An Act To Amend the Bacteria Standard and Dissolved Oxygen Standard for Certain Waters
Maine Legislature, Session 121, LD 1845
Committee: Natural Resources
Amends: 38 MRSA §465, 38 MRSA §465-B

Legislative Document 
No. 1845 
S.P.690 
In Senate, February 10,2004 
An Act To Amend the Bacteria Standard and Dissolved Oxygen 
Standard for Certain Waters 
Reported by Senator MARTIN of Aroostook for the Joint Standing Committee on Natural 
Resources pursuant to Resolve 2003, chapter 39 and chapter 101, section 3. 
Reference to the Committee on Natural Resources suggested and ordered printed under 
Joint Rule 218. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRS A §465, sub-§3, 1[B, as enac ted by PL 1985, c . 
698, §15, is amended to read: 
B. 
The dissolved oxygen content of Class B waters 
sHa~~-Be 
~ not 
be 
less 
than 
parts 
per million or 
75% 
of 
saturation, whichever is higher, except that for the period 
from October 1st to May 14th, in order to ensure spawning 
and egg incubation of indigenous fish species, the 7 -day 
mean dissolved oxygen concentration sHall may not be less 
than 9.5 parts per million and the I-day minimum dissolved 
oxygen concentration sHall may not be less than 8.0 parts 
per million in identified fish spawning areas. 
Between May 
15th and September 30th, 
the number of Escherichia coli 
bacteria of human and domestic animal origin in these waters 
may not exceed a geometric mean of 64 per 100 milliliters 
or an instantaneous level of 467 236 per 100 milliliters. 
Sec. 2. 38 MRSA §465, sub-§4, 1[B, as amended by PL 1989, c. 
890, Pt. B, §63 and affected by Pt. A, §40, is further amended to 
read: 
B. 
The dissolved oxygen content of Class C water may Be not 
be less than 5 parts per million or 
60% 
of saturation, 
whichever is higher, 
except that in identified salmonid 
spawning areas where water quality is sufficient to ensure 
spawning, egg incubation and survival of early life stages, 
that water quality sufficient for these purposes must be 
maintained. 
Between May 15th and September 30th, the number 
of Escherichia coli bacteria of human and domestic animal 
origin in these waters may not exceed a geometric mean of 
llQ per 100 milliliters or an instantaneous level of 949 
~ 
per 100 milliliters. 
The board shall 
pFelR1:il~a1:e adopt 
rules governing the procedure for designation of spawning 
areas. 
Those 
rules 
must 
include 
prov~s~on for 
periodic 
review of designated spawning areas and consultation with 
affected persons prior to designation of a stretch of water 
as a spawning area. 
Sec. 3. 38 MRSA §465-B, sub-§2. 1[B, as enacted by PL 1985, c. 
698, §15, is amended to read: 
B. 
The dissolved oxygen content of Class SB waters sHa~~-Be 
mgy not be less than g§%-ef-6a~1:iEa~ieB 6.5 parts per million 
as a one-day average and not less than 6.0 parts per million 
at any time. 
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 
per 
milliliters. 
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 Manual of Operations, Part I, 
Sanitation 
of 
Shellfish 
Growing 
Areas, 
United 
S~a~e 
QepaF~meB~-e~ States Food and Drug Administration. 
Sec. 4. 38 MRSA §465-B, sub-§3, 1[B, as enacted by PL 1985, c. 
698, §15, is amended to read: 
B. 
The dissolved oxygen content of Class SC waters sHall-ae 
may not be less than 19%-ef-6a~y£a~ieB 5.5 parts per million 
as a one-day average and not less than 5.0 parts per million 
at any time. 
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 14 per 100 milliliters or an instantaneous level of 
per 
milliliters. 
The 
numbers 
of total coliform 
bacteria or other specified indicator organisms in samples 
representative 
of 
the 
waters 
in 
restricted 
shellfish 
harvesting areas may not exceed the criteria recommended 
under the National Shellfish Sanitation Program Manual of 
Operations, Part I, Sanitation of Shellfish Growing Areas, 
United States Food and Drug Administration. 
SUMMARY 
This bill, which is based on the recommendations of the 
Department of Environmental Protection pursuant to Resolve 2003, 
chapter 39, amends the bacteria standard for Class B and Class C 
waters. 
It also amends the dissolved oxygen standard for Class 
SB and Class SC waters.