reglab/statecodes huggingface dataset:
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 587 - IN-STREAM FLOWS AND LAKE AND POND WATER LEVELS › Section 096-587-3 - Calculation of seasonal aquatic base flow values

Current through 2024-29, July 17, 2024
A.
Using flow records.
Seasonal
				aquatic base flow is determined using flow records where adequate flow records
				are available for a specific waterbody. "Adequate flow records" means a minimum
				of 10 years of U.S. Geological Survey gauging records, or other equivalent flow
				records of good quality from unregulated waters, except as follows or as
				approved by the department.
(1) Where the
				period of flow record is at least 1 year, the available flow records may be
				extended by means of flow data from a nearby watershed with similar hydrologic
				characteristics and a minimum of 10 years of U.S. Geological Survey gauging
				records or other equivalent flow records.
(2) Where flow records are unavailable, flow
				records may be established by using a drainage area adjustment ratio for
				records from other gauged sites within the same drainage with at least a ten
				year period of record, and where the drainage areas of the gauged and ungauged
				sites differ by no more that 50%.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 587 - IN-STREAM FLOWS AND LAKE AND POND WATER LEVELS › Section 096-587-4 - Flow requirements for Class AA waters

Current through 2024-29, July 17, 2024
A.
Narrative requirement for Class AA
				waters.
Except as provided for in this section,flows inClass AA waters
				shall be maintained as they naturally occur. Withdrawal or other direct or
				indirect removal, diversion, activity, or use of these waters that causes the
				natural flow to be altered may occur as provided in paragraph 4-B
				below.
B.
Flow established by
				standard allowable alteration for Class AA waters.
Flow in Class AA
				waters may not be less than the amounts defined in subparagraphs (1), (2) and
				(3) below, except when natural conditions alone cause those flows to be less,
				or as provided by an Alternative Water Flow or regulatory permit as established
				in sections 7 or 8 of this chapter.
(1) When
				natural flow exceeds the spring aquatic base flow, 90% of the total natural
				flow shall be maintained.
(2) When
				natural flow during the early winter season exceeds the early winter aquatic
				base flow, 90% of the total natural flow shall be maintained.
(3) When natural flow in any other season,
				except as described in (1) and (2) above exceeds 1.1 times the seasonal aquatic
				base flow and exceeds 1.5 times seasonal aquatic base flow if aquatic base flow
				was calculated from methods in paragraph 3-B, 90% of the total natural flow
				shall be maintained.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 587 - IN-STREAM FLOWS AND LAKE AND POND WATER LEVELS › Section 096-587-5 - Flow requirements for Class A, B, and C waters

Current through 2024-29, July 17, 2024
A.
Narrative requirementfor Class A, B,
				and C waters.
Withdrawals or other direct or indirect removal,
				diversion, activity, or use of Class A, B, or C waters must maintain flows
				sufficient to protect all water quality standards including all designated uses
				and characteristics of the assigned class unless as a naturally occurring
				condition. When flow alteration occurs in Class A, B, or C waters that drain to
				a downstream Class AA water, the Class AA flow requirement
,
provided in section 4 of this chapter, shall be protected. Withdrawal or other
				direct or indirect removal, diversion, activity, or use of these waters that
				causes the natural flow to be altered shall occur as provided in paragraphs 5-B
				or 5-C below.
B.
Flow
				requirementsfor Class A waters.
Flow requirements established by the
				standard allowable alteration in Class A waters may not be less than the
				seasonal aquatic base flow as defined, except when natural conditions alone
				cause those flows to be less. Withdrawal or other direct or indirect removal,
				diversion, activity, or use of Class A waters may not occur for more than two
				consecutive seasons under the standard allowable alteration. The Commissioner
				may establish,pursuant to sections 7 or 8 of this chapter, site-specific water
				flows that are protective of all water quality standards, including all
				designated uses and characteristics of those waters.
C.
Flow requirementsfor Class B and C
				waters.
Flow requirements established by the standard allowable
				alteration in Class B and C waters may not be less than the seasonal aquatic
				base flow as defined, except when natural conditions alone cause those flows to
				be less. The Commissioner may establish,pursuant to sections 7 or 8 of this
				chapter, site-specific water flows that are protective of all water quality
				standards, including all designated uses and characteristics of those
				waters.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 587 - IN-STREAM FLOWS AND LAKE AND POND WATER LEVELS › Section 096-587-6 - Water level requirementsfor Class GPA waters

Current through 2024-29, July 17, 2024
Except as provided for in this section, water levels of Class
				  GPA waters shall be maintained as they naturally occur. Withdrawal or other
				  direct or indirect removal, diversion, activity or use of these waters that
				  causes the natural water level to be altered shall occur as provided in
				  paragraph 6-A below.
A.
Water
				level established by standard allowable alteration.
Water levels in
				Class GPA waters may not be less than the levels defined in subparagraphs
				A(1-3) below, except when natural conditions alone cause those levels to be
				less, or where the Commissioner has determined, as established in sections 7 or
				8 of this chapter, that site-specific water levels may be established that are
				protective of all water quality standards, including all designated uses and
				characteristics of those waters.
(1)
Class GPA waters without a natural surface water outlet
. Water
				levels must be maintained within the seasonal levels listed below, unless as a
				naturally occurring condition:
(a) within 1.0
				foot of the normal high water from April 1 to July 31; and,
(b) within 2.0 feet of the normal high water
				from August 1 until March 31.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 587 - IN-STREAM FLOWS AND LAKE AND POND WATER LEVELS › Section 096-587-7 - Alternative Water Flows and Alternative Water Levels

Current through 2024-29, July 17, 2024
Alternative flows or water levels may be established
				  following the procedure described in paragraphs 7-A and 7-B below, that allows
				  for withdrawal, diversion, activity, or other use based on the results of a
				  site-specific flow or water level study that is found by the Commissioner to be
				  protective of all water quality standards, including all designated uses and
				  characteristics, and taking into account the need for natural variation of flow
				  or natural variation of water level by indigenous aquatic organisms and the
				  processes needed to maintain those resources. The Alternative Water Flow or
				  Alternative Water Level will be made available for a 30 day review by other
				  state natural resource agencies and the public before being approved by the
				  Commissioner.
A.A water user or a
				state natural resource agency requesting an Alternative Water Flow or
				Alternative Water Level pursuant this paragraph shall use a form provided by
				the Department and shall include the following information in their filing. The
				information for the filing shall be developed with the assistance of the
				Department.
(1) The location of the proposed
				withdrawal.
(2) The amount,
				duration and frequency of the proposed withdrawal.
(3) A description of the water use, including
				assessment of any best management practices or water conservation practices
				relevant to the type of water use.
(4) The water flows or water levels that the
				water user proposes to maintain at the point of withdrawal, including
				alternative flows or water levels and management provisions that may be
				implemented when natural drought conditions occur.
(5) A plan for maintaining the proposed water
				flows or levels, including a monitoring plan that provides information on water
				use and flows or levels with a monitoring schedule reasonably sufficient to
				monitor compliance with the proposed flows or levels.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 587 - IN-STREAM FLOWS AND LAKE AND POND WATER LEVELS › Section 096-587-8 - Flows or water levels established by regulatory permit or water level order

Current through 2024-29, July 17, 2024
A.
Flows and
				water levels not related to hydropower projects.
Flows or water levels
				may be established as part of any regulatory permit or water level order issued
				by the Department, the Land Use Regulation Commission, or as authorized by the
				Cobbossee Watershed District. Flows or water levels established by regulatory
				permit shall be based on the results of a site-specific flow or water level
				study, taking into account the need for natural variation of flow and natural
				variation of water level. Where an existing regulatory permit issued by the
				Department or the Land Use Regulation Commission establishes flows or water
				levels prior to the effective date of this chapter, those flows or levels shall
				continue for the effective period of the permit. In-stream flow and water level
				requirements in this chapter apply to any subsequent reissuance of a regulatory
				permit by the Department or the Land Use Regulation Commission. Amendments or
				modifications to an existing permit which do not alter the manner of use or the
				amount of the water withdrawal, as stated in the permit, shall not require
				review under this chapter. A schedule may be assigned in any reissuance of a
				regulatory permit that will provide a reasonable period of time for compliance
				with a new flow or water level requirement
.
In a watershed where
				flows or water levels have been established by a regulatory permit of the
				Department or the Land Use Regulation Commission, those flows or levels must be
				taken into account when calculating downstream flows or levels in accordance
				with section 7 above, during the effective term of the permit.
B.
Hydropower Projects.
Flows
				and water levels for hydropower projects, as defined in 38 M.R.S.A.
				§632(3) shall be established through the Water Quality Certification
				process pursuant to Section 401 of the Clean Water Act,
				33
				U.S.C. §1341, or a permit issued
				pursuant to the Maine Waterway Development and Conservation Act, 38 M.R.S.A.
				§630 et seq., and therefore shall not be subject to or established through
				this Chapter, notwithstanding any other provision in this Chapter.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 587 - IN-STREAM FLOWS AND LAKE AND POND WATER LEVELS › Section 096-587-9 - Drought flow variance for Community Water Systems

Current through 2024-29, July 17, 2024
Whenever natural drought conditions, in combination with
				  Community Water System use, cause the applicable instream flow or water level
				  requirements of this chapter to not be maintained, the Community Water System
				  may continue to withdraw water for public need subject to any conditions the
				  Department may impose through the issuance of a variance pursuant to
				  40 CFR
				  131.13(2006). Such variances
				  may last for the duration of the drought condition and shall protect all water
				  quality standards to the extent possible, recognizing the combined effects of a
				  natural drought and the need to provide a safe, dependable public source of
				  water.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 587 - IN-STREAM FLOWS AND LAKE AND POND WATER LEVELS › Section 096-587-10 - Implementation of water flow and water level requirements

Current through 2024-29, July 17, 2024
A.
Implementation of water flow and
				water level requirements for existing agricultural producers.
An
				existing agricultural producer, as defined in Title 7 § 353.2.A or §
				353.2.B, has 5 years from the effective date of this chapter to attain the
				applicable in-stream flow and water level requirements established in sections
				4, 5, 6 or 7 of this chapter. An existing agricultural producer who has, or
				whose predecessor had, a permit or a written voluntary agreement establishing
				withdrawal limits must adhere to those limits for the 5-year period or until in
				compliance with the requirementsestablished in this chapter. The Commissioner,
				upon recommendation of the Maine Agriculture Water Management Board, may grant
				an extension of the implementation period beyond the original 5 years for an
				agricultural producer who qualifies for the 5-year compliance period, if the
				Department determines that one or more of the conditions for a compliance
				extension established in Title 7 § 353.4 apply.
B.
Implementation of water flow and
				water level requirements for existing Community Water Systems.
An
				existing Community Water System has five years from the date it is notified by
				the Department of non-compliance with the instream flow or water level
				requirements of this chapter to obtain a Community Water System Withdrawal
				Certificate from the Department and to enter into an agreement to take all
				feasible actions necessary to comply with, or restore to the extent feasible,
				the applicable in-stream flow and water level requirements established in
				sections 4, 5, 6 or 7 of this chapter for the source waterbody and affected
				downstream waters. The Commissioner may grant an extension of this 5-year
				implementation period if it can be demonstrated that reasonable progress toward
				implementation of a Community Water System Withdrawal Certificate has
				occurred.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 587 - IN-STREAM FLOWS AND LAKE AND POND WATER LEVELS › Section 096-587-11 - Watersheds most at risk from cumulative water use

Current through 2024-29, July 17, 2024
Waters which do not meet one or more water quality standard
				  due, in whole or in part, to the impact of water withdrawals are determined to
				  be most at risk from cumulative water use. Additionally, the following waters
				  identified in paragraphs A, B, and C below are determined to be most at
				  risk.
A.
Class AA river or
				stream watersheds most at risk from cumulative water use.
Watersheds
				which have direct withdrawal capacity that collectively amounts to 10% or more
				of any seasonal median flow for the season that withdrawal is
				intended.
B.
Class A, B, or C
				river or stream watersheds most at risk from cumulative water use
.
				Watersheds which have direct withdrawal capacity that collectively amounts to
				50% or more of any seasonal median flow that withdrawal is intended.
C.
Class GPA waters most at risk from
				cumulative water use.
Waters which have direct withdrawal capacity that
				collectively amounts to 80% or more of the available water for any defined
				period as provided by the standard allowable alteration.
D. This definition does not constitute a
				regulatory standard and is not intended as such. It is only intended to
				identify watersheds that are most at risk from cumulative water use for the
				purpose of directing future efforts to address water use planning.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 587 - IN-STREAM FLOWS AND LAKE AND POND WATER LEVELS › Section 096-587-12 - New activities in state waters

Current through 2024-29, July 17, 2024
Any activity altering the flow or water level of classified
				  state waters that requires a new or reissued regulatory permit from the
				  Department or the Land Use Regulation Commission, as of the effective date of
				  this chapter, will be regulated according to the flow and water level
				  requirements in this chapter. An Alternative Water Flow or Alternative Water
				  Level may be incorporated in any new or reissued regulatory
				  permit.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 587 - IN-STREAM FLOWS AND LAKE AND POND WATER LEVELS › Section 096-587-13 - Certain activities prohibited in Class AA waters

Current through 2024-29, July 17, 2024
Any activity in Class AA water that causes an alteration from
				  the naturally occurring flow must protect all water quality standards,
				  including the free-flowing characteristic. In-stream dams or other permanent
				  alterations of the natural stream channel are prohibited. Activities, including
				  the construction of structures in or adjacent to a waterbody to provide water
				  withdrawal, or temporary diversions necessary as part of approved construction
				  activity, may be permitted according to provisions in the Natural Resources
				  Protection Act ( 38 M.R.S.A. Section480 ).
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 587 - IN-STREAM FLOWS AND LAKE AND POND WATER LEVELS › Section 096-587-14 - Legal Water Rights Not Affected

Current through 2024-29, July 17, 2024
Determinations under this chapter do not confer legal water
				  rights or constitute a determination of reasonableness of use with respect to
				  other existing or future water users.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 592 - THE SMALL COMMUNITY WASTEWATER PROGRAM › Section 096-592-1 - Definitions

Current through 2024-29, July 17, 2024
The terms below have the following meanings.
A.
Applicant.
An "applicant" is
				a municipality, quasi-municipal organization, or county commissioners acting on
				behalf of an unorganized township or plantation.
B.
Commercial establishment.
A
				"commercial establishment" is a building used for purposes of trade or
				commerce, or used to conduct operations of a non-profit, governmental, or
				educational organization, or for renting for a total of more than six months in
				any year.
C.
Individual
				system.
An "individual system" is a privately owned and operated
				sanitary treatment facility serving one or more single family dwellings ,
				seasonal dwellings, or commercial establishments.
D.
Municipal system.
A
				"municipal system" is a municipally or quasi-municipally owned sanitary
				facility, the operation of which is funded by the collection of user fees or
				property taxes.
E.
Non-profit organization.
A "non-profit organization" is an organization
				with non-profit status under the U.S. Internal Revenue Code.
F.
Seasonal dwelling .
A
				"seasonal dwelling " is a dwelling that is not defined as a "commercial
				establishment" or "single family dwelling.
G.
Single family dwelling.
A
				"single family dwelling" is the dwelling that is continuously occupied by the
				owner for 6 months or more in any calendar year and is the legal residence of
				the owner for State and Federal income tax purposes.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 592 - THE SMALL COMMUNITY WASTEWATER PROGRAM › Section 096-592-2 - Funding

Current through 2024-29, July 17, 2024
The department uses funds from bond issues for implementation
				  of this program. Grants may be awarded to pay up to 90% of the costs of
				  municipal systems. Grants involving individual systems may be awarded for
				  funding from 25% to 100% of the cost of the project, depending upon the use of
				  the property and the owner's annual income. The maximum construction cost of
				  any project receiving funding through this program is $100,000. An application
				  may include several projects, and may be funded in any one year up to a maximum
				  of $90,000.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 592 - THE SMALL COMMUNITY WASTEWATER PROGRAM › Section 096-592-3 - Application for funds

Current through 2024-29, July 17, 2024
A.
Contents
				of an application.
An application is a written submission from the
				governing body of the municipality, or from the county commissioners on behalf
				of an unorganized township or plantation. The application must explain the
				water pollution problem, the number and type of sanitary systems involved
				(single family dwellings, seasonal dwellings, commercial establishments, etc.)
				and the benefit expected to the State from elimination of the pollution sources
				as well as all other information required by this rule. Use of monies obtained
				under the Small Community Grants Program is subject to the conditions stated in
				this chapter.
B.
Deadline.
An application may be submitted at any time. Only
				applications received before January 31 of the year will be eligible for award
				in the same calendar year except as described in section 3(C) below.
C.
Emergency request.
After the
				deadline for applications an application may be submitted as an emergency
				request for award during the same calendar year. An emergency request must
				demonstrate that the project will eliminate an immediate, severe threat to a
				public drinking water supply, an open shellfishing area, or to public health
				and will be considered on a case-by-case basis subject to the availability of
				funds. An emergency request is subject to all other requirements of the
				program.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 592 - THE SMALL COMMUNITY WASTEWATER PROGRAM › Section 096-592-4 - Review of applications

Current through 2024-29, July 17, 2024
A.
Project
				priorities.
Applications are prioritized by the severity of the
				pollution problem caused by the existing condition. Four types of pollution
				problems are used to prioritize applications, and each application is assigned
				a priority type based on the predominant category of problems shown in the
				application. Grants are awarded on the basis of priority type assigned,
				documentation of specific problems, and the number of requests received during
				the year.
(1) Public drinking water supply
				protection projects are designated as priority 1, the highest priority. The
				project must eliminate a source of contamination to a public surface or
				subsurface drinking water system as defined by 22 M.R.S.A. §601. This
				priority type will be assigned to a project when a potential public health
				hazard exists as a result of the contamination, and the contamination does or
				will require alternative sources of water or additional water treatment if the
				project is not carried out.
(2)Shellfishery protection projects are
				designated as priority 2, the second highest priority. The project must
				eliminate a source of contamination to a shellfishing area. This priority type
				will be assigned to a project that will eliminate sources of waste responsible
				for a shellfish area closure or eliminate sources of pollution in order to
				maintain an open status, according to the standards of the Department of Marine
				Resources.
(3) Water protection
				projects are designated as priority 3, the third highest priority. The project
				must eliminate a source of inadequately treated sewage to waters of the State.
				This priority type will be assigned to a project that will eliminate direct
				discharges of untreated or partially treated wastewater that degrade the
				quality of waters of the State.
(4)
				Public nuisance condition elimination projects are designated as priority 4,
				the fourth highest priority. The project must eliminate a hazard to public
				health resulting from the improper disposal of sewage. Public nuisance
				conditions may exist even if there is no discharge of sewage to a waterbody.
				This priority type will be assigned to a project that eliminates a nuisance or
				health hazard to the public caused by a malfunctioning or inadequate wastewater
				treatment and disposal system. A malfunction contained wholly within an owner's
				property is not normally considered to be a public nuisance.
NOTE: In addition to information furnished in the
				  application, the department may also seek information from the Department of
				  Human Services, the Department of Marine Resources, or other sources in the
				  assignment of projects to specific categories and determination of the relative
				  priority of problems within a category.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 592 - THE SMALL COMMUNITY WASTEWATER PROGRAM › Section 096-592-5 - Use of grant funds

Current through 2024-29, July 17, 2024
A.
Eligible
				costs.
Grant funds may be used to pay for the following work and
				services:
(1) Design of the treatment and
				disposal system;
(2) Construction
				of the treatment and disposal system up to and including connections through
				the foundation wall, as necessary;
(3) Proper abandonment of existing septic
				tanks to be replaced as part of the total construction plan;
(4) Inspection of the system by qualified
				person(s);
(5) Administrative
				services, advertising costs and telephone bills associated with the project,
				external plumbing permits, and easement recording fees;
(6) Internal plumbing done to avoid the use
				of a pump when the cost of a pump would be greater than the cost of the
				re-plumbing. Claims for such costs must be accompanied by written estimates for
				both alternatives; and
(7) Other
				project costs if the scope and cost are approved of in writing by the
				department.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 592 - THE SMALL COMMUNITY WASTEWATER PROGRAM › Section 096-592-6 - Applicant's responsibilities

Current through 2024-29, July 17, 2024
A.
Related
				laws.
The applicant shall abide by the Maine Subsurface Wastewater
				Disposal Rules and all other applicable laws.
B.
Good faith effort by the
				applicant.
Prior to submission of an application, the applicant shall
				make a good faith effort to ascertain the existence of all malfunctioning
				septic systems and direct discharges that are affecting water quality or
				causing a public nuisance within its jurisdiction. These systems are defined
				under sections 7(B) and (C) below.
(1) The
				applicant shall post a public notice about the program at the Municipal
				Building asking for information from individuals who may qualify for the
				program.
(2) A Local Plumbing
				Inspector or Code Enforcement Officer shall inspect all potentially qualifying
				systems to determine if a malfunction or direct discharge exists.
(3) The applicant shall provide the
				department with information necessary to determine the grant eligibility of
				each individual system. A list of eligible systems, arranged in order of
				severity of the pollution problem, will be developed jointly by the applicant
				and department. Individual systems will be funded based upon this eligibility
				list, in order of the most severe to the least severe, until available grant
				funds are expended. Projects not on the eligible list or lower on the list may
				be funded at the department's discretion.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 592 - THE SMALL COMMUNITY WASTEWATER PROGRAM › Section 096-592-7 - Requirements of individual systems for inclusion in program

Current through 2024-29, July 17, 2024
A.
Individual system
				requirements.
Individual systems may not be funded by the program unless
				the following requirements are met:
(1) The
				applicant has received a state grant from the Small Community Program that
				includes funding for individually owned systems;
(2) The individual system meets the
				eligibility criteria of sections 7(B) and (C) and is included in the list of
				eligible systems described in section 6(B)(3) of this chapter;
(3) The owner of the individual system meets
				the income requirements of section 7(E) below and has submitted a statement of
				financial condition to the applicant; and
(4) The owner of the individual system has
				submitted to the applicant: (1) a signed agreement and (2) a signed easement
				form.
(a) Agreement. The applicant shall
				require a signed agreement between the applicant and the owner for each
				individual system . This agreement must :
(i)
				Grant access to the site for design, construction and inspection of the
				required facilities;
(ii) Require
				payment of owner's share of project ;
(iii) State that the owner is responsible for
				the maintenance and repair of the system; and
(iv) Be accompanied by the previous year's
				federal tax return if one was filed, or a signed statement of financial
				condition if a tax return was not filed.
(b) Easement form. The applicant shall
				require a signed easement form to be recorded by the applicant at the Registry
				of Deeds. This shall be recorded within thirty days after a contract has been
				signed for construction. This easement grants to the applicant the right of
				access at all reasonable times to inspect or correct a malfunction should the
				owner fail to do so, and requires repayment of all or part of the grant to the
				applicant if the property is sold or transferred within a time period
				determined by the department. Funds which are repaid because of the transfer of
				property may either be used by the applicant to construct other projects on the
				list of eligible systems, or returned to the department.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 592 - THE SMALL COMMUNITY WASTEWATER PROGRAM › Section 096-592-8 - Design of treatment system

Current through 2024-29, July 17, 2024
The applicant shall secure the services of a qualified
				  individual or consulting firm for the design of the treatment system. A
				  licensed site evaluator may design subsurface treatment systems up to 2,000
				  gallons per day (gpd) in size. A professional engineer is required to design
				  and prepare contract documents for subsurface wastewater disposal systems in
				  excess of 2,000 gpd and for overboard discharge systems.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 592 - THE SMALL COMMUNITY WASTEWATER PROGRAM › Section 096-592-9 - Cost quotations, contract awards and state payments

Current through 2024-29, July 17, 2024
A.
Bidding requirements.
The
				applicant is required to solicit quotations from area contractors using
				contract documents approved by the department. Sealed competitive bids are
				required for all contracts. An advertisement for bids must be published in a
				local newspaper at least seven (7) days before bids are opened. The systems may
				be bid as follows:
(1) Separate contracts
				must be bid for each individual system, and the basis of contract award is a
				lump sum price for each system; or
A single contract must be bid for all individual systems. In
				  this case, the basis of contract award is a total lump sum price for
				  construction of all individual systems; or
(2) For municipal systems, the basis of the
				contract award must be stated in the contract documents.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 592 - THE SMALL COMMUNITY WASTEWATER PROGRAM › Section 096-592-10 - Inspection of treatment system

Current through 2024-29, July 17, 2024
All construction under program grants pursuant to this
				  chapter must be inspected as follows:
A.
Engineered subsurface or overboard
				discharge systems.
For subsurface disposal systems with wastewater flow
				greater than 2,000 gpd, or overboard discharge systems, the services of an
				on-site inspector hired by the consulting engineer are required.
B.
Non-engineered subsurface
				systems.
For subsurface disposal systems with wastewater flow less than
				2,000 gpd, inspection by the local plumbing inspector or code enforcement
				officer is required. Additional inspection by a site evaluator, consultant, or
				department project representative may be required by the contract
				documents.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 594 - STATE CONTRIBUTION TO OVERBOARD DISCHARGE REPLACEMENT PROJECTS › Section 096-594-1 - Definitions

Current through 2024-29, July 17, 2024
A.
Applicant.
An "applicant" is
				a person, a municipality, a quasi-municipal organization, or county
				commissioners acting on behalf of an unorganized township or
				plantation.
B.
Commercial
				establishment.
A ''commercial establishment" is a building primarily
				used for the purposes of trade or commerce, a non-profit organizational
				endeavor, or a municipal or quasi-municipal government purpose.
C.
Construction costs.
"Construction costs" for the purposes of grants madeunder this chapter mean
				costs associated with the installation of the wastewater disposal system up to
				and including connections through the foundation wall, as necessary. If a
				replacement system cannot be installed on property owned or controlled by the
				applicant, and the Department determines it necessary to carry out the
				overboard discharge removal, then easement or land acquisition costs and
				associated legal fees necessary for the installation, operation, maintenance
				and replacement of an approved replacement system may be included, provided
				that these costs are not prohibited by any applicable Federal rules or
				laws.
D.
Individually
				administered project.
An "individually administered project" is a
				project to remove an overboard discharge in which the owner of the overboard
				discharge acts as the grant applicant and is responsible for the implementation
				and completion of the project.
E.
Multiple use property.
A "multiple use property" is a building or
				buildings with combined uses defined separately as a "commercial
				establishment", "residential rental property", or "single family
				dwelling".
F.
Overboard
				discharge.
For the purposes of these rules an "overboard discharge" is a
				licensed discharge to the surface waters of the State of domestic pollutants
				not conveyed to and treated in municipal or quasi-municipal sewerage treatment
				facilities from a property that has a valid or expired waste discharge license
				issued by the department.
G.
Public nuisance condition.
A ''public nuisance condition" means an
				existing overboard discharge to a receiving water that is:
(1) A Class GPA, A, or SA water;
(2) A tributary to a class GPA
				water;
(3) A water body with a
				drainage area of less than 10 square miles; or
(4) A violation of 38 M.R.S.A.
				§§464, 465, 465-A or 465-B.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 594 - STATE CONTRIBUTION TO OVERBOARD DISCHARGE REPLACEMENT PROJECTS › Section 096-594-2 - Funding

Current through 2024-29, July 17, 2024
Funding is in accordance with
				  
				  38 M.R.S.A. §411-A and subject to the
				  availability of funds under
				   38 M.R.S.A.
				  §411.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 594 - STATE CONTRIBUTION TO OVERBOARD DISCHARGE REPLACEMENT PROJECTS › Section 096-594-3 - Priority

Current through 2024-29, July 17, 2024
The commissioner shall authorize grants according to an
				  annual priority list developed using input from the Department of Environmental
				  Protection, Department of Marine Resources, town governments, local shellfish
				  committees and other interested parties.Technical feasibility and estimated
				  costs and benefits derived from proposed projects will be considered in
				  developing the priority list.Eligible projects must be assigned one of the
				  following priorities in order to be eligible for grant funding:
A.
High priority.
Reimbursement
				for elimination of discharges to shellfish harvesting areas or elimination of
				public nuisance conditions, as listed on the current priority list;
				or
B.
Low priority.
Reimbursement for elimination of discharges to shellfish harvesting
				areas or elimination of public nuisance conditions that do not qualify for
				funding as high priority projects.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 594 - STATE CONTRIBUTION TO OVERBOARD DISCHARGE REPLACEMENT PROJECTS › Section 096-594-4 - Eligibility

Current through 2024-29, July 17, 2024
Persons, municipalities, quasi-municipal organizations and
				  county commissioners may be eligible to receive funds to eliminate overboard
				  discharges that cannot be relicensed under
				   38 M.R.S.A.
				  §414-A(1-B) or that are
				  required by property transfers under
				   38 M.R.S.A.
				  §413(3).No projects
				  will be eligible for funding until the department reviews and approves the
				  project.A person who removed an overboard discharge after September 30, 1989
				  according to plans and specifications approved by the commissioner in advance
				  of construction may be reimbursed subject to Section
				  2 above.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 594 - STATE CONTRIBUTION TO OVERBOARD DISCHARGE REPLACEMENT PROJECTS › Section 096-594-5 - Application for funds

Current through 2024-29, July 17, 2024
An application is a written document from the project
				  applicant.The document must include the applicant's name and address, discharge
				  license number(s) of the overboard discharge(s) proposed to be removed, a
				  description of the project, the priority category,information documenting
				  ownership of the property and income verification using the proper tax
				  forms.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 594 - STATE CONTRIBUTION TO OVERBOARD DISCHARGE REPLACEMENT PROJECTS › Section 096-594-6 - Use of grant funds

Current through 2024-29, July 17, 2024
A.
Eligible
				costs.
State funds may be used to pay for the following work and
				services, provided that the cost and scope of the work has been determined by
				the commissioner to be reasonable and necessary to remove the overboard
				discharge. In determining reasonable and necessary costs for the replacement
				system, the commissioner shall take into account costs and benefits obtained by
				construction of the system, the expected successful operation of the system and
				any other relevant factors.
(1) Design of the
				replacement system.
(2)
				Construction costs for the replacement.
(3) Inspection of the replacement system by a
				qualified person(s).
(4)
				Administrative services, associated with the project.
(5) Costs to abandon the overboard discharge
				system in accordance with Chapter 596 of the Department's rules referring to
				overboard discharge licensing and abandonment.
(6) Other necessary project costs as
				determined by the commissioner.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 594 - STATE CONTRIBUTION TO OVERBOARD DISCHARGE REPLACEMENT PROJECTS › Section 096-594-7 - Requirements for inclusion in program

Current through 2024-29, July 17, 2024
A.
Eligible systems.
Only replacement systems for buildings whose
				owners are required to eliminate a licensed discharge to comply with 38
				M.R.S.A. § 414-A(1-B) or 38 M.R.S.A. §413(3) are eligible for
				funding.
B.
Non-eligible
				systems.
Replacement systems are ineligible for funding in the following
				situations.
(1) A building that did not have
				a licensed overboard discharge prior to September 30, 1989.
(2) A building that is otherwise not in
				compliance with laws of the State or the municipality.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 594 - STATE CONTRIBUTION TO OVERBOARD DISCHARGE REPLACEMENT PROJECTS › Section 096-594-8 - Design of treatment system

Current through 2024-29, July 17, 2024
The applicant shall secure the services of a qualified
				  individual or consulting firm for a system design.A licensed site evaluator may
				  design subsurface wastewater disposal systems up to 2,000 gallons per day (gpd)
				  in size.A professional engineer is required to design and prepare contract
				  documents for wastewater disposal systems in excess of 2,000 gpd.A copy of the
				  final wastewater system design must be submitted to the department for approval
				  prior to the start of construction.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 594 - STATE CONTRIBUTION TO OVERBOARD DISCHARGE REPLACEMENT PROJECTS › Section 096-594-9 - Cost quotes, contract awards and State payments

Current through 2024-29, July 17, 2024
A.
Bidding procedure.
All
				applicants are required to solicit bids or quotes from area contractors using
				contract documents for the project.
1
				Individually administered projects.A minimum of three competitive quotes from
				qualified contractors must be obtained.
2 Town administered projects.Sealed
				competitive bids are required for all contracts.An advertisement for bids must
				be published in a local newspaper at least seven (7) days before bids are
				opened. The bid advertisement may require separate bids for each individual
				system or a single bid for multiple systems with an individual price for each
				system.The contract will be awarded as follows:
(a) A separate contract for each individual
				system will be drawn and payment will be a lump sum for each individual system;
				or
(b) A single contract for a
				group of individual systems may be drawn with payment being made as a lump sum
				for construction of each individual system.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 594 - STATE CONTRIBUTION TO OVERBOARD DISCHARGE REPLACEMENT PROJECTS › Section 096-594-10 - Inspection of treatment system

Current through 2024-29, July 17, 2024
All construction of subsurface disposal systems under grants
				  pursuant to this chapter must be inspected as required by Chapter 241, Maine
				  Subsurface Wastewater Disposal Rules of the Department of Health and Human
				  Services effective October 1, 2002.Public sewer connections must be inspected
				  as required by the local sewer use ordinance and other applicable
				  standards.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 595 - STATE REVOLVING FUND › Section 096-595-B - Program Requirements

Current through 2024-29, July 17, 2024
1.
Obligation
				Period.
Funds allotted to the State must be available for obligation for
				a period of one year after the close of the federal fiscal year for which the
				funds are authorized.
2.
Reserves for Planning and Program Administration.
The Act, under
				section 604(b) (
				33 U.S.C.§
										1384 ) requires states to reserve the greater
				of one percent of its allotment or $100,000 each year to carry out planning
				under sections 205(j) and 303(e). Section 603(d)(7) of the Act (
				33 U.S.C.§
										1383(d)(7) ) also allows
				states to use up to four percent of all grant awards to the fund under this
				title, $400,000 per year, or 1/5th percent per year
				of the current valuation of the fund, whichever amount is greatest, plus the
				amount of any fees collected by the State for administration of the fund and
				conducting activities under this title.
3.
Types of Financial
				Assistance.
The SRF has been established to assist and encourage
				Eligible Applicants to design and construct eligible Treatment Works and
				Non-Point Source projects required to improve or protect water quality and
				public health with Financial Assistance.
(a)
				Purpose of the SRF. The SRF may be used for one or more of the following
				purposes:
(i) To make loans to Eligible
				Applicants pursuant to
				30-A
				M.R.S.§5953-A and §
											6006-A;
(ii) To make loans to refund bonds or notes
				of Eligible Applicants issued after March 7, 1985, for the purpose of financing
				the construction of any capital improvement described in § 5953- A(l), and
				certified under § 5953- A(3);
(iii) To guarantee or insure, directly or
				indirectly, the payment of notes or bonds issued or to be issued by Eligible
				Applicants for the purpose of financing the construction of any capital
				improvement described in section 5953- A(l), and certified under section 5953-
				A(3);
(iv) To guarantee or insure,
				directly or indirectly, funds established by Eligible Applicants for the
				purpose of financing construction of any capital improvement described in
				section 5953-A(l);
(v) To invest
				available fund balances and to credit the net interest income on those balances
				to the SRF;
(vi) To invest as a
				source of revenue or security for the payment of principal and interest on
				general or special obligations of the Bank if the proceeds of the sale of the
				obligations have been deposited in the SRF or if such proceeds are to be used
				in conjunction with monies from the SRF for eligible Project purposes, or as a
				source of revenue to subsidize loan payment obligations of Eligible Applicants;
				and
(vii) To pay the costs
				permitted pursuant to the
Federal Water Pollution Control Act
,
				Title VI.