An Act Concerning Invasive Species and Water Quality Standards
Maine Legislature, Session 122, LD 1304
Committee: Natural Resources
Sponsors: SA VIELLO, ANNIS, BARSTOW, CLARK, DUCHESNE, EBERLE, PINEAU, THOMPSON
Amends: 38 MRSA §465, 38 MRSA §46

Legislative Document 
No. 1304 
H.P.901 
House of Representatives, March 15,2005 
An Act Concerning Invasive Species and Water Quality Standards 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Representative SA VIELLO of Wilton. 
1J1~ 
/f7.7I/dC~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: ANNIS of Dover-Foxcroft, BARSTOW of Gorham, CLARK 
of Millinocket, DUCHESNE of Hudson, EBERLE of South Portland, PINEAU of Jay, 
THOMPSON of China. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRS A §464, sub-§4, ,A, as amended by PL 2003, c. 
650, §3, is further amended to read: 
A. 
Notwithstanding section 4l4-A, the department may not 
issue a water discharge license for any of the following 
discharges: 
(1) 
Direct discharge of pollutants to waters having a 
drainage area of less than 10 square miles, except that: 
(a) 
Discharges 
into 
these 
licensed prior to January 1, 
continue only until practical 
aRe 
waters 
that 
were 
1986 are allowed to 
alternatives exist; 
(b) 
Storm water discharges in compliance with 
state and local requirements are exempt from this 
subpar agraph; 
(c) 
Aquatic 
pesticide 
or 
chemical 
discharges 
approved by the department and conducted by the 
department, the Department of Inland Fisheries and 
Wildlife or an agent of either agency for the 
purpose 
of 
restoring 
biological 
communities 
affected by an invasive species are exempt from 
this subparagraph: and 
(d) 
Chemical 
discharges 
for 
the 
purpose 
of 
restoring water quality in GPA waters approved by 
the department are exempt from this subparagraph; 
(2) 
New direct discharge of domestic pollutants to 
tributaries of Class-GPA waters; 
(3) 
Any discharge into a tributary of GPA waters that 
by 
itself or 
in 
combination with 
other activities 
causes water quality degradation that would impair the 
characteristics and designated uses of downstream GPA 
waters or causes an increase in the trophic state of 
those 
GPA 
waters 
except 
for 
aquatic 
pesticide 
or 
chemical 
discharges 
approved 
by 
the 
department 
and 
conducted by the department, the Department of Inland 
Fisheries and Wildlife or an agent of either agency for 
the 
purpose 
of 
restoring 
biological 
communities 
affected by an invasive species in the GPA waters or a 
tributary to the GPA waters; 
(4) 
Discharge of pollutants to waters of the State 
Page l-LRl071(l) 
that 
imparts 
color, 
taste, 
turbidity, 
toxicity, 
radioactivity or other properties 
that 
cause 
those 
waters to be unsuitable for the designated uses and 
characteristics ascribed to their class; 
(5) 
Discharge of pollutants to any water of the State 
that violates sections 465, 465-A and 465-B, except as 
provided in section 451; 
causes the 
"pH" 
of fresh 
waters to fall outside of the 6.0 to 8.5 range; or 
causes the "pH" of estuarine and marine waters to fall 
outside of the 7.0 to 8.5 range; 
(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 discharges from 
vessels and 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 1, 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 
takes 
place 
as 
a 
new 
discharge 
of 
domestic pollutants; 
(7 ) 
After 
the 
Administrator 
of 
the 
United States 
Environmental Protection Agency ceases issuing permits 
for discharges of pollutants to waters of this State 
pursuant to the administrator's authority under 
the 
Federal Water Pollution Control Act, Section 402(c)(1), 
any proposed license to which the administrator has 
formally objected under 40 Code of Federal Regulations, 
Section 123.44, as amended, or any license that would 
not provide for compliance with applicable requirements 
of that Act or regulations adopted thereunder; 
(8) 
Discharges for which the imposition of conditions 
can not ensure compliance with applicable water quality 
requirements of this State or another state; 
(9) 
Discharges that would, 
in 
Secretary of 
the 
United States 
impair anchorage or navigation; 
the 
judgment of the 
Army, 
substantially 
(10) 
Discharges that would be inconsistent with a plan 
or plan amendment 
approved under 
the Federal Water 
Pollution Control Act, Section 208(b); and 
(11) 
Discharges 
that 
would 
cause 
unreasonable 
degradation 
of 
marine 
waters 
or 
when 
insufficient 
information 
exists 
to 
make 
a 
reasonable 
judgment 
whether 
the 
discharge 
would 
degradation of marine waters. 
cause 
unreasonable 
Notwithstanding subparagraph (6), the department may issue a 
wastewater discharge license allowing for an increase in the 
volume or quantity of discharges of domestic pollutants from 
any university, college or school administrative unit sewage 
facility, 
as 
long 
as the university, 
college or 
school 
administrative unit has a wastewater discharge license valid 
on the effective date of this paragraph and the increase in 
discharges does not violate the conditions of subparagraphs 
(1) to (5) and (7) to (11) or other applicable laws. 
Sec. 2. 38 MRSA §465, sub-§l, ,C, as repealed and replaced by 
PL 2003, c. 574, §l, is amended to read: 
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 
were populated by 
a 
distinct population 
Atlantic salmon as determined pursuant to 
are or once 
segment of 
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 
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 
of 
discharge 
subparagraph 
and 
subparagraph (2). 
may issue no more than a total 
licenses 
pursuant 
to 
this 
subsection 
2, 
paragraph 
C, 
(b) 
A discharge license issued pursuant to this 
subparagraph may not be effective for more than 5 
years from the date of issuance. 
(3) 
Aguatic pesticide or chemical discharges approved 
by the department and conducted by the department, the 
Department of Inland Fisheries and Wildlife or an agent 
of 
either 
agency 
for 
the 
purpose 
of 
restoring 
biological communities affected by an invasive species 
are allowed. 
Sec. 3. 38 MRSA §465, sub-§2, ,C, as repealed and replaced by 
PL 2003, c. 574, §2, is amended to read: 
C. 
Except as provided in this paragraph, direct discharges 
to these waters licensed after January 1, 1986 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 are 
allowed to continue only until practical alternatives exist. 
(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. 
(a) 
The department 
of 
discharge 
subparagraph 
and 
subparagraph (2). 
may issue no more than a total 
licenses 
pursuant 
to 
this 
subsection 
1, 
paragraph 
C, 
(b) 
A discharge license issued pursuant to this 
subparagraph may not be effective for more than 5 
years from the date of issuance. 
(3) 
This paragraph does not apply to a~uatic pesticide 
or chemical discharges approved by the department and 
conducted by the department. the Department of Inland 
Fisheries and Wildlife or an agent of either agency for 
the 
purpose 
of 
restoring 
biological 
communities 
affected by an invasive species. 
Sec. 4. 38 MRS A §465, sub-§3, 1(C, as enacted by PL 1985, c. 
698, §15, is amended to read: 
C. 
Discharges to Class B waters 
saa~~ may not cause adverse 
impact to aquatic life in that the receiving waters 
saa~~ 
~ 
be of sufficient quality to support all aquatic species 
indigenous 
to 
the 
receiving 
water 
without 
detrimental 
changes 
in 
the 
resident 
biological 
community. 
This 
paragraph does not apply to aquatic pesticide or chemical 
discharges approved by the department and conducted by the 
department, the Department of Inland Fisheries and Wildlife 
or an agent of either agency for the purpose of restoring 
biological communities affected by an invasive species. 
Sec. 5. 38 MRSA §465, sub-§4, 1(C, as enacted by PL 1985, c. 
698, §15, is amended to read: 
C. 
Discharges to Class C waters may cause some changes to 
aquatic life, p~eviQeQ-taa~ except that the receiving waters 
saall must be of sufficient quality to support all species 
of fish indigenous to the receiving waters and maintain the 
structure 
and 
function 
of 
the 
resident 
biological 
community. 
This 
paragraph 
does 
not 
apply 
to 
aquatic 
pesticide or chemical discharges approved by the department 
and conducted by the department, the Department of Inland 
Fisheries and Wildlife or an agent of either agency for the 
purpose of restoring biological communities affected by an 
inva§ive §pecies. 
Sec. 6. 38 MRSA §46S.A, sub·§l, ,C, as amended by PL 1999, c. 
243, §9, is repealed and the following enacted in its place: 
C. 
There may be no new direct discharge of pollutants into 
Class 
GPA 
waters. 
The 
following 
are 
exempt 
from 
this 
provision: 
(1) 
Chemical discharges for the purpose of restoring 
water quality approved by the department: 
( 2) 
AQuatic pesticide or chemical discharges approved 
by the department and conducted by the department, the 
Dep~rtment of Inland Fi§heries and Wildlife or an agent 
of 
either 
agency 
for 
the 
purpose 
of 
restoring 
biological communities affected by an invasive species: 
.Qlli1 
(3) 
Storm water discharges that are in compliance with 
state and local requirements. 
Discharges into these waters licensed prior to January 1, 
1986 
are 
allowed 
to 
continue 
only 
until 
practical 
alternatives exist. 
Materials 
may not be placed on or 
removed from the shores or banks of a Class GPA water body 
in such a manner that materials may fall or be washed into 
the water or that contaminated drainage may flow or leach 
into tbQse waters, except a§ permitted pursuant to section 
480-C. 
A change of land use in the watershed of a Class GPA 
water bOdy may not, by itself or in combination with other 
activities, cause water quality degradation that impairs the 
characteristics and designated uses of downstream GPA waters 
or causes an increase in the trophic state of those GPA 
waters. 
Sec. 7. 38 MRS A §466, sub-§8-A is enacted to read: 
8-A. 
Invasive 
species. 
"Invasive 
species" 
means 
an 
invasive 
animal 
as 
determined 
by 
the 
Department 
of 
Inland 
Fisheries and Wildlife or an invasive aquatic plant as listed 
under 
section 410-N or 
as 
determined by the department. 
A 
species may be determined to be invasive for all waters or for 
specific waters. 
SUMMARY 
This bill 
amends 
water quality standards 
to 
allow 
the 
Department 
of 
Environmental 
Protection 
to 
approve 
aquatic 
chemical or pesticide discharges for the purpose of restoring 
biological communities affected by invasive species, for Class 
AA, 
A, Band C waters, for tributaries to GPA waters and in 
drainage areas of less than 10 square miles. 
The bill adds 
similar authority for GPA waters and clarifies text. 
The bill 
allows the Department of Environmental Protection to approve a 
chemical treatment to waters with a drainage area of less than 10 
miles for the purpose of restoring water quality in GPA waters. 
The bill adds a definition of "invasive species" to the water 
classification program. 
•