An Act To Expedite the Removal of Overboard Discharge
Maine Legislature, Session 121, LD 1493
Committee: Natural Resources
Sponsors: DAIGLE, BULL, DUNLAP, SAWYER
Amends: 38 MRSA §353-B, 38 MRSA §361-A, 38 MRSA §411-A, 38 MRSA §413, 38 MRSA §414, 38 MRSA §414-A, 38 MRSA §464

Legislative Document 
No. 1493 
H.P.1090 
House of Representatives, March 31, 2003 
An Act To Expedite the Removal of Overboard Discharge 
Submitted by the Department of Environmental Protection pursuant to Joint Rule 204. 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Representative DAIGLE of Arundel. 
/Jf~ 
/J7.1J?O£~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: BULL of Freeport, DUNLAP of Old Town, Senator: 
SAWYER of Penobscot. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRSA §353-B, sub-§2, 1(A, as amended by PL 2001, c. 
230, §l, is further amended to read: 
A. 
The base and maximum 
fees that may 
be 
assessed to 
categories of discharge activities are as follows. 
Discharge Group 
Publicly owned 
annual fee 
treatment facilities, 
greater than 6,000 
gallons per day but 
less than 5 million 
gallons per day and 
no significant 
industrial waste 
Publicly owned 
annual fee 
treatment facilities, 
6,000 gallons per day 
or less 
Publicly owned 
annual fee 
treatment facilities, 
greater than 5 million 
gallons per day or 
with significant 
industrial waste 
Major industrial 
annual fee 
facility, process 
wastewater (based 
on EPA list of 
major source 
discharges) 
Other industrial 
facility, process 
wastewater 
Food handling or 
packaging waste-
water 
Fish rearing 
facility 
annual fee 
annual fee 
annual fee 
Base fee 
not to 
exceed 
$175 
$60 
$770 
$1,850 
$630 
$315 
$230 
Maximum fee 
for individual 
in group 
none 
$180 
none 
none 
none 
$2,100 
$1, 400 
Noncontact cooling annual fee 
$90 
$7,000 
water 
Industrial or 
annual fee 
$115 
$2,100 
commercial sources, 
miscellaneous or 
incidental non-
process wastewater 
Municipal combined annual fee 
$115 
$1,400 
sewer overflow 
Sanitary 
annual fee 
$60 
$1,200 
wastewater, 
excluding 
overboard discharge 
Sanitary 
annual fee 
$813 $210 
$1,200 
overboard discharge, 
commercial sources 
Sanitary 
annual fee 
$139 $175 
overboard discharge, 
residential sources 
gallons per day 
and less 
Sanitary 
annual fee 
$99 $200 
$600 
overboard discharge, 
residential sources 
more than 600 gallons 
per day 
Sanitary 
annual fee 
$19 $210 
$500 
overboard discharge, 
public sources 
Aquatic pesticide 
annual fee* 
$200 
application 
Snow dumps 
annual fee* 
$125 
Salt and sand 
annual fee* 
$150 
storage pile 
Log storage permit annual fee* 
$200 
General permit 
annual fee* 
$100 
coverage 
Experimental 
license fee* 
$500 
discharge license 
Mixing zone, in 
flat fee* 
$4,000 
addition to other 
applicable fees 
Formation of 
flat fee* 
$300 
sanitary district 
Transfer of license flat fee* 
$100 
for residential or 
commercial sanitary 
wastewater 
*Discharge or license quantity fees do not apply to these 
categories. 
When 
a 
license authorizes multiple discharge points 
in 
different categories in the same license, the to1tal maximum 
fee for the license may not exceed the maximum fee for the 
most significant category plus 1/2 of the maximum fee for 
each of the other applicable categories. 
Sec. 2. 38 MRSA §361-A, sub-§3-C is enacted to read: 
3-C. 
Overboard discharge. 
"Overboard discharqe" has the 
same meaning as in section 466, subsection 9-A. 
Sec. 3. 38 MRS A §411-A, sub-§2, as amended by PL 2001, c. 232, 
§10, is repealed. 
Sec. 4. 38 MRSA §411-A, sub-§2-A is enacted to read: 
2-A. 
Cost-share. 
The 
commissioner 
shall 
determine 
the 
portion of 
project 
expenses 
eligible 
for 
grants 
under 
this 
section as follows: 
A. 
For 
an owner of overboard discharge with an annual 
income less than $25,000, 100%; 
B. 
FQr 
an owner 
Qf 
ov~rboard dischS!rge with an annual 
income between $25,000 and $50,000, 90%; 
C. 
FQr 
an 
owner of overboard di§chS!rglii with an annual 
income between $50,001 S!nd $75,000, 50%; 
D. 
FQr 
an owner 
Qf 
overbQarg 
di§charg~ with an annual 
incQme between 3i75.QQl and UOO.OQQ. 35%i 
E. 
For an owner of overboard discharge with an annual 
income over $100,000, 25%; and 
F. 
For a publicly owned overboard discharge facility, 50°'b 
to a maximum of $150,000. 
For purposes of this subsection, "annual income" means the sum of 
all the property owner's federal taxable income for the previous 
year for single family dwellings, gross profits for the previous 
year 
for 
commercial 
establishments 
and gross 
rents 
for 
the 
previous year for rental properties, as listed on the relevant 
federal income tax returns. 
Sec. 5. 38 MRSA §411-A, sub-§4, as amended by PL 1991, c. 499, 
§14, is repealed and the following enacted in its place: 
4. 
Reimhursement. 
The 
commissioner shall utilize grants 
under this section to reimburse individuals for the cost of 
removing any overboard discharge, subject to the provisions of 
subsection 2-A, when: 
A. 
The removal occurred after September 30, 1989 but was 
carried out according to plans and specifications approved 
by the commissioner in advance of construction and prior to 
the offering of a grant under this section; 
B. 
The removal resulted in the elimination of sources of 
contamination 
to 
shellfish 
areas 
or 
public 
nuisance 
conditions: and 
C. 
The removal is required under section 413, subsection 3 
or section 414 A, subsection 1 B. 
Sec. 6. 38 MRSA §413, sub-§3, as amended by PL 1989, c. 890, 
Pt. B, §28 and affected by Pt. A, §40, is further amended to read: 
3. 
Transfer of ownership. In the event that any person 
possessing 
a 
license issued by the department transfers 
the 
ownership of the property, facility or structure that is the 
source of a licensed discharge, without transfer of the license 
being approved by the department, 
the license granted by the 
department continues to authorize a discharge within the limits 
and subject to the terms and conditions stated in the license, 
provided that 
the parties 
to 
the 
transfer 
are 
jointly and 
severally liable for any violation thereof until such time as the 
department approves transfer or issuance of a waste discharge 
license to the new owner. The department may in its discretion 
require the new owner to apply for a new license, or may approve 
transfer of the existing license upon a satisfactory showing that 
the new owner can abide by its terms and conditions. 
Prior 
to 
transfer 
of 
ownership 
of 
property 
containing 
an 
overboard discharge, the parties to the transfer shall determine 
the feasibility of technologically proven alternatives to the 
overboard 
discharge 
that 
are 
consistent 
with 
the 
plumbing 
standards adopted by the Department of Human Services pursuant to 
Title 22, section 42 based on documentation from a licensed site 
evaluator 
provided 
by 
the 
applicant 
and 
approved 
by 
the 
Department 
of 
Environmental 
Protection. 
The 
licensed 
site 
evaluator shall demonstrate experience in designing replacement 
systems 
for 
overboard discharge. 
If an alternative to the 
overboard discharge is identified, the alternative system must be 
installed within 90 days of property transfer, eXCE!pt that, if 
soil conditions are poor due to seasonal weather, the alternative 
may 
be 
installed 
as 
soon 
as 
soil 
conditions 
permit. 
The 
installation of an alternative to the overboard discharge may be 
eligible for funding under section 411-A. 
Sec. 7. 38 MRSA §414, sub-§2, as amended by PL 1997, c. 794, 
Pt. A, §19, is further amended to read: 
2. 
Terms 
of 
licenses. 
Licenses 
are 
issued 
by 
the 
department for a 
term of not more than 5 
yearsT-~--£Rat= 
± i sease s - £ eF- eve-£Bea"£EI- tl-i£££a-£~e£- may- -be-- --i-&&ue-d- -f-(H"- -a" -t:e-Fffi -ef. -ae t= 
me ~e - -t.ha-R--l~ ~-&r 
-a-& -p~eviaea - .fe-£- --i-n- -se-<J-t::.i-on- --41-4-Ar - s \i.9se s t= iea 
±-lih-~~-aph--g. 
~e~-4:-he---pu-r~-ef.--thl£--se-<J-t::.i-onr-!.!eve~.gea~a 
aiseRa~§e!.!--i£--de:f-i-neG--j,.:e--aeee~aaaee-w-i-th-~--i-{)i}---4G-G-r-s\i.9seet=iea 
9-A ... 
Sec. 8. 38 MRSA §414, sub-§3-A, as repealed and replaced by PL 
1991, c. 294, §1, is repealed and the following ena.cted in its 
place: 
3-A. 
Inspection 
of 
overboard 
discharge 
systems. 
The 
department 
shall 
inspect 
all 
licensed 
overboard 
discharge 
systems. 
The cost of the inspections must be assessed as part of 
the annual license fee. 
For residential overboard discharges 
owned 
by 
individuals, 
the 
department 
shall 
provide 
a 
fee 
reduction based on the adjusted gross 
income of the license 
holder on the most recent tax return under the federal Internal 
Revenue Code of 1986. 
If the license holder's ad"justed gross 
income is less than $15,000, the license holder 
ma~r reduce the 
total fee by $125. 
Any overboard discharge license Qwner with a 
mechanical 
treatment 
system 
must 
provide 
annual 
proof 
of 
a 
private maintenance contract for maintenance of that system. 
Sec. 9. 38 MRSA §414, sub-§3-B, as enacted by PL 1991, c. 294, 
§2, is repealed. 
Sec. 10. 38 MRSA §414-A, sub-§I-B, ,A, as enacted by PL 1989, 
c. 442, §3 and affected by c. 890, Pt. A, §40 and amended by Pt. 
B, §30, is further amended to read: 
A. 
The department shall find that the discharge meets the 
requirements 
of 
best 
practicable 
treatment 
under 
this 
section for purposes of relicensingT when it finds that 
there are no technologically proven alternative methods of 
wastewater 
disposal 
consistent 
with 
the 
plumbing 
code 
adopted by the Department of Human Services pursuant to 
Title 22, section 42T that will not result in an overboard 
discharge, 
based 
on 
documentation 
from 
a 
licensed site 
evaluator provided by the applicant and approved by the 
department. 
The licensed site evaluator shall demonstrate 
experience in designing replacement systems for overboard 
discharges. 
If 
a 
technologically 
proven 
alternative is 
identified, 
the alternative must 
be installed within 180 
days of the application's being accepted by the department, 
subject to availability of funding under section 4ll-A. 
If 
the applicant is not eligible for 
funding under section 
4ll-A, the alternative system must be installed within 180 
days. 
If the applicant is eligible for 
funding but 
no 
funding is available, 
the installation of an alternative 
system may be postponed until funding is available. 
Sec. 11. 38 MRSA §414-A, sub-§l-B, ,C, as enacted by PL 1989, 
c. 442, §3 and affected by c. 890, Pt. A, §40 and amended by Pt. 
B, §30, is repealed. 
Sec. 12. 38 MRSA §464, sub-§4, ,A, as amended PL 1997, c. 794, 
Pt. 
A, §30, is further amended by amending subparagraph (6) to 
read: 
(6) 
New 
discharges 
of 
domestic 
pollutants 
to 
the 
surface waters of the State that are not conveyed and 
treated 
in 
municipal 
or 
quasi-municipal 
sewage 
facilities. 
For 
the purposes of this subparagraph, 
"new discharge" means any overboard discharge that was 
not 
licensed 
as 
of 
June 
1, 
1987, 
except 
those 
discharges that were in continuous existence for the 12 
months preceding June 1, 1987, as demonstrated by the 
applicant to the department with clear and convincing 
evidence. 
The 
volume 
of 
the 
discharge 
from 
an 
overboard discharge facility that was licensed as of 
June L 
1987 is determined by the actual or estimated 
volume from the facilities connected to the overboard 
discharge facility during the 12 months preceding June 
1, 1987 or the volume allowed by the previous license, 
whichever is less, unless it is found by the department 
that an error was made during prior licensing. 
The 
months during which 
a 
discharge may 
occur 
from 
an 
overboard discharge facility that was licensed as of 
June 1. 1987 must be determined by the actual use of 
the facility at the time of the most recent license 
application prior to June 1, 1987 or the actual use of 
the facility during the 12 months prior to June 1, 
1987, whichever is greater. 
If the overboard discharge 
facility was the primary residence of an owner at the 
time of the most recent license application prior to 
June 1, 1987 or during the 12 months prior to June 1, 
1987, 
then the facility is considered 
a 
year-round 
residence. 
"Year-round 
residence" 
means 
a 
facility 
that is continuously used for more than 8 months of the 
year. 
For purposes of licensing, the department shall 
treat an increase in the licensed volume or quantity of 
an existing discharge or an expansion in the months 
during which the discharge wi,ll--t.ake ~. place as a 
new discharge of domestic pollutants; 
SUMMARY 
This bill consolidates 
the 
separate 
inspection 
overboard discharges 
fee 
and 
the 
annual 
license. 
increases the base fee for certain discharges. 
fee 
The 
for 
bill 
The 
bill 
adds 
a 
definition 
referencing the existing definition, 
protection. 
of 
"overboard 
discharge," 
to the laws governing water 
The bill changes the existing grant program from one that 
determines the amount of grant based on facility use to one that 
determines the grant based on the applicant's annual income. 
The bill provides grant funds, based on the ability to pay, 
to anyone removing that person's overboard discharge system, not 
just to a person whose overboard discharge system is targeted for 
removal by the grant program. 
The bill requires that, prior to transfer of any property 
with an overboard discharge, the property must be evaluated as to 
whether an alternative system can be iilstalled and requires the 
installation of that system if possible. 
The bill eliminates obsolete statutory language. 
The bill consolidates the annual license and inspection fees 
into one fee. 
The bill also consolidates several fee reductions 
based on income into one fee reduction based on income. 
The bill 
clarifies the requirement for maintenance contracts for certain 
types of overboard discharges previously stipulated in the Maine 
Revised Statutes, Title 38, section 414, subsection 3-B. The bill 
eliminates language prescribing the number of inspections to be 
conducted by the department. 
The bill eliminates the waiver of department inspection and 
additional requirements and penalties for homeowners that choose 
to hire a private service contractor to maintain their overboard 
discharge. 
The bill also eliminates the fee reduction for owners 
who hire a service contractor. 
The bill requires that, at the time of relicensing, all 
overboard 
discharge 
owners 
evaluate 
whether 
they 
have 
an 
alternative 
to 
the 
overboard 
discharge 
and 
install 
the 
alternative when possible. 
The bill provides that grant money to 
all owners required to remove overboard discharge must be based 
on their ability to pay and that, if no grant money is available, 
the installation may be postponed until grant money is available. 
The bill eliminates the conditional permit provision in 
current law. 
The bill clarifies the determination of flow volume 
and 
seasonal use and provides greater flexibility for the homeowner 
to prove year-round use.