An Act To Amend the Law Concerning Overboard Discharge Systems
Maine Legislature, Session 125, LD 1022
Committee: Environment and Natural Resources
Sponsors: TILTON, SAVIELLO, FITZPATRICK, PARKER
Amends: 38 MRSA §413, 38 MRSA §414, 38 MRSA §414-A

Legislative Document 
No. 1022 
H.P. 758 
House of Representatives, March 10, 2011 
An Act To Amend the Law Concerning Overboard Discharge 
Systems 
(EMERGENCY) 
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative TILTON of Harrington. 
Cosponsored by Senator SAVIELLO of Franklin and 
Representatives: FITZPATRICK of Houlton, PARKER of Veazie. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, since 2003, prior to transferring ownership of property containing an 
overboard discharge system, the parties to the transfer have been required to determine 
the feasibility of technologically proven alternatives to the overboard discharge system.  
If an alternative is identified, the alternative system must be installed and the overboard 
discharge system must be removed; and 
Whereas, parties who transferred ownership of property containing an overboard 
discharge system without determining the feasibility of alternatives and without removing 
the overboard discharge system are subject to substantial penalties until the requirements 
of the law are changed; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  38 MRSA §413, sub-§3, as amended by PL 2009, c. 654, §3, 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 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, except that the parties to 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 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 based on documentation from a licensed site 
evaluator provided by the applicant and approved by the Department of Environmental 
Protection.  The licensed 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 alternative to 
the overboard discharge may be eligible for funding under section 411-A. 
This subsection applies to licenses issued before September 1, 2010. 
Sec. 2.  38 MRSA §413, sub-§3-A, as enacted by PL 2009, c. 654, §4, is repealed. 
Sec. 3.  38 MRSA §414, sub-§3-C is enacted to read: 
3-C.  Outreach to owners of overboard discharge systems.  The department shall 
provide education and outreach to owners of overboard discharge systems on the 
importance of proper maintenance of an overboard discharge system and instruction on 
how to properly maintain an overboard discharge system. 
Sec. 4.  38 MRSA §414-A, sub-§1-B, ¶A, as amended by PL 2009, c. 654, §5, is 
further amended to read: 
A.    The department shall find that the discharge meets the requirements of best 
practicable treatment under this section for purposes of 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. 
(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. 
(4)  If a technologically proven alternative system for an overboard discharge 
from a residence is identified and is not eligible for grant funding according to 
the cost-share schedule under section 411-A, subsection 2-A and the overboard 
discharge is subject to a license that expires on or after July 2, 2010 and prior to 
July 2, 2012, the department may not require the alternative to be installed earlier 
than July 2, 2012. 
(5)  If a technologically proven alternative system for an overboard discharge 
from a commercial establishment is identified and is not eligible for grant 
funding according to the cost-share schedule under section 411-A, subsection 
2-A and the overboard discharge is subject to a license that expires on or after 
July 2, 2010 and prior to July 2, 2012, the department may not require the 
alternative to be installed earlier than July 2, 2012. 
Sec. 5.  Retroactivity.  This Act is retroactive to January 1, 2004. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill removes the requirement that, prior to transferring ownership of property 
containing an overboard discharge system, the parties to the transfer must determine the 
feasibility of technologically proven alternatives to the overboard discharge system and 
install the alternative system if one is identified.  The bill also directs the Department of 
Environmental Protection to provide education and outreach to owners of overboard 
discharge systems.  The bill makes the changes to the law retroactive to January 1, 2004.