An Act To Amend Water Quality Laws To Aid in Wild Atlantic Salmon Restoration LR2686(02)
Maine Legislature, Session 121, LD 1833
Committee Amendment CA_A_H731 (House)
Amends: 38 MRSA §465

COMMITTEE AMENDMENT" a" to H.P. 1358, L.D. 1833, Bill, "An 
Act To Amend Water Quality Laws To Aid in Wild Atlantic Salmon 
Restoration" 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
'Sec. 1. 38 MRSA §465, sub-§l, 1fC, as amended by PL 1999, c. 
243, §8, is repealed and the following enacted in its place: 
C. 
Except as provided in this paragraph, there may be no 
direct discharge of pollutants to Class AA waters. 
(1) 
Storm water discharges that are in compliance with 
state and local requirements are allowed. 
(2) 
A discharge to Class AA waters that are or once 
were populated by 
a 
distinct population segment of 
Atlantic salmon as determined pursuant to the United 
States 
Endangered 
Species 
Act 
of 
1973, 
Public 
Law 
93-205, 
as 
amended, 
is allowed if, in addition to 
satisfying all the requirements of this article, the 
applicant, prior to issuance of a discharge license, 
objectively 
demonstrates 
to 
the 
department's 
satisfaction that the 
discharge is necessary, 
that 
there are no other reasonable alternatives available 
and that the discharged effluent is for the purpose of 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,14 .. to H.P. 1358, L.D. 1833 
and will assist in the restoration of Atlantic salmon 
and will return the waters to a state that is closer to 
historically natural chemical quality. 
(a) 
The department may issue no more than a total 
of 
discharge 
licenses 
pursuant 
to 
this 
subparagraph 
and 
subsection 
, 
paragraph 
C, 
subparagraph (2). 
(b) 
A discharge license issued pursuant to this 
subparagraph may not be effective for more than 5 
years from the date of issuance. 
Sec. 2. 38 MRSA §465, sub-§2, 1fC, as amended by PL 2003, c. 
318, §3, is further amended to read: 
C. 
Qil=ees Except as provided in this paragraph, direct 
discharges to these waters licensed after January 1, 1986 r 
are permitted only if, in addition to satisfying all the 
requirements of this article, the discharged effluent will 
be equal to or better than the existing water quality of the 
receiving waters. 
Prior to issuing a discharge license, the 
department 
shall 
require 
the 
applicant 
to 
objectively 
demonstrate 
to 
the 
department's 
satisfaction 
that 
the 
discharge 
is 
necessary 
and 
that 
there 
are 
no 
other 
reasonable alternatives available. 
Discharges into waters 
of this classification licensed prior to January 1, 1986 r 
are allowed to continue only until practical alternatives 
exist. 
~Ris-~~~-eges-~-aff*y-~~-sae-~~~-9~ 
SS9l=HI-Waeel=T 
(1) 
This paragraph does not apply to a discharge of 
storm water that is in compliance with state and local 
requirements. 
(2) 
This paragraph does not apply to a discharge to 
Class A waters that are or once were populated by a 
distinct 
population 
segment 
of 
Atlantic 
salmon 
as 
determined pursuant to the United States Endangered 
Species Act of 1973, Public Law 93-205, as amended, if, 
in addition to satisfying all the requirements of this 
article, 
the 
applicant, 
prior 
to 
issuance 
of 
a 
discharge 
license. 
objectively 
demonstrates 
to 
the 
department's 
satisfaction 
that 
the 
discharge 
is 
necessary. 
that 
there 
are 
no 
other 
reasonable 
alternatives available and that the discharged effluent 
is 
for 
the 
purpose 
of 
and 
will 
assist 
in 
the 
restoration of Atlantic salmon and will return the 
waters 
to 
a 
state that is closer 
to historically 
natural chemical quality. 
COMMITTEE AMENDMENT 
~C:J. 
,~. 
! 
COMMITTEE AMENDMENT "#" to H.P. 1358, L.D. 1833 
(a) 
The department may issue no more than a total 
of 
discharge 
licenses 
pursuant 
to 
this 
subparagraph 
and 
subsection 
1, 
paragraph 
C, 
subparagraph (2). 
(b) 
A discharge license issued pursuant to this 
subparagraph may not be effective for more than 5 
years from the date of issuance. 
Sec. 3. Reporting. 
The 
Atlantic 
Salmon 
Commission 
shall 
inform the joint standing committee of the Legislature having 
jurisdiction over natural resources matters when a license is 
issued pursuant to the Maine Revised Statutes, Title 38, section 
465, subsection 1, paragraph C, 
subparagraph (2) or Title 38, 
section 465, 
subsection 2, paragraph C, 
subparagraph (2) 
and 
shall report on the status of Atlantic salmon restoration in 
connection with those licenses. 
The commission shall provide 
updates 
concerning 
the 
progress 
of 
the 
Atlantic 
salmon 
restoration every 2 years thereafter. I 
SUMMARY 
This amendment clarifies the exception proposed in the bill 
for 
discharges 
intended to 
improve 
the habitat of Atlantic 
salmon. 
The amendment allows discharges to Class AA and Class A 
waters if the waters are or once were populated by a distinct 
population segment of Atlantic salmon as determined pursuant to 
the federal Endangered Species Act. 
Under the amendment, only 3 
discharge licenses may be issued and the licenses may not be 
effective for more than 5 years from the date of issuance. 
The 
amendment also requires the Atlantic Salmon Commission to report 
to 
the 
joint 
standing 
committee 
of 
the 
Legislature 
having 
jurisdiction 
over 
natural 
resources 
matters 
concerning 
the 
discharge licenses and the status of Atlantic salmon restoration 
in connection with those licenses. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 02/27/04 ;t!i?ae 
Office of Fiscal and Program Review 
LD 1833 
An Act To Amend Water Quality Laws To Aid in Wild Atlantic Salmon 
Restoration 
LR2686(02) 
Fiscal Note for Bill as Amended by Committee Amendment It It 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Minor revenue increase - Other Special Revenue Funds 
LR2686(2) - Fiscal Note - Page 1 of 1