38 ME Rev Stat § 414-C (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS|Subchapter 1: ENVIRONMENTAL PROTECTION BOARD|Article 2: POLLUTION CONTROL|38 §414-C. Color pollution control

 §414-C. Color pollution control 1.  Color pollution control; finding.  The Legislature finds that further, rigorous control of color, odor and foam pollutants is consistent with modernization of the State's kraft pulp industry and that process technologies to accomplish this objective will enhance the competitive position of this industry.   [PL 1989, c. 864, §1 (NEW).] 2.  Best practicable treatment; color pollution.  For the purposes of section 414‑A, subsection 1, paragraph D, "best practicable treatment" for color pollution control for discharges of color pollutants from the kraft pulping process is:   A. For discharges licensed and in existence prior to July 1, 1989:   (1) On July 1, 1998 and until December 31, 2000, 225 pounds or less of color pollutants per ton of unbleached pulp produced, measured on a quarterly average basis; and   (2) On and after January 1, 2001, 150 pounds or less of color pollutants per ton of unbleached pulp produced, measured on a quarterly average basis; and   [PL 1997, c. 444, §1 (RPR).]B. For discharges licensed for the first time after July 1, 1989, 150 pounds or less of color pollutants per ton of unbleached pulp produced, measured on a quarterly average basis.   [PL 1989, c. 864, §1 (NEW).]A discharge from a kraft pulp mill that is in compliance with this subsection is exempt from the provisions of subsection 3.   [PL 1997, c. 444, §1 (AMD).] 3.  Instream color pollution standard.  An individual waste discharge may not increase the color of any water body by more than 20 color pollution units. The total increase in color pollution units caused by all waste discharges to the water body must be less than 40 color pollution units. This subsection applies to all flows greater than the minimum 30-day low flow that can be expected to occur with a frequency of once in 10 years. A discharge that is in compliance with this subsection is exempt from the provisions of subsection 2, paragraph A. Such a discharge may not exceed 175 pounds of color pollutants per ton of unbleached pulp produced after January 1, 2001.   [PL 1997, c. 444, §2 (AMD).] 4.  Schedule of compliance.   [PL 1997, c. 444, §3 (RP).] 4-A.  Compliance deadlines.   [PL 1997, c. 444, §4 (RP).] 4-B.  Progress report.   [PL 1997, c. 444, §4 (RP).] 4-C.  Color reduction evaluation.  If a discharge is not in compliance with either subsection 2 or 3 after January 1, 2001, the kraft pulp mill with a noncompliant discharge shall evaluate the potential for further color reductions. This evaluation must include the identification of each internal source of color, the contribution of color from each internal source, the options available for further color reductions for each internal source, the cost of these options for each internal source, the estimated final color discharge after implementation of the options given in pounds of color per ton of unbleached product and an assessment of the final impact on the in-stream color after implementation of the options including the amount of change expressed in color pollution units. This evaluation must be submitted to the commissioner for review no later than July 1, 2001 and by September 1, 2001 the commissioner shall modify the license to provide for a mill-specific best practicable treatment and compliance schedule.   [PL 1997, c. 444, §5 (NEW).] 5.  Interstate waters.  For the purposes of the commissioner's responsibilities under the Federal Water Pollution Control Act, Public Law 92-500, Section 401(a)(2), as amended, the commissioner shall find that the discharge of color pollution in excess of the standard established under subsection 2, paragraph A, into any surface water that subsequently enters the State affects the quality of the State's waters so as to violate the water quality requirements of the State.   [PL 1989, c. 864, §1 (NEW).] 6.  Monitoring established.  The commissioner shall incorporate as part of the department's ongoing water quality monitoring program, monitoring of color, odor and foam pollutants.   [PL 1997, c. 444, §6 (AMD).] SECTION HISTORY PL 1989, c. 864, §1 (NEW). PL 1991, c. 835, §1 (AMD). PL 1997, c. 444, §§1-6 (AMD).