An Act To Make Minor Changes and Corrections to Statutes Administered by the Department of Environmental Protection
Maine Legislature, Session 128, LD 1473
Committee: Environment and Natural Resources
Sponsors: TUCKER
Amends: 32 MRSA §4171, 32 MRSA §4174, 32 MRSA §4179, 38 MRSA §342, 38 MRSA §347-C, 38 MRSA §361-A, 38 MRSA §411, 38 MRSA §420, 38 MRSA §490-Y, 38 MRSA §496-A, 38 MRSA §568-A, 38 MRSA §3102, 38 MRSA §465-A, 38 MRSA §467, 38 MRSA §468, 38 MRSA §469

Legislative Document
No. 1473
H.P. 1012
House of Representatives, April 18, 2017
An Act To Make Minor Changes and Corrections to Statutes 
Administered by the Department of Environmental Protection
Submitted by the Department of Environmental Protection pursuant to Joint Rule 204.
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative TUCKER of Brunswick.
Be it enacted by the People of the State of Maine as follows: 
PART A 
Sec. A-1.  32 MRSA §4171, sub-§2-A is enacted to read: 
2-A.  Commissioner.  "Commissioner" means the Commissioner of Environmental 
Protection. 
Sec. A-2.  32 MRSA §4174, as amended by PL 2011, c. 206, §2, is further 
amended to read: 
§4174.  Examination; criteria; standards 
The commissioner shall hold at least one examination each year for the purpose of 
examining candidates for certification at a time and place designated by the 
commissioner. 
The board commissioner shall establish the criteria and conditions for the 
classification of wastewater treatment plants or systems, using as a basis the standards 
established by the New England Water Pollution Control Association. 
The board commissioner shall establish by rule the qualifications, conditions and 
licensing standards and procedures for the certification of individuals to act as operators. 
The Department of Environmental Protection may allow an operator to review with 
department staff an operator certification test that the operator has completed in order to 
identify subject areas for which questions were answered incorrectly and further study is 
advisable. 
Sec. A-3.  32 MRSA §4179, first ¶, as amended by PL 1989, c. 890, Pt. A, §7 and 
affected by §40, is further amended to read: 
The Board of Environmental Protection commissioner shall adopt rules which that 
include, but are not limited to, provisions establishing the basis for classification of 
treatment plants in accordance with section 4172 and provisions establishing 
requirements for certification and procedures for examination of candidates. 
Sec. A-4.  38 MRSA §342, sub-§11-B, as amended by PL 2011, c. 538, §2, is 
further amended to read: 
11-B.  Revoke or suspend licenses and permits.  After Notwithstanding Title 5, 
section 10051, after written notice and opportunity for a hearing pursuant to Title 5, 
chapter 375, subchapter 4, the commissioner may act to revoke or suspend a license 
whenever the commissioner finds that: 
A.  The licensee has violated any condition of the license; 
B.  The licensee has obtained a license by misrepresenting or failing to disclose fully 
all relevant facts; 
C.  The licensed discharge or activity poses a threat to human health or the 
environment; 
D.  The license fails to include any standard or limitation legally required on the date 
of issuance; 
E.  There has been a change in any condition or circumstance that requires revocation 
or suspension of a license; 
F.  There has been a change in any condition or circumstance that requires a 
corrective action or a temporary or permanent modification of the terms of the 
license; 
G.  The licensee has violated any law administered by the department; or 
H.  The license fails to include any standard or limitation required pursuant to the 
federal Clean Air Act Amendments of 1990. 
For the purposes of this subsection, "license" includes any license, permit, order, approval 
or certification issued by the department and "licensee" means the holder of the license. 
Sec. A-5.  38 MRSA §347-C, as amended by PL 1997, c. 794, Pt. A, §6, is 
repealed and the following enacted in its place: 
§347-C.  Right of inspection and entry 
Employees and agents of the department may: 
1.  Property.  Enter any property at reasonable hours in order to inspect the property 
to take samples, inspect records relevant to any regulated activity or conduct tests as 
appropriate to determine compliance with any laws administered by the department or the 
terms and conditions of any order, regulation, license, permit, approval or decision of the 
commissioner or of the board; and 
2.  Buildings.  Enter any building with the consent of the property owner, occupant 
or agent, or pursuant to an administrative search warrant, in order to inspect the property 
or structure, including the premises of an industrial user of a publicly owned treatment 
works, and to take samples, inspect records relevant to any regulated activity or conduct 
tests as appropriate to determine compliance with any laws administered by the 
department or the terms and conditions of any order, regulation, license, permit, approval 
or decision of the commissioner or of the board. 
Sec. A-6.  38 MRSA §361-A, sub-§1-J, as amended by PL 2009, c. 121, §6, is 
further amended to read: 
1-J.  Code of Federal Regulations.  "Code of Federal Regulations" means the 
codification of regulations published in the Federal Register by the Federal Government, 
and includes those regulations effective on or before July 1, 2009 2016. 
Sec. A-7.  38 MRSA §361-A, sub-§1-K, as amended by PL 2009, c. 121, §7, is 
further amended to read: 
1-K.  Federal Water Pollution Control Act.  "Federal Water Pollution Control Act" 
means federal Public Law 92-500 or 33 United States Code, Sections 1251 et seq., 
including all amendments effective on or before July 1, 2009 2016. 
Sec. A-8.  38 MRSA §411, 5th ¶, as affected by PL 1989, c. 890, Pt. A, §40 and 
amended by Pt. B, §24, is further amended to read: 
State grant-in-aid participation under this section is limited to grants for waste 
treatment facilities, interceptor systems and collector systems and outfalls. The word 
"expense" does not include costs relating to land acquisition or debt service, unless 
allowed under federal statutes and regulations. 
Sec. A-9.  38 MRSA §420, sub-§1-B, ¶C, as enacted by PL 2001, c. 418, §3, is 
amended to read: 
C.  The department may establish a site-specific bioaccumulation factor for mercury 
when there is sufficient information to indicate that a site-specific bioaccumulation 
factor will be protective of human health and wildlife.  A site-specific 
bioaccumulation factor may only be established: 
(1)  As part of a licensing proceeding pursuant to section 413 by the board 
department; or 
(2)  As part of a remediation or corrective action plan, license or order approved 
either by the department pursuant to section 1301, 1304, 1319, 1364 or 1365, or 
by the United States Environmental Protection Agency under federal law with the 
concurrence of the department. 
Sec. A-10.  38 MRSA §420, sub-§2, as amended by PL 2011, c. 194, §2, is 
further amended to read: 
2.  Toxic or hazardous substances. Any other toxic substance in any amount or 
concentration greater than that identified or regulated, including complete prohibition of 
such substance, by the board department. In identifying and regulating such toxic 
substances, the board department shall take into account the toxicity of the substance, its 
persistence and degradability, the usual or potential presence of any organism affected by 
such substance in any waters of the State, the importance of such organism and the nature 
and extent of the effect of such substance on such organisms, either alone or in 
combination with substances already in the receiving waters or the discharge. As used in 
this subsection, "toxic substance" shall mean means those substances or combination of 
substances, including disease causing disease-causing agents, which that after discharge 
or upon exposure, ingestion, inhalation or assimilation into any organism, including 
humans either directly through the environment or indirectly through ingestion through 
food chains, will, on the basis of information available to the board department either 
alone or in combination with other substances already in the receiving waters or the 
discharge, cause death, disease, abnormalities, cancer, genetic mutations, physiological 
malfunctions, including malfunctions in reproduction, or physical deformations in such 
organism or their its offspring. 
A.  Except as naturally occurs or as provided in paragraphs B and C, the board 
department shall regulate toxic substances in the surface waters of the State at the 
levels set forth in federal water quality criteria as established by the United States 
Environmental Protection Agency pursuant to the Federal Water Pollution Control 
Act, Public Law 92-500, Section 304(a), as amended. 
B.  The board department may change the statewide criteria established under 
paragraph A for a particular toxic substance established pursuant to the Federal Water 
Pollution Control Act, Public Law 92-500, Section 304(a), as amended, as follows: 
(1)  By adopting site-specific numerical criteria for the toxic substance to reflect 
site-specific circumstances different from those used in, or any not considered in, 
the derivation of the statewide criteria.  The board department shall adopt site-
specific numerical criteria only as part of a licensing proceeding pursuant to 
sections 413, 414 and 414-A; or 
(2)  By adopting alternative statewide criteria for the toxic substance.  The 
alternative statewide criteria must be adopted by rule. 
The board department may substitute site-specific criteria or alternative statewide 
criteria for the criteria established in paragraph A only upon a finding that the site-
specific criteria or alternative statewide criteria are based on sound scientific rationale 
and are protective of the most sensitive designated use of the water body, including, 
but not limited to, human consumption of fish and drinking water supply after 
treatment. 
C.  When surface water quality standards are not being met due to the presence of a 
toxic substance for which no water quality criteria have been established pursuant to 
the Federal Water Pollution Control Act, Section 304(a), as amended, the board 
department shall: 
(1)  Adopt statewide numerical criteria by rule; or 
(2)  Adopt site-specific numerical criteria as part of a licensing proceeding under 
sections 413, 414 and 414-A. 
Nothing in this section restricts the authority of the board department to adopt, by 
rule, statewide or site-specific numerical criteria for toxic substances that are not 
presently causing water quality standards to be violated. 
D.  For any criteria established under this subsection, the board department shall 
establish the acceptable level of additional risk of cancer to be borne by the affected 
population from exposure to the toxic substance believed to be carcinogenic. 
E.  In regulating substances that are toxic to humans, including any rulemaking to 
regulate these substances, the board department shall consider any information 
provided by the Department of Health and Human Services. 
F.  The Department of Health and Human Services may request that the board 
department adopt or revise the statewide or site-specific criteria for any toxic 
substance based on the need to protect public health.  If the request is filed with the 
board department, the board department may propose a rule and initiate a rule-
making proceeding.  The board department shall incorporate in its proposal for 
rulemaking under this paragraph the statewide or site-specific criteria recommended 
by the Department of Health and Human Services. 
G.  Numeric water quality criteria for 2, 3, 7, 8-tetrachlorodibenzo-p-dioxin 
established by the United States Environmental Protection Agency under the Federal 
Water Pollution Control Act, Public Law 92-500, Section 304(a), as amended, do not 
apply until June 1, 1991, and only apply on that date if the board department has not 
adopted through rulemaking or individual licensing proceedings under this section 
alternative numeric water quality criteria for 2, 3, 7, 8-tetrachlorodibenzo-p-dioxin.  
Pursuant to section 414-A, subsection 2, the board department shall establish 
schedules for compliance with criteria established under this section.  These 
schedules must be consistent with the compliance deadlines established under the 
Federal Water Pollution Control Act, Public Law 92-500, Section 304(l), as amended. 
H.  Notwithstanding paragraphs D and G, the board department may not adopt any 
numeric water quality criteria for, or acceptable level of additional cancer risk from 
exposure to, 2, 3, 7, 8-tetrachlorodibenzo-p-dioxin prior to January 1, 1994. 
I.  Notwithstanding any other provision of this section, the following standards apply 
only to a bleach kraft pulp mill, referred to in this paragraph as a "mill." 
(1)  After July 31, 1998, a mill may not have a detectable quantity of 2, 3, 7, 8-
tetrachlorodibenzo-p-dioxin as measured in any internal waste stream of its 
bleach plant.  For purposes of compliance, the detection level is 10 picograms per 
liter, unless the department adopts a lower detection level by rule, which is a 
routine technical rule pursuant to Title 5, chapter 375, subchapter 2-A, or a lower 
detection level by incorporation of a method in use by the United States 
Environmental Protection Agency. 
(2)  After December 31, 1999, a mill may not have a detectable quantity of 2, 3, 
7, 8-tetrachlorodibenzo-p-furan as measured in any internal waste stream of its 
bleach plant.  The commissioner may extend this time frame up to 6 months for a 
mill if the commissioner determines, based on information presented by the mill, 
that compliance is not achievable by the deadline due to engineering constraints, 
availability of equipment or other justifiable technical reasons.  For purposes of 
compliance, the detection level is 10 picograms per liter, unless the department 
adopts a lower level of detection by rule, which is a routine technical rule 
pursuant to Title 5, chapter 375, subchapter 2-A, or a lower detection level by 
incorporation of a method in use by the United States Environmental Protection 
Agency.  If a mill fails to achieve this requirement, as documented by 
confirmatory sampling, it shall conduct a site-specific evaluation of feasible 
technologies or measures to achieve it.  This evaluation must be submitted to the 
commissioner within 6 months of the date of confirmatory sampling and include 
a timetable for implementation, acceptable to the commissioner, with an 
implementation date no later than December 31, 2002.  The commissioner may 
establish a procedure for confirmatory sampling. 
(3)  After December 31, 2002, a mill may not discharge dioxin into its receiving 
waters.  For purposes of this subparagraph, a mill is considered to have 
discharged dioxin into its receiving waters if 2, 3, 7, 8-tetrachlorodibenzo-p-
dioxin or 2, 3, 7, 8-tetrachlorodibenzo-p-furan is detected in any of the mill's 
internal waste streams of its bleach plant and in a confirmatory sample at levels 
exceeding 10 picograms per liter, unless the department adopts a lower detection 
level by rule, which is a routine technical rule pursuant to Title 5, chapter 375, 
subchapter 2-A, or a lower detection level by incorporation of a method in use by 
the United States Environmental Protection Agency, or if levels of dioxin, as 
defined in section 420-B, subsection 1-A, paragraph A detected in fish tissue 
sampled below the mill's wastewater outfall are higher than levels in fish tissue 
sampled at an upstream reference site not affected by the mill's discharge or on 
the basis of a comparable surrogate procedure acceptable to the commissioner.  
The commissioner shall consult with the technical advisory group established in 
section 420-B, subsection 1, paragraph B, subparagraph (5) in making this 
determination and in evaluating surrogate procedures.  The fish-tissue sampling 
test must be performed with differences between the average concentrations of 
dioxin in the fish samples taken upstream and downstream from the mill 
measured with at least 95% statistical confidence.  If the mill fails to meet the 
fish-tissue sampling-result requirements in this subparagraph and does not 
demonstrate by December 31, 2004 and annually thereafter to the commissioner's 
satisfaction that its wastewater discharge is not the source of elevated dioxin 
concentrations in fish below the mill, then the commissioner may pursue any 
remedy authorized by law. 
(4)  For purposes of documenting compliance with subparagraphs (1) and (2) the 
internal waste stream of a bleach plant must be sampled twice per quarter by the 
mill.  The department may conduct its own sampling and analysis of the internal 
waste stream of a bleach plant.  Analysis of the samples must be conducted by a 
3rd-party laboratory using methodology approved by the United States 
Environmental Protection Agency.  A mill shall report to the department for 
informational purposes the actual laboratory results including sample detection 
limits on a frequency to be established by the commissioner. 
The commissioner shall assess the mill for the costs of any sampling performed 
by the department and any analysis performed for the department under this 
paragraph and credit funds received to the Maine Environmental Protection Fund. 
The commissioner may reduce the frequency of sampling required by a mill after 
consecutive years of sampling have demonstrated the mill does not have a 
detectable quantity of 2, 3, 7, 8-tetrachlorodibenzo-p-dioxin or 2, 3, 7, 8-
tetrachlorodibenzo-p-furan. 
J.  Notwithstanding any other provision of law to the contrary, the department shall 
use a one in 10,000 risk level when calculating ambient water quality criteria for 
inorganic arsenic. 
Sec. A-11.  38 MRSA §490-Y, first ¶, as amended by PL 2007, c. 297, §9, is 
further amended to read: 
Except as provided in section 484-A, a person intending to create or operate a quarry 
under this article must file a notice of intent to comply before the total area of excavation 
of rock or overburden on the parcel exceeds one acre excavated since January 1, 1970.  
Both reclaimed and unreclaimed areas are added together in determining whether this 
one-acre threshold is exceeded.  A notice filed under this section must be complete, 
submitted on forms approved by the department and mailed to the municipality where the 
quarry is located, the department, the Maine Historic Preservation Commission and each 
abutting property owner.  The notice that is mailed to the municipality and each abutting 
property owner must be sent by certified mail at least 7 days before the notice of intent to 
comply is filed with the regulator.  The notice that is mailed to the department must be 
sent by certified mail, return receipt requested.  Upon receiving the postal receipt, the 
owner or operator may commence operation of the quarry.  The municipality where the 
proposed quarry is located may submit comments to the department if the proposed 
quarry may pose an unreasonable adverse impact under the standards in section 490-Z.  
Within 30 days of receipt of the notice of intent to comply, the department shall respond 
to the comments made by the municipality.  Abutting property owners, the Maine 
Historic Preservation Commission or other interested persons may submit comments 
directly to the department. 
Sec. A-12.  38 MRSA §496-A, 2nd ¶, as affected by PL 1989, c. 890, Pt. A, §40 
and amended by Pt. B, §104, is further amended to read: 
The commission may administer programs of training and certification for such 
personnel, and may make classifications thereof. Any certificate issued by the 
commission shall must be accepted by this State and all agencies and subdivisions thereof 
of the State as conclusive evidence that the holder has the training, education and 
experience necessary for certification for the class of position or responsibility described 
therein in the certificate.  The Board of Environmental Protection may impose and the 
Commissioner of Environmental Protection may administer any other requirements for 
certification within any applicable provisions of law, but the commissioner shall may not 
reexamine or reinvestigate the applicant for a certificate with respect to the applicant's 
training, education or experience qualifications. 
Sec. A-13.  38 MRSA §568-A, sub-§3, as enacted by PL 1989, c. 865, §15 and 
affected by §§24 and 25, is amended to read: 
3.  Exemptions from deductible.  The commissioner may waive the deductible 
requirement for an applicant's personal residence if the commissioner determines that the 
applicant does not have the financial resources to pay the deductible.  The board 
commissioner shall adopt rules to determine the standards to be used to assess an 
applicant's ability to pay this deductible. 
Sec. A-14.  38 MRSA §3102, sub-§9, as enacted by PL 2015, c. 166, §14, is 
amended to read: 
9.  Hard cider.  "Hard cider" means a beverage produced by fermentation of the 
juice of fruit, including, but not limited to, flavored, sparkling or carbonated cider that 
contains not less than 1/2 of 1% alcohol by volume and not more than 7% 8.5% alcohol 
by volume. 
PART B 
Sec. B-1.  38 MRSA §465-A, first ¶, as affected by PL 1989, c. 890, Pt. A, §40 
and amended by Pt. B, §64, is further amended to read: 
The department shall have one standard for the classification both of great ponds and 
of natural lakes and ponds less than 10 acres in size.  Impoundments of rivers that are 
defined as great ponds pursuant to section 480-B are classified as GPA or as specifically 
provided in sections 467 and 468. 
Sec. B-2.  38 MRSA §465-A, sub-§1, as amended by PL 2013, c. 193, §4, is 
further amended to read: 
1.  Class GPA waters.  Class GPA shall be is the sole classification both of great 
ponds and of natural lakes and ponds and lakes less than 10 acres in size.  
A.  Class GPA waters must be of such quality that they are suitable for the designated 
uses of drinking water after disinfection, recreation in and on the water, fishing, 
agriculture, industrial process and cooling water supply, hydroelectric power 
generation, navigation and as habitat for fish and other aquatic life.  The habitat must 
be characterized as natural. 
B.  Class GPA waters must be described by their trophic state based on measures of 
the chlorophyll "a" content, Secchi disk transparency, total phosphorus content and 
other appropriate criteria. Class GPA waters must have a stable or decreasing trophic 
state, subject only to natural fluctuations, and must be free of culturally induced algal 
blooms that impair their use and enjoyment.  The number of Escherichia coli bacteria 
of human and domestic animal origin in these waters may not exceed a geometric 
mean of 29 per 100 milliliters or an instantaneous level of 194 per 100 milliliters. 
C.  There may be no new direct discharge of pollutants into Class GPA waters.  The 
following are exempt from this provision: 
(1)  Chemical discharges for the purpose of restoring water quality approved by 
the department; 
(2)  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;  
(3)  Storm water discharges that are in compliance with state and local 
requirements;  
(4)  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.  When the 
department issues a license for the discharge of aquatic pesticides authorized 
under this subparagraph, 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; and 
(5)  Discharges of pesticides approved by the department that are: 
(a)  Unintended and an incidental result of the spraying of pesticides; 
(b)  Applied in compliance with federal labeling restrictions; and 
(c)  Applied in compliance with statute, Board of Pesticides Control rules and 
best management practices. 
Discharges into these waters licensed prior to January 1, 1986 are allowed to continue 
only until practical alternatives exist.  Materials may not be placed on or removed 
from the shores or banks of a Class GPA water body in such a manner that materials 
may fall or be washed into the water or that contaminated drainage may flow or leach 
into those waters, except as permitted pursuant to section 480-C.  A change of land 
use in the watershed of a Class GPA water body may not, by itself or in combination 
with other activities, cause water quality degradation that impairs the characteristics 
and designated uses of downstream GPA waters or causes an increase in the trophic 
state of those GPA waters. 
Sec. B-3.  38 MRSA §467, sub-§3, ¶B, as amended by PL 2005, c. 330, §11, is 
further amended to read: 
B.  East Machias River, tributaries - Class A unless otherwise specified.  
(1)  All tributaries entering below the Route 191 bridge in Jacksonville, except as 
specified in subparagraph (7) - Class B. 
(2)  Beaverdam Brook, also known as Beaverdam Stream - Class AA. 
(3)  Seavey Brook in Crawford - Class AA. 
(4)  Harmon Brook in Crawford - Class AA. 
(5)  Northern Stream in Township 19 Eastern Division - Class AA. 
(6)  Creamer Brook in Township 19 Eastern Division - Class AA. 
(7)  Clifford Brook, also known as Clifford Stream, in Marion Township - Class 
AA. 
Sec. B-4.  38 MRSA §467, sub-§5, ¶B, as amended by PL 2003, c. 663, §3, is 
further amended to read: 
B.  Machias River, tributaries - Class A unless otherwise specified.  
(1)  All tributaries entering below Route 1A in Whitneyville - Class B. 
(2)  Mopang Stream, from the outlet of Mopang Second Lake to its confluence 
with the Machias River - Class AA. 
(3)  Old Stream, from the outlet of First Lake to its confluence with the Machias 
River - Class AA. 
(4)  West Branch of the Machias River, from the outlet of Lower Sabao Lake to 
its confluence with the Machias River - Class AA. 
(5)  New Stream, in Northfield and Wesley - Class AA. 
(6)  Crooked Stream, also known as Crooked River - Class AA. 
(7)  Fletcher Brook in Township 36 Middle Division - Class AA. 
(8)  Magazine Brook in Township 43 Middle Division - Class AA. 
(9)  Bowles Brook in Day Block Township 31 Middle Division - Class AA. 
(10)  Chain Lakes Stream in Day Block Township 31 - Class AA. 
(11)  Pembroke Stream in Day Block Township 31 Middle Division - Class AA. 
(12)  Holmes Brook in Northfield - Class AA. 
(13)  Bog Brook - Class AA. 
(14)  Pineo Brook in Wesley - Class AA. 
(15)  Black Brook in Township 25 Middle Division - Class AA. 
Sec. B-5.  38 MRSA §467, sub-§5-A, ¶A, as enacted by PL 1993, c. 32, §1, is 
amended to read: 
A.  Medomak River, main stem. 
 (1)  From its source in the Town of Liberty to the Wagner Bridge Road in the 
Town of Waldoboro - Class A. 
 (2)  From the Wagner Bridge Road in the Town of Waldoboro to the bridge at 
old Route 1 tidewater - Class B. 
Sec. B-6.  38 MRSA §467, sub-§6-A, ¶B, as amended by PL 2003, c. 317, §11, 
is further amended to read: 
B.  Narraguagus River, tributaries - Class A unless otherwise specified. 
(1)  All tributaries entering below the river's confluence with the West Branch - 
Class B. 
(2)  West Branch of the Narraguagus River in T.22 M.D. B.P.P., T.16 M.D. 
B.P.P., T.10 S.D. B.P.P. and Cherryfield - Class AA. 
(3)  Baker Brook - Class AA. 
(4)  Pork Brook - Class AA. 
(5)  Schoodic Brook - Class AA. 
(6)  Shorey Brook - Class AA. 
(7)  West Branch Stream in Township 34 Middle Division - Class AA. 
(8)  Gould Brook in Township 28 Middle Division - Class AA. 
(9)  Rocky Brook in Devereaux Township - Class AA. 
(10)  Sinclair Brook in Devereaux Township - Class AA. 
(11)  Humpback Brook in Township 28 Middle Division - Class AA. 
(12)  Little Narraguagus River in Township 22 Middle Division - Class AA. 
(13)  Great Falls Branch downstream of Route 193 in Deblois, excluding any 
tributaries - Class AA. 
(14)  Lawrence Brook - Class AA. 
Sec. B-7.  38 MRSA §467, sub-§7, ¶F, as amended by PL 2009, c. 163, §6, is 
further amended to read: 
F.  Penobscot River, minor tributaries - Class B unless otherwise specified. 
(1)  Cambolasse Stream (Lincoln) below the Route 2 bridge - Class C. 
(2)  Great Works Stream (Bradley) and its tributaries above the Route 178 bridge 
- Class A. 
(3)  Kenduskeag Stream (Bangor) below the Bullseye Bridge - Class C. 
(4)  Mattanawcook Stream (Lincoln) below the outlet of Mattanawcook Pond - 
Class C. 
(5)  Olamon Stream and its tributaries above the bridge on Horseback Road - 
Class A. 
(6)  Passadumkeag River and its tributaries - Class A, unless otherwise specified. 
(a)  Passadumkeag River from the Pumpkinhill Dam to its confluence with 
the Penobscot River - Class AA. 
(b)  Ayers Brook - Class AA. 
(7)  Souadabscook Stream above head of tide - Class AA. 
(7-A)  Souadabscook Stream, tributaries of - Class B, unless otherwise specified. 
(a)  West Branch Souadabscook Stream (Hampden, Newburgh) - Class A. 
(b)  Brown Brook (Hampden) - Class A. 
(8)  Sunkhaze Stream and its tributaries - Class AA. 
(9)  Birch Stream - Class A. 
(10)  Hemlock Stream - Class A. 
(11)  Mattamiscontis Stream and its tributaries - Class A. 
(12)  Medunkeunk Stream - Class A. 
(13)  Rockabema Stream - Class A. 
(14)  Salmon Stream - Class A. 
(15)  Salmon Stream in Winn - Class A. 
(16)  Little Salmon Stream in Medway - Class A. 
(17)  Narrimissic River, also known as Narramissic River, in Bucksport and 
Orland, including all impoundments - Class B. 
Sec. B-8.  38 MRSA §467, sub-§9, ¶B, as amended by PL 2009, c. 163, §7, is 
further amended to read: 
B.  Presumpscot River, tributaries - Class A unless otherwise specified. 
(1)  All tributaries entering below the outlet of Sebago Lake - Class B. 
(2)  Crooked River and its tributaries, except as otherwise provided, excluding 
existing impoundments - Class AA. 
(3)  Stevens Brook (Bridgton) - Class B. 
(4)  Mile Brook, also known as Mill Brook, (Casco) - Class B. 
Sec. B-9.  38 MRSA §467, sub-§15, ¶C, as amended by PL 2009, c. 163, §10, is 
further amended to read: 
C.  Aroostook River Drainage. 
(1)  Aroostook River, main stem. 
(a)  From the confluence of Millinocket Stream and Munsungan Stream to 
the Route 11 bridge - Class AA. 
(b)  From the Route 11 bridge to the Sheridan Dam - Class B. 
(c)  From the Sheridan Dam to its confluence with Presque Isle Stream, 
including all impoundments - Class B. 
(d)  From its confluence with Presque Isle Stream to a point located 3.0 miles 
upstream of the intake of the Caribou water supply, including all 
impoundments - Class C. 
(e)  From a point located 3.0 miles upstream of the intake of the Caribou 
water supply to a point located 100 yards downstream of the intake of the 
Caribou water supply, including all impoundments - Class B. 
(f)  From a point located 100 yards downstream of the intake of the Caribou 
water supply to the international boundary, including all impoundments - 
Class C. 
(2)  Aroostook River, tributaries, those waters lying within the State - Class A 
unless otherwise specified. 
(a)  All tributaries of the Aroostook River entering below the confluence of 
the Machias River that are not otherwise classified - Class B. 
(b)  Little Machias River and its tributaries - Class A. 
(c)  Little Madawaska River and its tributaries, including Madawaska Lake 
tributaries above the Caribou-Connor Township line - Class A. 
(d)  Machias River, from the outlet of Big Machias Lake to the Aroostook 
River - Class AA. 
(e)  Millinocket Stream, from the outlet of Millinocket Lake to its confluence 
with Munsungan Stream - Class AA. 
(f)  Munsungan Stream, from the outlet of Little Munsungan Lake to its 
confluence with Millinocket Stream - Class AA. 
(g)  Presque Isle Stream and its tributaries above the Mapleton-Presque Isle 
town line - Class A. 
(h)  St. Croix Stream from its confluence with Hall Brook in T.9, R.5, 
W.E.L.S. to its confluence with the Aroostook River - Class AA. 
(j)  Squa Pan Scopan Stream from the outlet of Squa Pan Scopan Lake to its 
confluence with the Aroostook River - Class C. 
(k)  Limestone Stream from the Long Road bridge to the Canadian border - 
Class C. 
(l)  Beaver Brook and its tributaries (T.14 R.6 W.E.L.S., T.14 R.5 W.E.L.S., 
T.13 R.5 W.E.L.S., Portage Lake, Ashland, Castle Hill) - Class A. 
(m)  Gardner Brook and its tributaries (T.14 R.5 W.E.L.S., T.13 R.5 
W.E.L.S., Wade) - Class A. 
Sec. B-10.  38 MRSA §467, sub-§15, ¶F, as amended by PL 2009, c. 163, §11, is 
further amended to read: 
F.  St. John River, minor tributaries, those waters lying within the State - Class A 
unless otherwise specified. 
(1)  Except as otherwise classified, all minor tributaries of the St. John River 
entering below the international bridge in Fort Kent, those waters lying within the 
State - Class B. 
(2)  Baker Stream and Baker Branch of the St. John River, from the headwaters at 
the Upper First St. John Ponds Pond to its their confluence with the Southwest 
Branch - Class AA. 
(3)  Big Black River, from the international boundary to its confluence with the 
St. John River - Class AA. 
(4)  Northwest Branch, from the outlet of Beaver Pond in T.12, R.17, W.E.L.S. to 
its confluence with the St. John River - Class AA. 
(5)  Prestile Stream from its source to Route 1A in Mars Hill - Class A. 
(6)  Southwest Branch, from a point located 5 miles downstream of the 
international boundary to its confluence with the Baker Branch - Class AA. 
(7)  Violette Stream and its tributaries, from its source to the confluence with 
Caniba Brook - Class A. 
Sec. B-11.  38 MRSA §468, sub-§1, as amended by PL 2009, c. 163, §§13 to 17, 
is further amended to read: 
1.  Cumberland County.  Those waters draining directly or indirectly into tidal 
waters of Cumberland County, with the exception of the Androscoggin River Basin, the 
Presumpscot River Basin, the Royal River Basin and tributaries of the Androscoggin 
River Estuary and Merrymeeting Bay, entering above the Chops (Woolwich and Bath, 
Sagadahoc County) - Class B unless otherwise specified. 
A.  Freeport. 
(1)  Frost Gully Brook - Class A. 
A-1.  Cape Elizabeth. 
(1)  Trout Brook, those waters that form the town boundary with South Portland - 
Class C. 
B.  Portland. 
(1)  All minor drainages unless otherwise specified - Class C. 
(2)  Stroudwater River from its origin to tidewater, including all tributaries - 
Class B. 
C.  Scarborough. 
(1)  All minor drainages - Class C unless otherwise specified. 
(2)  Finnard Brook - Class B. 
(3)  Stuart Brook - Class B. 
(4)  Nonesuch River from the headwaters to a point 1/2 mile downstream of 
Mitchell Hill Road crossing - Class B. 
(5)  Tributaries of Stroudwater River from its origin to tidewater, including all 
tributaries - Class B. 
D.  South Portland. 
(1)  All minor drainages - Class C. 
(2)  Trout Brook downstream of the first point where the brook becomes the town 
boundary between South Portland and Cape Elizabeth - Class C. 
J.  Westbrook. 
(1)  Long Creek, main stem - Class C. 
Sec. B-12.  38 MRSA §468, sub-§4, as amended by PL 2009, c. 163, §18, is 
further amended to read: 
4.  Lincoln County.  Those waters draining directly or indirectly into tidal waters of 
Lincoln County entering above the Chops, with the exception of the Sheepscot River 
Basin and tributaries of the Kennebec River Estuary and Merrymeeting Bay entering 
above the Chops (Woolwich and Bath, Sagadahoc County) - Class B unless otherwise 
specified. 
D.  Bristol. 
(1)  Pemaquid River and its tributaries, all freshwater sections below Pemaquid 
Pond - Class A. 
Sec. B-13.  38 MRSA §468, sub-§5, ¶C, as enacted by PL 1999, c. 277, §23, is 
repealed. 
Sec. B-14.  38 MRSA §468, sub-§6, as repealed and replaced by PL 1989, c. 764, 
§21, is amended to read: 
6.  Sagadahoc County.  Those waters draining directly or indirectly into tidal waters 
of Sagadahoc County entering above the Chops, with the exception of tributaries of the 
Androscoggin River Estuary, the Kennebec River Estuary and Merrymeeting Bay 
entering above the Chops - Class B unless otherwise specified. 
Sec. B-15.  38 MRSA §468, sub-§7, ¶G is enacted to read: 
G.  Winterport. 
(1)  Cove Brook, those waters above head of tide - Class AA. 
Sec. B-16.  38 MRSA §469, sub-§1, as amended by PL 2011, c. 206, §11, is 
further amended to read: 
1.  Cumberland County.  All estuarine and marine waters lying within the 
boundaries of Cumberland County and that are not otherwise classified are Class SB 
waters. 
A.  Cape Elizabeth. 
(1)  Tidal waters of the Spurwink River system lying north of a line at latitude 
43º-33'-44" N. - Class SA. 
B.  Cumberland.  
(1)  Tidal waters located within a line beginning at a point located on the 
Cumberland-Portland boundary at approximately latitude 43º41'-18"N., longitude 
70º - 05'-48"W. and running northeasterly to a point located on the Cumberland-
Harpswell boundary at approximately latitude 43º - 42'-57"N., longitude 70º - 
03'-50" W.; thence running southwesterly along the Cumberland-Harpswell 
boundary to a point where the Cumberland, Harpswell and Portland boundaries 
meet; thence running northeasterly along the Cumberland-Portland boundary to 
point of beginning - Class SA. 
B-1.  Chebeague Island. 
(1)  Tidal waters of the Town of Chebeague Island located within the area 
described by the following points: from a point located at latitude 43º - 38'-21" 
N., longitude 70º - 00'-20" W.; thence running due west to a point located at 
latitude 
43º - 38'-21" 
N., 
longitude 
70º - 01'-28" 
W.; 
thence 
running 
northwesterly to a point located at latitude 43º - 41'-17" N., longitude 70º - 05'-
43" W.; thence running northeasterly to a point located at latitude 43º - 42'-57" 
N., longitude 70º - 03'-48" W.; thence running southeasterly to point of 
beginning - Class SA. 
C.  Falmouth.  
(1)  Tidal waters of the Town of Falmouth located westerly and northerly, to 
include the Presumpscot estuary, of a line running from the southernmost point of 
Mackworth Island; thence running northerly along the western shore of 
Mackworth Island and the Mackworth Island Causeway to a point located where 
the causeway joins Mackworth Point - Class SC. 
D.  Harpswell.  
(1)  Tidal waters of the Town of Harpswell located within a line beginning at a 
point located on the Cumberland-Harpswell boundary at approximately latitude 
43º - 42'-57" N., longitude 70º - 03'-50" W. and running northeasterly to a point 
located at latitude 43º - 43'-08" N., longitude 70º - 03'-36" W.; thence running 
southeasterly to a point located at latitude 43º - 42'-02" N., longitude 70º - 00'-
00" W.; thence running due south to the Harpswell-Portland boundary; thence 
running northwesterly along the Harpswell-Portland boundary to a point where 
the Cumberland, Harpswell and Portland boundaries meet; thence running 
northwesterly along the Cumberland-Harpswell boundary the area described by 
the following points: from a point located at latitude 43º - 38'-21" N., longitude 
70º - 00'-00" W.; thence running due west to a point located at latitude 43º - 38'-
21" N., longitude 70º - 00'-20" W.; thence running northwesterly to a point 
located at latitude 43º - 42'-57" N., longitude 70º - 03'-48" W.; thence running 
northeasterly to a point located at latitude 43º - 43'-08" N., longitude 70º - 03'-36" 
W.; thence running southeasterly to a point located at latitude 43º - 42'-02" N., 
longitude 70º - 00'-00" W.; thence running due south to point of beginning - 
Class SA. 
D-1.  Long Island. 
(1) Tidal waters of the Town of Long Island located within the area described by 
the following points: from a point located at latitude 43º - 38'-21" N., longitude 
70º - 05'-00" W.; thence running due west to a point located at latitude 43º - 38'-
21" N., longitude 70º - 08'-52"; thence running northwesterly to a point located at 
latitude 43º - 38'-27" N., longitude 70º - 08'-58" W.; thence running northeasterly 
to a point located at latitude 43º - 40'-08" N., longitude 70º - 07'-03" W.; thence 
running southeasterly to point of beginning - Class SA. 
E.  Portland.  
(1)  Tidal waters of the City of Portland located within a line beginning at a point 
located on the Cumberland-Portland boundary at approximately latitude 43º - 41'-
18" N., longitude 70º - 05'-48" W. and running southeasterly along the 
Cumberland-Portland boundary to a point where the Cumberland, Harpswell and 
Portland boundaries meet; thence running southeasterly along the Harpswell-
Portland boundary to longitude 70º - 00'-00" W.; thence running due south to a 
point located at latitude 43º - 38'-21" N., longitude 70º - 00'-00" W.; thence 
running due west to a point located at latitude 43º - 38'-21" N., longitude 70º - 
09'-06" W.; thence running northeasterly the area described by the following 
points: from a point located at latitude 43º - 38'-21" N., longitude 70º - 01'-28" 
W.; thence running due west to a point located at latitude 43º - 38'-21" N., 
longitude 70º - 05'-00" W.; thence running northwesterly to a point located at 
latitude 43º - 40'-08" N., longitude 70º - 07'-03" W.; thence running northeasterly 
to a point located at latitude 43º - 41'-17" N., longitude 70º - 05'-43" W.; thence 
running southeasterly to point of beginning - Class SA. 
(2)  Tidal waters of the City of Portland lying northwesterly westerly of a line 
beginning at Spring Point Light in South Portland to the easternmost point of Fort 
Gorges Island, thence running northerly to the southernmost point of Mackworth 
Island - Class SC. 
(3)  Tidal waters of the City of Portland located within the area described by the 
following points: from a point located at latitude 43º - 38'-21" N., longitude 70º -
 08'-52"; thence running due west to a point located at latitude 43º - 38'-21" N., 
longitude 70º - 09'-06"; thence running northeasterly to a point located at latitude 
43º - 38'-27" N., longitude 70º - 08'-58" W.; thence running southeasterly to point 
of beginning - Class SA. 
E-1.  Scarborough. 
(1)  Tidal waters of the Scarborough River system lying north of a line running 
easterly from a point where the old Boston and Maine Railroad line intersects the 
marsh at latitude 43º-33'-06" N., longitude 70º-20'-58" W. to a point of land north 
of Black Rock at latitude 43º-33'-06" N., longitude 70º-19'-25" W., excluding 
those tidal waters of Phillips Brook lying upstream of a point 500 feet south of 
U.S. Route 1 - Class SA. 
(2)  Tidal waters of the Spurwink River system lying north of a line extending 
from Higgins Beach at latitude 43º-33'-44" N. to the town line - Class SA. 
F.  South Portland.  
(1)  Tidal waters of the City of South Portland lying westerly of a line beginning 
at Spring Point Light to the easternmost point of Fort Gorges Island in Portland - 
Class SC. 
Sec. B-17.  38 MRSA §469, sub-§2, ¶A-1, as enacted by PL 2003, c. 317, §23, is 
amended to read: 
A-1.  Brooksville. 
(1)  Tidal waters of the Bagaduce River lying southerly easterly of a line running 
due south from the westernmost point of Young's Island (Penobscot) - Class SA. 
Sec. B-18.  38 MRSA §469, sub-§2, ¶D, as amended by PL 1999, c. 277, §28 
and affected by §31, is further amended to read: 
D.  Mount Desert.  
(1)  Tidal waters, except those lying within 500 feet of privately owned shoreline, 
lying northerly of latitude 44º - 16'-36" N. and easterly of longitude 68º - 13'-08" 
W. - Class SA.  
(2)  Tidal waters of Somes Sound lying northerly of a line beginning at a point 
located at the Acadia National Park boundary at latitude 44º - 18'-18" N., 
longitude 68º - 18'-42" W. and running northeasterly to a point located at the 
Acadia National Park boundary at latitude 44º - 18'-54" N., longitude 68º - 18'-
22" W., except those waters of Broad Cove lying west of a line running from the 
point of land immediately south of the cove northerly to Navigation Can #7 and 
those waters lying within 500 feet of overboard discharges licensed as of January 
1, 1999 - Class SA. 
(3)  Tidal waters of Somes Sound lying within 500 feet of overboard discharges 
licensed as of January 1, 1999 - Class SA. 
Sec. B-19.  38 MRSA §469, sub-§3, ¶¶B and C, as enacted by PL 1985, c. 698, 
§15, are amended to read: 
B.  Owls Head.  
(1)  Tidal waters lying westerly of a line running between the southernmost point 
of land on Jameson Point, Rockland and the northernmost point of land on 
Battery Point - Class SC. 
C.  Rockland.  
(1)  Tidal waters lying westerly of a line running between the southernmost point 
of land on Jameson Point and the northernmost point of land on Battery Point, 
Owls Head - Class SC. 
Sec. B-20.  38 MRSA §469, sub-§5, ¶B, as amended by PL 2011, c. 206, §11, is 
further amended to read: 
B.  Phippsburg. 
(1)  Offshore waters east of longitude 69º-50'-05" W. and west of longitude 69º-
47'-00" W., including the tidal waters of the Morse River and the Sprague River, 
- Class SA. 
(2) Tidal waters of The Basin, including The Narrows east of a line drawn 
between longitude 69º-51'-57" W. and 43º-48'-14" N. - Class SA. 
(3)  Tidal waters of the Kennebec River in Phippsburg within 500 feet of shore, 
beginning at a point of land at the head of Atkins Bay located at longitude 69°-
48'-14" W. and latitude 43°-44'-40.4" N. and extending along the southeast shore 
of Atkins Bay to a point 500 feet off Fort Popham located at longitude 69°-47'-
00" W. and latitude 43°-45'-23.89" N. - Class SA. 
SUMMARY 
This bill clarifies the Department of Environmental Protection's right of inspection in 
reaction to recent litigation.  It further clarifies the jurisdiction of the department and the 
Board of Environmental Protection in the laws regulating discharges into the waters of 
the State.  It also clarifies the names of various bodies of water.  The bill updates federal 
publication references and allows collector systems to be included in state grants for 
pollution abatement.  It increases the limit on the alcohol volume allowed in hard cider.