An Act To Amend Water Quality Standards
Maine Legislature, Session 122, LD 1450
Committee: Natural Resources
Sponsors: MARTIN, BRY ANT, RA YE, CLARK, HOTHAM, PATRICK, PERRY
Amends: 38 MRSA §465, 38 MRSA §465-B

Legislative Document 
No. 1450 
S.P.496 
In Senate, March 22,2005 
An Act To Amend Water Quality Standards 
Submitted by the Department of Environmental Protection pursuant to Joint Rule 204. 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Senator MARTIN of Aroostook. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Senators: BRY ANT of Oxford, RA YE of Washington, Representatives: 
CLARK of Millinocket, HOTHAM of Dixfield, PATRICK of Rumford, PERRY of Calais. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRS A §465, sub-§3, ,B, as enacted by PL 1985, c. 
698, §15, is amended to read: 
B. 
The dissolved oxygen content of Class B waters saall may 
nQt be 
Ret 
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 saall m.gy not be less 
than 9.5 parts per million and the I-day minimum dissolved 
oxygen concentration saall m.gy 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 46+ £l.Q. per 100 milliliters. 
In 
determining human and domestic animal origin, the department 
shall assess licensed and unlicensed sources using available 
di~gnostic procedures. 
Sec. 2. 38 MRSA §465, sub-§4, ,B, as amended by PL 2003, c. 
664, §1, is repealed and the following enacted in its place: 
B. 
The dissolved oxygen content of Class C water may be not 
less 
than 
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. 
In order to provide additional protection for 
the growth of indigenous fish, the following standards apply. 
(1) 
The 30 day average dissolved oxygen criterion of a 
Class 
C 
water 
is 
6.5 
parts 
per 
million 
using 
a 
temperature of 22 
degrees centigrade or the ambient 
temperature of the water body, whichever is less, if: 
(a) 
A license or water Quality certificate other 
than a general permit was issued prior to March 
16, 2004 for the Class C water and was not based 
on 
a 
6.5 
parts 
per 
million 
day 
average 
dissolved oxygen criterion; or 
(b) 
A discharge or a hydropower project was in 
existence on March 16, 2005 and reQuired but did 
not have a license or water Quali ty certi! icate 
other than a general permit for the Class C water. 
I 
" 
.. 
This criterion for the water body applies to licenses 
and water guality certificates issued on or after March 
16, 2004. 
(2) 
In Class C waters not governed by subparagraph 
(l), dissolved oxygen may not be less than 6.5 parts 
per 
million 
as 
a 
30-day 
average 
based 
upon 
a 
temperature of 
degrees centigrade or the ambient 
temperature of the water body, whichever is less. 
This 
criterion for the water body applies to licenses and 
water guality certificates issued on or after March 16, 
2004. 
Between 
May 
15th 
and 
September 
30th, 
the 
numbe r 
f 
Escherichia coli bacteria of 
human 
and 
domestic 
animal 
origin in Class C waters may not exceed a geometric mean of 
per 100 milliliters or an instantaneous level of 236 per 
milliliters. 
In determining human and domestic animal 
origin, the department shall assess licensed and unlicensed 
sources using available diagnostic procedures. 
The board 
shall 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, ,B, as enacted by PL 1985, c. 
698, §15, is amended to read: 
B. 
The dissolved oxygen content of Class SB waters saa±± 
!llJJA.t. be not less than 85% of saturation. 
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 
per 100 milliliters or an 
instantaneous 
level 
of 
per 
milliliters. 
In 
determining human and domestic animal origin, the department 
shall assess licensed and unlicensed sources using available 
diagnostic 
procedures. 
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 
MaR\:I.a±--o-f--GpeFat;~eRsT-~--t--*T 
SaRit;atieR- - --G-:€----She-1-1-f-i-sh----G-£tJW,i~--AFeas, 
Uni ted 
St;at;e 
~epaFt;meRt;-e~ States Food and Drug Administration. 
Sec. 4. 38 MRSA §465-B, sub-§3, ,B, as enacted by PL 1985, c. 
698, §15, is amended to read: 
B. 
The dissolved oxygen content of Class 
must be not less than 70"'0 of saturation. 
SC waters saa±± 
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. 
In 
determining human and domestic animal origin, the department 
shall assess licensed and unlicensed sources using available 
diagnostic 
procedures. 
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 MaR'lia.J.--ef 
GpeFa~ieRsT-~~~--~r-~~~~~~~-SRellfi6R-~~~-AFeas, 
United States Food and Drug Administration. 
SUMMARY 
The bill amends the bacteria standard for class B, C, SB and 
SC waters and removes a reference to an out-of-date manual, upon 
the recommendation of the Department of Marine Resources. 
The bill makes corrections to and clarifies changes in the 
dissolved 
oxygen 
standard that 
was 
enacted 
in 
the 
previous 
session. 
...