reglab/statecodes huggingface dataset:
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 530 - SURFACE WATERS TOXICS CONTROL PROGRAM › Section 096-530-4 - Water Quality Based Limit Derivation

Current through 2024-29, July 17, 2024
Water quality based limits must be developed by using the
				  following procedures.
A.
Calculation of dilution factors.
A simple dilution model using
				design stream flows specified in this section must be used to determine
				allowable effluent limits unless there is information that makes another model
				approved by the Department more appropriate. All substances are assumed to be
				persistent in the environment. With a non-continuous discharge (such as a
				lagoon which can be impounded or a continuous discharge prohibited from
				discharging under specified conditions), the dilution factors can be based on a
				guaranteed minimum stream flow or tidal stage below which a discharge will not
				occur. The discharger must submit a request for a license modification that
				reflects a different minimum stream flow. If the Department approves an
				alternate stream flow, the license must include a monitoring and reporting
				requirement, and must include an accurate means of measuring stream flow that
				is calibrated annually.
(1) Dilution factors
				(DF) for freshwater discharges are calculated using the following models:
(a) If the entire water supply that
				ultimately makes up the effluent flow (Qe) is taken from the receiving water
				upstream of the location from which the stream design flow (Qr) is calculated
				or measured, then:
DF = Qr/Qe
(b) If the water supply is comprised of water
				taken from the receiving water (Qw) and/or from another location (Qo), then:
DF = (Qr + Qo)/(Qw + Qo)
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 530 - SURFACE WATERS TOXICS CONTROL PROGRAM › Section 096-530-5 - WET Testing Procedures

Current through 2024-29, July 17, 2024
Toxicity tests must be conducted by an experienced laboratory
				  approved by the Department. The laboratory must follow the procedures described
				  in the following USEPA methods manuals, except as modified by the Department on
				  a case by case basis or as described in this section for the Salmonid Survival
				  and Growth Test.
A.
EPA Methods
				Manuals
U.S. Environmental Protection Agency. 2002.
Methods
				  for Measuring the Acute Toxicity of Effluents and Receiving Waters to
				  Freshwater and Marine Organism
s, 5 th ed. EPA 821-R-02-012. U.S.
				  Environmental Protection Agency, Office of Water, Washington, D.C., October
				  2002 (the acute method manual)
U.S. Environmental Protection Agency. 2002.
Short-term Methods for Estimating the Chronic Toxicity of Effluents and
				  Receiving Waters to Freshwater Organism
s, 4 th ed. EPA 821-R -02-013.
				  U.S. Environmental Protection Agency, Office of Water, Washington, D.C.,
				  October 2002 (the freshwater chronic method manual)
U.S. Environmental Protection Agency. 2002.
Short-term Methods for Estimating the Chronic Toxicity of Effluents and
				  Receiving Waters to Marine and Estuarine Organism
s, 3 rd ed. EPA
				  821-R-02-014. U.S. Environmental Protection Agency, Office of Water,
				  Washington, D.C., October 2002 (the marine chronic method
				  manual)
B.
Salmonid
				Survival and Growth Test.
The Salmonid survival and growth test must
				follow the procedures for the fathead minnow larval survival and growth tests
				detailed in USEPA's freshwater acute and chronic methods manuals (see
				references above) with the following modifications:
Species
- Brook Trout,
Salvelinus
				  fontinalis
, or other salmonid approved by the Department.
Age
- Less than six months old for the first
				  test each year and less than twelve months for subsequent tests.
Size
- The largest fish must not be greater than
				  150% of the smallest.
Loading Rate
- < 0.5 g/l/day
Feeding rate
- 5% of body weight 3 times daily
				  (15%/day)
Temperature
- 12[DEGREE] +- 1[DEGREE]C
Dissolved Oxygen
- 6.5 mg/l ,aeration if needed
				  with large bubbles (> 1 mm diameter) at a rate of <100/min
Dilution Water
- Receiving water upstream of
				  discharge (or other ambient water approved by the Department)
Dilution Series
- A minimum of 5 effluent
				  concentrations (including the instream waste concentrations bracketing acute
				  and chronic dilutions calculated pursuant to Section D); a receiving water
				  control; and control of known suitable water quality
Duration
- Acute = 48 hours
- Chronic = 10 days minimum
Test acceptability
- Acute = minimum of 90%
				  survival in 2 days
- Chronic = minimum of 80% survival in 10 days; minimum
				  growth of 20 mg/gm/d dry weight in controls, (individual fish weighed, dried at
				  100[DEGREE]C to constant weight and weighed to 3 significant
				  figures)
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 531 - WASTEWATER TREATMENT PLANT OPERATOR CERTIFICATION › Section 096-531-1 - Applicability

Current through 2024-29, July 17, 2024
A. This chapter applies to any wastewater
				treatment plant in the State holding a state or federal pollutant discharge
				elimination system permit or a State waste discharge license under
				38 M.R.S.
				§413.
B. This chapter applies to any person who is
				certified by the Department as an operator under the provisions of
				32 M.R.S.
				§§4171-4182.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 531 - WASTEWATER TREATMENT PLANT OPERATOR CERTIFICATION › Section 096-531-3 - Classification of Wastewater Treatment Plants

Current through 2024-29, July 17, 2024
Wastewater treatment plants will be classified by the
				  Department through the licensing process. Wastewater treatment plants are
				  classified by type (Biological, Physical/Chemical, or Spray Irrigation
				  Treatment System) and grade level following a standard evaluation of the
				  treatment plant. Factors affecting plant classification include design flow,
				  effluent discharge, influent characteristics, preliminary, primary, secondary,
				  tertiary, and physical-chemical treatment, solids handling, disinfection,
				  laboratory, collection system, and system complexity. The Department may
				  upgrade or downgrade an individual treatment plant's classification if the
				  Department finds that its current classification does not properly account for
				  the design, complexity or degree of skill required to operate the plant.
A. Biological treatment plants are classified
				B-1 through B-5 and include public and private treatment plants that utilize
				biological treatment as the primary treatment process.
B. Physical/Chemical (P/C) treatment plants
				are classified as P/C-1 or P/C-2. The Department may assign P/C plants a
				Biological classification based on size and complexity.
C. Spray Irrigation Treatment Systems (SITS)
				include private and commercial spray systems classified as SITS-1 or SITS-2.
				The Department may assign SITS plants a Biological classification based on size
				and complexity. Municipal and quasi-municipal pond/lagoon systems treating
				domestic wastewater will be assigned a Biological classification.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 531 - WASTEWATER TREATMENT PLANT OPERATOR CERTIFICATION › Section 096-531-4 - Certification of Operators

Current through 2024-29, July 17, 2024
The Department will issue certifications to operators in
				  categories and grade levels that parallel the classification of wastewater
				  treatment plants as described above. A certified operator will be considered by
				  the Department to have demonstrated competency to supervise, manage, or operate
				  a treatment plant of the same classification or lower of each
				  classification.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 531 - WASTEWATER TREATMENT PLANT OPERATOR CERTIFICATION › Section 096-531-5 - Operator in Responsible Charge (ORC)

Current through 2024-29, July 17, 2024
The owner of a treatment plant shall designate a minimum of
				  one person to be the ORC who has direct responsibility to successfully manage
				  and supervise the operation of the wastewater treatment plant. Other employees
				  under the supervision or management of an Operator in Responsible Charge (ORC)
				  may but need not be certified.
A. The
				ORC must hold a certification classification of a level equal to or greater
				than the classification of the wastewater treatment plant.
B. The ORC must have active status as defined
				in section
				6 below.
C. A registered professional engineer (P.E.)
				in good standing may be designated by the owner to be the ORC of a treatment
				plant of any classification without obtaining additional
				certification.
D. The owner of a
				wastewater treatment plant may contract with an individual contract operator or
				contract operations firm to meet the ORC requirements. Contract agreements must
				be submitted to the Department and are subject to review and approval as
				follows:
1) The owner may initiate an interim
				contract agreement with the contract operator or contract operations firm for
				up to 90 days, provided the interim contract is submitted to the Department
				within 24 hours of initiation. The contracted operator may serve as the ORC
				during the term of the interim contract.
2) The owner must obtain Department approval
				of a final contract agreement before the expiration of the interim contract or,
				in the absence of an interim contract, prior to initiation.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 531 - WASTEWATER TREATMENT PLANT OPERATOR CERTIFICATION › Section 096-531-6 - Certification Status

Current through 2024-29, July 17, 2024
The Department will designate certification status as
				  follows:
A.
Active:
Operators who are in good standing and have maintained their certification
				through proper renewal, including receiving required training contact hours
				(TCH) and payment of fees are designated as active.
B.
Inactive:
Operators who have
				not renewed their certification completely by the biennial renewal deadline are
				designated as inactive. An operator with inactive status cannot be the ORC of a
				wastewater treatment plant.
C.
Provisional Certification
: An operator who has passed an
				examination for a specific classification and grade level but has not met the
				education and/or work experience requirements for that certification is
				designated as provisional. Provisional status cannot be the basis for an
				operator to be designated the ORC of a wastewater treatment plant. An operator
				with provisional status must hold an active wastewater certification that is at
				least a Grade B-1.
D.
Suspended:
A person whose certification has been suspended in
				accordance with
				32 M.R.S.
				§4175-A and this chapter is no longer
				certified during the term of suspension. A person with a suspended
				certification may not serve as a certified operator or ORC during the term of
				suspension.
E.
Revoked:
A person whose certification has been revoked in
				accordance with
				32 M.R.S.
				§4175-A and this chapter is no longer
				certified. A person with a revoked certification may not serve as a certified
				operator or ORC in any capacity. To become recertified at any classification, a
				person must apply for reinstatement pursuant to sections
				7 and
				8 of this
				chapter.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 531 - WASTEWATER TREATMENT PLANT OPERATOR CERTIFICATION › Section 096-531-7 - Requirements for Certification

Current through 2024-29, July 17, 2024
A.
Examination
. Applicants must meet education and experience
				requirements and pass a qualifying examination to achieve active status for the
				specified classification. Exams may be taken in sequential or direct-entry
				format.
1) The Department may enter into
				contracts with third parties for the development, scoring, and delivery of
				exams.
2) Examinations will be
				reviewed by the Department to assure adequate subject matter to cover the
				fundamentals of operation, maintenance, and administration of a wastewater
				treatment plant, and knowledge and understanding of rules applicable to
				wastewater plants.
3) The
				Department will assure the availability of frequent exams and provide notice of
				exam application procedures.
4) A
				person whose certification has been revoked in accordance with
				32 M.R.S.
				§4175-A and this chapter must pass a
				qualifying examination for the specified classification prior to reinstatement.
				The Department may, at its discretion, waive the exam requirement for
				reinstatement.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 531 - WASTEWATER TREATMENT PLANT OPERATOR CERTIFICATION › Section 096-531-8 - Additional Proof of Competency Following Revocation

Current through 2024-29, July 17, 2024
A person whose certification has been revoked may apply for
				  reinstatement of a certification pursuant to section
				  7 of this chapter only after providing
				  to the Department additional Proof of Competency and passing a qualifying exam.
				  This Proof of Competency must include evidence that the operator has met
				  minimum qualifications, based on education, experience, and training, and is
				  capable of performing operational duties and maintaining permit compliance in
				  accordance with the classification and grade level of certification held, using
				  reasonable care and judgment, and abiding by all laws relevant to their
				  profession. Additional Proof of Competency shall include evidence of the
				  following:
A. Work under the direct
				supervision of an ORC with an active certification at the same grade or higher
				than the grade sought by the applicant for a period of at least one year.
				Following this period, the supervising ORC must submit documentation to the
				Department describing the type and quality of operational duties performed,
				with confirmation that the operator has complied with section
				16 of this chapter.
B. Attendance of up to 10 hours of
				Department-approved training for process control, laboratory, operator ethics,
				and/or management, depending on plant complexity and position held.
C. The Proof of Competency must be reviewed
				and approved by the Department before the person is allowed to retake the
				examination.
D. The person must
				pass a qualifying examination for the specified classification prior to
				reinstatement. The Department may, at its discretion, waive the exam
				requirement for reinstatement.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 531 - WASTEWATER TREATMENT PLANT OPERATOR CERTIFICATION › Section 096-531-9 - Biennial Renewals

Current through 2024-29, July 17, 2024
Certifications will be renewed on a two-year cycle as
				  follows:
A. The initial certification
				period shall not exceed two years and must be based on the biennial
				certification period.
B.
				Requirements for renewals include payment of required fees, updating contact
				information, fulfilling continuing education requirements, and submitting
				required documentation in accordance with deadlines specified by the
				Department.
C. The cycle of renewal
				does not change with late or reinstated certifications. Upgrading a
				certification within a certification period does not extend the renewal
				deadline.
D. An operator's
				certification that has been revoked in accordance with
				32 M.R.S.
				§4175-A and this chapter is no longer
				valid and the person is no longer certified. To become recertified at any
				classification, a person must apply for reinstatement pursuant to sections
				7 and
				8 of this
				chapter.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 531 - WASTEWATER TREATMENT PLANT OPERATOR CERTIFICATION › Section 096-531-10 - Continuing Education

Current through 2024-29, July 17, 2024
A. An operator must
				complete continuing education during each two-year certification period before
				the operator's certification may be renewed for the next two-year period.
1) Biological Grades 1-5, P/C-1, P/C-2, and
				SITS-2 operators must complete at least eighteen TCHs of Department-approved
				continuing education. No more than a total of six TCHs of safety training or
				management training may be applied towards this requirement.
2) SITS-1 operators must complete at least
				six TCHs of Department-approved continuing education. Safety training and/or
				management training TCHs may not be applied towards this requirement.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 531 - WASTEWATER TREATMENT PLANT OPERATOR CERTIFICATION › Section 096-531-11 - Failure to Renew

Current through 2024-29, July 17, 2024
An operator certification becomes inactive when an operator
				  fails to properly renew by the biennial renewal deadline, including payment of
				  all fees and completion of continuing education requirements. No person, firm
				  or corporation, either municipal or private, may rely on an inactive
				  certification to satisfy the requirements of
				  32 M.R.S.
				  section4181.
A. An inactive certification may be changed
				to active status within six months following the renewal deadline if the
				continuing education requirements are completed and all fee obligations,
				including an administration fee, are met.
B. An operator with inactive status who has
				failed to renew their certification for greater than six months but less than
				two years following the renewal deadline must pay applicable fees and retake
				the certification examination to regain active status. The Department may, in
				its discretion, waive the examination requirement if it finds that the holder
				of the certification has performed their duties satisfactorily and in a manner
				that demonstrates that an examination is not necessary.
C. An operator whose certification has been
				inactive for two years following the renewal deadline will lose their
				certification and be removed from the master list of certified operators
				maintained by the Department. A person whose name has been so deleted must
				submit a new application and retake the examination in order to regain
				certification.
D. An operator with
				a provisional license who has failed to renew their active certification for
				greater than six months will lose their provisional certification.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 531 - WASTEWATER TREATMENT PLANT OPERATOR CERTIFICATION › Section 096-531-12 - Enforcement

Current through 2024-29, July 17, 2024
Any operator, ORC, or other person, firm, or corporation,
				  either municipal or private, that violates any provision of this rule is
				  subject to enforcement pursuant to
				  38 M.R.S.
				  section347-A and penalties pursuant to
				  38 M.R.S.
				  section349.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 531 - WASTEWATER TREATMENT PLANT OPERATOR CERTIFICATION › Section 096-531-13 - Revocation or Suspension

Current through 2024-29, July 17, 2024
A.
Authority.
Notwithstanding
				Title 5,
				section10051, after written notice and
				opportunity for a hearing pursuant to Title 5, chapter 375, subchapter 4, the
				Commissioner may revoke or suspend a certification whenever the Commissioner
				finds that any of the criteria set forth in section
				14 of this chapter has been
				met.
B.
Action Initiated by
				Commissioner.
If the Commissioner decides to initiate proceedings to
				revoke or suspend a certification, the Commissioner shall provide the certified
				operator with written notice and opportunity for a hearing. The written notice
				shall state which of the criteria listed in section
				14 of this chapter is being invoked
				and the factual basis for the Commissioner's decision to initiate
				proceedings.
C.
Hearing.
The certified operator must request a hearing within 15
				days of the Commissioner's written notice of opportunity for a hearing. If the
				certified operator requests a hearing, it shall be held within 45 days of the
				request for a hearing unless the Commissioner and the certified operator agree
				to another time.
D.
Conduct
				of Hearings.
Hearings shall be held in accordance with the
Maine
				Administrative Procedure Act
, Title 5, chapter 375, subchapter 4, and
				the Department's rules governing adjudicatory hearings.
E.
Commissioner's Decision.
Based on the administrative record, including evidence developed during any
				hearing, the Commissioner may decide that no action is warranted, or may make
				findings of fact that one or more of the criteria listed in section
				14 has been met and revoke or suspend
				the certification. The Commissioner's decision to revoke or suspend a
				certification may include provisions requiring the owner or operator of the
				affected facility or facilities to take action necessary to protect human
				health or the environment.
F.
Decision Discretionary.
A decision by the Commissioner to dismiss
				a proceeding to revoke or suspend a certification, or take no action at the
				conclusion of the hearing is within the Commissioner's sole discretion and is
				not subject to judicial review. For appeals of the Commissioner's decisions to
				revoke or suspend a certification see section
				15 of this chapter.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 531 - WASTEWATER TREATMENT PLANT OPERATOR CERTIFICATION › Section 096-531-14 - Criteria for Revocation or Suspension

Current through 2024-29, July 17, 2024
The Department may revoke or suspend a certification if the
				  Commissioner, pursuant to section
				  13 of this chapter, finds that a
				  certified operator:
A. Practiced fraud
				or deception;
B. Failed to use
				reasonable care or judgment or to apply the requisite knowledge, ability or
				ethical standards in the performance of the certified operator's required
				duties;
C. Failed to manage or
				supervise a wastewater treatment plant in a manner that would ensure that the
				wastewater treatment plant is operated in compliance with state law, rules and
				licenses;
D. Violated any
				applicable state law, rule licenses, or ethical standard as set forth in
				Department rules, including compliance with the "Operator Code of Professional
				Conduct" set forth in section
				16;
E. Lost the competency required for
				certification or did not possess the competency required at the time of
				certification; or
F. Is unable to
				properly perform the operator's required duties.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 531 - WASTEWATER TREATMENT PLANT OPERATOR CERTIFICATION › Section 096-531-15 - Judicial Review of a Department Decision

Current through 2024-29, July 17, 2024
A. A person whose certification has been
				suspended or revoked may seek judicial review of a final Commissioner decision
				by filing a petition in Superior Court in accordance with 5 M.R.S. §
									11001,
et seq
.
				and M.R. Civ. P. 80C, except where otherwise provided by law. The filing of an
				appeal to the Board is not a prerequisite for a judicial appeal.
B. The filing of a petition for review shall
				not operate as a stay of the final agency action pending judicial review.
				Application for a stay of an agency decision shall ordinarily be made first to
				the agency, which may issue a stay upon a showing of irreparable injury to the
				petitioner, a strong likelihood of success on the merits, and no substantial
				harm to adverse parties or the general public. A motion for such relief may be
				made to the Superior Court pursuant to
				5 M.R.S.
				§11004.
C. All final decisions to revoke or suspend a
				certification by the Commissioner, that are subject to this rule may be
				appealed to the Board by persons who have standing as aggrieved persons
				pursuant to the Department's
Rule Concerning the Process of
				Applications and Other Administrative Matters
, 06-096 C.M.R. ch.
				2.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 531 - WASTEWATER TREATMENT PLANT OPERATOR CERTIFICATION › Section 096-531-16 - Operator Code of Professional Conduct

Current through 2024-29, July 17, 2024
In order to safeguard the life, health, and welfare of the
				  public and the environment, and to establish and maintain a high standard of
				  integrity in the certified operator profession, standards of professional
				  conduct apply to persons certified in accordance with this chapter. A certified
				  operator shall:
A. Use reasonable care
				and judgment in the performance of operational duties.
B. Protect the health and safety of the
				public, treatment system infrastructure, and the environment while performing
				operational duties. If a certified operator's judgment is overruled by an
				employer under circumstances that endanger the safety, health, and welfare of
				the public or the environment, the certified operator should inform the
				employer of the possible consequences.
C. Follow and comply with state and
				applicable federal rules and regulations. Follow all procedures and guidelines
				designed to prevent pollution from occurring.
D. Properly and accurately complete required
				records. Be truthful and complete in applications, reports, statements, and
				testimony provided to the Department.
E. Be objective and truthful in data
				collection and reporting.
1) Ensure the
				integrity of the samples that the operator collects, prepares, or analyzes so
				that results will be a true representation of water quality.
2) Acknowledge data collection and reporting
				errors and do not distort or alter the facts.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 532 - LARGE COMMERCIAL PASSENGER VESSELS › Section 096-532-1 - Applicability

Current through 2024-29, July 17, 2024
This chapter applies to discharges to coastal waters of
				  graywater and mixtures of graywater and blackwater from large commercial
				  passenger vessels that require authorization under a general permit to
				  discharge as provided in
				  
				  38 M.R.S.A. §423-D(4).
				  Nothing in this chapter is intended to repeal or replace other applicable
				  requirements under state law.
Portions of this rule refer to federal regulations of the
				  United States Environmental Protection Agency (EPA). The federal regulations
				  referenced are those regulations effective as of July 1, 2004, as they appear
				  in volume 40 of the Code of Federal Regulations (CFR).
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 532 - LARGE COMMERCIAL PASSENGER VESSELS › Section 096-532-2 - Definitions

Current through 2024-29, July 17, 2024
As used in this chapter, unless the context otherwise
				  indicates, the following terms have the following meanings.
NOTE: The following terms are defined in statute at
				  
				  38 M.R.S.A. §423-D(1):
				  "blackwater", "coastal waters", "commercial passenger vessel", "graywater",
				  "large commercial passenger vessel", "no-discharge zone" and "small commercial
				  passenger vessel".
A.
Department.
Maine Department of Environmental Protection
				(department).
B.
Conventional pollutants.
The pollutants listed in
				40 CFR
				401.16 and 06 - 096 CMR
				525(4)(VII).
C.
Discharge.
A release, however caused, from a large commercial passenger
				vessel, and includes, any escape, disposal, spilling, leaking, pumping,
				emitting or emptying.
D.
Environmental compliance records.
Includes the Sewage and Graywater
				Discharge Record Book, all discharge reports, all discharge sampling test
				results, as well as any other records that must be kept under this
				chapter.
E.
Priority
				pollutant.
The toxic pollutants listed in
				40 CFR 401.15
				and 06 - 096 CMR 525(4)(VI).
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 532 - LARGE COMMERCIAL PASSENGER VESSELS › Section 096-532-3 - Effluent quality

Current through 2024-29, July 17, 2024
The discharge to coastal waters must satisfy the minimum
				  level of effluent quality specified by the following secondary treatment
				  standards. The following paragraphs describe the minimum level of effluent
				  quality attainable by secondary treatment in terms of the parameters
				  biochemical oxygen demand with a 5-day incubation period (BOD 5), suspended
				  solids (SS) and pH. All requirements for each parameter must be
				  achieved.
A.
BOD 5, SS, and
				pH
(1) BOD 5 --
(a) The 30-day average may not exceed 30
				mg/l.
(b) The 7-day average may not
				exceed 45 mg/l.
(c) The 30-day
				average percent removal may not be less than 85 percent.
(d) At the option of the department, in lieu
				of the parameter BOD 5 and the levels of the effluent quality specified in
				subparagraphs 3(A)(1)(a), (b) and (c) of this chapter, the parameter CBOD
				5(carbonacious BOD 5) may be substituted with the following levels of the CBOD
				5 effluent quality.
(i) The 30-day average
				may not exceed 25 mg/l.
(ii) The
				7-day average may not exceed 40 mg/l.
(iii) The 30-day average percent removal may
				not be less than 85 percent.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 532 - LARGE COMMERCIAL PASSENGER VESSELS › Section 096-532-4 - Sewage and Graywater Discharge Record Book

Current through 2024-29, July 17, 2024
While operating in Maine coastal waters each large commercial
				  passenger vessel must maintain, in English, a legible Sewage and Graywater
				  Discharge Record Book with the vessel's name and official number listed on the
				  front cover and at the top of each page.
A.
When entries are made.
Entries must be made in the Sewage and Graywater Discharge Record Book
				whenever any of the following is released into the coastal waters of Maine: (1)
				treated or untreated sewage; (2) graywater; or (3) sewage and graywater
				mixture.
B.
Content of
				entries.
Each entry in the Sewage and Graywater Discharge Record Book
				must, at a minimum, contain the following information:
(1) Name and location of each discharge port
				within the ship;
(2) Date the start
				of discharge occurred;
(3) Whether
				the effluent is treated or untreated sewage, graywater, or a sewage and
				graywater mixture and type of treatment used;
(4) Time discharge port is opened;
(5) Vessel's latitude and longitude or
				universal transverse mercator coordinates at the time the discharge port is
				opened;
(6) Volume discharged in
				cubic meters;
(7) Flow rate of
				discharge in liters per minute;
(8)
				Time discharge port is secured;
(9)
				Vessel's latitude and longitude or universal transverse mercator (UTM) at the
				time the discharge port is secured; and
(10) Vessel's minimum speed during
				discharge.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 532 - LARGE COMMERCIAL PASSENGER VESSELS › Section 096-532-5 - Sampling and reporting

Current through 2024-29, July 17, 2024
A.
Sampling.
The owner, operator, master or other person in charge of a large
				commercial passenger vessel that discharges graywater or a mixture of graywater
				and blackwater in the coastal waters of Maine shall:
(1) Not less than 90 days prior to each
				vessel's initial entry into the coastal waters of Maine during any calendar
				year, provide to the department certification of participation under a Quality
				Assurance/Quality Control Plan (QA/QCP) accepted by the department for sampling
				and analysis of graywater or a mixture of graywater and blackwater for the
				current operating season;
(2) Not
				less than 30 days nor more than 120 days prior to the large commercial
				passenger vessel's initial entry into the coastal waters of Maine during any
				calendar year, provide a certification to the department that the large
				commercial passenger vessel's graywater and mixture of graywater and blackwater
				is permitted and meets the standards specified in Section 3.
(3) Within 30 days of each vessel's initial
				entry into the coastal waters of Maine during any calendar year, provide to the
				department a Vessel Specific Sampling Plan (VSSP) for review and acceptance,
				and undergo sampling and testing for conventional pollutants of all treated
				graywater or mixture of graywater and blackwater effluents as directed by the
				department;
(4) While operating in
				the coastal waters of Maine be subject to unannounced sampling of graywater or
				mixture of graywater and blackwater discharge effluents for the purpose of
				testing for a limited suite, as determined by the department, of priority
				pollutants;
(5) While operating in
				the coastal waters of Maine be subject to additional random sampling events, in
				addition to all other required sampling, of some or all graywater or mixture of
				graywater and blackwater discharge effluents for conventional and/or priority
				pollutant testing as directed by the department;
(6) Ensure all samples, as required by this
				section, are collected and tested by a laboratory accepted by the department
				for the testing of conventional and priority pollutants, as defined by this
				chapter, and in accordance with the large commercial passenger vessel's
				department accepted QA/QCP and VSSP; and
(7) Pay all costs associated with development
				of an acceptable QA/QCP and VSSP, sampling and testing of effluents, reporting
				of results, and any additional environmental record keeping as required by this
				chapter, not to include cost of state regulatory oversight.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 534 - WASTEWATER TREATMENT PLANT OPERATOR CERTIFICATIONS - REVOCATION OR SUSPENSION › Section 096-534-1 - Applicability

Current through 2024-29, July 17, 2024
Notwithstanding other procedural rules of the Department,
				  this rule governs the process for consideration of revocation or suspension of
				  wastewater treatment plant operator certifications under  32 M.R.S. §
										4175-A, 06-096 C.M.R. ch. 531, and other applicable rules or statutes.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 534 - WASTEWATER TREATMENT PLANT OPERATOR CERTIFICATIONS - REVOCATION OR SUSPENSION › Section 096-534-2 - Definitions

Current through 2024-29, July 17, 2024
For the purposes of this Chapter, the following words and
				  phrases have the following meanings:
A.
Board.
"Board" means the
				Board of Environmental Protection, an independent citizen board that is part of
				the Department and that, among its duties, decides selected applications and
				considers appeals of Commissioner license decisions.
B.
Certificate or Certification.
"Certificate" or "certification" means a certificate of competency issued by
				the Department to a person certifying that the applicant has met the
				requirements for the specified operator classification pursuant to 06-096
				C.M.R. ch. 531.
C.
Commissioner.
"Commissioner" means the Commissioner of the
				Department of Environmental Protection or their designee.
D.
Conference.
"Conference"
				means a pre-hearing, mid-hearing, or post-hearing meeting scheduled by the
				Presiding Officer at which the Presiding Officer and the parties discuss
				matters pertaining to the adjudicatory proceeding.
E.
Department.
"Department"
				means the Department of Environmental Protection, which includes the
				Commissioner and the Board.
F.
Hearing.
"Hearing" means an adjudicatory hearing conducted in
				accordance with the procedural requirements of 5 M.R.S. §§ 9051-9064
				and this rule.
G.
Interested
				person.
"Interested person" means a person who requests, in writing,
				receipt of notices related to the hearing.
H.
Intervenor.
"Intervenor"
				means a person who, in accordance with the
MAPA
,  5 M.R.S.
				§9054(1) or (2), and this rule, has been granted leave to participate as
				a party in an adjudicatory hearing.
I.
Operator.
"Operator" means a
				person who is certified by the Department as being competent to supervise,
				manage, or operate a wastewater treatment plant and to ensure that the plant is
				operated in accordance with state and federal laws, rules, and certifications,
				pursuant to 06-096 C.M.R. ch. 531.
J.
Party.
"Party" means:
(1) the person whose legal rights, duties, or
				privileges are being determined in a suspension or revocation proceeding;
				or
(2) an
				intervenor.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 534 - WASTEWATER TREATMENT PLANT OPERATOR CERTIFICATIONS - REVOCATION OR SUSPENSION › Section 096-534-3 - Form, Service, and Filing of Documents

Current through 2024-29, July 17, 2024
A.
Form
				of papers.
A party must print all petitions, motions, proposed findings,
				briefs, responses, pre-filed written testimony, and proposed orders on 8.5-inch
				by 11-inch paper. The upper left side of the first page must have a caption in
				capital letters identifying:
(1) the name of
				the Operator;
(2) the type of
				hearing (suspension or revocation);
(3) the Certification number issued by the
				Department, if applicable; and
(4)
				the location of the activity subject to hearing, including the county and town.
The upper right side of the first page must identify the
				  party filing the document and the title of the document. The final page must be
				  dated and signed by, or on behalf of, the party filing the document and include
				  under the signature line that person's printed name, capacity, mailing address,
				  electronic mail address, and telephone number.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 534 - WASTEWATER TREATMENT PLANT OPERATOR CERTIFICATIONS - REVOCATION OR SUSPENSION › Section 096-534-4 - Communications with Operator

Current through 2024-29, July 17, 2024
A. Unless otherwise
				provided or waived, all notices and communications will be mailed to the last
				address on record with the Department.
B. If the Department is notified by an
				Operator or their attorney that the Operator will be represented by the
				attorney in relation to the hearing, all subsequent correspondence and
				communication from the Department relative to the proceeding will be forwarded
				to the attorney.
C. In the event an
				attorney no longer represents the Operator, the Operator or the attorney shall
				file a written statement of this fact with the Department, allowing subsequent
				correspondence and communication from the Department to be directed to the
				Operator.
D. An Operator or their
				legal representative may request or agree that all further communications and
				notices be sent electronically and thereby waive the requirement of further
				notice or correspondence being sent by U.S. mail.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 534 - WASTEWATER TREATMENT PLANT OPERATOR CERTIFICATIONS - REVOCATION OR SUSPENSION › Section 096-534-5 - Notice of Opportunity for Hearing

Current through 2024-29, July 17, 2024
A. The notice
				must state the following, where applicable:
(1) The grounds or criteria under  32 M.R.S.
				§4175-A  or 06-096 C.M.R. ch. 531 under which the Department is seeking to
				suspend or revoke the Certification;
(2) The Certification that the Department
				seeks to suspend or revoke;
(3) The
				procedure for requesting a hearing;
(4) The date by which that request for
				hearing must be made;
(5) A copy of
				the Notice of Violation that predicated the notice of opportunity for hearing,
				where applicable; and
(6) A copy of
				this rule will be attached to the notice of opportunity for
				hearing.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 534 - WASTEWATER TREATMENT PLANT OPERATOR CERTIFICATIONS - REVOCATION OR SUSPENSION › Section 096-534-6 - Request for Hearing

Current through 2024-29, July 17, 2024
The Operator has fifteen days from the issuance of the
				  notice of opportunity for hearing to request a hearing in
				  writing.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 534 - WASTEWATER TREATMENT PLANT OPERATOR CERTIFICATIONS - REVOCATION OR SUSPENSION › Section 096-534-7 - Notice of Hearing

Current through 2024-29, July 17, 2024
A. If the Operator
				requests a hearing, a notice of hearing will be issued by the Department. The
				notice must include:
(1) A statement of the
				legal authority and jurisdiction under which the proceeding is being
				conducted;
(2) A reference to the
				particular substantive statutory and rule provisions involved;
(3) A short and plain statement of the nature
				and purpose of the proceeding and of the matters asserted;
(4) A concise list of the facts alleged that
				support the nature and purpose of the proceedings and matters
				asserted;
(5) A statement of the
				time and place of the hearing; and
(6) A statement of the manner and time within
				which evidence and argument may be submitted to the Department for
				consideration.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 534 - WASTEWATER TREATMENT PLANT OPERATOR CERTIFICATIONS - REVOCATION OR SUSPENSION › Section 096-534-8 - Response to Notice

Current through 2024-29, July 17, 2024
A. Upon receipt of
				a notice of hearing, the Operator must file an answer to the allegations
				contained in such notice not later than ten days prior to the date of hearing
				contained in the notice.
B. The
				answer must contain:
(1) Specific admission
				or denial of each fact alleged in the notice, or if the Operator is without
				knowledge or information sufficient to form a belief as to the truth or falsity
				of an allegation, a statement to that effect; and
(2) A concise statement of the facts
				constituting all grounds for defense.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 534 - WASTEWATER TREATMENT PLANT OPERATOR CERTIFICATIONS - REVOCATION OR SUSPENSION › Section 096-534-9 - Disposition Without Full Hearing

Current through 2024-29, July 17, 2024
A. Unless
				otherwise provided by law, the Department may:
(1) Make informal disposition of any
				suspension or revocation proceeding by stipulation or consent order;
(2) Limit the issues to be heard if the
				parties and the Department agree to such limitation or variation, and if no
				prejudice to any party will result.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 534 - WASTEWATER TREATMENT PLANT OPERATOR CERTIFICATIONS - REVOCATION OR SUSPENSION › Section 096-534-10 - Informal Disposition Through Settlement Agreement and Consent Order

Current through 2024-29, July 17, 2024
A. At any time prior to ten days before a
				scheduled hearing, the Department and the Operator may agree to file with the
				Presiding Officer a settlement agreement, which includes a proposed order,
				proposing a resolution of the matters to be considered during the scheduled
				hearing.
B.
Content of
				agreement.
Every proposed settlement agreement must contain, in addition
				to an appropriate proposed order, a recitation of all facts supporting the
				proposed order and express waivers of further procedural steps relating to the
				hearing and of the Operator's right to appeal. The settlement agreement must
				also contain a statement that it will not become part of the official record
				until it is accepted by the Commissioner or designee. The proposed consent
				order will only be presented to the Commissioner or Presiding Officer upon
				agreement of both the Operator and the Department.
C.
Disposition of proposed
				agreement
. Upon receiving such a proposed settlement agreement, the
				Commissioner or Presiding Officer may:
(1)
				Accept it and issue a consent order, as agreed upon;
(2) Reject it, in which case the Commissioner
				or designee must send a notice of rejection and notice that the hearing will be
				scheduled for a date, place and time certain, not less than fifteen days from
				the date of notice of rejection; or
(3) Take such other action as it deems
				appropriate.