An Act To Eliminate Combined Sewer Overflows in Maine Waters
Maine Legislature, Session 125, LD 0261
Committee: Environment and Natural Resources
Sponsors: OLSEN, SAVIELLO, DUNPHY, FITTS, O'CONNOR, SIROCKI, WEAVER, SULLIVAN
Amends: 38 MRSA §464

Legislative Document 
No. 261 
H.P. 214 
House of Representatives, February 1, 2011 
An Act To Eliminate Combined Sewer Overflows in Maine Waters 
(EMERGENCY) 
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative OLSEN of Phippsburg. 
Cosponsored by Senator SAVIELLO of Franklin and 
Representatives: DUNPHY of Embden, FITTS of Pittsfield, MacDONALD of Boothbay, 
O'CONNOR of Berwick, SIROCKI of Scarborough, WEAVER of York, Senator: SULLIVAN 
of York. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, statewide approximately 1.5 to 2.5 billion gallons of untreated combined 
sanitary sewage and storm water are discharged annually from licensed combined sewer 
overflows; and 
Whereas, these discharges impair water quality, close shellfishing areas and 
beaches and threaten drinking water supplies; 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Sec. 1.  38 MRSA §464, sub-§2-B, as enacted by PL 1995, c. 284, §1, is repealed. 
Sec. 2.  38 MRSA §464, sub-§4, ¶A, as amended by PL 2007, c. 291, §1, is 
further amended to read: 
A.  Notwithstanding section 414-A, the department may not issue a water discharge 
license for any of the following discharges: 
(1)  Direct discharge of pollutants to waters having a drainage area of less than 10 
square miles, except that: 
(a)  Discharges into these waters that were licensed prior to January 1, 1986 
are allowed to continue only until practical alternatives exist; 
(b)  Storm water discharges in compliance with state and local requirements 
are exempt from this subparagraph; 
(c)  Aquatic pesticide or chemical discharges approved by the department and 
conducted by the department, the Department of Inland Fisheries and 
Wildlife or an agent of either agency for the purpose of restoring biological 
communities affected by an invasive species are exempt from this 
subparagraph;  
(d)  Chemical discharges for the purpose of restoring water quality in GPA 
waters approved by the department are exempt from this subparagraph; and 
(e)  Discharges of aquatic pesticides approved by the department for the 
control of mosquito-borne diseases in the interest of public health and safety 
using materials and methods that provide for protection of nontarget species 
are exempt from this subparagraph.  When the department issues a license for 
the discharge of aquatic pesticides authorized under this division, the 
department shall notify the municipality in which the application is licensed 
to occur and post the notice on the department's publicly accessible website. 
(2)  New direct discharge of domestic pollutants to tributaries of Class-GPA 
waters; 
(3)  Any discharge into a tributary of GPA waters that by itself or in combination 
with other activities causes water quality degradation that would impair the 
characteristics and designated uses of downstream GPA waters or causes an 
increase in the trophic state of those GPA waters except for aquatic pesticide or 
chemical discharges approved by the department and conducted by the 
department, the Department of Inland Fisheries and Wildlife or an agent of either 
agency for the purpose of restoring biological communities affected by an 
invasive species in the GPA waters or a tributary to the GPA waters; 
(4)  Discharge of pollutants to waters of the State that imparts color, taste, 
turbidity, toxicity, radioactivity or other properties that cause those waters to be 
unsuitable for the designated uses and characteristics ascribed to their class; 
(5)  Discharge of pollutants to any water of the State that violates sections 465, 
465-A and 465-B, except as provided in section 451; causes the "pH" of fresh 
waters to fall outside of the 6.0 to 8.5 range; or causes the "pH" of estuarine and 
marine waters to fall outside of the 7.0 to 8.5 range; 
(6)  New discharges of domestic pollutants to the surface waters of the State that 
are not conveyed and treated in municipal or quasi-municipal sewage facilities.  
For the purposes of this subparagraph, "new discharge" means any overboard 
discharge that was not licensed as of June 1, 1987, except discharges from 
vessels and those discharges that were in continuous existence for the 12 months 
preceding June 1, 1987, as demonstrated by the applicant to the department with 
clear and convincing evidence.  The volume of the discharge from an overboard 
discharge facility that was licensed as of June 1, 1987 is determined by the actual 
or estimated volume from the facilities connected to the overboard discharge 
facility during the 12 months preceding June 1, 1987 or the volume allowed by 
the previous license, whichever is less, unless it is found by the department that 
an error was made during prior licensing.  The months during which a discharge 
may occur from an overboard discharge facility that was licensed as of June 1, 
1987 must be determined by the actual use of the facility at the time of the most 
recent license application prior to June 1, 1987 or the actual use of the facility 
during the 12 months prior to June 1, 1987, whichever is greater.  If the 
overboard discharge facility was the primary residence of an owner at the time of 
the most recent license application prior to June 1, 1987 or during the 12 months 
prior to June 1, 1987, then the facility is considered a year-round residence.  
"Year-round residence" means a facility that is continuously used for more than 8 
months of the year.  For purposes of licensing, the department shall treat an 
increase in the licensed volume or quantity of an existing discharge or an 
expansion in the months during which the discharge takes place as a new 
discharge of domestic pollutants; 
(7)  After the Administrator of the United States Environmental Protection 
Agency ceases issuing permits for discharges of pollutants to waters of this State 
pursuant to the administrator's authority under the Federal Water Pollution 
Control Act, Section 402(c)(1), any proposed license to which the administrator 
has formally objected under 40 Code of Federal Regulations, Section 123.44, as 
amended, or any license that would not provide for compliance with applicable 
requirements of that Act or regulations adopted thereunder; 
(8)  Discharges for which the imposition of conditions can not ensure compliance 
with applicable water quality requirements of this State or another state; 
(9)  Discharges that would, in the judgment of the Secretary of the United States 
Army, substantially impair anchorage or navigation; 
(10)  Discharges that would be inconsistent with a plan or plan amendment 
approved under the Federal Water Pollution Control Act, Section 208(b); and 
(11)  Discharges that would cause unreasonable degradation of marine waters or 
when insufficient information exists to make a reasonable judgment whether the 
discharge would cause unreasonable degradation of marine waters.; and 
(12)  Any combined sewer overflow. 
Notwithstanding subparagraph (6), the department may issue a wastewater discharge 
license allowing for an increase in the volume or quantity of discharges of domestic 
pollutants from any university, college or school administrative unit sewage facility, 
as long as the university, college or school administrative unit has a wastewater 
discharge license valid on the effective date of this paragraph and the increase in 
discharges does not violate the conditions of subparagraphs (1) to (5) and (7) to (11) 
or other applicable laws. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill prohibits the Department of Environmental Protection from licensing 
combined sewer overflows.