An Act To Prevent Algae Blooms in Gulf Island Pond
Maine Legislature, Session 122, LD 1533
Committee: Natural Resources
Sponsors: PINEAU, NUTTING, CLARK, FLETCHER, HOTHAM, JENNINGS, PATRICK, SHERMAN, BRYANT, MARTIN
Amends: 38 MRSA §464

Legislative Document 
No.IS33 
H.P.1078 
House of Representatives, April 4, 2005 
An Act To Prevent Algae Blooms in Gulf Island Pond 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Representative PINEAU of Jay. 
Cosponsored by Senator NUTTING of Androscoggin and 
1ll~/J1·7J2~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: CLARK of Millinocket, FLETCHER of Winslow, HOTHAM of Dixfield, 
JENNINGS of Leeds, PATRICK of Rumford, SHERMAN of Hodgdon, Senators: BRYANT 
of Oxford, MARTIN of Aroostook. 
Printed on =ycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 38 MRSA §464, sub-§lO-A is enacted to read: 
10-A. 
Existing 
hydro~~ impoundments managed as majLor 
river basins: 
recreational use. 
For 
the 
purposes 
of 
water 
quality certification under the Federal Water Pollution Contrpl 
Act, 
Public 
Law 
92-500, 
Section 
401, 
as 
amended, 
and 
the 
licensing of modifications 
under section 636, 
the 
hydropower 
project located at Gulf Island Pond on the water body referenced 
iIl~ection 467, subsection 1'---.]?.a£a.9x.aJ2h A, 
subpar_aqr...aPh (2) i& 
not deemed to have met the recreational use criteria in the 
hydropower project impoundment unless: 
A. 
Monitoring 
and 
foreca~~ng is 
conducted 
of 
water 
conditions, 
including, 
wi thout 
limi tation, 
pmUiphorus, 
nitrogen, oxygen, sediment conditions, temperature and river 
flow, on an ongoing basis; and 
a. 
Changes 
in 
th~~erating regi~n of the 
hydropower 
project are implemented that would. 
based on information 
obtained in paragraph 
A, 
result 
in 
improvement 
of 
the 
suitability 
of 
the 
hydropower 
project 
impoundment 
for 
recreational uses in and on the water, including, without 
limitation, 
mitigation 
of 
algae 
blooms 
resulting 
in 
unsuitable conditions for water contact recreation. 
If the monitoring and forecasting under paragraph A predict the 
likelihood of algae bloom~~~han~~ in the oper9~ing~~imen 
of the hydropower project must be 
implemented immediately to 
prevent 
the 
occurrence 
of 
algae 
blooms. 
For 
purp~ses 
of 
paragraph a, changes include, without limitation, lowering water 
body 
temperature, 
changing 
river 
flow 
or 
implementing 
water 
drawdowns at selected periods during summer stratification of the 
water body. 
All facilities with wastewater discharge licenses that discharge 
phosphorus 
into 
the 
water 
body 
referenced 
in 
section 
467~ 
subsection 1, paragraph A, subparagraph (2) shall fund, on a pro 
rata basis based on wastewater discharge license limits of summer 
biological 
oxygen 
demand 
wastewater 
discharges 
in effect 
on 
January 1, 2005, the development of a real-time monitoring and 
modeling system capable of computing flow fields and nutrient 
water quality parameters sufficient to allow accurate forecasting 
of triggers for drawdown of the hydropower project impoundment to 
prevent algae bloom or anoxic events. 
This modeling, which must 
build on existing department modeling, must be done under the 
supervision of the department and must be completed on or before 
February 
1, 
2006. 
Modification 
to 
the 
protocols 
for 
the 
operating regimen of the hydropower project must be implemented 
on or before May 1, 2006. 
• 
• 
• 
• 
On or before October 15, 
2008, 
the facilities jointly shall 
provide 
a 
report 
to 
the 
joint 
standing 
committee 
of 
the 
Legislature having juriJLdiction over natural resources matters 
documenting the effects of the changes. 
Prior to that date, the 
activities undertaken pursuant to this subsection are in lieu of 
~ 
establishment of any water quality effluent limitation for 
PhQ..s.phorus 
for 
this 
water 
body 
and 
the 
department 
shall 
coordinate with the United States Environmental Protection Agency 
with regard to 
implementing this alternative to establishing 
further phosphorus limits • 
When 
the 
a~tual 
water 
quality 
of 
water 
affected 
subsection attains any more stringent characteristic or 
of 
that water's classification, 
that water 
quality 
maintained and protected. 
SUMMARY 
by 
th-.li 
criteria 
must 
be 
This bill 
requires 
ongoing 
monitoring 
of 
certain water 
quality conditions at the 
hydropower 
project at Gulf 
Island 
Pond. 
It also requires forecasting of water conditions and, if 
required based upon the forecasting, implementation of changes to 
the operating regimen of the hydropower project at Gulf Island 
Dam. 
If the monitoring and forecasting predict the likelihood of 
algae blooms, these changes must be implemented immediately and 
include, without limitation, 
lowering water body temperatures, 
changing river flow or implementing water drawdowns at selected 
periods during summer stratification of the water body. 
These 
changes will improve the suitability of the water body for water 
contact recreation by preventing the algae blooms that contribute 
to unsuitable aesthetic conditions for swimming. 
This bill also 
provides that the wastewater discharge licensees will pay for the 
appropriate monitoring and modeling system in order to implement 
this legislation. 
The 
modeling must 
be 
conducted 
under 
the 
supervision of the Department of Environmental Protection. 
After 
the modeling is complete, this bill provides that this program be 
in place 3 summer seasons prior to consideration of additional 
phosphorus limitations being placed on the wastewater discharge 
licensees.