An Act To Enable Municipal Assistance for Purposes of Protecting or Restoring Public Waters (AFTER DEADLINE)
Maine Legislature, Session 124, LD 1311
Committee: Natural Resources
Sponsors: DUCHESNE, GOODALL, EBERLE, NASS
Amends: 23 MRSA §3106

FIRST PJ:GULAR SESSION-2009 
Legislative'Document 
No. 1311 
H.P.914 
House of Representatives, March 31, 2009 
An Act To Enable Municipal Assistance for Purposes of Protecting 
or Restoring Public Waters 
(AFTER DEADLINE) 
Approved for introduction by a majority of the LegislativeCouncil pursuant to Joint Rule 
205. 
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Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Representative DUCHESNE of Hudson. 
Cosponsored by Senator GOODALL of Sagadahoc and 
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/J1·mlLC~{ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: EBERLE of South' Portland, KNAPP DfGorham, Senator: NASS of York. 
Printcli on rccyclcJ pnpcr 
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Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 23 MRSA §3106 is enacted to read: 
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__ §3106. Municipal assistance for purposes of protecting or restoring a great pond 
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R.epairs to a private road. A municipality may repair a private road, way 'or 
bridge to prevent storm water runoff pollution from reaching a great pond as defined in 
Title 38, section 480-B, subsection 5 for a fee or through the expenditure of public funds 
if: 
A. The private road, way or bridge is within the watershed of the great pond; 
B. The great pond: 
(1) Is listed on the Department of Environmental Protection's list of bodies of 
water most at risk pursuantto Title 38, section 420-D, subsection 3; 
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(2) Has been listed as impaired in an integrated water quality monitoring and 
assessment report submitted by the Department of Environmental Protection to 
the United States Environmental Protection Agency pursuant to the federal Clean 
Water Act, 33 United States Code, Section BI5Cb) at least once since 2002; or 
(3) 
'Is identified as having threats to water quality in a completed watershed 
survey that, uses a protocol accepted by the Department of Environmental 
Protection; 
C. The Department of Environmental Protection or the municipality determines that 
the private road, way or bridge is contributing to the degradation of the water quality 
of the great pond based upon an evaluation of the road, way or bridge using a 
protocol accepted by the department; 
D. The repair complies with best management practices required by the Department 
of Environmental Protection; and 
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E. The private· road, way or bridge is maintained by a road association organized 
under this subchapter or Title 13-B. 
2. R.ules. The Department of Environmental Protection may adopt rules to carry out 
the purposes of this section. 
Rules adopted pUrsuant to this subsection are routine 
technical rules pursuant to Title 5, chapter 375, subchapter 2-A. 
SUMMARY 
This bill allows a municipality to repair a private road, way or bridge for a fee or 
through the expenditure of public funds to protect the water quality of a great pond if the 
following criteria are met: 
1. 
The private road, way or bridge is in the watershed of the great pond; 
2. The great pond is listed by the Department of Environmental Protection as a body 
of water most at risk or as impaired in a report to the United States Environmental 
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Protection· Agency or the department identifies the great pond as having threats to its 
water quality in a watershed survey; 
3. 
The Department of Environmental Protection or the municipality determines the 
private road, way or bridge is contributing to the degradation of the great pond's water 
quality; 
4. 
The repair complies with best management practices as required by the 
Department of Environmental Protection; and 
5. 
The private road, way or bridge is maintained by a statutorily established road 
association.