Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 579 - CLASSIFICATION ATTAINMENT EVALUATION USING BIOLOGICAL CRITERIA FOR RIVERS AND STREAMS › Section 096-579-5 - Application of decision results

Current through 2024-29, July 17, 2024
A.
Attainment of statutory classification.
A waterbody shall be determined
				to be in attainment of the designated aquatic life uses and characteristics of
				its assigned water classification, if the association value, as determined
				according to Sections 3 and 4 of this chapter, following methods outlined in
				"Methods for Biological Sampling and Analysis of Maine's Rivers and Streams"
				(DE P LW 0387 -B2002), is shown to be equal to or greater than 0.6 for that
				class or any higher class, or where the provisions for professional judgement
				determine that the water should be determined to be in attainment of its
				assigned water classification or any higher classification; and where other
				standards and criteria pertinent to protecting the aquatic life uses of the
				classification are determined to be attained (including, but not limited to,
				support of indigenous fish or other aquatic species, as required in the water
				quality classification law).
B.
Reporting.
Results of classification attainment evaluation must be
				reported in the department's biennial water quality assessment report and
				Section 305(b) of Federal Clean Water Act. Waters that are determined not to
				attain their statutory classification are listed in the state's list of
				impaired waters as required in Section 303(d) of the Federal Clean Water
				Act.
C.
Antidegradation
. Waters that attain the aquatic life use standards of a
				higher classification must be protected in accordance with the applicable
				statutory provisions for antidegradation. For the purposes of antidegradation,
				attainment of aquatic life use standards of a higher classification shall be
				based on classification attainment evaluations of 2 or more consecutive
				sampling outcomes, from different sampling years
,
that attain a higher class, and taking into account critical water quality
				conditions including, but not limited to, conditions of low flow, high water
				temperature, maximum loading from point source and nonpoint source discharges,
				and conditions of acute and chronic effluent toxicity.
D.
Licensing, permitting and water
				quality certification activities.
An activity regulated by the
				Department may be approved when a classification attainment evaluation finds
				that the standards of classification of the water body are met and will
				continue to be met, notwithstanding the approved activity. An activity
				regulated by the Department may be approved when a classification attainment
				evaluation finds that the standards of classification of the water body are not
				met if it can be shown that the activity does not, or a new activity will not,
				cause or contribute to non-attainment of designated aquatic life uses and other
				standards of the assigned water classification.
If the classification attainment evaluation shows that the
				  standards of classification of the water body are not met, and the applicant is
				  unable to show that the activity does not, or a new activity will not cause or
				  contribute to non-attainment, then a license, permit or water quality
				  certification may only be issued when it can be demonstrated that modifications
				  to the proposed activity, as required by the new license, permit or
				  certification, will provide attainment conditions. If two or more activities
				  can be shown to cause or contribute to non-attainment of the assigned water
				  classification, then a license, permit or water quality certification may only
				  be issued when it can be demonstrated that modifications to the activity, as
				  required in the license, permit or certification, in conjunction with
				  modifications to other sources in the watershed that contribute to the
				  non-attainment, including modifications that are a part of a Department
				  approved total maximum daily load, will provide attainment. The department may
				  require additional monitoring of the affected waters following issuance of any
				  license, permit or water quality certificate.