An Act to Support Removal of Overboard Discharge Systems
Maine Legislature, Session 132, LD 0401
Committee: Environment and Natural Resources
Sponsors: HEPLER
Amends: 33 MRSA §173, 38 MRSA §411, 38 MRSA §411-A, 38 MRSA §413, 38 MRSA §414, 38 MRSA §414-A

Legislative Document
No. 401
H.P. 255
House of Representatives, February 4, 2025
An Act to Support Removal of Overboard Discharge Systems
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 HEPLER of Woolwich.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  33 MRSA §173, sub-§3, ¶A, as enacted by PL 1999, c. 476, §1, is amended 
to read:
A.  The type of system. If the system involves an overboard discharge as defined in 
Title 38, section 466, subsection 9-A, this fact must be explicitly stated in the 
disclosure;
Sec. 2.  33 MRSA §173, sub-§3, ¶J, as enacted by PL 1999, c. 476, §1, is amended 
to read:
J.  The name of the contractor who services the system; and
Sec. 3.  33 MRSA §173, sub-§3, ¶K, as enacted by PL 1999, c. 476, §1, is amended 
to read:
K.  For systems within shoreland zones, disclosures on septic systems required by Title 
30‑A, section 4216; and
Sec. 4.  33 MRSA §173, sub-§3, ¶L is enacted to read:
L.  For overboard discharge systems, a summary of the transfer requirements of Title 
38, section 413, subsections 3 and 3-A.
Sec. 5.  38 MRSA §411, first ¶, as amended by PL 2001, c. 232, §9, is further 
amended to read:
The commissioner may pay an amount not to exceed 80% of the expense of a municipal 
or quasi-municipal pollution abatement construction program or a pollution abatement 
construction program in an unorganized township or plantation authorized by the county 
commissioners.  The commissioner may make payments to the Maine Municipal Bond 
Bank to supply the State's share of the revolving loan fund established by Title 30‑A, 
section 6006‑A.  The commissioner may pay up to 90% of the expense of a municipal or 
quasi-municipal pollution abatement construction program or a pollution abatement 
construction program in an unorganized township or plantation authorized by the county 
commissioners in which the construction cost of the project does not exceed $100,000 as 
long as not 250% of the median household income in the State. Median household income 
must be based on the most recent data from the State Economist or the United States 
Department of Commerce, Bureau of the Census, whichever is lower. Not more than one 
grant is may be made to any applicant each in a calendar year, except that the. The 
commissioner may pay a percentage of the cost of individual projects serving single-family 
dwellings, or seasonal dwellings or commercial establishments according to the following 
schedule:
 ANNUAL INCOME SINGLE-FAMILY
DWELLING SEASONAL DWELLING 
 $0 to $5,000
100%
50%
 $5,001 to $20,000
90%
50%
 $20,001 to $30,000
50%
25%
 $30,001 to $40,000
25%
25%
 $40,001 or more
0%
0%
 GROSS PROFIT
COMMERCIAL ESTABLISHMENT
 $0 to $50,000
50%
 $50,001 to $100,000
25%
 $100,001 or more
0%
Sec. 6.  38 MRSA §411, sub-§1 is enacted to read:
1.  Single family dwellings.  The grant percentage for single-family dwellings is as 
follows:
A. When the annual income of an applicant is 0% to 50% of the state median household 
income, the grant percentage is 100%;
B. When the annual income of an applicant is 51% to 75% of the state median 
household income, the grant percentage is 90%;
C. When the annual income of an applicant is 76% to 100% of the state median 
household income, the grant percentage is 50%;
D. When the annual income of an applicant is 101% to 110% of the state median 
household income, the grant percentage is 25%; and
E. When the annual income of an applicant is greater than 110% of the state median 
household income, the grant percentage is 0%;
Sec. 7.  38 MRSA §411, sub-§2 is enacted to read:
2.  Seasonal dwellings.  The grant percentage for seasonal dwellings is as follows:
A. When the annual income of an applicant is 0% to 75% of the state median household 
income, the grant percentage is 50%;
B. When the annual income of an applicant is 76% to 110% of the state median 
household income, the grant percentage is 25%; and
C. When the annual income of an applicant is greater than 110% of the state median 
household income, the grant percentage is 0%; and
Sec. 8.  38 MRSA §411, sub-§3 is enacted to read:
3.  Commercial establishments.  The grant percentage for commercial establishments 
is as follows:
A. When the annual income of an applicant is 150% or less of the state median 
household income, the grant percentage is 50%;
B. When the annual income of an applicant is 151% to 250% of the state median 
household income, the grant percentage is 25%; and
C. When the annual income of an applicant is greater than 251% of the state median 
household income, the grant percentage is 0%.
Sec. 9.  38 MRSA §411, 2nd ¶, as amended by PL 1999, c. 375, §2, is repealed and 
the following enacted in its place:
For purposes of this section, annual income is determined separately for residential 
property owners and commercial establishments.  For a residential property owner, 
including a trust, "annual income" means the sum of the taxable incomes of each owner of 
the property if it is jointly owned, or of each beneficiary and grantor if the property owner 
is a trust, for the previous year as listed on the relevant federal income tax returns for the 
previous year.  For a commercial establishment, "annual income" means taxable income or 
ordinary business income for the previous year as listed on the relevant federal income tax 
return plus any depreciation or other noncash expense that was deducted to compute taxable 
or ordinary business income on that return. A rental property must be considered a 
commercial establishment or as contributing to annual income depending on how it is 
reported on the owner's federal income tax return from the previous year.
Sec. 10.  38 MRSA §411, as amended by PL 2017, c. 137, Pt. A, §8, is further 
amended by enacting after the 2nd paragraph a new paragraph to read:
For a pollution abatement system that is used by multiple single-family or seasonal 
dwellings, such as resident-owned mobile home parks or home owners' associations, and 
the property is not owned by a commercial establishment, the average annual income of all 
single-family or seasonal dwellings attached to the pollution abatement system must be 
used to calculate the allowable grant percentage.
Sec. 11.  38 MRSA §411-A, as amended by PL 2009, c. 654, §§1 and 2, is further 
amended by amending the section headnote to read:
§411-A.  State contribution to residential overboard discharge replacement projects
Sec. 12.  38 MRSA §411-A, sub-§2-A, as amended by PL 2009, c. 654, §2, is 
further 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 a residential or commercial overboard discharge with an annual 
income less than $25,000 of 0% to 100% of state median household income, 100%;
B.  For an owner of an a residential or commercial overboard discharge with an annual 
income from $25,000 to $50,000 of 101% to 150% of state median household income, 
90%;
C.  For an owner of an a residential or commercial overboard discharge with an annual 
income from $50,001 to $75,000 of 151% to 200% of state median household income, 
50%;
D.  For an owner of an overboard discharge with an annual income from $75,001 to 
$100,000, 35%;
E.  For an owner of an a residential or commercial overboard discharge with an annual 
income from $100,001 to $125,000 of 201% to 250% of state median household 
income, 25%;
E-1.  For an owner of an a residential or commercial overboard discharge with an 
annual income over $125,000 250% of state median household income, $0 0%; and
F.  For a publicly owned overboard discharge facility, 50% to a maximum of $150,000 
500% of state median household income.
For purposes of this subsection, annual income is determined separately for residential 
property owners and commercial establishments.  For a residential property owner, 
including a trust, "annual income" means the sum of the taxable incomes of each owner of 
the property if it is jointly owned or of each beneficiary and grantor if the property owner 
is a trust for the previous year as listed on the relevant federal income tax returns for the 
previous year.  For a commercial establishment, “annual income” means taxable income or 
ordinary business income for the previous year as listed on the relevant federal income tax 
return plus any depreciation or other noncash expense that was deducted to compute taxable 
or ordinary business income on that return.  A rental property must be considered a 
commercial establishment or as contributing to annual income depending on how it is 
reported on the overboard discharge owner’s federal income tax return from the previous 
year. Median household income must be based on the most recent data from the State 
Economist or the United States Department of Commerce, Bureau of the Census, 
whichever is lower.
Sec. 13.  38 MRSA §411-A, sub-§4, as repealed and replaced by PL 2003, c. 246, 
§5, is amended to read:
4.  Reimbursement of actual or incurred costs.  The commissioner shall utilize grants 
under this section to reimburse individuals for the actual or incurred cost of removing any 
overboard discharge, subject to the provisions of subsection 2‑A, when:
A.  The removal occurred after September 30, 1989 but was carried out according to 
plans and specifications approved by the commissioner in advance of construction and 
prior to the offering of a grant under this section;
B.  The removal resulted in the elimination of sources of contamination to shellfish 
areas or public nuisance conditions; and
C.  The removal is required under section 413, subsection 3 or section 414‑A, 
subsection 1‑B.; and
D.  The owner of the overboard discharge system and the overboard discharge removal 
contractor have certified that the overboard discharge removal project has been 
completed, including proper abandonment of the overboard discharge system in 
accordance with the rules adopted by the department governing the licensing and 
abandonment of overboard discharge systems and the local plumbing inspector has 
certified that an alternative disposal system has been installed in conformance with the 
rules adopted by the Department of Health and Human Services governing subsurface 
wastewater disposal.
Sec. 14.  38 MRSA §413, sub-§3-A, as amended by PL 2011, c. 121, §2, is further 
amended 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 a single construction project 
performed on a primary residence with an overboard discharge when the total material and 
labor cost of the construction project exceeds $50,000 100% of the median household 
income as specified in section 411.  "Significant action" does not include construction that 
makes the residence accessible to a person with a disability who resides in or regularly uses 
the residence or reconstruction performed in response to an event beyond the control of the 
owner, such as a hurricane, flood, fire or the unanticipated physical destruction of the 
residence.
A.  Application for transfer of an overboard discharge 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 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, pursuant to section 414-A, subsection 
1-B, and may be required to remove the overboard discharge system as provided in this 
paragraph. For the purposes of this paragraph, a property transfer is limited to a 
monetary sale of the property containing the overboard discharge.
(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 1‑B.  If an alternative to the overboard discharge 
is identified, the alternative system must be installed within 180 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 411‑A.  On a property transfer, a commercial establishment may 
request an extension of the 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 may an 
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 
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 
100% of the median household income as specified in section 411.  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.
C.  An overboard discharge must be removed without regard to available funding from 
the department where connection to a public sewer is practicable.
Sec. 15.  38 MRSA §414, sub-§3-A, as repealed and replaced by PL 2003, c. 246, 
§8, is amended to read:
3-A.  Inspection of overboard discharge systems.  The department shall inspect all 
licensed overboard discharge systems.  The cost of the inspections must be assessed as part 
of the annual license fee.  For residential overboard discharges owned by individuals, the 
department shall provide a fee reduction based on the adjusted gross income of the license 
holder on the most recent tax return under the federal Internal Revenue Code of 1986.  If 
the license holder's adjusted gross income is less than $15,000 50% of the median 
household income as specified in section 411, the license holder may reduce the total fee 
by $125 50%.  Any overboard discharge license owner with a mechanical treatment system 
must provide annual proof of a private maintenance contract for maintenance of that 
system.
Sec. 16.  38 MRSA §414-A, sub-§1-B, ¶A, as amended by PL 2009, c. 654, §5, is 
further amended by repealing subparagraph (1) and enacting the following in its place:
(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 provide the overboard discharge 
owner with written certification, on a form provided by the department, that all 
potential alternatives for replacement of the overboard discharge on land owned or 
controlled by the overboard discharge owner, with or without a variance, have been 
evaluated by the licensed site evaluator. In performing the evaluation under this 
subparagraph:
(a)  The licensed site evaluator shall determine whether practices to reduce the 
quantity of raw wastewater can be applied that may allow a reduction in the 
subsurface disposal system sizing requirements;
(b)  The licensed site evaluator shall determine whether pretreatment 
techniques or devices authorized for use by the rules adopted by the 
Department of Health and Human Services governing subsurface wastewater 
disposal can be installed to reduce the subsurface disposal system sizing 
requirements;
(c)  The licensed site evaluator shall determine whether proprietary systems 
and devices authorized for use by the rules adopted by the Department of 
Health and Human Services governing subsurface wastewater disposal can be 
installed to reduce the subsurface disposal system sizing requirements;
(d)  The licensed site evaluator shall determine whether the subsurface disposal 
system area can be configured to fit within the property dimensions by 
separating the waste streams, such as laundry wastewater and sanitary 
wastewater, between 2 or more leach fields, drip irrigation sites or other 
disposal areas;
(e)  The licensed site evaluator shall evaluate the feasibility of siting a disposal 
system using reduced setback distances as authorized for use by the rules 
adopted by the Department of Health and Human Services governing 
subsurface wastewater disposal;
(f)  The licensed site evaluator shall determine whether adjoining or nearby 
land may be used for wastewater disposal with the permission of the property 
owner and shall document efforts to obtain an easement from the owner of 
adjoining or nearby land when, in the licensed site evaluator's judgment, an 
easement would allow for the installation of a replacement system; and
(g)  The licensed site evaluator shall determine if connection to a public sewer 
is feasible, including the use of an easement across another property or right-
of-way.
The department may require the overboard discharge owner to submit an additional 
site evaluation by a different licensed site evaluator if the conditions of this 
subparagraph have not been met.
Sec. 17.  38 MRSA §414-A, sub-§1-B, ¶A, as amended by PL 2009, c. 654, §5, is 
further amended by amending subparagraph (3) to read:
(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 or 3-A.  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.
Sec. 18.  38 MRSA §414-A, sub-§1-B, ¶G is enacted to read:
G.  Notwithstanding paragraph A, the department may request that a person seeking to 
renew or transfer an overboard discharge license evaluate the feasibility of a spray 
irrigation system licensed in accordance with section 413 as an alternative to the 
overboard discharge system.
SUMMARY
This bill changes the laws governing pollution control in the following ways.
1. It requires a seller of residential real property to disclose in the property disclosure 
statement provided to the purchaser the use of an overboard discharge system on the 
property and a summary of the transfer requirements for such a system.
2. It changes the cost of a municipal or quasi-municipal pollution abatement 
construction program or a pollution abatement construction program in an unorganized 
township or plantation authorized by the county commissioners for which the 
Commissioner of Environmental Protection may pay up to 90% of the expense from 
$100,000 to 250% of the median household income in the State.
3. It changes the income limits for individual pollution abatement projects serving 
single-family dwellings, seasonal dwellings or commercial establishments for which the 
commissioner may pay a percentage of the cost.
4. It changes the income limits used to determine the portion of an overboard discharge 
replacement project that is eligible for grant funding.
5. It requires that in order to be eligible for grant funding, the owner of an overboard 
discharge system and the overboard discharge removal contractor must certify that the 
overboard discharge removal project has been completed, including proper abandonment 
of the overboard discharge system, and the local plumbing inspector must certify that an 
alternative disposal system has been installed.
6. It changes the definition of "significant action" in the laws governing overboard 
discharges to mean a single construction project performed on a primary residence with an 
overboard discharge when the total material and labor cost of the construction project 
exceeds 100% of the median household income in the State, rather than $50,000 as in 
current law. It provides that a property transfer is limited to a monetary sale of the property 
containing the overboard discharge.
7. It changes the income threshold for which the Department of Environmental 
Protection must grant a waiver from the requirement to install an alternative system when 
the ownership of a property containing an overboard discharge has been transferred from 
less than $25,000 to less than 100% of the median household income in the State.
8. It changes the income threshold for which a license holder for an overboard 
discharge system may reduce the license fee from less than $15,000 to less than 50% of the 
median household income in the State and changes the fee reduction from $125 to 50% of 
the fee.
9. It specifies determinations that a licensed site evaluator must make in connection 
with a required finding by the department that an overboard discharge meets the 
requirements of best practicable treatment for purposes of licensing.
10. It provides that the department may request that a person seeking to renew or 
transfer an overboard discharge license evaluate the feasibility of a spray irrigation system 
as an alternative to the overboard discharge system.