An Act To Improve Water Quality through the Phaseout of Overboard Discharges and the Improvement of the Boat Pump-out Laws
Maine Legislature, Session 124, LD 1573
Committee: Natural Resources
Sponsors: PINGREE, DUCHESNE, MAZUREK, PERCY, VAN WIE, WEBSTER, DAMON, GERZOFSKY, TRAHAN
Amends: 38 MRSA §411-A, 38 MRSA §41, 38 MRSA §413, 38 MRSA §414-A, 38 MRSA §423-B, 38 MRSA §465-B

Legislative Document 
No. 1573 
H.P.llll 
House of Representatives, December 22, 2009 
An Act To Improve Water Quality through the Phaseout of 
Overboard Discharges and the Improvement of the Boat Pump-out 
Laws 
Submitted by the Department of Environmental Protection pursuant to Joint Rule 204. 
Received by the Clerk of the House on December 18,2009. Referred to the Committee on 
Natural Resources pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401. 
Presented by Speaker PINGREE ofNOlih Haven. 
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MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: DUCHESNE of Hudson, MAZUREK of Rockland, PERCY 
of Phippsburg, VAN WIE of New GloLlcester, WEBSTER of Freeport, Senators: DAMON of 
Hancock, GERZOFSKY of Cumberland, TRAHAN of Lincoln. 
Printed 011 n:t:~ dct..l p:lpcr 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRSA §411-A, sub-§l, as enacted by PL 1989, c. 442, § I and 
affected by c. 890, Pt. A, §40 and amended by Pt. B, §25, is repealed and the following 
enacted in its place: 
1. General authority. Subject to the availability of funds under section 411, the 
commissioner shall pay a pOition of an alternative to an overboard discharge system as 
provided in this section. In the event the overboard discharge owner is not eligible for 
complete funding through a grant, the commissioner may loan the balance of the eligible 
alternative system costs not funded through a grant as provided in this section. 
A. Pursuant to the cost-share schedule in subsection 2-A, the commissioner shall pay 
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a portion of the expense of a technologically proven alternative system construction 
project that results in the el imination of an overboard discharge to the waters of the 
State when that elimination is required under section 414-A, subsection I-B. The 
department may not provide grant funds to an overboard discharge owner for the 
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removal of an overboard discharge at a residence unless the residence is the owner's 
primary residence. 
B. If the overboard discharge owner is not eligible for complete funding through a 
grant, the overboard discharge owner may be eligible for funding provided by the 
revolving loan fund established by Title 30-A, section 6006-A as administered 
through the Maine Municipal Bond Bank or its designee for the expense of a 
technologically proven alternative system construction project that results in the 
elimination of an overboard discharge to the waters of the State when that elimination 
is required under section 414-A, subsection I-B. 
C. The costs eligible for payment through a grant or loan under this section include 
the costs that the department requires for abandonment of the overboard discharge 
and the design, engineering and construction costs of the replacement system. Grants 
or loans made under this section may be made directly to the owners of the overboard 
discharges and may also be made to sanitary and sewer districts that have agreed to 
establish operation and maintenance programs for holding tanks within their 
boundaries. 
Sec. 2. 38 MRSA §41l-A, sub-§2-A, as enacted by PL 2003, c. 246, §4, IS 
amended to read: 
2-A. Cost-share. The commissioner shall determine the portion of project expenses 
eligible for grants under this section as follows: 
A. 
For an owner of an overboard discharge with an annual income less than 
$25,000, 100%; 
B. 
For an owner of an overboard discharge with an annual income between from 
$25,000 and to $50,000, 90%; 
C. 
For an owner of an overboard discharge with an annual income behveen from 
$50,001 and to $75,000,50%; 
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D. 
For an .owner of an overboard discharge with an annual income between from 
$75,001 aJ'Iii to $100,000, 35%; 
E. 
For an owner of an overboard discharge with an annual income over $100,000 
from $100,001 to $125,000, 25%; aJ'Iii 
. 
E-1. For an owner of an overboard discharge with an annual income over $125,000, 
$0; and 
F. 
For a publicly owned overboard discharge facility, 50% to a maximum of 
$150,000. 
For purposes of this subsection, "annual income" means the sum of all the property 
owner's federal taKable gross income for the previolls year for single family dwellings, 
individual taxpayers or gross profits for the previous year for commercial establishments 
and gross rents for the previous year for rental.properties, as listed on the relevant federal 
income tax returns. A rental property must be considered a commercial establishment or 
as contributing to annual income depending upon how it is 'reported on the overboard 
discharge owner's taxes. 
"Annual income'" for trusts also includes all individual 
beneficiaries' federal gross incomes or the grantor's gross income. 
Sec. 3. 38 MRSA §413, sub-§3, as amended by PL 2007, c. 292, § 18, is further 
amended to read: 
' 
3. Transfer of ownership. Application for transfer of a license must be made no 
later than 2 weeks after the transfer of ownership or interest. in the source of the discharge 
is completed. If a person possessing a license issued by the depaI1ment transfers the' 
ownership of the property, facility or structure that is the source of a licensed discharge, 
without transfer of the license being approved by the department, the license granted by 
the depaI1ment continues to authorize a discharge within the limits and subject to the 
terms and conditions stated in the license, except that the paI1ies t6 the transfer are jointly 
and severally liable for any violation until such time as the department approves transfer 
or issuance of a waste discharge license to the new owner. The department may in its 
discretion require the new owner to apply for a new license, or may approve transfer of 
the existing license upon a satisfactory showing that the new owner can abide by its terms 
and conditions. 
Except when it has been demonstrated within 5 years prior to a transfer, or some other 
time period acceptable to. the department, that there is no technologically proven 
alternative to an overboard discharge, prior to transfer of ownership of property 
containing an overboard discharge, the paI1ies to the transfer shall determine the 
feasibility of technologically proven alternatives to the overboard discharge that are 
consistent with the plumbing standards adopted by the Department of Health and Human 
Services pursuant to Title 22, section 42 based on documentation from a licensed site 
evaluator provided by the applicant and approved by the DepaI1ment of Environmental 
Protection. 
the licen"sed site evaluator shall demonstrate experience in designing 
replacement systems for overboard discharge. 
If an alternative to the overboard 
discharge is identified, the alternative system must be installed within 90 days of property 
transfer, except that, if soil conditions are poor due to seasonal weather, the alternative 
may be installed as soon as soil conditions permit. The installation of an altemative to 
the overboard discharge may be eligible for funding under section 41 I-A .. 
This Sll bsection applies to licenses issued before September l, 2010. 
Sec. 4. 38 MRSA §413, sub-§3-A is enacted to read: 
3-A .. Transfer of ownership, significant expansion, division and public sewer 
connection. 
Beginning September 1, 2010, if property containing an overboard 
discharge is transferred or a significant action is proposed, the following procedures 
apply. 
For purposes of this subsection, "significant action" means significant 
reconstruction of the primary residence, expansion of the primary residence by 30%, 
division of the lot or transfer of the adjacent lot when the same person has a financial 
interest in the lot with the primary residence and the adjacent lot. 
A. If a person possessing a license issued by the department transfers the ownership 
of the property, facility or structure that is the source of a licensed discharge without 
transfer of the license being approved by the department, the license granted by the 
department continues to authorize a discharge within the limits and subject to the _ 
terms and conditions stated in the license as long as the parties to the transfer are 
jointly and severally liable for any violation thereof until such time as the department 
approves transfer or issuance of a waste discharge license -to the new owner. The 
department'may in its discretion require the new owner to apply for a new license or 
may approve transfer of the existing license upon a satisfactory showing that the new 
owner can abide by its terms and conditions. 
B.· If there is a transfer, or if a significant action is proposed, the owner of an 
overboard discharge must conduct an alternatives analysis and may be required to 
. 22rembve the overboard discharge system as provided in this paragraph. 
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(1) Except when it has been demonstrated within 5 years prior to a transfer, or 
some other time period acceptable to the department, that there is no 
technologically proven alternative to an overboard discharge, prior to transfer of 
ownership of property containing an overboard discharge, the parties to the 
transfer shall determine the feasibility of technologically proven alternatives to 
the overboard discharge that are consistent with the plumbing standards adopted 
by the Department of Health and Human Services pursuant to Title 22, section 
42. 
(2) Except when it has been demonstrated within 5 years prior to the significant 
action, or some other time period acceptable to the department, that there is no 
techl'lOlogically proven alternative to an overboard discharge, prior to the 
. significant action the owner of the overboard discharge shall determine the 
feasibility of a technologically proven alternative to th-e overboard discharge that 
is consistent with the plumbing standards adopted by the Department of Health 
and Human Servicespursuant to Title 22, section 42. 
(3) The determination concerning whether there is a technologically proven 
alternative to an . overboard discharge must be based on documentation from a 
licensed site evaluator provided by the applicant and approved by the Department 
of Environmental Protection that the' system constitutes a best practicable 
treatment under section 414-A, subsection I-B. If an alternative to the overboard 
discharge is identified, the alternative system must be installed within 90 days of 
property transfer or significant action, except that, if soil conditions are poor due 
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to seasonal weather, the alternative may be installed as soon as soil conditions 
permit. The installation of an alternative to the overboard discharge may be 
eligible for fundIng under section 411-A: 
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C. 
An· overboard discharge must be removed without regard to available funding 
from the department where connection to a public sewer is practicable. 
Sec. 5. 38 MRSA §414-A, sub-§l-B, as amended byPL 2003, c. 246, §§ 10 to 13 
and c. 689, Pt. B, §6, is further amended to read: 
I-B. Licensing of overboard discharges. The following provisions sflaU govern the 
relicensing- licensing of overboard discharges. 
. 
A. 
The department shall find that the discharge meets the requirements of best 
practicable treatment under this section for purposes of relicensing licensing when it 
finds that there are no technologically proven alternative methods of wastewater 
disposal consistent with the plumbing code adopted by the Department of Health and 
Human Services pursuant to Title 22, section 42 that will not result in an overboard 
discharge, based 'on documentation from a licensed site evaluator provided by the 
applicant and approved by the department. The licensed site evaluator shall 
demonstrate experience in designing replacement systems for overboard discharges. 
If a technologically proven alternative is identified, the alternative must be installed 
,tVithin 180 days of the application's being- accepted by the department, subject to 
availability of funding under section 4 11 A. 
If the applicant is not eligible for 
funding under section 411 A, the alternative system must be installed 'within .180 
days. 
If the applicant is eligible for funding but no funding is available,. the 
installation of an alternative system may be postponed until funding is available. 
(1) The department's finding must be based on documentation from a licensed 
site evaluator provided by the overboard discharge owner and approved by the 
department. The licensed site evaluator shall demonstrate experience in designing 
replacement systems for overboard discharges. 
(2) If a technologically proven alternative system is identified and is eligible for 
grant funding according to the cost-share schedule under section 411-A and grant 
funding is available, the alternative system must be installed within 180 days of 
written notification from the department, unless soil conditions are poor due to 
seasonal weather, in which case the alternative may be installed as soon as soil 
conditions permit. 
(3) If a technologically proven alternative system eligible for grant funding 
according to the cost-share schedule is identified and funding is not available, 
then the owner of the overboard discharge is not required to install the system 
until grant funds are available or as provided in section 413, subsection 3. The 
department may determine that grant funds are not available when there are 
insufficient funds available for all alternative systems and the alternative system 
is not one of the systems identified as a priority for funding from available grant 
funds by the department. 
B. 
For the purposes of this subsectio'1, the department may not require the 
installation or use of wastewater holding tanks as a "technologically proven 
alternative method of wastewater disposal" except in the following cases: 
(1) Seasonal residential overboard discharges that are located on the mainland or 
on any island connected to the li1ainlqnd by vehicle bridge or by scheduled car 
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ferry service, when the elimination of the discharge alone or in conjunction with 
the elimination of other discharges will result in the opening of a shellfish 
harvesting area or the removal of a public nuisance condition; 
(2) All overboard discharges located within the boundaries of a sanitary or sewer 
district when the district has agreed to service and inaintain the holding tank at an 
annual fee that does not exceed those fees charged to other similar users of the 
district's services who are physically connected to the sewers of the district; and 
(3) 
AIl overboard discharges located within the municipality when the 
municipality has agreed to service and maintain the holding tank at an annual fee 
that does not exceed those fees charged to other similar users of the 
municipality's services who are physically connected to the sewers of the 
municipality. 
E. 
At the time of each relicensing of an overboard discharge, the depa11ment shall 
impose all conditions necessary to meet the requirements of th is section and all other 
relevant laws . 
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Sec. 6. 38 MRSA §423-B, sub-§2, as enacted by ·PL 1999, c. 655, Pt. B, § I, is 
amended to read: 
2. Pump-out facilities required. A marina serving coastal or inland waters shall 
provide a pump-out facility or provide through a written contractual agreement approved 
by the commissioner a facility to remove sanitary waste from the holding tanks of 
watercraft. The pump-out facility must be easily accessible and flinctional during normal 
working hours and at all stages of the tide. The fee charged by the marina is limited to 
200% of the fee limit set pursuant to the federal Clean Vessel Act of 1992, 50 Code of 
Federal Regulations, Section 85.11 (2008) regardless of the pump-out facility funding 
source. 
Sec. 7. 38 MRSA §465-B, sub-§l, 'TIC, as amended by PL 2007, c. 291, §6, is 
further amended to read: 
C. 
There may be no direct discharge of pollutants to Class SA waters, except for the 
foIlowing: 
(I) Storm water discharges that are in compliance with state and local 
requirements;·aJffi. 
(2) Discharges of aquatic pesticides approved by the department for the controLof 
mosquito~borne diseases in the interest of public health and safety using materials 
and methods that provide for protection of nontarget species. 
When the 
. department issues a license for the discharge of aquatic pesticides authorized· 
under this subparagraph, the department shall notify the municipality in which 
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the application is licensed to occur and post the notice on the department's 
publicly accessible website~; and 
(3) An overboard discharge licensed prior to January 1, 1986 if no practicable 
alternative exists. 
SUMMARY 
The bill does the following. 
It provides that, subject to the availability of funds, the Commissioner of 
Environmental Protection pays a p0l1ion of the cost of the alternative to an overboard 
discharge system in the form of a grant if celiain criteria are met. Where the grant is 
insufficient to cover the cost of removal, the commissioner may offer a loan using funds 
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from the revolving loan fund. 
It sets an upper limit on income eligibility for funding to assist the owner of an 
overboard discharge and makes several changes and clarifications to the meaning of 
"annual income." 
It clarifies the ownership transfer provisions and requires an alternatives analysis and 
possible replacement of an overboard discharge prior to significant reconstruction of the 
primary residence, expansion of the primary residence by 30%, division of the lot or 
transfer of the adjacent lot where the same person has a financial interest in the lot with 
the primary residence and the adjacent lot. 
Also, an alternative system to an overboard 
discharge must be removed where connection to a public sewer is practicable. 
It changes references to "relicensing" overboard discharges to "licensing" and 
requires that an identified technologically proven replacement system be installed within 
days of site evaluation approval and written notification by the Department of 
Environmental Protection. It also provides that the overboard discharge owner may apply 
for funding and provides for the postponement of replacement system installation should 
grant funding not be available. 
The bill requires that watercraft sanitary waste pump-out facilities at marinas be 
easily accessible and functional during normal working hours and at all stages of the tide. 
The bill also sets an upper limit on the pump-out fee equivalent to 200% of the fee limit 
set pursuant to the Clean Vessel Act of 1992. 
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The bill also allows the licensing of existing overboard discharges that have no 
practicable alternatives.