of 54 per 100 milliliters. In determining human and 

domestic animal origin, the department shall assess licensed and unlicensed sources using 

available diagnostic procedures. The numbers of total coliform bacteria or other specified 

indicator organisms in samples representative of the waters in shellfish harvesting areas may 

not exceed the criteria recommended under the National Shellfish Sanitation Program, United 

States Food and Drug Administration. 

Discharges to Class SB waters may not cause adverse impact to estuarine and marine life in 

that the receiving waters must be of sufficient quality to support all estuarine and marine 

species indigenous to the receiving water without detrimental changes in the resident 

biological community. There may be no new discharge to Class SB waters that would cause 

closure of open shellfish areas by the Department of Marine Resources. For the purpose of 

allowing the discharge of aquatic pesticides approved by the department for the control of 

mosquito-borne diseases in the interest ofpublic health and safety, the department may find 

that the discharged effluent will not cause adverse impact to estuarine and marine life as long 

as the materials and methods used provide protection for nontarget species. When the 

department issues a license for the discharge of aquatic pesticides authorized under this 

paragraph, the department shall notify the municipality in which the application is licensed to 

occur and post the notice on the department's publicly accessible website. 
ME0102831 FACT SHEET Page 4 of 12 

W001339-5D-C-R 

5. RECEIVING WATER QUALITY CONDITIONS 

The 2010 Integrated Water Quality Monitoring and Assessment Report published by the 

Department pursuant to Section 305(b) of the Federal Water Pollution Control Act, lists 

waterbody #702-4 (including DMR Legal Notice Closed Area C-62) in a table entitled, 

Category 4-A: Estuarine and Marine Waters Impaired Use TMDL Completed. The report lists 

potential sources contributing to the impairment, including overboard discharge systems, 

elevated levels of fecal coliform bacteria, sewerage treatment facilities and non-point source 

pollution. 

The Maine Department of Marine Resources (DMR) assesses information on shellfish growing areas 

to ensure that shellfish harvested are safe for consumption. The DMR has authority to close shellfish 

harvesting areas wherever there is a pollution source, a potential pollution threat, or poor water 

quality. 

The DMR traditionally closes shellfish harvesting areas if there are known sources of discharges with 

unacceptable bacteria levels (in-stream thresholds established in the National Shellfish Sanitation 

Program) or maintains shellfish harvesting closure areas due to lack of updated information regarding 

ambient water quality conditions. The Maine DMR closed or restricted Area C-62 (Waterbody 

ID 702-4) on March 8, 2013 based on ambient water quality data that, at that time, indicated 

the area did not meet or marginally met the standards in the National Shellfish Sanitation 

Program. In addition, the Maine DMR closes areas by default in the vicinity of outfall pipes 

associated with treated sanitary waste water discharges in the event of a failure of the 

disinfection system. 

Compliance with the seasonal fecal coliform bacteria limits in this permitting action will 

ensure that the discharge from the permittee's facility will not cause or contribute to the 

shellfish harvesting closure. 

The 2008 305(b) report also lists all estuarine and marine waters in a category entitled, 

Category 5-D: Estuarine and Marine Waters Impaired by Legacy Pollutants. These waters are 

listed as partially supporting fishing ("shellfish consumption) due to elevated levels of PCBs 

and other persistent, bioaccumulating substances in lobster tomalley. 

Department rule Chapter 519, Interim Effluent Limitations and Controls for the Discharge of 

Mercury, establishes controls on the discharge of mercury to the surface waters of the State 

through interim effluent limits and implementation of pollution prevention plans. 
ME0102831 FACT SHEET Page 5 of 12 

W001339-5D-C-R 

5. RECEIVING WATER QUALITY CONDITIONS (cont'd) 

However, Section 1(A)(1) of the Chapter 519 rule states, in part: 

"This rule applies to all persons licensed or permitted pursuant to 38 MRSA §413 to 

discharge pollutants to the surface waters of the State except as described below. For the 

purposes of this rule, the term 'licensee' also means, 'permittee.' 

(1) Categorical exclusions. This rule does not apply to the following categories of 

licensees: combined sewer overflows, snow dumps, pesticide applications, and over 

board discharges licensed pursuant to 38 MRSA §413.Iemphasis added] Except, 

however, specific members of these categories may be required by the department to 

comply with this rule on a case by case basis..." 

6. EFFLUENT LIMITATIONS & MONITORING REQUIREMENTS 

a. Best Practicable Treatment (BPT) - Overboard discharges may be permitted only where no 

technologically proven alternative exists. Overboard discharge treatment systems must be 

capable of meeting secondary treatment standards as described in CMR Chapter 525, 

Section 3 and Chapter 596 section 9, unless the Department finds that alternate limits are 

appropriate. After accepting a renewal application as complete for processing, the 

Department shall approve an overboard waste discharge license only if all of the following 

criteria are met: 

(1) A publicly owned sewer line is not located on or abutting land owned or controlled by 

the applicant or is not available for the applicant's use. 

(2) A subsurface wastewater disposal system cannot be installed in compliance with the 

Subsurface Rules, 10-144 CMR 241, on land owned or controlled by the applicant. Or, 

a subsurface wastewater disposal system can be installed on land owned or controlled 

by the applicant and the applicant is eligible for grant funding pursuant to 38 M.R.S.A 

§ 411-A but no funding is available. 

(3)The discharge is not located within the boundaries of a sanitary or sewer district and the 

district has not agreed to service and maintain a holding tank at an annual fee that does 

not exceed those fees charged to other similar users of the district's services who are 

physically connected to the sewers of the district. 

(4) For a school, the volume or quantity of waste water that is discharged does not exceed; 

(a) the limit imposed by the previous license. 

(b) the actual or estimated flow at the time of current application if a license volume 

increase is necessary. 
ME0102831 FACT SHEET Page 6 of 12 

W001339-5D-C-R 

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

(5) The receiving water is not: 

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

(b) A tributary to Class GPA water; or 

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

(6) The discharge meets the requirements of Maine's Pollution Control Laws 38 M.R.S.A. 

§414-A, and Maine's Water Classification Laws 38 M.R.S.A. §§ 464 to 469. 

(7) The discharge receives best practicable treatment consistent with requirements in 

Section 9 of Department rule Chapter 596. 

The discharge from the WCCC facility has met all the above criteria. Site evaluation conducted 

in 2008 from a licensed site evaluator concluded that a replacement subsurface waste water 

disposal system cannot be installed in compliance with the Subsurface Rules, 10-144 CMR 

241, on land owned or controlled by the applicant. 

b. Flow: The previous permitting action established a monthly average flow limitation of 

10,500 gallons per day (gpd) and a daily maximum reporting requirement along with a 

weekly measurement frequency, both of which are being carried forward in this permitting 

action. The Discharge Monitoring Report (DMR) data for the period October 2009 —

September 2013 indicates the permittee has reported flow values as follows: 

Flow CDMRs = 48 

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

Monthly Average 10,500 1,069 — 6,284 3,077 

Daily Maximum Report 1,459 — 8,708 4,230 

c. Dilution Factors — Department rule 06-096 CMR, Chapter 530, Surface Water Taxies 

Control Program, §4(A)(2) states, 

(2) For estuaries where tidal flow is dominant and marine discharges, dilution factors 

are calculated as follows. These methods may be supplemented with additional 

information such as current studies or dye studies:. 
ME0102831 FACT SHEET Page 7 of 12 

W001339-5D-C-R 

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

(a) For discharges to the ocean, dilution must be calculated as near-field or initial 

dilution, or that dilution available as the effluent plume rises fi.om 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. 

(b) For discharges to estuaries, dilution must be calculated using a method such as 

MERGE, CORMIX or another predictive model determined by the Department 

to be appropriate for the site conditions. 

(c) In the case of discharges to estuaries where tidal flow is dominant and marine 

waters, the human health criteria must be analyzed using a dilution equal to 

three times the chronic dilution factor. 

With a permitted flow of 10,500 GPD, the location and configuration of the outfall 

structure, the Department has made a best professional judgment that dilution factors are 

follows: 

Acute = 103.4:1 Chronic = 30,692:1 Harmonic Mean(i)— 92,076:1 

Footnote: 

(1) The harmonic mean dilution factor is approximated by multiplying the chronic 

dilution factor by three (3). This multiplying factor is based on guidelines for 

estimation of human health dilution presented in the USEPA publication "Technical 

Support Document for Water Quality-based Toxics Control" (Office of Water; 

EPA/505/2-90-001, page 88), and represents an estimation of harmonic mean flow 

on which human health dilutions are based in a riverine 7Q10 flow situation. 

d. Biochemical Oxygen Demand (BOD5) and Total Suspended Solids (TSS): The previous 

permitting action established technology based monthly average, weekly average and daily 

maximum BOD5and TSS concentration limits of 30 mg/L, 45 mg/L and 50 mg/L, 

respectively. The monthly average and weekly average concentration limits are based on 

secondary treatment requirements as defined in Department rule, 06-096 CMR 

Chapter 525(3)(111) and the daily maximum concentration limit of 50 mg/L is based on a 

best professional judgment by the Department of best practicable treatment (BPT). This 

permitting action is carrying forward all three technology-based concentration limits. 

06-096 CMR Chapter 523, Waste Discharge License Conditions, Section 6, Calculating 

NPDES permit conditions, sub-section f(1) states that, "all pollutants limited in permits 

shall have limitations; standards or prohibitions expressed in terms of mass ...." 
ME0102831 FACT SHEET Page 8 of 12 

W001339-5D-C-R 

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

Therefore, this permitting action is carrying forward the monthly average, weekly average 

and daily maximum BOD5and TSS mass limitations based on calculations using the 

permittee's daily maximum permitted flow limitation of 10,500 GPD (0.0105 MGD) and 

the applicable concentration limits as follows: 

Monthly Average Mass Limit: (30 mg/L)(8.34 lbs/gallon)( 0.0105 MGD) --- 2.6 lbs/day 

Weekly Average Mass Limit: (45 mg/L)(8.34 lbs/gallon)( 0.0105 MGD) = 3.9 lbs/day 

Daily Maximum Mass Limit: (50 mg/L)(8.34 lbs/gallon)( 0.0105 MGD) = 4.4 lbs/day 

The previous permitting action established a minimum monitoring frequency requirement 

of once every two months (1/2 Month) for BOD5and TSS that is being carried forward in 

this permitting action. A review of the discharge data as reported on the permittee's Discharge 

Monitoring Reports (DMR's) submitted to the Department for the period November 2009 -

September 2013 indicate the following: 

BOD concentration (DMRs = 32 

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

Monthly Average 30 5 - 11 7.0 

Weekly Average 45 5 - 11 7.0 

Daily Maximum 50 5 - 11 7.0 

TSS concentration (DMRs = 32) 

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

Monthly Average 30 3 - 11 5.4 

Weekly Average 45 3 - 11 5.4 

Daily Maximum 50 3 - 11 5.4 

BOD Mass MRs = 32 

Value Limit (lbs/day) Range (lbs/day) Average (lbs/day) 

Monthly Average 30 0.02 -0.39 0.17 

Weekly Average 45 0.02 -0.39 0.17 

Daily Maximum 50 0.02 -0.39 0.17 

TSS Mass (DMRs = 32 

Value Limit (lbs/day) Range (lbs/day) Average (lbs/day) 

Monthly Average 30 0.03 - 0.34 0.16 

Weekly Average 45 0.03 - 0.34 0.16 

Daily Maximum 50 0.03 -- 0.34 0.16 
ME0102831 FACT SHEET Page 9 of 12 

W001339-5D-C-R 

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

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

removal of BOD5and TSS pursuant to Chapter 525(3)(111)(a)(3) and (b)(3) of the Department's 

rules. 

e. Settleable Solids: This permitting action is carrying forward a daily maximum settleable 

solids technology based concentration limit of 0.3 mL/L but is not establishing a regular 

monitoring frequency; however, the limitations are in effect and enforceable at all times. 

Fecal coliform bacteria: The previous permitting action established a seasonal monthly average 

limitation of 15 colonies/100 mL (geometric mean) and a daily maximum limitation of 

50 colonies/100 mL to be consistent with the limits associated with the National Shellfish 

Sanitation Program. A seasonal timeframe of May 15 — September 30 is being carried forward in 

this permitting action in order to be consistent with the time frame in Maine law 

38 M.R.S.A.§465-B(2). 

A review of the seasonal monthly average and daily maximum data as reported on the 

DMRs submitted to the Department for the period May 2010 — September 2013 indicates 

monthly average and daily maximum fecal coliform bacteria counts have been reported as 

follows: 

Fecal coliform bacteria MRs=20 

Value Limit (co1/100 ml) Range (co1/100 ml) Mean (col/100 nil) 

Monthly Average 15 <1-2 <1 

Daily Maximum 50 <1-2 <1 

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

maximum TRC technology-based concentration limit of 1.0 mg/L along with a 3/Week 

monitoring requirement. Limitations on TRC are specified to ensure that ambient water 

quality standards are maintained at all times of the year and that BPT technology is being 

applied to the discharge. Department permitting actions impose the more stringent of 

either a water quality-based or BPT-based limit. 

With dilution factors as determined in Section 7C of this fact sheet, end-of-pipe (EOP) 

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

Calculated Calculated 

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

Criterion Criterion Dilution Factors Limit Limit 

0.013 mg/L 0.0075 mg/L 103.4:1 (A) 1.34mg/L 

30,692:1 (C) 230 mg/L 

Example: Acute Limit Calculation: (0.013 mg/L)(103.4) 1.34mg/L 
ME0102831 FACT SHEET Page 10 of 12 

W001339-5D-C-R 

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

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. For 

facilities that need to dechlorinate the discharge in order to meet water quality-based 

thresholds, the Department has established daily maximum and monthly average BPT 

limits of 0.3 mg/L and 0.1 mWL, respectively. Based on the calculated acute and chronic 

total residual chlorine limits, the WCCC facility is not required to dechlorinate the effluent 

prior to discharge in order to consistently achieve compliance with the calculated water 

quality-based thresholds. 

A review of the daily maximum data as reported on the DMRs submitted to the Department for the 

period October 2009 — September 2013 indicates the maximum TRC discharged has been as 

follows; 

Total residual chlorine (DMRs = 23 

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

Daily Maximum 1.0 0.17 — 0.90 0.73 

h. pH: The previous permitting action established a technology based pH range limit of 6.0 — 9.0 

standard units (SU), pursuant to Department rule found at 06-096 CMR Chapter 525(3)(111)(0). 

This permitting action is not establishing a regular monitoring frequency but the limitations are in 

effect and enforceable at all times. 

i. Whole Effluent Toxicity (WET), Priority Pollutant, and Analytical Chemistry Testing: Maine 

law, 38 M.R.S.A., §414-A and §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. Department 

rule, 06-096 CMR Chapter 530, Surface Water Toxics Control Program (toxics rule) sets forth 

effluent monitoring requirements and procedures to establish safe levels for the discharge of 

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

protected and narrative and numeric water quality criteria are met. Department rule 06-096 

CMR Chapter 584, Surface Water Quality Criteria for Toxic Pollutants, sets forth ambient 

water quality criteria (AWQC) for toxic pollutants and procedures necessary to control levels 

of toxic pollutants in surface waters. 

Chapter 530 Section (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." 
ME0102831 FACT SHEET Page 11 of 12 

W001339-5D-C-R 

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

Chapter 530 Section 2.A specifics the criteria for exemption of certain discharges from toxics 

testing as follows: 

(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. 

The permittee's facility is exempt from the Chapter 530 requirements as it permitted to 

discharge less than 50,000 gpd, the chronic dilution factor is greater than 50:1 (Department 

BPJ) and the waste water has domestic-like characteristics. However, should there be a 

substantial change in the characteristics of the discharge in the future; the Department may 

reopen this permit pursuant to Special Condition I, Reopening of Permit for Modifications, to 

incorporate the applicable whole effluent toxicity (WET), priority pollutant or analytical testing 

requirements cited above. 

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 as permitted will not cause or contribute to the failure of the 

water body to meet standards for Class SB waters. 

8. PUBLIC COMMENTS 

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

December 26, 2013. 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 Chapter 522 of the Department's rules. 
ME0102831 FACT SHEET Page 12 of 12 

W001339-5D-C-R 

9. DEPARTMENT CONTACTS 

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

comments sent to: 

Rod Robert 

Division of Water Quality Management 

Bureau of Land & Water Quality 

Department of Environmental Protection 

17 State House Station 

Augusta, Maine 04333-0017 Telephone: (207) 446-1875 

e-mail: rodney,robert@maine.gov 

10. RESPONSE TO COMMENTS 

During the period of January 10th2014 through the issuance date of the permit/license, the 

Department solicited comments on the proposed draft permit/license to be issued for the 

discharge from Washington County Community College. The Department did not receive 

comments from the permittee, state or federal agencies, or interested parties that resulted in any 

substantive change(s) in the terms and conditions of the permit. Therefore, the Department has 

not prepared a Response to Comments. 
ATTACHMENT A 
Calais 

E•ea^etery 
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 

I 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 

1 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 pennittee 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. 

R. 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. 

S. 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 perthittee 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 permittee 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 dischargek 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 

I. 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(6); 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. 

r• 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 (f) of this section, at the time monitoring reports are submitted. 

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

(h) 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/I) 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/I) 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(1). 

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 ug/l); 

(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(0(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, cha►mel, 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. § 480-1-11-1(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. ADAHNISTRATIVE 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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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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H. 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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