An Act To Protect the Public from Floodwater Contamination in Shellfish
Maine Legislature, Session 121, LD 1003
Committee: Marine Resources
Sponsors: LEMONT, ANDREWS, GOODWIN, JOY, PERRY
Amends: 12 MRSA §6001

12lst MAINE LEGISLATURE 
Legislative Document 
No.t003 
S.P.347 
In Senate, February 25,2003 
An Act To Protect the Public from Floodwater Contamination in 
Shellfish 
Reference to the Committee on Marine Resources suggested and ordered printed. 
Presented by Senator LEMONT of York. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Representatives: ANDREWS of York, GOODWIN of Pembroke, JOY of 
Crystal, PERRY of Bangor. 
Printed on recyc led paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRSA §6001, sub-§34-B is enacted to read: 
34-B. 
Process water. 
"Process water" means the water used 
in the depuration process. 
Sec. 2. 12 MRS A §6856, sub-§9 is enacted to read: 
9. 
Chlorination or ultraviolet radiation. 
If a shellfish 
growing area is closed to the taking, washing and possessing of 
shellfish due to runoff related to heavy rainfall pursuant to 
section 6172, subsection 2, a holder of a depuration certificate 
pursuant 
to 
subsection 
that 
applies 
additional 
water 
purification treatment to process water through chlorination or 
ultraviolet radiation is exempt 
from 
the shellfish emergency 
rainfall closures provided the following conditions are met. 
A. 
If chlorination treatment is used: 
(1) 
Wash water must contain 0.1 parts per million of 
residual chlorine for at least one hour of contact time 
prior to use; 
(2) 
Treated process water may be used only for wash 
water; and 
(3) 
The holder of a depuration certificate pursuant to 
subsection 
shall 
take 
samples 
of 
source 
water, 
chlorine-treated water and washed shellfish. 
Shellfish 
samples must be analyzed for fecal coliform and water 
samples 
must 
be 
analyzed 
for 
total 
coliform at 
a 
laboratory 
certified 
under 
the 
National 
Shellfish 
Sanitation 
Program. 
The 
holder 
of 
a 
depuration 
certificate shall monitor chlorine and salinity levels 
in the treated process water. 
B. 
If ultraviolet radiation treatment is used: 
(1) 
Turbidity may not exceed 20 nephelometric units; 
(2) 
Turbidity must be measured using a method endorsed 
by 
a 
national 
organization 
of 
public 
health 
professionals; 
(3) 
Process water must contain no detectable coliform 
bacteria. 
The 
holder 
of 
a 
depuration 
certificate 
pursuant 
to 
subsection 
shall 
continuously 
treat 
process water and verify that the disinfection system 
produces 
process 
water 
with 
no 
detectable 
coliform 
Page l-LR1665(l) 
organisms as measured using a method approved by the 
National Shellfish Sanitation Program; 
(4) 
Process 
water 
must 
be 
tested 
twice 
daily 
in 
triplicate 
samples 
using 
a 
method 
approved 
by 
the 
National Shellfish Sanitation Program; 
(5) 
Treated process water may be used for wet storage 
tanks, depuration tanks and other processing uses that 
bring the water into contact with shellfish: and 
(6) 
Shellfish processed under this subsection may be 
harvested only from approved or restricted shellfish 
growing areas that are in the open status as determined 
by the department. 
SUMMARY 
This 
bill 
establishes 
conditions 
depuration certificate holders 
can 
be 
under 
which 
exempt 
from 
shellfish 
shellfish 
emergency rainfall closures.