An Act To Strengthen the Laws Concerning Surface Water Ambient Toxic Monitoring (AFfER DEADLINE)
Maine Legislature, Session 123, LD 1845
Committee: Natural Resources
Sponsors: PERCY, DAMON, KOFFMAN, MARTIN
Amends: 38 MRSA §420-B

Legislative Document 
No. 1845 
H.P. 1285 
House of Representatives, April 9, 2007 
An Act To Strengthen the Laws Concerning Surface Water Ambient 
Toxic Monitoring 
(AFfER DEADLINE) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Representative PERCY of Phippsburg. 
Cosponsored by Senator DAMON of Hancock and 
71/~'1h.~ 
Mn..L.T.C:~'T M: ~ARLAND 
Clerk 
Representative: KOFFMAN of Bar Harbor, Senator: MARTIN of Aroostook 
Pnll1e..J t II) rt'l:~ c it'Ll papt'r 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRSA §420-B, sub-§l, ~B, as enacted by PL 1993, c. 720, § 1, is 
amended to read: 
B. 
Prepare a work program each year that defines the work to be conducted that 
year toward the objectives of the 5-year plan. This work program must identify 
specific sites, the sampling media and the contaminants that will be tested. 
(1) The commissioner shall consider the following factors when selecting 
monitoring sites for the annual work program: 
(a) The importance of the water body to fisheries, wildlife and humans; 
(b) Known or likely sources of contamination and their relative risk to 
human or ecological health; 
( c) The existence of pending waste discharge licenses affecting the water 
body; 
(d) The availability of reference sites that are relati vely unaffected by human 
activity; 
(e) Anticipated improvement or degradation of the water body; and 
(1) The availability of current, valid data from other sources on the level of 
toxic contamination of the water body. 
(2) The commissioner shall incorporate the following types of testing in thc 
program: 
(a) Monitoring of toxic contaminant levels in biological tissue and water 
body sediments, and monitoring of the water column may be included; 
(b) i\nalysis of the resident biological community in the monitored water 
body; and 
(c) Monitoring of the health of individual organisms that may serve as 
indicators of toxic contamination. 
(3) When selecting the specific toxic substances to be monitored in the annual 
program, the commissioner shall consider: 
(a) Toxic substances that have the potential to affect human or ecological 
health at expected concentrations; 
(b) Toxic substances from both natural and human sources; 
(c) Toxic substances that serve as tracers for human sources of pollution; 
(d) Toxic substances or measures of contamination that may be more cost-
effective indicators of other toxic substances; and 
(e) Toxic substances for which there are analytical test methods approved 
by the United States Environmental Protection Agency or, where such 
methods have not been approved, for v.hich the commissioner detemlines, 
with the assistance of the technical advisory group established under this 
section, that proven, reliable methods have been estabiished. 
The commissioner shall include in the annualvvork program a written statement 
providing the factual basis for the selection of the specific toxic substances to be 
monitored. 
Prior to implementation of the annual work program, the toxic 
substances to be monitored and, if not approved by the United States 
Environmental Protection Agency, the analytical test methods to be used must be 
approved by the technical advisory group by a 2/3 vote. 
(4) 
When determining the intensity of the monitoring effort III the annual 
program, the commissioner shall consider: 
(a) The potential for annual variation in toxic contamination at a monitoring 
site; 
(b) The degree of homogeneity in the materials to be sampled; and 
(c) The uncertainty in observations due to possible systematic and analytic 
error. 
(5) A technical advisory group composed of ++ 11 individuals is established. 
The commissioner shall appoint 2 members with scientific backgrounds in toxic 
contamination or monitoring, ecological assessment or public health from each of 
the following interests: 
business, municipal, conservation, public health and 
academic interests. The President of the Senate and the Speaker of the House of 
Representatives shall j-eint+y appoint as a nonvoting member one ~gislator 
Senator who serves on the joint standing committee of the Legislature having 
jurisdiction over natural resource resources matters. The Speaker of the House 
shall appoint as a nonvoting member one member of the House of 
Representatives who serves on the joint standing committee of the Legislature 
having jurisdiction over marine resources matters. 
The commissioner shall 
appoint the chair from among the voting members. 
A quorum of 6 voting 
members must be present for the conduct of business. Members do not receive 
compensation or reimbursement for expenses. 
The members appointed by the commissioner serve for terms of 3 years except 
that, for the initial appointments, 2 members serve terms of one year, 4 members 
serve terms of 2 years and 4 members serve terms of 3 years. The Legislator 
~ 
Legislators serve for the duration of the Legislature to which the 
Legislator is Legislators are elected. 
The group shall advise the commissioner during the development of the 5-year 
monitoring plan and the annual work programs. 
Sec. 2. 38 MRSA §420-B, sub-§4, as amended by PL 1997, c. 179, §4, is further 
amended to read: 
4. Report. No later than March 31st of each year, the commissioner shall report on 
the monitoring program to the joint standing committee committees of the Legislature 
having jurisdiction over natural resource resources matters and marine resources matters. 
This report must contain: 
A. 
At the start of each 5-year period, the 5-year monitoring plan; 
B. 
The annual work program for the past year and the current year; 
C. 
The commissioner's conclusions as to the levels of toxic contamination in the 
State's waters and fisheries; 
D. 
Any trends of increasing or decreasing levels of contaminants found; and 
E. 
The report on the results of the dioxin monitoring program required under 
section 420-A, subsection 4. 
Sec. 3. Continuance of program. The Commissioner of Marine Resources and 
the Commissioner of Environmental Protection shall jointly prepare a report for 
submission to the Joint Standing Committee on Marine Resources and the Joint Standing 
Committee on Natural Resources no later than January 4, 2008. The report, which may 
include implementing legislation, must provide a detailed plan that ensures a reliable and 
consistent source of funding for the surface water ambient toxic monitoring program 
required under the Maine Revised Statutes, Title 38, section 420-B. 
SUMMARY 
This bill strengthens the surface water ambient toxic monitoring program as it relates 
to inland and coastal waters by: 
1. Altering the membership of the technical advisory group to include a second 
nonvoting legislative member by adding a Legislator who serves on the joint standing 
committee of the Legislature having jurisdiction over marine resources matters; 
2. Requiring submission of the annual report on the monitoring program to the joint 
standing committee of the Legislature having jurisdiction over marine resources matters; 
and 
3. Directing the Commissioner of Environmental Protection and the Commissioner 
of Marine Resources to make a report to the relevant joint standing committees by 
January 4, 2008 identifying a reliable and consistent source of funding for the program.