An Act To
Maine Legislature, Session 125, LD 1022
Committee Amendment CA_A_H151 (House)

COMMITTEE AMENDMENT "A " to H.P. 758, L.D. 1022, Bill, "An Act To 
Amend the Law Concerning Overboard Discharge Systems" 
Amend the bill by striking out everything after the title and before the summary and 
inserting the following: 
'Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRS A §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 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to H.P. 758, L.D. 1022 
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 overboard discharge licenses issued before September 1, 2010. 
Sec. 2. 38 MRS A §413, sub-§3-A, ~~A and B, as enacted by PL 2009, c. 654, 
§4, are amended to read: 
A. Application for transfer of an overboard discharge license must be made no later 
tha.n 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 tenns 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 tenns 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 
remove the overboard discharge system as provided in this paragraph. 
(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 
technologically 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 the overboard discharge that 
is consistent with the plumbing standards adopted by the Department of Health 
and Human Services pursuant 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 W 180 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to H.P. 758, L.D. 1022 
days of property transfer or significant action, 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 4ll-A. On a property transfer, a 
commercial establishment may request an extension of the 9G-tlay 180-day period 
based on information that an extension is necessary due to technical, economic or 
environmental considerations. The department may authorize an extension for a 
commercial establishment for as short an additional period as the department 
considers reasonable but in no case mayan extension be authorized to continue 
beyond the expiration of the current waste discharge license or 2 years from the 
property transfer, whichever is later. Within 10 business days of receipt of a 
complete extension request, the department shall issue a written decision 
approving or denying the extension. 
(4) When the ownership of a property containing an overboard discharge has 
been transferred, the transferee may request from the department a waiver from 
the requirement in subparagraph (3) to install an alternative system. 
The 
department shall grant the waiver upon demonstration by the transferee that the 
transferee's annual income as defined in section 411-A, subsection 2-A is less 
than $25,000. A request for a waiver must be submitted with an application for 
transfer of the overboard discharge license in accordance with paragraph A. 
Nothing in this paragraph requires a municipality to withhold a local permit or 
approval associated with a significant action until the provisions of this paragraph 
have been met.' 
SUMMARY 
This amendment replaces the bill. The 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 an alternative system if one is identified. The 
amendment retains that requirement but makes several changes to it. The amendment 
allows a transferee with an annual income of less than $25,000 to request a waiver from 
the requirement to install an alternative system. The amendment increases the time 
frame, from 90 days of property transfer or significant action to 180 days of property 
transfer or significant action, within which an alternative system to the overboard 
discharge must be installed. The amendment also makes 2 technical corrections to the 
law. First, it clarifies that an application for transfer of an overboard discharge license 
must be made no later than 2 weeks after the transfer of ownership and, second, it 
clarifies that the sentence in the Maine Revised Statutes, Title 38, section 413, subsection 
that limits application of the subsection to licenses issued before September 1, 2010 
only applies to overboard discharge licenses, not all licenses issued by the Department of 
Environmental Protection. 
FISCAL :'\OTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/24111 hac 
LD 1022 
LR 838(02) 
An Act To Amend the Law Concerning Overboard Discharge Systems 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment 'U" 
Committee: Environment and Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Requiring the Department of Environmental Protection CDEP) to grant a waiver for a required alternative overboard 
discharge system when the transferee of such a system has annual income of less than $25,000 may result in minor 
administrative costs to the DEP that can be absorbed within existing budgeted resources. 
LR0838(02) - Fiscal Note - Page I of I