reglab/statecodes huggingface dataset:
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 570 - COMBINED SEWER OVERFLOW ABATEMENT › Section 096-570-7 - CSO progress reports

Current through 2024-29, July 17, 2024
The licensee must submit yearly CSO progress reports covering
				  the previous calendar year.
The CSO progress report must include but is not necessarily
				  limited to, the following topics.
A.
CSO abatement projects.
CSO abatement projects including milestone
				dates such as design start and completion and construction start and
				completion.
B.
Schedule
				comparison.
A comparison of the existing schedule with the department
				approved implementation schedule. If the existing schedule is behind the
				approved schedule, list the reasons why, and how the licensee proposes to catch
				up in order to comply with the approved schedule.
C.
Progress on inflow sources.
Progress made on locating and removing private inflow sources, such as roof
				leaders and basement sump pumps.
D.
Costs.
Total cost and local share of CSO abatement projects to
				date, plus an anticipated budget for projects in the next year.
E.
Flow monitoring results.
Results of any specific flow monitoring to determine effectiveness of previous
				CSO abatement projects. Compare actual CSO abatement with projections made
				during the CSO Master Plan.
F.
CSO activity and volumes.
Yearly precipitation, CSO volumes
				(actual or estimated), and any block test data (see Section 6 ) submitted on
				department form titled "CSO Activity and Volumes". The form must be submitted
				on diskette, if possible, to allow easy data entry. Report any abnormalities
				during CSO monitoring.
G.
Nine minimum controls update.
Work done on the Nine Minimum Controls
				during the year including, but not limited to the following.
(1) Results of operation and maintenance
				programs for the sewer system and combined sewer overflows during the year,
				such as, frequency of regulator inspections, number of catch basins cleaned,
				and feet of sewer cleaned or repaired, with estimates of material removed, if
				possible.
(2) Low cost projects to
				maximize use of the collection system for storage or to maximize flow to the
				POTW for treatment.
(3)
				Modifications to the pretreatment program to assure the CSO impacts are
				minimized.
(4) Low cost projects
				that maximize flow to the POTW for treatment.
(5) Documentation that no CSO discharges
				occurred during dry weather.
(6)
				Projects to control solid and floatable materials in CSO discharges.
(7) Pollution prevention programs that focus
				on contaminant reduction activities.
(8) Public notification to ensure that the
				public receives adequate notification of CSO occurrences and CSO
				impacts.
(9) Any monitoring and
				sampling results to effectively characterize CSO impacts and the effectiveness
				of CSO controls.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 570 - COMBINED SEWER OVERFLOW ABATEMENT › Section 096-570-8 - Addition of new wastewater

Current through 2024-29, July 17, 2024
A.
When
				allowed.
Unless the department determines that the nature or the volume
				of additional wastewater will adversely affect existing water quality of the
				receiving water, new sources of wastewater may be added to a sewer system
				having a CSO discharge point if:
(1) The
				licensee is conducting a CSO Master Plan study on a schedule approved by the
				department;
(2) The licensee is
				implementing the approved Master Plan; or
(3) The licensee has completed implementation
				of the approved Master Plan.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 573 - SNOW DUMPS: BEST MANAGEMENT PRACTICES FOR POLLUTION PREVENTION › Section 096-573-1 - Definitions

Current through 2024-29, July 17, 2024
The definitions contained in
Definitions for the
				  Waste Discharge Permitting Program
, 06-096 CMR 520 (effective January
				  12, 2001) and
Protection and Improvement of Waters
,
				  
				  38 M.R.S.A. §361-A are applicable to
				  this rule. In addition, as used in this rule, the term:
A. Snow dump means a facility or area that is
				used for the storage and disposal of snow and incidental materials collected in
				the process of removing snow from public or private ways or parking
				areas.
B. Incidental materials
				means pollutant as defined at 38 M.R.S.A. §361-A(4-A).
C. Significant sand and gravel aquifer means
				the area delineated by the Department of Conservation, pursuant to 38 M.R.S.A.
				§403(2) as the primary recharge area for a sand and gravel aquifer capable
				of yielding more than ten gallons per minute.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 573 - SNOW DUMPS: BEST MANAGEMENT PRACTICES FOR POLLUTION PREVENTION › Section 096-573-2 - Statutory prohibition

Current through 2024-29, July 17, 2024
The discharge of snow removed from public or private ways or
				  parking lots directly into the fresh surface waters of the State is prohibited.
				   38 M.R.S.A.
				  §413(2-B). Such
				  discharges may not be licensed pursuant to
				   38 M.R.S.A.
				  §413(1).
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 573 - SNOW DUMPS: BEST MANAGEMENT PRACTICES FOR POLLUTION PREVENTION › Section 096-573-3 - License required

Current through 2024-29, July 17, 2024
A waste discharge permit pursuant to
				   38 M.R.S.A.
				  §413(1) is required
				  for
A. Discharges of snow removed from
				public or private ways or parking lots directly into estuarine and marine
				waters,
B. Discharges of meltwater
				to ground water from snow dumps that are located wholly or partially within a
				significant sand and gravel aquifer,
C. Discharges of meltwater to waters of the
				State from snow dumps that do not meet the minimum water body setbacks and BMPs
				for pollution prevention established in sections 5 and 6 of this rule,
				and
D. Discharges of meltwater to
				waters of the State from snow dumps that comply with the setbacks and BMPs
				established in section 5 and 6 but that discharge pollutants to waters of the
				State or cause a violation of applicable state water quality standards, as
				provided in section 7.
Certain snow dumps, including those for which no practicable
				  upland alternative exists, may qualify for coverage under a general permit,
				  when available.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 573 - SNOW DUMPS: BEST MANAGEMENT PRACTICES FOR POLLUTION PREVENTION › Section 096-573-4 - Snow dumps meeting water body setbacks and BMPs

Current through 2024-29, July 17, 2024
The owner or operator of a snow dump that does not require a
				  permit pursuant to section
				  3(A)
				  or (B) and that complies with the minimum
				  water body setbacks and BMPs for pollution prevention established in sections
				  5 and
				  6 is not considered to discharge
				  pollutants to waters of the State and does not need to obtain a waste discharge
				  permit pursuant to
				   38 M.R.S.A.
				  §413(1), except as
				  provided in section
				  7.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 573 - SNOW DUMPS: BEST MANAGEMENT PRACTICES FOR POLLUTION PREVENTION › Section 096-573-5 - Snow dump setbacks from water bodies

Current through 2024-29, July 17, 2024
A. Great
				ponds and river impoundments classified GPA as described in 38 M.R.S.A.
				§480-B(5) and 38 M.R.S.A. §465-A - 500 feet from the normal high
				water line
B. Natural lakes and
				ponds less than 10 acres in size as described in 38 M.R.S.A. §465-A - 500
				feet from the normal high water line
C. Rivers and streams in minor drainage
				basins as described in 38 M.R.S.A. §468 - 75 feet from the normal high
				water line
D. Rivers and streams in
				major river basins as described in 38 M.R.S.A. §467 - 75 feet from the
				normal high water line
E.
				Freshwater wetlands as defined at 38 M.R.S.A. §480-B(4) - 75 feet from the
				upland edge
F. Estuarine and marine
				waters as described in 38 M.R.S.A. §469 - 75 feet from the maximum high
				tide line or upland edge of adjacent coastal wetlands
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 573 - SNOW DUMPS: BEST MANAGEMENT PRACTICES FOR POLLUTION PREVENTION › Section 096-573-6 - Snow dump best management practices

Current through 2024-29, July 17, 2024
A. The
				owner or operator of a snow dump shall employ a litter removal program for all
				areas from which snow is collected for disposal in a snow dump.
B. The use of sand, salt, or sand/salt
				mixtures in areas from which snow is removed for disposal in a snow dump must
				be minimized or restricted.
C.
				Where there is a potential for runoff of meltwater beyond the snow dump
				boundaries to permanent or intermittent surface waters, a silt barrier,
				preferably properly installed hay bales for sedimentation control, must be
				installed and maintained along all down-gradient boundaries of the snow
				dump.
D. Where there is a potential
				for runoff of meltwater beyond the snow dump boundaries to permanent or
				intermittent surface waters, a vegetative cover must be maintained, where
				practicable, between the edge of all down-gradient snow dump boundaries and the
				nearby surface waters. Any vegetative cover must be maintained in such a manner
				and practicable width to maximize filtration of runoff from the snow
				dump.
E. Prior to July 15th of each
				year, or once all snow/ice in the snow dump has melted, whichever is later,
				litter, refuse and other incidental materials collected during snow removal and
				storage must be removed from the surface of the snow dump and surrounding area,
				including surface waters, and properly disposed of in accordance with State and
				local rules and regulations.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 573 - SNOW DUMPS: BEST MANAGEMENT PRACTICES FOR POLLUTION PREVENTION › Section 096-573-7 - Performance standard

Current through 2024-29, July 17, 2024
A snow dump may not be operated in such a manner as to
				  discharge pollutants to waters of the State or cause a violation of applicable
				  state water quality standards. The Department may provide technical assistance
				  to a snow dump owner or operator to modify or eliminate a snow dump to ensure
				  discharges and violations of water quality standards do not occur.
				  Notwithstanding compliance with the water body setbacks and BMPs established in
				  sections
				  5 and
				  6 of this rule, a waste discharge
				  permit pursuant to
				   38 M.R.S.A.
				  §413(1) will be
				  required for snow dumps that discharge pollutants to waters of the State or
				  violate applicable state water quality standards.
Nothing in this rule prevents the Department from enforcing
				  the State's pollution control laws against owners or operators of snow dumps
				  that engage in activities that result in the discharge of pollutants to waters
				  of the State or the violation of applicable state water quality
				  standards.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 574 - SITING AND OPERATION OF ROAD SALT AND SAND-SALT STORAGE AREAS › Section 096-574-1 - Definitions

Current through 2024-29, July 17, 2024
As used in these rules the following terms have the following
				  meanings. Other terms used in these rules have the meanings set forth at
				  
				  38 M.R.S.A. §361-A.
A.
Road salt and sand-salt storage
				area.
Also referred to as "storage area" in this chapter. A facility
				that is used for the storage and handling of salt, sand-salt mixtures, and
				other solid deicing or dust control materials used on highways and other public
				and private ways, airport runways, sidewalks, and parking lots. A storage area
				includes all salt or sand-salt piles, any building or buildings in which these
				piles are contained, and all locations where storage, mixing, loading,
				unloading or other associated salt or sand-salt activities occur.
B.
Significant sand and gravel aquifer.
The area delineated by the Department of Conservation, pursuant to 38
				M.R.S.A. §403(2) as the primary recharge area for a sand and gravel
				aquifer capable of yielding more than ten gallons per minute.
C.
Source water protection area.
The area delineated by the Maine Drinking Water Program for a public
				water supply or numerous public water supplies, whether the source is ground
				water or surface water or both, as part of the Maine Source Water Protection
				Program approved by the U.S. Environmental Protection Agency under Section 1453
				of the Safe Drinking Water Act.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 574 - SITING AND OPERATION OF ROAD SALT AND SAND-SALT STORAGE AREAS › Section 096-574-2 - Applicability

Current through 2024-29, July 17, 2024
A.
New storage area.
A storage
				area registered with the department by an owner or operators after October 1,
				1999 is considered a new storage area and must comply with the registration,
				siting and operational requirements of this chapter regardless of whether the
				storage area existed prior to October 1, 1999. An owner or operator may be any
				person as defined at 38 M.R.S.A. §361-A(4).
B.
State and private Priority 4 and
				Priority 5 storage areas.
Storage areas owned or operated by state or
				federal governments or other public or private entities and classified as
				Priority 4 or Priority 5 on the "Project Priority List for State and Private
				Sand/Salt Storage Areas" adopted by the Board of Environmental Protection on
				September 21, 2000 (Appendix A) must comply with the operational requirements
				of this chapter, as provided in 38 M.R.S.A. §413(2-D).
C.
Exemptions.
The following
				storage areas are exempt from the requirements of this chapter.
(1) A storage area that contains 100 cubic
				yards or less of sand-salt mixture at any time.
(2) A storage area classified as Priority 1,
				Priority 2 or Priority 3 on the project priority lists adopted by the Board of
				Environmental Protection on or before September 21, 2000 and in compliance with
				the facility construction and operation schedule established in 38 M.R.S.A.
				§451-A(1-A). A facility is considered to be "in operation" as described in
				38 M.R.S.A. §451-A(1-A)(E) when all salt and sand-salt piles at the
				storage area have been relocated to a building or buildings.
(3) A storage area owned or operated by a
				municipality or county and classified as Priority 4 or Priority 5 on the
				"Project Priority List for Municipal and County Sand/Salt Storage Areas" by the
				Board of Environmental Protection on either March 16, 2000 or September 21,
				2000, as provided in 38 M.R.S.A. §451-A(1-A).
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 574 - SITING AND OPERATION OF ROAD SALT AND SAND-SALT STORAGE AREAS › Section 096-574-3 - Registration and siting requirements for new storage areas

Current through 2024-29, July 17, 2024
A.
Registration required.
The
				owner or operator of a new storage area shall register the storage area with
				the department.
B.
Siting
				requirements.
The following siting requirements apply to all new storage
				areas, unless a variance is granted by the department under the provisions of
				Section 6(A) of this chapter.
(1) The storage
				area may not overlie a significant sand and gravel aquifer.
(2) The storage area may not overlie a source
				water protection area.
(3) The
				storage area may not be located within 300 feet of a well, excluding any well
				that solely serves the storage area.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 574 - SITING AND OPERATION OF ROAD SALT AND SAND-SALT STORAGE AREAS › Section 096-574-4 - Operational requirements for new storage areas and for state and private Priority 4 and Priority 5 storage areas

Current through 2024-29, July 17, 2024
The following operational requirements apply to both new
				  storage areas and Priority 4 and Priority 5 storage areas owned or operated by
				  state or federal governments or other public and private entities, as cited in
				  Section
				  2(B), unless a
				  variance is granted by the department under the provisions of Section
				  6(B) of this
				  chapter.
A.
Pad.
All
				storage, mixing and loading of salt or sand-salt mixtures must occur on a floor
				or pad of hot bituminous concrete (i.e., asphalt) that is at least three inches
				thick. The pile or piles may not migrate off the pad.
B.
Control of runoff.
The
				storage area must be constructed so that runoff from areas outside the pad does
				not drain onto or across the pad.
C.
Cover.
Salt and sand-salt
				piles must be covered. Covering is accomplished by one of the following
				methods.
(1) The construction of a building in
				which to house the pile or piles. The storage building must prevent rain and
				snow from contacting the pile or piles; or
(2) Covering with a well-secured, durable,
				waterproof product, including, but not limited to, tarps and asphalt-treated
				sand. The pile or piles must be completely protected from snow and rainfall at
				all times except for a working face at times of access and for not more than 72
				hours following the last access. The pile or piles must be securely covered by
				May 31 of each year and not rebuilt on the site until September 1.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 574 - SITING AND OPERATION OF ROAD SALT AND SAND-SALT STORAGE AREAS › Section 096-574-5 - Compliance schedules

Current through 2024-29, July 17, 2024
A.
New
				storage area.
A person who owns or operates a new storage area must
				comply with the registration, siting and operational requirements of this
				chapter immediately upon commencement of salt or sand-salt storage, mixing,
				loading or unloading activities at the storage area.
B.
State and private Priority 4 and
				Priority 5 storage areas.
A state or federal government or other private
				or public entity that owns or operates a Priority 4 and Priority 5 storage
				area, as cited in Section 2(B), must comply with the operational requirements
				of this chapter by October 1, 2004.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 574 - SITING AND OPERATION OF ROAD SALT AND SAND-SALT STORAGE AREAS › Section 096-574-6 - Variance

Current through 2024-29, July 17, 2024
The department may grant a site-specific variance from the
				  siting or operational requirements in this chapter when it determines that
				  doing so will not have an adverse impact on water quality or the
				  environment.
A.
Variance from
				siting requirements.
Factors used in consideration of a variance from
				the siting requirements specified in Section 3(B) include, but are not limited
				to, whether homes or businesses in the area are serviced by a public water
				supply; whether the site is located in an area zoned for commercial or
				industrial development by the municipality; the proximity to a major river,
				marine waters or public water supply intake; and the availability of
				practicable alternative sites that meet the specified siting
				criteria.
B.
Variance from
				operational requirements.
Factors used in consideration of a variance
				from the operational requirements specified in Section 4 include, but are not
				limited to, the duration for which the storage area will be used; the proximity
				to a major river or marine waters; and the ability to demonstrate control over
				and discharge location of stormwater runoff from the site.
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 096-579-2 - Responsibility for sampling

Current through 2024-29, July 17, 2024
A.
Assessment.
In general, it is the responsibility of the department, or
				its agents, to conduct sampling for the purpose of making decisions on the
				attainment of water quality classification (classification attainment
				evaluation).
B.
Licensing.
Under certain conditions, as listed below, sampling may be
				required of an applicant for a waste discharge license, water quality
				certification or other department issued permit. Sampling must be performed by
				persons who can demonstrate their qualifications and ability to carry out the
				department's sampling protocol set forth in "Methods for Biological Sampling
				and Analysis of Maine's Rivers and Streams" (DE P LW 0387 -B2002).
Prior to issuance or reissuance of a waste discharge license
				  or other activities pursuant to 38 M.R.S.A. Chapter 3, Protection and
				  Improvement of Waters and the State's responsibilities under the federal Clean
				  Water Act, or issuance of a water quality certification pursuant to Section 401
				  of the Federal Clean Water Act, an applicant may be required to conduct a
				  classification attainment evaluation. The department may also require
				  monitoring as a condition of any license, permit or certification that it
				  issues. Such monitoring must be conducted according to a plan provided to, and
				  approved by, the department.
The decision by the department to require biological
				  monitoring is based on the classification of the water, existing information
				  about the condition of the biological community and other water quality
				  information, past performance of existing controls for point and nonpoint
				  sources of pollution, and the nature, magnitude, and variability of the
				  activity relative to the affected water.
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 096-579-4 - Determination of decision results

Current through 2024-29, July 17, 2024
A waterbody's attainment class is determined by following the
				  process described below, and as shown in Appendices 1 and 2.
A.
Assess data appropriateness and
				minimum requirements.
The first step is to determine if the sample meets
				minimum requirements (Section 3(A) ) and is appropriate to run through the
				Linear Discriminant Models (LDM). If the minimum provisions or sampling
				procedures are not appropriate, then professional judgment may be used to
				determine the appropriate course of action (Sections 3(G)(2) and 3(G)(3)
				).
B.
Determine if sample
				attains at least Class C
. The second step is to use the association
				value from the "C or better" LDM (pABC) to determine if the sample meets at
				least Class C or is in nonattainment of minimum aquatic life criteria. If the
				association value is equal to or greater than 0.6, the sample attains Class C.
				If the association value is less than 0.4, the sample does not attain Class C
				and is determined to be in nonattainment of any classification. If the
				association value (pABC) is greater than 0.4 and less than 0.6, then
				professional judgment is used to determine if the sample is (1) Class C, (2) in
				nonattainment, or (3) indeterminate of Class C (see Section 3(G)(1)
				).
C.
Determine if the sample
				attains at least Class B.
For those samples that attain at least Class
				C, the next step is to use the association value from the "B or better" LDM
				(pAB) to determine if the sample is (1) at least Class B with an association
				value equal to or greater than 0.6, (2) Class C with an association value less
				than 0.4, or (3) indeterminate of Class B with an association value greater
				than 0.4 and less than 0.6 (Section 3(G)(1) ).
D.
Determine if the sample attains
				Class A.
For those samples that are at least Class B, the final step is
				to use the association value from the "A" LDM (pA) to determine if the sample
				is:
(1) Class A with an association value
				equal to or greater than 0.6,
(2)
				Class B with an association value less than 0.4, or
(3) Indeterminate of Class A with an
				association value greater than 0.4 and less than 0.6 (Section 3(G)(1)
				).
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 096-579-6 - Provisions for transition

Current through 2024-29, July 17, 2024
All aquatic life samples collected for Classification
				  Attainment Evaluation after January 1, 2000 are subject to the provisions of
				  this chapter. All determinations of classification attainment or nonattainment
				  made by the department for samples collected prior to January 1, 2000 are
				  subject to analytical requirements and provisions described in "Maine
				  Biological Monitoring and Biocriteria Development Program" (DEP-LW-108) and
				  "Methods for Biological Sampling and Analysis of Maine's Rivers and Streams"
				  (DE P LW 0387 -B2002).
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 › Appendix 096-579-1 - Process Of Calculating Model Variables And Association Values Using Linear Discriminant Models

Current through 2024-29, July 17, 2024
Click
				  here to view Image
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 › Appendix 096-579-2 - Process For Determining Attainment Class Using Association Values

Current through 2024-29, July 17, 2024
Click
				  here to view Image
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 580 - REGULATIONS RELATING TO SAMPLING PROCEDURES AND ANALYTIC PROCEDURES › Section 096-580-1 - Chemical Sampling Procedures

Current through 2024-29, July 17, 2024
The latest edition of the following publications will be used
				  as standards for sample collection, preservation, and analysis.
A. Standard Methods for the Examination of
				Water and Wastewaters, American Public Health Association, New York,
				N.Y.
B. A.S.T.M. Standards, Part
				23, Water; Atmospheric Analysis; American Society of Testing and Materials;
				Philadelphia, PA.
C. Methods for
				Chemical Analysis of Water and Wastes, Environmental Protection Agency Water
				Quality Office, Analytical Quality Control Laboratory, 1014 Broadway,
				Cincinnati, Ohio.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 580 - REGULATIONS RELATING TO SAMPLING PROCEDURES AND ANALYTIC PROCEDURES › Section 096-580-2 - Collection and Analysis of Water Samples for Bacterial Content

Current through 2024-29, July 17, 2024
Samples shall be surface grabs collected and analyzed in
				  accordance with procedures set forth in the U.S. Environmental Protection
				  Agency publications "Microbiological Methods for Monitoring the Environment"
				  and "Test Methods for Escherichia coli and Enterococci in Water by the Membrane
				  Filter Procedure" except that (1) samples shall be collected from locations
				  where the water depth is at least two feet and (2) refrigerated samples may be
				  held for up to 24 hours prior to analysis.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 580 - REGULATIONS RELATING TO SAMPLING PROCEDURES AND ANALYTIC PROCEDURES › Section 096-580-3 - Assessment of Attainment for Bacteriological Water Quality Standards

Current through 2024-29, July 17, 2024
The assessment of whether classified waters are attaining the
				  bacteria standards ascribed to their classification shall be based on the
				  geometric mean of at least twelve samples collected at regular time intervals
				  between May 15th and September 30th and shall be analyzed through use of upper
				  90% confidence limits incorporating a 0.5 log standard deviation, except that a
				  lesser number of samples may be used for assessment purposes when collected in
				  close proximity to a known point source of residential/municipal wastewater.
				  Local Health Officers, in cooperation with the Department of Human Services,
				  may use an analysis of any number of samples, including a single instantaneous
				  bacteria level, as the basis for determining whether waters under their
				  jurisdiction should be closed for purposes of recreation in the
				  water.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 580 - REGULATIONS RELATING TO SAMPLING PROCEDURES AND ANALYTIC PROCEDURES › Section 096-580-6 - Bioassay Procedures

Current through 2024-29, July 17, 2024
Biosassay procedures will be performed according to
				  Department of Environmental Protection Standard methods.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 580 - REGULATIONS RELATING TO SAMPLING PROCEDURES AND ANALYTIC PROCEDURES › Section 096-580-7 - Biomonitoring Methods

Current through 2024-29, July 17, 2024
Sampling and evaluation of the resident biological community
				  will be performed according to Department of Environmental Protection approved
				  methods described in the "Methods for Biological Sampling and Analysis of
				  Maine's Waters", 1987.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 581 - REGULATIONS RELATING TO WATER QUALITY EVALUATIONS › Section 096-581-1 - Assimilative Capacity-Rivers and Streams

Current through 2024-29, July 17, 2024
For the purpose of computing whether a discharge will violate
				  the classification of any river or stream, the assimilative capacity of such
				  river or stream shall be computed using the minimum seven day low flow which
				  occurs once in ten years. Waste discharges shall be appropriately reduced when
				  flows fall below the seven day-ten year-low flow if the Board determines that
				  such reduction is necessary to maintain such applicable
				  classifications.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 581 - REGULATIONS RELATING TO WATER QUALITY EVALUATIONS › Section 096-581-2 - Minimum Flow-Regulated Rivers and Streams

Current through 2024-29, July 17, 2024
For regulated rivers and streams, the Department may
				  establish a minimum flow necessary to maintain water quality standards. This
				  flow will be based upon achieving the assigned classification, criteria and
				  protection of the uses of the stream. The Department will cooperate with
				  appropriate Federal, State and private interests in the development and
				  maintenance of stream flow requirements.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 581 - REGULATIONS RELATING TO WATER QUALITY EVALUATIONS › Section 096-581-3 - Assimilative Capacity-Great Ponds

Current through 2024-29, July 17, 2024
The hydraulic residence time will be used to compute the
				  assimilative capacity of great ponds. Hydraulic residence time will be computed
				  by dividing lake volume by the product of watershed area and the precipitation
				  runoff coefficient.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 581 - REGULATIONS RELATING TO WATER QUALITY EVALUATIONS › Section 096-581-5 - Zone of Passage

Current through 2024-29, July 17, 2024
All discharges of pollutants shall, at a minimum, provide far
				  a zone of passage for free-swimming and drifting organisms. Such zone of
				  passage shall not be less than 3/4 of the cross-sectional area at any point in
				  the receiving body of water. Such zone of passage may be reduced whenever the
				  applicant for a discharge can demonstrate that (a) because of physical
				  phenomena in the receiving body of water such minimum zone cannot be maintained
				  and (b) such minimum zone of passage is not necessary to protect organisms in
				  the receiving body of water from substantial adverse effects.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 581 - REGULATIONS RELATING TO WATER QUALITY EVALUATIONS › Section 096-581-6 - Great Ponds Trophic State

Current through 2024-29, July 17, 2024
A. Trophic state is
				the ability of a body of water to produce algae and other aquatic plants. The
				trophic state of a body of water is a function of its nutrient content and may
				be estimated using the Maine Trophic State Index (TSI) as follows:
All Lakes:
TSI = 70 log (mean chlorophyll a + 0.7)
Lakes with water color <30 SPU:
TSI = 70 log (.33 mean total phosphorus + 0.7) or,
TSI = 70 log (
105 + 0.7
)
mean Secchi disk
Standardized data requirements for calculating TSI shall be
				  determined by the Department.
B.
Algal bloom.
- An algal bloom
				is defined as a planktonic growth of algae which causes Secchi disk
				transparency to be less than 2.0 meters.
C.
Stable or decreasing trophic
				state.
A GPA water shall be considered to have stable or declining
				trophic state unless it exhibits (1) a perceivable and sustained increase in
				its trophic state as characterized by its Trophic State Index or other
				appropriate indices, or (2) the onset of algal blooms.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 582 - REGULATIONS RELATING TO TEMPERATURE › Section 096-582-1 - Freshwater Thermal Discharges

Current through 2024-29, July 17, 2024
No discharge of pollutants shall cause the ambient
				  temperature of any freshwater body, as measured outside a mixing zone, to be
				  raised more than 5 degrees Fahrenheit or more than 3 degrees Fahrenheit in the
				  epilimnion (upper mixed layer) of any lake or pond. In no event shall any
				  discharge cause the temperature of any freshwater body to exceed 85 degrees
				  Fahrenheit at a point outside a mixing zone established by the Board, nor shall
				  such discharge cause the temperature of any waters to exceed the U.S.
				  Environmental Protection Agency's national ambient water quality criteria
				  established to protect all species of fish that are indigenous to the receiving
				  waters at any point outside a mixing zone established by the Board. Site
				  specific criteria, generated from a study conducted according to DEP approved
				  methods for indigenous species of fish as defined in
				   38 M.R.S.A.
				  Sec.466, may be substituted for national
				  ambient water quality criteria, so long as the site specific criteria are no
				  less protective of species found to be indigenous to those waters, and so long
				  as the public participation requirements of federal and state law, including
				  those found at 40 CFR Part 25, have been met. When the ambient temperature of
				  any body of water naturally exceeds the limits set forth in this section, no
				  thermal discharge may be allowed which alone or in combination with other
				  discharges would raise the ambient temperature of the receiving water more than
				  0.5 Degrees Fahrenheit above the temperature which would naturally occur
				  outside a mixing zone established by the Board.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 582 - REGULATIONS RELATING TO TEMPERATURE › Section 096-582-5 - Tidal Water Thermal Discharges

Current through 2024-29, July 17, 2024
No discharge of pollutants shall cause the monthly mean of
				  the daily maximum ambient temperatures in any tidal body of water, as measured
				  outside the mixing zone, to be raised more than 4 degrees Fahrenheit, nor more
				  than 1.5 degrees Fahrenheit from June 1 to September 1. In no event shall any
				  discharge cause the temperature of any tidal waters to exceed 85 degrees
				  Fahrenheit at any point outside a mixing zone established by the
				  Board.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 584 - SURFACE WATER QUALITY CRITERIA FOR TOXIC POLLUTANTS › Section 096-584-1 - Criteria and Applicability

Current through 2024-29, July 17, 2024
The ambient water quality criteria established by this rule
				  are applicable to all surface waters of the State. These criteria are intended
				  to prevent the occurrence of toxic pollutants in toxic amounts as prohibited by
				  both the US Clean Water Act and State law and protect aquatic life and human
				  health. Aquatic life criteria are intended to assure that toxic pollutants are
				  not present in concentrations or amounts that would cause acute and or chronic
				  adverse impacts on organisms in, on or using the surface waters. Human health
				  criteria are intended to assure that toxic pollutants are not present in
				  concentrations or amounts that would cause adverse impact to persons who eat
				  organisms or drink water taken from the surface waters. In the case of marine
				  waters the consumption of water will not be considered for application of human
				  health criteria.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 584 - SURFACE WATER QUALITY CRITERIA FOR TOXIC POLLUTANTS › Section 096-584-2 - Narrative Water Quality Criteria

Current through 2024-29, July 17, 2024
Except as naturally occurs, surface waters must be free of
				  pollutants in concentrations which impart toxicity and cause those waters to be
				  unsuitable for the existing and designated uses of the water
				  body.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 584 - SURFACE WATER QUALITY CRITERIA FOR TOXIC POLLUTANTS › Section 096-584-4 - Risk levels

Current through 2024-29, July 17, 2024
For any pollutant believed to be carcinogenic, a risk level
				  that would result, at most, in one additional cancer per one million people
				  (risk of 1 X 10-6) exposed to the carcinogen must be
				  used in determining the human health criterion. Notwithstanding the above, the
				  Department shall utilize a 10-4 risk level when
				  calculating ambient water quality criteria for inorganic
				  arsenic.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 585 - IDENTIFICATION OF FISH SPAWNING AREAS AND DESIGNATION SALMONID SPAWNING AREAS › Section 096-585-1 - Identification of Fish Spawning Areas

Current through 2024-29, July 17, 2024
Prior to the licensing or relicensing of any wastewater
				  discharge which may affect the dissolved oxygen content of Class B or C waters,
				  the Department shall request the Commissioner of the Department of Inland
				  Fisheries and Wildlife to identify existing and potential fish spawning areas
				  in the receiving water, according to section
				  2 of this rule, in which higher
				  concentrations of dissolved oxygen are required to ensure spawning, egg
				  incubation, and survival of early life stages of fish species. In Class B
				  waters that have been identified as fish spawning areas, no activity may cause
				  the dissolved oxygen concentration to fall below a 7-day mean of 9.5 parts per
				  million or a 1 day minimum of 8.0 parts per million during the period October 1
				  to May 14 of the following year.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 585 - IDENTIFICATION OF FISH SPAWNING AREAS AND DESIGNATION SALMONID SPAWNING AREAS › Section 096-585-2 - Methods of identification

Current through 2024-29, July 17, 2024
The following methods (by priority) shall be considered by
				  the Department to document fish spawning areas.
(1)Identification of areas observed by
				fishery biologists as being utilized by any of these species for
				spawning.
(2)Identification of
				areas as spawning habitat in habitat inventories, river reports or agency
				files.
(3)Identification of
				research findings for the same species in other geographical areas, from
				scientific literature and Habitat Suitability Models for presently existing
				species.
(4)Identification based
				upon professional opinion of a certified fishery biologist experienced in
				salmonid ecology.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 585 - IDENTIFICATION OF FISH SPAWNING AREAS AND DESIGNATION SALMONID SPAWNING AREAS › Section 096-585-3 - Designation of salmonid spawning areas

Current through 2024-29, July 17, 2024
In Class C waters identified as salmonid spawning areas
				  pursuant to sections
				  1 and
				  2 of this rule, the Department shall
				  determine whether or not existing levels of dissolved oxygen in those waters
				  are sufficient to support spawning by comparison with U.S. EPA dissolved oxygen
				  criteria for spawning. If existing dissolved oxygen levels exceed EPA criteria,
				  the Department shall then designate such areas as salmonid spawning areas. No
				  activity may cause the dissolved oxygen in these areas to fall below EPA
				  criteria for the period October 1 to May 14 of the following year. Any person
				  may provide the Department with information pertinent to the identification and
				  designation of salmonid spawning areas using the methods in Section
				  2.
If ambient levels of dissolved oxygen are lower than the EPA
				  criteria, then corrective action must be taken or a Use Attainability Analysis
				  (UAA) must be conducted according to the requirements of the federal Clean
				  Water Act and
				  40 CFR
				  part 131.1.
NOTE:The first part of a UAA is a study to determine whether
				  or not designated uses are met. If they are, despite the fact that the criteria
				  are not, then new site-specific criteria can be set at existing ambient levels.
				  If uses are not met then the Legislature can, after reviewing social and
				  economic factors following a public participation process, set subcategories of
				  uses which require different criteria. Existing uses must be maintained and
				  protected.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 585 - IDENTIFICATION OF FISH SPAWNING AREAS AND DESIGNATION SALMONID SPAWNING AREAS › Section 096-585-4 - Periodic Review

Current through 2024-29, July 17, 2024
Designated salmonid spawning areas may be reviewed and
				  modified by the Department during any reissuance of a wastewater discharge
				  license, or as new information becomes available, in accordance with public
				  participation and other requirements of Section 303 c of the Clean Water Act
				  and 40 CFR, part 131.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 586 - RULES PERTAINING TO DISCHARGES TO CLASS A WATERS › Section 096-586-1 - Scope

Current through 2024-29, July 17, 2024
Under
				  
				  38 MRSA section464 discharges to class A
				  waters must be equal to or better than the receiving water in order to ensure
				  that habitat, aquatic life, and bacteria are as naturally occurs. The following
				  sections define effluent criteria necessary to ensure these requirements are
				  met.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 586 - RULES PERTAINING TO DISCHARGES TO CLASS A WATERS › Section 096-586-2 - Criterion for pH

Current through 2024-29, July 17, 2024
The pH of the discharged effluent shall not be greater than
				  or less than a 0.2 pH unit difference from that of the seasonal median value of
				  the receiving water upstream of the discharge.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 586 - RULES PERTAINING TO DISCHARGES TO CLASS A WATERS › Section 096-586-3 - Criterion for plant nutrients

Current through 2024-29, July 17, 2024
Nutrients in the discharged effluent shall not exceed the
				  seasonal median concentration of nutrients in the receiving water, or a value
				  demonstrated by the applicant to be better than the seasonal median and which
				  does not cause the aquatic life to be other than as naturally occurs.
The effluent shall not significantly alter the particle size
				  distribution of the downstream floral community or otherwise alter the natural
				  character of the downstream biotic community.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 586 - RULES PERTAINING TO DISCHARGES TO CLASS A WATERS › Section 096-586-4 - Criterion for temperature

Current through 2024-29, July 17, 2024
The temperature of the discharged effluent shall not vary by
				  more than 0.5[DEGREE]F from the temperature of the receiving water at the time
				  of discharge.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 586 - RULES PERTAINING TO DISCHARGES TO CLASS A WATERS › Section 096-586-5 - Criterion for dissolved oxygen

Current through 2024-29, July 17, 2024
In addition to the requirements of
				  
				  38 MRSA section465(2)(B) the
				  dissolved oxygen content of the discharged effluent shall not be less than that
				  of the receiving water at the time of discharge.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 586 - RULES PERTAINING TO DISCHARGES TO CLASS A WATERS › Section 096-586-6 - Criteria for other water quality parameters

Current through 2024-29, July 17, 2024
Except as provided above, the concentration in the discharged
				  effluent of biochemical oxygen demand and all constituents listed in Quality
				  Criteria for Water 1986 (EPA 440/5-86-001) shall not exceed the seasonal median
				  concentration as measured in the receiving water upstream of the discharge or
				  prior to a discharge where a suitable upstream site is not
				  available.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 586 - RULES PERTAINING TO DISCHARGES TO CLASS A WATERS › Section 096-586-7 - Establishment of seasonal values

Current through 2024-29, July 17, 2024
For the purpose of establishing seasonal values in the
				  receiving water pursuant to Sections
				  2,
				  3, and
				  6 of this rule, an applicant will
				  provide data based on seasons and sample frequencies approved by the Department
				  on a case by case basis.