An Act To Specify Phosphorus Limits for Gulf Island Pond
Maine Legislature, Session 122, LD 0818
Committee: Natural Resources
Sponsors: NUTTING, MAKAS, COWGER, ROTUNDO, EBERLE, KOFFMAN, SMITH, WALCOTT
Amends: 38 MRSA §414-D

Legislative Document 
No. 818 
S.P.273 
In Senate, February 16,2005 
An Act To Specify Phosphorus Limits for Gulf Island Pond 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Senator NUTTING of Androscoggin. 
Cosponsored by Representative MAKAS of Lewiston and 
JOY 1. O'BRIEN 
Secretary of the Senate 
Senators: COWGER of Kennebec, ROTUNDO of Androscoggin, Representatives: EBERLE of 
South Portland, KOFFMAN of Bar Harbor, SMITH of Monmouth, WALCOTT of Lewiston. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRSA §414-D is enacted to read: 
§414-D. 
Phosphorus control for Gulf Island Pond 
1. 
Phosphorus control for Gulf Island Pond: finding. 
The 
Legislature finds that rigorous control of phosphorus pollutants 
discharged into Gulf Island Pond-.Qn the Androscoggin River is 
necessary for the protection of water resources, to prevent algae 
blooms that impair recreation in-and on the water and to improve 
dissolved oxygen levels in Gulf Island Pond. 
2. 
Limits 
on 
phosphorus 
discharge. 
The 
cumulative 
discharge of phosphorus at the entrance to Gulf Island Pond at 
the Twin Bridges based upon a monthly average for May 1st to 
September 
30th from all sources 
regu~r~ng a 
waste 
discharge 
license pursuant to section 413 or the federal Water Pollution 
Control Act Amendments of 1972 may not exceed: 
A. 
Three hundred and seventeen pounds per day of total 
phosphorus; and 
B. 
Fifty pounds per day of orthophosphorus. 
3. 
Waste dis_charge liceX\ses. 
By November 
15, 
2005, 
the 
department 
shall 
issue 
waste 
discharge 
licenses 
pursuant 
to 
section 413 or deny applications for reissuance of all expired 
licenses 
for 
the 
continuation 
of 
discharges 
contributing 
phosphorus to Gulf Island Pond. 
Each license issued on or after 
November 
1, 
2005 
for 
a 
discharge 
found 
to 
contribute 
to 
nonattainment of the discharge limits under subsection 2 must 
provide for re9Uctions in the cumulative discharge of phosphorus 
so that the limits on phosphorus discharges in subsection 2 are 
met within the 5-year license period. 
4. 
Federal 
Environmental 
Protection Agency 
approval of 
phosphorous 
load. 
The 
limits 
on 
phosphorous 
discharges 
in 
subsection 
and license reguirements 
in subsection 
apply 
unless 
the 
department 
issues 
and 
the 
federal 
Environmental 
Protection Agency approves, before or after the effective date of 
this section, 
a total maximum daily load of phosphorous that 
prevents algae blooms that impair recreation in and on the water 
and improves the dissolved oxygen levels in Gulf Island Pond. 
The total maximum daily load approved under this subsection must 
be implemented through the waste discharge licenses and water 
guality certifications of all facilities that contribute to the 
nonattainment of dissolved oxygen criteria or the nonattainment 
of the designated use of recreation in and on the water. 
The 
implementation of the total maximum daily load does not reguire 
• 
• 
• 
• 
• 
• 
rulemaking. 
For purposes of this subsection, 
"total maximum 
daily load" means the amount of phosphorus discharge permitted to 
enter 
an 
impaired 
water 
body 
such 
that 
the 
water 
quality 
standards will be met, and the impairment removed, when discharge 
limits are held to this amount. 
5. 
Effective date. 
This section takes effect November 1, 
~ 
SUMMARY 
This bill specifies standards for the cumulative discharge 
of phosphorus, both in terms of phosphorus and orthophosphorus, 
for licensed waste discharges into Gulf Island Pond. 
The bill 
requires the Department of Environmental Protection to deny or 
reissue all expired licenses for continuation of waste discharges 
contributing phosphorus 
to 
Gulf 
Island Pond 
by November 
15, 
2005. 
Each licensee found to contribute to nonattainment of the 
standards contained in this bill must provide for phosphorus 
reductions so the standards are met within the 5-year license 
period. 
Alternatively, the bill allows the department to specify 
a standard based upon an EPA-approved total maximum daily load 
that does not cause algae blooms in Gulf Island Pond .