An Act To Sustain Maine's Core Wastewater Licensing Program and Adjust Related Provisions
Maine Legislature, Session 123, LD 2235
Committee: Natural Resources
Sponsors: KOFFMAN, MARTIN
Amends: 38 MRSA §352, 38 MRSA §353-B

Legislative Document 
No. 2235 
H.P.1596 
House of Representatives, February 28,2008 
An Act To Sustain Maine's Core Wastewater Licensing Program 
and Adjust Related Provisions 
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 Representative KOFFMAN of Bar Harbor. 
Cosponsored by Senator MARTIN of Aroostook. 
Printed on rt~(,;yded paper 
111~ 
'frJ.1J?d£~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRSA §352, sub-§5-A, as amended by PL 2007, c. 399, §9, is further 
amended to read: 
5-A. Accounting system. In order to detennine the extent to which the functions set 
out in this section are necessary for the licensing process or are being performed in an 
efficient and expeditious manner, the commissioner shall require that all employees of the 
department involved in any aspect of these functions keep accurate and regular daily time 
records. These records must describe the matters worked on, services performed and the 
amount of time devoted to those matters and services, as well as amounts of money 
expended in performing those functions. Records must be kept for a sufficient duration 
of time as detennined by the commissioner to establish to the commissioner's satisfaction 
that the fees are appropriate. 
TABLE I 
MAXIMUM FEES IN DOLLARS 
TITLE 36 
SECTION 
656, sub-§ 1, ~, Pollution Control 
Facilities 
A. Water pollution control 
facilities with capacities at least 
4,000 gallons of waste per day and 
§ 1760, sub-§29, water pollution 
control facilities 
B. Air pollution control and 
§ 1760, sub-§30, air pollution 
control facilities 
TITLE 38 
SECTION 
PROCESSING 
FEE 
$250 
PROCESSING 
FEE 
$50 
CERTIFICATION 
FEE 
LICENSE 
FEE 
$20 
$0 
344, sub-§7, Permit by rule 
, Waste discharge licenses 
See section 353-B 
420-D, Storm water management 
Page I - 123LR3341(Ol)-1 
A. If structural means of storm 
~400 for the first 
$100 for the first 
water control are used 
acre of disturbed 
acre of disturbed 
area, Qlus ~200 for 
area, Qlus $50 for 
each additional 
each additional 
whole acre of 
whole acre of 
disturbed area 
disturbed area 
B. If solely vegetative means of 
~200 for the first 
$50 for the first 
storm water control are used 
acre of disturbed 
acre of disturbed 
area, Qlus $100 for 
area, Qlus ~25 for 
each additional 
each additional 
whole acre of 
whole acre of 
disturbed area 
disturbed area 
C. When a Qermit by rule is 
$55 
none 
reguired 
If a Qroject described in QaragraQh A or B is reviewed and aQQroved by a 
Qrofessional engineer at a soil and water conservation district office that has a 
memorandum of understanding with the deQartment concerning review of 
Qrojects Qursuant to this section, the total aQQlicable fee is reduced to a 
Qrocessing fee of $100 for the first acre of disturbed area, Qlus a license fee of 
$50 for each additional whole acre of disturbed area. 
480-E, Natural resources protection 
A. Any alteration of a protected 
natural resource, except coastal 
wetlands and coastal sand dunes, 
causing less than 20,000 square 
feet of alteration of the resource 
B. Any alteration of a coastal 
wetland causing less than 20,000 
square feet of alteration of the 
resource 
C. Any alteration of a protected 
. 015/sq. ft. 
.005/sq. ft . 
natural resource, except coastal 
alteration 
alteration 
sand dunes, causing 20,000 square 
feet or more of alteration of the 
resource 
C-I. Significant groundwater well 
4,577 
1,961 
C-2. Activity within a community 
public water supply primary 
protection area~ 
D. Any alteration of a coastal sand 
3,500 
1,500 
dune 
E. Condition compliance 
F. Minor modification 
485-A, Site location of development 
A. Residential subdivisions 
1. Affordahle housing 
50/10t 
50/10t 
2. On public water and sewers 
175/10t 
175/10t 
3. All Other 
250/10t 
250/10t 
B. Industrial parks 
460/10t 
460/10t 
C. Mining 
1,500 
1,000 
D. Structures 
4,000 
2,000 
E. Other 
1,000 
1,000 
543, Oily waste discharge 
560, Vessels at anchorage 
587, Ambient air quality or emissions 
5,050 
l3 
standards variances 
590, Air emissions licenses 
See section 353-A 
633, Hydropower projects 
A. New or expanded generating 
450IMW 
50/MW 
capacity 
B. Maintenance and repair or 
other structural alterations not 
involving an increase in generating 
capacity 
United States Code, Chapter 26, 
Water Quality Certifications, in 
conjunction with applications for 
hydropower project licensing or 
relicensing 
A. Initial consultation 
1,000 
B. Second consultation 
1,000 
C. Application 
1. Storage 
1,000 
2. Generating 
300IMW 
50IMW 
l304, Waste management 
A. Septage disposal 
1. Site designation 
B. Land application of sludges and 
residuals program approval 
1. Industrial sludge 
2. Municipal sludge 
3. Bioash 
4. Wood ash 
5. Food waste 
6. Other residuals 
C. Landfill 
1. Closing plans for secure 
1,500 
1,500 
landfills 
2. Closing plans for 
attenuation landfills 
3. Post-closure report 
4. Preliminary information 
reports 
5. License transfers 
6. Special waste disposal 
a. One-time disposal of 
quantities of 6 cubic yards 
or less 
b. One-time disposal of 
quantities greater than 6 
cubic yards 
c. Program approval for 
routine disposal of a 
special waste 
7. Minor revision for secure 
land fills landfills 
8. Minor revision for 
attenuation landfills 
9. Public benefit determination 
D. Incineration facility 
2. License transfer 
E. License transfer other than for 
landfills and incinerators 
F. Minor revision for septage 
facilities and solid waste facilities 
other than landfills 
G. Permit by rule for one-time 
activities 
TABLE II 
WASTE MANAGEMENT FEES - ANNUAL LICENSE 
MAXIMUM FEES IN DOLLARS 
TITLE 38 
PROCESSING 
ANNUAL 
SECTION 
FEE 
LICENSE FEE 
1304, Waste management 
A. Septage disposal 
1. Landsprcading 
$550 
$250 
2. Storage 
B. Residuals compost facility 
1. Type I 
3. Type II and Type III less 
than 3,500 cubic yards 
5. Type II and Type III 3,500 
1,400 
cubic yards or greater 
C. Land application of sludges and 
residuals 
1. Sites with program approval 
a. Industrial sludge 
b. Municipal sludge 
c. Bioash 
d. Wood ash 
e. Food waste 
f. Other residuals 
2. Sites without program 
approval 
a. Industrial sludge 
b. Municipal sludge 
c. Bioash 
d. Wood ash 
e. Food waste 
f. Other 
131O-N, Solid waste facility siting 
A. Landfill 
1. Existing, nonsecure 
3,500 
1,000 
municipal solid waste landfills 
accepting waste from fewer 
than 15,000 people 
2. Existing, nonsecure 
3,500 
3,500 
municipal solid waste landfills 
accepting waste from more 
than 15,000 people 
3. New or expanded for secure 
5,000 
8,500 
landfill 
5. Nonsecure wood waste or 
demolition debris landfills, or 
both, if less than or equal to 6 
acres 
B. Incineration facilities 
1. New or expanded for the 
acceptance of municipal or 
special wastes, or both 
2. Municipally owned and 
operated solid waste 
incinerators with licensed 
capacity of 10 tons per day or 
less 
c. Transfer station and storage 
facility 
D. Tire storage facility 
F. Processing facility other than 
municipal solid waste compo sting 
G. Beneficial use activities other 
than agronomic utilization 
3. Fuel substitution 
4. Beneficial use without risk 
assessment 
5. Beneficial use with risk 
assessment 
H. Permit by rule for ongoing 
activities 
3,500 
3,500 
1,400 
5,000 
1,000 
Sec. 2. 38 MRS A §353-B, sub-§l, as enacted by PL 1997, c. 794, Pt. B, §7, is 
amended to read: 
1. Fees assessed. After the effective date of this section, licensees must pay annual 
waste discharge license fees consisting of a base or minimum pffis fee, an annualized 
license renewal service fee and amounts from paragraph B, reflecting the quantity of 
pollutants actually discharged or licensed to be discharged and from paragraph C, in 
consideration of the potential for water quality impact. 
A. 
A base fee is and an annualized license renewal service fee are assessed for the 
categories of waste discharge licenses identified in subsection 2, paragraph A. When 
a license authorizes discharges in more than one category, only the largest base fee 
and the associated annualized license renewal service fee may be applied to the 
license. 
When discharge fees described in paragraph B are not applicable or 
appropriate for a particular license group or discharge activity, only the base ~ 
and annualized license renewal service fees are assessed. 
B. 
In addition to the base fee amount and annualized license renewal service fee 
amounts, fees are assessed in consideration of the quantity and nature of pollutants 
discharged. When data are available, average daily discharge quantities are used in 
computing fees for conventional and nonconventional pollutants discharged from 
publicly owned sanitary and industrial process wastewater sources. When data are 
not available and for other pollutants and categories, fees are determined using the 
discharge limits established in a waste discharge license. 
C. 
L'1 addition to the base, annualized license renewal service and discharge fees 
described in paragraphs A and B, fees may be assessed for the following. 
(1) The base fee may be increased by a factor reflecting the initial dilution of an 
effluent as discharged to the receiving water. This assessment is applied to 
publiely owned sanitlH'Y nonresidential domestic wastewater and industrial 
process wastewater sources licensed for more than 50,000 gallons per day and 
having initial dilutions of less than 1,000 to one, except those sources where the 
licensed flow is less than 50,000 gallons per day and the initial dilution is greater 
than 50 to one. The assessment is determined by multiplying the applicable base 
fee times 1.5 divided by the square root of the chronic dilution factor. 
(2) When a license authorizes multiple discharge points from the same location, 
there is an additional fee of$35 per discharge point. 
D. 
If there are no discharges pursuant to a waste discharge license during an entire 
year, only the base .fee-.is and annualized license renewal service fees are assessed for 
that year plus applicable water quality impact and multiple discharge points 
adjustments from paragraph C may be assessed. 
E. 
If a licensee continues to disch::trge following expiration of the license, the 
licensee shall continue to pay any applicable waste discharge license fees provided 
for in this section. This paragraph does not authorize the discharge and does not 
affect the applicability of any penalty or enforcement provision. 
Sec. 3. 38 MRSA §353-B, sub-§2, as amended by PL 2005, c. 602, § 1, is further 
amended to read: 
2. Maximum fee amounts and rates. Waste discharge license fees are as set out in 
this section. 
A. 
The base, annualized license renewal service and maximum fees that may be 
assessed to categories of discharge activities are as follows. 
Discharge Group 
Base fee not 
Maximum 
Annualized 
to exceed 
fee for 
license 
individual in 
renewal 
group 
service fee 
PHeliely e't',cHee 
annHal fee 
~ 
aeae 
treatmeHt faeilities, 
greater teaH 9,QQQ 
galleHs per eay eHt 
less teaa ~ millieH 
galieHs per eay aHe 
He sigaifieaHt 
iHeHstrial "',taste 
Publicly owned 
annual fee 
$6G$67 
$-l-&O none 
$150 
treatment facilities, 
&;GOO 10,000 
gallons per day or 
less 
Publicly owned 
annual fee 
$219 
none 
$150 
treatment facilities, 
more than 10,000 
gallons 12er day to 
0.1 million gallons 
12er day 
Publicly owned 
annual fee 
$219 
none 
$225 
treatment facilities, 
more than 0.1 
million gallons 12er 
day to 1.0 million 
gallons 12er day 
Publicly owned 
annual fee 
$219 
none 
$450 
treatment facilities, 
more than 1.0 
million gallons Qer 
day to 5.0 million 
gallons Qer day 
Publicly owned 
annual fee 
$770 
none 
$650 
treatment facilities, 
greater than 5 
million gallons per 
day or with 
significant 
industrial waste 
Major industrial 
annual fee 
$1,850 
none 
$650 
facility, process 
wastewater (based 
on EPA list of 
major source 
discharges) 
Other industrial 
annual fee 
$630 
none 
$300 
facility, process 
wastewater 
Food handling or 
annual fee 
$315 
$2,100 
$150 
packaging waste-
water 
Fish rearing facility 
annual fee 
~$288 
$-l-,4OO 
$300 
over 0.1 million 
$1,753 
gallons Qer day 
Fish rearing facility 
annual fee 
$288 
$400 
none 
0.1 million gallons 
Qer day or less 
Marine aguaculture 
annual fee* 
$288 
none 
facility 
Noncontact cooling 
annual fee 
$90 
$7,000 
$60 
water 
Industrial or 
annual fee 
$115 
$2,100 
$150 
commercial 
sources, 
miscellaneous or 
incidental non-
process wastewater 
Municipal 
annual fee 
$115 
$1,400 
$150 
combined sewer 
overflow 
Sanitary 
annual fee 
$60 
$1,200 
$300 
wastewater, 
excluding 
overboard 
discharge 
Sanitary overboard 
annual fee 
$210 
$1,200 
discharge, 
commercial sources 
Sanitary overboard 
annual fee 
$175 
discharge, 
residential sources 
gallons per day 
and less 
Sanitary overboard 
annual fee 
$200 
$600 
discharge, 
residential sources 
more than 600 
gallons per day 
Sanitary overboard 
annual fee 
$210 
$500 
discharge, public 
sources 
Aquatic pesticide 
annual fee* 
$200 
$370 
application 
Snow dumps 
annual fee* 
$125 
$150 
Salt and sand 
annual fee* 
$150 
$225 
storage pile 
Log storage permit 
annual fee* 
$200 
$150 
General permit 
annual fee* 
$300 
coverage for 
industrial storm 
water discharges 
(except 
construction) 
l3 
General Qermit 
annual fee* 
$125 
none 
coverage for 
marine aguaculture 
facility 
General permit 
annual fee* 
$100 
$30 
coverage (other) 
Experimental 
license fee* 
$500 
$225 
discharge license 
MiRing New or 
flat fee* 
$4,000 
amended mixing 
zone, in addition to 
other applicable 
fees 
Formation of 
flat fee* 
$300 
sanitary district 
Transfer of license 
flat fee* 
$100 
for residential or 
commercial 
sanitary wastewater 
*Discharge or license quantity fees do not apply to these categories. 
When a license authorizes multiple discharge points in different categories in the 
same license, the total maximum fee for the license may not exceed the maximum fee 
for the most significant category plus 1/2 of the maximum fee for each of the other 
applicable categories. 
B. The annual rate per unit for various pollutants and groups of discharges used in 
computing discharge and license quantity fees may not exceed the limits set out in 
this paragraph. When a license authorizes the discharge of pollutants fitting more 
than one category, the appropriate fee is due for each group and type of pollutant. 
License group or type of pollutant 
Conventional pollutants, license rate 
Conventional pollutants, discharge rate 
Conventional pollutants, primary 
treatment only 
Conventional pollutants, food handling 
or packing facilities 
Nonconventional or toxic pollutants 
Heat (as licensed flow x temperature x 
8.34) 
Flow: fish rearing facilities 
Flow: combined sewer overflows (based 
on treatment facility design) 
Flow: nonprocess from industrial or 
commercial sources 
Flow: publicly owned treatment 
facilities, greater than ~ 
10,000 
gallons per day 
Flow: process from industrial or 
commercial sources 
Flow: treated storm water 
Flow: sanitary, from commercial sources 
excluding overboard discharge 
Rate 
$1.25 per pound 
$2.40 per pound 
$0.55 per pound 
$0.05 per pound 
Variable* 
$0.045 per million BTU 
$45 per million gallons 
$55 per million gallons 
$175 per million gallons 
$630 per million gallons 
$630 per million gallons 
$17.50 per million gallons 
$0.02 per gallon 
Flow: from publicly owned facilities, 
~ 
10,000 gallons per day or less 
Flow: sanitary from overboard discharge 
$0.02 per gallon 
$0.05 per gallon 
*The license rate per pound is $10.50 divided by the licensed effluent concentration 
in miligrams milligrams per liter. The discharge rate per pound is $21 divided by the 
licensed effluent concentration in miligrams milligrams per liter. 
For the purposes of this section, the term "conventional pollutant" means oxygen-
demanding compounds, suspended or dissolved solids, oil and grease. The term 
"nonconventional pollutants" means other chemical constituents subject to fees. 
Excluded from fees are the following: 
pH, residual chlorine, settleable solids, 
bacteria, whole effluent toxicity tests, color, any compound without numeric license 
limitations and effluent concentrations reported as being below acceptable detection 
limits. 
Annual discharge or license quantity fees may be calculated using either pounds of 
pollutants or allowable flow, as is most appropriate for the circumstances of a 
particular discharge category, situation or location. 
License limits may be 
supplemented by applications and related supporting materials when necessary to 
calculate effluent quantities or concentrations. 
Sec. 4. 38 MRS A §353-B, sub-§6, as enacted by PL 1997, c. 794, Pt. B, §7, is 
repealed. 
Sec. 5. 38 MRS A §420-D, sub-§12, as enacted by PL 2005, c. 219, §7, 1S 
repealed. 
SUMMARY 
This bill moves storm water management law fees from the storm water management 
law into the Department of Environmental Protection's fee schedule and breaks existing 
fees into processing and certification or license fees consistent with other fees. 
This bill amends wastewater discharge fees. 
This bill provides that when a waste discharge licensee continues to discharge 
following expiration of a license, the license fees must continue to be paid. This provision 
is not intended to amend or affect any existing enforcement or penalty provision. 
The bill repeals the Maine Revised Statutes, Title 38, section 353-B, subsection 6, 
which established fees that applied during the initial year after the effective date of Title 
38, section 353-B.