An Act To Expedite the Removal of Overboard Discharge LR 1863(02)
Maine Legislature, Session 121, LD 1493
Committee Amendment CA_A_H260 (House)
Amends: 38 MRSA §414

COMMITTEE AMENDMENT" H, to H.P. 1090, L.D. 1493, 
Act To Expedite the Removal of Overboard Discharge" 
Bill, "An 
Amend the bill in section 6 in sUbsection 3 in the blocked 
paragraph in the first line (page 5, line 4 in L.D.) by striking 
out the 
following: 
"Prior" 
and inserting in its place the 
following: 
'Except when it has been demonstrated within 5 years 
prior to 
a 
transfer that there is no technologically proven 
alternative to an overboard discharge. prior' 
Further amend the bill by inserting after section 10 the 
following: 
'Sec. 11. 38 MRSA §414.A, sub.§I.B, 1[B, as amended by PL 1993, 
c. 223, §3, is further amended to read: 
B. 
For the purposes of this subsection, the department may 
not require the installation or use of wastewater holding 
tanks as 
a 
"technologically proven alternative method of 
wastewater disposal" except in the following cases: 
(1) Seasonal residential overboard discharges that are 
located on the mainland or on any island connected to 
the mainland by vehicle bridge or by scheduled car 
ferry service, when the elimination of the discharge 
alone or in conjunction with the elimination of other 
discharges will result in the opening of a shellfish 
harvesting area or the removal of a public nuisance 
condition; 
Page l-LR1863(2) 
COMMITTEE AMENDMENT 
t\" \. 
COMMITTEE AMENDMENT .. If. to H.P. 1090, L.D. 1493 
(2) 
All 
overboard 
discharges 
located 
wi thin 
the 
boundaries of a sanitary or sewer district when the 
district has agreed to service and maintain the 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; and 
(3) 
All 
overboard 
discharges 
located 
within 
the 
municipali ty 
when 
the 
municipali ty 
has 
agreed 
to 
service and maintain the holding tank at an annual fee 
that 
does 
not 
exceed 
those 
fees 
charged 
to other 
similar users of the municipality's services who are 
physically connected to the sewers of the municipality. ' 
Further amend the bill by inserting after section 11 the 
following: 
'Sec. 12. 38 MRS A §414-A, sub-§I-B,~, as amended by PL 1997, 
c. 794, Pt. A, §23, is repealed.' 
Further amend the bill by relettering 
nonconsecutive 
Part 
letter 
or 
section 
consecutively. 
SUMMARY 
or renumbering any 
number 
to 
read 
This 
amendment restricts the Department of Environmental 
Protection's authority to require the installation of holding 
tanks 
on seasonal overboard discharges. 
The 
amendment 
also 
deletes a section of law that provided for license terms prior to 
the State's being delegated authority to issue permits under the 
Federal Water Pollution Control Act. 
The amendment also provides 
that if it has been demonstrated within the past 5 years that 
there is no alternative to an overboard discharge, the parties to 
a transfer of the property do not need to determine whether there 
are any technologically proven alternatives. 
FISCAL :'\OTE REQlJIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 05/01103 ;t;?ae 
Office of Fiscal and Program Review 
LD 1493 
An Act To Expedite the Removal of Overboard Discharge 
LR 1863(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
No Net Fiscal Impact - Other Special Revenue Funds 
This bill amends the existing licensing and inspection fee structure for overboard discharges, resulting in an annual 
increase in dedicated revenue to the Maine Environmental Protection Fund. This increase will be offset by an annual 
decline in dedicated revenue based on an expected drop in the number of licensed facilities by roughly 100 per year. 
The net fiscal impact of the bill is expected to be minor and no additional allocations are needed for fiscal year 2003-
and fiscal year 2004-05. It is anticipated that as carry-forward balances and revenues decline, and as systems are 
removed, the Department of Environmental Protection may need to make adjustments in fiscal year 2005-06 and 
fiscal year 2006-07. However, these amounts can not be determined at this time. 
LR1863(2) - Fiscal Note - Page 1 of 1