An Act To Protect Shellfish Waters and Shellfish Resources from Coastal Pollution
Maine Legislature, Session 123, LD 2160
Committee: Natural Resources
Sponsors: WEBSTER, EDMONDS, ADAMS, AYOTTE, DUCHESNE, EBERLE, FLETCHER, GERZOFSKY, HILL, KOFFMAN, MAZUREK, PERCY, PIEH, PIOTTI, RECTOR, SMITH, WATSON, WHEELER, BARTLETT, BENOIT, DAMON, ROSEN
Amends: 30-A MRSA §4216, 30-A MRSA §4452, 38 MRSA §424-A

Legislative Document 
No. 2160 
H.P.1535 
House of Representatives, January l7, 2008 
An Act To Protect Shellfish Waters and Shellfish Resources from 
Coastal Pollution 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Representative WEBSTER of Freeport. 
Cosponsored by President EDMONDS of Cumberland and 
'711~ /J? 77!0£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: ADAMS of Portland, AYOTTE of Caswell, DUCHESNE of Hudson, 
EBERLE of South Portland, FLETCHER of Winslow, GERZOFSKY of Brunswick, HILL of 
York, KOFFMAN of Bar Harbor, MAZUREK of Rockland, McDONOUGH of Scarborough, 
PERCY of Phippsburg, PIEH of Bremen, PIOTTI of Unity, RECTOR of Thomaston, SMITH 
of Monmouth, WATSON of Bath, WHEELER of Kittery, Senators: BARTLETT of 
Cumberland, BENOIT of Sagadahoc, DAMON of Hancock, ROSEN of Hancock. 
Prmtn.l (lJl rtT;CleJ rarer 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 30-A MRSA §4216, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, 
§ 1 06 and amended by PL 1989, c. 6 and c. 9, §2 and repealed and replaced by c. 104, Pt. 
C, §§8 and 10, is repealed and the following enacted in its place: 
§4216. Transfers of shoreland property 
1. Freshwater shoreland areas. 
Any person transferring property on which a 
subsurface waste water disposal system is located within a freshwater shore land area, as 
described in Title 38, section 435, shall provide the transferee with a written statement by 
the transferor as to whether the system has malfunctioned during the 180 days preceding 
the date of transfer. 
2. Coastal shoreland areas. The following provisions apply to property transferred 
within a coastal shoreland area. 
A. Any person transferring property on which a subsurface waste water disposal 
system is located within a coastal shore land area, as described in Title 38, section 
435, shall provide the transferee with a written statement by the transferor certitying 
that: 
(1) The subsurface waste water disposal system has been inspected during the 3 
years preceding the date of transfer by a person certified by the Department of 
Health and Human Services. The certification must indicate that: 
(a) The subsurface waste water disposal system is not malfunctioning and is 
in compliance with section 4211 and rules adopted under Title 22, section 42; 
or 
(b) 
The subsurface waste water disposal system is malfunctioning. 
A 
subsurface waste water disposal system identified as malfunctioning must be 
repaired prior to the transfer of the property or the repair of the system must 
be a condition of sale agreed to by the transferor and the transferee; or 
(2) It is impossible to perform an inspection of the subsurface waste water 
disposal system prior to the date of transfer. A subsurface waste water disposal 
system that is not inspected prior to transfer pursuant to this subparagraph must 
be inspected and, if the system is malfunctioning, repaired within 1 year after the 
transfer of the property. 
B. 
The certification required under this subsection must be filed with the local 
municipality and the local plumbing inspector. 
Sec. 2. 30-A MRSA §4452, sub-§5, ~, as enacted by PL 1989, c. 104, Pt. A, 
§45 and affected by Pt. C, § 1 0, is amended to read: 
M. 
Local ordinances regarding malfunctioning subsurface waste water disposal 
systems pursuant to section 3428 and laws regarding malfunctioning subsurface 
waste water disposal systems pursuant to Title 38, section 424-A; 
Sec. 3. 38 MRSA §424-A is enacted to read: 
§424-A. Coordination for addressing water quality problems related to subsurface 
waste water disposal systems in shellfish harvesting areas 
1. Notification to local plumbing inspector. If the department or the Department 
of Marine Resources identifies a persistent water quality problem related to a subsurface 
waste water disposal system in a shellfish harvesting area, the agency shall notify the 
local plumbing inspector. 
2. 
Inspections. 
Upon receipt of notification pursuant to subsection 1 and in 
accordance with a process developed by the local plumbing inspector in conjunction with 
the department and the Department of Marine Resources, the local plumbing inspector or 
a person certified to inspect subsurface waste water disposal systems pursuant to rules 
I 
adopted by the Department of Health and Human Services shall inspect per year a 
minimum of 10% of all subsurface waste water disposal systems in the area affected by 
the water quality problem. 
3. Abatement orders. If, as a result of an inspection pursuant to subsection 2, a 
local plumbing inspector determines a subsurface waste water disposal system is 
malfunctioning, the municipality in which the system is located shall issue an abatement 
order to the owner of the property. A copy of the abatement order must be submitted to 
the department. This subsection is enforced primarily at the local level pursuant to Title 
30-A, section 4452. The department may enforce an abatement order. 
The department, in coordination with the Department of Marine Resources, shall 
adopt rules to implement this section. Rules adopted pursuant to this section are routine 
technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 4. Rulemaking for subsurface waste water disposal system inspection 
certification. The Department of Health and Human Services in coordination with the 
Department of Marine Resources and the Department of Environmental Protection shall 
adopt rules establishing the requirements for the certification of individuals to inspect 
subsurface waste water disposal systems. The existing voluntary certification program 
jointly run by the Department of Health and Human Services and Department of 
Environmental Protection must be used as a model for the rules. Individuals certified 
under the existing program must be certified under the rules to be developed under this 
section. Rules adopted pursuant to this section are routine technical rules as defined in 
the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A. 
Sec. 5. Study of additional mechanisms to abate water quality problems 
from malfunctioning subsurface waste water disposal systems and licensed 
overboard discharge systems. The Department of Health and Human Services, the 
Department of Environmental Protection, the Department of Marine Resources and the 
Executive Department, State Planning Office shall jointly develop recommendations on 
strategies to further abate water quality problems that affect shellfish harvesting and 
recreational uses of waters and that are the result of malfunctioning subsurface waste 
water disposal systems or licensed overboard discharge systems. The recommendations 
must be submitted to the joint standing committee of the Legislature having jurisdiction 
over natural resources matters by January 15,2009. 
SUMMARY 
This bill requires a person transferring property containing a subsurface waste water 
disposal system in a coastal shoreland area to provide the transferee with certification that 
the system has been inspected within the last 3 years or that it is impossible to perform an 
inspection prior to the transfer. 
If the system has been inspected and found to be 
malfunctioning, the system must be repaired prior to the transfer or the repair must be a 
condition of sale. If it is impossible to inspect the system prior to the transfer, the system 
must be inspected and, if malfunctioning, repaired within 1 year after the transfer. The 
bill retains the current notification requirements for property transferred in freshwater 
shore land areas. 
The bill creates a process for coordinating resolution of water quality problems 
related to subsurface waste water disposal systems in shellfish harvesting areas, including 
notification, inspection and abatement order requirements. 
The bill also requires the 
Department of Health and Human Services in coordination with the Department of 
Marine Resources and the Department of Environmental Protection to adopt routine 
technical rules establishing requirements for the certification of individuals to inspect 
subsurface waste water disposal systems. The bill also requires the Department of Health 
and Human Services, the Department of Environmental Protection, the Department of 
Marine Resources and the Executive Department, State Planning Office to jointly develop 
recommendations on strategies to further abate water quality problems that affect 
shellfish harvesting and recreational uses of waters and that are the result of 
malfunctioning subsurface waste water disposal systems or licensed overboard discharge 
systems.