Core laws of Maine's Coastal Program

[From the U.S. Government Printing Office, www.gpo.gov]

sore L[.aw U,

Maine's Coastal

Pgrogram

COASTAL ZONE
. .
INFORMATION CENTER

Sept 1980

CHANGES TO THE CORE LAWS
OF THE
MAINE'S COASTAL PROGRAM

Maine Coastal Program
_ Maine State Planning Office

( INCLUDES 1980 CHANGES)

38 M.R.S.A. ��361-372, 411-424, 451-452: PROTECTION & IMPROVEMENT OF WATERS

Section Changes Year Reference*

�361 Deleted the 9th, 10th, 14th, and 15th 1977 Vol. 16A p. 257
paragraphs, regarding:1)the power of the com- (1977,c.3006�10-
mission to adopt, amend, or repeal regulations 12)
2)conducting hearings, 3)limitations of
authority of approval or disapproval
Changed "3" to "4" in 1st paragraph 1977 Vol.16A p.257(1977,
c.596 �2)

�361-A Added sub-�4-8 re: surface waste water 1977 Vol. 16A p.260
disposal system (1977, c.271 13)
Added sub-�l-8 re: agricultural activities 1979 Vol.16A Supplement
and aquifers p.71(1979,
c.380�1 and 1979
c.47258)
Added sub-�l-C re: aquifer recharge 1979 Vol.16A Sup. p.21
(1979,c.472 6�8,9)
Added sub-�2-A re: ground water 1979 " "
" 4-A-1 re: snow dump 1979 Vol.16A Sup. p.21
(1979,c.296 61)

�361-8, Repealed sections re: processing applications 1977 Vol.16A p.260
�361-C and petitions for reconsiderations (1977,c.300��17,14)

�361-D New section, re: radio active waste 1979 Vol.16A Sup. p.21
facilities (1979,c.519 �2)

W �362 No change since 1975

�362-A No change since 1973

�363 1)the 100 fecal level was reduced to 20 in the 1977 Vol.16A p.266
2nd I1, 2)in the 4th If, no discharge or deposits (1977,c.373��1-5)
of any kind are now allowed. Existing
discharges are expected to find practical alter-
natives. No new discharges are allowed. The last
sentence permitting log driving was deleted.
3) In the 6th, 9th, and 13th Il's: the 3rd
sentences were repealed.
4) A change in the 4th if now allows new 1979 Vol.16A Sup. p.22
discharges if they are equal or better than (1979, c.529)
existing quality of receiving waters. The
applicant must show the board that this
discharge is necessary.

* Each reference includes:

1) The volume and page of the specified Maine Revised Statues Annotated title
where the section may be found (if any):

2) The year, chapter, and section of the public law responsible for the
change.

�363-A New section 1977 Vol.16A p.272
(1977,c.373 �6)
Insertion in 2nd 11i adds fish & wildlife 1979 Vol.16A Sup. p.26
habitat as a use (1979,c.495 ��1,2)
Expanded 4th I[ with no change in meaning 1979 " i

�363-B New section re: standards of classification 1979 Vol. 16A Sup. p. 26
of ground water (1979,c.472610)

�364 Changed "15" to "14" & 1150" to "43" in 1977 Vol. 16A p.287
3rd and 7th If's (1977,c.373 ��7-9)

�365 Deleted part of 1st 11 outlining requirements 1977 Vol.16A p.287
for public hearing (1977,c.300�15)

�366 No change since 1971

�367 The commission may recommend classification 1979 Vol.16A Sup. p.26
changes to the Legislature (1979,c.127 �208
and c.495 �3)

�372 No change since 1971

�411 No change since 1973

�412 Rewrote section to discuss grants by the 1977 Vol.16A p.375
State for planning (1977,c.81)

�412-A New section re: technical and legal 1979 Vol.16A Sup. p.29-
assistance 30 (1979, c.243)

�413 Added sub-�l-A re: license for surface 1977 Vol. 16A p.381 &
waste water disposal systems 377 (1977,c.271�4)
Change of section numbers cited in sub �6 1977 Vol.16A p.381&378
(1977 c.300 �16)
Added sub-�2-A re: exemptions for pesticide 1977 Vol.16A p.381&378
permits (1977 c.373�32)
Added sub-�l-B re: license for subsurface 1979 Vol.16A Sup. p.30-1
disposal systems (1979,c.472 �13)
Sub-�2: added A,B,C (outlining conditions 1979 Vol.16A Sup. p.30-1
for "exemptions") (1979, c.380 �2)
Sub-�2-A amended and repealed 1980 (Public Law 1980,
c.663 5229)
Added sub-�2-B re: snow dumps exemption 1979 Vol.16A Sup.p.30-
31(1979,c.541�3)
Rewrote sub-�3 to discuss transfer of 1979 Vol.16A Sup.p.30-31
ownership (1979,c.444 63)

�414 Sub-�1l repealed re: classified waters 1977 Vol.16A p.381
(1977,c.300 �17)
Sub-�7 repealed re: processing applications 1977 Vol. 16A p.381
(1977,c.300 �19)
Rewrote sub-�2 so that all licenses are now 1979 Vol.16A Sup.p.31
for up to 5 years (1979,c.444 �4)
Rewrote sub-� 3with no change in meaning

�414-A Rewrote sub-�1,D to expand definition of 1979 Vol.16A Sup. p.32-3
"best practical treatment" (1979,c.444 �5)
Added sub-�l,E re: pesticide discharge 1979 Vol.16A Sup. p.32-3
(1979,c.281 64)
Rewrote sub-�2 to include schedules for 1979 Vol.16A Sup. p.32-3
specific technologies that may be permitted to (1979,c.444 �6)
comply with Federal standards
Added If to sub-�3 to discuss variances for 1979 Vol.16A Sup. p.32-3
innovative technology (1979,c.444 �7)

�414-8 Rewrote sub-�2 to allow the board to require 1979 Vol.16A Sup. p.33
identification of the character & volume of (1979,c.444 �8)
pollutants
Added sub-62-A re: prohibited discharge 1979 Vol.16A Sup.p.33
(1979,c.444 �9)

�415 Repealed section re: appeals 1977 Vol.16A p.389
(1977, c.300 �20)
�416 Repealed section re: prohibition of oil 1977 Vol.16A p.390
discharge (1977, c.375 �1)

�417 Added last if re: exemptions 1977 Vol.16A p.391
(1977, c.373 633)

�418 Rewrote 4th 1I to remove the $75 fee 1977 Vol.16A p.392
(1977,c.300 �21)
Repealed last If of sub-�2 re: notetaking 1977 Vol.16A p. 392
at hearings (1977, c.300 �22)

�419 Repealed sub-�4 re: penalties 1977 Vol.16A p.393
(1977,c.300 �23)
�420 Three changes in text l)phrase "ground or sur- 1979 Vol.16A Sup.p.33-4
face waters" added, 2)sub-%l,B "commission" (1979,c.472 614)
changed to "board", 3)reference section numbers (1979,c.127 6210)
changed

�412 Added word "surface" 1979 Vol.16A Sup. p.34
(1979,c.472 615)

�422 Repealed section re: dredging permits 1977 Vol.16A p.396
(1977,c. 564 �137)

�423 Repealed 3rd 1I re: penalty 1977 Vol.16A p.397
(1977,c.300 �24)
Changed "waste materials" to "pollutants" 1979 Vol.16A Supp.p.34
(1979,c.444 510)

�424 No change since 1973

�451 Sub-�2 repealed re: revocation, modification, 1977 Vol.16A p.400
or suspension of licenses (1977,c.300 626)
lst,3rd,& 4th If's amended l)"sewage, industrial 1980 (PL 1980, c.663
or other waste" changed to "pollutants", 2)"com- �231)
mission" changed to "board", 3) "said" changed
to "those" 4) section reference number changed

�451-A Added sub-�7 re: variances for single family 1977 Vol.16A p.409
dwelling (1977, c.185)
Changed effective date 1977 Vol.16A p.409(1977,
c.564 �6138,139)
�451-8 No change since 1975

�452 No change since 1971

38 M.R.S.A. ��471 to 478: ALTERATION OF COASTAL WETLANDS

Section Changes Year Reference

�471 Rewrote section 1979 Vol.16A Sup. p.38
(1979, c.504 61)

�472 Added definitions of coastal sand dunes 1979 Vol.16A Sup. p.38
and coastal wetlands (1979, c.504 62)

�473 No change since 1975

�474 Expanded: wetlands permit, sand dunes 1979 Vol.16A Sup.p.38-39
permit, single permit (1979, c.504 53)

�475-476 No change since 1975

�477 Repealed section which authorized an 1977 Vol.16A p.417
injunction to compel restoration (1977, c.300 629)

�478 No change since 1975

12 M.R.S.A. ��4811 to 4814: MANDATORY ZONING AND SUBDIVISION CONTROL

Section Changes Year Reference

�4811 No change since 1973a

�4811-A No change since 1973

�4812 No change since 1973

�4812-A No change since 1975

�4812-B No change since 1975

�4813 1st If, 2nd sentence re: a 1976 Added 1975 Vol.12 Sup. p.225
compliance date Deleted 1979 (1975,c.468 �1:
Correction on section number 1979 1979,c.128: 1979,
c.541 �A,131)

�4814 Added 2nd sentence in 2nd 1[ allowing 1980 (PL 1980 c.672
the D.A. to enforce ordinances if requested by �49)
a local official

12 M.R.S.A. ��681 to 689: LAND USE REGULATION

Section Changes Year Reference

�681 No changes since 1975

�682 Sub-�4: added last sentence limiting the 1980 (PL 1980, c.631
definition of a structure �1)

�683 Added last sentence to 1st If requiring the 1979 Vol.6 Sup. p.50
Governor to consider residents of unorganized (1979, c.497 �1)
territories for the commission

�684 Slight textual changes: one cites a reference 1977 Vol.6 Sup. p.50
for procedures in conducting meetings (1977,c.360 614!
1977,c.694 6221)

�685 Textual changes: one change assigned the Com- 1977 Vol.6 Sup. p.51
missioner the task of preparing the budget, (1977, c.360
rather than the commission �15,16)
Another deleted specific qualifications for the 1979 Vol.6 p.51
position of director (1979,c.541 �A,128)

�685-A Numerous changes in text: 1) boundaries for 1977 Vol.6 Sup. p.55
land use standards and hearings for districts (1977,c.327 �l,l-A,
shall be determined by the commissioner according 2: c.390 �2:c. 694
to a reference cited: 2) regulations for land �5222 to 227-B)
use districts that become part of an organized 1979 (1979,c.127 ��65-67
municipality were expanded: 3) the time period c.497,S62,3)
in which interim standards shall be effective
was extended to 48 months: 4) requirements
for setting up protection districts relating to
deer wintering habitats were established: 5)
notice requirements for adoption of land use maps
of standards were established: 6)permanent land use
standards or amendments adopted will be effective
but must be approved or modified by the next
session of the Legislature.

�685-B 1) Amended sub-�1,C by expanding the list of 1977 Vol.6 Sup. p.57
requirements a development must meet to include (1977,c.213 561-3:
Minimum Lot Size Law, Wetlands Law, Great Ponds c.360, �17
Law and Stream Alteration Law: 2) amended sub-� c.564, �51
2,8 to state that application fees shall be $10 c.694, ��228-232)
or 1/10 of 1% of total construction costs: 3)
amended sub-�3:a) the commission must notify the
petitioner, within 30 days of receipt of a request
for a hearing, of time and place or denial, b)
hearings shall be conducted in accordance with
Title 5, chapter 375, subchapter II: 4) amended
sub-�4,A to specify that applications shall not
be approved unless adequate provisions have been
made to comply with the Site Location of Develop-
ment Law, Minimum Lot Size, Wetlands Law, Great
Ponds Law and Stream Alteration Law: 5) amended

sub-�5 to allow the commission to amend, modify,
or refuse to renew any approval or permit if
they feel criteria set forth in sub-54 are not
or will not be satisfied- 6) the title and 1979 Vol.6 Sup. p.57
section numbers of the Great Ponds Law (1979,c.127��68,69)
mentioned in sub-~l,C and 54,A were updated.

�685-C In sub-�l, 3 and 5: the reference for public 1977 Vol.6 Sup. p.59
hearing procedures, fees and additional rule (1977, c.694 ��233-
adoption: respectively, was changed to Title 5 235-A)
Chapter 375, Subchapter II. In sub-�8, the type
of action that may be taken by the commission is
outlined, with specific references to the
Statues involved.

�689 The section was condensed in 1977 and a refer- 1977 Vol.6 Sup. p.59
ence to Title 5, Chapter 375, subchapter VII (1977,c.694 �236)
was made for procedure of any appeal to the
commission concerning its final actions. Any
rights of appeal shall not include rights men-
tioned in Title 5, section 8058, sub-�l. In
1979, the phrase "the right" in the last 1979 Vol.6 Sup. p.59
sentence was changed to "this right". (1979,c.127 �70)

30 M.R.S.A. �4956: LAND SUBDIVISIONS LAW

Section Changes Year Reference

�4956 Add sub-�3,M re: ground water 1979 Vol.14A Sup. p.41-2
(1979 c.472 �7)
Add sub-�3-A re: access to sunlight 1979 Vol.14A Sup. p.41-2
(1979, c.435)
Last 11 of section moved to last If of 1977 Vo1.14A Sup. p.41-2
sub-�4 (1977, c.696 �227)

38 M.R.S.A. ��481-490: SITE LOCATION OF DEVELOPMENT

Section Changes Year Reference

�481 Added last phrase 1979 Vol.16A Sup. p.40
(1979, c.466 51)

�482 Expanded 1st phrase 1979 Vol.16A Sup. p.40
(1979,c.541 $A,263)
Sub-�2: 1st If added phrase re: mining 1979 Vol.16A Sup. p.40
activity (1979,c.4660612,13)

New sub-�2-A, 2-B, 3-A, 4-A, 4-B re: explora- 1979 Vol.16A Sup. p.40
tion, mining activity, overburden, product, (1979,c.466��12,13)
and reclamation

�483 No change since 1971

�484 Deleted end of 1st If re: public notice 1977 Vol.16A p. 428-429
Added 9th & 10th lf's re: transmission lines of (1977, c.300 �30)
over 100 kilovolts or gas pipelines (1977, c.374 �3)
Added 5th 1I re: conditions under which an elec- (1977, c.623)
trical company must file a bond
Changed number "125" to "100" in 4th I[ (1977, c.696 �343)

�485 Deleted phrase in 1st If re: section 484 1977 Vol.16A p.434-5
(1977,c.300��31,32)
Repealed 2nd & 3rd If's re: the power of the A-G
to stop construction or operation and requiring
the land restored to prior condition

�486, Repealed sections re: enforcement and judicial 1977 Vol.16A p.435
�487 review (1977,c.300��33,34)

�488 Changed "125" to "100" kilovolts 1977 Vol.16A p.435
(1977, c.374 �4)
Added last phrase re: gas pipelines and " " i
transmission lines
Added If's re: exemptions in unorganized and 1980 (PL 1980, c.714)
organized areas, standards, guidelines, defini-
tions, and revisions

�489 No change since 1975

�490 New section re: reclamation 1979 Vol.16A Sup. p.41
(1979,c.466 �14)

38 M.R.S.A. ��581-610: PROTECTION AND IMPROVEMENT OF AIR

Section Changes Year Reference

�581 No change since 1969

�582 Added to 1st phrase 1979 Vol.16A Sup. p.44
(1979,c.541 �A,271)
Sub-�2: minor changes in text: "building" to Vol.16A Sup. p.45
"buildings","all machinery" to "any machinery" (1979,c.127��212-13)
Sub-�5-8 repealed section re: baseline con- 1980 (PL 1980, c.718 �1)
centration
Sub-�6-B added section re: bulk gas terminal 1979 Vol.16A Sup. p.45
(1979,c. 385 1)
Sub-�7-A-1 added section re: external floating 1979 Vol.16A Sup. o.45
roof (1979,c.385 �1)
Sub-�7-8 added sentence explaining that "fuel Vol.16A Sup. p.45
burning equipment", doesn't include "solid (1979,c.476��1,2)
waste fuel burning equipment"
Sub-�7-C repealed section re: fugitive dust 1980 (PL 1980, c.718 �2)
Sub-�7-C-1 added section re: fugitive emissions 1979 Vol.16A Sup. p.45
(1979,c.381 ��1-5)
Sub-�7-E: minor change in text: "Incinerators" 1979 Vol.16A Sup. p.45
to "Incinerator" (1979,c.127��212-13)
Sub-�7-E-1 added section re: major emitting 1979 Vol.16A Sup. p.46
source and internal floating roof (1979, c.381 U4
& c.385 61)
Repealed the 1st 7-E-1 re:major emitting source 1980 (PL 1980, c.718 �3)
Sub-�7-F repealed section re: modification 1980 (PL 1980, c.718 �4)
Sub-�9-B added section re: potential emissions 1979 Vol.16A Sup.p.46-47
and petroleum liquid (1979, c.381 65
& c.385 �1)
Repealed 1st definition re: potential 1980 (PL 1980, c.718 i5)
emissions
Sub-�1l-A added section re: true vapor pressure 1979 Vol.16A Sup. p.47
and solid waste fuel (1979, c.385 61
& c.476 �2)
Sub-�11-B added section re: solid waste fuel 1979 Vol.16A Sup. p.47
burning equipment (1979, c.476 �2)

�583 No change since 1975

�583-A Repealed section re: hearings and 1977 Vol.16A p.489
applications (1977, c.300 �39)

�583-8 New section re: classification 1979 Vol.16A Sup. p.48
of air quality control regions (1979,c.381 �6)
Sub-�5 If A repealed re: Indian lands 1980 (PL 1980,c.732 �28)

�584 Minor textual change in 1st If "herein" 1979 Vol.16A Sup. p.48
changed to "in this chapter" (1979,c.541 6A,272)

�584-A Changed microgram numbers 1979 Vol.16A Sup. p.49
(1979, c.381 66-A)

e~~~~~~~~~~~~~~~~~~1

�584-8 New section re: ambient increments 1979 Vol.16A Sup. p.49
Class I regions (1979, c.381 �7)

�584-C New section re: Class II regions 1979 Vol.16A Sup. p.49
(1979, c.381 �7)

�584-D New section re: Class III regions 1979 Vol.16A Sup. p.50
(1979, c.381 �7)

�584-E New section re: exclusions 1979 Vol.16A Sup. p.50
(1979, c.381 �7)

�585 Repealed 2nd sentence of 2nd If re: 1977 Vol.16A p.493
public notice (1977, c.300 �40)

�585-A Repealed 2nd sentence of 2nd If re: 1977 Vol.16A p.494
public notice (1977, c.300 �41)

�586 No change since 1971

�587 Changed reference number in last If 1977 Vol.16A p.496
(1977,c.300 642)
Rewrote 1st If including date requirements for 1979 Vol.16A Sup. p.50
a variance, added last If re: variances under (1979c.381��8-11)
the Federal Clean Air Act
Slight deletion in sub-�l: dropped "and" " " "
Slight addition in sub-�2: added "and"
Sub-�3 added re: violation

�588 Repealed section requiring transcript of all 1977 Vol.16A p.496
hearings (1977, c.300 �43)

�589 Changed section reference number 1977 Vol.16A p. 497
(1977, c.300 �44)

�590 Rewrote 2nd If to remove all time limits and 1979 Vol.16A Sup. p.51-2
public notice requirements (1979,c.381��12-14)
Added 3rd If re: the board's power to deny a
license

�591 No change since 1975

�592-596 Repealed section re: violations, appeals, 1977 Vol.16A p.499
and enforcement (1977,c.300��45-8)

�597 No change since 1969

�598 Expanded section to include specific emission 1980 (PL 1980, c.718 �6)
levels and malfunction exemptions

�599 Repealed sub-�5, 4th If, 3rd sentence 1977 Vol.16A p.504
(1977, c.300 �49)
Rewrote sub-�2 so that recreational burning is 1979 Vol.16A Sup. p.52
now allowed without a permit if complying with (1979, c.556 �8)
specific requirements
Sub-�4 repealed re: reports 1979 Vol.16A Sup. p.52
(1979, c.127 �214)

�600 Textual changes in sub-�l to include solid 1979 Vol.16A Sup. p.53
waste fuel-burning equipment (1979, c.476 U64,5)
Expanded sub-�2 to discuss allowing higher
emission rates if they don't affect air quality

�601 Deleted sub-�l, paragraph C 1977 Vol.16A p.507
(1977, c.602 6�1-3)
Sub-�4 and �5 added re: ambient monitoring
system, and start-up and burn-down
Minor textual change in sub-�4: "quantity" 1977 Vol.16A Sup. p.507
changed to "quality" (1977, c.696 �345)

�602 No change since 1973

�603 No change since 1975

�604,605 No change since 1973

�606 No change since 1975

�607 Rewrote sub-�l to give DEP the authority to set 1979 Vol.16A Sup. p.53
emission standards and assist municipalities (1979, c.535)

�608 Repealed section re: performance standards 1979 Vol.16A Sup. p.53
(1979, c.381 �15)
�609 New section re: petroleum liquid storage vapor 1979 Vol.l6A Sup. p.53
control (1979, c.385 �2)

�610 New section re: petroleum liquid transfer 1979 Vol.16A Sup. p.53
vapor recovery p.54(1979,c.385 �2)

38 M.R.S.A. Chapter 13 ��1301-1319-A: SOLID WASTE MANAGEMENT

Section Changes Year Reference

�1301 New title 1979 Vol.16A Sup. p.79
(1979, c.383 �1)

�1302 Added phrase "hazardous waste, septage and 1979 Vol.16A Sup. p.79
solid waste" through-out (1979, c.383 �1)

�1303 Repealed sub-�2 defining commissioner 1977 Vol.16A p.616
(1977, c.78 �208)
Rewrote section 1979 Vol.16A Sup. p.80
(1979, c.383)
Added definitions: conveyances, handle 1980 (PL 1980 c.663��234
235 and c.699��3-8)
Rewrote definitions: hazardous waste; resource
conservation& recovery, transport, waste
and facility & management

�1303-A New section re: hazardous waste handling 1980 (PL 1980 c.699 59)
and transporting

�1304 1) deleted 4th sentence of 1st II of 1977 Vol.16A p.617
sub-�1l (1977, c.300 �52)
2) deleted last sentence of 1st 11 of sub-�l (1977, c.300 �53)
3) amended sub-�l, amended sub-�2: changed 1979 Vol.16A Sup. p.80-1
"regulations" to "rules", dropped "solid" (1977, c.383 �3 &
1977, c.472 �16)
4) amended sub-�4: dropped "solid" & added p. 81 (1977, c.383)
last phrase
5) added sub-�4-A re: right of entry " " "
6) sub-�5 rewritten re: planning grants
7) sub-��6,7,8 added re: Study, Hazardous
Waste Plan, Licenses
8) sub-�l rewritten 1980 (PL 1980 c.663�236)
9) sub-��6,7,8 rewritten 1980 (PL 1980 c.699 �11)

�1305 1) deleted the phrase "the provisions of" 1979 Vol.16A Sup. p.83
from sub-�2 (1979,c.541 �A,277)
2) added sub-�6 re: municipal septage sites (1979, c.383 �9)

�1306 Rewritten and expanded 1979 Vol.16A Sup. p.83
(1979, c.383 610)
Sub-�2: word change 1980 (PL 1980 c.663�237)
Repealed section re: prohibited acts 1980 (PL 1980 c.699 �13)

�1306-A New section re: criminal provisions 1980 (PL 1980 c.699 �14)

�1306-8 New section re: forfeiture: civil liability 1980 (PL 1980 c.699 �15)

�1307 Repealed section re: violations 1977 Vol.16A p.618
(1977, c.300 �54)

�1308 No change since 1973.

�1309 New section re: interstate co-operation 1979 Vol.16A Sup. p.83
(1979, c.383 �11)

�1310 New section re: emergency 1979 Vol.16A Sup. p.84
(1979, c.383 �11)
Rewritten 1980 (PL 1980 c.699 �16)

�1310-A New section re: municipal hazardous waste 1979 Vol.16A Sup. p.84
control (was �1311 originally and changed (1979, c.383 �11)
in 1980)

�1310-8 New section re: confidential information 1980 (PL 1980,c.699 �17)

�1311 New section re: findings, intent of subsidy 1979 Vol.16A Sup. p.84
(1979, c.511 �2)
Added last 1I requiring the State to pay 50% 1980 (PL 1980 c.640 61)
of cost of maintaining and operating solid
waste disposal facilities

�1312 New section re: solid waste subsidy 1979 Vol.16A Sup. p.84-5
(1979, c.511 62)
Rewritten 1980 (PL 1980 c.640 �2)

�1313 New section re: eligible facilities 1979 Vol.16A Sup. p. 85
(1979, c.511 62)
Rewritten 1980 (PL 1980 c.640 �3)

. �1314 New section re: eligible costs 1979 Vol.16A Sup. p.85
-_~'~~~~~~~~~~~~~ ~(1979, c.511 $2)
Sub-�68: phrase added 1980 (PL 1980 c.640 �4)
Added sub-�9 re: exclusions 1980 (PL 1980 c.640 �6)

�1315 New section re: administration 1979 Vol.16A Sup. p.86
(1979, c.511 62)
Rewritten 1980 (PL 1980 c.640 �7)

�1316 No Section

�1317 New section re: definitions 1980 (PL 1980 c.730 �2)

�1317-A New section re: discharge prohibited 1980 (PL 1980 c.730 62)

�1318 New section re: mitigation of penalties 1980 (PL 1980 c.730 52)

�1318-A New section re: recovery by State for 1980 (PL 1980 c.730 �2)
expenditures

�1318-B New section re: procecedures for removal of 1980 (PL 1980 c.730 �2)
hazardous matter

�1319 New section re: powers of the board 1980 (PL 1980 c.730 62)

.s �1319-A New section re: duties of the commissioner 1980 (PL 1980 c.730 62)

12 M.R.S.A. ��2206-2212 now 7776-7779: ALTERATION OF RIVERS, STREAMS & BROOKS

Entire section moved by (1979, c.420 �1, effective 12/31/79)

Changes in wording and structure but no changes in meaning.

38 M.R.S.A. ��344-9, 541-57, 560: OIL DISCHARGE PREVENTION & POLLUTION CONTROL

Section Changes Year Reference

�344 Enacted 1977 Vol.16A p.236
(1977, c.300 �9)
Change "registered" to "certified" in sub-�3 1977 Vol.16A p.236
(1977, c.694 �753)
Textual change in 3rd 1�, sub-�5: dropped 1977 Vol.16A p.237
references to section 346 (1977, c.694 �754)

�345 Enacted 1977 p.238-9 (1977,
c.300 �9)
Textual changes 1) sub-�2,A: changed time 1977 Vol.16A p.238-9
requirements, 2) sub-52,C: changed "calendar" (1977, c.694 �755-
to "past, 3) sub-�6: changed "registered" to 757)
"certified"

�346 Enacted 1977 Vol.16A p.240
(1977, c.300 �9)
Rewrote sub-�l 1977 (1977, c.694 5758)
Repealed sub-�2 re: appeal 1977 (1977, c.694 �759)
Added sub-�2-A re: appeal 1977 (1977, c.696 �342)

�347 Enacted 1977 Vol.16A p. 241
(1977, c.300 69)
Rewrote 1st if of sub-�3 1977 Vol.16A p. 246
(1977, c.694 6760)
Rewrote 1st If of sub-�3: 1) dropped phrase 1979 Vol.16A SuP. p. 20
is "to the licensee", 2) changed "initiate (1979, c.444 �1)
proceedings in" to "act in accordance with"
Added B-1 & B-2 to sub-�3 re: 1) a dis- 1979 Vol.16A Sup. p. 20
charge posing a threat to humans, 2) a license (1979, c.444 62)
incorrectly issued

�348 Enacted 1977 Vol.16A p.247-8
(1977, c.300 W9)

�349 Enacted 1977 Vol.16A p.248-9
(1977, c.300 �9)
Textual change in sub-�l & 3 1977 (1977,c.510 689,80)
Rewrote sub-�4 re: violations 1977 (1977,c.510 �91)
Rewrote sub-�4,J: changed section reference 1979 Vol.16A Sup. 20
number (1979, c.127 �207)
Textual changes in sub-�l: 1) added section 1980 (PL l98O,c.69961,2)
1306-A as reference, 2) "the Department of
Environmental Protection" changed to "the
department", 3) "the Board of Environmental
Protection" changed to "the board"
Repealed sub-�4, If F re: mining reclamation 1980 (PL 1980,c.6636226)

�541 Corrections' 1) dropped "herein" before "set 1979 Vol.16A Sup. p.42
forth" in last sentence of 3rd If, 2) (1979,c.541�A,264-5)
"State's" changed to "state's" in last tI

�542 Rewrote 1st phrase in sub-�6 1977 Vol.16A p.456-7
Sub-�7: dropped phrases "petroleum products (1977, c.375��2,3)
and their by-products": "tidal" before "waters":
and expanded last sentence
Rewrote sub-�9 re: person 1977 Vol.16A p. 456-7
(1977, c.375 54)

�543 Two phrase deletions in 1st If 1977 Vol.16A p.457
(1977, c.375 �5)

�544 No change since 1971

�545 Rewrote sub-�l & 4: 1) licenses are now for a 1977 Vol.16A p.458-9
1-2 year period but may be issued for shorter (1977, c.375%�6,7)
periods, 4) subsection was expanded and
clarified with no change in meaning

�546 Repealed sub-�l to 3 and 1st If re: procedure, 1977 Vol.16A p.460-1
emergency and enforcement (1977,c.300��35,36)

�547 No change since 1973

�548 Corrections in 2nd II, 2nd sentence: dropped 1979 Vol.16A Sup. p.43
phrases "hereinafter provided for" and "the (1979,c.541 �A,266)
provisions of"

�549 Corrections in 1st sentence: dropped phrase 1979 Vol.16A Sup. p.43
"the provisions of" (1979, c.541 A,267)

�550 Rewrote section 1977 Vol.16A p.464-5
(1977, c.375 �9)

�551 Deletions & additions in 1st 1f: 1) the fund 1977 Vol.16A p.465
limit is increased, 2) the board shall collect (1977,c.375 �10-16)
funds according to sub-�4
Sub-�2: changes in 1st sentence: 1) dropped
phrase "petroleum products or their by-products",
2) person suffering damages called "the claimant"
Added It E re: awarding of funds to claimant
Rewrote II's A & B to include situation where person
causing the damage is not known
Added sub-�2-A re: exemptions with no change
in essential meaning but also includes the situa-
tion where the person causing damages is not known
Sub-�3: rewrote IfI B
Sub-�4: rewritten to cover a situation where
existing funds are inadequate, and the procedures
to handle the sums received are outlined
Sub-�6: rewritten- 1) 1st If: the board will not
seek recovery of funds if the amount is too
small or success of recovery is slight, 2) If's
A & 8 rewritten to involve disbursements made
pursuant to sub-�5, If's 8, D, and E, 3) If 0
added allowing the board to file with federal
agencies for recovery of funds

Sub-�l: dropped phrase "the provisions of" 1979 Vol.16A Sup. p.44
(1979,c.541 �A,268)
Sub-�4, I1 A: raised license fees 1980 (PL 1980, c.708)

�552 Rewrote sub-�2: 1) the list of liable is ex- 1977 Vol.16A p.473-4
panded to include person or vessel, 2) refer- (1977, c.375 517)
ence is made to section 551, sub-�5, II's
8,D,& E

�552-A Enacted re: detention of vessels 1977 Vol.16A p. 475
(1977, c.375 �18)

�553 No change since 1969

�554 No change since 1971

�555 Corrections in 1st sentence: dropped phrase 1979 Vol.16A Sup. p.44
"the provisions of" (1979,c.541 �A,269)

�556 Corrections: dropped "however" and "the pro- 1979 Vol.16A Sup. p.44
visions of" (1979,c.541 �A,270)

�557 No change since 1971

�558,559 Blank

�560 Textual changes in sub-�1,3,5 1977 Vol.16A p.477-9
Rewrote sub-�9 (1979, c.78 �203-6)
Repealed sub-�8 last sentence (1977, c.300 637)
Repealed sub-�9 (1977, c.300 �38) &
(1977,c.546 6139-A)

12 M.R.S.A. ��6171, 6191, 6192, 6193, 6022: MARINE RESOURCE MANAGEMENT

Section Changes Year Reference

�3504 became �6171 1979 Vol.6 Sup. p.248-9 v
(1977, c. 661 �5)
Add sub-�2-A re: management plans (1979, c.404)

�3505 became �6191 1979 Vol.6 Sup. p.250-1
�6192 (1977, c.661 �5)
�6193

�3506 became �6022 1979 Vol. 6 Sup. p.235-6
(1977, c.661 �5)

Core Laws
of
Maine's Coastal Program

Prepared for the Maine State Planning Office
by Susan MacPherson

September, 1980

Financial Ahssistance for the preparation of this document has been
provided by the Coastal Zone Management Act of 1972, administered by the
Office of Coastal Zone Management, National Oceanic and Atmospheric
Administration.

TABLE OF CONTENTS

Pages
INTRODUCTION

1. PROTECTION AND IMPROVEMENT OF WATERS

Statutes .1.............
Regulations. .......................29

2. ALTERATION OF COASTAL WETLANDS ACT

Statutes. ........................71
Regulations. .......................74

3. MANDATORY ZONING AND SUBDIVISION CONTROL

Statutes. ........................94
Regulations. .......................97

4. LAND USE REGULATION LAW

Statutes. ........................117

5. LAND SUBDIVISION LAW

Statutes. ........................131

6. SITE LOCATION OF DEVELOPMENT

Statutes. ........................134
Regulations. .......................141

7. PROTECTION AND IMPROVEMENT OF AIR LAW

Statutes. ........................186
Regulations .........................210

8. SOLID WASTE MANAGEMENT ACT

Statutes. ........................279
Regulations. .......................297

9. ALTERATION OF RIVERS, STREAMS AND BROOKS ACT

Statutes. ........................328
Regulations. .......................329

10. OIL DISCHARGE PREVENTION AND POLLUTION CONTROL

Statutes. ........................356
Regulations. .......................375

11. MARIN\E RESOURCE MANAGEMENT LAWS

Statutes. ........................428
Regulations. .......................430

DEPARTMENT OF ENVIRONMENTAL PROTECTION REGULATIONS

Processing of Applications .. ..............436
Hearings on Applications . ':' . ..i.......449
Hearings on Applications of Significant Public Interest. 458
Conduct of Enforcement Hearings .. ............474

Dear Reader,

This publication, The Core Laws of Maine's Coastal Program, is part of

a continuing effort of the State Planning Office to keep Federal agencies and

private industry informed of all revisions or additions in Maine State Laws

that may affect their activities.

These laws guide the Coastal Program in determining policies for develop-

ments and conservation decisions affecting the coast. The book includes the

most current version of the laws, incorporating any changes made during the 1980

* ~legislative session.

We hope you find this book both informative and useful.

Allen Pease,
Director

I NTRODUCTI ON

Maine's Coastal Program, developed pursuant to the Coastal Zone
Management Act of 1972, was approved in October 1978. Referred to as the
"Maine's Coastal Program," it is a balanced effort to strengthen the
functions of the existing laws and to enhance coastal resource
utilization through local and state coastal projects.

The State Planning Office, advised by the Governor's Advisory
Committee on Coastal Development and Conservation selected the following
eleven resource management laws as the legal foundation or "core laws" of
Maine's Coastal Program:

The Protection of Waters Act Coastal Wetlands Act
Shoreland Zoning Act Land Use Regulation Commission
Municipal Subdivision Law Site Location Act
Protection and Improvement of Air Act Solid Waste Management Act
Stream Alteration Act Oil Discharge Prevention and
Marine Resource Law Pollution Control Act

These laws also serve as basic standards for the state's federal
consistency review, provided in Section 307 of the Act. Because of their
importance to the Coastal Program we have printed the 11 laws plus their
regulations in this book to provide an easy reference guide.

FOR FURTHER INFORMATION SEE:

Guide to Federal Consistency Under Maine's Coastal Program

Coastal Zone Management Act (PL92-583, PL 94-3270)

Maine's Coastal Program FEIS, August 1978

Federal Register, Vol. 43, No. 49, PP. 10510-10533)

is ~~Changes to the Core Laws of Coastal Program, 1980

PROTECTION AND IMPROVEMENT OF WATERS

MAINE REVISED STATUTES ANNOTATED
Title 38 � 361-372, 411-424,
451-452

� 361. Organization; compensation; meetings; duties
The Board of Environmental Protection, as heretofore es- Maine Revised Statute
tablished and heireinafter in this subchapter called the "board," Annotated, Title 38
shall consist of 10 members appointed by the Governor, subject 361-372, 411 -424,
to review by the Joint Standing Committee on Natural Re- 451-452
sources and to confirmation by the Legislature and the Commis-
sioner of Environmental Protection ex officio. The Commission- Protection and Improve
er of Environmental Protection shall be a nonvoting member of
the board. Members of the board shall be chosen to represent
the broadest possible interest and experience which can be
brought to bear in the implementation of this Title and all other
laws which the board is charged with the duty of administering.
The members shall be appointed for a term of 4 years and until
their successors are appointed and duly qualified.
The members appointed by the Governor shall receive $40
per day for their services at meetings or hearings and all mem-
bers shall receive necessary traveling expenses for attending any
meetings of the board or for any other travel in connection with
the official business of the board and under the specific authori-
ty of the board, which traveling expenses shall be paid out of
the General Fund.
Meetings of the board shall be held at such time and place
as shall be determined by the board but not less than 2 meetings
per year shall be held. .The board shall in October of each year
elect a secretary who need not be chosen from among the mem-
bers of the board. Six members of the board shall constitute a
quorum, except for the purpose of conducting any hearing.
The Commissioner of Environmental Protection with the
prior approval of the board may obtain the services of consult-
ants on a contractual basis or otherwise as may be necessary to
carry out this subchapter.
It shall be the duty of the board, exercising the police pow-
er of the State, to control, abate and prevent the pollution of the
air, waters, coastal flats and prevent diminution of the highest
and best use of the natural environment of the State. The
board shall make recommendations to each subsequent Legisla-
ture with respect to the classification of the waters and coastal
flats and sections thereof within the State, based upon reason-
able standards of quality and use.
The board shall make recommendations to each Legislature
with respect to the control, abatement and prevention of pollu-
tion of the air, waters, coastal flats and other aspects of the nat-
ural environment within the State for the benefit of the citizens
of this State.
The board shall consult with and advise the authorities of
municipalities, persons and businesses having, or about to have,
systems of drainage, sewerage or industrial wastes except purely
storm water systems located in or on or draining from public
ways, as to the best methods of disposing of the drainage, sew-
age or industrial wastes with reference to the existing and fu-
ture needs of the municipality, other municipalities, persons or
businesses which may be affected thereby. It may consult with
and advise with persons or corporations engaged or intending to
engage in any manufacturing or other business whose drainage,
sewage or industrial wastes may tend to pollute any waters un-
der the jurisdiction of the board, as to the best methods of pre-
venting such pollution, and it may conduct experiments to deter-
mine the best methods of the purification or disposal of drain-

age, sewage and industrial wastes. Municipalities, sewer dis-
tricts, quasi-municipal corporations, firms, persons, state agen- � 361
cies and other legal entities shall submit to said board for its ad-
vice and approval the plans and specifications for any proposed
new system of drainage, sewage disposal, sewage treatment or
industrial waste disposal into any waters of the State, except
purely storm water systems located in or on or draining from
public ways and any alterations in existing facilities.
The board is authorized to establish and conduct a continu-
ous planning process in cooperation with appropriate federal,
state, regional and municipal officers and agencies, consistent
with the requirements of the Federal Water Pollution Control
Act, as amended.'
The board after a public hearing may adopt, amend and re-
peal such reasonable fees not to exceed $500 for licenses, permits
and approvals that require continuing surveillance.
At such time as the State applies for and receives authority
to issue permits under the appropriate provisions of the Federal
Water Pollution Control Act, as amended, no person may serve
as a board member who receives, or during the 2 years prior to
his appointment has received, a significant portion of his income
directly or indirectly from license or permit holders or appli-
cants for a license or permit.

� 361-A. Definitions
Unless the context otherwise indicates, the following words
when used in any statute administered by the Department of
Environmental Protection shall have the following meanings:
1. Discharge. "Discharge" means any spilling, leaking,
pumping, pouring, emptying, dumping, disposing or other addi-
tion of any pollutant to water of the State.
1-A. Coastal streams. "Coastal streams" means those wa-
ters of the State which drain directly or indirectly into tidal wa-
ters, except portions of streams subject to the rise and fall of
the tide and those waters listed and classified in sections 368
and 370.
I-8. Agricultural activities. "Agricultural activities' means the growing
of vegetables, fruits, seeds, nursery crops, poultry, livestock, field crops, culti- (Note:This conflict in num-
vated or pasture hay and farm woodlot products, including Christmas trees. bering should be resolved
I-B. Aquifer. 'Aquifer" means a geologic formation composed of rock or during the next legislative
sand and gravel that stores and transmits significant quantities of recovera-
ble water, as identified by the Maine Geological Survey. session. )
I-C. Aquifer recharge area. "Aquifer recharge arean' means land com-
posed of permeable porous material or rock sufficiently fractured to allow in-
filtration and percolation of surface water and transmit it to aquifers.

2. Fresh surface waters. "Fresh surface waters" means
all waters of the State other than tidal waters.
2-A. Ground water. "Ground water" means all the waters found beneath
the surface of the earth which are contained within or under this State or
any portion thereof, except such waters as are confined and retained com-
pletely upon the property of one person and do not drain into or connect with
any other waters of the State.
.3. Municipality. "Municipality" means a city, town, plan-
tation or unorganized township.
4. Person. "Person" means an individual, firm, corpora-
tion, municipality, quasi-municipal corporation, state agency,
federal agency or other legal entity. 2

4-A. Pollutant. "Pollutant" means dredged spoil, solid � 361-A
waste, junk, incinerator residue, sewage, refuse, effluent, gar-
bage, sewage sludge, munitions, chemicals, biological or radiolog-
ical materials, oil, petroleum products or by-products, heat,
wrecked or discarded equipment, rock, sand, dirt and industrial,
municipal, domestic, commercial or agricultural wastes of any
kind.
4-A-I. Snow dump.' "Snow dump" means a facility that is used for the
storage of snow and incidental materials collected from public or private
ways.

4-B. Surface waste water disposal system. "Surface
waste water disposal system" shall mean any system for disposal
of waste waters on the surface of the earth, including, but not
limited to, holding ponds, surface application and injection sys-
tems.
5. Tidal waters. "Tidal waters" means those portions of
the Atlantic Ocean within the jurisdiction of the State, and all
other waters of the State subject to the rise and fall of the tide
except those waters listed and classified in sections 368 and 369.

6. Transfer of oxvnership. "Transfer of ownership" means
a sale, a lease, a sale of over 50c% of the stock of a corporation
to one legal entity or a merger or consolidation where the sur-
viving corporation is other than the original licensee.

7. Waters of the State. "Waters of the State" means any
and all surface and subsurface waters which are contained with-
in, flow through, or under or border upon this State or any por-
tion thereof, including the marginal and high seas, except such
waters as are confined and retained completely upon the proper-
ty of one person and do not drain into or connect with any other
waters of the State.

� 361 -B. Repealed. 1977, c. 300, � 13

� 361 -C. Repealed. 1977, c. 300, � 14

� 361-D. Radioactive waste facilities -
i. Definitions. For the purposes of this section, unless the context other-
wise indicates, the following terms shall have the following meanings.
A. "Permanent radioactive waste repository" means a facility, whether
above or below the ground, where radioactive waste materials are to be
stored or disposed of in such a way as to be permanently isolated from
the biosphere.
B. "Radioactive waste material" means any solid, liquid or gas residue,
including spent fuel assemblies prior to reprocessing, remaining after the
primary usefulness of the radioactive material has been exhausted and
containing nuclides that spontaneously disintegrate or exhibit ionizing ra-
diations.
C. "Temporary radioactive waste repository" means only a facility
which is used for the temporary storage or disposal of spent nuclear fuel
elements or the by-products of reprocessing spent nuclear fuel elements.
2. Notification. Any person intending to construct or operate any tempo-
rary or permanent radioactive waste repository shall, at least one year prior
to commencing any construction or operation, notify the board in writing of
his intent and of the nature and location of the facility, together with /nwo
other information the board mnay require.
3. Hearing. Within 30 days of receipt of the notification, the board .shall
schedule a public hearing in the general area of the proposed project. At the
hearing, the board, exercising its investigative authority and the police power
of the State, shall solicit and receive testimony to deternlle whether the
project will be subject to section 413,. waste discharge licenses, section 590,
air emission licensing, and any other laws administered by the board that
may be applicable.
4. Findings. - Within 90 days after the board adjourns any hearing held
under this section, it shall make findings of fact and conclude that the proj-
ect is or is not subject to each of the laws which were addressed at the hear-
ing.
5. Exemption. This section shall not apply to the Storage of spent nuclear
fuel elements at spent fuel element pools when those spent nuclear fuel cle- 3
ments are from the operation of existing nuclear generating facilities within
this State and when located within the confines of the site of such a facility.

� 362. Authority to accept federal funds � 362:
The board is designated the public agency of the State of
Maine for the purpose of accepting federal funds in relation to
water pollution control, water resources and air pollution studies
and control. The board is authorized, subject to the approval of
the Governor, to accept federal funds available for water pollu-
tion control, water resources and air pollution studies and con-
trol and meet such requirements with respect to the administra-
tion of such funds, not inconsistent with this subchapter, as are
required as conditions precedent to receiving federal funds. The
Treasurer of State shall be the appropriate fiscal officer of the
State to receive federal grants on account of water pollution
control, water resources and air pollution studies and control,
and the State Controller shall authorize expenditures therefrom
as approved by the board.

� 362-A. Experiments and scientific research in the field
of pollution and pollution control
Notwithstanding any other law administered or enforced by
the department, the department is authorized to permit persons
to discharge, emit or place any substances on the land or in the
air or waters of the State, in limited quantities and under the
strict control and supervision of the department or its designees,
exclusively for the purpose of scientific research and experimen-
tation in the field of pollution and pollution control. The re-
search and experimentation conducted under this section shall
be subject to such terms and conditions as the department
deems necessary in order to protect the public's health, safety
and general welfare, and may be terminated by the department
at any time upon 24 hours' written notice.

� 363. Standards of classification of fresh waters
The board shall have 4 standards for the classification of
fresh surface waters.
Class A shall be the highest classification and shall be of
such quality that it can be used for recreational purposes, in-
cluding bathing, and for public water supplies after disinfection.
The dissolved oxygen content of such waters shall not be less
than 75% saturation or as naturally occurs, and contain not
more than 20 fecal coliform bacteria per 100 milliliters.
These waters shall be free from sludge deposits, solid refuse
and floating solids such as oils, grease or scum. There shall be
no disposal of any matter or substance in these waters which
would impart color, turbidity, taste or odor other than that
which naturally occurs in said waters, nor shall such matter or
substance alter the temperature or hydrogen-ion concentration
of these waters or contain chemical constituents which would be
harmful or offensive to humans or which would be harmful to
animal or aquatic life. No radioactive matter or substance shall
be permitted in these waters other than that occurring from
natural phenomena.
There shall be no discharge of sewage or other pollutants into waters of
this classification and no deposits of such material on the banks of these wa-
ters in any nmnner that transfer of sewage or other pollutants into the wa-
ters is likely, except that existing licensed discharges illto waters of this clas-
sification will be allowed to continue until practical alternatives exist. New
discharges will be permitted only if, in addition to satisfying all the require-
ments of this chapter, the discharged effluent will be equal to or better than
the existing water quality of the receiving waters. Prior to issuing n dis-
charge license, the board shall require the applicant to objectively demon-
strate to the board's satisfaction that the tlischarge is necessary and that 4
there are no other reasonaible alternatives available.

Class B, 'the 2nd highest classification, shall be divided into 2 �363
designated groups as B-i and B-2.
B-i. Waters of this class shall be considered the higher
quality of the Class B group and shall be acceptable for recrea-
tional purposes, including water contact recreation,, for use as
potable water supply after adequate treatment and for a fish
and wildlife habitat. The dissolved oxygen of such waters shall
be not less than 75%'. of saturation, and not less than 5 parts per
million at any time. The fecal coliform bacteria shall not ex-
ceed 60 per 100 milliliters.
These waters shall be free from sludge deposits, solid refuse
and floating solids such as oils, grease or scum. There shall be
no disposal of any matter or substance in these waters which
imparts color, turbidity, taste or odor which would impair the
usages ascribed to this classification nor shall such matter or
substance alter the temperature or hydrogen-ion concentration
of these wvaters so as to render such waters harmful to fish or
other aquatic life. There shall be no discharge to these waters
which will cause the hydrogen-ion concentration or "pH"V of
these waters to fall outside of the 6.0 to 8.5 range. There shall
be no disposal of any matter or substance that contains chemical
constituents which are harmful to humans, animals or aquatic
life or which adversely affect any other water use in this class.
No radioactive matter or substances shall be discharged to these
waters which will raise the radio-nuclide concentrations above
the standards as established by the United States Public Health
Service as being acceptable for drinking water. These waters
shall be free of any matter or substance which alters the compo-
sition of bottom fauna, which adversely affects the physical or
chemical nature of bottom material, or which interferes with the
* ~~~~~~propagation of fish.
There shall be no disposal of sewage, industrial wastes or
other wastes in such waters, except those which have received
treatment for the adequate removal of waste constituents includ-
ing, but not limited to, solids, color, turbidity, taste, odor or tox-
ic material, such that these treated wastes will not lower the
standards or alter the usages of this classification, nor shall such
disposal of sewage or waste be injurious to aquatic life or ren-
der such dangerous for human consumption.
B-2. Waters of this class shall be acceptable for recrea-
tional purposes including water contact recreation, for industrial
and potable water supplies after adequate treatment, and for a
fish and wildlife habitat. The dissolved oxygen of such waters
shall not be less than 60%,, of saturation, and not less than 5
parts per million at any time. The fecal coliform bacteria is not
to exceed 200 per 100 milliliters.
These waters shall be free from sludge deposits, solid refuse
and floating solids such as oils, grease or scum. There shall. be
no disposal of any matter or substance in these waters which
imparts color, turbidity, taste or odor which would impair the
usages ascribed to this classification, nor shall such matter or
substance alter the temperature or hydrogen-ion concentration
of the wvaters so as to render such waters harmful to fish or oth-
er aquatic life. There shall be no disposal of any matter or sub-
is ~~~~~stance that contains chemical constituents which are harmful to
humans, animal or aquatic life, or which adversely affect any
other water use in this class. There shall be no discharge to
these waters which will cause the hydrogen-ion concentration or
"pH" of these waters to fall outside of the 6.0 to 8.5 range. No

radioactive matter or substance shall be discharged to these wa- �363
ters which will raise the radio-nuclide concentrations above the
standards as established by the United States Public Health
Service as being acceptable for drinking water. These waters
shall be free of any matter or substance which alters the compo-
sition of bottom fauna, which adversely affects the physical or
chemical nature of bottom material, or which interferes with the
propagation of fish.
There shall be no disposal of sewage, industrial wastes or
other wastes in such waters except those which have received
treatment for the adequate removal of waste constituents includ-
ing, but not limited to, solids, color, turbidity, taste, odor or tox-
ic material, such that these treated wastes will not lower the
standards or alter the usages of this classification, nor shall such
disposal of sewage or waste be injurious to aquatic life or render
such dangerous for human consumption.
Class C waters, the 3rd highest classification, shall be of
such a quality as to be satisfactory for recreational boating and
fishing, for a fish and wildlife habitat and for other uses except
potable water supplies and water contact recreation, unless such
waters are adequately treated.
The dissolved oxygen content of such waters shall not be
less than 5 parts per miflion, except in those cases where the
board finds that the natural dissolved oxygen of any such body
of water falls below 5 parts per million, in which case the board
may grant a variance to this requirement. In no event shall the
dissolved oxygen content of such waters be less than 4 parts per
million. The fecal coliform. bacteria is not to exceed 1,000 per
100 milliliters.
These waters shall be free from sludge deposits, solid refuse
and floating solids such as oils, grease or scum. There shall be
no disposal of any matter or substance in these waters which
imparts color, turbidity, taste or odor which would impair the
usages ascribed to this classification, nor shall such matter or
substance alter the temperature or hydrogen-ion content of the
waters so as to render such waters harmful to fish or other
aquatic life. There shall be no discharge to these waters which
will cause the hydrogen-ion concentration or "pH-" of these wa-
ters to fall outside of the 6.0 to 8.5 range. There shall be no dis-
posal of any matter or substance that contains chemical constit-
uents which are harmful to humans, animal or aquatic life or
which adversely affect any other water use in this class. No ra-
dioactive material or substance shall be discharged to these wva-
ters which will raise the radio-nuclide concentrations above the
standards as established by the United States Public Health
Service as being acceptable for drinking water.
There shall be no disposal of sewage, industrial wastes or
other wastes in such waters, except those which have received
treatment for the adequate removal of waste constituents includ-
ing, but not limited to, solids, color, turbidity, taste, odor or tox-
ic material, such that these treated wastes will Pot lower the
standards or alter the usages of this classification, nor shall such
disposal of sewage or waste be injurious to aquatic life or render
such dangerous for human consumption.
Class D waters shall be assigned only where a hi-her water
classification cannot be attained after utilizing the best practica-
ble treatment or control of sewage or other wastes. Waters of
this class may be used for power generation, navigation and in- 6
dustrial process waters after adequate treatment. Dissolved ox-

ygen of these waters shall not be less than 2.0 parts per million.
The numbers of coliform bacteria allowed in these waters shall
be only those amounts which will not, in the determination of
the board, indicate a condition harmful to the public health or
impair any usages ascribed to this classification.
These waters shall be free from sludge deposits, solid refuse
and floating solids such as oils, grease or scum. There shall be
no disposal of any matter or substance in these waters which
imparts color, turbidity, taste or odor which would impair the
usages ascribed to this classification, nor shall such matter or
substance alter the temperature or hydrogen-ion concentration
of the waters to impair the usages of this classification. There
shall be no disposal of any matter or substance that contains
chemical constituents which are harmful to humans or which
adversely affect any other water use in this class. No radioac-
tive matter or substance shall be permitted in these waters
which would be harmful to humans, animal or aquatic life and
there shall be no disposal of any matter or substance which
would result in radio-nuclide concentrations in edible fish or oth-
er aquatic life thereby rendering them dangerous for human
consumption.
There shall be no disposal of sewage, industrial wastes or
other wastes in such waters, except those which have received
treatment for the adequate removal of waste constituents includ-
ing, but not limited to, solids, color, turbidity, taste, odor or tox-
ic material, such that these treated wastes will not lower the
standards or alter the usages of this classification. Treated
wastes discharging to these waters shall not create a public nui-
sance as defined in Title 17, section 2802, by the creation of
odor-producing sludge banks and deposits or other nuisance con-
ditions.
With respect to all classifications hereinbefore set forth, the
board may take such actions as may be appropriate for the best
interest of the public, when it finds that any such classification
is temporarily lowered due to abnormal conditions of tempera-
ture or stream flow.

� 363-A. Standards of classification of great ponds
The board shall have 2 standards for the classification of
great ponds.
Class GP-A shall ie the highest classification annl shatll be of slch qll:lity
that it can be used for trcreational iurlnoses, inclning h:lthing, fislth :1n
wildlife habitat and for public water supplies after disinfection.
Such waters shall have a Secchi disk transparency of not less
than 2.0 meters or as naturally occurs, and contain not more
than 20 fecal coliform bacteria per 100 milliliters. Total phos-
phorus concentration shall not exceed 15 parts per billion, and
chlorophyll A concentration shall not exceed 8 parts per billion
as measured in samples taken at or near the surface of the wa-
ter.
These waters shall be free from sludge deposits, solid refuse,
floating solids, oils, grease and scum. No radioactive matter or
substance shall be permitted in these waters other than that oc-
curring from natural phenomena.
There shall be no direct or indirect dislcharge of sewage, pIollutalnts or other
substanlces harmfill to water quality or aquatic life into waters of this elassi-
Is fication except as provided in sections 371-A and 413. No materials shall be
placed on the shores or banks thereof in silch a manner that the samle mny
fall or fhe washed into the waters or in such n manner that tie rainage
therefrom may flow or leach into those waters. 7

Class GP-B, the 2nd highest classification, shall be accepta- 363-A
ble for recreational purposes, including water contact recreation,
for use as potable water supply after adequate treatment, and
for a fish and wildlife habitat. The fecal coliform bacteria
count is not to exceed 60 per 100 milliliters. The total phospho-
rus concentration shall not exceed 50 parts per billion as mea-
sured in samples taken at or near the surface of the water.
These waters shall be free from sludge deposits, solid refuse
and floating solids, such as oils, grease or scum. There shall be
no disposal of any matter or substance in these waters which
imparts color, turbidity, taste or odor which would impair the
usages ascribed to this classification nor shall such matter or
substance alter the temperature or hydrogen-ion concentration
of these waters so as to render such waters harmful to fish or
other aquatic life. There shall be no discharge to these waters
which will cause the "pH" of these waters to fall outside of the
5.5 to 8.5 range. There shall be no disposal of any substance
that contains chemical constituents which are harmful to hu-
mans, animals or aquatic life or which adversely affect any oth-
er water use in this class. No radioactive matter or substances
shall be discharged to these waters which will raise the radio-
nuclide concentrations above the standards established by the
United States Public Health Service as being acceptable for
drinking water. These waters shall be free of any matter or
substance which alters the composition of bottom fauna, which
adversely affects the physical or chemical nature of bottom ma-
terial, or which interferes with the propagation of fish.
There shall be no disposal of sewage, industrial wastes or
other wastes in such waters, except those which have received
treatment for the adequate removal of waste constituents, includ-
ing, but not limited to, solids, color, turbidity, taste, odor and
toxic material, such that these treated wastes will not cause any
violation of water quality standards or alter the usages of this
classification, nor shall such disposal of sewage or waste be in-
jurious to aquatic life or cause it to be dangerous for human con-
sumption. There shall be no additional discharge of phosphorus
to waters of this classification, which discharge does not employ
the best available technology for phosphorus removal.

� 363-B. Standards of classification of ground water
The board shall have 2 standards for the classification of ground water.
Class GIV-A shall be the highest classification and shall be of su,'h quality
that it can be used for public water supplies. These waters shall be free of
radioactive matter or any matter that imparts color, turbidity, taste or od'or
which would impair usage of these waters, other than that occurring from
natural phenomena.
Class GW-B, the 2nd highest classification, shall be suitable for all usages
other than public water supplies.

� 364. -tidal or marine waters
The board shall have 5 standards for classification of tidal
waters:
Class SA, shall be suitable for all clean water usages, includ-
ing water contact recreation, and fishing. Such waters shall be
suitable for the harvesting and propagation of shellfish and for a
fish and wildlife habitat. These waters shall contain not less
than 6.0 parts per million of dissolved oxygen at all times. The
median numbers of coliform bacteria in any series of samples
representative of waters in the shellfish growing area or non-
shellfish growing area shall not be in excess of 70 per 100 millil-
iters, nor shall more than 10% of the samples exceed 230 coli-
form bacteria per 100 milliliters. 8

The median numbers of fecal coliform bacteria in any series
of samples representative of waters in the shellfish growing area � 364
or nonshellfish growing area shall not be in excess of 14 per 100
milliliters, nor shall more than 10% of the samples exceed 43 fe-
cal coliform bacteria per 100 milliliters.
There shall be no floating solids, settleable socds, oil or
sludge deposits attributable to sewage, industrial wastes or other
wastes and no deposit of garbage, cinders, ashes, oiLs. sludge or
other refuse. There shall be no discharge of sewage or other
wastes, except those which have received treatment for the ade-
quate removal of waste constituents including, but not limited
to, solids, color, turbidity, taste, odor or toxic material, such
that these treated wastes will not lower the standards or alter
the usages of this classification, nor shall such disposal of sew-
age or waste be injurious to aquatic life or render such danger-
ous for human consumption.
There shall be no toxic wastes, deleterious subsLances, col-
ored or other waste or heated liquids discharged to waters of
this classification either singly or in combinations wvith other
substances or wastes in such amounts or at such temperatures
as to be injurious to edible fish or shellfish or to the culture or
propagation thereof, or which in any manner shall adversely af-
fect the flavor, color, odor or sanitary condition tereof; and
otherwise none in sufficient amounts to make the waters unsafe
or unsuitable for bathing or impair the waters for any other
best usage as determined for the specific waters assigned to this
class. There shall be no discharge which will cause the hydro-
gen-ion concentration or "pH" of these waters to fall outside of
the 6.7 to 8.5 range.
There shall be no disposal of any matter or substances that
contains chemical constituents which are harmful to humans,
animal or aquatic life or which adversely affect any other water
use in this class. No radioactive matter or substance shall be
permitted in these waters which would be harmful to humans,
animal or aquatic life and there shall be no disposal of any mat-
ter or substance which would result in radio-nuclide concentra-
tions in edible fish or other aquatic life thereby rendering them
dangerous for human consumption. These waters shall be free
of any matter or substance which alters the composition of bot-
tom fauna, which adversely affects the physical or chemical na-
ture of bottom material, or which interferes with the propaga-
tion of fish or shellfish if indigenous to the area.
Class SB-1 shall be suitable for all clean water usages in-
cluding water contact recreation, and fishing. Such waters shall
be suitable for the harvesting and propagation of shellfish, and
for a fish and wildlife habitat. These waters shall contain not
less than 6.0 parts per million of dissolved oxygen at all times.
The median numbers of coliform bacteria in any series of sam-
ples representative of waters in the shellfish growing area shall
not be in excess of 70 per 100 milliliters, nor shall more than
10% of the samples exceed 230 coliform bacteria per 100 millili-
ters. The median numbers of fecal coliform bacteria in any se-
ries of samples representative of waters in the shellfish growing
area shall not be in excess of 14 per 100 milliliters, nor shall
more than 10% of the samples exceed 43 fecal coliform bacteria
per 100 milliliters. In a non-shellfish growing area the median
numbers of coliform bacteria in a series of samples representa-
tive of the waters shall not exceed 240 per 100 milliliters, nor
shall more than 10% of the samples exceed 500 coliform bacter-
ia per 100 milliliters. In a non-shellfish growing area the medi- 9

an numbers of fecal coliform bacteria in a series of samples rep-
resentative of the waters shall not exceed 50 per 100 milliliters, � 364
nor shall more than 10% of the samples exceed 150 fecal coli-
form bacteria per 100 milliliters.
There shall be no floating solids, settleable solids, oil or
sludge deposits attributable to sewage, industrial wastes or other
wastes and no deposit of garbage, cinders, ashes, oils, sludge or
other refuse. There shall be no discharge of sewage or other
wastes, except those which have received treatment for the ade-
quate removal of waste constituents including, but not limited
to, solids, color, turbidity, taste, odor or toxic material, such
that these treated wastes will not lower the standards or alter
the usages of this classification, nor shall such disposal of sew-
age or waste be injurious to aquatic life or render such danger-
ous for human consumption.
There shall be no toxic wastes, deleterious substances, col-
ored or other wastes or heated liquids discharged to waters of
this classification, either singly or in combination with other
substances or wastes in such amounts or at such temperatures
as to be injurious to edible fish or shellfish or to the culture or
propagation thereof, or which in any manner shall adversely af-
fect the flavor, color, odor or sanitary condition thereof; and
otherwise none in sufficient amounts to make the waters unsafe
or unsuitable for bathing or impair the waters for any other
best usage as determined for the specific waters which are as-
signed to this class. There shall be no waste discharge which
will cause the hydrogen-ion concentration or "pH" of these wa-
ters to fall outside of the 6.7 to 8.5 range. There shall be no dis-
posal of matter or substance that contains chemical constituents
which are harmful to humans, animal or aquatic life or which
adversely affects any other water use in this class. No radioac-
tive matter or substance shall be permitted in these waters which
would be harmful to humans, animal or aquatic life and there
shall be no disposal of any matter or substance which would re-
sult in radio-nuclide concentrations in edible fish or other aquatic
life thereby rendering them dangerous for human consumption.
These waters shall be free of any matter or substance which al-
ters the composition of bottom fauna, which adversely affects
the physical or chemical nature of bottom material or which
interferes with the propagation of fish or shellfish if indigenous
to the area.
Class SB-2 shall be suitable for recreational usages, includ-
ing water contact, and fishing. Such waters shall be suitable for
the harvesting and propagation of shellfish, for a fish and wild-
life habitat, and suitable for industrial cooling and process uses.
These waters shall contain not less than 6.0 parts per million of
dissolved oxygen at all times. The median numbers of coliform
bacteria in any series of samples representative of waters in the
shellfish growing area shall not be in excess of 70 per 100 millil-
iters, nor shall more than 10% of the samples exceed 230 coli-
form bacteria per 100 milliliters. The median numbers of fecal
coliform bacteria in any series of samples representative of wa-
ters in the shellfish growing area shall not be in excess of 14 per
100 milliliters, nor shall more than 10% of the samples exceed
43 fecal coliform bacteria per 100 milliliters. In a non-shellfish I
growing area the median numbers of coliform bacteria in a se-
ries of samples representative of the waters shall not exceed 500
per 100 milliliters, nor shall more than 10% of the samples ex-
ceed 1,000 coliform bacteria per 100 milliliters. In a non-shell-
fish growing area the median numbers of fecal coliform bacteria

in a series of samples representative of the waters shall not ex-
ceed 100 per 100 milliliters, nor shall more than 10% of the
samples exceed 200 fecal coliform bacteria per 100 milliliters.
There shall be no floating solids, settleable solids, oil or sludge
deposits attributable to sewage, industrial wastes or other
wastes and no deposit of garbage, cinders, ashes, oils, sludge or
other refuse. There shall be no discharge of sewage or other
wastes, except those which have received treatment for the ade-
quate removal of waste constituents including but not limited
to, solids, color, turbidity, taste, odor or toxic material, such
that these treated wastes will not lower the standards or alter
the usages of this classification, nor shall such disposal of sew-
age or waste be injurious to aquatic life or render such danger-
ous for human consumption.
There shall be no toxic wastes, deleterious substances, col-
ored or other wastes or heated liquids discharged to waters of
this classification either singly or in combination with other
substances or wastes in such amounts or at such temperatures
as to be injurious to edible fish or shellfish or to the culture or
propagation thereof, or which in any manner shall adversely af-
fect the flavor, color, odor or sanitary condition thereof; and
otherwise none in sufficient amounts to make the waters unsafe
or unsuitable for bathing or impair the waters for any other
best usage as determined for the specific waters assigned to this
class. There shall be no waste discharge which will cause the
hydrogen-ion concentration or "pH" of the receiving waters to
fall outside of the 6.7 to 8.5 range. There shall be no disposal of
any matter or substance that contains chemical constituents
which are harmful to humans, animal or aquatic life or which
adversely affects any other water use in this class. No radioac-
tive matter or substance shall be permitted in these waters
which would be harmful to humans, animal or aquatic life and
there shall be no disposal of any matter or substance which
would result in radio-nuclide concentrations in edible fish or oth-
er aquatic life thereby rendering them dangerous for human
consumption. These waters shall be free of any matter or sub-
stance which alters the composition of bottom fauna, which ad-
versely affects the physical or chemical nature of bottom mate-
rial, or which interferes with the propagation of fish or shellfish
if indigenous to this area.
Class SC, the 4th highest classification, shall be of such
quality as to be satisfactory for recreational boating, fishing and
other similar uses except primary water contact. Such waters
may be used for the propagation of indigenous shellfish to be
harvested for depuration purposes, for a fish and wildlife habi-
tat, and for industrial cooling and process uses. The dissolved
oxygen content of such waters shall not be less than 5 parts per
million at any time. The median numbers of coliform bacteria
in any series of samples representative of waters in the shellfish
growing area shall not be in excess of 700 per 100 milliliters, nor
shall more than 10% of the samples exceed 2,300 coliform bac-
teria per 100 milliliters. The median numbers of fecal coliform
bacteria in any series of samples representative of waters in the
shellfish growing area shall not be in excess of 150 per 100 mil-
liliters, nor shall more than 10% of the samples exceed 500 fecal
coliform bacteria per 100 milliliters. In a non-shellfish growing
area the median number of coliform bacteria in a series of sam-
ples representative of the waters shall not exceed 1,500 per 100
milliliters nor shall more than 10% of the samples exceed 5,000
coliform bacteria per 100 milliliters. 11

In a non-shellfish growing area the median numbers of fecal 364
coliform bacteria in a series of samples representative of the wa-
ters shall not exceed 300 per 100 milliliters, nor shall more than
10% of the samples exceed 1,000 fecal coliform bacteria per 100
milliliters.
There shall be no floating solids, settleable solids, oil or
sludge deposits attributable to sewage, industrial wastes or other
wastes, and no deposit of garbage, cinders, ashes, oils, sludge or
other refuse. There shall be no discharge of sewage or other
wastes, except those which have received treatment for the ade-
quate removal of waste constituents including, but not limited
to, solids, color, turbidity, taste, odor or toxic materials, such
that these treated wastes will not lower the standards or alter
the usages of this classification, nor shall such disposal of sew-
age or waste be injurious to aquatic life or render such danger-
ous for human consumption.
There shall be no toxic wastes, deleterious substances, col-
ored or other wastes or heated liquids discharged to waters of
this classification either singly or in combinations with other
substances or wastes in such amounts or at such temperatures
as to be injurious to edible fish or shellfish or to the culture or
propagation thereof, or which in any manner shall adversely af-
fect the flavor, color, or odor thereof or impair the waters for
any other usage ascribed to waters of this classification. There
shall be no waste discharge which mill cause the hydrogen-ion
concentration or "pH1" of the receiving -waters to fall outside the
6.7 to 8.5 range. There shall be no disposal of any matter or
substance that contains chemical constituents which are harmful
to humians, animal or aquatic life or which adversely affects any
other water use in this class. No radioactive matter or sub-
stance shall be permitted in these waters which would be harm-
ful to humans, animals or aquatic life and there shall be no dis-
posal of any matter or substance which would result in radio-nu-
elide concentrations in edible fish or other aquatic life thereby
rendering them dangerous for human consumption.
Class SD waters shall be assigned only where a higher wa-
ter classification cannot be attained after utilizing the best prac-
ticable treatment or control of sewage or other wastes. Waters
of this class may be used for power generation, navigation, in-
dustrial process waters or cooling waters, and for migration- of
fish. Dissolved oxygen of these waters shall not be less than 3.0
parts per million at any time. The numbers of coliform. bacteria
allowed in these waters shall be only those amounts which will
not, in the determination of the board, indicate a condition
harmful to the public health or impair any usages ascribed to
this classification.
These waters shall be free from sludge deposits, solid refuse
and floating solids such as oils, grease or scum. There shall be
no disposal of any matter or substance in these waters which
imparts color, turbidity, taste or odor which would impair the
usages ascribed to this classification, nor shall such matter or
substance alter the temperature or hydrogen-ion concentration
of the waters se as to impair the usages of this classification.
There shall be no disposal of any matter or substance that con-
tains chemical constituents which are harmful to humans or
which adversely affect any other water use in this class. No ra-
dioactive matter or substance shall be permitted in these waters
which would be harmful to humans, animal or aquatic life and 1 2
there shall be no disposal of any matter or substance which

would result in radio-nuclide concentrations in edible fish or oth- � 364
er aquatic life thereby rendering them dangerous for human
consumption.
There shall be no disposal of sewage, industrial wastes or
other wastes in such waters, except those which have received
treatment for the adequate removal of waste constituents includ-
ing, but not limited to, solids, color, turbidity, taste, odor or tox-
ic material, such that these treated wastes will not lower the
standards or alter the usages of this classification. Treated
wastes discharging to these waters shall not create a public nui-
sance as defined in Title 17, section 2802, by the creation of
odor-producing sludge banks and deposits or other nuisance con-
ditions.
With respect to all classifications hereinbefore set forth, the
board may take such actions as may be appropriate for the best
interests of the public, when it finds that any such classification
is temporarily lowered due to abnormal conditions of tempera-
ture or stream flow.

� 365. Classification procedure
The board, having made its studies and investigations of
given drainage area or portion thereof, shall call public hearings
in the area or reasonably adjacent thereto, for the purpose of
presenting to all interested people the proposed classification for
the particular body of surface waters or tidal flats.
Within a reasonable time following the hearing the board
shall give public notice of the proposed classification arrived at
after considering the results of the hearing.

� 366. Cooperation with other departments and agencies
The board is authorized to cooperate with other depart-
ments or agencies of this State and with any other state or
states and with the Federal Government for the purpose of
carrying out this subchapter relating to air, and rivers and wa-
ters which run through this State and any other state or states.
Said board is authorized to cooperate with the Federal Govern-
ment for the purpose of carrying out this subchapter relating to
any and all rivers and waters which, in whole or in part, are lo-
cated in or run through this State.

� 367. Classification of surface waters
The surface waters in sections 36S to 371-A shall be classified in accord-
ance with this subchapter.
The commission may, after careful consideration, public he:rings and in
consultation with other state agencies and, where aplrol)ritate, federal and in-
terstate water pollution control agencies, and the nmnuicipalities and indus-
tries involved, recommend to the Legislature the classification or change in
classification of any fresh surface or tidal waters, or portions thereof.
Sections 368 through 371-A are not included here.
To find the classification of a specific body of
water in the State of Maine, refer to sections 368
through 371-A of Title 38 in the Maine Revised
Statues Annotated.
� 372. Exceptions
Nothing contained in this subchapter shall limit the powers
of the State to initiate, prosecute and maintain actions to abate
public nuisances to the extent consistent with the public interest,
nor shall any license granted under this subchapter constitute a 13
defense to any action at law for damages.

� 41 1. State contribution to pollution abatement � 411
The department is authorized to pay an amount at least
15%, but not to exceed 25%, of the expense of a municipal or
quasi-municipal pollution abatement construction program
which has received federal approval and federal funds for con-
struction. State grant-in-aid participation under this section
shall be limited to grants for waste treatment facilities, intercep-
tor systems and outfalls. The word "expense" shall not include
costs relating to land acquisition or debt service.
All proceeds of the sale of bonds for the construction and
equipment of pollution abatement facilities to be expended under
the direction and supervision of the Department of Environmen-
tal Protection shall be segregated, apportioned and expended as
provided by the Legislature.

� 412. Grants by State for planning
1. Grants by State for planning. The Department of Envi-
ronmental Protection is authorized to pay an amount at least
15%, but not to exceed 25%, of the expense incurred by a mu-
nicipality or quasi-municipal corporation in preliminary or final
planning of a pollution abatement program in the form of a
grant. Such amount may not be paid until the governing body
of the municipality or the quasi-municipal corporation duly
votes to proceed with preliminary or final planning of a pollu-
tion abatement program, as appropriate.

A. For the purposes of this section, "preliminary plan-
ning" means engineering studies which include analysis of
existing pollution problems; estimates of the cost of alter-
native methods of waste treatment, studies of areas to be
served by the proposed facilities and estimates of the cost of
serving such areas; preliminary sketches of existing and
proposed sewer and treatment plant layouts; and estimates
of alternative methods of financing, including user charges,
and other studies and estimates designed to aid the munici-
pality or quasi-municipal corporation in deciding whether
and how best to proceed with a pollution abatement pro-
gram.

B. For the purposes of this section, "final planning" means
the preparation of engineering drawings and specifications
for the construction of waste treatment facilities, intercep-
tor systems and outfalls or other facilities specifically desig-
nated in departmental regulations. All proceeds from the
sale of bonds for the planning of pollution abatement facili-
ties to be expended under the direction and supervision of
the Department of Environmental Protection shall be segre-
gated, apportioned and expended as provided by the Legis-
lature.

� 412-A. Technical and legal assistance
At the request of any recipient of state funds under section 411 or 412, the
department is authorized to provide technical assistance and, through the At-
torney General, legal assistance in the administration or enforcement of any
contract entered into, by or for the benefit of the recipient in connection with
wastewater treatment works or other facilities assisted by these funds.
Whenever any state funds have been disbursed pursuant to section 411 or
412, the State, acting through the Attorney General, shall have a rdirect right
of action against the recipient thereof, or any contractor, subcontractor, at- 4
chitect, engineer or manufacturer of any equiplllent purellhasedl with theose

funds, to recover the funds, as well as any federal funds administered by the 42-A
department for the same purposes, which may be properly awarded as actual 4 2-A
damages in an action alleging negligence or breach of contract.-

� 413. Waste discharge licenses
1. License required. No person shall directly or indirect-
ly discharge or cause to be discharged, any pollutant without
first obtaining a license therefor from the board.

1-A. License required for surface waste water disposal
systems. No person shall install, operate or maintain a surface
waste water disposal system without first obtaining a license
therefor from the board.
I-B. License required for subsurface waste water disposal systems. No
person shall install, operate or maintain a subsurface waste water dislposal
system without first obtaining a license therefor from the board, except that
a license shall not be required for systems designed and installed in conforlm-
ance with the State of Maine Plumbing Code, as promulgated under Title 22.
section 42.
2. Exemption. No person shall be deemed to be in violation of subsection
1 for any discharge as it existed on October 3, 1973 provided that application
has been made for a license for sich discharge on or before December 31,
1973. The exemption provided by this subsection shall expire upon final ad-
ministrative disposition of such application or ISO days after the date of such
application, whichever occurs first.
No person shall be deemed in violation of this section for the discharge of
rock, sand, dirt or other pollutants resulting fromn erosion related to agricul-
tural activities, subject to the following conditions.
A. The appropriate soil and water conservation district has recom-
mended an erosion and sedimentation control plan or conservation plan
for the land where this erosion originates.
B. The board has certified that the plan meets the objectives of this
chapter.
C. The department determines that the agricultural activities are in
compliance with the applicable portion of the plan, or the soil and water
district has certified that funds from existing federal and state programs
are not available to implement the applicable portion of the plan.

2-A. Repealed. 1980, c.663, �229.

2-B. Exemptions; snow dumps. The Board of Environmental Protectioll
may by rule exempt categories of snow dumps from the need to obtain a li-
cense under this section when it finds that the exempted activity would not
have a significant adverse effect on the quality or classifications of the wa-
ters of the State.
3. Transfer of ownership. In the event that any person possessing a li-
cense issued by the board shall transfer the ownership of the property, facili-
ty or structure which is the source of a licensed discharge, without transfer
of the license being approved by the board, the license granted by the board
shall continue to authorize a discharge within the limits and subject to the
terms and conditions stated in the license, provided that the parties to the
transfer shall be jointly and severally liable for any violation thereof until
such time as the board approves transfer or issnance of a waste discharge li-
cenlse to the new owner. The board may in its di-cretion require the new
owner to apply for a new license, or may approve transfer of the existing li-
eense upon a satisfactory showing that the new owner can abide by its terms
and conditions.
4,5. Repealed. 1973, c. 450, � 10.

6. Unlicensed discharge. If after investigation the board
finds any unlicensed discharge, it may notify the Attorney Gen-
eral of the violation without recourse to the hearing procedures
of section 347. The Attorney General shall proceed immediately
under section 348.

7. Tidal waters and subtidal lands. In connection with a
license under sections 414 and 414-A, whenever issued, the
board may grant to a licensee a permit to construct, maintain 15
and operate any facilities necessary to comply with the terms of

such license in, on, above or under tidal waters or subtidal lands � 413
of the State. Such permit may be issued upon such terms and
conditions as the board deems necessary to insure that such fa-
cilities create minimal interference with existing uses, including
a requirement that the licensee provide satisfactory evidence of
financial capacity, or in lieu thereof, a bond in such form and
amount as the board may find necessary, to insure removal of
such facilities. In the event that such facilities are no longer
necessary in order for such licensee or successor thereof to com-
ply with the terms of its license, the board may, after opportuni-
ty for notice and hearing, require the licensee or successor to re-
move all or any portion of such facilities from the tidal waters
or subtidal lands. Such removal may be ordered if the board
determines that maintenance of such facilities will unreasonably
interfere with navigation, the development or conservation of
marine resources, the scenic character of any coastal area, other
appropriate existing public uses of such area or public health
and safety, and that cost of such removal will not create an un-
due economic burden on such licensee or successor.

� 414. Applications for licenses
1. Repealed. 1977, c. 300, � 17.
2. Terms of licenses. Licenses shall be issued by the board for a term of
not more than 5 years.
3. Inspection and records. Authorized representatives of the commissioner
and the Attorney General shall have access at any reasonable time, to and
through any premises where a discharge originates or is located, for the pur-
poses of inspection, testing and sampling. The board may order a discharger
to produce and shall have the right to copy any records relating to the han-
dling, treatment or discharge of pollutants and may require any licensee to
keep such records relating thereto as it deems necessary.
4. Repealed. 1973, c. 712, � 6.

5. Unlawful to niolate license. After the issuance of a
license by the board it shall be unlawful to violate the terms or
conditions of the license, whether or not such violation actually
lowers the quality of the receiving waters below the minimum re-
quirements of their classification.
6. Conduct of hearings. The board may establish reason-
able fees for the reproduction of materials in its custody includ-
ing parts of an application submitted to the board and parts of
the records of a hearing held by the board under this section.
All such fees collected by the board may be retained by it to
reimburse expenses incurred in reproducing such materials.
Any records, reports or information obtained under this sub-
chapter shall be available to the public, except that upon a
showing satisfactory to the board by any person that such rec-
ords, reports or information, or particular part thereof, other
than effluent data, to which the board has access under this sub-
chapter would, if made public divulge methods or processes of
such person which are entitled to protection as trade secrets,
such records, reports or information shall be confidential and not
available for public inspection or examination. Such records, re-
ports or information may be disclosed to employees or authorized
representatives of the State or the United States concerned with
carrying out this subchapter or any applicable federal law, and
to any party to a hearing held under this section on such terms
as the board may prescribe in order to protect such confidential
records, reports and information, provided that such disclosure
is material and relevant to any issue under consideration by the
board. A16
7. Repealed. 1977, c. 300, � 19.

� 414-A. Conditions of licenses � 414-A

1. Generally. The board shall issue a license for the dis-
charge of any pollutants only if it finds that:

A. The discharge either by itself or in combination with
other discharges will not lower the quality of any classified
body of water below such classification;

B. The discharge either by itself or in combination with
other discharges will not lower the quality of any unclassi-
fied body of water below the classification which the board
expects to adopt in accordance with this subchapter:
C. The discharge either by itself or in combination with
other discharges will not lower the existing quality of any
body of water, unless upon an affirmative showing by the
applicant the board finds that such lowering is a result of
necessary economic and social development; and
D. The discharge will be subject to effluent limitations which require
application of the best- practicable treatment. "Effluent limitations"
means any restriction or prohibition including, but not limited to, effluent
limitations, standards of performance for new sources, toxic effluent
standards and other discharge criteria regulating rates, quantities and
concentrations of physical, chemical, biological and other constituents
which are discharged directly or indirectly into waters of the State.
"Best practicable treatment" means the methods of reduction, treatment,
control and handling of pollutants, including process methods, and the ap-
plication of best conventional pollutant control technology or best availa-
ble technology economically achievable, for a category or class of dis-
charge sources which the board determines are best calculated to protect
and improve the quality of the receiving water and which are consistent
with the requirements of the Federal Water PIolltion Control Act, as
amended. In determining best practicable treatment for each such cate-
gory or class, the board shall consider the then existing state of technolo-
gy, the effectiveness of the available alternatives for control of the type
of discharge and the economic feasibility of such alternatives.
E. A pesticide discharge Is unlikely to exert a significant adverse impact
on nontarget species. This standard shall only be applicable to applica-
tions to discharge pesticides.
2. Schedules of compliance. The board may establish schedules, within
the terms and conditions of licenses, for compliance with best practicable
treatment including such interim and final dates for attainment of specific
standards as are necessary to carry out the purposes of this subehapter. The
schedules shall be as short as possible and shall be based upon a considera-
tion of the technological and economic impact of the steps necessary to at-
tain these standards; provided that in any event these schedules shall re-
quire complete compliance with subsection 1 not later than October 1, 1976,
except the application of best conventional pollutant control technology or
best available technology economically achievable, which schedules shall be
consistent with the times permitted for compliance by the Federal Water Pol-
lution Control Act, as amended.
3. Federal law. At such time as the Administrator of the United States
Environmental Protection Agency determines to cease issuing permits for dis-
charges of pollutants to waters of this State pursuant to his authority tunder
Section 402(c)(1) of the Federal Water Pollution Control Act, '1s amended,l
the board shall refuse to issue a license for the discharge of pollutants which
it finds would violate the provisions of any federal law relating to water pol-
lution control, anchorage or navigation or regulations enacted pursuant there-
to. Any license issued under this chapter after such determination shall con-
tain such provision, including effluent limitations, which the board deems nec-
essary to carry out the purposes of this subciapter and any .tuch fcleral laws
or regulations.
Notwithstanding the foregoing, the board is anthorized to issue licenues coln-
taining a variance from thermal effluent limitations, or from applicable eolln-
pliance deadlines to accommodate an innovative technology. The variancees
shall be granted only in accordance with the Federal Water Pollution Control
Act, sections 316 and 01(k), as amendled, and applicable regulations.

� 414 4- B. Publicly owned treatment works
1. Definition. "Publicly owned treatment works" means
any facility for the treatment of pollutants owned by the State
or any political subdivision thereof, any municipality, district,
quasi-municipal corporation or other public entity. 7

2. Pretreatment standards. The board may establish pretreatenllt st;Il-
dards for the introduction into publicly owned treatmlent works of polluta;nts � 414-B
which interfere writh, pass through or otherwise are incomlpatible wvith those B
treatment works. In addition, the board may establish pretreatment stan-
(lards for designated toxic pollutants which may be introduced into a publicly
ownedl treatment worls.
The board may require that any license for a discharge from a publicly
owned treatment works include conditions to require the identification of pol-
lutants, in terms of character and volume, from any significant source intro-
ducing pollutants subject to pretreatment standards, and to assure compliance
with these pretreatment standards by each of these sour(es.
2-A. Prohibited discharge through publicly owned treatment works. The
discharge to a publicly owned treatment works of any pollutant which inter-
feres with, passqes through or otherwise is incompatible with these works, or
which is a designated toxic pollutant, is prohibited uniless in compliance with
pretreatment standards established for the applicable class or category of dis-
charge.
3. User charges. The board may impose as a condition in
any license for the discharge of pollutants from publicly owned
treatment works appropriate measures to establish and insure
compliance by users of such treatment works with any system of
user charges required by state or federal law or regulations pro-
mulgated thereunder.
� 415. Repealed. 1977, c. 300, � 20

�' 416. Repealed. 1977, e. 375, � I

� 417. Certain deposits and discharges prohibited
No person, firm, corporation or other legal entity shall
place, deposit or discharge, directly or indirectly into the inland
waters or tidal waters of this State, or on the ice thereof, or on
the banks thereof in such a manner that the same may fall or be
washed into such waters, or in such manner that the drainage
therefrom may flow or leach into such waters, any of the follow-
ing, except as otherwise provided by law:
A. Any slabs, edgings, sawdust, shavings, chips, bark or
other forest products refuse;
B. Any potatoes or any part or parts thereof;

C. Any scrap metal, junk, paper, garbage, septic tank
sludge, rubbish, old automobiles or similar refuse.
This section shall not apply to solid waste disposal facilities
in operation on July 1, 1977, owned by a municipality or quasi-
municipal authority if the operation and maintenance of the fa-
cility has been or is approved by the Board of Environmental
Protection pursuant to the requirements of chapter 13 and the
regulations adopted thereunder.

� 418. Log driving and storage
1. Prohibitions. No person, firm, corporation or other le-
gal entity shall place logs or pulpwood into the inland waters of
this State after October 1, 1976 for the purpose of driving the
same to pulp mills, lumber mills or any other destination.
No person, firm, corporation or other legal entity shall place
logs or pulpwood on the ice of any inland waters of this State
after October 1, 1976.
No person, firm, corporation or other legal entity shall place
logs or pulpwood into the inland waters of this State after Octo-
ber 1, 1976 for the purpose of storage or curing the same, or for
other purposes incidental to the processing of forest products,
without a permit from the board as described in subsection 2.
2. Storage; permit. Whoever proposes to use the inland
waters of this State after October 1, 1976 for the storage or cur-
ing of logs or pulpwood, or for other purposes incidental to the
processing of forest products, shall apply to the board for a per- 18
mit for such use. Applications for such permits shall be in such

form and require such information as the board may determine. �41 8
Within 45 days of receipt of an application, the board shall ei-
ther grant the application or hold a public hearing thereon as
provided.
If the board is able to find, on the basis of the application, that
the proposed use will not lower the existing quality or the classi-
fication, whichever is higher, of any waters, nor adversely affect
the public rights of fishing and navigation therein, and that ina-
bility to conduct such use will impose undue economic hardship
on the applicant, it shall grant the permit for a period not to ex-
ceed 3 years, with such terms and conditions as, in its judgment,
may be necessary to protect such quality, standards and rights.
In the event the board deems it necessary to solicit further evi-
dence regarding the proposed use, it shall schedule a public
hearing on the application.
At such hearing the board shall solicit and receive testimony
concerning the nature and extent of the proposed use and its im-
pact on existing water quality, water classification standards
and the public rights of fishing and navigation and the economic
implications upon the applicant of such use. If after hearing
the board determines that the proposed use will not lower the
existing quality or the classification standards, whichever is
higher, of any waters, nor adversely affect the public rights of
fishing and navigation therein and that inability to conduct such
use will impose undue economic hardship on the applicant, it
shall grant the permit for a period not to exceed 3 years, with
such terms and conditions, as in its judgment, may be necessary
to protect such quality, standards and rights.

� 419. Cleaning agents containing phosphate banned
1. Definitions.
A. "Dairy equipment", as used in this section, means
equipment used by farmers or processors for the manufac-
ture or processing of milk and dairy products.
D. "Food processing equipment", as used in this section,
means equipment used for the processing and packaging of
food for sale, except that equipment used at restaurants and
similar places of business shall not be included within the
meaning of "food processing equipment."
C. "High phosphorous detergent", as used in this section,
means any detergent, presoak, soap, enzyme or other clean-
ing agent containing more than 8.7% phosphorous, by
weight.
D. "Industrial equipment", as used in this section, means
equipment used by industrial concerns which concerns are lo-
cated on any brook, stream or river.
E. "Person", as used in this section, means any individual,
firm, association, partnership, corporation, municipality,
quasi-municipal organization, agency of the State or other
legal entity.
2. Prohibition. No person shall sell or use any high phos-
phorous detergent after June 1, 1972.
3. Exception. Subsection 2 shall not apply to any high
phosphorous detergent sold and used for the purpose of cleaning
dairy equipment, food processing equipment and industrial19
equipment.
4. Repealed. 1977, c. 300, g 23.

� 420. Certain deposits and discharges prohibited � 420

No person, firm, corporation or other legal entity shall place, deposit, dis-
charge or spill, directly or indirectly, into the inland ground or surface wa-
ters or tidal waters of this State, or on the ice thereof, or on the banks there-
of so that the same may flow or be washed into sunch watersm or in such man-
ner that the drainage therefrom may flow into such waters, any of the fol-
lowing substances:
1. Mercury. Mercury, and any compound containing mer-
cury, whether organic or inorganic, in any copcentration which
increases the natural concentration of mercury in the receiving
waters.
A. Any person, firm, corporation or other legal entity
who, on January 1, 1971, was discharging any of the sub-
stances mentioned in this subsection in connection with an
industrial process shall not be deemed in violation of this
subsection if on or before December 31, 1971 it shall file with
the board a statement indicating the amount of such sub-
stance so discharged on said date.
8. Notwithstanding paragraph A, whenever the hoard shall find that a
concentration of 10 parts per billion of merculry or greater is present in
any waters of this State, or that danger to pIlbiic health exists due to
mercury concentrations of less than 10 parts per billion in any waters of
this State, it may issue an emergency order to all persons discharging to
such waters prohibiting or curtailing the further discharge of mercury,
and compounds containing mercury, thereto. - Such findings and order
shall be served in manner similar to that described in section .347, subs.ec-
tion 2, and the parties affected by such order shall have the same rights
and duties with respect thereto as is described in section 347, sulbsection
2.
2. Toxic or hazardous substances. Any other toxic sub-
stance in any amount or concentration greater than that identi-
fied or regulated, including complete prohibition of such sub-
stance, by the board. In identifying and regulating such toxic
substances, the board shall take into account the toxicity of the
substance, its persistence and degradability, the usual or poten-
tial presence of any organism affected by such substance in any
waters of the State, the importance of such organism and the
nature and extent of the effect of such substance on such organ-
isms, either alone or in combination with substances already in
the receiving waters or 'the discharge. As used in this subsec-
tion, "toxic substance" shall mean those substances or combina-
tion of substances, including disease causing agents, which after
discharge or upon exposure, ingestion, inhalation or assimilation
into any organism, including humans either directly through the
environment or indirectly through ingestion through food
chains, will, on the basis of information available to the board
either alone or in combination with other substances already in
the receiving waters or the discharge, cause death, disease, ab-
normalities, cancer, genetic mutations, physiological malfunc-
tions, including malfunctions in reproduction, or physical defor-
mations in such organism or their offspring.

3. Radiological, chemical or biological warfare agents.
Radiological, chemical or biological warfare agents or high level
radioactive wastes.

� 421. Solid waste disposal areas; location
No boundary of any public or private solid waste disposal area shall lie
closer than 300 feet to any classified body of surface water.
If the board shall determine that soil conditions, groundwater conditions.
topography or other conditions indicate that ally bomnllmry of any suell area
should be further than 300 feet from any elassiiedtl body of surfce v;ter, it
may, after notice to and a hearling with the affecred party, order the reloca- 20
tieo of such boundaries and the removal of ally solid wa:lste, previously depoS-

ited within the original boundaries, to the confines of the new boundaries..
Any person, corporation, municipality. or state agency establishing a solid _'
waste disposal area after September 23, 11971 mnay apply to the board for a
determination that the boumndaries of the proposed area are suitably removed
from any classified body of surface water.
Any solid waste disposal area whose boundary is closer thanl 300 feet to
any classified body of surface water shall be discontimeal in conformity with
this section prior to December 1, 1973.
Notwithstanding this section, if the Boardl of Enviroumental Protection
shall determine from an examinationl of soil conlditions, groundwater chalrac-
teristics, climatie conditions, topography, the n;ature and amount of the solid
waste and other appropriate factors, that the deposit of solid waste within an
area less than 300 feet from any classified body of surface water, will not re-
sult in an unlicensed direct or indirect discharge of pollutants to such body of
surface water,. it may, after notice and hearing, permit the deposit of solid
waste within such area, upon such terms and conditions as it deems neces-
sary. Permits issued pursuant to this section shall be for a term of not more
than 2 years but may be renewed for successive 2-year terms after reexamni-
nation pursuant to this chapter.
� 422. Repealed. 1977, c. 564, � 137, eff. July 23,1977

� 423. Discharge of waste from watercraft

No person, firm, corporation or other legal entity shall discharge, spill or
permit to be discharged sewage, garbage or other pollutants from watercraft,
as defined in Title 12, section 2061, sub.ection 17, and(l including houseboats,
into inland waters of this State, or on the ice thereof, otr on the banks there-
of in such a manner that the same may fall or be w:s.hed into such waters,
or in such manner that the drailnage therefrom may flow itto such watelrs.
Any watercraft, as definled in Title 12, section 2061, subsection 17t, including
houseboats, operated lupon the inland waters of this State and having a per-
manently installed sanitary waste disposal system shall have securely affixed
to the interior discharge opening of sucll salnitary waste disposal system a
holding tank or suitable container for holding s:anitary wvaste material so as
to prevent its discharge or drainage into the inland waters of the State.

� 424. Voluntary water quality monitors

The Commissioner of Environmental Protection may ap-
point voluntary water quality monitors to serve at the will and
pleasure of the commissioner.
Such monitors are authorized to take water samples and
tests of the waters of this State at such times and at such
places and in such manner as the commissioner shall direct and
to forward such water samples and test results to the commis-
sioner for analysis.
The commissioner is authorized to provide such monitors
with such sampling materials and equipment as he deems neces-
sary, provided that such equipment and materials shall at all
times remain the property of the State and shall be immediate-
ly returned to the commissioner upon his direction.
Such monitors shall not be construed to be employees of
this State for any purpose.
The commissioner or his representative shall conduct schools
to instruct said monitors in the methods and techniques of wa-
ter sample taking and issue to said monitors an identification
card or certificate showing their appointment and training.

� 451. Enforcement generally

After adoption of any classification by the Legislature for
surface waters or tidal flats or sections thereof, it shall be
unlawful for any person, firm, corporation, municipality,
association, partnership, quasi-municipal body, state agen-
cy or other legal entity to dispose of any pollutants, either
alone or in conjunction with another or others, in such man- 21

ner as will, after reasonable opportunity for dilution, diffu- � 451
sion.:or mixture with the receiving waters or heat transfer to
the atmosphere, lower the quality of the waters below the
minimum requirements of such classifications, or where mix-
ing zones have been established by the board, so lower the
quality of those waters outside such zones, notwithstanding
any exemptions or licenses which may have been granted or
issued under section 413 to 414-B.
The board may establish a mixing zone with respect to any
discharge at the time application for license for such discharge
is made pursuant to section 414, and when so established shall
be a condition of and form a part of the license issued. The
board may, after hearing in accordance with section 345, estab-
lish by order a mixing zone with respect to any discharge for
which a license has heretofore been issued pursuant to section
414, or for which an exemption has been granted by virtue of
section 413, subsection 2. Prior to the commencement of any
enforcement action to abate a classification violation, the board
shall establish, in the manner above provided, a mixing zone
with respect to the discharge sought to be thereby affected.

The purpose of a mixing zone is to allow a reasonable
opportunity for dilution, diffusion or mixture of pollut-
ants with the receiving waters before the receiving
waters below or surrounding a discharge will be tested
for classification violations. In determining the extent
of any mixing zone to be by it established under this
section, the board may require from the applicant
testimony concerning the nature and rate of the dis-
charge; the nature and rate of existing discharges to the
wat erway; the size of the waterway and the rate of flow
therein; any relevant seasonal, climatic, tidal and natur-
al variations in such size, flow, nature and rate; the
uses of the waterways in the vicinity of the discharge,
and such other and further evidence as in the board's
judgement will enable it to establish a reasonable
mixing zone for such discharge. An order establishing
a mixing zone may provide that the extent thereof shall
vary in order to take into account seasonal, climatic,
tidal and natural variations in the size and flow of, and
the nature and rate of, discharges to the waterway.

Where no mixing zones have been established by the board,
it shall be unlawful for any person, corporation, munici -
pality or other legal entity to dispose of any pollutants,
either alone or in conjunction with another or others, into
any classified surface waters, tidal flats or sections there-
of, in such manner as will, after reasonable opportunity
for dilution, diffusion, mixture or heat transfer to the at-
mosphere, lower the quality of any significant segment of
those waters, tidal flats or sections thereof, affected by
such disclarge, below the minimum requirements of such
classification, and notwithstanding any licenses which may
have been granted or issued under sections 413 to 414-B. 22

1. Time schedule. A municipality, sewer district, person, �4,51
firm, corporation or other legal entity shall not be deemed in vi-
olation of any classification or reclassification adopted on or aft-
er January 1, 1967, at any time or times prior to October 1,
Afilk ~~~~1976, with respect to those classifications if by such time or
times he or it with respect to any project necessary to achieve
compliance with the applicable classification shall have complet-
ed all steps required to then be completed by the schedules set
forth in this subchapter.

A. Preliminary plans and engineers' estimates shall be
completed and submitted to the board on or before October
1, 1969.

B. Arrangements for administration and financing shall be
completed on or before October I., 1971. This period, in the
case of municipalities, shall encompass all financing includ-
ing obtaining of state and federal grants.

C. Detailed engineering and final plan formulation shall be
completed on or before October -1, 1972.

D. Review of final plans with the board shall be completed
and construction commenced on or before October 1, 1973.

E. Construction shall be completed and in operation on or
before October 1, 1976.
However, a reclassification adopted on or after January 1, 1967
shall not be deemed to exempt any municipality, sewer district,
person, firm, corporation or other legal entity from complying
with the water quality standards of the last previous classifica-
tion, as such standards existed on December 31, 1966, and en-
forcement, action may be maintained for noncompliance there-
with; provided, however, that in the event that a time schedule
for compliance with the standards of such last previous classifi-
cation was in existence on December 31, 1966 and the municipal-
ity, sewer district, person, firm, corporation or other legal entity
was on that date in compliance with such time schedule, then no
such enforcement action may be maintained, nor shall any fur-
ther compliance with such time schedule be required.
After notice to and a hearing with the affected parties, the
board may issue to any municipality, sewer district, person,
firm, corporation or other legal entity, special orders directing
such operating results as are necessary to achieve any of the in-
terim goals set out in the above timetable.
Notwithstanding the foregoing timetable, if the board shall de-
termine that any municipality, sewer district, person, firm, cor-
poration or other legal entity can reasonably complete any or all
of the foregoing steps at an earlier date or dates than herein
provided, the board, after notice and hearing, may order comple-
tion of any such steps according to an accelerated schedule.
In determining any such time, or times, to be allotted under the
foregoing provision for an accelerated schedule, the board shall
consider, but not necessarily be limited to the following factors:
The availability of municipal, quasi-municipal, state, federal or
other funds, of technical and engineering advice and services, of
machinery, construction materials and manpower necessary to
construct any proposed abatement facility, and the state of the
art of pollution abatement technology.

2. Repealed. 1977, c. 300, � 26. 23

After hearing, or in the event of a failure of the alleged vio- � 451
lator to appear on the date set for a hearing, the board shall, as
soon thereafter as practicable, make findings of fact based on
the record and, if it finds that a violation exists, it shall issue an
order aimed at ending the violation.
All orders of the board shall be enforced by the Attorney
General. If any order of the board is not complied with within
the time period specified, the board shall immediately notify the
Attorney General of this fact. Within 21 days thereafter, the
Attorney General shall forthwith commence an action in the
Superior Court of any county where the violation of the board's
order has occurred.
If the board finds that the discharge of any materials into
any waters of this State constitutes a substantial and immediate
danger to the health, safety or general welfare of any person,
persons or property, they shall forthwith request the Attorney
General to initiate immediate injunction proceedings to prevent
such discharge. Said injunction proceedings may be instituted
without recourse to the issuance of an order, as provided for in
this section.

� 451 -A. Time schedule variances
1. Power to grant variances. The Board of Environmental
Protection shall grant a variance from any statutory water pol-
lution abatement time schedule to any municipality or quasi-mu-
nicipal entity, hereinafter called the "municipality," upon appli-
cation by it. The board shall grant a variance only upon a find-
ing that:
A. Federal funds for the construction of municipal waste
water treatment facilities are not available for the project;
and
B. The municipality has demonstrated that it has complet-
ed preliminary plans acceptable to the Department of Envi-
ronmental Protection for the treatment of municipal wastes
and for construction of that portion of the municipal sew-
age system intended to be served by the planned municipal
treatment plant when that plant first begins operations;
and
C. Beginning on October 1, 1976, the municipality shall
collect, from each discharger into its sewage system and
each discharger not connected to the sewage system which
has signed an approved agreement with the municipality
pursuant to subsection 2, a fee sufficient to equal their pro-
portionate share of the actual current cost of operating the
sewage system for which preliminary plans have been com-
pleted and approved pursuant to paragraph B. Actual cur-
rent costs shall include but not be limited to preliminary
plans, final design plans, site acquisition, legal fees, interest
fees, sewer system maintenance and rehabilitation and oth-
er administrative costs. A municipality may provide, when
permitted under the federal construction grant program,
that in lieu of such annual fees paid by dischargers, the mu-
nicipality may apportion an appropriate amount from gen-
eral revenues to cover that share of fees to be paid by dis-
chargers. 24

The funds collected or apportioned pursuant to this para- 45A
graph and interest collected thereon shall be invested and
expended pursuant to Title 30, chapter 241.'
Any funds paid by a discharger or discharger not connected
to the sewage system pursuant to this paragraph may be
is ~~~~~~~credited to the account of the discharger if the municipality
is subsequently reimbursed by the federal construction
grant program. The credit arrangement shall be deter-
mined by agreement between the municipality and the dis-
charger.
Variances shall be issued for a term certain not to exceed 3
years, and may be renewed, except that no variance shall run
longer than the time specified for completion of the municipal
waste treatment facility. Upon notice of the availability of fed-
eral funds, the municipality shall present to the Department of
Environmental Protection for approval an implementation
schedule for designing, constructing and placing the waste collec-
tion and treatment facilities in operation.
Variances may be conditioned upon reasonable and necessary
terms relating to appropriate interim measures to be taken by
the municipality to maintain or improve water quality.

2. Exemptions. Any person, other than a municipality,
maintaining a discharge subject to the requirements of sections
413, 414 and 414-A shall be exempt from the requirements of
section 414-A, subsection 1, paragraph D, Effluent Limitations
and Best Practicable Treatment, if, by July 1, 1976 or on the
commencement of a licensed discharge, whichever occurs later,
such discharger presents to the Department of Environmental
Protection and receives approval of a contract agreeing to con-
nect to the existing or planned municipal sewage system imme-
diately upon completion of construction and commencement of
operation of such treatment plant. Such contract must insure
that, in the case of a new discharge, such new discharge will not
cause serious water quality problems, including but not limited to
down-rading the receiving waters so as to make them unsuit-
able for currently existing uses. For the purpose of this section,
a "new discharge" is a discharge which commences or a dis-
charge which changes characteristics or increases licensed vol-
ume by more than 10%,' on or after the effective date of this
Act.
3. Failure to comply with agreement. Failure to comply
with any of the terms of an agreement approved pursuant to
subsection 2 shall immediately render such agreement null and
void and discharges included in such an agreement shall immedi-
ately cease or shall only discharge in accordance with the stan-
dards of best practicable treatment specified in section 414-A,
subsection 1, paragraph D, and all other requirements of sec-
tions 414 and 41.4-A.

4. Pretreatment systems. Where a discharger otherwise
exempted from constructing treatment facilities pursuant to this
section will be required to pretreat effluents before discharge
into the muncipal system pursuant to any requirement of state
or federal law, such pretreatment system shall be installed not
later than October 1, 1976.
5. Fees. Municipalities and quasi-municipal entities shall
assess and collect the fees to be charged pursuant to this section 25

in accordance with the provisions of chapter 11,2 and Title 30, 451 -
chapters 235 3 and 237 .

6. Power to grant variances to owners of private dwell-
ings. The Board of Environmental Protection may grant a vari-
ance from any statutory water pollution abatement time sched-
ule for a time certain terminating on or before June 1, 1977 to
the owner of a structure which:

A. Is located on any Maine coastal island not connected to
the mainland by a bridge, road or causeway;

B. Has been used as his dwelling place either year round
or seasonally prior to March 30, 1976; and

C. Is maintaining a discharge subject to the requirements
of sections 413, 414 and 414-A if the following conditions
exist and requirements are met,

(1) compliance will cause an undue economic burden;

(2) the water quality of the receiving waters will not
be seriously impaired;

(3) the discharge will not differ in kind or be greater
in quantity from that which occurred prior to March 30,
1976, on a year round basis or seasonally;

(4) the applicant presents to the department and re-
ceives approval of a written contract for installation of
an alternate system providing best practicable treat-
ment; and

(5) the approved system in subparagraph (4) shall be
completed and operating prior to June 1, 1977.
An application for a variance under this subsection must be sub-
mitted prior to September 1, 1976. No applicant for a variance
under this subsection shall be in violation of any time schedule
during the period following application and prior to the Board
of Environmental Protection's final action on the application.

7. Power to grant variances to owners of a single family
dwelling. The Board of Environmental Protection may grant a
variance for a time certain from any statutory water pollution
abatement time schedule upon receipt of an application from the
owner of a single family dwelling which:

A. Has been used as his dwelling place year round prior to
October 1, 1977;
D. Is maintaining a discharge subject to the requirements
of sections 413, 414 and 414-A and if the following condi-
tions exist and requirements are met:
(1) The discharge, in the opinion of the Board of Envi-
ronmental Protection, is not creating a significant dan-
ger to the public health, safety and welfare;

(2) The discharge will not differ in kind or be greater
in quantity from that which existed prior to October 1,
1977;
(3) The owner of the single family dwelling has a valid
waste discharge license;

(4) The owner of the single family dwelling has ob- 2
tained a certificate of eligibility from a local, county, 2

regional, state or federal agency stating that the appli- 451 -A
cant is eligible for an existing. program of financial as-
sistance where eligibility is based on income and assets;
and
(5) The applicant agrees to seek funds from public
agencies or private lending institutions to install an ap-
proved wastewater disposal system; and
C. Variances shall be issued for a term certain not to ex-
ceed 3 years and may be renewed, except that no variances
shall run beyond July 1, 1985. Upon notice of the availabil-
ity of funds, the licensee shall present to the Department of
Environmental Protection for approval an implementation
schedule for construction of the required treatment facili-
ties.
Variances may be conditioned upon reasonable and neces-
sary terms relating to appropriate interim measures to be
taken by the licensee to obtain adequate funding for the re-
quired system.

� 451 -B. variances
The Board of Environmental Protection may grant a vari-
ance from any statutory water pollution time schedule to any
industrial licensee, upon application by any industrial licensee, if
the board finds that:
1. Seventy-five percent completion of treatment facility.
Actual construction of an approved industrial project deemed
necessary in achieving statutory water quality classifications
0 ~ ~~~~~~and regulatory requirement is at least 75%;I completed.
An approved project shall include but not be limited to a new
manufacturing facility which will replace the source of the li-
censee's existing discharge;
2. Contractual and financial commitments. Contractual
and financial commitments to complete the approved project
have been made; and
S. Cause for the failure. The cause for the failure to have
completed the approved project in time to meet the statutory
time schedule is not directly attributable to the licensee and
shall include but not be limited to acts of God, labor disputes,
failure of 3rd parties to deliver ordered construction materials,
equipment or services on time.
Variances shall be issued for a term certain, not to extend
past July 1, 1977, and the board shall modify any existing li-
cense to make it consistent with this variance.

� 452. Forms filed; right of entry; furnishing information
Persons, firms, corporations, quasi-municipal corporations,
municipalities, state agencies and other legal entities shall file
with the board such information relative to their present meth-
od of collection, disposal, composition and volume of all wastes
discharged by them into any waters of the State, in such man-
ner and on such forms as the board may by regulation prescribe,
within 30 days of receipt of such forms.
27

06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter sci Fee Schedule-Bureau of Water Quality Control

SUMMARY: These Rules establish the fees to be
assessed for waste discharge licenses and log storage
permits and when such fees are due for payment. In
addition certain classes of licensees are declared
exempt from the payment of fees.

Licenses for Wastewater Dischargers - MRSA, Title 38, Section 414
and 543.

Waste discharge licenses not exempted by Section 9 of these
regulations shall be assessed a fee according to the following schedule:

A. Contaminated Wastewater

A licensed discharge of wastewater containing pollutants other than
heat shall be subject to an annual fee calculated according to the
following formula:

Annual Fee = average GPD x $500.00
1,000,000 GPD

B. Cooling Water

A licensed discharge of cooling water uncontaminated except for
heat shall be subject to an annual fee calculated according to the
following formula:

Annual Fee average GPD x $500.00
10,000,000 GPD

C. Treated Stormwater

A licensed discharge of treated stormwater shall be subject to an
annual fee of $25.00.

D. Licenses encompassing more than one category of discharge

For those licenses including more than one category such as for
cooling water plus sanitary wastewater plus industrial wastewater
plus treated stormwater, etc., the total fee shall be the sum of
the fees for the individual categories as outlined in these regula-
tions except that no annual fee shall exceed $500.00.

E. Miscellaneous

Wastewater discharge licenses that do not fall into the categories
described in Section 1(a), (b), (c) or (d) shall be assessed a
fee according to one of the following three methods:

1. The Staff may, after consultation with the applicant,
recommend to the Board and the Board, may adopt the staff
recommendation, a category that best describes the licensed
activity;

2. The Staff may recommend to the Board, and the Board may
adopt the staff reconmmendation, that no fee be assessed;

3. The licensed discharge may be assessed an annual fee
of $25.00.
F. Minimum Fee

Except as provided by Section le or 9 the minimum annual
fee assessed a waste discharge license pursuant to these regula-
tions shall be $25.00.

G. Maximum Fee

The maximum annual fee assessed a waste discharge license
pursuant to these regulations shall be $500.00.

4. Log Storage Permits - MRSA, Title 38, Section 418

A. A log storage permit for one (1) acre or less shall be subject
to an annual fee of $25.00.

B. A log storage permit for more than one (1) acre shall be subject
to an annual fee according to the following formula:

Annual Fee = $25.00 + (acres of storage - 1) x $10.00.

C. The annual fee assessed a log storage permit shall not exceed
$500.00.

5.. Payment Due

A. Licenses issued on or after May 20, 1977

No license, permit, or approval order for which any fee is
required pursuant to these regulations shall be effective until
payment of that fee is made. All fees shall be paid in advance
for the period of the license.

B. Licenses issued prior to May 20, 1977.

1. Licenses, permits, or approval orders issued prior to May
20, 1977 and requiring annual payment of fees shall con-
tinue to have fees assessed on an annual basis until expir-
ation.

2. The annual fee shall be due and payable no later than the
anniversary date of the license, permit or approval order as
indicated above.

3. Failure to remit the proper annual fee prior to the due date
will require a late payment fee of $25.00 plus the applicable
fee. Failure to pay the proper annual fee plus late payment
fee within 60 days of the due date will result in voiding of
the license, permit or approval order.

6. Wastewater Treatment Plant Operator Certificates - MRSA, Title 32,
Section 4175, 4176, 4177.

A. Applicants for Wastewater Treatment Plant Operator Certificates
shall be subject to the following fee schedule.

Initial Certification with examination $10.00
Initial Certification without examination $10.00
Re-examination $ 5..00
Reinstatement of Certificate $ 5.00
Annual Renewal Fee $ 3.00

B. Certificates will be valid continously with payment of the
annual renewal fee on or before January first each year, unless
otherwise revoked as provided by Title 32, MRSA �4175.

9. Exemptions to Section 1.

The following entities are exempted from fees required by Section
of these regulations:

A. Municipalities.

B. Quasi-municipal corporations.

C. Private educational institutions formally recognized by the
Department of Education and Cultural Services.

D. Non-profit health institutions licensed by the Department of
Health and Welfare.

E. Public educational institutions.

F. Sanitary wastewater treatment plants serving one (1) or more
single family homes and licensed to discharge less than 2500
gallons per day.

G. State agencies or Federal agencies.

H. Licensed non-industrial discharges for which there is a
valid Time Schedule Waiver for municipal tie-in pursuant
to MRSA Title 38 � 451-A.

For the purpose of these- regulations an industrial discharge shall
mean any discharge containing pollutants as a result of an industrial or
manufacturing process.

After public notice and public hearing November 21, 1977 the above regula-
tion is hereby adopted this 21st day of December, 1977.

BASIS STATEMENT: The fees established by these Rules are intended to
partially offset the costs for the administration of the licensing/permit
program and the necessary inspection and monitoring services.

AUTHORITY: 38 MRSA, Section 361

EFFECTIVE DATE: October 3, 1974
Amended Date: May 20, 1977
February 8, 1978

06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter 515 EXEMPTION FROM WASTE DISCHARGE LICENSING REQUIREMENTS FOR
HOLDERS OF PESTICIDE PERMITS

SUMMARY- These Rules exempt restocking activities by the
Department of Inland Fish and Wildlife and certain treatment
of public water supplies from the necessity of obtaining a
waste discharge license provided a valid pesticides permit
has been issued by the Pesticides Control Board.

1. Exempt Activities

In accordance with Title 38 M.R.S.A. Section 413, subsection 2A, the
Board of Environmental Protection finds that the following categories
of pesticides activities will have no significant adverse effect on the
quality of the waters of the State.

A. Reclamation of lakes and ponds for restocking purposes by the
Department of Inland Fish and Wildlife.

B. Copper sulfate or copper sulfate compound application for treat-
ment of public water supplies where those waters are closed to
swimming and fishing.

After public notice and public hearing November 21, 1977, the above
regulation is hereby adopted this 21st day of December, 1977.

BASIS STATEMENT: These Rules are intended to avoid duplicate review
of certain activities by the Board of Environmental Protection and
the Board of Pesticides Control. The exempt activities have been
determined to have no significant adverse effect on water quality.

AUTHORITY: 38 M.R.S.A. Section 413

EFFECTIVE DATE: February 8, 1978

06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter 517 CERTIFICATION OF PERSONS SERVICING AND REPAIRING SANITARY
WASTE TREATMENT FACILITIES

SUMMARY: These rules establish the procedures by which
persons may demonstrate the ability and knowledge necessary
to service small (less than 3000 gallons per day) mechanical
sanitary waste treatment facilities and obtain a certificate
attesting to that ability and knowledge.

1. 3000 Gallons Per Day or Less

Any individual wishing to engage in the business of servicing and re-
pairing small "Home-Type" mechanical sanitary waste treatment facilities with
capacities up to 3000 gallons per day must be certified by the Department of
Environmental Protection.

2. More than 3000 Gallons Per Day

Individuals wishing to service wastewater treatment units of a capacity
greater than 3000 gallons per day must hold a valid wastewater treatment
plant operators certificate of the appropriate grade.

3. Certification Procedures

All applicants for certification shall satisfactorily demonstrate to
the Department of Environmental Protection the applicants knowledge of pack-
age treatment plant operation. Such demonstrations shall include the appli-
cant's education and experience as well as a written examination prepared by
the Department.

Any applicant who fails to pass the written examination or who for any
other reason is denied certification may reapply at any time. Examination
will be administered at least twice annually.

Letters of certification will be issued to successful applicants.
Certification shall not in any way warrant or guarantee any work performed
by the persons certified.

Certification may be revoked, modified or suspended in accordance with
Section 451 Paragraph 2 of Title 38 M.R.S.A.

4. Exemption

Individuals holding Class IT or above municipal treatment plant oper-
ator's licenses are exempt from this regulation and may service plants of
less than 3000 gallons per day as long as they continue to hold a valid mun-
icipal treatment plant operator's license.

S. Effective Date

This regulation shall be effective upon the date of filing with the
Secretary of State.

BASIS STATEMENT: These rules are intended to provide
small treatment plant owner with some assurance that
persons claiming to be able to service and repair small
treatment plants have demonstrated that ability through
a testing program.

AUTHORITY: 38 MRSA, Section 361

EFFECTIVE DATE: August 3, 1976

06-096 DEPARTMiENT OF'ENVIRONMENTAL PROTECTION

Chapter 531 REGULATIONS FOR WASTEWATER OPERATOR CERTIFICATION PROGRAM

SUMMARY: These Rules establish the criteria that a
person must meet in order to be certified as an operator
of a wastewater treatment plant. Treatment plants are
classified 1-5 according to population equivalents and
type of treatment. Certification for each operator
grade 1-5 is based on education and experience. There
are provisions for substituting education for experience
as well as certain work experiences for actual treatment
plant experience.

1. General Conditions

A. Persons who are operators of wastewater treatment plants which
require certified operators under the provisions of Title 32 MRSA,
Chapter 62, are subject to these regulations.

B. Graduates of the New England Regional Wastewater Institute at
Southern Maine Vocational Technical Institute, South Portland, Maine; the
Environmental Technology Course at Eastern Maine Vocational Technical
Institute, Bangor, Maine, or other-equivalent programs will be eligible,
upon graduation, for Grade III or lower examination and certification.
Such certification shall be provisional pending successful completion of
one year of work experience in a Grade II or higher treatment facility
under the direct supervision of a fully certified operator.

C. Violations of Title 32, MRSA Chapter 62, by operators who are
registered professional engineers will be reported to the State of Maine
Engineers Board of Registration.

0. The wastewater treatment plant operator's certificate issued by the
Department of Environmental Protection will be displayed in a prominent
location at the operator's place of work.

E. All wastewater treatment plant operators, except those qualifying
under Title 32, MRSA, Section 4177, certified by the Department of Environ-
mental Protection shall be qualified to operate a plant grade equal to or
lower than the certificate grade. Operators qualified under Section 4177
are only permitted to operate the plant in which they were employed at the
time the certificate was issued.

2. Certificate Procedure

A. All candidates for a wastewater treatment plant operator's certifi-
cate must complete an application as furnished by the Department of Environ-
mental Protection. The application, with appropriate fee, should be for-
warded to the Department office in Augusta, Maine.

B. Applicants having the necessary qualifications, as set forth in
Section 4, for initial certification with examination or for upgrading
present classification, will be notified of the scheduled time and place
of examination. Applicants not possessing the necessary qualifications in
the grade applied for will be allowed to reapply for such lower grade as
their education and experience qualify them. Applicants may be examined
up to three months prior to being fully qualified for the desired grade.

3. Work experience in a related field includes plant operation, pilot
studies, design, planning, construction, related laboratory work, etc. with
the type treatment process applied for.

4. See Section 4 B of explanations of evaluations of related education.

S. Grade I Operator

Applicants for this grade must submit satisfactory evidence of
graduation from high school or at least two years experience operating
a wastewater treatment plant.

6. Grade II Operator

(A) Applicants for this grade must submit satisfactory evidence
of at least four years experience in a wastewater treatment plant.
Education may be substituted for no more than three years of experience;
or
(B) Submit satisfactory evidence of three years of related educa-
tion and one year of related work experience.

7. Grade III Operator

(C) Applicants for this grade must submit satisfactory evidence
of at least five years experience in a wastewater treatment plant. Educa-
tion may be substituted for no more than three years of experience; or
.(D) Submit satisfactory evidence of at least three years of re-
lated education and two years of related work experience.

8. Grade IV Operator

(A) Applicants for this grade must submit satisfactory evidence
of at least six years experience in a wastewater treatment pl'ant, three
years of which must have been as operator of a Grade II or higher plant.
Education may be substituted for no more than three years experience; or

(B) Submit satisfactory evidence of at least four years of
related education and two years of related work experience.

9. Grade V Operator

(A) Applicants for this grade must submit satisfactory evidence
of at least eight years experience in a wastewater treatment plant, four
years of which must have been as operator of a Grade III or higher plant.
Education may be submitted for no more than four years experience; or

(B) Submit satisfactory evidence of at least five years related
education and three years of related work experience.

4. Operator Qualifications

A. Five grades of operators are hereby established to parallel the
previously described classification of wastewater treatment plants. Grade I
certified operators- shall be considered to be qualified to supervise the
Operation of Grade I plants: Grade 1I certified operators shall be con-
sidered as qualified to supervise the operation of Grade 1I plants, etc.

B. Each applicant shall satisfy the experience requirements for the
grade of certification requested. Education may be substituted for
experience as set forth below. Educational substitutions will be based on
the following:

1. High school education is credited for two years of experience.
2. Post high school education in approved areas of engineering,
science and/or related fields, 30 semester hours, or equivalent, equal I year.
3. Specialized training courses will be evaluated on the basis of
training credits; six classroom hours of approved courses equal one credit,
45 credits equal one year. Examples: 36 hour course = 6 credits;
Sacramento Course =30 credits; ICS Operator Course = 45 credits.

4. All experience and/or education submitted in support of applica-
tions which is not specified in this section shall be evaluated on an
individual basis.

C. Qualifying examinations are required of all applicants for certifi-
cation. Persons holding valid certificates in other states may be certified
to an equal grade level without examination, providing all other require-
ments are met.

0. Certificates will be issued attesting to the holder's ability to
operate one of two general types of treatment systems:

B = systems utilizing biological means of treatment
P/C = systems utilizing physical and/or chemical means
of treatment

Certificates authorize the holder to operate only that type system
for which the certificate was issued.

General Requirements and Definitions:

1. Applicants for all certificates must pass an examination for
that grade.

2. Work experience in a treatment plant is defined as that gained
in actual performance of important operating functions within any waste-
water treatment facility.

E. In addition to satisfying the minimum requirements for operating
plants of the appropriate grade level, operators of advanced treatment plants
must demonstrate by examination special knowledge of advanced wastewater
treatment. Applicants passing such examinations will be awarded certificates
so indicating.

S. Applicability of Certificates

All certificates issued prior to the effective date of these regulations
shall authorize the holder to operate biological treatment-systems of the
Grade indicated on the certificate or lower..

Exemptions

Persons holding Provisional Certificates who, on the effective date of
those regulations, are operating a wastewater treatment facility but are
not under the supervision of a fully certified operator are exempted from
that requirement as stated in Section 2.

Effective Date0

These regulations shall be effective upon the date of filing with the
Secretary of State and shall supercede all previous-regulations adopted by
the Board dealing expressly with the certification of wastewater-treatment
plant operators.

After public notice and public hearing November 21, 1977 the above regula-
tion is hereby adopted this 21st day of December, 1977.

BASIS STATEMENT: A wastewater treatment plant in order
to function properly must be operated by a person with
knowledge and experience. These Rules establish the
qualifications for persons considered qualified to
supervise the operation of wastewater treatment plants
in order that the plant will function in a manner that
will prevent nuisance conditions or unlawful discharge and
protect the public health, safety and welfare.

AUTHORITY: 33 M.R.S.A. Section 4179
38 M.R.S.A. Section 361

EFFECTIVE DATE: March 28, 1975
Amended Date: May 20, 1977
February 8, 1978

06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter 541 REGULATIONS DEFINING BEST PRACTICABLE TREATMENT FOR
DISCHARGES FROM SINGLE FAMILY HOMES

SUMMARY: These Rules apply to all discharges from
single family homes. Sub-surface disposal and a
determination that it is impractical is a prerequisite
to Board consideration of an application. Best
practicable treatment is defined as a sand filter or if
a sandfilter is not feasible a package treatment plant
may be substituted. Minimum effluent standards are
listed as well as provisions for exception to these
standards if an applicant can show cause.

1. Applicability

This regulation shall apply to all licensed discharges from single
family homes.

2. Sub-Surface Disposal

No application for a sanitary wastewater discharge from a single family
residence or a group of single family residences shall be considered by the
Board of Environmental Protection until the applicant has shown that sub-
surface disposal is not possible.

3. Best Practicable Treatment

A. Best practicable treatment for sanitary discharges to the waters of
the state from single family residences, or groups of such residences shall
be defined as a sandfilter system designed and constructed in accordance with
good engineering practice or a treatment system approved in accordance with
Section 5 of this regulation.

B. Where an applicant demonstrates that a sandfilter system is not
economically or technically feasible in the applicant's particular circum-
stances, the Department may permit the applicant to install a package treat-
ment plant or other waste treatment system in lieu of a sandfilter where such
system has the approval of the Department of Environmental Protection.

4. Effluent Quality - Minimum

All discharges licensed pursuant to this regulation shall meet at least
the following levels of quality:

A. Discharges to fresh water other than lakes, ponds, and tributaries
thereof shall have an effluent whose content shall not exceed a 30 day aver-
age concentration of 15 mg/1l of B.O.D. 5 and suspended solids or a maximum
concentration of 20 mg/l of B.O.D. 5 and suspended solids.

B. Discharges to tidewaters of the state shall be an effluent whose
content shall not exceed a 30-day average concentration of 30 mg/l of
B.O.D. 5 and suspended solids and maximum concentration of 60 mg/l of
B.O.D. 5 and suspended solids.

(B.O.D.) means bio-chemical oxygen demand (5 day)

C. In addition, disinfection shall be required of all treated dis-
charges unless exception is authorized by the Board.

5. Treatment System Approval

A. A treatment system other than a sandfilter may be approved as
meeting the best practicable treatment standard where it satisfactory com-
pletes tests lasting a period of at least 6 months in actual use on single
family residences which tests demonstrate that the quality of effluent pro-
duced by such system meets or exceeds the quality of effluent produced by
properly designed and maintained sandfilters. The test must be performed
on units approved by the Department of Environmental Protection and located
in the State of Maine. Testing and sampling methods shall be as determined
by the Department of Environmental Protection and shall include a reasonable
mix of units subject to full-time use and units subject to intermittent use.

B. Approval pursuant to this section (5) may be revoked at any time
that the Department of Environmental Protection determines that a represent-
ative sample of approved units 'is not meeting the performance standards upon
which the approval was based..

6. National Sanitation Foundation Certification

The Board of Environmental Protection shall consider for licensing
only those mechanical or "package" treatment units that have received certi-
fication from the National Sanitation, Foundation or equivalent. Those units
receiving a Class II Certification shall be considered for discharge into
tidewaters only. Units to be considered for other than tidewater discharges
must have received a Class I Certification.

Class I and Class 11 Certifications shall be as defined by the Nation-
al Sanitation Foundation, Ann Harbor, Michigan.

7. Less Stringent Effluent Quality

The Commissioner may authorize a waste discharge effluent quality less
stringent than the requirements of Section 4 whenever he finds that:

A. because of physical and natural conditions of the installation
site a treatment system designed to achieve the effluent quality of Section
4 cannot be reasonably installed;

B. maintenance of such limits are not necessary to protectorganisms
in the receiving water from substantial adverse effects; and

C. the proposed discharge will assure the protection and propagation
of a balanced and indigenous population of fish, shellfish and wildlife in
and on the receiving body of water.

After public notice and public hearing November 21, 1977 the above regulation
is hereby adopted this 21st day of December, 1977.

BASIS STATEMENT: These Rules are intended to guide the
owners of single family homes, who discharge to the
waters of the state, in the selection of a wastewater
treatment system that will abate existing pollution,
prevent an unlawful discharge and protect the public
health, safety or welfare.

AUTHORITY: 38 M.R.S.A. Section 414

EFFECTIVE DATE: October 30, 1975
Amended Date: February 8, 1978

06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter 550 DISCONTINUANCE OF WASTEWATER TREATMENT LAGOONS

SUMMARY: These Rules define the term wastewater
treatment lagoon and outline the procedures by
which this type of lagoon maybe discontinued
either temporarily or permanently.

1. Definitions

A. Was tewater Treatment Lagoons: Wastewater treatment lagoons means
a lagoon, basin or pond consisting of a relatively shallow body of water con-
tained in an earthern basin, lined or unlined, or controlled shape designed
for the purpose of storing and/or treating wastewater.

B. Permanent Discontinuance: Permanent discontinuance means the
cessation of depositing wastewater into lagoons for more than ninety (90)
days.

C. Temporary Discontinuance: Temporary discontinuance means the
cessation of depositing wastewater into lagoons for ninety (90) or less days.

2. Notice of Discontinuance

Any person who discontinues the use of a lagoon shall give notice to
the Commissioner, in writing, no later than fifteen (15) days after waste-
waters have ceased to enter the lagoon.

3. Reclamation Plan

The notices of discontinuance shall be accompanied by a reclamation
plan and/or maintenance plan satisfactory to the Commissioner. The method of
sludge disposal and the selection of a sludge disposal area shall be in
accordance with applicable State laws and regulations.0

4. Permanent Abandonment

Any person who intends to permanently discontinue the use of a lagoon
shall follow the following minimum procedures:.

A. The contents of the lagoon shall be diluted by uncontaminated
water until the effluent parameters within the lagoon are equal to or less
than the final discharge parameters.

B. The discharge at the time of dilution shall be consistent with the
terms of the discharge license.

C. When the contents of the lagoons are equal to or less than the
final discharge parameters the lagoon area shall be emptied at a rate con-
sistent with the receiving waters classification requirements.

D. When the liquid in the lagoon has been completely discharged and/
or evaporated the sludge in the lagoon shall be (1) removed, or (2) if
appropriate used as a soil conditioner.

E. Within fifteen (15) days of removal of the sludge or preparing
the soil/sludge mixture the lagoon area shall be graded and seeded with a
perennial type plant growth that will prevent erosion and leaching of con-
taminants into surface and ground waters.

F. If any any time during the dewatering, sludge removal, soil-sludge
mixture, and/or seeding, process water is added to the lagoon area by natural
or artificial means the dewatering process shall be repeated in accordance
with these regulations.

5. Temporary Discontinuance

Any person who intends to temporarily discontinue a lagoon shall
follow the following minimum procedures:

A. The contents of the lagoon shall be maintained in an aerobic
condition.

B. Solids of any type inconsistent with the terms of the discharge
license shall not be allowed to be discharged in the final effluent.

C. The lagoon area may only be emptied in accordance with (1) the
terms of the discharge license, or (2) any reasonable terms the Board of
Environmental Protection may require of the dischargee.

6. Exemption

The Commissioner may upon written request exempt any seasonal lagoon
area from regulation Number .4. The Commissioner in granting a seasonal
exemption shall specify the maintenance procedures to be followed while the
lagoon area is not receiving wastewaters.

After public notice and public hearing November 21, 1977 the above regulation
is hereby adopted this 21st Day of December, 1977.

BASIS STATEMENT: These Rules provide for the protection
of water quality whenever it becomes necessary to discharge
the contents of a lagoon to a body of water when in the
process of discontinuing the use of a lagoon as a treatment
process.

AUTHORITY: 38 M.R.S.A. Section 361

EFFECTIVE DATE: December 27, 1974
Amended Date: February 8, 1978

06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter 555 STANDARDS FOR THE ADDITION OF SEPTAGE AND FLUID
HAZARDOUS WASTE TO MUNICIPAL WASTEWATER TREATMENT
FACILITIES

SUXNARY: The regulations require each waste water
treatment facility owner wishing to receive septage
or fluid hazardous waste to submit an application for
approval by the Board of Environmental Protection.
Approval will coincide with the term of the discharge
license and will be given only to those facilities
where the addition of septage would not cause violation
of design parameters, discharge license limits, or have
an adverse effect on sludge handling practices.

Some of the requirements for approval are controlled
access, posted hours of operation, volume control,
record keeping, testing for BOD, suspended solids, and
possibly toxic substances.

1. Scope

These regulations apply to the disposal of septic tank, cesspool
wastes or fluid hazardous wastes in wastewater treatment facilities,
regulated by 38 M.R.S.A. Sections 1320-1322. They are promulgated under
the authority of 38 M.R.S.A. section 343.

2. Purpose

These regulations are to assure that the disposal of septic tank
waste in wastewater treatment plants is conducted in a safe, efficient
manner which protects the physical facilities and assures proper operation
and effluent quality.

3. Definition

A. "Septage" shall mean fluid or solid materials removed from a
septic tank, holding tank or cesspool.

B. "Wastewater Treatment Facility" shall mean the facility or group
of units provided for the treatment of wastewater. For the purposes of
these regulations, collector sewers, interceptor sewers and pumping stations
serving as wastewater treatment facility shall be considered part of that
facility.

C. "Septage Receiving Facilities" shall mean the point(s) at
which the transfer of septage from conveyance vehicles to wastewater
treatment facilities takes place.

D. "Fluid hazardous waste" is defined in � 1321 to mean wastes
containing sufficient liquid content to be free flowing and which contain
or are composed of any element, substance or material designated by the
Board of Environmental Protection, after opportunity for public hearing,'
as being a hazard to the public health, safety or welfare.

4. Prohibition

Disposal of septic tank, cesspool waste or fluid hazardous waste
in wastewater treatment facilities is prohibited unless approved by the
Board of Environmental Protection.

5. Application

The owner of any wastewater treatment facility wishing to receive
septage or fluid hazardous waste for disposal at that facility must apply
for approval from the Board of Environmental Protection on forms provided
by the Department of Environmental Protection.

6. Minimum Information Required for Approval

A. Type and size of treatment facility;

B. Nature and volume of septage (or fluid hazardous wastes);

C. Methods for treatment and handling of septage;

D. Point(s) of addition to the treatment process;

E. Present operating condition and design of the treatment facility;

F. Discharge license conditions;

G. Septage receiving facilities design;

H. Septage measuring devices;

I. Anticipated impact on sludge disposal practices;

J. Hours of septage disposal operation (and any possible seasonal
scheduling).

7. Term of Approval

Approval granted for disposal of septage in wastewater treatment
facilities-is subject to renewal and modification at the same time as
the Waste Discharge License Certificate is considered for renewal.

8. Criteria for Approval

A. Septage may be received for disposal only by wastewater
treatment facilities which are found to be in compliance, both before and
after the addition of septage, with all terms and limitations of the Waste
Discharge License Certificate issued by the Board of Environmental
Protection.

B. Septage receiving facilities shall be designed to permit access only
under the direct control and supervision of the person in responsible charge
of the wastewater treatment facility or his designated representative.

C. Septage receiving facilities shall be available to the users during
specified hours. Notice of the location, hours of operation, changes, and
rules for use as the owner may see fit shall be posted at the septage
receiving site.

D. Septage disposal at the wastewater treatment facility shall not
have any adverse impact on the sludge disposal practices of the wastewater
treatment facility.

9. Septage Characteristics

A. Volume - The average daily volume of septage received by a waste-
water treatment facility shall not exceed 1% of the average daily design
flow for that facility. In no case shall the quantity of concentration
of septage received cause any design parameter of that wastewater treatment
facility to be exceeded.

B. Toxic Materials - Septic wastes which are harmful to the treatment.
processes shall not be accepted. Wastes which contain heavy metals, toxic
chemicals, extreme pit, flammable or corrosive materials in concentrations
harmful to the treatment operation shall be refused.

10. Records

Each wastewater treatment facility which accepts septage shall maintain
appropriate records of septage received and treated. These records shall
include, as a minimum, the following by date.

A. Volume of wastes received;

B. The source of the wastes (name of municipality);

C. The hauler transporting the wastes;

D. The dates and volumes of septage added to the waste treatment
stream; and

E. Test results as required by this regulation.

All records pertaining to septage disposal in a wastewater treatment
facility shall be maintained by that facility for a minimum of three years.

11. Testing

Periodically each wastewater treatment facility shall conduct
laboratory testing, using approved methods, to determine the strength and
impact of septage received. For all testing, samples shall be selected
to be representative of average or normal conditions:

A. Once per year for each 100,000 gallons or part thereof of septage
received, samples of both raw septage and that which is fed into the
treatment plant shall be analyzed for BOD5 and total suspended solids; and

B. Upon finding of just cause, the Department of Environmental
Protection may require additional testing to be conducted.

12. Effective Date

These regulations shall be effective upon filing with the Office
of the Secretary of State.

After public notice and public hearing September 28, 1978 the above
regulation is adopted this 25th day of October 1978.

BASIS STATEMENT: Regulation of the addition of septage
to treatment facilities is necessary to insure protect-
ing both the treatment process and the integrity of
the discharge. When septage is added to a treatment
facility with little control of dumping or inadequate
handling capability, such a discharge has caused major
upsets in the treatment process. The addition of
septage stresses sludge handling capability causing
high operation and maintenance cost.

AUTHORITY: 38 M.R.S.A. Section 343.

EFFECTIVE DATE:

06-096 DEPARTMENT OF ENVTRONMENTAL PROTECTION

Chapter 560 REGULATIONS CONCERNING TREATMENT REQUIREMENTS FOR THE
SARDINE PROCESSING INDUISTRY

SUMAARY: This rule describes pretreatment requirements for
the wastewaters of sardine canneries connected to municipal
waste treatment systems and treatment requirements for
wastewaters of canneries not connected to municipal systems.
It specifies the acceptable levels of treatment for each
category of effluent from the cannery.

1. Definition

A. A sardine cannery is a facility engaged in processing and storing
herring for subsequent cooking and canning either at the facility or for
canning elsewhere. Depending upon the size of the fish, the final product
may be conventional canned sardines or fish steaks, etc.

2. Treatment Requirement:

A. The cannery shall be connected into an available municipal sewer
system.

B. Exception. A cannery which plans to connect to a municipal system
may be eligible for a variance to 2. (A) under M.R.S.A. 38 Section 451-A.

3. Pretreatment of Process Waste Connected to a Municipal System:

A. Pretreatment of the steam box waste water shall be in compliance
with the applicable sewer ordinance and consist of a minimum of gravity
oil separation in an oil separator device for which plans have been approved
by the Department of Environmental Protection.

B. Discharges subject to State Licensing and Federal Permit and minimum
treatment requirements include:

1. Direct discharge of retort water without treatment.

2. Flume and fish pump water after adequate screening in a screen-
ing device with an efficiency equivalent of that obtained with
a Number 30 Standard Sieve.

3. Any other discharge containing pollutants as defined in Title 38,
Section 361-A not connected to a municipal treatment system,
shall meet Best Practicable Treatment requirements as defined in
Section 414-A (D) of Title 38 MRSA.

4. Canneries Not Connected to a Municipal System or Eligible for Exemption

2. (B) shall. be subject to requirements in State discharge license and.
federal permit. Discharges subject to licensing and minimum treatment re-
quirements include:

A. Direct discharge of retort water without treatment.

B. Waste water from, but not limited. to, flumes, fish pump, conveyors,
floor drains and can-wash shall be screened in a screening device with an
efficiency equivalent to that obtained. with a Number 30 Standard Sieve.

C.. Sanitary waste water shall receive the equivalent of secondary
treatment with disinfection.

D. All oil bearing waste of non-petrol~euiflorigin, such as, but not
limited. to, the steam box waste, shall receive treatment in an efficiently
operated gravity oil separator of a design approved by this Department, and.
shall then be subjected to the screening process.

E. Any other discharges containing pollutants as defined. in Title 38,
Section 361-A shall provide the Best Practicable Treatment Requirements as
defined in Section ~4l.4-A (D) of Title 38 M4RSA.

5. Additional Treatment:

If local problems occur, or the present or the future classification of
the receiving water is violated by the discharge after treatment required. by
these regulations, the Board of Environmental Protection may order the affec-
ted plant to provide additional treatment beyond that specified. in this
regulation.

6. Effective Date

These regulations shall be effective upon the date of filing with the
Secretary of State and shall replace and supersede regulations effective
August 6, 1976.

After public notice and public hearing November-21, 1977, the above
regulation is hereby adopted this 21st day of December, 1977.

BASIS STATEMENT: The sardine processing industry, although
of major importance to Maine, is of minor importance when
considered nationwide. For that reason, Federal guidelines
outlining specific levels of waste treatment were not
published and it was difficult to issue state and federal
permits. This section is necessary as a basis for State
licensing and treatment requirements until more specific
Federal Guidelines exist.

*" I p.' * . u r * 'b~il ?' a' "''' a!a'.ll''''''''''lla alalaf?161n!''!ai''!!!!P!!'!!Hlr^,,!ama a1!a'a''!'!a!

AUTHORITY: 38 M.R.S.A. Section 361

EFFECTIVE DATE: August 6, 1976

AMENDED DATE: February 8, 1978

06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter 570 STORMWATER AND COMBINED SEWER OVERFLOWS

SUMMARY: This rule allows discharges from the overflows
of combined municipal sewers to meet "Best Practicable
Treatment" requirements by developing an approved abatement
plan.

1. Stormwater and Combined Sewer Overflow Discharges

For discharges from overflows from combined municipal storm and sanitary
sewer systems, the requirement of "Best Practicable Treatment" specified in
38 MRSA, Section 414 A-1 D may be met by an agreement by the discharger, as
a condition of its license, to develop a plan within a time limit specified
by the Board. The plan shall: (1) identify and locate the above discharges,
(2) determine the frequency,. extent and the cause of said discharges, includ-
ing points of inflow into combined systems. (3) determine the effect of these
discharges on the receiving water quality classification, (4) identify
actions which may be taken to treat or abate the discharges provided, how-
ever, that where the Board determines that applicable water quality standards
may be violated by any discharge from a combined storm and sanitary system,
the Board may order such treatment as it deems necessary to avoid violation
of applicable water quality standards.

2. Effective Date

These rules shall be effective upon filing with the Office of the
Secretary of State.

After public notice and public hearing November 21, 1977, the above
regulation is hereby adopted this 21st Day of December, 1977.

BASIS STATEMENT: To allow municipalities with combined
sewer overflows.the time to develop and implement a plan
to treat or abate those discharges, in a reasonable and
orderly manner.

AUTHORITY: 38 M.R.S.A., Section 361

EFFECTIVE DATE: March 14, 1975

AMENDED DATE: February 8, 1978

06-096 DEPARTMENT Of ENVIRONMENTAL PROTECTION.

Chapter 571 REGULATIONS FOR ADMINISTERING VARIANCES TO MUNICIPAL
AND PRIVATE DISCHARGES PURSUANT TO 38 M.R.S.A., Section
431-A.

SUMMARY: These rules describe the procedures to be
followed by the department and applicants when a
person seeks a variance from statutory time schedules.

1. Purpose

These regulations are to govern administration by Department of
Environmental Protection of the provisions of 38 MRSA, I 451-A, relating
to granting of variances from statutory waste treatment requirements of
municipalities and private dischargers.

2. Definitions

A. A "comprehensive engineering study" shall mean a study by the
municipality which, using proper engineering skills, identifies: those
areas served or to be served by sewers, the routes which the sewers are
proposed to follow, and facilities (pump stations, etc.) needed for a
viable sewer system, all commercial, industrial and private dischargers
which will contribute to the sewer system, the estimated volume to be
transported through the sewer system and treated by the treatment plant,
the projected size, location and type of waste treatment, the projected
costs of constructing, operating and maintaining the system, including
projected user charges to be impoased, alternatives available for achieving
the waste treatment goals, and engineering or economic problems anticipated
in implementing the sewerage collection and waste treatment system for the
municipality.

B. "Discharger" shall mean an owner of residential (single family
homes, camps, apartment buildings, etc.) commercial (laundramats, filling
stations, motels and hotels, retail and wholesale stores, office buildings,
etc.) or industrial facilities or any other waste water generating activity
which results in a point source discharge which was not connected to and
discharging through a municipal sewer as of October 1, 1975.

C. "Initial phase of a municipal sewerage system" shall mean those
sewers constructed before or concurrently with the waste water treatment
facility which will be contributing wastes to the waste water treatment
facility on the date it first begins operation.

D. "Municipality" shall mean a municipal or quasi-municipal corporation.

.58

E. "New Discharge" shall mean a'discharge which commences or a dis-
charge which changes characteristics or increases licensed volume by more
than 10% on or after October 1, 1,975.

F. "Preliminary Plan" shall mean either (1) a comprehensive engineer-
ing study of the existing and proposed sewerage system and the waste treat-
ment facility, or (2) a plan submitted by municipal officials delineating
the streets and areas in the municipality to be served by the waste treat-
ment facility when such plant first commences operation and projected costs
of such a system if a more comprehensive study does not exist in a munici-
pality.

3. Variances for Municipalities

A. Upon receipt of an application for a variance from a-ay statutory
water pollution abatement time schedule from any municipality or quasi-muni-
cipal entity the Board of Environmental Protection shall grant a variance to
such municipality only upon a finding that:

1. Federal funds for the construction of municipal waste water
treatment facilities are-not available.

2. The municipality has an acceptable plan for cost recovery which
assures that the municipality will collect from each discharger into
its sewerage system which has signed an approved agreement with the
municipality pursuant to Section 4 of these regulations, a fee suffi-
cient to equal their proportionate share of the actual current cost
of operating the sewerage system for which preliminary plans have been
completed and approved pursuant to paragraph 3. Actual current costs
shall include but not be limited to preliminary plans, final design
plans, site acquisition, legal fees, interest fees, sewer system main-
tenance and rehabilitation and other administrative costs, provided,
however, that in lieu of such a fee system, the municipality may agree
to apportion an annual amount from the general revenues, acceptable to
the Department, to cover that share of fees to be paid by dischargers.

3. The municipality has demonstrated it has completed preliminary
plans acceptable to the Department for the treatment of municipal
waste and for construction of the initial phase of the municipal sew-
er system. Preliminary plans shall only be approved where the Depart-
ment determines that:

a. There are no engineering or economic problems with the
plan which would make impelementation of the plan, as proposed,
difficult or excessively costly..

b. The project can be constructed,. operated and maintained
in a manner not at variance with good engineering or economic prac-
tice in the field of constructing, operating and maintaining sewer-
age systems and waste treatment facilities which will-be supported
by user charges.-

c. Where something less than a comprehensive engineering
study is submitted, that such a comprehensive study will be com-
pleted within one year of the date of initiation of the comprehen-
sive study and

d. The initial phase of the municipal sewer system and the
waste treatment system proposal has been approved by:

i. vote of town meeting for a selectman form of government,
or

ii. vote of the council for a council form of government, or

iii. vote of the appropriate governing body of a quasi-municiL-
pal corporation.

B. Variances shall be issued for a term certain not to exceed three
years, however, no variance for a municipality without an approved compre-
hensive engineering study shall exceed a term of one year, and no more than
one variance will be granted to a. municipality which has not initiated a
comprehensive engineering study.

C. Variances may be conditioned upon such interim control measures as
the Department deems necessary to maintain or improve water quality.

D. Within 30 days of-the grant award from' the Environmental Protection
Agency for construction of waste water treatment facilities the municipality
shall present to the Department of Environmental Protection an implemen-
tation schedule for completing final design and specifications of the waste
water treatment facility and constructing and placing the initial phase of
the municipal sewer system and the waste water treatment facilities in
operation. Such schedule shall be reviewed and approved, or modified by the
Department of Environmental Protection and after such approval shall become
binding upon the municipality, and no variance granted to the municipality
pursuant to these regulations shall be valid beyond the date for commence-
ment of operation of the municipal waste water treatment facility specified
in such implementation plan.

4. Waivers for Individual Dischargers

A. Agreements between individual dischargers and the municipality to
be considered for acceptance by the Department of Environmental Protection
and thus waiver of treatment requirements must contain at least the fol-
lowing assurances:

1. That the municipality is bound to provide waste treatment for
the discharger in the initial phase of the municipal sewer system and
that the municipality will indeed provide such treatment as expedit-
iously as possible after federal and state funds are made available for
construction of interceptor sewers and wastewater treatment facilities.

2. That the discharger is connected to the municipal sewer system
or is bound to connect to and discharge into the municipal sewer system
within 90 days of its availability and that, once the discharger is so
discharging to the municipal sewer system, there will be no other un-
licensed discharges from its premises.

3. That the discharger is bound to pay to the municipality its
proportionate share of the fee for current cost of operation of the
sewerage system which has been determined by the municipality pursuant
to � 3.A.2 of these regulations, except that this requirement shall not
be necessary where the municipality has had approved, pursuant to sec-
tion 3 of these regulations, a system to apportion an annual amount
from general revenues to cover the share of fees paid by dischargers.

4. That the discharger agrees not to increase the volume or
change the nature of the discharge significantly without approval from
the Department of Environmental Protection.

5. That if the discharger would be required, pursuant to other
provisions of law, to pretreat effluents before discharge into the mun-
icipal sewage system, such pretreatment system will be installed and
in operation on the first day of discharge into the municipal system
and at all times thereafter.

B. Waivers pursuant to this section of the regulations shall not ex-
ceed the term of the variance granted to the municipality of the discharger
pursuant to 0 3 of these regulations, provided, however, contracts providing
such waivers may be renewed subsequent to the renewal of any variance for the
municipality. No waiver thereunder shall run longer than the time specified
for completion of the initial phase of the municipal sewer system and the
waste water treatment facility.

C. Failure to comply with any of the terms of an agreement approved
pursuant to this section shall immediately render such agreement null and
void and dischargers included in such an agreement shall immediately cease
or shall only discharge in accordance-with the standards of best practicable
treatment specified in section 414-A subsection I paragraph D, and all other
requirements of sections 414 and 414-A of Title 38.

D. No agreements between individual dischargers and a municipality
will be approved pursuant to this section (4) unless the municipality has an
outstanding and presently valid variance approved by the Department pursuant
to section 3 of these regulations. This shall not, however, prevent the De-
partment from receiving and considering agreements prior to the approval of
the municipal variance.

After public notice and public hearing November 21, 1977 the above regulation
is hereby adopted this 21st day of December, 1977.

BASIS STATEMENT: These rules are intended to provide the
necessary additional time for a community to obtain federal
and state funds when it is determined that federal funds
are not available in time to complete a project according to
the statutory time schedules.

AUTHORITY: 38 M.R.S.A., Section 361

EFFECTIVE DATE-. September 30, 1975
Amended Date: February 8, 1978

o6-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter 580 REGULATIONS RELATING TO SAMPLING PROCEDURES AND
ANALYTICAL PROCEDURES

SUmmARY: This rule establishes standards whereby all
sampling and analysis will be performed according to
accepted technical procedures for chemical and biological
analysis.

1. Sampling Procedures

The latest edition of the following publications will be used as
standards for sample collection, preservation, and analysis.

A. Standard Methods for the Examination of Water and Wastewaters,
American Public Health Association, New York, N.Y.

B. A.S.T.M. Standards, Part 23, Water; Atmospheric Analysis;
American Society of Testing and Materials; Philadelphia, Penn.

C. Methods for Chemical Analysis of Water and Wastes, Environmental
Protection Agency Water Quality Office, Analytical Quality Control Labora-
tory 1014 Broadway, Cincinnati, Ohio.

2. to 5. Reserved

6. Bioassay Procedures

Bioassay procedures will be performed according to Department of
Environmental Protection standard methods.

7. to 10. Reserved

BASIS STATEMENT: In order to maintain an established,
standard sampling and analysis program for chemical and
biological samples and to provide quality control and
continuity among data from which a variety of decisions
will be made.

AUTHORITY: 38 M.R.S.A., Section 361

EFFECTIVE DATE: November 29, 1973

AMENDED DATE: March 14, 1977

06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter 581 REGULATIONS RELATING TO WATER QUALITY EVALUATIONS

SUIvKARY: These rules provide for the maintenance of stream
and lake classifications without violations by computing
capacity of the waters to break down waste and allows fish,
wildlife, and organisms in the receiving waters to migrate
both up and downstream in an undisturbed section of river
adjacent to a waste discharge outfall. In addition, a scale
of 0 to 100 is established in order to measure the trophic
state or degree of enrichment of lakes due to nutrient input.

1. Assimilative Capacity-Rivers and Streams

For the purpose of computing whether a discharge will violate the
classification of any river or stream, the assimilative capacity of such
river or stream shall be computed using the minimum seven day low flow which
occurs once in ten years. Waste discharges shall be appropriately reduced
when flows fall below the seven day ten year low flow if the Board determines
that such reduction is necessary to maintain such applicable classifications.

2. Minimum Flow--Regulated Rivers and Streams

For regulated rivers and streams, the Department may establish a
minimum flow necessary to maintain water quality standards. This flow will
be based upon achieving the assigned classification, criteria and protection
of the uses of the stream. The Department will cooperate with appropriate
Federal, State and private interests in the development and maintenance of
stream flow requirements.

3. Assimilative Capacity--Great Ponds

The hydraulic residence time will be used to compute the assimilative
capacity of great ponds. Hydraulic residence time will be computed by
dividing lake volume by the product of watershed area and the precipitation
runoff coefficient.

4. Reserved

5. Zone of Passage

All discharges of pollutants shall, at a minimum, provide for a zone of
passage for free-swimming and drifting organisms. Such zone of passage shall
not be less than 3/4 of the cross-sectional area at any point in the receiving
body of water. Such zone of passage may be reduced whenever the applicant for
a discharge can demonstrate that (a) because of physical phenomena in the re-
ceiving body of water such minimum zone cannot be maintained and (b) such
minimum zone of passage is not necessary to protect organisms in the receiving

body of water from substantial adverse effects.

6. Great Ponds Trophic State Index (TSI)

For the purposes of determining trophic state of great ponds the
following trophic state index will be used.

Zero on this scale indicates poor water quality and 100 indicates
excellent water quality. The TSI is defined as 40 + 33 (log minimum
Secchi disk transparency in meters). Average chlorophyll a and spring
total phosphorus may also be related to TSI.

7. Stream Species Diversity Index

The generic diversity of the bottom fauna of waters classified B-1
and B-2 shall not be less than 2.2 as measured by the Shannon-Weiner
diversity index.

BASIS STATEMENT: These regulations provide the framework
for more clearly and comprehensively defined water quality
evaluation for both rivers and ponds and allows for optimum
management of waters of the State.

AUTHORITY: 38 M.R.S.A., Section 361

EFFECTIVE DATE: November 29, 1973

AMENDED DATE: March 14, 1977

06-096 DEPARTMENT OF ENVIRONMENTAL PRiOTECTION

Chapter 582 REGULATIONS RELATING TO TEMPERATURE

SUMMARY: These rules provide safeguards for fresh and
salt water fauna in lakes and rivers of the state, by
establishing instream limits on temperature resulting
from thermal discharges.

1. Freshwater Thermal Discharges

No discharge of pollutants shall cause the ambient temperature of any
freshwater body, as measured outside a mixing zone, to be raised more than
50F or more than 3�F in the epilimnion of any lake or pond. In no event
shall any discharge cause the temperature of any freshwater body to exceed
84�F at any point outside a mixing zone established by the Board, nor shall
such discharge cause the temperature of any waters which presently are
designed as trout or salmon waters to exceed 68�F at any point outside a
mixing zone established by the Board.

2. to 4. Reserved

5. Tidal Water Thermal Discharges

No discharge of pollutants shall cause the monthly mean of the daily
maximum ambient temperatures in any tidal body of water, as measured
outside the mixing zone, to be raised more than 40F, nor more than 1.50F
from June i to September 1. In no event shall any discharge cause the
temperature of any tidal waters to exceed 85�F at any point outside a mixing
zone established by the Board.

6. to 8. Reserved

BASIS STATEMENT: Organisms living within the aquatic
environment are susceptible to changes of temperature
in their environment. Limits established protect well
being of species living in water bodies in proximity
to thermal discharges.

AUTHORITY: 38 M.R.S.A., Section 361

EFFECTIVE DATE: November 29, 1973

06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION is

Chapter 583 REGULATIONS RELATING TO NUTRIENT CONCENTRATIONS

SUMMARY: This rule requires a high degree of removal of
phosphorus for new discharges which flow into lakes or
ponds and requires existing dischargers to a lake or pond
to remove phosphorus to highest levels feasible by current
technology. In addition, limits on phosphorus to tributaries
which enter into Great Ponds are established.

1. Phosphorus

There shall be no additional discharge of phosphorus to any lake or
pond or tributary thereto which discharge does not employ the best available
technology for phosphorus removal.

2. Existing Discharges

Existing discharges of phosphorus to any lake, pond or tributary thereto
shall, on or before October 1, 1976, be treated to remove phosphorus to the
maximum extent technically feasible.

3. Phosphorus Concentrations in Tributaries to Great Ponds

Not withstanding Sections 583.1 and 583.2, the ambient concentration
for total phosphorus in all tributaries to Great Ponds shall not exceed 50
micrograms per liter (50 ug/1).

BASIS STATEMENT: This rule is intended to prevent lakes and
ponds from developing algae conditions that would interfere
with the recreational and best use of the lake waters.

AUTHORITY: 38 M.R.S.A., Section 361

EFFECTIVE DATE: November 29, 1973

AMENDED DATE: March 1~4, 1977

06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter 584 REGULATIONS RELATING TO WATER QUALITY CRITERIA

SUMMARY: This rule limits the concentration of a heavy
metal (chromium) to Class B-1 and B-2 waters which is toxic
to aquatic life.

1. Water Quality Criteria

The criteria listed below will apply only to Section 363, standards of
classification of fresh waters, class B-1 and B-2. The numbers represent
maximum acceptable concentration limits in the receiving waters. All
numbers are expressed in micrograms per liter (ug/1).

2. Metals

Metal Concentration

A. Chromium 50 ug/l

BASIS STATEMENT: In order to control the amount of toxic
waste being discharged into waters of the State, an instream
limit was established to protect aquatic wildlife.

AUTHORITY: 38 M.R.S.A., Section 361

EFFECTIVE DATE: March 14, 1977

06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTIONS

Chapter 390 VARIANCES FROM4 VARIOUS REGULATIONS

SIUhMA.RY: These rules allow variances from regulations
pertaining to sampling and analytical techniques, temp-
erature, water quality evaluation criteria, nutrient con-
centrations, and water quality criteria if an applicant
can demonstrate to the Board that the requirements of the
regulations are not necessary to protect and enhance water
quality.

1. Variances

The Board may, in any license or Order issued by it, impose on any dis-
charge limitations more stringent than those required by Regulations
chapters 580, 581, 582, 583, and 584 whenever the physical or chemical
properties or biological phenomena in the receiving body of water so require
in order to maintain the statutory classification. The Board may authorize
a variance from any of the limits established hereby whenever the applicant
demonstrates that (a) because of physical or natural conditions in the
receiving body of water such limits cannot be attained and (b) maintenance
of such- limits are not necessary to protect organisms in the receiving0
water from substantial adverse effects and (c). the proposed discharge will
assure the protection and propagation of a balanced and indigenous popula-
tion of fish, shellfish and wildlife in and on the receiving body of water.

BASIS STATEMENT: The requirements of regulations Chapters
580, 581, 582, 583, and 584 may not be necessary in every
instance. This regulation allows an applicant to demonstrate
to the Board that different criteria will meet the objectives
of the water quality program.

AUTHORITY: 38 MRSA, Section 361

EFFECTIVE DATE: November 29, 1973

Amended Date: March 14, 1977

o6-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter 591 EXEMPTIONS FROM VARIOUS REGULATIONS

SUMMARY: This rule provides that certain rules will not
supercede conditions in orders or licenses issued by the
Board.

.1. Exemptions From Various Regulations

No provision of Regulations 580, 581, 582, 583, 584 and 590 shall be
deemed to change, alter, affect or supersede the terms or conditions of any
Order or license heretofore issued by the Board of Environmental Protection.

BASIS STATEMENT: In order to allow conditions of orders or
licenses issued by the Board to remain in effect.

AUTHORITY: 38 M.R.S.A., Section 361

EFFECTIVE DATE: November 29, 1973

AMENDED DATE: March 14, 1977

ALTERATION OF COASTAL WETLANDS ACT

MAINE REVISED STATUTES ANNOTATED
Title 38 H 471-478

� 471.P Prohibitions Maine Revised Statutes
Annotated, Title 38
No person shall dredge or cause to be dredged, drain or cse to e drined 471-478
fill.or cause to 'be filled or erect or causle to. be erected a caIseway, bridge,
marina, wharf, dock or other permanent structuire in, on or over any coastal
wetland; or bulldoze, remove, add or displace sand, or buildl any permanent'
structure in, on or over any coastal sand dune without first obtaining a per-on of Coasta
mit therefor from the Board of Environmental Protection or a municipality Alteration of Coastal
acting under the provisions of sections 473 and 4T4: nor shall any action l - Wetands Act
taken in violation of the conditions of such permit, once obtained.

� 472. Definition

As used in the alteration of coastal wetlands law, unless the context other-
wise indicates, the following terms shall have the following me:nings.
1. Coastal sand dunes. "Coastal sand dines" :ire sand deposits within at
marine beach system above high tide including, but not limited to, beach
berms, frontal dune ridges, back dune areas antl other sanlud areas deposited
by wave or wind action. Coastal sand dunes may extend into the coastal
wetlands.
2. Coastal wetlands. "Coastal wetlands" are all tidal and subtidal lands
including all areas below any identifiable debris line left by tidal action, all
areas with vegetation present that is tolerant of salt water and occurs pri-
marily in a salt water habitat, and any- swamp. marsh, hog, bencll, flat or
other contiguous lowland which is subject to tidal action or normal storm
flowage at'any time excepting periods of maximum storm activity. Coastal
wetlands may include portions of coastal sand dunes.

� 473. Permit granting authority
All permits shall be issued by the Board of Environmental
Protection, except that a municipality may apply, on forms pro-
vided by the board, to the Board of Environmental Protection
for authority to issue such permits. The board shall grant such
authority if it finds that the municipality has:

1. Planning board. Established a planning board;

2. Adopted zoning ordinance. Adopted a zoning ordinance
approved by the board and the Land Use Regulation Commis-
sion, pursuant to Title 12, chapter 424;

3. Notice. Made provision by ordinance or regulation for
prompt notice to the board and the public upon receipt of appli-
cation and written notification to the applicant and the board of
the issuance of or denial of a permit stating the reasons there-
for; and

4. Application form. The application form shall be the
same as that provided by the Board of Environmental Protec-
tion.
In the event that the board finds that a municipality has
failed to satisfy one or more of the above listed criteria, it shall
notify the municipality accordingly and make recommendations
through which it may establish compliance. The municipality
may then submit a modified application for approval.
If at any time the board determines that a municipality
may be failing to exercise its permit granting authority in ac-
cordance with its approved procedures or the purposes of this
Article as embodied in the standards set forth in section 474, it
shall notify the municipality of the specific alleged deficiencies
71

and shall order a public hearing, of which adequate public notice � 473
shall be given, to be held in the municipality to solicit public or
official comment thereon. Following such hearing, if it finds
such deficiencies, it may revoke the municipalities permit grant-
ing authority. The municipality may reapply for authority at
any time.

� 474. Permits; standards

1. Wetlands Permit. If the applicant for the wetlanrds permit demon-
strates to the satisfaction of the board or municipality as appropriate, that
the proposed activity will not unreasonably interfere with existing recreation-
al and navigational uses; nor cause unreasonable soil erosion; nor unreason-
ably interfere with the natural flow of any waters; nor unreasonably harm
wildlife or freshwater, estuarine or marine fisheries; nor lower the quality
of any waters, the board or municipality shall grant the permit upon such
terms as are necessary to insure that the proposed activity will comply with
the foregoing standards.
Within 30 days after receipt of a completed application for a permit, the
board or municipality shall either issue the permit or deny the permit setting
forth the reasons therefor or order a hearing thereon within .80 days of the
order for which hearing adequate public notice shall he given. Within .30
days after the adjournment of such hearing, tile board or municipality shall
either issue the permit or deny the permit setting forth the reasons thlerefor.
In the event that a permit applied for is denied either by the municipality or
the board, the applicant may request a hearing before either of the above
with reasonable public notice given.
The hoard shall issue no permit without notifying the municipality in which
the proposed alteration is to occur and considering any comments filed within
a reasonable period hy said municipality.
No permit issued by a municipality shall become effective until .0 days subse-
quent to its issuance, but if approved by the board in less than 30 days then
the effective date shall be the date of approval. A copy of the application for
the permit and the permit issued by the municipality shall be sent to the
board immediately upon its issuance by registered mail. The board shall re-
view such permit and either approve, deny or modify it as it deems neces.s:ry.
Failure of the board to act within 30 days of the receipt of the perlnit by the
municipality shall constitute its approval and the permit shall be effective as
issued. When winter conditions prevent the board or municipality from evanl-
nting a permit application, the board or municipality, upon notifying the ap-
plicant of such fact, may defer action on the application for a reasonable
period. The applicant shall not during the period of deferral fill or canse to
be filled, dredge or cause to be dredged, dr(ain or cause to he drained or other-
wise alter such coastal wetland.
2. Sand dunes permit. If the applicant for a sand dunes permit demon-
strates to the satisfaction of the board or municipality, as appropriate, that
the proposed activity will not unreasonably interfere with existing recreation-
al or wildlife uses; unreasonably interfere with the natural supply or move-
ment of sand within or to the sand dune system; unreasonably increase the
erosion hazard to the sand (lune system; or cause an unreasonable flood haz-
ard to structures built in, on or over any coastal sand dune or neighboring
property, the board or municipality shall grant the permit upon such terms as
are necessary to insure that the proposed activity will comply with the fore-
going standards.
3. Single permit. In the event that a project affects both wetland areas
and sand dune areas, the board or municipality, as appropriate, shall grant a
single permit upon such terms as are necessary to comply with the foregoing
standards.

� 475. Penalties
A violation is defined as any filling, dredging, draining, de-
positing, altering, erecting or removal of materials which takes
place in coastal wetlands contrary to the provisions of a valid
permit or without a permit having been issued, and without re-
gard to whether these physical acts were witnessed as they were
being carried out or whether the action was willfully undertaken
to avoid the intent of this subchapter or without knowledge of
this subchapter undertaken. Any such filling, dredging, drain-
72

ing, depositing, altering or removal of materials shall be prima 475
facie evidence that it was done or caused to be done by the owner
of such coastal wetlands.

� 476. Enforcement
Inland fish and game wardens, coastal wardens and all oth-
er law enforcement officers enumerated in Title 12, section 2003
shall enforce this subchapter.

� 477. Repealed. 1977, c. 300, � 29

� 478. - Exemptions
The Board of Environmental Protection may by rule or reg-
ulation exempt from this subchapter certain activities including,
but not limited to, repairs and maintenance of existing struc-
tures or waive such procedural requirements as it deems not in-
consistent with the purposes of this subchapter. Nothing in this
subchapter shall prohibit the minor repair of existing permanent
structures which would require less than a total of one cubic
yard of material to be filled, deposited, dredged, moved or re-
moved in any coastal wetland or normal maintenance or repair
of presently existing ways, roads or railroad beds nor mainte-
nance and repair of installations and facilities of any utility as
defined in Title 23, section 255, abutting or crossing said coastal
wetlands, provided no watercourse is substantially altered.

06 (VI)'b l.l'l .'lV I ut)rJMl.il'TAl. 1'1h(IT 11'CT)IO

Chapter 340 DEFINITIONS OF TERMS USED IN THE ALTERATION OF COASTAL
WETLANDS LAW AND REGULATIONS

SUMMARY: This chapter defines and clarifies terms used in
the Alteration of Coastal Wetlands Law (38 M.R.S.A. 9471 et
seq.) and in the regulations interpreting the Alteration of
Coastal Wetlands Law.

1. Definitions

The following terms, as used in the Alteration of Coastal Wetlands Law
(38 M.R.S.A. �471 et seq.) and in these regulations (Chapter 340-347) shall
have the following meaning, unless the context otherwise indicates:

A. Board. "Board" means the Board of Environmental Protection.

B. Coastal Bank. "Coastal bank" means the seaward face or side of
any elevated land form, other than a dune, which lies at the landward edge
of a coastal beach, land subject to tidal action, or other wetland area.

C. Coastal Beach. "Coastal beach" means the gently sloping shore of
a body of tidal water consisting of unconsolidated sediment subject to wave,
tidal, and coastal storm action.

D. Coastal Wetlands Law. "Coastal Wetlands Law" means the Alteration
of Coastal Wetlands Law, 38 M.R.S.A. �471 et seT.

E. Department. "Department" means the Department of Environmental
Protection.

F. Drain. "Drain" means to rid or attempt to rid land of surface water
by deepening, straightening, or embanking the natural water courses which run
through it and by supplementing natural water courses, when necessary, with
artificial ditches and canals.

G. Dredge. "Dredge" means to move or remove, by digging or scooping,
sand, silt, mud, gravel, rock, or any other substance.

H. Fill. "Fill" means to put into or upon, supply to, or allow to
enter a coastal wetland any earth, rock, gravel, sand, clay, peat, trash,
garbage, sewage, or any other material of either a solid or liquid nature.

I. Permanent Structure. "Permanent structure", as used in 38 M.R.S.A.
�471 and �478, shall not include:

1. Floating structures located in coastal wetlands less than
7 months a year, such as rafts, houseboats, or other floating
structures attached to the land solely by lines or removable runways.

2. Temporary structures intended for seasonal use and in place
less than 7 months per year, such as tents, removable blinds, or ice
houses.

NOTE: "Peranc.icnt s.tLtuctuL" shace include permanent 6ix.tumres oar ae.teA-
ations, SuchL a pir otr cement stabs, .intended to supportt, attach to, ao
prov-ide access .to 6Soating or tempotray s.ttucRAcs.

J. Productivity. "Productivity" means the rate of biomass production
over a specified period of time. Biomass includes the amount of living
plant and animal matter present and is usually expressed as the number or
weight per unit area or volume of habitat.

K. Staff. "Staff" means the Staff of the Department of Environmental
Protection.

L. Vegetation ... tolerant of salt water ... . "Vegetation present that
is tolerant of salt water and occurs primarily in a salt water habitat", as
used in 38 M.R.S.A. �472, means the following types of vegetation:

Scientific Name Common Name

Low Salt Marsh

Ruppia maritima Ditch grass
Spartina alterniflora Salt marsh cord grass
Zostera marina Eelgrass

High Salt Marsh and Transition Area Between High Salt Marsh and Freshwater

Antriplex patula v. hastata Orach
Carex mackenziei Sedge
C. paleacea Salt marsh sedge
C. salina Sedge
Distichlis spicata Spikegrass
Eleocharis halophila Spikerush
Glaux maritima Sea milkwort
Juncus gerardii Black grass
Ligusticum scothicum Scotch lovage
Limonium carolinianum Sea lavender
L. nashii Sea lavender
Plantago juncoides Seaside plaintain
Potentilla anserina Silverweed
Puccinel.lia maritima Alkali grass
P. paupercula Goose grass
Salicornia bigelovii Glasswort
S. europaea Glasswort
Scripus maritimus Salt marsh bullrush
S, paludosus v. atlanticus Bayonet grass
Solidago sempervirens Seaside goldenrod
Spnrtina patens Salt meadow hay
Sueda maritima Sea blite
Tri.glochin maritima Arrow grass

NO7TE: AZA U(COtIifi RC .ISIc's ato. takeQn -rtom Grcy's Mafiua~e Ao Go-tcaly, 8th Ed.Ltion.

After public notice and public hearings held on June 14 and 15, 1979, the
above regulations are hereby adopted this 8th day of August, 1979.

BASIS STATEMENT: These regulations are adopted to
explain and clarify the meaning of words and terms
used in the Alteration of Coastal Wetlands Law and
in these regulations interpreting that law.

AUTHORITY: 38 M.R.S.A. �343

EFFECTIVE DATE: November 1, 1979

06-096 DEPARTMEINT OF ENVIRONMENTAL PROTECTIO]N

Chapter 341 EXEMPTIONS ANT) WAIVERS UNDER SECTION 478 OF THE COASTAL
WETLANDS LAW

SUMMARY: These regulations describe activities exempt from,
and procedural requirements waived under, the Coastal Wetlands
Law in accordance with 38 M.R.S.A. 9478.

1. Activities Exempt from the Permit Requirement

In addition to those activities specified under 38 M.R.S.A. �478, the
following activities are exempt from the requirements of the Coastal Wetlands
Law.

A. The construction and operation of fish weirs, provided proper
practices with regard to navigational safety are followed. Fish weirs must
be designed and constructed in a manner which allows water to flow through
the weir and circulate normally.

B. The placement and use of boat moorings below the mean low tide line
provided that proper practices with regard to navigational safety are followed.
Such boat moorings shall include any type of bottom anchoring device to which
is attached a line,.cable or chain, with a float on the surface, used only
for mooring boats of less than sixty-five feet.

C. The dumping of snow and attendant material from normal snow clean-up
operations directly into a tidal area in a manner which does not cause
physical alteration to the wetlands area. This exemption shall terminate
on June 30, 1984.

1. Normal snow clean-ups include the removal of snow from roads,
parking areas or other travelled ways, but does not include the
removal of snow known to be contaminated with solid waste, commercial
or industrial wastes, or hazardous wastes.

D. The repair and/or replacement of structures in coastal wetlands
areas provided that:

1. The structures were in existence and in active use within the
one-year period preceding their repair or replacement;

2. The repair or replacement does not result in an encroachment
into the wetland area greater than that of the previously existing
structure;

3. The repair or replacement does not result in a structure sig-
nificantly different from that of the previously existing structure;

4. All repairs will be completed within one year of the date of
the occurrence of the damage; and

5. All repair will be completed within 60 days of their commencement.

NOTE: 38 M.R.S.A. 478 s.tatce inn paLt: "No.tlitng .in thi subchaptet 6hall
prolibit .the minnort repair oJ existing peAmaney.'t S.ttuctures w{hich would rteqLuie
teess than a tutca. of owne cubic yaLtd o6 ma-te,ti.a to be 6fieed, deposited,
dedged, moved otr removed in aiiy coas.tal wetcand otr no rmal maintenance ort
replait o .v preanty ostey .lg cways, toad's ot rLtartuad beds no't mainatenance
and .epaLt o ; iLnstateaion's o6 (aceaities oJ any u.tZity as defiLned in
TtCe.e 23, sectlzon 255, abLtttiLng at crssing said coastal. weteand, providcd
1no LwatetCowLtse is sub.s.tackLtitcLCy aiteted."

2. Activities for Which Procedural Requirements May be Waived

A. Sewage Treatment Procedural Requirements:

1. The Board waives the procedural requirements, as authorized by
38 M.R.S.A. 9478, for the following activities:

a. The deposit of treated sanitary sewage.

b. The construction of a sewage outfall line from a single
family residence where the property owner holds a valid sanitary
wastewater discharge license, issued by the Board pursuant to
38 M.R.S.A. ��413 and 414A, meets the standards of best practical
treatment pursuant to 38 M.R.S.A. 0414A, and has made adequate
provision for the restoration of wetland areas altered during
the construction of the outfall line.

2. The following procedural requirements shall replace those
specified in 38 M.R.S.A. �474 and in applicable regulations:

a. A person desiring to engage in wetlands activities described
in Paragraph 1 shall, prior to engaging in the activity:

i. Write a letter to the Commissioner of the Department
fully describing the proposed activity; or

ii. Submit a description of the proposed activity as part of
a waste discharge license application pursuant to 38 M.R.S.A.
9413 et seq.

b. If a person receives a written response from the Department
stating that the proposed activity falls within the activities
described in Paragraph 1 above and the plans for undertaking
the activity are acceptable to the Department, the proposed
activity may be undertaken, subject to the Standard Conditions
which accompany the granting of a permit.

c. If a person receives a response from the Department indicat-
ing that the proposed activity does not fall within the activi-
ties described in Paragraph 1 above or the plans for undertaking
the activity are not acceptable to the Department, the normal
application procedure specified by statute should be followed.

d. Any variaLtion from the plans, proposals and supporting
documents presented under Paragraph 2a is subject to review of
and approval by the Board prior to implementation.

After public notice and public hearings held on June 14 and 15, 1979,
the above regulations are hereby adopted this 8th day of August, 1979.

BASIS STATEMENT: These regulations are intended
to compile in one place and in an organized manner
activities exempt from and procedures waived by the
Board under the Alteration of Coastal Wetlands Law.

AUTHORITY: 38 M.R.S.A. 2478 and 38 M.R.S.A. �343

EFFECTIVE DATE: November 1, 1979

06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter 342 GENERAL POLICIES AND PROCEDURES UNDER THE COASTAL
WETLANDS LAW

SUMMARY: These regulations describe the general policies
and procedures under the Coastal Wetlands Law (38 M.R.S.A.
9471 et seq.) specifically with respect to rebuttable pre-
sumption against seawalls; review of projects partially
located within Coastal Wetlands; Scope of review; nature
of terms and conditions; completeness of application;
requirement of additional information; performance bonds;
advisory rulings; access to the site; permits not contingent
upon other approvals; title, right or interest; standard
conditions of permits; and severability.

1. Rebuttable Presumption Against Seawalls

The Board operates under the rebuttable presumption that all seawalls
and similar structures built on or adjacent to a sand beach inherently cause
unreasonable soil erosion, unreasonably interfere with the natural flow of
waters, and unreasonably interfere with existing recreational and navi-
gational uses. An applicant for a permit to build a new seawall or similar
structure on or adjacent to a sand beach must overcome this presumption
by persuasive evidence that the proposal is unique in some way that allows
fulfillment of the criteria set forth in 38 M.R.S.A. � 474.

NOTE: The presumption against seawatls in based on the Board's
review of numeAous applicatiaons ot ocean seawalls. That review consisted
od examination oad ptans, extensive hearings, and teceipt od substaltia2
information and expert opinions on the effect oad eawa2Zb on sand beachcs
and adjacent natwae resowuces or man-made structuAe&. As a tesuLt oa
this rteview, the Board conceudes ,thart 4eawatZs otr simitat tucttutcz
placed on or adjacent to sand beaches:

- Cause a physical obstruction in the inter-tidal zone, which
obstructs pub. ic rights in .that zone;

- Cause the Zo4s of sand and changes to the slope oJ the beach in
drtont of the seawall;

- When detetioating, cteatce a Zikeeihood of rubble oa debrits being
scattered acrtos -te. shote;

- Signi.icantey modify noAmat patterts o6 wlate movement; and

- Caey etosion at accretion of sand.

2. Review of Projects Partially Located Within Coastal Wetlands

When an activity falling within the scope of the Coastal Wetlands Law
is part of a larger project, the Board shall review the entire project and
grant a Coastal Wetlands permit only when it finds that all the standards

of the Coastal Wetlands Law have been met. Non-compliance with the statute
can result from improperly conducted activities taking place adjacent to a
coastal wetland as well as those taking place within the coastal wetland.

3. Scope of Review

In reviewing applications for permits under the Coastal Wetlands Law,
the Board shall consider the location and nature of the proposed activity
in relation to the primary, secondary and cumulative impacts on the areas
of concern articulated in the standards for granting permits in 38 M.R.S.A.
�474 as interpreted by these regulations.

4. Nature of Terms and Conditions

As specified in 9474 of the Coastal Wetlands Law, the Board may place
terms and conditions on the granting of a permit for a proposed activity.
However, terms and conditions shall address themselves to specifying
particular means of satisfying minor or easily corrected problems, or both,
relating to compliance with the Coastal Wetlands Law and shall not sub-
stitute for or reduce the burden of proof of the applicant to provide
substantial evidence that each of the standards of the law has been met.

5. Completeness of Application

If, in the opinion of the Staff, au application for a permit under the
Coastal Wetlands Law is incomplete, the application may be returned to the
applicant with an indication of the information which needs to be supplied;
and, no further processing shall occur until the application is determined
to be complete. The statutory time period within which the Board must act
on an application under 38 ?4.R.S.A. 9474 shall not begin until the appli-
cation is determined to be complete by the Staff.

6. Requirement of Additional Information

In reviewing applications for permits for activities under the Coastal
Wetlands Law, the Board or Staff may require additional information from
the applicant on any aspect of the proposed activity relating to compliance
with the standards of 38 M.R.S.A. �474.

7. Advisory Rulings

All requests for advisory rulings on the applicability of the Coastal
Wetlands Law to particular situations or on other matters shall be based
on existent facts and not hypothetical situations. Such requests shall be
made in writing and addressed to the Division of Review and Planning,
Bureau of Land Quality Control, Department of Environmental Protection,
Augusta, Maine 04333. Issuance of advisory rulings is discretionary with
the Department on a case-by-case basis.

8. Access to the Site

The filing of an application for a permit constitutes the granting of
permission by the applicant to allow authorized application reviewers access

to the site of the proposed activity in order to evaluate whether or not
the proposed activity will meet the standards, as stated in 38 M.R.S.A. 9474.

9. Permits Not Contingent Upon Other Approvals

The granting of a permit under the Coastal Wetlands Law is not
contingent upon the applicant having obtained, prior to filing, other
appropriate federal, state, or municipal approvals, licenses, permits,etc.

NOTE: Standard condition of approval require such permitt priot to
commencing contruc.tton.

10. Title, Right or Interest

The Department will consider an application for a permit only when an
applicant has demonstrated sufficient title, right or interest in all of
the property on which the proposed activity will be undertaken. An applicant
shall demonstrate in writing sufficient title, right or interest as follows:

A. When the applicant claims ownership of the property, copies of the
deed to the property shall be supplied.

B. When the applicant has an option to buy the property, a copy of
the option agreement shall be supplied. Option agreements shall contain
terms deemed sufficient by the Board to establish future title.

C. When the applicant has a lease on the property, a copy of the lease
shall be supplied. The lease shall be of sufficient duration, as determined
by the Board, to permit construction and reasonable use of the development.

D. When the applicant has eminent domain power over the property,
evidence shall be supplied of the ability and intent to use the eminent
domain power to acquire sufficient title, right or interest as determined
by the Board.

NOTE: The contruction o6 permanent structtes and dredgng and 6iltZng
of submceged Zands te.quite. the issuance of a Zease or easement 6fLom the
Bteau of PubLc Lands, Depatment of Conse-vtLon. Applications ort coastat
wettanud permLts ate fowatded to the Buwteau by the DepaAtmemt o6 Enviton-
menta Potection. The BueaLu noAtmaty issues a Zea6e or ea,ement on tihe
bases o6 the wettandsc peamit application and a copy of the lease o't easc-
ment Zs 6wotatded to the applecant upon the gtanting o6 a coastal wetzands
pe'nLt.

11. Performance Bonds

The Board may require an applicant to post a performance bond to
ensure that the approved activity will be undertaken and completed in a
manner consistent with approved plans and in compliance with the standards
of the Coastal Wetlands Law.

12. Standard Conditions of Permits

The following standard conditions shall apply to all permits granted
under the Coastal Wetlands Law, unless otherwise specifically stated in
the permit:

A. Approval Of Variations From Plans. The granting of this permit
is dependent upon and limited to the proposals and plans contained in the
application and supporting documents submitted and affirmed to by the
applicant. Any variation from these plans, proposals and supporting
documents is subject to review and approval prior to implementation.

B. Compliance With All Applicable Laws. The applicant shall secure
and comply with all applicable federal, state and local licenses, permits,
authorizations, conditions, agreements, and orders prior to or during
construction and operation, as appropriate.

C. Compliance With All Permit Terms and Conditions. The applicant
shall submit all reports and information requested by the Board or the
Departm.'nt demonstrating that the applicant has complied or will comply
with all terms and conditions of this permit. All preconstruction terms
and conditions must be met before construction begins.

D. Initiation Of Activity Within Two Years. If construction or operation
of the a..tivity is not begun within two years, this permit shall lapse and
the applicant shall reapply to the Board for a new permit. The applicant
may not begin construction or operation of the activity until a new permit
is granted. Reapplications for permits shall state the reasons why the
activity was not begun within two years from the granting of the initial
permit and the reasons why the applicant will be able to begin the activity
within two years from the granting of a new permit, if so granted. Re-
applications for permits may include information submitted in the initial
application by reference.

E. Reexamination After Five Years. If the approved activity is not
completed. within five years from the date of the granting of a permit,
the Boara may reexamine its permit approval and impose additional terms
or cond.iLions to respond to significant changes in circumstances which may
have occiurred during the five-year period.

F. No Construction Equipment Below High Water. No construction-
equipmenl being used in the undertaking of an approved activity is allowed
below the mean high water line.

G. !'o"-mit Included In Contract Bids. A copy of this permit must be
includc,/ it or attached to all contract bid specifications for the approved
actilvi.ty..

IT. PVrmit Shown To Contractor. Work done by a contractor pursuant
to this permit shall not begin before the contractor has been shown by
the applicant a copy of this permit.

13. Severability

Should any provision of these regulations be declared invalid or
ineffective by court decision, the decision shall not invalidate any other
provision of these regulations.

After public notice and public hearings held on June 14 and 15, 1979,
the above regulations are hereby adopted this 8th day of August, 1979.

BASIS STATEMENT: These regulations are intended to
compile in one place in an organized manner existing
policies and procedures used by the Board in implementing
the Coastal Wetlands Law and new policies and procedures
developed during the process of writing these regulations.

AUTHORITY: 38 M.R.S.A. �343

EFFECTIVE DATE: November 1, 1979

06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter 343 INTERFERENCE WITH RECREATIONAL AND NAVIGATIONAL USES
STANDARD OF THE COASTAL WETLANDS LAW

SUMMARY: These regulations describe the Board's scope
of review in determining an applicant's compliance with
the recreational and navigational uses standard of the
Coastal Wetlands Law (38 M.R.S.A.. 9474) and the terms and
conditions which the Board may impose on the granting of a
.permit to ensure compliance with that standard.

1. Interference With Recreational and Navigational Uses

A. Scope of Review. In determining whether there is substantial
evidence that a proposed activity will not unreasonably interfere with
existing recreational and navigational uses, the Board shall consider all
relevant evidence to that effect, such as evidence that.

1. The proposed activity will not unreasonably interfere with
established public rights of access to and use of coastal wetlands.

2. The proposed activity will not unreasonably interfere with
access to and. use of public recreational facilities, both in
operation and planned.

3. The proposed activity will not be located in a way which
unreasonably interferes with a navigable channel nor eliminate
a large water area from small craft navigation.

4. The proposed activity will not unreasonably cause nor contri-
bute to sedimentation problems in adjacent or nearby navigational
channels or anchorages.

5. The height, width, and placement of structure will be restricted
to the fullest extent. practicable.

6. Pile-supported construction rather than crib-type or solid
fill construction will be utilized to the fullest extent practicable.

B. Terms and Conditions. The Board may, as a term or condition of
a permit, establish any reasonable requirement to ensure that the proposed
activity will not unreasonably interfere with existing recreational and
navigational uses, such as requiring that.

1. The location of submarine cables be clearly marked.

After public notice and public hearings held on June 14 and 15, 1979,
the above regulations are hereby adopted this 8th day of August, 1979.

BASIS STATEMENT: These regulations are intended to
explain and clarify the meaning of the recreational
and navigational use standard of the Coastal Wetlands

Law (38 M.R.S.A. �474) and to. set out the duties,
powers, and limitations of the Board and of permit
applicants under that standard.

AUTHORITY: 38 M.R.S.A. i343

EFFECTIVE DATE: November 1, 1979

06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter 344 SOIL EROSION STANDARD OF THE COASTAL WETLANDS LAW

SUMMARY: These regulations describe the Board's scope of
review in determining an applicant's compliance with the
soil erosion standard of the Coastal Wetlands Law (38 M.R.
S.A. �474) and the terms and conditions which the Board may
impose on the -ranting of a permit to insure compliance with
that standard.

1. Soil Erosion

A. Scope of Review. In determining whether there is substantial evidence
that a proposed activity will not cause unreasonable soil erosion, either
during the undertaking of the activity or after its completion, the Board
shall consider all relevant evidence to that effect, such as evidence that:

1.. Temporary and permanent erosion control measures will be
utilized an the project site both during and after construction.
A detailing of erosion control measures will include, when
appropriate, such information as:

a. The size, location, source, placement, and shape of any
fill, rip rap, granite blocks, or other construction material
to be used within the proposed project.

b. Plans, including a time schedule, for the fertilization,
liming, seeding, and mulching of all disturbed areas.

2. The proposed activity will not cause unreasonable changes in
current patterns or water velocity which result in changes in
erosion patterns.

3. The proposed activity will not unreasonably affect the volume,
distribution of sediment size, relief and elevation of coastal
beaches.

4. With respect to coastal banks, the proposed activity will not
unreasonably affect:

a. The stability of the bank;

b. The supply of sediment from the bank to coastal beaches
or other land subject to tidal action; or

c. The storm damage or flood control function of the bank.

5. Any permanent structure constructed generally protruding
from the shoreline will:

a. Not significantly interfere with natural shore processes;

b. Not cause unreasonable erosion of adjacent or downdrift
areas of coastal beaches, banks, land under the ocean, or other
coastal wetlands;

c. Be no greater in size than length, width, and height
necessary to accomplish its intended function; and

d. Include provision for the transfer of sediment to down-
drift areas, if necessary to prevent those areas from being
deprived of sediment.

6. Plans for channel dredging will be designed to avoid unreasonable
siltation at the point where the dredged channel joins with the
natural channel.

B. Terms and Conditions. The Board may, as a term or condition of a
permit, establish any reasonable requirement to ensure that the proposed
activity will not cause unreasonable soil erosion, such as requiring:

1. Provision for surface water diversion during construction.

2. Preservation of natural beach areas, including but not-limited to:

a. Restricting the use of machinery on the beach; or

b. Limiting or restricting the placement or removal of
foreign materials on the beach.

3. Protective planting on coastal banks to reduce erosion.

After public noticu and public hearings held on June 14 and 15, 1979,
the above regulations are hereby adopted this 8th day of August, 1979.

BASIS STATEMENT: These regulations are intended to explain
and clarify the meaning of the soil erosion standard of
the Coastal Wetlands Law (38 M.R.S.A. �474) and to set out
the duties, powers, and limitations of the Board and of
permiL applicants under that standard.

AUTUiORLTY: 38 M.R.S.A. 9343

EFFICTIVE DATE: November 1, 1979

06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter 345 INTERFERENCE WITH NATURAL FLOW OF WATERS STANDARD Or
THE COASTAL WETLANDS LAW

SUMMARY: These regulations describe the Boiard's scope
of review in determining an applicant's compliance with
the natural water flow standard of the Coastal Wetlands Law
(38 M.R.S.A. �474) and the terms and conditions which the
Board may impose on the granting 'of a permit to ensure
compliance with that standard.

1. Interference With the Natural Flow of Any Waters

A. Scope of Review. In determining whether there is substantial
evidence that a proposed activity will not unreasonably interfere with the
natural flow of any waters, the Board shall consider all relevant evidence
to that effect,, such as evidence that:

I. There will be no unreasonable interference with nor unreasonable
alteration of existing water circulation patterns such as tidal
flow, current and wave characteristics, including storm wave over-
wash or flooding which is essential to the long-term maintenance
of active beach systems.

2. The flow of fresh water to any coastal wetland area -will not
be unreasonably affected.

3.. Water stagnancy will be neither caused nor contributed to,
and the ability of adjacent water bodies to flush themselves will
not be unreasonably reduced.

a. Culverts of sufficient size, placed at the proper elevation,
will be insta'lled, where necessary, and. maintained.

4. The flood control function of coastal wetlands will not be
unreasonably affected.

5. Pile-supported construction rather than crib-type or solid,
fill construction will be utilized to the fullest extent practicable.

B. Terms and Conditions. The Board may, as a term or condition of
a permit, establish any reasonable requirement to ensure that the proposed
activity will not unreasonably interfere with the natural flow of any
waters, such as requiring that:

1. Rip-rap, stories or granite blocks be installed to facilitate
water movement.

After public notice and public hearings held on June 14 and 15, 1979,
the above regulations are hereby adopted this 8th day of August, 1979.

BASIS STATEMENT: These regulations are intended to
explain and clarify the meaning of the natural flow of
waters standard of the Coastal Wetlands Law (38 M.R.S.A.
9474) and to set out the duties, powers, and limitations
of the Board and of permit applicants under that standard.

AUTHORITY: 38 M.R.S.A. 2343

EFFECTIVE DATE: November 1, 1979

06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter 346 HARM TO WILDLIFE AND FISHERIES STANDARD OF THE COASTAL
WETLANDS LAW

SUMMARY: These regulations describe the Board's scope of
review in determining an applicant's compliance with the
wildlife and fisheries standard of the Coastal Wetlands
Law (38 M.R.S.A. �474) and the terms and conditions which
the Board may impose on the granting of a permit to ensure
compliance with that standard.

1. Harm To Wildlife Or Freshwater, Estaurine or Marine Fisheries

A. Scope of Review. In determining whether there is substantial
evidence that a proposed activity will not unreasonably harm wildlife or
freshwater., estaurine or marine fisheries, the Board shall consider all
relevant evidence to that effect, such as evidence that:

1. Salt marshes and other critical habitat areas, such as
habitat of rare and endangered wildlife and fish species, will
not be destroyed, filled, or otherwise unreasonably affected.

2. The existing productivity of any coastal wetland will not
be unreasonably affected.

3. Native wildlife species populations will not be unreasonably
affected.

4. Erosion from the proposed activity will not result in the
formation of deposits unreasonably harmful to any fisheries habitat.

5. Evidence that shellfish beds will not be unreasonably affected.
In determining unreasonable effects upon shellfish beds, the Board
may consider any or all of the following:

a. The quality of the water flowing over shellfish beds,
including dissolved oxygen, nutrients, temperature, and
turbidity;

b. Water circulation and depth patterns around and over
shellfish beds;

c. Natural relief of areas containing shellfish; and/or

d. Size and distribution of sediment in areas containing
shellfish.

6. The timing of construction activities takes into consideration
the movements and lifestages of fish, shellfish, and wildlife.

B. Terms and Conditions. The Board may, as a term or condition of
a permit, establish any reasonable requirement to ensure that the proposed
activity will not unreasonably harm wildlife or freshwater, estaurine, or
marine fisheries, such as requiring that:

1. Construction activities be timed to avoid periods of seasonal
fish runs.

2. Construction activities be timed to avoid bird nesting seasons.

3. Shellfish beds be protected by routinely maintaining a culvert
to insure that debris is removed, thereby preventing any unnatural
impoundment of water above the culvert.

After public notice and public hearings held on June 14 and 15, 1979,
the above regulations are hereby adopted this 8th day of August, 1979.

BASIS STATEMENT: These regulations are intended
to explain and clarify the meaning of the harm to
wildlife and fisheries standard of the Coastal
Wetlands Law (38 M.R.S.A. �474) and to set out the
duties, powers, and limitations of the Board and
of permit applicants under that standard.

AUTHORITY: 38 M.R.S.A. �343

EFFECTIVE DATE: November 1, 1979

06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter 347 LOWERING OF WATER QUALITY STANDARD OF THE COASTAL WETLANDS LAW

SUMMARY: These regulations describe the Board's scope of
review in determining an applicant's compliance with the
water quality standard of the Coastal Wetlands Law
(38 M.R.S.A. 9474) and the terms and conditions which the
Board may impose on the granting of a permit to ensure
compliance with that standard.

1. Lowering the Quality of Any Waters

A. Scope of Review. In determining whether there is substantial evidence
that a proposed activity will: not lower the quality of any waters, the Board
shall consider all relevant evidence to that effect, such as evidence that:

1. Sedimentation from the proposed activity will not unreasonably
lower water quality.

2. The existing levels of dissolved oxygen, temperature, salinity,
biochemical oxygen demand, and nutrients will not be unreasonably
affected.

3. The classification of any waters will not be lowered.

4. All appropriate licenses and permits related to water quality,
including a waste discharge license, have been or will be obtained.

B. Terms and Conditions. The Board may, as a term or condition of a
permit, establish any reasonable requirement to ensure that the proposed
activity will not lower the quality of waters, such as requiring that:

1. A bottom sediment analysis be submitted to insure that dredged
material is not contaminated.

2. The composition of fill be limited to specified materials.

After public notice and public hearings held on June 14 and 15, 1979,
the above regulations are hereby adopted this 8th day of August, 1979.

BASIS STATEMENT: These regulations are intended to explain
and clarify the meaning of the lowering of water quality
standard of the Coastal Wetlands Law (38 M.R.S.A. �474) and
to set out the duties, powers, and limitations of the Board
and to permit applicants under that standard.

AUTHORITY: 38 M.R.S.A. 9343

EFFECTIVE DATE: November 1, 1979

MANDATORY ZONING AND SUBDIVISION CONTROL
O

MAINE REVISED STATUTES ANNOTATED
Title 12 �� 4811-4814

� 43811. Shoreland areas Maine Revised Statute
To aid in the fulfillment of the state's role as trustee of its Annotated Title 1
waters and to promote public health, safety and the general wel- s�481 1 -4814
fare, it is declared to be in the public interest that shoreland
areas defined as land within 250 feet of the normal high water
mark of any pond, river or salt water body be subjected to zon- Mandatory Zoninq And
ing and subdivision controls. The purposes of such controls shall
be to further the maintenance of safe and healthful conditions; Subdivision Control
Subdivision Control
prevent and control water pollution; protect spawning grounds,
fish, aquatic life, bird and other wildlife habitat; control build-
ing sites, placement of structures and land uses; and conserve
shore cover, visual as well as actual points of access to inland
and coastal waters and natural beauty.

� 4811 -A_. Definitions
For purposes of this chapter, pond shall include any inland
body of water which has a surface area in excess of 10 acres,
except where such body of water is man-made and in addition is
completely surrounded by land held by a single owner, and except
those privately owned ponds which are held primarily as water-
fowl and fish breeding areas or for hunting and fishing. A river
is defined as any free flowing body of water from that point at
which it provides drainage for a watershed of 25 square miles to
its mouth. The State Planning Office shall prepare and publish
a list of such rivers for the use of the municipalities no later than
November 1, 1973. -

� 4812. Municipal control
Cities and towns pursuant to presently existing enabling leg-
islation are authorized to plan, zone and control the subdivision of
land. With respect to the shoreland areas defined in section
4811, cities and towns, hereafter called municipalities, shall adopt
zoning and subdivision control ordinances according to the fol-
lowing schedule.
1. Prior to July 1, 1973. Prior to July 1, 1973 the munici-
pal officers of each city or town shall have appointed an appro-
priate municipal body with responsibility for preparing such
ordinances as are necessary for compliance with this chapter and
shall certify such appointment to the State Planning Office.
2. Prior to July 1, 1974. Prior to July 1, 1974 each munici-
pality shall have:
A. Prepared a comprehensive plan adequate to comply with
the requirements of Title 30, section 4961 and this chapter
and notified the State Planning Office;
B. Adopted shoreland protection, subdivision and zoning
ordinances adequate to comply with the requirements of this
chapter for shoreland protection and filed a copy of said
ordinances with the State Planning Office.
In order to aid mnunicipalities in meeting the requirements of this chapter.
the Department of Inland Fisheries and Game shall, prior to January 1,
1973, identify all of those areas in municipalities which It finds to be areas
of moderate to high waterfowl breeding areas. Any or all areas within a
municipality which are subject to nonmunicipal zoning controls may be ex-
empted from the operation of this section upon a finding by the Bureau of
Environmental Protection and the Maine Land Use Regulation Commission
that the purposes of this chapter have been accomplished by such nonmu-
nicipal zoning. 94
94

� 4812-A. Requirements � 4812-A
In addition to controls required by this chapter, municipali-
ties may adopt zoning and subdivision controls applicable to oth-
er bodies of water as required to protect the public health, safe-
ty and welfare and further the purposes of this chapter.
Zoning ordinances adopted pursuant to this chapter shall be
pursuant to and consistent with a comprehensive plan.
Zoning ordinances adopted pursuant to this chapter need not
depend upon the existence of a zoning ordinance for all of the
land and water area within a municipality, despite the provisions
of Title 30, section 4962 to the contrary, it being the intention of
the Legislature to recognize that it is reasonable for municipali-
ties to treat specially with shoreland areas and to choose to im-
mediately zone around water bodies rather than to wait until
such time as it enacts zoning ordinances for all of the land with-
in its boundaries. However, the provisions of ordinances, which
zone shoreland areas only, must relate solely to measures neces-
sary to protect and enhance water quality, preserve and enhance
the aesthetics of water bodies and views therefrom, protect
shoreland areas from erosion, protect and preserve that vegeta-
tion and wildlife which is more indigenous to shoreland areas
than areas not associated with water bodies, avoid the problems
associated with floodplain development and use and to encourage
and insure the integrity of points of access to water bodies.
Any other law notwithstanding, when a zoning ordinance adopted in con-
formance with this section requires a written report of soil suitability for sub-
surface waste disposal or commercial or industrial development, such report
shall be prepared and signed by the person who has made the evaluation of
soil properties. Persons qualified to prepare such reports shall be persons
certified by the Department of Health and Welfare, including: Maine- State
Certified Soil Scientists, Maine Registered Professional Engineers, Maine
State Certified Geologists and other persons who have training and experi-
ence specifically in the recognition and evaluation of soil properties and can
provide proof of such training and experience in a manner specified by the
department. The Department of Health and Welfare may promulgate rules
and regulations for the purpose of establishing training and experience stand-
ards required by this paragraph.

� 4812-B. Federal flood Insurance
In addition to controls required by this chapter, mtnicipalIities may extend
or adopt zoning and subdivision controls beyond the limits established by
this chapter in order to protect the public health, safety and welfare anl to
avoid problems associated with flood plain development.
Zoning ordinances adopted or extended pursuant to this section shall be
pursuant to and consistent with a comprehensive plan.
Zoning ordinances adopted or extended pursuant to this section need not
depend upon the existence of a zoning ordinance for all of the land and
water area within a municipality, despite the provisions of Title- 30, section
4962 to the contrary, provided such ordinances are required for entrance of
the municipality into the Federal Flood Insurance Program. Ordinances
or amendments adopted by authority of this section shall not extend beyond
-an area greater than that necessary to comply with the requirements of the
Federal Flood Insurance Program.

� 4813. Municipal failure to accomplish purposes
If any municipality fails to adopt ordinances as required by
section 4812 for shoreland areas as defined in section 4811 or if
the Board of Environmental Protection and the Maine Land Use
Regulation Commission determine that particular municipal or-
dinances because of their laxity and permissiveness do not ade-
quately prevent and control water pollution, protect wildlife hab-
itat, conserve shore cover or otherwise fail to accomplish the
purposes outlined in section 4811, the Department of Environ-
95

mental Protection and the Maine Land Use Regulation Commis- 4813
sion shall, following consultation with the State Planning Office,
with respect to these shoreland areas, adopt suitable ordinances
for these municipalities, which ordinances the respective munici-
palities shall then administer and enforce.
The Department of Environmental Protection and the Maine
Land Use Regulation Commission, acting pursuant to the admin-
istrative direction of the State Planning Office, shall by Decem-
ber 15, 1973 adopt minimum guidelines for the protection of
shoreland areas reflecting considerations of preventing and con-
trolling water pollution, protecting spawning grounds, fish, aqua-
tic life, bird and other wildlife habitat, location and size of struc-
tures and signs and conserving shore cover. The incorporation
of such guidelines into a municipal regulatory ordinance shall be
deemed sufficient to meet the requirements of this section.

� 4814. Cooperation; enforcement
The Board of Environmental Protection and the Maine Land
Use Regulation Commission, municipalities and all state agencies
shall mutually cooperate to accomplish the objectives of this
chapter. To that end, the board and the commission shall consult
with the governing bodies of municipalities and to whatever ex-
tent necessary with other state agencies to secure voluntary uni-
formity of regulations, so far as practicable, and shall extend all
possible assistance therefor. The State Planning Office shall be
responsible for coordinating the efforts and responsibilities of the
Board of Environmental Protection and the Maine Land Use Reg-
ulation Commission acting pursuant to this chapter.
If a municipality fails to administer and enforce zoning
ordinances adopted by it or the State, pursuant to the require-
ments of this chapter, the Attorney General shall seek an
order of the Superior Court of the county in which the munic-
Ipality lies, requiring the municipal officials to enforce such
zoning ordinance. The district attorney may enforce the pro-
visions of a local shoreland zoning ordinance upon the re-
quest of an authorized municipal official. The Attorney
General shall be madea party to all civil and criminal ac-
tions in which the pleadings challenge the legality of any
.ordinance or portion thereof adopted pursuant to the guide-
lines promulgated under section 4813.

Minimum Shoreland Zoning Ordinance

Shoreland Zoning Ordinance for the Town of

Section 1. Purposes

The purposes of this Ordinance are to further the maintenance of safe and healthful
conditions; prevent and control water pollution; protect spawning grounds, fish,
aquatic life, bird and other wildlife habitat; control building sites, placement of
structures and land uses; and conserve shore cover, visual as well as actual points of
access to inland and coastal waters and natural beauty.

Section 2. Applicability

The Ordinance applies to all land areas within 250 feet, horizontal distance, of
the normal high water mark of any pond, river or salt water body as defined.

Section 3. Effective Date

The effective date of this Ordinance is . A certified copy of this
Ordinance shall be filed with the County Register of Deeds, according to the
requirements of State law,

Section 4. Validity and Severability

Should any section or provision of this Ordinance be declared by the courts to be
invalld, such decision shall not invalidate any other section or provision of this
Ordinance.

Section 5. Amendments (Revised, March 28, 1 979)

This ordinance may be amended by majority vote of the legislative body. The
State Planning Office shall be notified by the municipal clerk of amendments
to this ordinance within 30 days after the effective date of such amendments.

Section 6. Districts and the Zoning Map

The areas to which this Ordinance is applicable are hereby divided into the
following districts as shown on the Official Shoreland Zoning Map:

1 . Resource Protection District

2. General Development District

3. Limited Residential-Recreational District

The Official Shoreland Zoning Map, and all future amendments thereto, is hereby
made part of and incorporated into this Ordinance.

Section 7. Interpretation of District Boundaries

Unless otherwise set forth in the Official Shoreland Zoning Map, District boundary
lines are property lines, the centerlines of streets, roads and rights of way, and the
boundaries of the shoreland area as defined herein. Where uncertainty exists as to
exact location of District boundary lines, the Board of Appeals shall be the final
authority as t, location.

Section 8. Non-Conforming Uses (Paragraph B Revised March 28, 1 979)

A. Any lawful use of building, structures, premises, land or parts thereof existing
at the effective date of this Ordinance or amendments thereto and not in
conformance with the provisions of this Ordinance shall be considered to be a
non-conforming use.

B. Any non-conforming use may continue and may be maintained, repaired and
improved. No such non-conforming use may be expanded, changed to another
non-conforming use, replaced, or renewed after it has been discontinued for a
period of 12 calendar months or more, without a permit from the Planning Board
in accordance with the provisions of Section 12-B subsection 6, paragraphs a-i
of this Ordinance. No structure which is less than the required setback from
the normal high water mark shall be expanded toward the water.

C. Any non-conforming lot of record existing before the effective date of this
Ordinance and not adjoined by other land of the same ownership may be used
in accordance with State law and section 10 of this Ordinance.

Section 9. Criteria for Establishing Districts (Item A-3 Revised March 28, 1979)

A. Resource Protection District

The Resource Protection District includes areas in which development would
adversely affect water quality, productive habitat, biotic systems, or scenic
and natural values. This district shall include:

1. Inland or coastal wetlands as defined in Section 13 , and specifically areas
rated as moderate to high-value waterfowl areas by the Department of Inland
Fisheries and Wildlife, as of January 1, 1973.

2. Flood plains as defined by the 100 year flood or the flood of record or, in
the absence of these, by soil types identifiable as recent flood plain soils.

3. Areas having unstable soil subject to slumping, mass movement, or severe
erosion, when these areas are two acres or more in size.

This District may also include:

4. Other significant wildlife habitat;

5. Natural sites of significant scenic or esthetic value.

6. Areas designated by Federal, State or municipal governments as ratural areas
of significance to be protected from development; and

7. Other significant areas which should be included in this district to fulfill the
purposes of this Ordinance.

B. General Development Di'strict

The general development district includes the following types of areas:

1. Areas of two acres or more devoted to intensive residential, recreational,
commercial or industrial activities or combinations of such activities,
including, but not limited to:

a. Transportation rights of way;
b. Communication and utility rights of way;
c. Areas used for the extraction or processing of mineral resources;
d. Areas devoted to: manufacturing, fabricating, wholesaling, ware-
housing or other commercial activities;
e.. Areas devoted to retail trade and service activities;
f. Areas devoted to intensive recreational development and activities;
g. Areas devoted to residential dwelling units at a density of 3 or more
per two acres.
h. Areas devoted to mixed or combined patterns of a through g above.

2. Areas otherwise discernable as having patterns of intensive residential,
recreational, commercial, or industrial uses.

C. Limited Residential-Recreational D~istrict

The Limited Residential-Recreational District includes areas other than those
included in the Resource Protection District, and which are used less intensively
than those included in the General Development District.

Section 10. Uses (Revised, March 28, 1979)

Land Uses permitted in each District, in conformance with the land use standards of
this Ordinance? are shown below:

KEY: Yes - Allowed (no permit required)
No - Prohibited
PB Permit - Requires permit issued by the Planning Board
CEO Permit - Requires permit from Code Enforcement Officer
LPI Permit - Requires permit from Local Plumbing Inspector
* - Subject to specific Land Use Standards, Section !!

D I S T R I C T
Limited
Resource Residential- General
Land Uses Protection Recreational Development

1. Non-intensive recreational uses not
requiring structures, such as hunting,
fishing and hiking yes yes yes
2. Motorized vehicular traffic. on roads
and trails, and snowmobiling yes yes yes
3. Forest management activities except
for timber harvesting yes yes yes
4. Timber harvesting * CEO permit yes yes
5. Fire prevention activities yes yes yes
6. Wildlife management practices yes yes yes
7. Soil & water conservation practices yes yes yes
8. Mineral exploration'* yes yes yes
9. Surveying and Resource analysis yes yes yes
10. Emergency operations as defined yes yes yes
11. Harvesting of wild crops yes yes yes
12. Agriculture * PB permit yes yes
13. Principal structures *
Residential dwelling units . no PB permit PB permit
Commercial structures no no PB permit
Industrial structures no no PB permit
Governmental structures no PB permit PB permit
Institutional structures. no no PB permit
14. Structures accessory to permitted uses * CEO permit CEO permit yes
15. Road construction * PB permit yes yes
16. Small non-residential Facilities for
educational, scientific or nature inter-
pretation purposes PB permit yes yes
17. Public and private parks and recreation
areas involving minimal structural development PB permit yes yes
18. Campgrounds * no PB permit PB permit
19. Piers, docks, wharves, breakwaters,
causeways, marinas, bridges over 20 ft. in
length, and uses projecting into water bodies.
Temporary CEO permit CEO permit CEO permit
Permanent PB permit PB permit PB permit
20. Clearing for approved construction * CEO permit yes yes
21. Essential services accessory to permitted
uses yes yes yes
22. Private sewage disposal systems no LPI permit LPI permit
23. Public utilities, including sewage
collection & treatment facilities PB permit PB permit PB permit
24. Signs * yes yes yes
25. Filling or other earth-moving activity of
less than 10 cubic yds. CEO permit yes yes
26. Filling or other earth-moving activity of
more than 10 cubic yds PB permit CEO permit CEO permit
27. Uses similar to permitted uses CEO permit CEO permit CEO permit
28. Uses similar to uses requiring a CEO permit CEO permit CEO permit CEO permit
29. Uses similar to uses requiring a PB permit PB permit PB permit PB permit

100

Section 11. Land Use Standards

All land use activities shall conform to the following applicable land use standards:

A. Agriculture

1. All spreading or disposal of maTiure shall be accomplished in conformance
with the "Maine Guidelines for Manure and Manure Sludge Disposal on
Land" published by the University of Maine and the Maine Soil and Water
Conservation Commission, in July 1972 or subsequent revisions thereof.

2.. There shall be no tilling of soil within 50 feet of the normal high water
mark of any lake or pond whose shorelands are covered by this Ordinance.

3. Where soil is tilled in a Resource Protection District, or where soil in
excess of 20, 000 sq. ft. lying either wholly or partially within the area
covered by this Ordinance is tilled in a General Development District or
a Limited Residential-Recreational District, such tillage shall be carried
out in conformance with the provisions of a Conservation Plan which meets
the standards of the State Soil and Water Conservation Commission, and is
approved by the appropriate Soil and Water Conservation District. The
number of the plan shall be filed with the Planning Board. Non-conform-
ance with the provisions of such Conservation Plan shall be considered to be
a violation of this Ordinance.

B. Beach Construction

Beach construction on any great pond or coastal wetland shall require a permit
from the Department of Environmental Protection. Beach construction on any
river, stream, or brook capable of floating watercraft shall require approval
from the Commissioner of the Department of Inland Fisheries and Wildlife, as required
by law.

C. Campgrounds

Campgrounds shall conform to the minimum requirements imposed under State
licensing procedures and the following:

1. Camping areas shall contain a minimum of 5,000 square feet of suitable
land, not including roads and driveways, for each site.

2. The area intended for placement of the recreational vehicle, tent, or
shelter and utility and service buildings, shall be set back a minimum
of 75 feet from the normal high water mark of any pond, river, or salt
water body as defined.

D. Clearing

Clearing of trees and conversion to other vegetation is permitted for approved
construction and landscaping. Where. such clearing extends to the shoreline, a
cleared opening or openings not greater than 30 feet in width for every 100 feet
of shoreline (measured along the normal high water mark) may be created in the

101

strip extending 50 feet inland from the normal high water mark and paralleling
the shoreline. Where natural vegetation is removed, it shall be replaced with
other vegetation that is equally effective in retarding erosion and preserving
natural beauty.

E. Erosion and Sedimentation Control (Revised March 28, 1979)

Filling, grading, lagooning, dredging, earth-moving activities, and other land
use activities shall be conducted in such manner to prevent to the maximum
extent possible, erosion and sedimentation of surface waters. On slopes greater
than 25%, there shall be no grading or filling within 100 feet of the normal
high water mark except to protect the shoreline and prevent erosion.

F.. Mineral Exploration

Mineral exploration to determine the nature or extent of mineral resources shall
be accomplished by hand sampling, test boring, or other methods which create
minimal disturbance. A permit from the Planning Board shall be required for
mineral exploration which exceeds the above limitations.

G. Piers, Docks, Wharves, Breakwaters, Causeways, Marinas, Bridges over 20 feet
in length, and Uses Projecting into Water Bodies.

In addition to federal or state permits which may be required for such structures
and uses, they shall conform to the following: i

I. Access from shore shall be developed on soils appropriate for such use and
constructed so as to control erosion.

2. The location shall not interfere with developed beach areas.

3. The facility shall be located so as to minimize adverse effects on fisheries.

4. The facility shall be no larger in dimension than necessary to carry on the
activity and be consistent with existing conditions, use, and character of
the area.

H. Residential Lot Standards (Revised, March 28, 1979)

1. Lots shall meet or exceed the following minimum requirements:

Without Sanitary Sewers With Sanitary Sewers

20,000 square feet 10,000 square feet

2. If more than one residential dwelling unit is constructed on a single parcel,
all dimensional requirements shall be met for each additional dwelling unit.

102

3. A lot abutting a lake, pond, river, stream or tidal water shall have a
minimum shore frontage of 100 feet, measured in a straight line between
the points of intersection of the side lot lines with the shoreline at
normal high water elevation.

4. Structures shall not cover more than 20% of any lot.

I * Road Construction (Revised March 28, 1979)

1. Roads shall be located, constructed, and maintained in such a manner
that minimal erosion hazard results. Adequate provision shall be made
to prevent soil erosion and sedimentation of surface waters.

2. Additionally, all roads constructed shall conform with the following
Standards:

a. Road crossings of watercourses shall be kept to the minimum number
necessary;
b. Bottoms of culverts shall be installed at streambed elevation;
c. All cut or fill banks and areas of exposed mineral soil shall be re-
vegetated or otherwise stabilized as soon as possible; and
d. Bridges or culverts of adequate size and design shall be provided
for all road crossings of watercourses which are to be used when surface
waters are unfrozen. The requirement for a bridge or culvert may be
waived by obtaining a permit from the Planning Board.

J. Sanitary Standards (Revised March 28, 1979)

All subsurface sewage disposal facilities shall be installed in conformance with
the Maine State Plumbing Code and the following:

1. All subsurface sewage disposal systems shall be located in areas of suitable
soil of at least 1 ,000 square feet in size.

2. The minimum setback for subsurface sewage disposal facilities shall be no
less than 100 horizontal feet from the normal high water mark of a water-
body. This requirement shall not be reduced by variance.

K. Signs

The following provisions shall govern the use of signs in the Resource Protection
and Limited Residential- Recreational Districts:

1. Signs and billboards relating to goods and services sold on the premises shall
be permitted, provided such signs shall not exceed six (6) square feet in
area, and shall not exceed two (2) signs per premises. Billboar.s and signs
relating to goods and services not rendered on the premises shalt be prohibited.

103

2. Name signs shall be permitted, provided such signs shall not exceed two
(2) signs per premises.

3. Residential users may display a single sign not over three (3) square feet
in area relating to the sale, rental, or lease of the premises.

4. Signs relating to trespassing and hunting shall be premitted Without
restriction as to number provided that no such sign shall exceed two (2)
square feet in area.

5. No sign shall extend higher than twenty (20) feet above the ground.

6. Signs may be illuminated only by shielded, non-flashing lights.

Soils

1. All land uses shall be located on soils in or upon which the proposed uses
or structures can be established or maintained without causing adverse
environmental impacts, including severe erosion, mass soil movement, and
water pollution, whether during or after construction. Proposed uses
requiring subsurface waste disposal, and commercial or industrial develop-
ment and other similar intensive land uses, shall require a soils report,
prepared by a State-certified soil scientist or geologist based on an on-site
investigation. Suitability considerations shall be based primarily on criteria
employed in the National Cooperative Soil Survey as modified by on-site
factors such as depth to water table and depth to refusal.

M. Structures (Revised March 28, 1979)

1. All structures which are permitted in the Resource Protection and Limited
Residential-Recreational District shall be set back at least 75 feet from the
normal high water mark of any pond, river or salt water body as defined.
This provision shall not apply to structures which require direct access to
the water as an operational necessity, such as piers, docks, and retaining
walls.

2. The first floor elevation or openings of all buildings and structures shall be
elevated at least two feet above the elevation of the 100 year flood, the
flood of record or, in the absence of these, the flood as defined by soil
types identifiable as recent flood plain soils.

N. Timber Harvesting

1. No substantial accumulation of slash shall be left within fifty (50) feet of
the normal high water mark of any pond, river, or salt water body as
defined. At distances greater than fifty (50) feet from the normal high
water mark of such waters and extending to the limits of the area covered
by this Ordinance, all slash shall be disposed of in such a manner that it liesW
on the ground and no part thereof extends more than four feet above the
ground.

104

2. Skid trails, log yards, and other sites where the operation of logging
machinery results in the exposure of substantial areas of mineral soil
shall be located such that an unscarified filter strip is retained between
the exposed mineral soil and the normal high water mark of any pond,
river, or salt water body as defined. The width of this strip shall vary
according to the average slope of the land as follows:

Average Slope of Land. Width of Strip Between
Between Exposed Mineral Exposed Mineral Soil and
Soil and Normal High Normal High Water Mark
Water Mark (percent) (Feet along Surface of the Ground)

0 25
10 45
20 65
30 85
40 105
50 125
60 145
70 165

3. Harvesting operations shall be conducted in such a manner and at such a
time that minimal soil disturbance results. Adequate provision shall be made
to prevent soil erosion and sedimentation of surface waters.

4. Harvesting operations shall be conducted in such a manner that a well-
distributed stand of trees is retained.

5. Harvesting activities shall not create single openings greater than seven
thousand five hundred (7,500) square feet in the forest canopy.

6. In any stand, harvesting shall remove not more than forty (40) percent of
the volume of trees in any ten (10) year period. For the purpose of these
standards, a stand means a contiguous group of trees, sufficiently uniform
in species, arrangement of age classes, and conditions, to be identifiable
as a homogeneous and distinguishable unit.

7. Timber harvesting operations not in conformance with 2, 4, 5, and 6 above
may be allowed by the Planning Board upon approval of a permit granted in
accordance with the provisions of Section 12-B subsection 6, paragraphs a-i
upon a clear showing by the applicant that such an exception is necessary
for proper timber management.

0. Water Quality Protection

No activity shall locate, store, discharge, or permit the discharge of any treated,
untreated, or inadequately treated liquid, gaseous, or solid materials of such
nature, quantity, obnoxiousness, toxicity, or temperature that run off, seep,
percolate, or wash into surface or ground waters so as to contaminate, pollute,
or harm such waters or cause nuisances, such as objectionable shore deposits,
floating or submerged debris, oil or scum, color,odor, taste, or unsightliness
or be harmful to human, anirral, plant, or aquatic life.

105

Section 12. Administration

A. Creation of Administering Bodies and Agents,.

T.Code Enforcement Officer

A Code Enforcement Officer shall be appointed by the Municipal Officers.

2. Board of Appeals

There is hereby created the Board of Appeals for the Town of
pursuant to the provisions of State low.

B. Permits

1. Permits Required

After the effective date of this Ordinance no person shallI engage in any
use of land requiring a permit in the district in which it would occur, or
expand or change an existing non-conforming use, or renew a discontinued
nonconforming use without first obtaining a permit.

2'. Permit-Application

Applications for permits shall be submitted in writing. The Code Enforcement
Officer or Planning Board may require the submission of whatever informatiornf
is necessary to determine conformance with the provisions of this Ordinance.W

3. Plumbing Permit Required Prior to Building Permit

No building permit shall be issued for any structure or use involving the
construction, installation or alteration of plumbing facilities unless a permit
for such facilities has been secured by the applicant or his authorized agent,
according to the requirements of this Ordinance.

4. Procedure for administering permits (Revised March 28, 1979)

Within 30 days of the date of receiving a written application, the Planning
Board or Code Enforcement Officer, as indicated in Section 10, shallI notify
the applicant in writing either that the application is a complete application,
or if the application is incomplete, the specific additional material needed
to make a complete application. All permits shall either be approved or
denied in writing within 30 days of receiving a completed application, in-
cluding all information requested. Permits shall not be denied if the pro-
posed use is found to be in conformance with the provisions of this Ordinance,
Permits may be made subject to reasonable conditions to insure conformity
with the purposes and provisions of this Ordinance. If a permit is denied,
the reasons for the denial shallI be stated in writing. An appeal to the board*
of appeals from an approval or denial of a permit shallI be made within 30 day
of the approval or denial.

106

5. Permits Issued by Code Enforcement Officer

The Code Enforcement Officer shall approve or deny those applications on
which he is empowered to act as shown in Section 10. Approval shall be
granted only if the proposed use is in conformance with the provisions of
this Ordinance.

6. Permits Issued by Planning Board (Revised March 28, 1979)

The Planning Board shall approve or deny those applications on which it is
empowered-to act as stated in this Ordinance. The Planning Board shall,
after the submission of a complete application including all information
requested, grant a permit if it makes a positive finding based on the
information presented to it that, except as specifically exempted in this
Ordinance, the proposed use:

a. Will not result in unsafe or unhealthful conditions;
b. Will not result in erosion or sedimentation;
c.. Will not result in water pollution;
d. Will not result in damage to spawning grounds, fish, aquatic life,
bird and other wildlife habitat;
e.. Will conserve shoreland vegetation;
f. Will conserve visual points of access to waters as viewed from public
facilities;
g. Will conserve actual points of public access to waters;
h. Will conserve natural beauty;
i. Will avoid problems associated with flood plain development and use;
and
i. is in conformance with the provisions of Section 11, Land Use Standards.

C. Appeals to Board of Appeals. (Revised March 28, 1979)

1. Variance Appeals

A copy of all. variances granted by the Board of Appeals shall be submitted
to the State Planning Office. The Board of Appeals may, upon written
application of the affected landowner, grant a variance from the strict appli-
cation of the Ordinance under the following conditions:

a. The strict application of the terms of this Ordinance would result in
undue hardship to the applicant. The term "undue hardship" shall mean-

1. that the land in question cannot yield a reasonable return unless
a variance is granted;

2. that the need for a variance is due to the unique circumstances
of the property and not to the general conditions in the neighborhood;

3. that the granting of a variance will not alter the essential character
of the locality; and

107

4, that the hardship is not the result of action taken by the applicant
or a prior owner.

6. The Board of Appeals, based on clear and convincing evidence presentes
to it, makes a finding that the proposed use would meet the provisions
of Section 12-B, subsection 6, paragraphs a-i.

A variance is authorized only for dimensional requirements. A variance
shall not be granted to permit a use or structure otherwise prohibited.

2. Administrative Appeals

The Board of Appeals may, upon written application of an aggrieved party
and after public notice, hear appeals from determinations of the Planning
Board or Code Enforcement Officer in the administration of this Ordinance.
Such hearings shall be held in accordance with State laws. Following such
hearing, the Board of Appeals may reverse the decision of the Planning Board
or Code Enforcement Officer only upon a finding that the decision is clearly
contrary to specific provisions of this Ordinance.

3. Appeal to Superior Court

An appeal may be taken within thirty days after any decision is rendered
by the Board of Appeals, by any party to Superior Court in accordance with
State law.

D. Enforcement

1. Nuisances

Any violation of this Ordinance shall be deemed to be a nuisance.

2. Code Enforcement Officer

It shall be the duty of the Code Enforcement Officer to enforce the pro-
visions of this Ordinance. If the Code Enforcement Officer shall find that
any provision of this Ordinance is being violated, he shall notify in writing
the person responsible for such violation, indicating the nature of the
violation and ordering the action necessary to correct it, including dis-
continuance of illegal use of land, buildings, structures, or work being
done, removal of illegal buildings or structures, and abatement of nuisance
conditions. A copy of such notices shall be maintained as a. permanent
record.

3. Legal Actions

When the above action does not result in the correction or abatement of th
violation or nuisance condition, the Municipal ODfficers, upon notice fromW
the Code Enforcement Officer, are hereby authorized and directed to

1 08

institute any and all actions and proceedings, either legal or equitable,
including seeking injunctions of violations and the imposition of fines,
that may be appropriate or necessary to enforce the provisions of this
Ordinance in the name of the municipality.

4. Fines

Any person who continues to violate any provision of this Ordinance after
receiving notice of such violation shall be guilty of a misdemeanor subject
to a fine of up to $100.00 for each violation. Each day such a violation
is continued is a separate offense.

Section 13. Definitions

Terms not defined herein shall have the customary dictionary meaning. As used in this
Ordinance, the following definitions shall apply:

Water Related Terms

A. Pond

Any inland body of water which has a surface area in excess of 10 acres,
except where such body of water is man-made and in addition is completely
surrounded by land held by a single owner, and except those privately owned
ponds which are held primarily as waterfowl and fish breeding areas or for
hunting and fishing.

B. River

Any free flowing body of water'from that point at which it provides drainage
for a watershed of 25 square miles to its mouth.

C. Normal High Water Mark of Coastal Waters

That line on the shore of tidal waters reached by the shoreward limit of the
rise of the medium tides between the spring and the neap.

D. Normal High Water Mark of Inland Waters

That line on the shores and banks of non-tidal waters which is apparent
because of the contiguous different character of the soil or the vegetation
due to the prolonged action of the water. Relative to vegetation, it is that
line where the vegetation changes from predominantly aquatic to predominantly
terrestrial (by way of illustration, aquatic vegetation includes but is not
li'mited to the following plants and plant groups - water lily, pond lily,
pickerelweed coattail, wild rice, sedges, rushes, and marsh grasses; and
terrestrial vegetation includes but is not limited to the following plants
and plant groups - upland grasses, aster, lady slipper, wintergreen,
partridge berry, sasparilla, pines, cedars, oaks, ashes, alders, elms, and
maples). In places where the shore or bank is of such character that the
high water mark cannot be easily determined (rockslides, ledges, rapidly
eroding or slumping banks) the normal high water mark shall be estimated
from places where it can be determined by the above method.
109

Forest Management Terms

E. Forest Management Activities

Timber cruising and other forest resources evaluation activities, management
planning activities, insect and disease control, timber stand improvement,
pruning, timber harvesting and other forest harvesting, regeneration of forest
stands, and other similar associated activities, but not the construction or
creation of roads.

F. Timber Harvesting

The cutting and removal of trees from their growing site, and the attendant
operation of cutting and- skidding machinery but not the construction or
creation of roads. Timber harvesting does not include the clearing of land
for approved construction,

Road Terms

G. Road,

Aroute or track consisting of a bed of exposed mineral soil,. gravel, asphalt,
or other surfacing material constructed for or created by the repeated passage
of motorized vehicles.

Wetland Terms.

H. Coastal WetI and

Any swamp, marsh, bog, beach, flat or other land above extreme low water
which is subject to tidal action.

I. Inland Wetland

Areas enclosed by the normal high water mark of inland waters and areas
otherwise identified on the basis of soils, vegetation-, or other criteria as
inland wetlands including but not limited to swamps, marshes or bogs.

Structure Terms

J. Structure

Anything built for the support, shelter, or enclosure of persons, animals,
goods, or property of any kind.

K. Principal Structure

The structure in which the primary use of the lot is conducted.

L. Accessory Structure

A structure of a nature customarily 'ricidental or subordinate to that of the
principal structure or the primary -to which thie premises are devoted.

Mo. Residential Dwelling Unit

A room or group of rooms designed and equipped exclusively for use as
permanent, seasonal, or tempory living quarters for only one family.
The term shall include mobile homes.

N. Piers, Docks, Wharves, Breakwaters, Causeways, Marinas, Bridges Over
20 feet in Length, and Uses Projecting Into Water Bodies.

Temporary: Structures which remain in the water for less than seven
months in any period of twelve consecutive months.

Permanent: Structures which remain in the water for seven months or
more in any period of twelve consecutive months.

0. Aggrieved Party

A person whose land is directly or indirectly affected by the grant or denial
of a permit or variance under this Ordinance, a person whose- land abuts
land for which a permit or variance has been granted, or a group of five
or more citizens of the municipality who represent an interest adverse to
the grant or denial of such permit or variance.

P. Emergency Operations

Emergency operations shall include operations conducted for the public health,
safety or general welfare, such as protection of resources from immediate
destruction or loss, law enforcement, and operations to rescue human beings
and livestock from the threat of destruction or injury.

Q. Recent Flood Plain Soils

Recent flood plain soils include the following soils as described and identified
by the National Cooperative Soil Survey:

Alluvial land
Hadley silt loam
Limerick silt loam
Ondawa fine sandy loam
Podunk fine sandy loam
Rumney fine sandy loam
Saco silt loam
Suncook loamy sand
Winooski silt loam

R.. Privy

A pit in the ground into which human excrement is placed.

S. Essential Services

Gas, electrical, communication facilities, steam, fuel or water supply,
transmission, or distribution systems.
111

State of Maine Guidelines for Municipal Shoreland
Zoning Ordinances, Dec. 15, 1973

Changes

Section 5. --Change to read:

"This ordinance may be amended by majority vote of the legislative body.
The State Planning Office shall be notified by the municipal clerk of amend-
ments to this ordinance within 30 days after the effective date of such amend-
ments,"

Explaration: As currently written, Section 5 does not require notification of
whether proposed changes are enacted or not. The orgininal intent of prior
notification by certified mail was to give the State an opportunity to worn a
municipality that an intended change would result in a State-imposed shoreland
zoning ordinance. To date, however, there has been no opportunity to use the
prior notification requirement for this purpose.

Section 8-8. - Change to read:

"Any non-conforming use may continue and may be maintained, repaired and
improved. No such non-conforming use may be expanded, changed to another
non-conforming use, replaced, or renewed after it has been discontinued for a
period of 12 calendar months or more, without a permit from the Planning Board
in accordance with the provisions of Section 12-B subsection 6, paragraphs a-i
of this Ordinance. No structure which is less than the required setback from the normal
high water mark shall be expanded toward the water.

Explanation: This change would clarify the fact that a non-conforming use may be
replaced if a permit is obtained from the Planning Board. It also would clarify the
fact that when the setback requirement is not met, the Planning Board may not permit
a further reduction of the existing setback.

Section 9-A-3 - Change to read:

"Areas having unstable soil subject to slumping, mass movement, or severe erosion,
when these areas are two acres or more in size."

Explanation: This change would eliminate the requirement that steep slopes in
excess of 25% be placed in the Resource Protection District. Steep slopes are not
necessarily fragile environmental areas, particularly along rocky areas of the coast.
Moreover, some lots in areas of predominantly steep slopes have been shown to con-
tain plateaus of sufficient dimension to allow the installation of a subsurface sewage
disposal system in conformance with Plumbing Code requirements.

� These chanqes are recommended for those municipalities with a municipally
enacted shoreland zoning ordinance or its equivalent. The changes have
already' been incorporated into State-imposed shorel6r-d zoning ordinances.
112 ta

Section 10. - Add to Key

"LPI Permit - Requires permit from Local Plumbing Inspector".

Explanation: See following explanation.

Section 10. - Change item 22 to read:

"Private Sewage Disposal Systems No LPI Permit LPI Permit"

Explanation. This change would allow the plumbing inspector, rather than the
code enforcement officer, to issue permits for subsurface sewage disposal systems.
In some communities, the LPI and the CEO are two different people, and this has
resulted in citizens having to obtain a permit from two different local officials for
the same system. This change is also consistent with the proposed change to
Section 11-J, which makes reference to the Plumbing Code.

Section 10. - Add to item 13-

"Governmental structures No PB Permit PB Permit
Institutional structures No No. PB Permit"

Explanation: The Guidelines are currently silent about whether these types of
structures are permitted or not. This change would eliminate the silence.

Section 11-E. - Delete the second sentence, and add.the following:

On slopes greater than 25%, there shall be no grading or filling within 100
feet of the normal high water mark except to protect the shoreline and prevent erosion.

Explanation: This change would eliminate reference to the Environmental Qual ity
Handbook, which has proven to be unworkable and not relevant to most shoreland
zoning projects. It would also prohibit grading and filling near water bodies on those
slopes most likely to result in erosion and sedimentation.

Section 1!-H. - Change paragraph 2 to read:

"If more than one residential dwelling unit is constructed on a single parcel, all
dimensional requirements shall be met for each additional dwelling unit."

Explanation: This change would increase the frontage requirement when two or more
dwellings are constructed on a single parcel. Under the current wording, only the
lot size has to be increased..

Section 11-1. - Delete the second sentence of paragraph 1.

Explanation: This change would delete reference to the pamphlet "Permanent Logging
Roads for Better Woodlot Management," as this pamphlet does not contain enforceable,
numerical standards for constructing roads.
113

Section 1I-J. - Delete paragraphs 1, 2, and 3, and replace with:

"All subsurface sewage disposal facilities shall be installed in conformance with
the Maine State Plumbing Code and the Following:

1. All subsurface sewage disposal systems shall be located in areas of suitable
soil of at least 1,000 square feet in size.

2. The minimum setback for subsurface sewage disposal facilities shall be no
less than 100 horizontal feet from the normal high water mark of a waterbody.
This requirement shall not be reduced by variance.

Explanation: The current wording of the Guideline is inconsistent with the
Plumbing Code which has been strengthened considerably since the Guidelines
were originally adopted. However, retention of the above two provisions will
help insure that new systems will not result in water pollution.

Section 11-M. - Change to read as follows:

"All structures which are permitted in the Resource Protection and Limited Residential-
Recreational District shall be set back at least 75 feet from the normal high water
mark of any pond, river or salt water body as defined, This provision shall not apply
to structures which require direct access to the water as an operational necessity, such
as piers, docks, and retaining walls."

Explanation. This change would require that. principal and accessory structures in
the Resource Protection and Limited Residential-Recreational District be set back
75 feet from the normal high water mark. This change also makes clear the original
intent of the Guidelines to allow only those structures which are permitted in the
Resource Protection District to be 75 feet back. Under the current wording, some
individuals had mistakenly interpreted the reference to "principal structure" to
mean that residential dwelling units were permitted in the Resource Protection
District..

Section 12-B-4 - Change to read:

"4. Procedure for administering permits

Within 30 days of the date of receiving a written application, the Planning
Board or Code Enforcement Officer, as indicated in Section 10, shall notify
the applicant in writing either that the application is a complete application,
or if the application is incomplete, the specific additional material needed
to make a complete application. All permits shall either be approved or denied
in writing within 30 days of receiving a completed application, including
all information requested. Permits shall not be denied if the proposed use is
found to be in conformance with the provisions of this Ordinance. Permits
may be made subject to reasonable conditions to insure conformity with the
purposes and provisions of this Ordinance. If a permit is denied, the reasons
for the denial shall be stated in writing. An appeal to the board of appeals
from an approval or denial of a permit shall be made within 30 days of the
approval or denial." 114

Explanation: This change is proposed in order to spell out more clearly the procedures
to be followed in processing permit applications.

Section T2-8-6 - Change "may" to "shall" in the secf,nd sentence.

Explanation: This change would require that the Planning Board issue a permit if
it finds that the applicant meets all of the requirements of the ordinance.

Section 12-B-7 - Delete

Explanation: This paragraph-, which allowed the Planning Board to attach con-
ditions to permits, is no longer needed, since this would be covered by the change
in paragraph 4 above.

Section 12-C. - Change the heading to read "Appeals to Board of Appeals."

Explanation: This change would make it clear that variance appeals and administra-
tive appeals both fall under the category of appeals to the Board of Appeals.

Section 12-C-1 - Change to read:

. Variance Appeals

A copy of all variances granted by the Board of Appeals shall be submitted to
the State Planning Office. The Board of Appeals may, upon written application
of the affected landowner, grant a variance from the strict application of the
Ordinance under the following conditions:

a. The strict application of the terms of this Ordinance would result in undue
hardship to the applicant. The term "undue hardship" shall mean:

1. that the land in question cannot yield a reasonable return unless a
variance is granted;-

2. that the need for a variance is due to the unique circumstances of the
property and not to the general conditions in the neighborhood;

3. that the granting of a variance will not alter the essential character
of the locality; and

4. that the hardship -is not the result of action taken by the applicant or
a prior owner.

b. The Board of Appeals, based on clear and convincing evidence presented to it,
makes a finding that the proposed use would meet the provisions of Section 12-B,
subsection 6, paragraphs a-i.

A variance is authorized only for dimensional requirements. A variance shall
not be granted to permit a use or structure otherwise prohibited."

1 1 9

Explanation: This change would bring the criteria for granting variances into line
with current statutory wording. In addition, the change would allow the Board of
Appeals to grant variances for dimensional requirements other than those for lot area,
lot coverage by structures, and setbacks. The current wording may be too restrictive
because it would prohibit the Board from granting a variance from dimensional require-
ments such as those for lot frontage, even though a genuine hardship may exist.

Section 12-C-2 - Amend the heading to read "Administrative Appeals."

Explanation: This change would clarify the fact that paragraph 2 applies only to
administrative appeals, and not variance. appeals.

116

LAND USE REGULATION LAW

MAINE REVISED STATUTES ANNOTATED
Title 12 �� 681-689

� 81. Purpose and scope Maine Revised Statute
Annotated, Title 12
' 681 - 689
The Legislature finds that it is desirable to extend principles of sound plan-
ning, zoning and subdivision control to the unorganized and deorganized
townships of the State: To preserve public health, safety and general wel- Land U
fare; to prevent inappropriate residential, recreational commercial and indus-
trial uses detrimental to the proper use or value of these areas: to prevent the
intermixing of incompatible industrial, commercial, residential and recrea-
tional activities; to provide for appropriate residential, recreational, commer-
cial and industrial uses; to prevent the development in these areas of sub-
standard structures or structures located unduly proximate to waters or
roads; to prevent the despoliation, pollution and inappropriate use of the
water in these areas; and to preserve ecological and natural values.
In addition, the Legislature declares it to be in the public in-
terest, for the public benefit and for the good order of the people
of this State, to encourage the well planned and well managed
multiple use of land and resources and to encourage the appropri-
ate use of these lands by the residents of Maine and visitors, in
pursuit of outdoor recreation activities, including, but not limited
to, hunting, fishing, boating, hiking and camping.

� 682. Definitions
As used in this chapter, unless the context otherwise indi-
cates, the following terms shall have the following meanings:
1. Unorganized and deorganized areas. Unorganized and
deorganized areas shall include all areas located within the juris-
diction of the State of Maine, except areas located within orga-
nized cities and towns, and Indian reservations.
2. Subdivision. A subdivision is a division of an existing
parcel of land into 3 or more parcels or lots within any 5-year
period, whether this division is accomplished by platting of the
land for immediate or future sale, or by sale of the land by metes
and bounds or by leasing.
No sale or leasing of any lot or parcel shall be considered a sub-
division, if such lot or parcel is not less than 40 acres in size,
except where the intent of such conveyance is to avoid the objec-
tives of this statute.

3. Building. Buildir. shall mean any structure having a
roof, partial roof supported Av columns or walls used or intended
to be used for the shelter or enclosure of persons, animals or ob-
jects regardless of the matc-r:ais of which it is constructed.

4. Structure. Structure shall mean anything construc-
ted or erected with a fixed location on or in the ground, or
attached to something having a fixed location on or in the
ground, including, but not limited to, buildings, mobile
homes, walls, fences, billboards, signs, piers and floats, It
shall not include a wharf, fish weir or trap that may be
licensed under Title 38, chapter 9.

5. Accessory use or accessory structure. Accessory use or
accessory structure shall irniude a use or structure subordinate
to a permitted or conditionl use or structure and customarily
incidental to the permitted c- conditional use of the structure.

6. Person. Person sh-e mean an individual, firm, associa-
tion, organization, partners-i, trust, company, corporation, state 117
agency or other legal entitvy.

7. Development. Developnent shall mean any land use ac-
tivity or activities directed ward using, reusing or rehabilitating
air space, land, water or othe-r natural resources, excluding, how-
ever, such specific uses or c.asses and categories of uses as the
commission may by regulatin determine do not need regulating
to achieve the purpose, inter.: and provisions of this chapter.

8. Land use district. Land use district shall mean the area
located within the boundar- s of air, land or water delineated
vertically or horizontally t- the commission for distinct cate-
gories of use.

9. Nonconforming structure. Nonconforming structure
shall mean a structure, laf-fll/y existing at the time of adoption
of district regulations or s?-sequent amendment made thereto,
that does not conform to the district regulations.

10. Nonconforming use. Nonconforming use shall mean a
use of air, land, water or na-tural resources or a parcel of land,
lawfully existing at the tire of adoption of district regulation or
subsequent amendments rmade thereto, that does not conform to
the district regulations.

� 683. Creation of Maine Lald Use Regulation Commis-
sion

To carry out the purposes stated in section 681 there is created, within the
Department of Conservation, the Araine Land Use Regulation Commission,
hereinafter in this chapter called the -"commission." The commission is
charged with implementing this chapter in all of the unorganized and de-
organized areas of the state. The commission shall consist of 7 public mem-
bers, none of whom shall be state employees, who shall be appointed by the
Governor, subject to review by the Joint Standing Committee on Natural Re-
sources and to confirmation by the Legislature, for stagered 4-year terms.
Among the public members, there shall be 4 who shall be knowledgeable in at
least one of the following areas: Commerce and industry; fisheries and
wildlife; forestry; and conservation. Of the potential appointees to the com-
mission, the Governor shall give consideration to persons residing in or near
the unorganized areas of the State.
Of the initial appointees, 2 shall be appointed for one-year terms, 2 shall
be appointed for 2-year terms and 2 shall be appointed for 3-year terms.
Thereafter appointees shall be appointed to serve 4-year terms. One of the
members shall be elected annually by the members as chairman.

� 684. Commission officers, meetings and rules; hearings

The commission shall elect annually, from its own membership, a secretary
and such other officers it deems necessary. Meetings shall be held at the
call of the chairman or at the call of more than � of the membership. Such
public meetings shall be held at least once a month. The commission, acting
in accordance with the procedures set forth in Title 5, chapter 375, subchapter
II,1 may adopt whatever rules it deems necessary for the conduct of its busi-
ness. The secretary shall keep minutes of all proceedings of the commission,
which minutes shall be a public record available and on file in the office
of the commission. Members of the commission, except state employees,
shall receive $40 per day for their services at meetings or hearings and all
members shall receive necessary traveling expenses for attending any meet-
ings of the commission or for any travel in connection with the official busi-
ness of the commission and under specific authority of the commission, which
traveling expenses shall- be paid out of the General Fund. A quorum of the
commission for the transaction of business shall be 4 members. No action
shall be taken by the commission unless upon approval by a vote of 4 mem-
bers.

118

Whenever the commission is required or empowered to con- 684
duct a hearing pursuant to any provision of law, such hearing
may be held and conducted by the commission or by any member
of the commission or by any qualified employee or representative
of the commission as the commission chairman may determine.
If the hearing is conducted by a single commissioner or qualified
employee or representative, such commissioner, employee or rep-
resentative shall report his findings of fact and conclusions to the
commission together with a transcript of the hearing and all ex-
hibits. Such findings of fact and conclusions shall become a
part of the record. The commission shall not be bound by such
findings or conclusions when acting upon such record, but shall
take such action, issue such orders and make such decisions as
if it had held and conducted the hearing itself.

� 685. Comnission budget, financing and executive director

The Commissioner of Conservation shall prepare a biennial budget and shall
submit to the Legislature requests for appropriations sufficient to carry out
its assigned tasks. The commission may accept contributions of any type
from any source to assist it in carrying out its assigned tasks, and make such
requirements in respect to the administration of such funds, not inconsistent
with this subchapter, as are required as conditions precedent to receiving such
funds, federal or otherwise. The commission shall give public notice of all
contributions, in the state paper, stating the source, the amount and the pur-
pose of such contributions. The commission may contract with municipal,
State and Federal Governments or their agencies to assist in the carrying
out of any of its assigned tasks.- The Commissioner of Conservation, with
the consent of a majority of the commission, shall appoint a director who
shall be the principal administrative, operational and executive employee of
the commission. The director shall attend all meetings of the commission
and be permitted to participate fully but shall not be a voting member of the
commission. The director with the approval of the Commissioner of Conser-
vation may hire whatever competent professional personnel and other staff he
deems necessary and he may obtain office space, goods and services as re-
quired.

� 685- A. Land use districts and standards

i, Classification and districting of lands. The commission, acting on princi-
ples of sound land use planning and development, shall determine the bound-
aries of areas within the unorganized and deorganized portions of the State
that fall into land use districts and designate each area in one of the following
major district classifications: Protection, management and development. The
commission, acting in accordance with the procedures set forth in Title 5,
chapter 375, subchapter II,1 shall enact regulations for determining the bound-
aries of each major type of district in accordance with the following stand-
ards.
A. Protection districts: Areas where development would
jeopardize significant natural, recreational and historic re-
sources, including, but not limited to, flood plains, precipitous
slopes, wildlife habitat and other areas critical to the ecology
of the region or State.
B. Management districts: Areas which are appropriate for
commercial forest product or agricultural uses and for which
plans for additional development are not presently formu-
lated nor additional development anticipated.
C. [Blank]
D. Development districts: Areas discernible as having patterns of in-
tensive residential, recreational,' commercial or industrial use, or com-
mercial remoral of minerals or other natural resources, and areas ap-
propriate for designation as development districts when measured
against the purpose, intent and provisions of this chapter.
In addition to delineating the major district classifications listed,
the commission may delineate such subclassifications as may be
119

deemed necessary and desirable to carry out the intent of this d 685-A
chapter.
2. Interpretation of district boundaries. Where uncertainty
exists as to the boundaries of districts as shown on the official
land use maps the following shall apply:
A. Boundaries indicated as approximately following center
lines of public or private roads shall be construed to follow
such center lines.
B. Boundaries indicated as following railroad lines shall
be construed to be midway between the 2 outermost rails.
C. Boundaries indicated as approximately following prop-
erty lines, township or county lines shall be construed as
following such lines.
D. Boundaries indicated as following shorelines shall be
construed to follow such shorelines, and in event of natural
change in the shorelines, shall be construed as moving with
the normal high water mark; boundaries indicated as follow-
ing the center lines of streams, rivers, canals, lakes or other
bodies of water shall be construed to follow such natural cen-
ter lines.
E. Boundaries indicated as approximately following ridge
lines or specific contour lines shall be construed to follow such
lines.
F. Boundaries indicated as parallel to or as extensions of
features indicated in paragraphs A to E shall be so construed.
G. Where physical or cultural features existing on the
ground are at variance with those shown on the official land
use maps or in other circumstances not covered by para-
graphs A to F, the commission shall interpret the district
boundaries.

3. Land use standards. The commission, acting on principles of sound
land use planning and development, shall prepare land use standards prescrib-
ing the standards for the use of air, lands and waters. Except as provided in
this chapter, these standards shall be adopted by the commission in accord-
ance with the procedures set forth in Title 5, chapter 375, subchapter II.
In addition to the purposes set forth in section 681, the land use
standards shall:
A. Encourage the most desirable and appropriate use of
air, land and water resources consistent with the comprehen-
sive land use plan;
B. Protect public health by reduction of noise, air pollution,
water pollution and other environmental intrusions;
C. Protect and preserve significant natural, scenic and his-
toric features where appropriate, beneficial and consistent
with the comprehensive land use plan;
D. Advise and assist the Department of Transportation and
other concerned agencies in transportation planning and op-
eration;
D-1. Provide for safe and appropriate loading, parking and
circulation of land, air and water traffic;
E. Encourage minimal adverse impact of one use upon the
use of surrounding areas by setting standards of perform-
ance describing desirable and acceptable levels of operation
in connection with any use and its relation to surrounding
areas, including provisions for the eventual amelioration of
existing adverse impact;
120

F. Reflect a consideration of the availability and capability � 685-A
of the natural resources base, including soils, topography
or sufficient healthful water supplies.

4. Land use guidance standards considered as minimum
requirements. Land use standards shall be interpreted and ap-
plied by the commission as minimum requirements, adopted to
reasonably and effectively promote health, safety and general
welfare and insure compliance with state plans and policies.
Whenever the requirements of the adopted land use standards are
at variance with the requirements of any other lawfully adopted
rules, regulations, standards, ordinances, deed restrictions or
covenants, the more protective of existing natural, recreation and
historic resources shall govern.
Any portion of a land use district which subsequently becomes an organized
municipality or part of an organized municipality or any plantation which
adopts planning, zoning and subdivision control as provided in Title 30, sec-
tion 5621, shall continue to be regulated by the Land Use Regulation Commis-
sion pursuant to this chapter. until such time as the municipality or planta-
tion of which the regulated district is then a part, shall adopt land use plans
and regulations not less protective of the existing natural, recreational or his-
toric resources than those adopted by the commission. For a time period of 4
years after initial commission approval of these plans and regulations, any
revisions or amendments to the adopted plan and regulation that are less pro-
tective than those in the adopted plan shall be submitted to the Land Use
Regulation Commission for approval.
Any municipality organized after September 23, 1971, or any plantation which
adopts planning, zoning and subdivision control as provided in Title 30,
section 5621, may submit to the commission and receive the approval of the
commission of the following:.
A. A comprehensive land use plan for such plantation or proposed city
or town;
B. Standards for determining land use district boundaries and uses per-
mitted within such districts in such plantation or proposed city or town;
C. A land use district boundary map for such plantation or proposed
city or town;
D. Such other proposed regulations or standards as the commission
deems to, be necessary to achieve the purpose, intent and provisions of
this chapter; and
E. Upon request of the municipality or plantation, the commission shall
prepare such plans, maps, regulations and standards as it may deem
necessary to meet minimum planning and zoning standards for its ap-
proval thereof.
Upon obtaining the foregoing approval, the plantation, city or town shall
thereafter adopt, administer and enforce such approved plans, maps, regu-
lations and standards.

5. Considerations, application and exemptions. No land
use standard shall deprive any owner or lessee or subsequent own-
er or lessee of any interest in real estate of the use to which it is
lawfully devoted at the time of adoption of said standard. Year-
round and seasonal single family residences and operating farms
in existence and use as of September 23, 1971, while so used, and
new accessory buildings or structures or renovations of such
buildings or structures which are or may be necessary to the sat-
isfactory and comfortable continuation of these residential and
farm uses shall be exempt from the requirements of section 685-B,
subsection 1.
Land use standards adopted pursuant to this chapter for man-
agement districts shall in no way limit the right, method or man-
ner of cutting or removing timber or crops, the construction and
maintenance of hauling roads, the operation of machinery or the
erection. of buildings and other structures used primarily for
agricultural or commercial forest product purposes, including tree
farms.
121

In adopting district boundaries and land use stardards, the com- � 685-A
mission shall give consideration to public and private planning
reports and other data available to it, and shall give weight to
existing uses of land and to any reasonable plan of its owner as to
its future use.

6. Interim district boundaries and land use standards. Pri-
or to the adoption of permanent district boundaries and land use
standards as provided in subsections I and'3, the commission shall
by January 1, 1975 adopt and enforce interim land use standards
for temporary districts whose boundaries shall be determined and
delineated on interim land use maps.
Interim districts and land use standards shall be delineated and
related, insofar as practicable and reasonable, to reflect existing
uses and conditions.
Interim districts and land use standards shall be adopted after
public hearings as provided in subsection 7.
Interim districts and land use standards shall be effective no more
than 48 months from the date first adopted. The adoption of per-
manent districts or land use standards shall supersede interim dis-
tricts or standards.
In addition to the criteria stated in paragraph A. of subsection 1, no bounda-
ries for any protection district or subdistricr relating to deer wintering habitat
may be adopted unless the following requirements are met:
A. The Department of Inland Fisheries and Game has met with the land-
owner for the purpose of reaching agreement as to the areas to be desig-
nated. The terms of any such agreement shall be reported to the commis-
sion by the department. If the parties were unable to agree, the substance
of and reasons for such disagreement shall be 'reported to the commission
by the department and the landowner;
B. In absence of agreement, in addition to the other requirements of this t
subchapter, a wildlife biologist of the Department of Inland Fisheries and
Game shall substantiate the proposed protection district or subdistrict for
wintering habitat, by the results of on-the-ground observation during a
period of winter conditions when such areas are used for cover by the deer.
If the foregoing provisions work an undue hardship on the Department of
Inland Fisheries and Game so that they are unable to substantiate these areas
as deer wintering habitats, said areas shall continue to he designated as
interim P-4 districts or subdistricts until the required on-the-ground obser-
vations are conducted.
7. Hearings and procedures. Within 45 days after the proposed land use
district boundaries or standards are prepared or received by the commis-
sion. the commission shall hold a public hearing at a time and place con-
venient to persons affected by the proposal
At least 45 days prior to holding a public hearing on proposed land use dis-
trict boundaries, the commission shall give notice of the hearing to the own-
ers of directly affected lands by mail, according to their names and addresses
as shown on the records of the Bureau of Taxation and plantation tax asses-
sors.
That notice shall state a citation of the statutory authority under which the
maps or standards are proposed to be adopted, the purpose, time and place
of the hearing, the time and place where copies of the proposed maps or
-standards may be Inspected or obtained prior to the hearing, and the manner
and time within which comments may be submitted to the commission for
consideration.

122

At least 30 days prior to all hearings held under this subsection, notices shall j 685-A
be sent to appropriate state and federal agencies. Public notice shall be given
by 3 publications in the state paper and such other daily papers published
in the State as is determined will bring the proposals to the attention of in-
terested parties; the date of the first publication to be at least 30, and the
last publication to be at least 3, days prior to the hearing.
At hearings, interested owners, lessees, officials, agencies and individuals
may appear and be heard. They shall further be allowed at least 15 days fol-
lowing the public hearing to file written statements with the commission.
Except as provided in this chapter, any hearings required or authorized un-
der this subsection or subsection 8 shall be conducted in accordance with
the requirements for rule-making set forth in Title 5, chapter 375, subchapter
II; provided that the requirements of Title 5, section 8052, subsection 5.
section 8056, subsections 1, 3 and 4 and section 8057, subsection 2, shall not
apply to these procedures.
The commission, acting in accordance with Title 5, chapter 375, subchapter II,
shall adopt, and may amend and repeal, rules for the conduct of public hear-
ings held under this section, including adjournments and continuations there-
of. A complete verbatim recording shall be made of all hearings held pur-
suant to this section.
The land use district boundaries or standards shall be adopted within 45 days
from final adjournment of the hearing.
Land use maps and standards so adopted shall become effective 15 days after
their adoption by the commission, provided the applicable requirements of the
MIaine Administrative Procedure Act,2 as modified by this chapter, are met,
and provided the maps and standards are available in the appropriate regis-
try of deeds for each county. Notice of this adoption of land use maps, stan-
dards or amendments thereto shall be given by publication once in those
newspapers in which notice to the public is provided for under this subsec-
tion. Notice of this adoption shall also be filed with the Secretary of State
indicating, in addition, that current copies of land use maps and standards
are on file in the commission's offices- and the methods by which copies may
be obtained.
Permanent land use standards so adopted shall be effective immediately, but
shall be submitted to the next regular or special session of the Legislature
for approval or modification. If the Legislature fails to act, such standards
shall continue in full force and effect.
8. Amendments to district boundaries and standards. The commission,
of its own accord, may initiate and any state or federal agency, or any prop-
erty owner or lessee, may petition for a change in the boundary of any land
use district or for amendments to any land use standard.
The commission shall, within 45 days of receipt of such petition, either ap-
prove the proposed amendment, deny the proposed amendment or schedule
a public hearing thereon in the. manner provided in subsection 7. The
notification procedures set forth in Title 5, section 8053, shall not be
required prior to the commission's action upon a petition by a landowner
for revision to the district boundaries within his ownership unless the com-
mission determines to hold a hearing prior to acting upon the petition; pro-
vided that, in any case, notice shall be given to all abutting land owners.
No change in a district boundary shall be approved, unless there is substan-
tial evidence that:
A. The change would be consistent with the standards for district
boundaries in effect at the time; the comprehensive land use plan; and
the purpose, intent and provisions of this chapter; and
B. The change in districting will satisfy demonstrated need in the com-
munity or area-and will have no undue adverse impact on existing uses or
resources or a new district designation is more appropriate for the pro-
tection and management of existing uses and resources within the affected
area.
No amendment to land use standards shall be approved unless there is sub-
stantial evidence-that:
A. The change would better serve the purpose, intent and provisions of
this chapter and would be consistent with the comprehensive land use
plan.
Amendments to land use standards so adopted shall be effective immediately
but shall be submitted to the next regular or special session of the Legisla-
ture for approval or modification. If the Legislature fails to act, such stand-
ards shall continue in full force and effect.

9. Periodic review of district boundaries and land use stand-
ards. At the end of each 5 years following initial adoption of
permanent land use standards and districts, the commission shall
make a comprehensive review of the classification and delineation

123

of districts of the land use standards. The assistance of appropri- 685-A
ate state agencies shall be secured in making this review and pub-
lic hearings shall be held in accordance with the requirements set
forth in subsection 7.

ID. Special exceptions and variances. The commission may approve the
issuance of a special exception permit in strict compliance with this chapter
and the iegulations and standards adopted pursuant thereto. The commis-
sion may grant a variance where the commission finds that strict compliance
with the regulations and standards adopted by this commission would cause
unusual hardship or extraordinary difficulties because of exceptional or
unique conditions of topography, access, location, shape, size or other physical
features of the site, that the proposed development is in keeping with the
general spirit and intent of this chapter and the public interest is other-
v-.se protected.

11. Public service corporation exemptions. Real estate used
or to be used by a public service corporation may be wholly or
partially exempted from regulation to the extent that the com-
mission may not prohibit such use but may impose terms and con-
ditions for use consistent with the purpose of this chapter, when,
upon timely petition to the Public Utilities Commission and after
a hearing, the said commission determines that such exemption
is necessary or desirable for the public welfare or convenience.

� 685 -B. Development review and approval
1. Review and approval required.
A. No structure or part thereof shall be erected, changed,
converted, or wholly or partly altered or enlarged in its use
or structural form other than normal maintenance or repair,
without a permit issued by the commission.
B. No person shall commence development of or construc-
tion on any lot or parcel within any subdivision or sell or of-
fer for sale any interest in any lot or parcel within any sub-
division without a permit issued by the commission.
C. No person shall commence any construction or opera-
tion of any development without a permit issued by the
commission.
The commission may waive the requirement of a hearing for any person
having received approval by the Board of Environmental Protection pur-
suant to the Site Location of Development Law, Title 38. sections 481 to
488.
Approval by the commission that the proposed development meets the re-
quirements of subsection 4, and of the land use standards, rules and regu-
lations adopted by the commission shall be a sufficient basis to support,
but shall not require, a finding by the administering agency that the de-
velopment meets the requirements of the Site Location of Development
Law, Title 38, sections 481 to 488, the Minimum Lot Size Law, sections
4807 to 4807-G, the Wetlands Law, Title 38, sections 471 to 478, the
,Great Ponds Law, Title 38, chapter 3, subchapter 1, Article 1-A 1 or the
Stream Alteration Law, sections 2206 to 2212 and-the rules and regula-
tions adopted with respect to any of such statutes, as any of such stat--
utes, rules or regulations may apply. Disapproval by the commission
shall be a sufficient basis to support, but shall not require, a finding by
the administering agency that the proposed development does not meet
the requirements of the Site Location Development Law, Title 38, sec-
tions 481 to'488, the Minimum Lot Size Law, sections 4807 to 4807-G, the
Wetlands Law, Title 38, sections 471 to 478, the Great Ponds Law, Title
38, section 422, or the Stream Alteration Law, sections 2206 to 2212 and
the rules and regulations adopted with respect to any such statutes, as
any of such. statutes, rules or regulations may apply.
The commission may establish standardls within which authority may
be delegated to its staff, to approve with reasonable conditions or deny
applications submitted hereunder. Any person aggrieved by a decision
of the staff shall have the right to a review of such decision by the com-
mission members.

124

The commission shall establish coordination and assistance procedures for g 685-B
all land use permits issued by agencies of the State for proposed develop-
ment within the unorga/nized townships and plantations. Such procedures
shall, to the extent practicable, ensure: The availability to the public of
necessary information concerning such land use permits; the provision of
assistance to applicants in obtaining such permits from such agencies;
the coordination of application procedures, time schedules, application
forms and similar requirements so as to reduce delay and duplication of
effort by applicants and the issuing agencies. Such permit. issuing agen-
cies shall cooperate with the commission in the development and effectua-
tion of such coordination and assistance procedures.

2. Application for approval. The application forms for ap-
proval, as provided by the commission, shall be completed and
signed by the applicant and shall be accompanied by the follow-
ing:
A. A plan of the proposed structure, subdivision or devel-
opment showing the intended use of the land, the proposed
change, the details of the project and such other information
as may be required by the commission to determine conform-
ance with applicable land use standards;

B. The fee prescribed by the commission rules, such fee to be the greater
of $10 or R4o of 1% of the total construction costs;
3. Hearings and procedures. Any person aggrieved by a decision of the com-
mission or its- staff concerning any matter nlpon which no hearing was held
may petition the comnlission for a hearing, within 30 dlays of such decision.
The commission shall respond to the request within 30 days of receipt there-
of by notifying the petitioner ill writing of the date, time and place set for
the requested hearing or of tile denial of the request.
The commission may determine on its own motion to hold a hearing on an
application, nll which event it shall hold the hearing within 45 days of re-
ceiving the application. At least 15 days prior to the hearing. notices of
the date, time and place thereof shall be sent to the applicant and to appro-
priate state and federal agencies. Any hearing held under this subsection
shall not be considered an adjudicatory proceeding, subject to Title 5, chap-
ter 375, subchapter IV.2 Public notice shall be given 3 publications in the
state paper and such daily papers published in the State as is determined
will bring the proposals to the attention of all interested parties; the date
of the first publication to be at least 10, and tile last publication to be at least
3, days prior to the hearing.
The commission, acting in accordance with Title 5, chapter 375, subchapter
II, shall adopt, and may amend and repeal, rules of conduct of hearings and
shall make a complete verbatim recording of all hearings held pursuant to
this section.
Within 45 days after the commission adjourns any hearing held under this
subsection, it shall make findings of fact and issue an order granting or de-
nying approval to the applicant to construct, develop or operate the structure,
subdivision or development as proposed or granting such approval upon such
reasonable terms and conditions as the commission may deem appropriate.
In the event that tile commlissioll determines to act upon an application for
approval without hearing, within 30 days of receipt of the application, the
commission shall approve, with such terms and condlitions as deemed neces-
sary, or disapplove the application.
In the event of a decision for disapproval, the commission shall notify the
applicant and specify the grounds of disapproval and inform him of any right
he may have to request a hearing.
4. Criteria for approval. In approving applications submitted to it pur-
Sululnt to this se.tion, tile commission may impose such reasonable terms and
conditions as the commission Imay deenm appropriate.
''The commission shall approve no application, unlless:
A. Adequate technical and financial provision has been made for
complying with the requirements of the state's air and water pollution
control anld other environmental laws, and those standards and regula-
tions adopted with respect thereto, including-vithout limitation the Site
Location of Development Law, Title 38, sections 481 to 488, the 3Minimum
Lot Size Law, sections 4S07 to 4807-G, the Wetlands Law, Title 38, sec-
.. tions 471 to 478, the Great Ponds Law, Title 38, chapter 3, subchapter 1,
Article 1-A, and the Stream Alteration Law, sections 2206 to 2212, for
solid waste disposal, for controlling of offensive odors and for the secur-
ing and maintenance of sufficient healthful water supplies; and
B. Adequate provision has been made for loading, parking
and circulation of land, air and water traffic, in, on and from
the site, and for assurance that the proposal will not cause
congestion or unsafe conditions with respect to existing or
proposed transportation arteries or methods, and
125

C. Adequate provision has been made for fitting the pro- � 685-B
posal harmoniously into the existing natural environment in
order to assure there will be no undue adverse effect on ex-
isting uses, scenic character and natural and historic re-
sources in the area likely to be affected by the proposal,
and
D. Uses of topography, soils and subsoils meet standards
of the current soil suitability guide for land use planning in
Maine, or which are adaptable to the proposed use pursuant
to said guide and will not cause unreasonable soil erosion or
reduction in the capacity of the land to absorb and hold wa-
ter, and
E. The proposal is otherwise in conformance with this
chapter and the regulations, standards and plans adopted
pursuant thereto.
F. In the case of an application for a structure upon any
lot in a subdivision, that the subdivision has received the ap-
proval of the commission.
The burden is upon the applicant to demonstrate by substantial
evidence that the criteria for approval are satisfied, and that the
public's health, safety and general welfare will be adequately pro-
tected.
5. Limitation, expiration, transfer and revocation of ap-
proval. Commission authorization pursuant to this section shall
permit only the arrangement and construction set forth in the
approval as issued. Change in use, arrangement or construction
shall be considered a violation of this chapter and punishable as
provided in this chapter.
A violation of any condition attached to a commission approval or permit,
or any change in use, arrangement or construction from that approved, shall
he deemed a violation of this chapter and, in addition to any other penal-
ties or remedies prescribed herein or otherwise provided by laNw, shrill con-
:titte groumnds for the revocation or suspension of this approval. The conm-
mission may, acting in accordance with Title 5, section 10003, amend, modify
or refuse to renew any commission approval or permit wbhere the commis-
sion determines that the criteria for approval set forth in subsection 4, para-
graphs A to F, have not been, are not being. or wvill not be satisfied.
6. Recording of approved proposals. A copy of each ap-
plication, marked approved or disapproved, shall be retained in
the commission files and shall be available to the public during
normal business hours.
In the event the commission approves an application for subdivi-
sion approval, a copy of an approved plat or plan and a copy of
the conditions required by the commission to be set forth in any
instrument conveying an interest within the subdivision attested
to by an authorized commission signature shall be filed with the
appropriate registry of deeds in the county in which the land
lies.
A register of deeds shall not record a copy of conditions or any
plat or plan purporting to subdivide land located within the un-
organized and deorganized lands of the State, unless the com-
mission's approval is evidenced thereon.
The grantee of any conveyance of unrecorded subdivided land or
subdivided land recorded in violation of this section may recover
the purchase price, at interest, together with damages and costs
in addition to any other remedy provided by law.

7. Nonconforming uses and nonconforming structures. To
achieve the purposes set forth in this chapter after the adoption
of permanent district standards and permanent districts, the
commission may regulate and prohibit expansion and undue per-
126

petuation of nonconforming uses. Specifically the commission � 685-B
may regulate and prohibit:
A. Changes in nonconforming uses to another nonconform-
ing use;
1B. Extension or enlargement of nonconforming uses or non-
conforming structures;
C. Resumption of nonconforming uses, by prohibiting such
resumption if such use is' discontinued for 2 years or aban-
doned; and
D. Movement or enlargement of a nonconforming structure
or of a structure containing a nonconforming use.
The commission may also provide for the termination of com-
mercial or industrial nonconforming uses by specifying in land
use standards the period or periods in which nonconforming uses
shall be terminated and by adjusting such compulsory termina-
tions so as to allow reasonable time for the conversion of such non-
conforming uses and reasonable schedules for the amortization
of investment.
Any use for which a special exception has been granted by the
commission, as provided for in section 685-A, subsection 10, shall
not be deemed a nonconforming use, but shall be deemed a con-
forming use in such district.

8. Certificates of compliance. It shall be unlawful to use
or occupy or permit the use or occupancy of any land, struc-
ture, or part thereof, created, erected, changed, converted, or
wholly or partly altered or enlarged in its use or structural form,
requiring subsequent review and approval pursuant to this sub-
chapter, until a certificate of compliance has been issued there-
for by the commission stating that the requirements and condi-
tions of approval have been met.
A certificate of compliance may contain such terms and condi-
tions as will protect the health, safety and general welfare of the
occupants, users and the public.
The commission may establish standards within which authority
shall be delegated to its staff, to issue or deny certificates of com-
pliance. Any person aggrieved by a decision of the staff shall
have the right to a review of such decision by the commission
members within 30 days of such decision.

� 685- C. Miscellaneous provisions
1. Comprehensive land use guidance plan. Not later than
January 1, 1975 the commission shall adopt an official compre-
hensive land use plan for the unorganized and deorganized town-
ships of the State.
Such plan shall guide the commission in developing specific land
use standards and delineating district boundaries and guiding de-
velopment and generally fulfilling the purposes of this chap-
ter.
The plan may consist of maps, data and statements of present and
prospective resource uses which generally delineate the proper
use of resources, and recommendations for its implementation.
The commission may hold public hearings to collect information to
be used in establishing the land use guidance plan. The public
hearings will be conducted according to commission rules adopt-
ed in accordance with procedures for the establishment of rules

127

and regulations pursuant to Title 5, Chapter 375, $ubch5f� 685-C
The commission may, on its own motion or petition of any state
agency or regional planning commission, hold such other hearings
as it may deem necessary from time to time for the purpose of
obtaining information helpful in the determination of its policies,
the carrying out of its duties, or the formulation of its land use
standards or rules and regulations.
The commission shall adopt no plan or portion of a plan, un-
less:
A. The tentative plan has been submitted to each regional
planning commission and other appropriate agencies, which
shall forward their comments and recommendations, if any,
to the commission within 30 days, and
B. The tentative plan has been submitted to the State Plan-
ning Office, pursuant to Title 5, section 3305, subsection 1,
paragraph G, which shall forward its comments and recom-
mendations, if any, to the commission within 30 days, and
C. The commission has considered all such comments.
Upon adoption of the official land use plan by the commission, it
shall submit the plan to the Governor for approval. The Governor
shall approve or disapprove the plan, plans or any portion of a
plan within 30 days of receipt. If the Governor fails to act, the
plan shall be deemed approved. This subsection shall also apply
to any alteration in the comprehensive plan.

2. Land use guidance and planning manual. The commis-
sion shall prepare, maintain and distribute from time to time a
land use guidance and planning manual setting forth:
A. A copy of this chapter, together with all amendments
thereof and other applicable legislation;
B. Examples of land use planning policies, standards, maps
and documents prepared in conformance with the purposes of
this chapter;
C. An explanation and illustrative examples of the land
use standards and procedures authorized in this chapter;
D. Other explanatory material and data which will aid
landowners in the preparation of their plans in conformance
with the procedures, rules and standards authorized in this
chapter.
The commission shall, from time to time, confer with interested
parties with a view toward insuring the maintenance of such man-
ual in the form most useful to those making use of it.
Sections of this manual may be cited in any plan or standard in
the same manner as citations of this chapter, and may be incor-
porated by reference in any plan, standard, rule or regulation.
3. Schedule of fees. The commission shall establish and
amend a schedule of reasonable fees for the administration of this
chapter. The fees shall be adopted and amended, in accordance
with procedures for the establishment of rule and regulations
pursuant to Title 5, Chapter 375, sub chapter 21.
No approval, certificate, special exception or variance shall be
issued, unless or until such fees established by the commission
have been paid in full, nor shall any action be taken on proceed-
ings before the commission, unless or until preliminary fees have
been paid in full.
4. Repealed.

128

5. Additional powers and duties. In order to implement � 685-C
this chapter, the commission may, in addition to its powers and
duties previously authorized in this chapter:
A.. Adopt rules tb interpreitand 'arry out-this chapter in accordance
with Title 5, chapter 375, subchapter II, unless otherwise provided by this
chapter;

B. Have the power to compel attendance of witnesses, and
require production of evidence;
C. Designate or establish such regional offices as it deems
necessary;
D. Designate or request other appropriate agencies to re-
ceive application, provide assistance, investigations and make
recommendations;
E. By rule allow joint hearings to be conducted with other
appropriate agencies;
F. Execute contracts and other agreements to carry out its
purposes.

6. Adjustments of assessing practices. Upon adoption of
district boundaries and land use standards, a certified copy of
each official land use guidance map, delineating district bounda-
ries, and associated land use standards shall be filed with the
State Tax Assessor.

7. Time periods. In computing the period of time to per-
form any act under these rules, the first day on which an act may
be performed shall not be included but the last day of the period
shall be included, unless it is a Saturday, Sunday or holiday in
which event the period shall be extended until the next business
day.
A holiday is any day appointed as such by the President or Con-
gress of the United States, or the Governor or Legislature of the
State of Maine.

8. Enforcement, inspection and penalties for violations.
Standards, rules, regulations and orders issued by the commis-
sion pursuant to this chapter shall have the force and effect of
law. No development may be undertaken, except in conformance
with this chapter, the standards, rules, regulations and orders
enacted or issued pursuant to this chapter, and any real estate
or personal property existing in violation of such shall be a nuis-
ance. For the purposes of inspection and to assure compliance
with standards, orders and permits issued or adopted by the com-
mission, authorized commission staff or consultant personnel may
conduct such investigations, examinations, tests and site evalua-
tions deemed necessary to verify information presented to it, and
may obtain access to any lands and structures regulated pursuant
to this chapter.
A violation of any provision of this chapter or the rules promul-
gated hereunder is punishable by a fine of up to but not more
than $500 for each day of the violation.
In addition to the other penalties provided, the commission may, in the name
of the State of Miaine, institute any appropriate action, injunction or other
proceeding to prevent, restrain, correct or abate any violation hereof or orders
or of the standards, rules or regulations promulgated hereunder. This
action may include, but is not limited to, proceedings to revoke or sus-
pend any commission permit or approval, taken either before the commis-
sion itself in accordance with Title 5, section 10004, before the Administra-
tive Court in accordance with Title 4, sections 1152 to 1157, or, notwithstand-
ing the provisions of Title 4, section 1151, subsection 2, or Title 5, section
10051, before the Superior Court as part of an enforcement action brought
by the commission.
129

A person who willfully or knowingly falsifies any statement con- � 685-C
tained in the certification required, shall be punished by a fine
of up to but not more than $500.

� 689. Appeal
Persons aggrieved by final actions of the commission, including without
limitation any final decision of the commission with respect to any applica-
tion for approval or the adoption by the commission of any district boundary
or amendment thereto, may appeal therefrom in accordance with Title 5,
Chapter 375, subchapter VIL. This right of appeal, with respect to any com-
mission action to which this right may apply, shall be in lieu of the rights'
provided under Title 5, section 8058, subsection 1.

130

LAND SUBDIVISIONS LAW

MAINE REVISED STATUTES ANNOTATED
Title 30 � 4956

� 4956. Land subdivisions MieRvsdSaue
1. Defined. A subdivision is the division of a tract or p noar-,Tnte3
cel of land into 3 or more lots within any'5-year period, which 4956
period begins after September 22, 1971, whether accomplished
by sale, lease, development, buildings or otherwise, provided that
a division accomplished by devise, condemnation, order of court, Land Subdivisions Law
gift to a person related to the donor by blood, marriage or adop-
tion, unless the intent of such gift is to avoid the objectives of
this section, or by transfer of any interest in land to the owner
of land abutting thereon, shall not be considered to create a lot or
lots for the purposes of this section.
In determining whether a tract or parcel of land is divided into
3 or more lots, the first dividing of such tract or parcel, unless
otherwise exempted herein, shall be considered to create the
first 2 lots and the next dividing of either of said first 2 lots, by
whomever accomplished, unless otherwise exempted herein, shall
be considered to create a 3rd lot, unless both such dividings are
accomplished by a subdivider who shall have retained one of
such lots for his own use as a single family residence for a peri-
od of at least 5 years prior to such 2nd dividing. Lots of 40 or
more acres shall not be counted as lots.
For the purposes of this section, a tract or parcel of land is de-
fined as all contiguous land in the same ownership, provided
that lands located on opposite sides of a public or private road
shall be considered each a separate tract or parcel of land unless
such road was established by the owner of land on both sides
thereof.
2. Municipal review and regulation.
A. All requests for subdivision approval shall be reviewed
by the municipal planning board, agency or office, or if
none, by the municipal officers, hereinafter called the mu-
nicipal reviewing authority.
B. The municipal reviewing authority may, after a public
hearing, adopt additional reasonable regulations governing
subdivisions which shall control until amended, repealed or
replaced by regulations adopted by the municipal legislative
body. The municipal reviewing authority shall give at least
7 days' notice of such hearing.
C. On all matters concerning subdivision review, the mu-
nicipal reviewing authority shall maintain a permanent rec-
ord of all its meetings, proceedings and correspondence.
C-i. Upon receiving an application, the municipal review-
ing authority shall issue to the applicant a dated receipt.
Within 30 days from receipt of an application, the munici-
pal reviewing authority shall notify the applicant in writing
either that the application is a complete application or, if
the application is incomplete, the specific additional materi-
al needed to make a complete application. After the munic-
ipal reviewving authority has determined that a complete ap-
plication has been filed, it shall notify the applicant and be-
gin its full evaluation of the proposed subdivision.
D. In the event that the municipal reviewing authority de-
termines to hold a public hearing on an application for sub-
division approval, it shall hold such hearing within 30 days
of receipt by it of a completed application, and shall cause
notice of the date, time and place of such hearing to be giv-
en to the person making the application and to be published
in a newspaper of general circulation in the municipality in
1 31

which the subdivision is proposed to be located, at least 2- 4956
times, the date of the first publication to be at least 7 days
prior to the hearing.
The municipal reviewing authority shall, within. 30 days of a
public hearing or within 60 days of receiving a completed appli-
cation, if no hearing is held, or within such other time limit as
may be otherwise mutually agreed to, issue an order denying or
granting approval of the proposed subdivision or granting ap-
proval upon such terms and conditions as it may deem advisable
to satisfy the criteria listed in subsection 3 and to satisfy any
other regulations adopted by the reviewing authority, and to
protect and preserve the public's health, safety and general wel-
fare. In all instances, the burden of proof shall be upon the per-
sons proposing the subdivisions. In issuing its decision, the re-
viewing authority shall make findings of fact establishing that
the proposed subdivision does or does not meet the foregoing
criteria.

3. Guidelines. When promulgating any subdivision regula-
tions and when reviewing any subdivision for approval, the plan-
ning board, agency or office, or the municipal officers, shall con-
sider the following criteria and before granting approval shall
determine that the proposed subdivision:
A. Will not result in undue water or air pollution. In
making this determination it shall at least consider: The el-
evation of land above sea level and its relation to the flood
plains, the nature of soils and subsoils and their ability to
adequately support waste disposal; the slope of the land
and its effect on effluents; the availability of streams for
disposal of effluents; and the applicable state and local
health and water resources regulations;
B. Has sufficient water available for the reasonably fore-
seeable needs of the subdivision;
C. Will not cause an unreasonable burden on an existing
water supply, if one is to be utilized;
D. Will not cause unreasonable soil erosion or reduction in
the capacity of the land to hold wvater so that a dangerous
or unhealthy condition may result-,
E. Will not cause unreasonable highway or public road
congestion or unsafe conditions with respect to use of the
highways or public roads existing or proposed;
F. Will provide for adequate sewage waste disposal;
G. Will not cause an unreasonable burden on the ability of
a municipality to dispose of solid waste and sewage, if mu-
nicipal services are to be utilized;
H. Repealed. 1973, c. 465, � 3.
L. Will not have an undue adverse effect on the scenic or
natural beauty of the area, aesthetics, historic sites or rare
and irreplaceable natural areas;
J. Is in conformance with a duly adopted subdivision regu-
lation or ordinance, comprehensive plan, development plan,
or land use plan, if any; and
H. The subdivider has adequate financial and technical ca-
pacity to meet the above stated standards.
L. Whenever situated, in whole or in part, within 250 feet
of any pond, lake, river or tidal waters, will not adversely
affect the quality of such body of water or unreasonably af-
fect the shoreline of such body of water.
132

M. Will not, alone or in conjunction with existing activities, adversely , 4956
affect the quality or quantity of ground water.
3-A. Access to direct sunlight. The planning board, agency or office or
the municipal officers may, for purposes of protecting and assuring access to
direct sunlight for solar energy systems, prohibit, restrict or control develop-
ment through subdivision regulations. The regulations may eall for subdivi-
sion deve!opmnent plans containing restrictive covenants, height restrictions,
side yard and setback requirements or other permissible forms of land use con-
trols.

4. Enforcement. No person, firm, corporation or other le-
gal entity may sell, lease, develop, build upon or convey for con-
sideration, offer or agree to sell, lease, develop, build upon or
convey for consideration any land in a subdivision which has not
been approved by the municipal reviewing authority of the mu-
nicipality where the subdivision is located and recorded in the
proper registry of deeds, nor shall such person, firm, corporation
or other legal entity sell or convey any land in such approved
subdivision unless at least one permanent marker is set at one
lot corner of the lot sold or conveyed. The term "permanent
marker" includes but is not limited to the following: A granite
monument, a concrete monument, an iron pin or a drill hole in
ledge. No subdivision plat or plan shall be recorded by any reg-
ister of deeds which has not been approved as required. Ap-
proval for the purpose of recording shall appear in writing on
the plat or plan. No public utility, water district, sanitary dis-
trict or any utility company of any kind shall install services to
any lot in a subdivision for which a plan has not been approved.
Any person, firm, corporation or other legal entity who
sells, leases, develops, builds upon, or conveys for consideration,
offers or agrees to sell, lease, develop, build upon or convey for
consideration any land in a subdivision which has not been ap-
proved as required by this section shall be punished by a fine of
not more than $1,000 for each such occurrence. The Attorney
General, the municipality, the planning board of any municipali-
ty or the appropriate municipal officers may institute proceed-
ingg to enjoin the violations of this section and if a violation is
found by the court, the municipality, municipal planning board
or the appropriate municipal officers may be allowed attorney
fees.

5. Exemptions. This section shall not apply to proposed
subdivisions approved by the planning board or the municipal
officials prior to September 23, 1971 in accordance with laws
then in effect nor shall it apply to subdivisions as defined by
this section in actual existence on September 23, 1971 that did
not require approval under prior law or to a subdivision as de-
fined by this section, a plan of which had been legally recorded
in the proper registry of deeds prior to September 23, 1971.
The division of a tract or parcel as defined by this section into 3
or more lots and upon all of which lots permanent dwelling
structures legally existed prior to September 23, 1971 is not a
subdivision.
The dividing of a tract or parcel of land and the lot or lots so
made, which dividing or lots when made are not subject to this
section, shall not become subject to this section by the subse-
quent dividing of said tract or parcel of land or any portion
thereof, however, the municipal reviewing authority shall con-
sider the existence of such previously created lot or lots in re-
viewing a proposed subdivision created by such subsequent di-
viding.

133

SITE LOCATION OF DEVELOPMENT
O

MAINE REVISED STATUTES ANNOTATED
Title 38 H 481-490

� 481. Findings and purpose Maine Revised Statute
The Legislature finds that the economic and social well-be- Annotated, Title 38
ing of the citizens of the State of Maine depend upon the loca- � � 481 - 490
tion of state, municipal, quasi-municipal, educational, charitable,
commercial and industrial developments with respect to the nat-
ural environment of the State; that many developments because Site Location of
of their size and nature are capable of causing irreparable dam-
age to the people and the environment in their surroundings; Development
that the location of such developments is too important to be
left only to the determination of the owners of such develop-
ments; and that discretion must be vested in state authority to
regulate the location of developments which may substantially
affect environment.
The purpose of this subchapter is to provide a flexible and
practical means by which the State, acting through the Board of
Environmental Protection, in consultation with appropriate state
agencies, may exercise the police power of the State to control
the location of those developments substantially affecting local
environment in order to insure that such developments will be
located in a manner which will have a minimal adverse impact
on the natural environment of their surroundings and protect the
health, safety and general welfare of the people.

� 482. Definitions
As used in this subchapter, unless the context otherwise indicates, the fol-
lowing terms shall have the following meanings.

1. Board. "Board" means the Board of Environmental
Protection.

2. Development which may substantially affect the environment. :"Devel-
opment which may substantially affect the environment," in this Article
called "development," means any state, municipal, quasi-municipal, educa-
tional, charitable, commercial or industrial development, includling subdivi-
sions, which oecupies'a land or water a[reat in excess of 20 acres, or wvhiclh
contemplates drilling for or excavating natural resources, on land or ulder
water where the area affected is in excess of i0,000 sqtnire feet, or which is
a mining activity, or which is a; structure; but excluding state highways,
state aid highways, and, borrow pits for sand, fill or gravel, of less than 5
acres or when regulated by the D)epartmnet of Transportatioll.
No person shall construct or can.ue to be constrlucted or operate or cause to be
operated, or in the case of a subdivision sell, offer for sale, or cause to be
sold, any development requiring approval under section 4S3 without first hav-
ing obtained approval for such construction, operation or sale from the Board
of Environmental Protection.
2-A. Exploration. "Exploration" means an activity solely intended to de-
termnine the existence, quality anlld quantity of product provided less thall
1,000 cubic yards of product is extracted or removed within 12 successive
months.
2-B. Mining activity. "Mining activity" means the breaking of the sur-
face soil in order to facilitate or accomplish the extraction or removal of
more than 1,000 cubic yards of product or overburden from the earthl within
12 successive calendar months; any activity or process that for the ex-
traction or removal of the product or overburden; and the preparation, wash-
ing, cleaning or other treatment of that protiuct so as to makle it suitable for
commercial, industrial or construction use, but shall not include excavation or
grading preliminary to a construction project.
3. Natural environment of a locality. "Natural environ-
ment of a locality" includes the character, quality and uses of
land, air and waters in the area likely to be affected by such de-
velopment, and the degree to which such land, air and waters
are free from non-naturally occurring contamination.
3-A. Overburden; "'Overburtlenl" mneals earth alld other materials natural-
ly lying over the product to be mined.

134

4. Person. "Person" means any person, firm, association, � 482
partnership, corporation, municipal or other local governmental
entity, quasi-municipal entity, state agency, educational or char-
itable organization or institution or other legal entity.
4-A. Product. "Prodcet" means clay, peat, stone minerals, ores, topsoils
or other solid matter.
4-B. Reclamation. "Rechullation" meanls the rehabilitation of the area of
land affected by mining luder a plan approved by the board, including, bnt
not limited to, the creation of :lakes or poulls, Nwhere practicable, the planting
of forests, tile seeding cf grasses and leglmes for grazing purposes, the plant-
ing of crops for harvest and the enhancement of wildlife annt aquatic rI-
sources, but not including the filling in of pits. shafts and underground Nwork-
ings with solid materials.
5. Subdivision. A "subdivision" is the division of a parcel
of land into 5 or more lots to be offered for sale or lease to the
general public during any 5-year period if such lots make up an
aggregate land area of more than 20 acres except for the follow-
ing:
A. All the lots are at least 10 acres in size;
B. All the lots are at least 5 acres, and the municipality
has adopted additional regulations governing subdivisions
pursuant to Title 30, section 4956, and the lots less than 10
acres are of such dimensions as to accommodate within
the boundaries of each a rectangle measuring 200 feet and
300 feet, which abuts at one point the principal access way
or the lots have at least 75 feet of frontage on a cul-de-sac
which provides access; or
C. All the lots are at least 5 acres, but do not make up a
total of more than 100 acres and the lots less than 10 acres
are of such dimensions as to accommodate within the
boundaries of each a rectangle measuring 200 feet and 300
feet, which abuts at one point the principal access way or
the lots have at least 75 feet of frontage on a cul-de-sac
which provides access.
6. Structure. A "structure" shall mean:
A. A building or buildings on a single parcel constructed
or erected with a fixed location on or in the ground or at-
tached to something on or in the ground which occupies a
ground area in excess of 60,000 square feet, or
B. Parking lots, roads, paved areas, wharves or areas to be
stripped or graded and not to be revegetated which causes a
total project, including any buildings to occupy a ground
area in excess of 3 acres.

� 483. Notification required; board action; administrative
appeals
Any person intending to construct or operate a development
shall, before commencing construction or operation, notify the
board in writing of his intent and of the nature and location of
such development, together with such information as the board
may by regulation require. The board shall within 30 days of
receipt of such notification, either approve the proposed develop-
ment, upon such terms and conditions as are appropriate and
reasonable, or disapprove the proposed development setting forth
the reasons therefor or schedule a hearing thereon in the manner
hereinafter provided.

135

Any person as to whose development the board has issued 483
an order without a hearing may request, in writing, within 30
days after notice, a hearing before the board. Such request
shall set forth, in detail, the findings and conclusions of the
board to which such person objects, the bases of such objections
and the nature of the relief requested. Upon receipt of such re-
quest, the board shall schedule and hold a hearing limited to the
matters set forth in such request. Such hearing shall be sched-
uled in accordance with section 484.

�484. Hearings; orders; construction suspended
In the event that the board determines to hold a hearing on
a notification submitted to it pursuant to section 483, it shall*
hold such hearing within 30 days of such determination, and
shall cause notice of the date, time and place thereof to be given.
At such hearing the board shall solicit and receive testimo-
ny to determine whether such development will in fact substan-
tially affect the environment or pose a threat to the public's
health, safety or general welfare. The board may at such hear-
ing also receive testimony on the economic effect of such devel-
opment.
The board shall approve a development proposal whenever
it finds that:
1. Financial capacity. The developer has the financial ca-
pacity and technical ability to meet state air and water pollution
control standards, and has made adequate provision for solid
waste disposal, the control of offensive odors, and the securing
and maintenance of sufficient and healthful water supplies;
2. Traffic movement. The developer has made adequate
provision for traffic movement of all types out of or into the de-
velopment area;
3. No adverse effect on the natural environment. The de-
veloper has made adequate provision for fitting the development
harmoniously into the existing natural environment and that the
development will not adversely affect existing uses, scenic char-
acter, or natural resources in the municipality or in neighboring
municipalities.
4. Soil types. The proposed development will be built on
soil types which are suitable to the nature of the undertaking.
In case of a permanently installed power generating facility
of more than 1,000 kilowatts or a transmission line carrying 100
kilovolts or more proposed to be erected within this State by an
electrical company or companies, the proposed development, in
addition to meeting the requirements of subsections 1 to 4, shall
also have been approved by the Public Utilities Commission un-
der Title 35, section 13-A.
In the event that an electric company or companies file a
notification pursuant to section 483 before they are issued a cer-
tificate of public convenience and necessity by the Public Utili-
ties Commission, they shall file a bond or, in lieu of that bond,
satisfactory evidence of financial capacity to make that reim-
bursement with the department, payable to the department, in a
sum satisfactory to the Commissioner of Environmental Protec-
tion and in an amount determined by him not to exceed $50,000,
which bond or evidence of financial capacity shall be conditioned
so as to require the applicant to reimburse the department for

1 36

its cost incurred in processing any application in the event that �484
the applicant does not receive a certificate of public convenience
and necessity.
At hearings held under this section the burden shall be
upon the person proposing the development to affirmatively
demonstrate to the board that each of the criteria for approval
listed in the preceding paragraphs have been met, and that the
public's health, safety and general welfare will be adequately
protected.
A complete verbatim transcript shall be made of all hear-
ings held pursuant to this section.
Within 30 days after the board adjourns any hearing held
under this section, it shall make findings of fact and issue an or-
der granting or denying permission to the person proposing such
development to construct or operate the same as proposed, or
granting such permission upon such terms and conditions as the
board may deem advisable to protect and preserve the environ-
ment and the public's health, safety and general welfare.
In the case of a transmission line carrying 100 kilovolts or
more or a gas pipeline, a permit under this chapter may be ob-
tained prior to any acquisition of lands or easements therefor to
be acquired by purchase and such permit shall be obtained prior
to any acquisition of land by eminent domain.
Any person making application for site location of develop-
ment approval pursuant to section 481, et seq., for approval for
a transmission line or gas pipeline shall, prior to filing a notifi-
cation pursuant to section 483, provide notice to each owner of
real property upon whose land the applicant proposes to locate a
gas pipeline or a transmission line by registered mail, postage
prepaid at the land owner's last known address as contained in
the applicable tax assessor's records and shall file with the town
clerk of each municipality through which the pipeline or a trans-
mission line is proposed to be located, a map demonstrating the
intended approximate location of the pipeline or a transmission
line within the municipality. The applicant shall not be re-
quired to provide notice of his intent to construct a gas pipeline
or a transmission line other than as set forth in this paragraph.
The board shall receive evidence regarding the location, character
and impact on the environment of the proposed transmission
line or pipeline. In addition to finding that the requirements of
subsections 1 to 4 have been met, the board, in the case of such
transmission line or pipelines, shall consider whether any pro-
posed alternatives to the proposed location and character of such
transmidssion line or pipeline may lessen its impact on the envi-
ronment or the risks it would engender to the public health or
safety, without unreasonably increasing its cost. The board
may approve or disapprove all or portions of such proposed
transmission line or pipeline and shall make such orders regard-
ing its location, character, width and appearance as will lessen
its impact on the environment, having regard for any increased
costs thereby caused.
Any person who has notified the board, pursuant to section
483, of his intent to construct or operate a development shall im-
mediately defer or suspend construction or operation with re-
spect to such development until the board has issued its order.
Any person securing approval of the board, pursuant to this
Article, shall maintain the financial capacity and technical abili-
ty to meet the state air and water pollution control standards
until he has complied with such standards.

137

� 485. Failure to notify board; hearing; injunction; orders � 485
The board may at any time with respect to any person who
has commenced construction or operation of any development
without having first notified the board pursuant to section 483,
schedule and conduct a public hearing with respect to such de-
velopment.

�� 486, 487. Repealed. 1977, c. 300, �� 33, 34

� 488. Applicability
This Article shall not apply to any development in existence
or in possession of applicable state or local licenses to operate or
under construction on January 1, 1970, or to any development
the construction and operation of which has been specifically au-
thorized by the Legislature prior to May 9, 1970, or to public
service corporation transmission lines, except transmission lines
carrying 100 kilovolts or more, nor shall it apply to the renewal
or revision of leases of parcels of land upon which a structure or
structures have been located as of March 15, 1972, nor to the re-
building or reconstruction of natural gas pipelines or transmis-
sion lines within the same right-of-way.
Developments which consist only of a municipa I or private
road or way are exempt from the requirements of this Article
as follows.

1. Unorganized areas. Within those areas of the State
which are subject to the jurisdiction of the Maine Land Use
Regulation Commission under Title 1 2, chapter 206-A, such
roads and ways are exempt provided they are located, con-
structed and maintained in accordance with the following
provisions:

A. In protection and development districts, the standards
adopted by the Maine Land Use Regulation Commission
for such districts; and

B. In management districts, the guidelines of the Maine
Land Use Regulation Handbook, section 6, "Erosion Con-
trol on Logging Jobs," or as revised. The Maine Land
Use Regulation Commission may adopt such definitions as
are necessary to implement the provisions of this paragraph.

2. Organized areas. Within all areas of the State not
subject to the jurisdiction of the Maine Land Use Regulation
Commission, such roads and ways are exempt provided they
are located, constructed and maintained in accordance with
standards adopted by the board in accordance with this sec-
tion. The board shall consider road construction standards
adopted by the Maine Land Use Regulation Commission in
promulgating these standards.

3. Standards, guidelines, definitions and revisions.
Standards, guidelines, definitions and any revisions adopted
pursuant to this section shall be in effect until 90 days after
adjournment of the next regular session of the Legislature
following enactment of this subsection, unless approved by
legislative resolve.
138

� 489. Municipal review of subdivisions �489
1. Municipal application for review power. A municipali-
ty may apply to the Board of Environmental Protection, on
forms provided by the board, for authority to substitute permits
issued pursuant to Title 30, section 4956 for permits required by
section 483 for subdivisions more than 20 acres but less than 100
acres. The board shall grant such authority if it finds that the
municipality has:

A. Established a planning board;

B. Developed a suitable application;
C. Made provisions by ordinance or regulation for prompt
notice to the board upon receipt of the application, written
notification to the applicant and the board of the issuance
of or denial of a permit, stating the reason therefor, public
notice and satisfactory hearing procedures.
In the event that the board finds that a municipality has failed
to satisfy one or more of the above listed criteria, it shall notify
the municipality accordingly and make recommendations
through which it may establish compliance. The municipality
may then submit a modified application for approval.
If at any time the board determines that a municipality has
failed to exercise its permit granting authority in accordance
with its approved procedures or the purposes of this Article as
embodied in the standards set forth in section 484 and Title 30,
section 4956, it shall notify the municipality of the specific al-
leged deficiencies and shall order a public hearing, of which ade-
quate public notice shall be given, to be held in the municipality,
to solicit public or official comment thereon. Following such
hearing, if it finds that such deficiencies will persist, it shall re-
voke the municipality's permit granting authority.
In the event that a municipality has the authority granted by
this Act revoked by the board, it may reapply to the board for
such authority at any time.
2. Time limit for municipal action on permit. Within 30
days after receipt of a completed application for a permit for a
subdivision, the municipality shall either issue the permit or
deny the permit setting forth the reasons therefor or order a
hearing thereon within 30 days of the order, for which hearing
adequate public notice shall be given. Within 30 days after the
adjournment of such hearings, the municipality shall either issue
the permit or deny the permit setting forth the reasons therefor.
3. Effective date of permit; board review. No permit is-
sued by a municipality shall become effective until 30 days sub-
sequent to its issuance. A copy of the application for the per-
mit, the permit issued by the municipality and its findings on
review of the application shall be sent to the board immediately
upon its issuance by certified mail. The board shall review such
permit and either approve, deny or modify it as it deems neces-
sary. Failure of the board to act within 30 days of the issuance
of the permit by the municipality shall constitute its approval
and the permit shall be effective as issued.
4. Hearing upon denial. In the event that a permit ap-
plied for is denied either by a municipality or the Board of En-
vironmental Protection, the applicant may request a hearing be-
fore either of the above with reasonable public notice given.

139

5. Exception. If a proposed subdivision is located in more 489
than one municipality, the authority provided in subsection 1
shall not apply.

� 490. Reclamation
I. Requirement. All mninig activities shall include provisions for safety
and reclamation of the land area affectedi or otherwise comply with an a)-
proval issued Ilrrsilant to this chapter.
2. Bonds. Tile boardl may reqluire a bond payable to the State with sure-
ties satisfactory to the board or such other security as the board Il:lky ideter-
mine will adequately secure compliance with this chapter, conditioned upon the
faithful perform:lnce of the requirentents set forth in this chapter and of the
rnles and regulations of tie board. In detemlining the amount of the bond
or the security, the board shall take into consideration the ch:tracter an'd na-
ture of the overburden, the future suitable use of the land involved and the
cost of grading and reclamation to be required. All proceeds of forfeited
bonds or other security shall lie expended lay tile ho:ar for the reclamation of
the area for which tile bond was posted,' and any remainder shtall be returned
to the operator.
3. Time schedules. It shall be the duty of a person engaged in a mining
activity to commenee tile reclamation of the area of land affected by the min-
ilng activity as soon as possible after the beginning of the mining activity of
that area in accordance with plans previously applroved by the board. If it
appears that ph:litinig to provide vegetative cover of an affected area may not
be successful, the board may nauthorize the deferring of the planting until the
soil has become suitable for those purposes and a 5yearly report shall be filed'
with the board indicating thie soil conditions until a successfiul planting or
seeding has been completed. ... .
4. Gifts and funds for reclamation. The board may acquire, in the name
of. the State, land by gift or purchase which has been affected by a mining
activity for the purpose of carrying out reclama:tion work. Upon completion
of reclamation, the land may be sold at public auction, conveyed to the mu-
nicipality or remain property of the State. The board may accept funds from
private or other sources, which shall be used for reclamation purposes,
whether in conjunction with appropriated funls of the State or otherwise.
5. Cooperation with others. The board shall cooperate with the federal,
state and local governments, with natural resource and conservation organiza-
tions, and with any public or private entities having interests in any subject
within tile purview of this cha:lpter.
Tile board is designated'the public ageney of tile State for the purpose of
cooperating with appropriate dlepartments andl agencies of the Federal Gov-
ernment concerining reclalmation of lands in connectionl with development and
mining of minerals in the State, and for the purpose of cooperati ng nd con-
sulting-with federal agencie, in carrying out this chapter. For these pur-
poses, the board may ancept federal funds which inay be made available pur-
suant to federal law, and may accept siuchl techlic:ll and finatci:il assistance
from the Federal Governmentans the board (leems advisable and proper for
purposes of this chapter.. - -
The board is further designated the public agency of the State for the pur-
poses of meeting requiremenuts of the Federai Government with respect to the
administration of these federal funds, not inconsistent with this chapter.

6. Fees. All fees collected by an(l other fiulnlds received by tile hoard put-
snant to this chapter sihall be placed in :t reelana;tion fund to carry out the
purposes of this chapter. This fmntl shall inot hlp)se.

140

06-096 DEPARTMENT OF E-NVTDCNM.ENTAL PROTECTION

Chapter 330 BUREAU OF LAND QUALITY-FEE SCHEDULE

SUMMARY: These rules establish the fees for new, amended and
revised site location and septic tank and cesspool materials
disposal site permits. In addition governmental agencies and
certain entities licensed by the Department of Education and
Cultural Services and Human Services are exempt from the pay-
ment of fees.

All previous regulations pertaining to Bureau of Land Quality
Fees are superseded by these rules.

141

1-3701 BUREAU OF LAND QUALITY CONTROL

1. Site Location of Develooment-MRSA, Title 38, Section 484

A. Site locaioe- ox Deve ocent projects excluding subdivisions,
shall be subject to fee according to the following formula:

Fee= estimated cost of project in dollars x .0001

B. Amendments and/or revisions to applications shall be subject
to an additional fee based on the formula in Section A.

C. The minimum fee to be assessed under this section is $30.00
for the original approval.

D. Subdivision projects shall be subject to a fee according to
the following formula:

Fee= number of lots x $2.00 + $6.00 for registry of deed costs.

E. Amendments and/or revisions to applications shall be subject
to a fee based on the formula in section B., plus $6.00 for registry of
deed costs.

F. The minimum fee to be assessed under this section is $30.00
for the original approval.

G. The fee for transfer of an order shall be $6.00.

Fees assessed under this regulation shall be paid prior to commence-
ment of any development work or an offer to sell cr lease any lot.

2.0 Septic Tank and Cesspool Waste Material Disposal Areas-MRSA,
Title 38, Section 1320-1322.

Septic tank and cesspool waste material disposal areas approved by
the Board of Environmeta' Frn FCtcor shall be subject to an annual fee of
$25.00.

7.0 Maximum Fee

No fee assessed under these regualtions shall exceed $500.00 per year.

8.0 Payment Due

All fees sh te be .aid prior te the issuance of the license or permit.

142

9. Exemptions

A. Municipalities;
B. Quasimunicipal corporations;
C. Private educational institutions formally recognized by the Department
of Education and Cultural Services;
D. Non-profit health institutions licensed by the Deoartment of
Human Services;
E. Public educational institutions:; nd
F. State agencies.

After public notice and public hearing November 21 1977 the above regulation
is hereby adopted this 21st day of December, 1977.

BASIS STATEMENT: The projects subject to fees in addition to
initial processing require periodic inspection to determine if
the developer is carrying out the project in 1ccordance with the
conditions of the permnit. The collected fe _ Partially off-set
the inspection and document recording casts.

AUTHORITY: ?8 M.R.S.A. Section 361

EFFECTIVE DATE: May 24, 1976
preqded Dnte: Februay 9, 1 973

143

06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter 371 DEFINITIONS OF TERMS USED IN THE SITE LOCATION OF DEVELOPMENT
LAW AND REGULATIONS

SUMMARY: This chapter defines and clarifies the terms used
in the Site Location of Development Law (38 M.R.S.A. �481
et seq.) and in the regulations interpreting the Site Loca-
tion of Development Law.

1. Definitions

The following terms, as used in the Site Location of Development Law
(38 M.R.S.A. 9481 et seq.) and in these regulations (Chapter 371 - 376)
shall have the following meanings, unless the context otherwise indicates:

A. Board. "Board" means the Board of Environmental Protection.

B. Borrow pit. "Borrow pit", as used in 38 M.R,S.A. �482(2), means an
excavation for sand, fill or gravel.

1. Borrow pits in existence before January 1, 1970, which are ex-
panded or intended to be expanded by five acres or more after that
date, do not qualify for exemption under 38 M.R.S.A. 2482(2), unless
regulated by the Maine Department of Transportation.

C. Common scheme of development. "Common scheme of development" means
a plan or process of development which:

1. Takes place on contiguous or non-contiguous parcels or lots in
the same immediate vicinity; and

2. Exhibits characteristics of a unified approach, method, or effect
such as:

a. unified ownership, management, or supervision;
b. sharing of common equipment or labor; or
c. common financing.

D. Department. "Department" means the Department of Environmental Pro-
tection.

E. Developer. "Developer" means a person as defined in 38 M.R.S.A.
�482(4):

1. Constructing, causing to be constructed, or intending to con-
struct a development;

2. Operating, causing to be operated, or intending to operate a
development: or

3. In the case of a qubdivision, selling or leasing, causing to be

144

sold or leased, offering for sale or lease, or intending to sell or
lease lots in a development.

F. Division. "Division", as used in 38 M.R.S.A. �482(5), means some
overt act beyond drawing or marking lots on a plot or plan in furtherance of
an intent to offer for sale or lease lots falling within the specifications
of 38 M.R.S.A. �482(5).

NOTE: The rcqcu>_ted overat ac may include, but i not .Zimnted to, begin-
ning comnstuZction, advertLsing lots or sale, seting Zots, or recoLding a
ptot plan with the Reg.sty of Deeds. Exploratoty s oi test pits fot the put-
pose of detailed so.iCs mapping ot fort a -sesing adequacy fot on-site saea9ge
disposaZ would not be consi.deted an overt act undet tLis subsection.

G. Excavating. "Excavating", as used in 38 M.R.S.A. �482(2), means the
moving, removing or uncovering of natural resources, such as topsoil, clay,
peat, rock or other materials, but does not include:

1. Borrow pit operations for sand, fill or gravel of less than five
acres, or when regulated by the Maine Department of Transportation;

2. Normal agricultural practices, excluding the stripping of topsoil; or

3. Digging pits or holes by manual labor for activities such as the
harvesting of clams or worms.

H. In existence. "In existence", as used in 38 M.R.S.A. �488, means
utilizing a parcel of land so that the parcel is known in the neighborhood as
being used for a given purpose. Mere contemplated or intended use, standing
alone, is not sufficient to establish the "existence" of a development.

1. If plans for a development in existence are changed substantially
by a developer after January 1, 1970, the development no longer qual-
ifies for the exemption in 38 M.R.S.A. �488, and the entire develop-
ment must be approved by the Board before further construction or
operation is undertaken.

I. Lot. "Lot", as used in 38 M.R.S.A. �482(5), means a portion of a
parcel of land measured and marked out by metes and bounds or by some other
approved surveying technique.

J. Natural buffer strip. "Natural buffer strip" means an area or belt
of land which:

1. Is covered with trees or other vegetation;

2. Runs along the border between a development site and an adjacent
piece of land, body of water, or other specified area; and

3. Serves to protect the piece of land or body of water from ad-
verse effects of the development or preserves some existing quality
or use in the area of the development.

K. Offered for sale or lease to the general public. "Offered for sale
or lease to the general public", as used in 38 M.R.S.A. �482(5), means com-

145

municated as available for sale or lease, and does not include consideration
of who initiated the offer.

1. Any transfer of title, right or interest, except those described
in Paragraph 2, shall be considered a sale or lease.

2. Unless intended to circumvent the Site Location Law, the following
transactions shall not be considered offers for sale or lease:

a. Bona fide private transactions such as the offering of lots
for sale or lease to an abutting owner or to a spouse, child,
parent, grandparent, or sibling of the developer;

b. Bona fide personal, non-profit transactions such as the trans-
fer of lots by gift or devise.

L. Parcel of land. "Parcel of land" means the block or piece of land a
developer owns or has sufficient title, right or interest in regardless of
size, regardless of whether the block of land is divided into lots, and re-
gardless of whether individual lots within the block are contiguous, as long
as the lots treated together are all part of a common scheme of development.

1. In calculating the aggregate land area of a parcel of land, the
following shall be considered:

a. The acreage of the parcel of land proposed for development;

b. The acreage of all lots within the parcel already offered for
sale or lease by the developer within the preceeding five years;
and

c. The acreage within the parcel which the developer intends to
develop within the next five years.

2. In determining the area of a parcel of land, property in the
intertidal zone shall be included as part of the property of the
adjoining shoreland owner, unless specifically excluded by deed.

a. An owner of property located on tidewater owns all land down
to the ordinary low water mark or 1650 feet (100 rods) below
the high water mark, whichever is less, unless specifically
excluded by deed.

b. The side lines on Flats adjoining property located on the
tidewater shall be determined as follows:

i. draw a base line between the points where the property
lines touch the high water mark.

ii. project lines out from those points at a 90 degree
angle from the base line and extend the lines to the
ordinary low water mark or for 1650 feet (100 rods),
whichever Ls less. I

146

il~::~::" Ii T~!!!!!!1'"!!1rI _ - II!!! '.!!!~ ,I ~l_111'1!!?~?]H '''''' !!!l!iI! !g~ ! !~!!! E~!!!!l !!~?!!~ .! !!l !!!~

iii. where lines of adjacent owners intersect, as in
coves, or do not touch, as on points, split the difference
between adjacent owners.

3. In determining the area of a parcel of land, the following
considerations shall be taken into account:

a. Riparian owners of property on non-tidal streams own the
bed of the stream to the thread of the stream, or to the mid-
point of the stream, if no thread is determinable;

b. Owners of property located adjacent to a great pond own
all the land down to the natural low water mark;

c. Ownership of roads, ways, or highways, or portions of
roads, ways, or highways, by adjacent landowners, should be
determined in accordance with 33 M.R.S.A. �465,

NOTE: 33 M.R.S.A. �465 La the section o6 the Maine statutes dealing
witk the ownership o6 rtoads, wayz, and highways ot theit parts by pesonz
owning land abutting the toad, ways, and higwiays.

M. Person

1. Each "person", as defined in 38 M.R.S.A. 9482(4), shall be
regarded as a separate and distinct entity, except that a combination
fibO ~ of persons shall be treated as a single person for the purposes of
_41 ~ ~ the Site Location Law if:

a. Together they pursue a common scheme of development which
is subject to the Site Location Law even though individual
persons in the combination own separate parcels which may not
be subject to the Site Location Law if the parcels were
developed separately; or

b. One person engages in a transaction with another person
with the intent to evade the intent and purpose of the Site
Location Law.

N. Possession of applicable state or local licenses. "Possession of
applicable state or local licenses", as used in 38 M.R.S.A. 9488, means actual
possession by the developer of licenses or written evidence of approval which
would have permitted construction or operation of the development to begin
lawfully. Mere preliminary conditional approval of a license application,
a mere right to approval of a license application, or any other interest
short of actual possession of a license or other written evidence of approval
are insufficient to satisfy the possession requirement.

0. Road. "Road", as used in 38 M.R.S.A. �482(6)(B), means a way
or course which is:

O-~~~~~~~~~147
147

i. Constructed or -or:ncd byv ubsta;ntial recontouring of land;

2. Designed to permit passage by most wheeled vehicles;

3. Not intended to be abandoned and revegetated within a short
period of time; and

4. Designed to be permanent or intended to be used for a significant
period of time.

MJOTE: Fort e.xampe, a pnscage but.Ydozcd through a stand o6 tAe&6 to p,etmit
tjh), movtcnent of a skiddr otr trtached veh.ic2e, that does no.t tesult in sub-
,sta. iacd r teconrtouLWAg o6 the Zand, and that is iLtended .to be abandoned and
natutaZ'y trevegetated witthin a yea ot Zes, is not a road within .the
meaning of D482(6)(S).

P. Site Location Law. "Site Location Law" means the Site Location
of Development Law, 38 M.R.S.A. �481 et seq.

Q. Staff. "Staff" means the staff of the Department of Environmental
Protection.

R. Transmission line. "Transmission line", as used in 38 M.R.S.A. ��484
and 488, means electrical transmission line and does not include a natural
gas pipeline, an oil pipeline, a highway, or any other means of conveyance.

S. Under construction. "Under construction", as used in 38 M.R.S.A.
9488, means the developer's having expended a substantial amount of money
or effort towards the completion of a development. The test of the sub-
stantiality involves an assessment of the amount of money or effort expended
in relation to the amount required to complete the development.

After public notice and public hearings held on June 14 and 15, 1979,
the above regulations are hereby adopted this 8th day of August, 1979.

BASIS STATEMENT: These regulations are adopted to
explain alnd clarify the meaning of words and terms
used in the qite Tocation of Development Law and in
these regulations interpreting that law.

AUTHORITY: 38 M.R.S.A. 9343

EFFECTIVE DATE: November 1, 1979

06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter 372 POLICIES AND PROCEDURES UNDER THE SITE LOCATION LAW

SUMMKIRY: These regulations describe the general policies
and p[roeodures under the Site Location Law, including scope
of review; naturc of terms and conditions; Board jurisdiction;
completeness of Application; requirement of additional
information; advisory rulings; access to the site; approval
not contingent upon other approvals; title, right or interest;
phased development; association responsible for common facil-
ities; standard conditions of approval; and, severability.

1. Scope of Review

In reviewing applications for approval of proposed developments under
the Site Location Law, the Board shall consider the size, location, and
nature of the proposed development in relation to:

A. The potential primary, secondary and cumulative impacts of the
development on the character, quality, and uses of land, air, and
water on the development site and on the area likely to be affected by
the proposed developmenL; and

B. The potential effects on the protection and preservation of
the public's health, safety, and general welfare.

NOTE: The Bo&ard conideAs .the ptmatry, secondatry, and cumulative
impacts of a p'topoaed development in relation to the areas of conczan
atticua&ted in the. crite.Liaa otr approva o0d 38 M.R.S.A. 48S4 as intertpreted
by theme teguta.io;Lz. "CwnuTuative impacta" redfet to those impacts that
are tealized when ,Ltb ..ncetren:.taZ effects of individuae developments add
up to the point whloi; cexttani trtershholds o6 toertance ate exceeded.

2. Nature of Terins and Condit:ions

As specified in �483 of the Site Location Law, the Board may place
terms and conditions on the npproval of a proposed development. However,
terms and conditions shall address themselves to specifying particular means
of satisfying minor or easily corrected problems, or both, relating to
compliance with thec Site Location Law and shall not substitute for or reduce
the burden of proof of the dt.veloper to affirmatively demonstrate to the
Board that each of the standl;rds of the Site Location Law has been met.

NOTE: Ikn tifcae : US^ (7A. Begrqrade Shotrae, Inc.,371 A.2d 413, 416(1977),
the Supkteme JduLc_ LCo`l.lt , !'l Maine ,stated:

"In add.ticrn t:c tthe e.xt.':, .s attLthorLCty .to impo.se condi.tioLs contveyed by
�483, �481 maad:tc.s a ',~i'',c'b'e and p. act,icaL' approach to szte tegu-
tation. A ci":.e' oA di..a,.)ioLovais pending the appicanlt',s cotcc.tion
od de6c.ei cice. s.t its i.z p'luposat wou.d acL~ive the same ejlrect as con-
ditional appuytvaL. (We thAllehSore viewr the cho-ice between those .two
mrethods as a qu(Lcsfot o;u seman.tic, and, as such, fdety within the.

149

Boatd's d.,.rztaeon u.ndc s483. FuAlthev, we believe thgz conceszion
con.,s ten.t with the prLagmati.sm espoused in �481 ."'

"Thcrt the Soard found non-compZance Rth two of the four eiteia
sted in �484 does not, as appelant! ctaim, tequiue disapptoval.
SLuch a trsuLt would be zneithe ptatctica no, ltexibe where the non-
compliance is rmianuot, easity couected, ot both."

3. Board Jurisdiction

The Board acquires jurisdiction under the Site Location Law when a
person makes the first overt act in furtherance of an intent to construct
or operate a development as defined in 38 M.R.S.A. �482(2).

4. Completeness of Application

If in the opinion of the Staff an application for approval of a develop-
ment under the Site Location Law is incomplete, the application may be
returned to the applicant with an indication of the information which needs
to be supplied; and, no further processing shall occur until the application
is determined to be complete. The statutory time period within which the
Board must act on an application under 38 M.R.S.A. �483 shall not begin
until the application is determined to be complete by the Staff.

5. Requirement of Additional Information

In reviewing applications determined to be complete, the Board or Staff
may require additional information from the applicant on any aspect of the
proposed development relating to compliance with the standards of 38 M.R.S.A.
9484.

6. Advisory Rulings

All requests for advisory rulings on the applicability of the Site
Location Law to particular situations or on other matters shall be based on
existent facts and not on hypothetical situations. Such requests shall be
made in writing and addressed to the Division of Review and Planning, Bureau
of Land Quality Control, Department of Environmental Protection, Augusta,
ME 04333. Issuance of advisory rulings is discretionary with the Department
on a case-by-case basis.

7. Access to the Site

The filing of an application for approval of a development constitutes
the granting of permission by the applicant to allow authorized application
reviewers access to the site of the proposed development in order to evaluate
whether or not the proposed development will meet the standards as stated
in 38 M.R.S.A. 9484.

8. Approval Not Contingent Upon Other Approvals

Approval of applications under the Site Location Law is not contingent
upon the applicant having obtained, prior to filing, other appropriate
federal, state or municipal approvals, licenses, permits, etc.

I 50

NOTE: Staindard Conid.tiuns oj Apptovae rqteua(Le such permirs ptiot
to commencing eo2AtLLCtuOci.

9. Title, Right or Interest

The Department will consider an application only when an applicant
has demonstrated sufficient title, right, or interest in all of the property
which is proposed for development or use. An applicant shall demonstrate
in writing sufficient title, right, or interest, as follows:

A. When the applicant claims ownership of the property, copies of
the deeds to the property shall be supplied.

C. When the applicant has a lease on the property, a copy of the lease
shall be supplied. The lease shall be of sufficient duration, as
determined by the Board, to permit construction and reasonable use
of the development.

10. Phased Development

The Board requires that an application for approval include present
plans for all phases of a development to be undertaken on a parcel. In the
absence of evidence sufficient to approve all phases of the proposed develop-
ment, the Board may approve one or more phases of the development based on
the evidence then available. Approval of phases, however, shall be based
on compliance of the entire proposed development with the standards of the
Site Location Law.

NOTE: A proper analysis o6 the potential primaty, secondaty and
cumutative impacts of a proposed development can be made oney when all
phasn od a proposed devetopment are coneiedeed. Also, the ptam foL site
modi.ication and poZZu.tion mitigation need to be based on the entite extent
of a propozed devetopmeyt in oder to in6urAe thert efectiveness in accorm-
pZlistng the desited objectives.

11. Association Responsible for Common Facilities or Properties

Applications for developments with common facilities or properties,
whose operation or maintenance will require the cooperation of more than
one person, other than the developer, to satisfy the standards of 38 M.R.S.A.
�484 over the life of the development, shall include a detailed description
of the nature of the person or association which will be responsible for
operating or maintaining the common facilities or properties of the
D ~development.

t~~~~~~~~~~~~~~~~~19

NOTE: Examples o�. types oj developments wkich may requite a pezon ot
assocition to be .t5ponsibZe for. operating ot ma in taining common factities
or ptoperties a r esit dentLa .subdvisions with priatev C inCteiort toads, common
sewage tAeatne)it ot wctet supply faciltie's, oat commtktUty-owned open space;
condominEums; shoppin'g centers; and muti-famity tesidentiat development
with comnmonty minttained 6aci&ities.

12. Standard Conditions of Approval

Unless otherwise specifically stated in the approval, all Board (or Staff)
approvals shall be subject to the following standard conditions:

A. Approval of Variations from Plans. The granting of this approval is
dependent upon and limited to the proposals and plans contained in the
application and supporting documents submitted and affirmed to by the applicant.
Any variation from these plans, proposals, and supporting documents is subject
to review and approval prior to implementation. Further subdivision of
proposed lots by the applicant or future owners is specifically prohibited
without prior approval of the Board, and the applicant shall include deed
restrictions to that effect.

B. Compliance with All Applicable Laws. The applicant shall secure and
comply with all applicable federal, state, and local licenses, permits,
authorizations, conditions, agreements, and orders prior to or during con-
struction and operation, as appropriate.

C. Compliance with All Terms and Conditions of Approval. The applicant
shall submit all reports and information requested by the-Board or the
Department demonstrating that the applicant has complied or will comply with
all terms and conditions of this approval. All preconstruction terms and
conditions must be met before construction begins.

D. Advertising. Advertising relating to matters included in this
application shall refer to this approval only if it notes that the approval
has been granted WITH CONDITIONS, and indicates where copies of those conditions
may be obtained.

E. Transfer of Development. Unless otherwise provided in this approval,
the applicant shall not sell, lease, assign or otherwise transfer the develop-
ment or any portion thereof without prior written approval of the Board
where the purpose or consequence of the transfer is to transfer any of the
obligations of the developer as incorporated in this approval. Such approval
shall be granted only if the applicant or transferee demonstrates to the
Board that the transferee has the technical capacity and financial ability
to comply with conditions of this approval and the proposals and plans
contained in the application and supporting documents submitted by the
applicant.

F. Initiation of Development Within Two Years. If the construction or
operation of the activity is not begun within two years, this approval shall
lapse and the applicant shall reapply to the Board for a new approval. The
applicant may not begin construction or operation of the development until
a new approval is granted. Reapplications for approval shall state the
reasons why the development was not begun within two years from the granting
of the initial approval and the reasons why the applicant will be able to
begin the activity within two years fromn the granting of a new approval,

152

if granted. Reapplications for approval may include information submitted
in the initial application by reference.

G. Reexamination After Five Years. If the approved development is not
completed within five years from the date of the granting of approval, the
Board may reexamine its approval and impose additional terms or conditions
or prescribe other necessary corrective action to respond to significant
changes in circumstances which may have occurred during the five-year period.

H. Approval Included in Contract Bids. A copy of this approval must
be included in or attached to all contract bid specifications for the
development.

I. Approval Shown to Contractors. Work done by a contractor pursuant to
this approval shall not begin before the contractor has been shown by the
developer a copy of this approval.

13. Severability

Should any provision of these regulations be declared invalid or in-
effective by court decision, the decision shall not invalidate any other
provision of these regulations.

After public notice and public hearings held on June 14 and 15, 1979,
the above regulations are hereby adopted this 8th day of August, 1979.

BASIS STATEMENT: These regulations are intended to compile
in an organized manner existing policies and procedures used
by the Board in implementing the Site Location Law and new
policies and procedures developed during the process of
writing these regulations.

AUTHORITY: 38 M.R.S.A. �343

EFFECTIVE DATE: November 1, 1979

06-096 DEPARTMENT OF ENVTRONMENTAL PROTECTION

Chapter 373 FINANCIAL CAPACITY STANDARD OF THE SITE LOCATION LAW

SUMMARY: These regulations describe the scope of review
of the Board in determining a developer's compliance with the
"financial capacity" standard of the Site Location Law (38 M.R.S.A.
�484(1)); the information which shall be submitted, when appro-
priate, within an application for approval; and, the terms and
conditions which the Board may impose on the approval of an
application to ensure compliance with the standard.

1. Financial Capacity to Meet Pollution Control Standards

A. Scope of Review. In determining whether the developer has the finan-
cial capacity to meet state air and water pollution control standards, the
Board shall consider all relevant evidence to the effect that the developer
has the financial capacity to construct, operate, and maintain all aspects of
the development, and not just the pollution control aspects.

'hTE: The Supteme Jaulciat Coutt o Maine stated in the case of
In re Maine Clean Fu�s, Inc., 310 A.2d 736, 755 (1973) that "it is cveat
that the ability to fitnance the cost of meeting pollution standads is in-
exorabZy a part of the abietqy -to obtain total 6inancing." Fwuthermore, the
Boad',s xpexZtience wiith deveZopes has shown Lthat air and water polution
conttot equipment Zi usauZ2 y iztaed after aiZ othet aspects of the devecop-
ment are completed. Id the deveZoper's funds run tow or run out toward the
end of the development, the polluton controt aspec. t of the development may
be slighted. Thte6ore, in determining financiat capacity, the Board Lequ-e-
proof of adequate funding fot the compZetion of a development, including the
poZZtuon controZ aspects.

B. Submissions. Applications for approval of proposed developments shall
include evidence that affirmatively demonstrates that the developer has the
financial capacity to undertake the proposed development, including infor-
mation such as the following, when appropriate:

1. Accurate and complete cost estimates of the development.

2. The time schedule for construction and for satisfying pollution
abatement measures.

3. A letter from a financial institution, governmental agency, or
other funding agency indicating a commitment to provide a specified
amount of funds and the uses for which the funds may be utilized.

4. In cases where funding is required but there can be no commit-
ment of money until approvals are received, a letter of "intent to
fund" from the appropriate funding institution indicating the
amount of funds and their specified uses.

5. The most recent corporate annual report indicating availability
of sufficient funds to finance the development together with
explanatory material interpreting the report, when requested.

154

6. Copies of bank statements or other evidence indicating avail-
ability of funds, when the developer will personally finance the
development.

C. Terms and Conditions. The Board may, as a term or condition of
approval, establish any reasonable requirement to ensure that the developer
has the financial capacity to meet state air and water pollution control
standards, such as:

1. Requiring the posting of a performance bond to ensure that the
air and water pollution control plans are completed as approved.

2. Technical Ability to Meet Air and Water Pollution Control Standards

A. Preamble. The Board is concerned that the developer have not only
the financial capacity but also the technical ability and skilled manpower
to meet pollution control standards, particularly when a large scale develop-
ment includes sophisticated pollution abatement measures.

B. Scope of Review. In determining whether the developer has the
technical ability to meet state air and water pollution control standards,
the Board shall consider all relevant evidence to that effect, such as:

1. Evidence that project personnel are capable of properly
installing, operating and maintaining pollution control devices.

2. Evidence that, even if the applicant's technical personnel have
never before constructed or operated a development like the one pro-
posed, competent engineering and field operational personnel will be
available and can adapt their training and experience to accomplish
the required tasks.

3. Evidence regarding the developer's prior conduct as a measure
of willingness to meet all terms and conditions of approval esta-
blished by the Board.

C. Submissions. Applications for approval of a proposed development
shall include evidence that affirmatively demonstrates that the developer
has the technical ability to undertake the proposed development, including
information such as the following, when appropriate:

1. A statement of the developer's prior experience or appropriate
training, or both, relating to the nature of the proposed develop-
ment.

2. A description of the types of personnel who will be employed to
design, install, and operate pollution control measures.

D. Terms and Conditions. The Board may, as a term or condition of
approval, establish any reasonable requirement to ensure that the developer
has the technical ability to meet state air and water pollution control
standards, such as:

1. Requiring the developer to employ a capable engineer or other
professional knowledgable and experienced in the disciplines
necessary to ensure Lhat state air and water pollution control
standards are met.

1 55

2. Requiring a training program for the appropriate personnel
to acquaint them with the operation and maintenance of pollution
control equipment.

3. When the development is of substantial size and of a complex
nature, requiring provision for an independent consultant to conduct
on-site inspection, at the developer's expense, to ensure proper
execution of plans as approved, including any conditions imposed by
the Board.

3. Adequate Provision for Solid Waste Disposal

A. Scope of Review. In determining whether the developer has made
adequate provision for solid waste disposal, the Board shall consider all
relevant evidence to that effect, such as evidence that:

1. All solid waste will be disposed of in a manner which ensures
that:

a. No adverse effects on the natural environment will result;

b. Public health, safety, and welfare will not be adversely
affected; and

c. The wastes will not combine with other wastes, water, or
other natural or man-made substances to create additional harmful
effects to the natural environment or the public health, safety,
and welfare.

B. Submissions. Applications for approval of a proposed development shall
include evidence that affirmatively demonstrates that the developer has made
adequate provision for solid waste disposal, including information such as
the following, when appropriate:

1. The types and estimated quantities of solid waste to be generated
by the development and the proposed method of disposal.

2. A letter from the operator of a solid waste disposal facility
or a municipality stating that adequate capacity exists for solid
waste generated by the development and that the development may
utilize the solid waste disposal facility.

NOTE: The Board may deny apptovae ij the soZld waste dsposal fac.&Z-y
proposed to be used is not in compliance with appZicable stat.e lZaw. and
regu-taons.

3. When the proposed development is or includes the establishment
of a solid waste disposal facility, the developer shall supply evi-
dence of compliance with the Solid Waste Management Act (38 M.R.S.A.
�i301 et seq.).

C. Terms and Conditions. The Board may, as a term or condition of
approval, establish any reasonable requirement to ensure that the developer
has made adequate provision for solid waste disposal, such as requiring:

156

1. A groundwater quality monitoring program.

2. On-site construction supervision or engineering inspection by
a certified engi neer or geologist.

3. Operational inspections and reports by an independent consultant.

4. Adequate Provision for the Control of Odors

A. Preamble. The Board recognizes that offensive odors may be generated
by solid waste disposal facilities and certain-types of commercial and indus-
trial developments and that these odors can have an undesirable effect on
surrounding uses and people living in the area.

B. Scope of Review. In determining whether the developer has made
adequate provision for the control of odors, the Board shall consider all
relevant evidence to that effect.

C. Submissions. Applications for approval of any development likely
to be the source of offensive odors shall include evidence that affirmatively
demonstrates that the developer has made adequate provision for the control
of odors, including information such as the following, when appropriate:

1. The identification of any sources of odors from the
development.

2. An estimation of the area which would be affected by the odor,
based on general experience in dealing with the material or process
used in the development, or similar materials or processes.

go ~~~3. Proposed systems for enclosure of odor-producing materials and
processes, and proposed uses of technology to control, reduce
or eliminate odors.

D. Terms and Conditions. The Board may, as a term or condition of
approval, establish any reasonable requirement to ensure that the developer
has made adequate provision for the control of odors.

5. Adequate Provision for Securing and Maintaining Sufficient and Healthful
Water Supplies

A. Scope of Review. In determining whether the developer has made
adequate provision for securing and maintaining a sufficient and healthful
water supply, the Board shall consider all relevant evidence to that effect.

B. Submissions. Applications for approval of proposed developments
shall include evidence that affirmatively demonstrates that the developer
has made adequate provision for securing and maintaining a sufficient and
healthful water supply, including information such as the following, when
appropriate:

1. A letter from thre appropriate utility or water district that
a sufficient and healthful. water supply exists and may be
utilized by the development.

1 57

2. If water is to be supplied on-site, a letter from a geologist
or well driller knowledgable about the area where the development
is located that a sufficient and healthful water supply is likely
to be available.

a. If there is reasonable doubt that a sufficient and healthful
water supply can be provided by means of on-site wells, the
following may be required:

i. Water from wells located in close proximity to the
development site be tested for potability; and/or

ii. A test well be dug or drilled on the development situ
and a report prepared indicating the volume and potability
of water obtained from the well,

3. If water supply and sewage disposal are to be handled on-site,
and if lots are less than 2 acres in size, identification of the
location of wells and on-site sewage disposal systems for each lot.
The separation distance between wells and on-site sewage disposal
areas shall be at least the minimum distance established in the
State of Maine Plumbing Code.

4. If water is to be provided by a common source:

a. Evidence that there will be sufficient water to serve
the development;

b. Evidence that the common water supply system will be
constructed in conformance with the Maine Drinking Water
Regulations, authorized by 22 M.R.S.A. �601; and

c. Evidence that adequate provision has been made for the
establishment of a mechanism to ensure proper operation and
maintenance of the water supply system.

C. Terms and Conditions. The Board may, as a term or condition of
approval, establish any reasonable requirement to ensure the ac"cquate pr,-
vision of a sufficient and healthful water supply, such as requiring th.I,:

1. One or more central wells be installed with adequate water
for the development.

2. An applicant arrange for adequate water service wiLih a loc.]
utility or water district, or provide an adequate off-site comt.on
well, in cases where the Board determines that on-site .ater
supplies may not be adequate.

3. The location of wells and on-site sewage disposal :;,eas be
established by deed conditions.

After public notice and public hearings held on June 14 and 15, 1979,
the above regulations are hereby adopted this 8th day of August, 1979.

BASIS STATEMENT: These regulations are intended to
explain and clarify the meaning of the financial
capacity standard of the Site Location Law <38 M.R.S.A.
�484(1)) and to set out the duties, powers, respon-
sibilities, and limitations of the Board and of
applicants for approval of proposed developments under
that standard.

AUTHORITY: 38 M.R.S.A. �343

EFFECTIVE DATE: November 1, 1979

159

06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter 374 TRAFFIC MOVEMENT STANDARD OF THE SITE LOCATION LAW

SUMMARY: These regulations describe the scope of review of
the Board in determining a developer's compliance with the
"traffic movement" standard of the Site Location Law
(38 M.R.S.A. �484(2)); the information which shall be submitted,
when appropriate, within an application for approval; recommended
guidelines for street and parking lot design; and the terms and
and conditions which the Board may impose on the approval of an
application to ensure compliance with the standard.

i. Adequate Provision for Traffic Movement of All Types

A. Preamble. The Board recognizes the potential effects which many
developments can have on existing traffic patterns, the need to assure safe
and convenient access to and from the developments, and the importance of
interior traffic patterns to the safety and convenience of the public.

B. Scope of Review. In determining whether the developer has made
adequate provision for traffic movement of all types into, out of, and within
the proposed development, the Board shall consider all relevant evidence to
that effect, such as evidence that:

!. On-site traffic patterns will maximize safety and ensure
adequate parking, smooth traffic flow, adequate turning and man-
euvering space, adequate room for the discharge and loading of
materials and passengers, and adequate space for snow removal
operations.

2. Existing off-site traffic patterns will have the ability to
handle safely and conveniently the increased traffic generated by
the development as far away from the development as the effects of
the development can be traced with reasonable accuracy.

NOTE: ReviaAs w,(2 be conducted u.ing standard traj-ic engZne.clng
pAactices.

C. Submissions. Applications for approval of proposed developments
shall include evidence that affirmatively demonstrates that the developer
has made adequate provision for traffic movement of all types, including
information such as the following, when appropriate:

1. The location and width of proposed streets, walkways, easements,
and other public or private rights-of-way.

2. The location and ground area of parking lots.

3. The nature of the interior roads and the parking system,
including:

a. Type of road surface; O

b. Number of lanes;

1 60

c. Capacity of parking areas;

d. Width of right-of-way;

e. Estimated completion schedule;

f. Cross-section of proposed roads; and

g. Entrance location and design.

4. Expected volume of traffic of all types to be generated by
the development.

5. If interior residential1 commercial or industrial roads are
not to be dedicated to a municipality, evidence that adequate pro-
vision has been made for ensuring the proper maintenance of the
roads.

NOTE: The 6oZ2ow.ing deziLgnt GLUDELINES 6ot t'oads and patki;Lng Zots,
cde inltended tCo ptvovide aszL>tance to the de.e~opeA. These gUidCine-S
,shLdud be considertd togetheA w-ith mun4icipaZ s.tandcad6 and cond-itiovL
pairticutaur to -the Situai tion o6 -the ptoposed dcvetopmneyt.

1. De,/liaitions

a. Akttetiae Roads - "Attet~iat Roaci&'" meanz major Ataj6ic
wayLs 6ot Ztatcwve between and ~thvough -town.

b. Coe~ecCtot Roads - "CoZ~ectto,% Road&s" means jeede6 -to
aAtteiat koad,6, cottectinig t'La6 6ic 6)Lom m-no,% toad4 6ct.
ci dcuatiaon and access.

c. Locat Roads - "Loca2 RoacLY' means toads used p'ima-tey
6o,% accezs -to abutting kezidentiaZ p'tcpeAtiez.

d. 1ndusttfaJ/Commnecia. Roads - "IndusttiZ/Conme'mmeciat
Roads" meanz toad, pitLmatity 60-L acce.,6 -to abutting i~ndws-t'LiaZ
and cornmctc-ZaZ ptoppnticez.

2. Desiqn GuideLines Io-t. RoadITs
INVUSTRIAL!
ARTERIAL COLLECTOR LOCAL COMM'ERICAL

Right o6 Way W-id3th 80' 60' 50' 80'
Titavet Way 44' 32' 20' 44'
ShouZdvt- Widtdh' ' 9 ' 8' 9'
Mxii.kimum G-'ade 0.5% 0. 5 0.5% 0.5%
Macrximum GtGade 5.0% 10% 10% 5%
Min. Cente,% L-i.ie Radius 800' 200' 150' 800'
on Cu'w&6
Miln. Tangen-t betiween Cutw'a 300' 200' 100' 300'
o6 Re.v(!Ate Aligiuneutt
Roadway Ctown "- 4 / 6t. Y'/ 6-C. '76.

161

INDVlUSTRIAL/
ARTERIAL COLLECTOR LOCAL COMMERICAL

Min. AngZe o6 Intemection 60 60 60 60
Min. DiVsance Betveen
S-theet InuteA.4ection~s:
Same Side 1000' 400' 300' 400'
Oppoasite Side 300' 250' 150' 300'
Maximum GLade wZ~ithin 75'
oaj Intet,6ec.tion 2% 3% 3% 2%
Cub Radii: 90 .intvect.onts 30' 20' 15' 30'
60 - 90 inteuhectionz 30' 30' 30' 30'
90 -120 inte.tsections 50' 40' 30' 50'
Minimum Pktopetty Line
Radii at InteAuection 20' 10' 10' 20'
Dead End S~tuee~ts: Max. Length -- -- 600' 1000'
Radii at TW'n-kwound:
?'opvtty Line (giLn.) -- -- 65' 70'
Pavement (Min.J -- -- 50' 44'
Sidewaek Width 5' 5' 5' 5'-I, 6'-C

Agg,%egate Sub-&tre 18" 12" 12" 11t
C.'whhed Aggtegate Base 6" 6" 6" 6 "
Hot BituWminous Pavement 3" 2.5" 2" 3"

Site Vistance at IntmcDtion Roaughy 10 6eet Jo,% every one mce/lhou'
o6 posted speed Zimit

3. Veaisign GuLdeZinez 6ot Paikng Lo-ts 0

a. Veh1iculaA Enttance and Exit

1. Enuttance, and exits shoutd be cazatiy iddepLt4Lied by
the use ozj A.Lgnz, cuAb cuts, and ZanMdscajoing.

2. To mininmtze conges-tion and to acaci-tate enttance and
exit and the movement oa thnouglh-t1kic on pe'.ime-te' /toadA,
s-tacking Zaneo z ou.Zd be used whemae kecommended by the
Eiaine Depawutment oj Th..anpoxtatiofi.

3. Enttance/exit design zhoutd be neviewed by a1nd be in
conotrnance with -the s~tandard4 s0 the Afaine Vepa'utment o6
Ticanzpoitation ta66ic peA4onncZ io4 -Lze, ooca~ion., sight-
dikttnce, g-ade epawatiron, and possible 6utuic. changes in
highwvayj aLgknmenut on any alecoted pubUc 'toads.

b. Intev.io, Vehicuat C-atecuZation.

1. A widened -'ad ci L tutn-out taii, a min,-bnum v! 13 deet in
wLidth, showeLd be p'wv-ided adjacenvt to the {6'wvmt od sstotes,
ot otheAr 6ac.2,iti~e, to aid in dch&attrg o,% picki-up without
itnteLLLP&ting t=6aic 6Zow. Appt'oavcti &Znd-scccping, pavemekt
paciLutingz, *ig-n, o't CWLbu -hou..d be u-5ed to dc-eiuneate The
tw-tn-outt earte.

162

DESIGN TERMINOLOGY

TREES &
SHRUBS

STORE STORE FACILITY
SERVICE

FOA JNDATION
DROP OFF/PICK-UP AREA PLANTINGS
BUFFER STRIP
-'~~~~~~~ - ~~INTERIOR TRAVEL LANE

MASS PLANTING

> '9 ' ~PARKING STALLS RAISED BARRIER
TREES

LOW SHRUBS OK GRASS

_ SIDE WALK EXIT ENTRANCE STACKING LANE

PERIMETER ROAD

'NOTIE - The above are examples oJ trcrrinoulol used in these (;iddltincs.

163

cljuk *&intetroi Zttavee CZane4 s6houid be designed to aeYow
conttiuota and unin~textupted Z=66ic movement.
3. Painted aJutow aznd/or e.evcated 4Lgnz 6houtd be. wmeLd a.-
aece,.mauy to deAne. desi.ehd citcutation pattztm.
4. Cwu.tomAl/emptoyee and sewvice t'aa6ic shoul-d be separa.ted
-o the gteatezt extend po,6ibZe.
5. One-way ~t~tavet Z.anes may be wsed as a t'i6t6c contt.oZ
device in conjunvction with roadway dividem.
5. Ev.Zosw'res, such cZ4 gu/ivdhra.%26, cwubs, 6enCeu, wat?,
and Zandcicaping, should be used to idenvtiZy cticutation
pattetns6 o6 pairking cva~ea and to A-Lect driviLng movements
diagonaPty across pa,%king aizte.u, but not to Ireduce visibility
oJ oncoming pededsatkian,-.s and vehiac~e.
c. PakiZng
1. Acce, -to pvarking Stairs showtd not be Ftrom major
iLnteiiot t'ave2 Zaxnes.
2. Pa.uking aizees shou~d be orieneted petpendicu~aA -to stores
O'. bunezzea 60o eazy pedes~tjian acceus and visibiZLty.
3. The oeeow0ing dimenszion ae minlmnms on. o-sta?-t Zayout6:

PARKING STALL SKEW STALL AISLE
ANGLE WIDTH WIDTH DEPTH WIDTH

IIHJ~ 114-4 \IDV--D

90' 9'-0" 16'-5" 26'0"

60' 8L&' 10L5U 19'-" &'16'- 0"

45" 12'9" 17L 5" O E -Wo

300 8'6" 17'-Q" 17' oQ" 12-/0"

164

4. Painte.d sttipes should be used to delineate palking
sta2s. S.tzipes should be a minimum of 4" in Width.
Wheree double Zines ate used, they shoued be separated a
mirnmum o 1'0O" on centeL.

5. In aisle& utlzieng diagonal paLking, a'rtowz should be
painted on the pavement to indicate ptopet ta64ic flow.

6. Bumpe and/orat wheeZ stops should be provided wheALe ovetr-
hang of pahked catx might te4tict itrafdic fZow on adjacent
through oands, restLict pedestrian movement on adjacent
walkways, ot damage landscape materials.

d. Road Suwrace

1. Roadz and patking areas 4hould have a hard, duzt-free
sur6ace.

2. Sutrace dwainage pattents4 hould be defined to provide
positive 6Zow to ditches, catch basins ot other drainage
sttruct4e. Additionat catch baitns should be considered
to Leduce pavement icing fdrom melt-off and snow stoLage.

D. Terms and Conditions. The Board may, as a term or condition of
approval, establish any reasonable requirement to ensure that the developer
has made adequate provision for traffic movement, such as:

1. Requiring limitations on the size, time of operation, manner
of operation and number of vehicles operating out of or into the
development area.

2. Requiring the appointment of a traffic control officer.

3. Requiring that adequate provision be made for on-site traffic
movement during the inclement weather.

4. Requiring restrictions in a residential subdivision, such as:

a. The number and type of dwellings per lot.

b. Requiring that lots bordering on interior roads enter and
exit onto interior roads rather than major access roads.

c. Requiring the installation of sidewalks and bicycle paths
to provide adequate access for school children, the elderly,
the handicapped, or others requiring special considerations.

5. Restricting the location of driveways.

6. Requiring the clearing of brush or other obstructions near
entrance-ways to insure visibility for adequate site distances.

7. Requiring the installation of traffic warning, speed limit,
and directional signs.

8. Requiring the construction of frontage roads or turning lanes.

165

After public notice and public hearings held on June 14 and 15, 1979,
the above regulations are hereby adopted this 8th day of August, 1979.

BASIS STATEMENT: These regulations are intended to
explain and clarify the meaning of the traffic movement
standard of the Site Location Law (38 M.R.S.A. �484(2))
and to set out the duties, powers, responsibilities,
and limitations of the Board and of applicants for
approval of proposed developments under that standard.

AUTHORITY: 38 M.R.S.A. �343

EFFECTIVE DATE: November 1, 1979

166

06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter 375 NO ADVERSE ENVIRONMENTAL EFFECT STANDARD OF THE SITE LOCATION
LAW

SUMMARY: These regulations describe the scope of review of
the Board in determining a developer's compliance with the "no
adverse effect on the natural environment" standard of the Site
Location Law (38 MI.R.S.A. �484(3)); the information which shall
be submitted, when appropriate, within an application for
approval; and, the terms and conditions which the Board may
impose on the approval of an application to ensure compliance
with the standard.

NOTE: In determining whether the deveZopeA has made adequate provuision
for fttng tke development harmoniousZy into the existing natuAa2 envionment
and that the development uis not adverety affect existing uze , scenic
chaocter, ot natw resource in the municipality ot in neighboring muni-
cipaties, the Boad ha identified sevval zpecijc areas of conceAn which
are dealt wth in detaiw below.

1. No Unreasonable Adverse Effect On Air Quality

A. Preamble. The Board recognizes that point source emissions from
certain types of commercial and industrial developments and solid waste
disposal facilities and non-point source emissions deriving from industrial,
commercial, and governmental developments can have an unreasonable adverse
effect on air quality.

B. Scope of Review. In determining whether the proposed development
will have an unreasonable adverse effect on ambient air quality, through
point or non-point sources of chemical pollutants or particulate matter,
the Board shall consider all relevant evidence to that effect, such as
evidence that:

1. The best practicable treatment of point sources of air pollution
will be utilized and that point source emissions meet state ambient
air quality standards and state emission standards.

2. The amount of air pollution produced from either point or non-
point sources of air emissions will be consistent with the Board's
"Policy on Air Quality Use," adopted March 28, 1979.

C. Submissions. Applications for approval of proposed industrial,
commercial and governmental developments and solid waste disposal facilities
shall include evidence that affirmatively demonstrates that there will be
no unreasonable adverse effect on air quality, including information such
as the following, when appropriate:

1. Evidence that an Air Emission License has been or will be
obtained.

2. Evidence that increased traffic generated by the development
will not significantly affect the ambient air quality. Modeling
of the effect of non-point sources of air pollution on ambient air
quality may be requested.

167

D. Terms and Conditions. The Board may, as a term or condition of
approval, establish any reasonable requirement to ensure that the proposed
development will have no unreasonable adverse effect on air quality, such
as requiring that:

1. Emissions from point sources of pollution be monitored.

2. The size of the parking lots be limited in o-rder to limit the
amount of non-point source pollutants generated by the development.

2. No Unreasonable Alteration of Climate

A. Preamble. The Board recognizes the potential of large-scale, heavy
industrial facilities, such as power generating plants, to affect the climate
in the vicinity of their location by causing changes in climatic charac-
teristics such as rainfall, fog, and relative humidity patterns.

B. Scope of Review. In determining whether the proposed development
will cause an unreasonable alteration of climate, the Board shall consider
all relevant evidence to that effect.

C. Submissions. Applications for approval of large-scale, heavy
industrial developments, such as power generating plants, shall include
evidence that affirmatively demonstrates that there will be no unreasonable
alteration of climate, including information such as the following, when
appropriate:

1. Evidence that the proposed development will not unreasonably
alter the existing cloud cover, fog, or rainfall characteristics
of the area,

D. Terms and Conditions. The Board may, as a term or condition of
approval, establish any reasonable requirement to ensure that the proposed
development will not cause an unreasonable alteration of climate.

3. No Unreasonable Alteration of Natural Drainage Ways

A. Scope of Review. In determining whether the proposed development
will cause an unreasonable alteration of natural drainage ways, the
Board shall consider all relevant evidence to that effect, such as evidence
that:

1. Where a development site is traversed by a natural water course,
drainage way, channel, or stream, a drainage right-of-way will be
provided that substantially conforms with the lines of such natural
water courses. Such rights-of-way shall be at least thirty feet
in width.

2. Any grading or other construction activity on the site will
cause no unreasonable alteration of natural drainage ways such
that drainage, other than that which occurred prior to development,
will adversely affect adjacent parcels of land and that drainage
ways flowing from adjacent parcels of land to the development site
will be impeded.

768

B. Submissions. Applications for approval of proposed developments
shall include evidence that affirmatively demonstrates that there will be
no unreasonable alteration of natural drainage ways, including information
such as the following, when appropriate:

1. A plan showing all existing water courses, drainage ways,
channels, or streams to be affected by the development, and the
nature, width and location of proposed easements, rights-of-way,
culverts, catch basins or other means of channeling surface water
within the development and over adjacent parcels of land.

2. Deed covenants which establish the easements or rights-of-way
and provide for their continued maintenance.

C. Terms and Conditions. The Board may, as a term or condition of
approval, establish any reasonable requirement to ensure that there will be
no unreasonable alteration of natural drainage ways.

4. No Unreasonable Effect On Runoff/Infiltration Relationships

A. Preamble. The Board recognizes that some developments cause
unreasonable increases in stormwater runoff by decreasing the infiltrative
capacity of the soils on a development site. The Board also recognizes that
increases in stormwater runoff cause increased danger of flooding, the
pollution of surface water bodies, and the depletion of groundwater resources.

B. Scope of Review. In determining whether the proposed development
will have an unreasonable effect on runoff/infiltration relationships, the
Board shall consider all relevant evidence to that effect, such as evidence
that:

I. A stormwater management system will infiltrate, detain, or retain
water falling on the site during a storm of an intensity equal to a
twenty-five year, twenty-four hour storm such that the rate of flow
of stormwater from the development does not exceed the rate of out-
flow of stormwater from the site prior to the undertaking of the
development.

a. Developments which convey stormwater directly into the ocean
(excluding estuarine tidewaters) exclusively in manmade piped or
open drainage systems are exempt from the requirements of this
subsection.

2. The physical, biological, and chemical properties of the receiving
waters will not be unreasonably degraded by the stormwater runoff from
the development site.

3. The peak discharge of the receiving waters will not be increased
as the result of the stormwater runoff from the development site for
storms up to a level of intensity of a twenty-five year, twenty-four
hour storm.

C. Submissions. Applications for approval of proposed developmencs shall
include evidence that affirmatively demonstrates that there will be no unrea-
sonable effect on runoff/infiltration relationships, including information
such as the following, when appropriate:

169

1. Evidence that the proposed stormwater management system has been de-
signed by a professional engineer or other person duly qualified to under-
take the design. The designer of the system will evaluate the effective-
ness of various stormwater methods and develop and make available for re-
view the hydraulic computations based on accepted engineering practices
to demonstrate that the standards established under.subsection B, above,
will be met.

2. Evidence that the stormwater management system will take into consid-
eration the upstream runoff which must pass over or through the develop-
ment site. The system will be designed to pass upstream flows generated
by a twenty-five year frequency through the proposed development without
overloading the system or flooding areas not specifically planned for
such flooding.

3. Evidence that the design of piped or open channel systems will be
based on a ten year flow frequency without overloading or flooding beyond
channel limits. In addition, the areas expected to be flooded by runoff
of a twenty-five year frequency will be designated, and no structures
will be planned within such area.

4. Evidence that, where permanent embankment-type storage or retention
basins are planned, the basins will be designed in accordance with good
engineering practice, such as outlined in the Soil Conservation Service
Engineering Field Manual or other appropriate references.

5. Evidence that rights-of-way or easements will be designated for all
components of the stormwater management system lying outside of estab-
lished street lines.

6. Evidence that the developer will maintain all components of the storm-
water management system until it is formally accepted by the municipality
or a quasi-municipal district, or is placed under the jurisdiction of a
legally created association that will be responsible for the maintenance
of the system. The charter of such an association must be acceptable to
the Board.

7. Evidence that the stormwater management system will be fully coordin-
ated with project site plans, including consideration of street patterns,
pedestrian ways, open space, building siting, parking areas, recreational
facilities, and other utilities, especially sanitary wastewater disposal
facilities.

8. When the construction of a development is to occur in phases, the
planning of the stormwater management system should encompass the entire
site which may ultimately be developed, and not limited to an initial or
limited phases of the development.

NOTE: The. fotowvig te6erenceS may be of ac sis.tance to a devetopert in making
the necessaty computations anzd in deignng the stoimva.teA management system:

"Urban Hydeotogy ort Smalt Watchleds", Technical Rceae.e No. 55, USDA,
Soiz Conservation Service, Univeity of Maine, Otono, Maine.

170

"WNter Resowcca Prcatrclo. Measwkes in Land Oevc upmv'nt - A Handbook",
Tou'bier and Wctmacott, Uveysitjy of DVe-aware Waite, Resourtces Cen~trt,
Newatk, Ve&uartc.

D. Terms and Conditions. The Board may, as a term or condition of ap-
proval, establish any reasonable requirement to ensure that there will be no
unreasonable effect on runoff/infiltration relationships.

5. Erosion and Sedimentation Control

A. Preamble. The Board recognizes the importance of controlling erosion
and sedimentation to protect water quality and wildlife and fisheries habitat.
Additionally, the Board considers topsoil to be a natural resource which
should be properly managed. Control of erosion and sedimentation is a concern
both during and after construction activities.

B. Scope of Review. In determining whether the developer has made ade-
quate provision for controlling erosion and sedimentation, the Board shall
consider all relevant evidence to that effect, such as evidence that:

1. All earth changes will be designed, constructed, and completed
in such a manner so that the exposed area of any disturbed land will
be limited to the shortest period of time possible.

2. Sediment caused by accelerated soil erosion will be removed from
runoff water before it leaves the development site.

3. Any temporary or permanent facility designed and constructed for
the conveyance of water around, through, or from the development site
will be designed to limit the water flow to a non-erosive velocity.

4. Permanent soil erosion control measures for all slopes, channels,
ditches, or any disturbed land area will be completed within fifteen
calendar days after final grading has been completed. When it is not
possible or practical to permanently stabilize disturbed land, tem-
porary erosion control measures will be implemented within thirty cal-
endar days of the exposure of soil.

5. When vegetative cover will be established as a temporary or per-
manent erosion control measure:

a. Plant species to be used and the seeding rates will take into
account soil, slope, climate, and duration and use of the vegeta-
tive cover.

b. Mulch will be provided at rates appropriate to ensure a min-
imum of soil and seed loss until an acceptable "catch" of seed is
obtained.

c. Reseeding will be done within a reasonable period of time if
there is not an acceptable "catch".

6. All development plans will incorporate building designs and street
layouts that fit and utilize existing topography and desirable natural
surroundings to the fullest extent possible.

7 71

C. Submissions. Applications for approval of proposed developments
shall include evidence that affirmatively demonstrates that adequate provi-
sion will be made to control erosion and sedimentation, including informa-
tion such as the following, when appropriate:

1. A comprehensive erosion and sedimentation control plan, designed
in accordance with tL-e "Maine Environmental Quality Handbook", the
U.S.D.A., Soil Conservation Service's Engineering Field Manual, or
another appropriate reference, which includes the following informa-
tion:

a. A description and location of the limits of all proposed
construction activities which result in the disturbance of the
land.

b. A description and location of all existing and proposed on-
site drainage.

c. The timing and sequence of all proposed land disturbances.

d. A description and location of all proposed temporary and per-
manent erosion and sedimentation control measures, including the
timing and sequence of their completion.

e. A proposed program for the maintenance of all erosion and
sedimentation control facilities which will remain after the
project is completed, including a designation of the responsible
party.

D. Terms and Conditions. The Board may, as a term or condition of ap-
proval, establish any reasonable requirement to ensure that the developer
will make adequate provisioi to control erosion and sedimentation, such as
requiring that:

1. Erosion control devices be in place before the commencing of other con-
struction activities.

2. Construction activity be limited to certain times of the year, par-
ticularly when soil type, slope, and the extent of area to be stripped
pose serious potential for erosion and sedimentation.

6. No Unreasonable Adverse Effect On Surface Water Quality

A. Preamble. The Boarir recognizes that developments have the potential
to cause the pollution of s..-:ace waters through both point and non-point
sources of pollution.

B. Scope of Review. L:i determining whether the proposed development
will have an unreasonable adverse effect on surface water quality, the Board
shall consider all relevant evidence to that effect, such as evidence that:

1. The development: or reasonably forseeable consequences of the dev-
elopment will not discharge any water pollutants which affect the
state classificatioit of a surface water body (38 M.R.S.A. � 363 et
seq.)

1 72

2. The best practicable treatment of point sources of water pol-
lutants will be utilized.

3. The total phosphorous concentrations in all tributaries to great
ponds will not exceed the standard established in Department Regula-
tion 583.1 as the result of the proposed development.

4. Any effect on surface water temperature will be in compliance
with all appropriate standards established in Department Regulations
582.1 - 532.8.

C. Submissions. Applications for approval of proposed developments shall
include evidence that affirmatively demonstrates that there will be no unrea-
sonable adverse effect on surface water quality, including information such
as the following, when appropriate:

1. Where sewage disposal is to be handled off-site by a municipal
or quasi-municipal sewage treatment facility, a letter from the
authorized agent of the facility stating that there is adequate cap-
acity to ensure satisfactory treatment.

2. Evidence that a waste discharge license, as required by 38 M.R.S.A.
� 413 et se. has been or will be obtained.

D. Terms and Conditions. The Board may, as a term or condition of ap-
proval, establish any reasonable requirement to ensure that the proposed dev-
elopment will have no unreasonable adverse effect on surface water quality.

7. No Unreasonable Adverse Effect On Ground Water Quality

A. Preamble. The Board recognizes the importance of protecting ground
water resources in order to promote the future health, safety, and welfare
of the citizens of Maine through the maintenance of an adequate supply of
safe drinking water.

B. Scope of Review. In determining whether the proposed development will
have an unreasonable adverse affect on ground water quality, the Board shall
consider all relevant evidence to that effect, such as evidence that:

1. The development will not result in the existing groung water qual-
ity becoming inferior to the physical, biological, chemical, and ra-
diological levels for raw and untreated drinking water supply sources
specified in the Maine State Drinking Water Regulations, pursuant to
22 M.R.S.A. 9601. If the existing ground water quality is inferior
to the State Drinking Water Regulations, the developer will not de-
grade the water quality any further.

C. Rebuttable Presumption Against Disposal Of Wastes In Certain Areas.
The Board operates under the rebuttable presumption that the storage and/or
disposal of solid wastes, hazardous wastes, and leachable or liquid wastes,
including petroleum products and septage, pose serious threats to public
health, safety, and welfare through the potential pollution of the ground
water when such storage and/or disposal occurs on or above sand and gravel
aquifers or the recharge areas of sand and gravel aquifers.

173

NOTE: Map6 of sand aid gravae aquifen and thezir techarge areas are
available for portions of the state frm the Bureau of GeoZogy, Vepavment
o6 Cornsvation, Augusta.

1. An applicant seeking approval for a development which involves
one or more of the activities specified above, must overcome this
presumption by persuasive evidence that the development is unique
in some way that allows for compliance with the intent of this sub-
section.

D. Submissions. Applications for approval of proposed developments shall
include evidence that affirmatively demonstrates that there will be no
unreasonable adverse effect on ground water quality, including information
such as the following, when appropriate:

1. A comprehensive list, including physical and chemical charac-
teristics and projected quantities of wastes to be disposed of or
stored within the proposed development which may potentially
contaminate the ground water.

2. Methods for preventing ground water pollution as the result
of the disposal and/or storage of wastes.

3. An evaluation of the geological, hydrologic, and soils conditions
of the development site.

4. Data establishing background ground water quality.

5. Proposed plan of action, and alternatives, to be followed in
the event the proposed development results in ground water con-
tamination.

E. Terms and Conditions. The Board may, as a term or condition of
approval, establish any reasonable requirement to ensure that the proposed
development will have no unreasonable adverse effect on ground water quality,
such as requiring that:

1. A ground water monitoring program be established and reports
be filed with the Department at designated intervals.

2. Specified wastes not be disposed of or stored within the
proposed development.

8. No Unreasonable Adverse Effect on Ground Water Quantity

A. Preamble. The Board recognizes the importance of maintaining an
adequate supply of ground water for drinking purposes. The Board also
recognizes that the depletion of ground water resources can result in the
intrusion of salt water into potable ground water supplies and can affect
the hydrologic characteristics of surface water bodies (peak flows, low
flows and water levels) resulting in adverse effects on their assimilative
capacity and recreational use, as well as on certain wildlife habitats.

174

Additionally, new wells can cause a lowering of the ground water supply
to the point where existing wells run dry, particularly during the late
summer and early fall.

B. Scope of Review. In determining whether the proposed development
will have an unreasonable adverse effect on ground water quantity, the Board
shall consider all relevant evidence to that effect, such as evidence that:

1. The quantity of water to be taken from ground water sources
will not substantially lower the ground water table, cause salt
water intrusion, cause undesirable changes in ground water flow
patterns, or cause unacceptable ground subsidence.

C. Submissions. Applications for approval of proposed developments
shall include evidence that affirmatively demonstrates that there will be no
unreasonable adverse effect on ground water quantity, including information
such as the following, where appropriate:

I. Estimates of the quantity of ground water to be used by the
proposed development.

2. In areas where salt water intrusion, the lowering of the ground
water level, or land subsidence have been or can reasonably be
expected to be a problem, a report by a duly qualified person
addressing the potential effects of ground water use by the pro-
posed development.

D. Terms and Conditions. The Board may, as a term or condition of
approval, establish any reasonable requirement to ensure that there will be
no unreasonable adverse affect on ground water quantity, such as requiring
that:

1. A development obtain its water from a surface water source,
public community supply, or utility.

2. Wells in the surrounding area be monitored to determine the
effect of the development on ground water levels.

3. People in the surrounding area, whose wells are adversely affected
by the development, be provided with new wells or another source of
potable water for their use and consumption.

9. Buffer Strips

A. Preamble. The Board recognizes the importance of -natural buffer
strips in protecting water quality and wildlife habitat. The Board also
recognizes that buffer strips can serve as visual screens which can serve
to lessen the -visual impact of incompatible or undesirable land uses. The
width and nature of buffer strips, if required, shall be determined by the
Board on a case-by-case basis.

B. Scope of Review. In determining whether the developer has made
adequate provision for buffer strips, when appropriate, the Boa-rd shall
consider all relevant evidence to that effect, such as evidence that:

175

1. Water bodies within or adjacent to the development will be
adequately protected from sedimentation and surface runoff by
buffer strips.

NOTE: The 4 CoCoingj GUIVELINES add,%uza the w-idtlh oJ bu..eA s5~t.Lp4
whLch zhoud be ontabt&&shed beaveen wate,' bodi.es and. opetratiovns to
ex-ttact na-twtzae touAceu ok bovwrw pit operatLion.

- No poa'tioZn o6 any grtoulnd a'teca diztLwLbed by Zthe ex.ttctionz o4 natuwaa
uowAOce k o ct sand, JiU o't gAavte on Zatnd ~Zoping tCowwt(d tChe wate}L
,shou~d be ch oose tothle nrma2 hkigh wateA mairk oJ a ~ZoLtving, tandaing,
okt tidaZ body o6 wcateA thatn i&6 indiadted by -the 6oZeowi&ng tabZe:

Aveaage. sZope o6 Land Betxeen Widtdh oJ Sttp Betveen Exposed
Exposed Mineta. SoiZ and Notma.Z iM.Lnew SoiZ and NvrtmaZ Highh
High Wate,% MaAk (Pet.centt) Wavte Maxiz (Feet Atong SLuAace
od the Gtound)

0 50
10 90
20 130
30 170
40 210
50 250
60 290
70 330

2. Buffer strips will provide adequate space for movement of
wildlife between important habitats.

3. Buffer strips will shield adjacent uses from unsightly develop-
ments and lighting.

a. Developments involving the excavation of natural resources
and borrow pit operations will retain a minimum buffer strip
of 150 feet from all property lines. If written permission of
the abutter is obtained, a buffer strip of no less than 25 feet
may be allowed. The working edge of an extractive activity
will be no closer than 150 feet to any public road or way.

NOTE: The 6cwolwing GUIDELINES shou.Zd be considered in estabishning
v,6uaZ bu6svL ier tAt.

1. PZankt matetiats u"ed in -the aceen plaeuting wLm22 be aLt Zeas
iowt Jet high when p.an.ted and be oa auch evvtg/een pspecLe as
wiZZ pkoduce uet-nate~y a deptse v~suae 5cQCn aCt ZeaCt eighft 6eet
high. Aktetnalt-ivety, a Six-joot high wooden 6ence, without open&tLg-
wLidVe lthan 77, may be ubstituted,

2. The nece.;u wiLZE be maintained, petmaneiute, and any pZantC
matectia- wh,-ch does loat 4ivc toZU be te.p.aced crvthipn one yea.%.

176

3. Scteen peanlng wcire be so placed that at matutity it wi/ be
no ccoeA Cthan three f eet trom any street ot prLopetty l&ie.

4. The screen wilt be broken onley at poikut of vekicutZa ot pedestrian

5. Fencing and 5cteenng wihl be so located within the deveopeA's
property Une to allow acces fot maintenance on both sides withoLut
intruding upon abutt&zg ptopeties.

C. Submissions. Applications for approval of proposed developments
shall include evidence that affirmatively demonstrates that adequate provision
of buffer strips, when appropriate, will be made, including information such
as the following:

1. The location and width of all natural buffer strips to be retained.

2. The nature, location, width, and height of all vegetative buffer
strips or architectural screens to be established.

3. Legal provisions for the maintenance of all buffer strips and
architectural screens.

D. Terms and Conditions. The Board may, as a term or condition of
approval, establish any reasonable requirement to ensure that the developer
has made adequate provision for the establishment of buffer strips, such
as requiring:

1. The maintenance of existing vegetation as a natural buffer
strip, which shall remain as a permanent feature of the landscape.

2. The incorporation of buffer strip maintenance into deed covenants
in projects where deed transfers of property to the general public
are contemplated.

3. Written permission of the Department of Environmental Protection
for activities which may adversely affect a body of water or wildlife
habitat protected by a natural buffer strip, such as: removal of
live trees, stump and root systems, and the displacement of rocks,
topsoil and similar activities which would cause or allow increased
soil erosion.

4. The establishment of particular species of vegetation.

5. The use of particular materials, colors, and styles in the
construction of architectural screens.

10. Control of Noise

A. Preamble. The Board recognizes that certain types of industrial
and commercial developments, mining operations and roads may cause excessive
levels of noise which result in physiological, psychological or economic
damage.

177

B. Scope of Review. In determining whether a developer has made adequate
provision for the control of noise generated by the proposed development the
Board shall consider all relevant evidence to that affect, such as evidence
that-

1.Effective noise muffling devices or other technical solutions
will be used to reduce the impact of the proposed development on
background noise levels.

C. Submissions. If the development will be the source of significant
noise, applications for approval of proposed developments shall include
evidence that affirmatively demonstrates that adequate provision for the
control of noise will be made, including information such as the following,
when appropriate:

1. Identification of the sources and nature of any noises from
the development which will be at levels substantially above back-
ground noise levels, the levels of noise expected, and methods to
be utilized to reduce the impact of noise on surrounding uses.

2. Where background noise levels may be increased by more than
ten decibels (dbA) at any time for a duration exceeing one minute,
a detailed assessment will be submitted including the level and
duration of noise expected, the anticipated effect of the noise
on surrounding uses, the extent of the area affected, and possible
measures to reduce or eliminate the excessive noise.

D. Terms and Conditions. The Board may, as a term or condition of
approval, establish any reasonable requirement to ensure that the developer
has made adequate provision for the control of noise from the development,
such as:

1. Limiting the hours of operation of the development to minimize
the impact on surrounding uses.

11. Preservation of Historic Sites

A. Preamble. The Board recognizes the value to society of preserving
sites of historic significance.

B. Definition. As used in this section, "historic site"~ means any
site, structure, district or archaeological site which has been officially
included on the National Register of Historic Places and/or on the Maine
Historic Resource Inventory, or which is established by qualified testimony
as being of historic significance.

C. Scope of Review. In determining whether a proposed development
will have an adverse effect on the preservation of historic sites either
on or near the development site, the Board shall consider all relevant
evidence to that affect.

178

D. Terms and Conditions. The Board may, as a term or condition of
approval, establish any reasonable requirement to ensure that a proposed
development will not adversely affect preservation of any historic site.

12. Preservation of Unusual Natural Areas

A. Preamble. The Board recognizes the importance of preserving unusual
natural areas for educational and scientific purposes.

B. Definition. As used in this section, "unusual natural area" means
any land or water area, usually only a few acres in size, which is undeveloped
and which contains natural features of unusual geological, botanical, zoo-
logical, ecological, hydrological, other scientific, educational, scenic, or
recreational significance. By way of illustration, and not limitation,
such are, as may include: rare or exemplary plant communities; individual
plant species of unusual interest because of size, species or other reasons;
unusual or exemplary bogs; unusually important wildlife habitats, parti-
cularly, those of rare or endangered species; unusual land forms; fossils
and other deposits of importance to geologists; outstanding scenic areas;
and others of similar character.

C. Scope of Review. In determining whether a proposed development will
have an adverse effect on the preservation of unusual natural areas either on
or near the development site, the Board shall consider all relevant evidence
to that effect.

D. Terms and Conditions. The Board may, as a term or condition of
approval, establish any reasonable requirement to ensure that a proposed
development will not adversely affect the preservation of natural areas.

13. Access to Direct Sunlight

A. Preamble. The Board recognizes that some existing structures utilize
active or passive solar energy systems for purposes such as heating air or
water, and that, in these instances, it may be an unreasonable effect on
existing uses to deny access to direct sunlight.

B. Scope of Review. In determining whether a proposed development will
have an adverse effect on access to direct sunlight, the Board shall consider
all relevant evidence to that effect, such as evidence that:

1. Structures within the proposed development will not block
access to direct sunlight to structures utilizing solar energy
through active or passive systems.

C. Terms and Conditions. The Board may, as a term or condition of
approval, establish any reasonable requirement to ensure that a proposed
development will not block access to direct sunlight.

14. No Unreasonable Effect on Scenic Character

A. 'Preamble. The Board considers scenic character to be one of Maine's
most important assets. The Board also feels that visual surroundings strongly
influence people's behavior.

179

B. Scope of Review. In determining whether the proposed development
will have an unreasonable adverse effect on the scenic character of the
surrounding area, the Board shall consider all relevant evidence to that
effect, such as evidence that:

i. The design of the proposed development takes into account
the scenic character of the surrounding area.

2. A development which is not in keeping with the surrounding
scenic character will be located, designed and landscaped to
minimize its visual impact to the fullest extent possible.

3. Structures will be designed and landscaped to minimize their
visual impact on the surrounding area.

NOTE: The dcoPeowing ate GUIPELINES Jo& the an dscaping o6 parwking tots,
which at e 64tuctwu puwsuant to 38 M.R.S.A. 9482(6)(().

a. Lighting wuZLZ be 6hieZded datm adjacent hiLghways and tesidentiaZ
a/Lea6.

b. CwLbed pPa;mtrng 6.trips wiZZ be utiZZ-ed in pa/rking a'eaA ot
2 acctes o mocr. Ptan-ting st,%ip w(2 be a minimum o6 ten (10)
deet wiide and spaced between every secaond doubte bay parkiJng a'&bZe
o4 200 6eet, whiheverv is teu,

c. When -the partking ZotS are adjacent to a. te4-identiaZ ae, Zand-
,csaping and/or a&tchitecr~tutraL sc-eenz wL&U be utilized to prrovide
an e66ective petimeteA 6 epa44tion avrea between pu'petty tinez and
the edge oJ -the pavement and/or t Thvre wZU be a miLnimum
,setback ad di6teen (15) 6eet 6,om the p'wpe-tty Zine. The 8oavtd may
4equivte a zbimidt. ptuvizion when -the patking tot is adjacent to
oathe. tand uze,6

d. Ptanting and maintenance pwggtam 6p ci -ictc'ions LwL.U be developed
to prwvide tie eamtiest estabZishment od Zandscape mateaiaZ6 and
-the;A maintenance.

e. PZantZng zpei~icationz-

i. Shtub-6 wilZ be pZanted with a 24" minimum size do,%
thocse speciaied by zpAead.

iH. Sh,'ub,5 wZ&U be ptan~ted wZth a. 36" minLimum1 size 604 -those
Apeci{ied by height.

iii. Shade t'tee.u w-Z2-Z be hzighc.owned speciu& with a,,cending
o't &ate,'La. b.Ctanckisig halbit iLndigenouz -to the area, toZeAanvt
to exbstiuj -o-iZa and uitbanEzed condition,, two-inch
miLnimLum caZcipet memswted six inches. up 6,tom the base, and
ptaivted a mctx-imum o6 30' on cycn.te.

iv. Feowning and ever.gteen tucui ZZ be a minimum o6 7' -ta~Y
and pianzted a max~inum ad 20' on centetV-.

ISO

v. Se�ccttuIrs �ou groutid COvC, L2CC te"tect Cte poject.C's
uJwictco., expected ,co.t ta.tc4jc, expc*Sur, and manttenance

6. Provisdo'4 wiu be made to 5uppZy watvt to poanted isZands and
o.thei vegetated areas.

4. The plans for the proposed development provide for the
preservation of existing elements of the development site which
contribute to the maintenance of scenic character.

C. Submissions. Applications for approval of proposed developments
shall include evidence that affirmatively demonstrates that there will be no
unreasonable adverse effect on the scenic character of the surrounding area,
including information such as the following, when appropriate:

1. Sketches of the proposed development indicating how the
development fits into the scenic character of the area.

2. Landscaping plans for minimizing the visual impact of the
parking lots, mining operations and other types of developments.

1. Illumination of the development be limited.

2. Vegetative or architectural screens be established.

15. Protection of Wildlife and Fisheries

A. Preamble. The Board recognizes the need to protect wildlife and
fisheries by maintaining suitable and sufficient habitat and the suscept-
ability of certain species to disruption and interference of lifecycles by
construction activities.

B. Scope of Review. In determining whether the developer has made
adequate provision for the protection of wildlife and fisheries, the Board
shall consider all relevant evidence to that effect, such as evidence that:

1. A buffer strip of sufficient area will be established to
provide wildlife with travel lanes between areas of available
habitat.

2. Proposed alterations and activities will not adversely affect
wildlife and fisheries lifecycles.

3. There will be no unreasonable disturbance to:

a. Important deer wintering areas.
b. Habitat of any species declared threatened or endangered
by the Commissioner, Maine Department of Inland Fisheries and

Wildlife or the Director of the U.S. Fish and Wildlife
Service.
c. Nesting sites for bird colonies.

C. Submissions. Applications for approval of proposed developments shall
include evidence that affirmatively demonstrates that th'e developer has made
adequate provision for the protection of wildlife and fisheries, including
information such as the following, when appropriate:

1. The location of natural bluffer strips and adequate provision
for their maintenance.

2. Plans to mitigate adverse effects on wildlife and fisheries
through design considerations, pollution-abatement practices,
and the timing of construction activities.

D. Terms and Conditions. The Board may, as a term or condition of
approval, establish any reasonable requirement to ensure that a developer
has made adequate provision for the protection of wildlife and fisheries.

After public notice and public hearings held on June 14 and 15, 1979,
the above regulations are hereby adopted this 8th day of August, 1979.

BASIS STATEMENT: These regulations are intended to
explain and clarify the meaning of the No Adverse
Environmental Effect Standard of the Site Location
La~w (38 M.R.S.A. �484(3)) and to set out the duties,
powers, responsibilities, and limitations of the Board
and of applicants for approval of proposed developments
under that standard.

AUTHORITY: 38 M.R.S.A. 9343

EFFCTIVE DATE: November 1, 1979

182

06-096 DE�ART'ENT ()O ENV/LI�}NMENTAL P'ROTECTION

AL Chapter 376 SOIL TYPES STANDARD OF THlE SITE LOCATION LAW

SUiVARY: These regulations describe the scope of review of
the Board in determining a developer's compliance with the
"soil types" standard of the Site Location Law (38 M.R.S.A.
9484(&)); the information which shall be submitted, when ap-
propriate, within an application for approval; and, the terms
and conditions which the Board may impose on the approval of
an application to ensure compliance with the standard.

1. Soil Types Suitable For the Development

A. Scope of Review. In determining whether the proposed development
will be located on soils suitable for the nature of the development, the
Board shall consider all relevant evidence to that effect, such as evi-
dence that:

1. All major limitations to the proposed development presented
by soil characteristics will be overcome by proper engineering
techniques.

2. The developer will comply with the "Maine Guidelines For Septic
Tank Sludge Disposal On Land", the "Maine Guidelines For Manure and
Manure Sludge Disposal On Land", and all other appropriate regu-
lations and guidelines.

Ot~ w 3. When a single family, residential development is proposed to
be served by individual, on-lot subsurface sewage disposal systems
and individual, on-lot wells, the lots will be at least the minimum
area established in Table A according to the soil characteristics
of each lot as determined by a licensed site evaluator.

a. Lots smaller than the minimum area specified in Table A
may be allowed if a developer can present evidence that, be-
cause of unique characteristics of the site, or because of an
innovative and acceptable method of on-lot sewage disposal, the
minimum lot size requirement should not apply.

NOTE: Thee Board rccogaizez the advantages oa c&uster devetopment
and encowtage th.e uae o6 this approach to deveEopment design. The
estabtilhmcJt of minimum lot sizes ,in 4ubsect~ont 3 is noat intendcd
to diacout.age the. me of a cas-tet app.oach to developmentt.

B. Submissions. Applications for approval of proposed developments
shall include evidence that affirmatively demonstrates that the development
will be built on suitable soils, including information such as the follow-
ing, when appropriate:

1. A map indicating soil types or general characteristics of the
soils. Soil boundaries are to be observed throughout their length
and air photos may be used to aid boundary delineations. The maximum
size of any included dissimilar soils will be one-half acre. The
soils are to be mapped at the same scale as the map showing the lay-

183

Table A
Soil Conditions

A Bedrock B Free of C Generally
encountered drainage mot bright colors in
at depths tling to the top 60 cm. (24"
SOIL PROFILES of O to depth of of the soil with
100 cm 100 cm (338") drainage mottling a
(38") or greater depths 38-100 cm.
(15"-39")

PROFILE SILTY GLACIAL TILL SOILS - Silt loam soils sq. ft. sq. ft. sq. ft.
to a depth of 100 cm (39") or more, or
until bedrock. These soils tend to become
more compact with depth. Stones may be 40,000 25,000 33,000
present throughout the profile. May or
may not have an impervious layer.
Generally finer textured (silty) tills

PROFILE LOAfY GLACIAL TILL SOILS - Loam to sandy
loam soils to a depth of 100 cm (39") or 30,000 21,000 29,000
2 more, or until bedrock. Stones may be
present throughout the profile.

Glacial till

PROFILE i LOAMY GLACIAL TILL SOILS WITH PAN - Loam
to sandy loam soils to a depth of 100 cm
3 (391") or more, or until bedrock. These
soils become firm to very firm at depths 30,000 29,000 29,000
of 30-75 cm. (12" - 30") Stones may
be present through the profile. This
till is a firm basal or lodgement till

PROFILE SANDY GLACIAL TILL SOILS - Sandy loam
to loamy sand soils to a depth of 100 cm 26,000 20,000 25,000
4 (39") or more, or until bedrock. Stones
may be present throughout the profile.
This till is a coarse textured ablation
till

PROFILE LOAMY OUT:'.ASII SOILS - Loam to sandy loam
soils underlain by stratified sands and
5 gravels at depths less than 100 cm. (39") 80,000 40,000 SO,000
Stones or cobbles may be present in the
lower portion of the profile. Proglacial
and ice-contact stratified drift - medium
to fine sands.

PROFILE SANDY OUTWASHI SOILS - Loamy sands and
gravelly sandy soils underlain by strati-
6 fled sands and gravels at depths less
than 100 cm. (39") Stones or cobbles 80,000 40,000 80,000
may be present throughout the profile.
Proglacial and ice-contact stratified
drift - coarse sand and gravels.

PROFILE SANDY MIXED ORIGIN SOILS - Sandy loam
to loamy sand soils underlain by very
7 firm silts to silty clays at depths less 30.000 29,000 29,000
than 100 cm. (39") Stones are usually
absent in the profile. StratiFied drift
over marine janId lacustrine sediments.

PROFILE SANDY MIXED ORIGIN SOILS - Silt loam
to fine sandy soils underlain by dense
8 or firm stratified silts and lenses of 34,000 33,000 33,000
very fine sands at depths less than
100 cm. (39") Sctones are usually
absent in the profile. Stratified
deposits, primarily marine or l.lcustrine.

PROFILE SILTY MARINE SOILS - Silt loam soils
underlain by very firm silt loams to 39,000 38,000 38,000
9 clays ;at depths less than 100 cm. (39")
Stones are us;ually absent in the profilc.
Marine or lacu:;trinl deposits.

184

out of the proposed development. The soils map should include
such features as: lot lines; location of structures, roads, and
other improvements; the location of natural buffer strips, ease-
ments, and dedicated open space; natural features; and, the lo-
cation of test pits and/or borings.

a. A soils map of less detail may be acceptable if it is de-
termined by the Staff that the level of detail required in sub-
section C(l), above, is not necessary to ensure a proper eval-
uation of the development proposal to ensure compliance with
this standard.

2. When on-site sewage disposal is to be utilized, an organized
compilation of all test pit and/or boring investigations, includ-
ing but not limited to the following information: soil series or
soil profile and condition; depth of pit or boring; depth to sea-
sonal high water; depth to bedrock and/oriother impervious strata;
and, soil texture as related to soil profile.

3. A report identifying all major limitations to the proposed dev-
elopment presented by soil characteristics of the site and the tech-
niques which will be used to overcome the limitations. The report
will be prepared by a duly qualified person.

C. Terms and Conditions. The Board may, as a term or condition of ap-
proval, establish any reasonable requirement to ensure that the development
will be built on soil types which are suitable for the nature of the under-
taking, such as requiring:

1. The combination of lots when the lots, as proposed, are not
suitable for the nature of the development proposed.

2. The use of specific on-site, sewage disposal techniques in order
to overcome soils limitations.

3. The establishment of a common sewage disposal system when on-lot
disposal is determined to be undesirable.

After public notice and public hearings held on June 14 and 15, 1979, the
above regulations are hereby adopted this 8th day of August, 1979.

BASIS STATEMENT: These regulations are intended to
explain and clarify the meaning of the Soil Types
Standard of the Site Location Law (38 M.R.S.A. �484(4))
and to set out the duties, power, responsibilities,
and limitations of the Board and of applicants for
approval of proposed developments under that standard.

AUTHORITY: 38 M.R.S.A. �343

EFFECTIVE DATE: November 1, 1979

PROTECTION AND IMPROVEMENT OF AIR LAW

MAINE REVISED STATUTES ANNOTATED
Title 39 � 581-610

Maine Revised Statute,
Annotated, Title 38
��581 - 61 0

Protection and Improve.
metof Air Law

�581. Declaration of findings and intent
The Legislature finds and declares that air pollution exists
with varying degrees of severity within this State, that such
air pollution is potentially and in some cases act ually dangerous
to the health of the citizenry, often causes physical discomfort,
injury to property and property values, discourages recreational
and other uses of the state's resources and is aesthetically unap-
pealing.
The Legislature by this chapter intends to exercise the po-
lice power of the State in a coordinated state-wide prograrn to
control present and future sources of emission of air contami-
nants to the end that air polluting activities of every type shall
be regulated in a manner that reasonably insures the continued
health, safety and general welfare of all of the citizens of the
State; protects property values and protects plant and animal
Ilife.
Nothing in this chapter is intended, nor' shall be construed,
to limit, impair, abridge, create, enlarge or otherwise affect, sub-
stantively or procedurally, the right of any person to damage or
other relief on account of injury to persons or property due to vi-
olation of air quality standards or emission standards and to
maintain any action or other appropriate procedure therefor;
nor to so affect the powers of the State to initiate, prosecute
and maintain actions to abate public nuisances.

186

� 582
� 582. Definitions

As used in this chapter, unless the context otherwise indicntes, the follow-
ing terms shall have the following meanings.

1. Air contaminant. "Air contaminant" includes, but is
not limited to, dust, fumes, gas, mist, particulate matter, smoke,
vapor or any combination thereof.

2. Air contamination source. "Air contamination source"
means any and all sources of emission of air contaminants,
whether privately or publicly owned or operated. Without lim-
iting the generality of the foregoing, this term includes all types
of business, commercial and industrial plants, works, shops and
stores; heating and power plants and stations; buildingand other
structures of all types, including single and multiple family resi-
dences, apartments, houses, office buildings, hotels, restaurants,
schools, hospitals, churches and other institutional buildings;
garages and vending and service locations and stations, railroad
locomotives, ships, boats and other water-borne craft; portable
fuel-burning equipment, indoor and outdoor incinerators of all
types, refuse dumps and piles; and any machinery, equipment,
stack, conduit, flue, duct, vent, chimney or other apparatus lead-
ing out of any of the foregoing.

3. Air pollution. "Air pollution" means the presence in
the outdoor atmosphere of one or more air contaminants in suf-
ficient quantitites and of such characteristics and duration as to
be injurious to human, plant or animal life or to property, or
which unreasonably interfere with the enjoyment of life and
property throughout the State or throughout such areas of the
State as shall be affected thereby; excluding, however, all air
conditions subject to the requirements of employer-employee
contracts, and state or local labor laws and industrial codes inso-
far as these excluded air conditions are confined to and exist
soley witLin the property boundaries of the person giving
rise to that air condition.

4. Air pollution control apparatus. "Air pollution con-
trol apparatus" means and includes any means, method, pro-
cess or equipment wkich, removes, reduces or renders less nox-
ious the emission of air contaminants into ambient air.

5. Ambient air. "Ambient air" means all air outside
of buildings, stacks or exterior ducts.

5-A. Best practical treatment. "Best practical treat-
ment" means that method wlqch controls or reduces emis-
sions of air contaminants to the lowest possible level consid-
ering:
A. The then existing state of technology;
187

B. The effectiveness of available alternatives for ~ 582
reducing emissions from the source being considered;
C. The economic feasibility for the type of establish-
ment involved.

6. Board. "Board" means the Board of Environmental
Protection.

6-A. Repealed. 1977, c. 78, 1 207, eff. April 14,1977.

6-B. Bulk gasoline terminal. "Bulk gasoline terminal"
means a gasoline storage facility which has an average daily
throughput of more than 76,000 liters of gasoline.

7. Emission. "Emission" means a release of air con-
taminants into ambient air.

7-A. Emission source. "Emission source" means any and
all sources of emissions of air contaminants, whether privat-
ely or publicly owned or operated.

7-A-1. External floating roof. "External floating
roof" means a storage vessel cover in an open-top tank con-
sisting of a double deck or pontoon single deck which rests
upon and is supported by the petroleum liquid beinc con-
tained and is equipped with a closure seal or seals to close
the space between the roof edge and tank shell.

7-B. Fuel-burning equipment. "Fuel-burning equip-
ment" means any furnace, boiler, apparatus, stack and all
appurtenances thereto, used in the process of burning fuel
for the primary purpose of producing heat or power by indir-
ect heat transfer. "Fuel-burning equipment" as defined
herein does not include solid waste fuel-burninq equipment
as defined in subsection 11 -B.

7-C. Repealed. 1980, c. 718 s2.

7-C-1. Fugitive emissions. "Fugitive emissions"
means particulate matter emitted by an air pollution source
other than from a stack or flue.

7-D. General process source. "General process source"
means any emission source, except fuel-burning equipment,
incinerators, mobile sources, open burning sources and sour-
ces of fugitive dust.

7-E. Incinerator. "Incinerator" means any device,
apparatus, equipment or structure used for destroying, redu-
cincq or salvaging by fire any material or substance, and shall
be classified as follows:

A. Class I. Portable, packaged, completely assembled,

188

direct fed incinerators 5 to 15 cubic feet primary chamber � 582
volume or a burning rate of 25 to 100 pounds per hour of
type 1 or type 2 waste or a burning rate of 25 to 75 pounds
per hour of type 3 waste;
B. Class I-A. Portable, packaged or job assembled,
direct feed incinerators with 5 to 14 cubic feet primary
chamber volume or a burning rate of 25 to 1 00 pounds per
hour of type I or 2 waste or a burning rate of 25 to 75
pounds per hour of type 3 waste;
C. Class il. Flue-fed, single chamber incinerators
with more than 2 square feet burning area, for type 2
waste. This type of incinerator is served by one vertical
flue functioning both as a chute for charging waste and to
carry the products of combustion to atmosphere;
D. Class II-A. Chute -fed multiple chamber inciner-
ators, with more than 2 square feet burning area, suitable
for type 1 or type 2 waste. This type of incinerator is
served by a vertical chute for charging wastes from 2 or
more floors above the incinerator and a separate flue for
carrying the products of combustion to the atmosphere;
E. Class Iil. Direct-fed incinerators with a burning
rate of 100 pounds per hour and over, suitable for type 3
waste;
F. Class IV. Direct-fed incinerators with a burning
rate of 75 pounds per hour or over, suitable for type 3
waste;
G. Class V. Municipal incinerators suitable for type
0, type 1 , type 2 or type 3 wastes, or a combination of
all 4 wastes, with a rated capacity expressed in tons per
24 hours;
H. Class VI. Crematory and pathological incinerators,
suitable for type 4 waste;
I . Class VII. Incinerators designed for specific by-
product wastes, type 5 or type 6.

7-E-1. Internal floating roof. "Internal floating roof"
means a cover or roof in a fixed-roof tank which rests upon
or is floated upon the petroleum liquid being contained, and
is equipped with a closure seal or seals to close the space be-
tween the roof edge and tank shellf

7-F. Repealed. 1980, c. 718A4.

8. Municipality. "Municipality" includes, for pur-
poses of enacting an air pollution control ordinance, only
cities and organized towns.

8-A. Opacity. "Opacity" means the degree of light
obscuring capability of nonblack visible air contaminant
expressed as a percentage. Complete opacity shall be ex-
pressed expressed 100%.

8-B. Open burning. "Open burning" means the burning

189

of any type of combustible material in the open ambient air � 582
without being completely enclosed and where the products
of combustion are emitted directly into the ambient air with-
out passing through a stack, chimney or duct or other device
or structure.

9. Person. "Person" means any individual, partnership,
corporation, whether private, public or quasi-municipal,
municipality, state governmental agency or other legal entity.

9-A. Process weight rate. "Process weight rate" means
the average total weight of all materials, not including any
gaseous or liquid fuels or combustion air, introduced into
any manufacturing, industrial or combustion process that may
result in the emission of particulate matter to the ambient
air, computed on an hourly basis, and shall be expressed in
terms of weight per unit oi time.

9-B. Petroleum liquid. "Petroleum liquid" means crude
oil, condensate, and any finished or intermediate products
manufactured or extracted in a petroleum refinery.

10. Region. "Region" means air quality regions esta-
blished pursuant to section 583.

11. Ringelmann Chart. "Ringelmann Chart" shall mean
the chart published and described in the U.S. Bureau of
Mines Information Circular 8333, on which are illustrated
graduated shades of gray for use in estimating the light ob-
scuring density or opacity of any black emissions or any
other such device which may be approved by the board.

11 -A. True vapor pressure. "True vapor pressure" means
the equilibrium partial pressure exerted by a petroleum
liquid as determined in accordance with methods described
in American Petroleum Institute Bulletin 2517, "Evaporation
Loss from Floating Roof Tanks, " 1962.

11-A. Solid waste fuel. "Solid waste fuel," when burned
as fuel in solid waste fuel-burning equipment, means any
material, other than primary fossil fuel, including, without
limitation, garbage, refuse, sludge from a waste treatment
plant or air pollution control facility, sawdust, shavings,
chips, bark, slabs or inert fill material.

(Note: This conflict in numbering should be resolved during
the next legislative session.)

11-B. Solid waste fuel-burning equipment. "Solid waste
fuel-burning equipment" means any furnace, boiler, appar-
atus, stack and all appurtenances thereto, capable of burn-
ing solid waste fuel for the primary purpose of producing
thermal energy.
190

12. Waste. "Waste" means refuse, garbage, rubbish, trash 5 582
or unwanted or discarded materials of any kind and source
which shall be classified as follows:
A. Type 0. Trash, a mixture of highly combustible waste
such as paper, cardboard cartons, woodboxes and combusti-
ble floor sweepings from commercial and industrial activi-
ties. The mixtures contain up to 10%o by weight of plastic
bags, coated paper, laminated paper, treated corrugated
cardboard, oily rags and plastic or rubber scraps. This type
of waste contains about 10% moisture and 59% incombusti-
ble solids and has a heating value of approximately 8500 B.
T.U. per pound as fired.
B. Type 1. Rubbish, a mixture of combustible waste such
as paper, cardboard cartons, wood scrap, foliage and com-
bustible floor sweepings from domestic, commercial and in-
dustrial activities. The mixture contains up to 20% by
weight of restaurant- or cafeteria waste, but contains little
or no treated papers, plastic or rubber wastes. This type of
waste contains about 25% moisture and 10% incombustible
solids and has a heating value of approximately 6500 B.T.U.
per pound as fired.
C. Type 2. Refuse, consisting of an approximately even
mixture of rubbish and garbage by weight. This type of
waste is common to apartment and residential occupancy,
consisting of up to 50% moisture, 7%S incombustible solids
and a heating value of approximately 4300 B.T.U. per pound
as fired.
D. Type 3. Garbage, consisting of animal and vegetable
wastes from restaurants, cafeterias, hotels, hospitals, mar-
kets and like installations. This type of waste contains up
to 70% moisture and up to 5% incombustible solids and
has a heating value of approximately 2500 B.T.U. per pound
as fired.
E. Type 4. Human and animal remains, consisting of car-
casses, organs and solid organic wastes from hospitals, labo-
ratories, abattoirs, animal pounds and similar sources, con-
sisting of up to 85% moisture, 5% incombustible solids and
having a heating value of approximately 1000 B.T.U. per
pound as fired.
F. Type 5. By-product waste, gaseous, liquid or semi-liq-
uid, such as tar, paints, solvents, sludge, fumes, etc., from
industrial operations. B.T.U. values must be determined by
the individual materials to be destroyed.
G. Type 6. Solid by-product waste, such as rubber, plas-
tics, wood waste, etc., from industrial operations. B.T.U.
values must be determined by individual materials to be de-
stroyed.
Additional words, terms and phrases, whether used in this
chapter or not, may be defined for purposes of this chapter by
the board by regulation, but in no case may a definition estab-
lished by this section be altered by board regulation.

� '583. Establishment of air quality regions
The board may establish reasonable air quality regions
within the State for the purposes of conducting air quality stud-
ies, and establishing reasonable ambient air quality standards
and emission standards therein. 191
] 9]

The following air quality regions, established by the board � 583
are adopted:
L Metropolitan Portland Air Quality Region. The Metro-
politan Portland Air Quality Region shall consist of the Counties
of York, Cumberland, Sagadahoc and the municipalities of Brown-
field, Denmark, Fryeburg, Hiram and Porter in the County of
Oxford.
1-A. Portland Peninsula Air Quality Region. The Portland
Peninsula Air Quality Region shall consist of that section of the
City of Portland bordered on the west by Interstate 95, on the
south and east by the Fore River and on the north by Casco Bay
and the inlet to Back Bay.
2. Central Maine Air Quality Region. The Central Maine
Air Quality Region shall consist of the Counties of Androscog-
gin, Kennebec, Knox, Lincoln and Waldo; of the municipalities
of New Portland, Embden, Solon, Athens, Harmony, Cambridge,
Ripley and all other municipalities in Somerset County to the
south of these; of the municipalities and unorganized territory
of Township No. 6, Phillips, Salem Township, Freeman Town-
ship and all other municipalities and unorganized territory in
Franklin County to the south of these; and of the municipalities
and unorganized territory of Stow, Batchelder, Grant, Gilead,
Riley T. A. No. 1, Grafton T. A. No. 2, Andover North Surplus,
Byron and all other municipalities in Oxford County to the south
and east of these with the exception of those municipalities
within the Metropolitan Portland Air Quality Region.
3. Downeast Air Quality Region. The Downeast Air Qual-
ity Region shall consist of the Counties of Hancock and Wash-
ington; of the municipality of Stacyville, the unorganized terri-
tory of T. 3, R. 7, W.E.L.S., T. 3, R. 8, W.E.L.S. and all other
municipalities and unorganized territory in Penobscot County to
the south of these; and of the municipalities and unorganized
territory of Blanchard Plantation, Monson, Willimantic, Bower-
bank, Barnard Plantation, T. 6, R. 8, W.E.L.S. (Williamsburg
Township), Brownville, Lake View Plantation and all other mu-
nicipalities and unorganized territory in Piscataquis County to
the south of these.
4. Aroostook Air Quality Region. The Aroostook Air
Quality Region shall consist of all municipalities and unorganized
territory in Aroostook -County not included within the North-
west Air Quality Region.

5. Northwest Maine Air Quality Region. The Northwest
Maine Air Quality Region shall consist of the municipality of
Upton, the unorganized territory of C Surplus Township, C
Township and all other municipalities and unorganized territory
in Oxford County to the north of these; the municipalities and
unorganized territory of D Township, E Township, Madrid, T. 4,
R. 1, B.K.P., W.K.R., Kingfield and all other municipalities and
unorganized territory in Franklin County to the north of these;
of the municipalities and unorganized territory of Lexington
Plantation, Concord Township, Bingham, Brighton Plantation
and all other municipalities and unorganized territory in Somer-
set County to the north of these; of the municipalities and unor-
ganized territory of Shirley, Elliottsville Plantation, T. 7, R. 9,
W.E.L.S., T. 6, R. 9, W.E.L.S. (Katahdin Iron Works), T. 5, R. 9,
W.E.L.S., T. 4, R. 9, W.E.L.S. and all municipalities and unor-
ganized territory in Piscataquis County to the north of these; of
192

the municipality of Patten, the unorganized territory of T. 4, R. � 583
7, W.E.L.S., T. 4, R. 8, W.E.L.S., and all other municipalities and
unorganized territory in Penobscot County to the north of these;
and the municipality of St. Francis, the unorganized territory of
T. 16, R. 9, W.E.L.S., T. 15, R. 9, W.E.L.S., T. 14, R. 9, W.E.L.S.,
T. 13, R. 9, W.E.L.S., T. 12, R. 9, W.E.L.S., T. 11, R. 9, W.E.L.S.,
and all other municipalities and unorganized territory in Aroos-
took County to the west of these.

� 583- A. Repealed. 1977, c 300, � 39

� 583-B. Classification of air quality control regions
The air quality regions set forth in section 583 or portions thereof are clas-
sified as follows:
i. Class 1. Class I:
A. Those federal lands which have been established as mandatory Class
I areas by the Federal Clean Air Act: 1 Acadia National Park located in
the Downeast Air Quality Region: MIoosehorn National Wildlife Refuge
located in the Downeast Air Quality Region; and the Roosevelt Campo-
bello International Park located in New Brunswick, Canada;
2. Class II. The areas in the State not designated Class I or Class III or
nonattainment areas shall be Class II areas;
3. Class ill.
4. Nonattainment areas. The department shall have the authority to des-
ignate certain regions or portions thereof as nonattainment area after public
hearing and determination that any ambient air quality standard is being ex-
ceeded;
5. Redesignation of class.

A. Repealed. 1980, c.732, 28

B. Other areas may be redesignated as follows:
(I) The board may recommend to the Legislature the redesignation of
any air quality region in whole or in part, to Class I, 11 or III.
Prior to this recommendation, a public hearing shall be conducted in
each area proposed to be redesignated. Prior to the public hearing, a
report shall be made available with a description and an analysis of
health, environmental, economic, social and energy impacts with the
proposed redesignation. Should the area proposed for redesignation
include or be deemed to affect federally owned lands, the board shall
consult with the appropriate federal land manager prior to the redes-
ignation. All proposed redesignations shall be submitted to the Leg-
islature for enactment.

� 584. Establishment of ambient air quality standards

The board shall establish and may amend reasonable standards, in this
chapter called "ambient air quality standards," within a reasonable air quali-
ty region regulating and limiting the amount and types of air contaminants
which may exist in the ambient air of such region. Such stalidards shall be
designed to preserve or enhance the quality of ambient air within such region
and to prevent air pollution.
Prior to the establishment or amendment of ambient air qual-
ity standards, the board shall conduct a public hearing in some
municipality within the region, and shall give public notice of its
intent to establish standards for the region.
At such hearing the board shall solicit and consider testimony
concerning the existing quality of the ambient air within the re-
gion; the recreational, industrial and residential uses of land
within the region; the effects of existing air contaminants and
air pollution upon such uses; the availability and effectiveness
of air pollution control apparatus designed to control and reduce
such existing air contaminants and air pollution; the expense of
purchasing and installing the same, and such other evidence as
193

in the board's judgment will enable it to determine and establish �584
the standards of air quality necessary to prevent air pollution
within the region.
After hearing the board shall by order establish or may
0 ~ ~~~~~amend reasonable ambient air quality standards for the region,
regulating and limiting the amount and type of air contaminants
which may exist in the ambient air of such region, which stan-
dards shall be designed to achieve the purposes set forth in the
first paragraph of this section. The order shall state the date
upon which such standards, or any of them, become effective,
and such regions and standards shall thereafter be in effect until
90 days after the date of adjournment of the next~regular or spe-
cial session of the Legislature unless such next regular or special
session shall adopt by legislative enactment such air quality re-
gions and standards.
In establishing such effective date, the board shall consider
the degree of air pollution existing within the region, the length
of time necessary to inform persons affected by the establish-
ment of such standards of their existence, the time needed by
the board to implement effective controls, and the time needed
by persons affected to design and install air pollution control ap-
paratus to comply with such standards.

�584-A. --enactment
The ambient air quality standards set forth in this section,
which are expressed in terms of 2511 centigrade and 760 millime-
ters of mercury pressure, shall apply in all air quality regions:

1. Particulate matter.
A. Particulate matter concentration for any 24-hour peri-
od at any location shall not exceed 150 micrograms per cu-
bic meter.
B. The annual geometric mean of the 24-hour particulate
matter concentrations at any location shall not exceed 60
micrograms per cubic meter.

2. Sulfur dioxide.
A. Sulfur dioxide concentration for any 3-hour period at
any location shall not exceed 1150 micrograms per cubic
meter.
B. Sulfur dioxide concentration for any 24-hour period at
any location shall not exceed 230 micrograms per cubic me-
ter.
C. The annual arithmetic mean of the 24-hour average sul-
fur dioxide concentrations at any location shall not exceed
57 micrograms per cubic meter.
3. Carbon monoxide.
A. Carbon monoxide concentration for any 8-hour period
at any location shall not exceed 10 milligrams per cubic me-
ter, except once per year.
B. Carbon monoxide concentration for any 1-hour period
at any location shall not exceed 40 milligrams per cubic me-
ter, except once per year.
4. Photochemical oxidant. Photochemical oxidant concen-
tration for any 1-ho~ur period at any location shall not exceed
160 micrograms per cubic meter, except once per year. 194

5. Hydrocarbon. Hydrocarbon concentration for any 3- 584-A
hour period at any location shall not exceed 160 micrograms per
cubic meter, except once per year.

6. Nitrogen dioxide. The annual arithmetic mean of the
24-hour average nitrogen dioxide concentration at any location
shall not exceed 100 micrograms per cubic meter.

� 584-B. Establishment of ambient Increments-Class I regions
In addition to the ambient air quality standards set forth in section 584--A
any Class I region or part thereof within the State, including those federal
lands designated by the Federal Clean Air Act Amendments of 1.I77,1 shall be
subject to a maximum allowable increase in concentration of sulfur dioxide
and particulate matter over the baseline concentration of that pollutant,
which increase shall not be exceeded more than once annually for any period
other than an annual period. The maximum allowable increase shall consist
of:
I. Particulate matter. In regards to particulate matter:
A. An increase in the annual geometric mean at any location not to exceed
5 micrograms per cubic meter; and
B. An increase in concentration for any 24-hour period at any location
not to exceed 10 micrograms per cubic meter; and
2. Sulfur dioxide. In regards to sulfur dioxide:
A. An increase in the annual arithmetic mean at any localtion not to ex-
ceed 2 micrograms per cubic meter;
B. An increase in concentration for any 24-hour period at any location not
to exceed 5 micrograms per cubic meter; and
C. An increase in concentration for any 3-hour period at any location
not to exceed 25 micrograms per cubic meter.
1979, c. 381, � 7.

� 584-C. Establishment of ambient increments--Class II regions
In addition to the ambient air qnality standards set forth in section 584-A,
any Class II region or part thereof within the State shall be subject to a
maximum allowable increase in concentration of particulate matter and sul-
fur dioxide over the baseline concentration of that pollutant, which increase
shall not be exceeded more than once annually for any period other than an
annual period. The maxlmnul allowable increase shall consist of:
X. Particulate matter. In regards to particulate matter:
A. An increase in tile annual geometric mean at any location not to ex-
ceed 19 micrograms per cnbic meter; and
B. An increase in concentration for any 24-honr period at any location
not to exceed 37 micrograms per cubic meter; and
2. Sulfur dioxide. In regards to sulfur dioxide:
A. An increase in the alnnal arithmetic mean at any location not to cx-
ceed 20 micrograms per cubic meter;
B. An increase In concentration for any 24-hour period at any location
not to exceed 91 micrograms per cubic meter; and
C. An increase in concentration for any 3-hour period at any location
not to exceed 512 micrograms per cubic meter.

� 584-D. Establishment of ambient increments-Class III regions -
In addition to the ambient air quality standards set forth in section -s4-.A,
any Class III region or part thereof within the State shall be slul)ject to ai
maximum allowable increase in concentration of particulate matter and sul-
fur dioxide over the baseline concentration of that pollutant, which increase
shall not be exceeded more than once annually for any period other than tile
annual period. The maximum allowable increase shall consist of:
I. Particular matter. In regards t& particulate matter:
A. An increase in the annual geometric mean at any location not to ex-
ceed 37 micrograms per cubic meter; and
B. An increase in concentration for any 24-hour period at any location
not to exceed 75 micrograms per cubic meter; and
2. Sulfur dioxide. In regards to sulfur dioxide:
A. An increase in the annual arithmetic mean at any location not to ex-
ceed 40 micrograms per cubic meter;
B. An increase in concentration for any 24-hour period at any loca:tion
not to exceed 1S2 micrograms per cubic meter and
C. An increase in concentration for any 3-hour period at any location
not to exceed 700 micrograms per cubic meter.

� 584-E. Exclusions from applicable increments-Class I, II and ill regions
I. Exclusions from applicable Increments. The followhing concentrations
shall be excluded in determining compliance with applicable increments:
A. Concentrations of such pollutant attributable to the inerease ill elmis-
195

sions from stationary sources which have converted from the use of pe-
troleum products or natural gas, or both, by reason of an order which is
in effect under the provisions of sections 2(a) and (bh of the Federal En-
ergy Supply and Environmental Coordination Act of IiT4 1 over til e cis-
sions from such sources before the effective date of such order;
B. Concentrations of particulate matter attributable to the increase in
emissions from construction or other temporary emission-related nctivi-
ties; and
C. The increase in concentrations attriblltable to new sources outside
the United States over the concentrations attributable to existing s.urces
which are included in the baseline concentration.

� 585. Establishment of emission standards
The board may establish and may amend standards, herein
called "emission standards", limiting and regulating in a just
and equitable manner the amount and type of air contaminants
which may be emitted to the ambient air within a region. Such
emission standards shall be designed to prevent air pollution and
to achieve and maintain the ambient air quality standards with-
in the region in which applicable.
Prior to the establishment or amendment of emisssion stan-
dards, the board shall conduct a public hearing in some munici-
pality within the region. At such hearing the board shall solicit
and consider testimony concerning the ambient air quality stan-
dards of the region; the existing emissions of air contaminants
within the region, their nature, amount and sources; the effect
of such emissions upon the ambient air quality standards of the
region; the availability, effectiveness and cost of air pollution
control apparatus designed to prevent and control air pollution
caused by such emissions, and such other evidence as in the
board's judgment will enable it to determine and establish emis-
sion standards for the region which will achieve and maintain
the ambient air quality standards therein.
After hearing the board shall by order establish or may
amend emission standards limiting and regulating the amount
and type of air contaminants which may be emitted to the am-
bient air of a region so as to achieve the goals set forth in the
first paragraph of this section. The order shall state the date
upon which such standards, or any of them, become effective.
In establishing such date, the board shall consider the same
factors required by it to be considered in establishing the effec-
tive date of ambient air quality standards.
Any emission standard or amendment thereto established
by the board shall thereafter be in effect until 90 days after the
date of adjournment of the next regular or special session of the
Legislature unless such next regular or special session shall adopt
by legislative enactment such emission standard or amendment
thereto.

� 585-A. Establishment of standards
The board may, after the establishment of ambient air qual-
ity standards and emission standards, establish and amend rea-
sonable standards and regulations to implement ambient and
emission standards established by the board. Such standards
and regulations shall be designed to achieve and maintain am-
bient air quality standards and emission standards within any
region and the prevention of air pollution.
Prior to the establishment or amendment of such standards
and regulations the board shall conduct a public hearing there-
on. At such hearing the board shall solicit and receive testimo- 196

ny concerning applicable ambient air quality and emission stan- � 585-A
dards; the availability, effectiveness and cost of any air pollu-
tion control apparatus designed to prevent or control air pollu-
tion or violations of ambient air quality or emission standards
which would be required by any proposed standards or regula-
tions; and such other evidence as in the board's judgment will
enable it to determine and establish standards and regulations
adequate to maintain applicable ambient air quality and emis-
sion standards.
After hearing the board shall by order establish or amend
reasonable standards and regulations which shall be designed to
achieve the purposes set forth in the first paragraph of this sec-
tion. The order shall state the date upon which such standards
and regulations or any of them, become effective, and such stan-
dards shall thereafter be in effect until 90 days after the date of
adjournment of the next regular or special session of the Legis-
lature unless such next regular or special session shall adopt by
legislative enactment such standards.

� 586. Subpoena power
The board may issue subpoenas to compel the production of
books, records and other data related to the matters in issue at
any board hearing.
If any person served with such subpoena claims, at or be-
fore the hearing that the production by him of books, records or
other data under his control is sought, that such production may
disclose secret processes, formulae or methods used by him or
under his direction, such information from such books, records
or other data shall be disclosed at a nonpublic portion of the
hearing and the record thereof shall be confidential.
If any person refuses to obey a subpoena issued by the
board under this section, the board may apply to any Justice of
the Superior Court for an order compelling such person to com-
ply with the requirements of the subpoena. Such justice may is-
sue such order and may punish failure to obey the same as a
contempt thereof.

� 587. Variances

Any person who owns or is in control of any source for which an air emis-
sion license was granted and construction was commenced prior to January 6,
1975, or a source other than a new or modified major stationary source for
which an air emission license is granted after January 6, 1975, may apply to
the board for a variance from ambient air quality standards or emission stan-
dards promulgated :rnder this chapter. The application shall be accompanied
by such information and data as the board may reasonably require. The
board may grant such variance if it finds that:
I. No danger to human health or safety. The emissions occurring or pro-
posed to occur do not endanger hulman health or safety;
2. Compliance to produce hardship. Compliance with the rules or regRla-
tions from which variance is sought would produce serious hardships; and
3. Violation. Such -ariance will not cause or contribute to a violation of
the applicable ambient air increment.
No variance shall be granted except after a public hearing
in the municipality where the applicant maintains the building
or business in connection with which the variance is sought.
If the variance is granted on the ground that there is no
practicable means known or available for the adequate preven-
tion, abatement or control of the air pollution involved, it shall
be good only until the necessary means for prevention, abate-
197

ment or control become known and available and subject to the � 587
taking of such reasonable substitute or alternate measures as
the board may prescribe.
If the variance is granted on the ground that compliance
with the particular requirement or requirements from which
variance is sought will necessitate the taking of measures which,
because of their extent or cost, must be spread over a considera-
ble period of time, it shall be for a period not to exceed such
reasonable time as the board finds is requisite for the taking of
the necessary measures.
If the variance is granted on the ground that it is justified
to relieve or prevent hardship of a kind other than that provided
for in subsections 1 and 2, it shall be only for such time as the
board considers reasonable.
Any variance may be renewed on terms and conditions and
for periods which would be appropriate on initial granting of a
variance. If complaint is made to the board on account of the
variance, no renewal thereof shall be granted, unless following
public hearing on the complaint on due notice, the board finds
that renewal is justified. No renewal shall be granted except on
application therefor.
Any person adversely affected by a variance or renewal
granted by the board may obtain judicial review thereof by a
proceeding in the Superior Court. Judicial review of the denial
of a variance or denial of renewal thereof may be had only on
the ground that the denial was arbitrary or capricious.
Nothing in this section and no variance or renewal granted
pursuant hereto shall be construed to prevent or limit the appli-
cation of the emergency provisions and procedures of section
347, subsection 2, to any person or his property.
Any owner or operator of a new or modlified major emitting source who ap-
plies for alln air emissioll license after January 6(, 175., shall not be eligihle
for a variance from ambienlt air qnality st:andards, including applicable amn-
bient air increments, except thait tlhe soulrce may apply for a variance to in-
crements napplicable to mandatory federal Class I areas under the terms and
conditions set forth in section 163(d) of the Federal Clean Air Act, 42 United
States Code Annotated, section 7475(d).

� 588. Repealed. 1977, C. 300, � 43

� 589. Registration; penalties
The board may require the registration with it of such per-
sons or air contamination sources of the type it may by regula-
tion prescribe engaged in activities which emit air contaminants,
and may also require persons operating stationary air contami-
nation sources to install, maintain and use such reasonable emis-
sion monitoring devices as the board by regulation may pre-
scribe.
The board may also require such persons to make periodic
reports to it containing information relating to location, size of
outlet, height of outlet, rate and period of emission and composi-
tion of air contaminants, location and type of air pollution con-
trol apparatus, and such other information as the board may by
regulation prescribe.
Failure to register, to install, maintain and use emission
monitoring devices or to file reports shall render the failing par-
ty liable to the penalties prescribed in sections 348 and 349 for
violation of board orders.
198

� 590. Licensing
After ambient air quality standards and emission standards � 590
have been established within a region, the board may by regula-
tion provide that no person shall operate or maintain therein
any air contamination source or emit any air contaminants
therein without an emission license from the board.
Application for such licenses shall be made in such form and contain such
information relating to the proposel aier (olltllination source and emission of
air contaminants as the board may by regulation prescribe. All hearings un-
der this section shall be held in some munieilplity within the region where
the proposed emission is to be located. At such hearing, the board shall solic-
it and receive testimony concerning the nature of the proposed emissions;
their effect on existing ambient air quality standards within the region: the
availability and effectiveness of air pollution control apparatus designed to
maintain the emission for which license is souMght at the levels required by
law: and the expense of purchasing annd installing such apparatus. If after
hearing the board shall find that the proposed emission will be receiving the
best practicable treatment, will not violate applicable emission standards, or
can be controlled so as not to violate the same, and that such proposed emis-
sion, either alone or in conjunletion with existing emissions, will not violate
or can be controlled so as not to violate anpllicaille ambient air quality stan-
dards, it shall grant the license, hulposing suel appropri:lte and reason:ale
conditions thereon as Iany, in the board's judgmlent, ibe necess:lry to scenre
compliance with such standards.
The-board shall have the power to deny .:l air emission license for a n'w
or modified major emitting source if it determines that emissions from the
source will cause an acdverse impact on air quality-relatv(d v:alue, including
visibility for federally mandated Class I areas notwithstanding the fact that
the source will not cause or contribute to air pollution concentrations which
exceed the ambient incremenlts for a Class I area.

� 591. Prohibitions
No person shall discharge air contaminants into ambient air
within a region in such manner as to violate ambient air quality
standards established by the board pursuant to section 584 or
emission standards so established pursuant to section 585.
Where the board, pursuant to section 590, has by regulation
provided that no person shall operate or maintain within a re-
gion any air contamination source or emit any air contaminants
without an emission license from the board, such operation or
maintenance without license is prohibited.

�� 592 to 596. Repealed. 1977, c. 300, �� 45 to 48

� 597. Municipal air pollution control
Nothing in this chapter shall be construed as a preemption
of the field of air pollution study and control on the part of the
State. Municipalities may study air pollution and adopt and en-
force air pollution control and abatement ordinances, to the ex-
tent that these ordinances are not less stringent than this chap-
ter or than any standard, order or other action promulgated
pursuant to this chapter. Local ordinance provisions which
touch on matters not dealt with by this chapter or which are
more stringent than this chapter shall bind persons residing in
the municipality.

m598. Visible emissions
1. Scope. This section shall be effective in all am-
bient air quality control regions in the State.

2. Prohibition. No person may emit or cause to be
emitted any visible air contaminants:
A. From any fuel burning equipment:
(1) Whose rated input capacity is equal to or less

than 250,000,000 B.T.U. per hour that exceeds � 598
an opacity of 30% for more than 15 minutes in
any continuous 3-hour period; or
(2) Whose rated input capacity is greater than
250,000,000 B.T.U. per hour that exceeds an
opacity of 40% for more than 15 minutes in any
continuous 3-hour period;
B. From any solid waste fuel burning equipment thatf
exceeds an opacity of 40% for more than 20 minutes
in any 2-hour period;
C. From any general process including fugitive emis-
sion source that exceeds an opacity of 20% for more
than 5 minutes in any one hour, except:
(1) Existing wood-fired brick kilns whose opacity
may not exceed 40% for more than 20 minutes in
any one-hour period; or
(2) Existing recovery boilers whose opacity may
not exceed 30% for more than 5 minutes in any
3-hour period; or
D. From any air contaminant source comprised of 2
or more of any combination of fuel burning, solid
waste fuel burning or general process emitted through
one stack that exceeds an opacity of 40% for more
than 20 minutes in any continuous 2-hour period or
80% for more than 10 minutes in any one hour.

3. Exemptions. This section does not apply to:
A. Emissions of condensed, uncombined water vapor;
B. Incinerators;
C. Permitted open burning;
D. Air contaminants emitted for the purpose of
training, research or recreation; and
E. For boilers whose rated input capacity is greater
than 200,000,000 B.T.U. per hour, violations
of the applicable provision of subsection 2 during
the first 4 hours following the initiation of cold
startup or planned shutdown, provided that
operating records are available to demonstrate
that the facility was being operated to minimize
emissions. Any person claiming an exemption
under this paragraph shall have the burden of
proving that any excess emissions were not caused
entirely, or in part, by poor maintenance, careless
operation, poor design or any other reasonably
preventable condition.

4. Malfunctions. The department is authorized to
exempt emissions occurring during periods of un-
avoidable malfunction or unplanned shutdown
from civil penalty under section 349, subsection
2, if the malfunction was not caused, entirely
or in part, by poor maintenance, careless opera-
tion, poor design or any other reasonably
preventable condition. In such a case, the

200

burden of proof shall be on the person seeking � 598
the exemption.

� 599. Open burning
1. Prohibitions.
A. Open burning of tires or rubber products or by-prod-
ucts is prohibited after July 1, 1972.
B. Except as provided in subsection 2, open burning of
waste of any kind at sites other than a municipal solid
waste disposal site is prohibited after July 1, 1975.
C. Open burning of solid waste material at a municipal
solid waste disposal site serving less than 1,000 persons
shall only be prohibited where the Board of Environmental
Protection, after investigation and hearing, shows that the
continuance of open burning at a specific municipal site is
in violation of air quality standards.
D. Open burning of solid waste materials at a municipal
solid waste disposal site serving 1,000 or more persons is
prohibited after September 1, 1975, unless the owners and
lessee of the municipal solid waste disposal site apply for a
variance under this section from the Board of Environmen-
tal Protection.
While an application for a variance is being processed by
the Department of Environmental Protection, open burning
at the municipal site in question may continue until the
board makes its final decision on the application.
E. Whenever the Board of Environmental Protection
shows that open burning at a municipal solid waste disposal
site violates air quality standards or whenever the board de-
nies a variance under this section it shall, after consultation
with the violator or applicant for a variance, establish a
reasonable compliance schedule aimed at bringing about the
cessation of open burning at the municipal waste disposal
site under consideration. This compliance schedule shall in-
clude, but not be limited to, the following:
(1) Arrangements for administration and financing;
(2) Plans and specifications;
(3) Studies and investigations;
(4) Site acquisition;
(5) Purchase of necessary equipment; and
(6) Operational date of the proposed solid waste dis-
posal site.
A compliance schedule established under this section shall
be conditioned upon reasonable terms and conditions aimed
at achieving air quality standards and shall be for a time of
not less than 2 years.
2. Exemptions. Open burning may be pernittefl for the following pur-
poses:
A. VWith a permit obtained under subsection ::
(I) Open burning for the control or prevention of any disease, virus
or siuilar hazamr to public health;
(2) Open burigl fiur agricultural puirp)oses, such as hland clearing,
blueberry control or burning for similar proscribed( culturil purposes; -
(3) Open hburnling for the disposal of ally mu;terial generated by the
demolition of alnly building or the elearing of any landl for the erec-

201

tion, modification, Inaintenllice or constructioln of any highway, rail- � 599
road, power or cotntinlication line or pipeline or conimmercial or in-
dustrial or recreational building or dievelopiment; .ind
(4) Open burning for training and res.eareh; or
B. Withoutt any permit under this chapter, provided the burning will
comply with all applicable requirements of Title 12, chapter 215:
(I) Open burning for recreational purposes.

3. Open burning permits. Open burning permits may be
granted by the forest ranger or town forest fire warden having
jurisdiction over the location where the fire is to be set. Should
complicated circumstances warrant, the ranger or warden may
refer the person requesting such a permit to the commissioner
for approval of paragraph A, B and C. Such permits will be is-
sued if it is determined:
A. There is no local, private or municipal waste collection
for such materials nor any reasonably located municipal or
private solid waste disposal facility to which such material
may be transported or the quantity of material is such that
it cannot be reasonably transported;
B. There is no other reasonable method for disposal of
such materials that will not create or aggravate a hazard to
public health or safety or public or private property nor vi-
olate any provision of state or local law or regulation;
C. The existing wind speed and atmospheric stagnating
conditions will not create any nuisance conditions;
D. Such burning will not take place within 25 feet of a
public way;
E. Such burning will take place under such conditions as
will prevent the uncontrolled spread of the fire;
F. The burning will comply with all applicable regulations
of the State of Maine Bureau of Forestry and any applica-
ble local fire regulations.

4. Repealed. 1979, c. 127, J214.

5. Variances. Any municipality maintaining or leasing an
open-burning solid waste disposal site may apply to the board
for a variance to the open-burning requirements of this section.
The application shall be accompanied by such information and
data as the board may require. The staff of the Department of
Environmental Protection shall provide air quality technical as-
sistance to municipal applicants for a variance under this sec-
tion.
Whenever a municipality shows that compliance with the open
burning requirements of this section would produce undue hard-
ship, the board shall grant a variance, except that no variance
shall be granted when the board shows that the emissions from
the open burning endanger human health and safety.
No variance shall be granted under this section unless the mu-
nicipality causes to be published a public notice of the intent to
grant a variance in a newspaper circulated in the area at least
10 days prior to the meeting at which the board is scheduled to
act on the variance. The board shall notify the municipality of
its intent to grant a variance 20 days before the meeting sched-
uled to act on the variance.

202

The Board of Environmental Protection may conduct a public 599
hearing on any variance application under this section if it de-
termines that there is substantial objection to.the granting of
the variance. The Board of Environmental Protection, if it de-
termines that it will deny the variance applied for, shall at the
request of the municipality conduct a public hearing for the mu-
nicipality which made application, before the denial becomes ef-
fective, to give the town the opportunity to show that the emis-
sions from open burning do not endanger human health or safe-
ty and compliance with the open burning requirements of this
subsection would produce'serious hardship and that a variance
should be granted.
The board, after granting a variance to a municipality under
this section, if it determines that the municipal solid waste dis-
posal facility does not violate air quality standards, shall take all
necessary steps to remove that facility from the United States
Environmental Protection ,Agency approved State of Maine Air
Quality Implementation Plan.

� 600. Fuel-burning equipment particulate emission stand-
ard
1. Scope. This section shall le applienlie to nll fuiel-burning and solid
waste fuel-blurning equipment that is fired at a rate of 3 mllilion B.T.U. per
hour or greater, regardless of fuel type, antd sall lbe effective in all ambient
air quality control regions in the State of .Maine as follows:
A. Immediately for all fuel-burning equipment, the con-
struction or operation of which begins after January 31,
1972;
B. June 1, 1975 for all existing sources.

2. Emission standard. Any person operating fuel-burning0 or .olild waste
fuel-burning equipment within the scope of this section shall limit tile partic-
ulate emissions from sucle fuel-burning equipment in accordance with Figure
A duriug any contimous 2-hour period. If nitoring data or modeling infor-
mnation is availahile to dtemonstrate, on a case by case eval:lution, that alm-
hient air quality standards or applicable Illerenments will not be violated by an
emission rate frolt iany solid waste fuel-burnling eqluiplent inl excess of the
rate set forth in Figure A, this higher emission rate shall apply to this eqilp-
ment. For purposes of obtaining necessary state and' federal approval of the
higher emission limitation for solid waste fuel-burning equipment, it shall be
the responlsibility of the person operating the solid waste fuel-burnilg equip-
muent to acquire and present appropriate monitoring data or modeling infor-
mation to the department.
3. Test methods and procedures. Test methods 1 and 5 as
promulgated by the Administrator of the United States Environ-
mental Protection Agency in Regulation 60.85 published in the
Federal Register, volume 36, number 247, December 23, 1971, or
such other methods as are deemed equivalent by the board shall
be those used to determine compliance with this section.

203

PIGURE A
i 601

- 2 i I i | i tI I I. L

,__ -. _.;I .i i -,- , lI: - lJ , t 1
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(lLe ru/n� IFJI T)

� 601. Incinerator particulate emission standard
1. : . This section shall be applicable to all incinera-

ing. This section shall be applicable to al incinnerators

2. Emission standard. Except as provided in subsections 4
tors and 5,shall be effective in all regions in the Stated any parintiue as
A. AnyImmediately for all incinerator, darker than a number 1 onstruction orgel-
operation of which begluding the emission of was after January 31, 1972; andvapor;
B. JuAny class 1, IV,1975 for all existingd VII incinerators, except exist-ng a
desing wooned charging raste of 50 teepee incins per day tor less, that ex-
ce2. Emission per standard. Excepubict as provided in subsections 4

and 5, no person shall emit or cause to be emitted toany p12 carbonticu-
lat e air contamribution of carbon dioxidets from the

. Any class i, IV, V, VI and VII incinerator having a designed harng rate
designed charging rater thanof 50 tons per day or less, that exceed 0-08 grain per
ceed 0.2 grain per standard cubic foot of dry flue gas during any continuous
any continuous 2-hour period, corrected to 12% carbon dioxide without the
dioxide without the contribution of carbon dioxide from the auxiliary fuel

204

3. Test methods and procedures. Test methods 1, 3 and 5 � 601
as promulgated by the Administrator of the United States Envi-
ronmental Protection Agency in Regulation 60.85 published in
the Federal Register, volume 36, number 247, December 23, 1971
or such other methods as are deemed equivalent by the board
shall be those used to determine compliance with this section.
4. Ambient monitoring system. Notwithstanding anything
contained in subsection 2, paragraphs A, B and C, as long as
ambient monitoring data is available to demonstrate, on a case
by case evaluation, that ambient air quality standards will not
be violated by emissions from any specific wood waste teepee in-
cinerator, wood waste teepee incinerators may emit particulate
air contaminants not to exceed either 0.3 grain per standard cu-
bic foot of dry flue gas during any continuous 2-hour period,
corrected to 12% carbon dioxide without the contribution of
carbon dioxide from the auxiliary fuel or a number 2 on the
Ringelmann Chart, excluding the emission of water vapor, for a
period or periods aggregating more than 3 minutes in any hour,
excluding the emission of water vapors.
5. Start-up and burn-down. There shall be daily periods
not to exceed one hour each for the start-up and burn-down of
wood waste teepee incinerators during which the standards con-
tained in subsection 4 shall not apply.

� 602. General process source particulate emissions
1. Scope. This emission standard shall be effective in all
regions in the State of Maine as follows:
A. Immediately for any process source the construction or
operation of which begins after January 31, 1972;
B. June 1, 1975 for any existing general process source.

2. Kraft pulping processes. Any person operating any
kraft pulping process shall limit the emission of particulate air
contaminants from such emission source as follows:
Four pounds of particulate emissions per air dried ton of kraft
pulp from the recovery boiler; one pound of particulate air con-
taminants per air dried ton of kraft pulp from the lime kiln; 0.5
pound of particular air contaminants per air dried ton of kraft
pulp from the smelt tank during any continuous 2-hour period.

3. Other processes. Any person operating any general
process sources, except kraft pulping processes, shall limit the
emission of particulate air contaminants from such source ac-
cording to the following table:

205

TABLE I � 602
Process Weight Rate Emission Rate
(lbs./hr.) (lbs./hr.)
50 0.36
100 0.55
500 1.53
1,000 2.25
5,000 6.34
10,000 9.73
20,000 14.99
60,000 29.60
80,000 31.19
120,000 33.28
160,000 34.85
200,000 36.11
400,000 40.35
1,000,000 46.72

Interpolation of Table I for process weight rates up to 60,000
lbs./hr. shall be computed by use of the following equation:
E=3.59PO.62 P < 30 tons/hr.
and interpolation and extrapolation of Table I for rates in excess
of 60,000 lbs./hr. shall be computed by use of the equation:
E=17.31P0'6 P > 30 tons/hr.
Where E=emissions in pounds per hour and P=process weight
rate in tons per hour.
All emissions from all general process sources operated by
the same person in the same general location shall be combined
in computing the process weight rate.
4. Test methods and procedures. Test methods 1 and 5 as
promulgated by the Administrator of the United States Environ-
mental Protection Agency in Regulation 60.85 published in the
Federal Register, volume 36, number 247, December 23, 1971 or
such other methods as are deemed equivalent by the board shall
be used to determine compliance with this regulation.

� 603. Low sulfur fuel
1. Prohibitions.
A. In the Central Maine, Downeast, Aroostook County and
Northwest Maine Air Quality Regions, no person shall sell,
distribute, buy or use any fuel with a sulfur content greater
than 2.5% by weight anytime after November 1, 1973. In
the Metropolitan Portland Air Quality Region outside the
Portland Peninsula Air Quality Region, no person shall sell,
distribute, buy or use any fuel with a sulfur content greater
than 2.5%c by weight anytime after June 1, 1975.
B. In the Portland Peninsula Air Quality Region, no per-
son shall use any fuel with a sulfur content greater than 1.-
5 %c by weight anytime after November 1, 1975.
C. In the Portland Peninsula Air Quality Region, no per-
son shall use any fuel with a sulfur content greater than 1.-
0% by weight anytime after November 1, 1985.
2. Records. Any person importing residual oil or coal into
the State of Maine shall submit to the Department of Environ-
mental Protection a record of the sulfur content of each ship-
ment of such fuel. Any person blending oil for use within the

206

Portland Peninsula Air Quality Region shall submit to the De. 6 603
partment of Environmental Protection on a monthly basis a re-
port indicating the total volume and average sulfur content ac-
tually supplied.

3. Exemptions.
A. A source that installs one or more sulfur collecting de-
vices that reduce sulfur dioxide emissions to the equivalent
level allowed in that air quality region shall be exempt from
this regulation.
B. If, during periods of energy crisis or equipment outage,
an oil supplier is unable to supply conforming fuel, that sup-
plier may apply for a temporary variance to the Commis-
sioner of Environmental Protection. The commissioner
may without hearing issue that variance for a period not to
exceed 60 days if the application in his judgment meets the
criteria of the applicable statutory variance requirements.
Such temporary variance cannot be renewed.

� 604. Sulfur dioxide emission standard for sulfite pulping
processes

1. Scope. The emission standard shall apply to all emis-
sions of sulfur dioxide from sulfite pulping processes except sul-
phur dioxide produced from the burning of coal or petroleum
fuels. This emission standard shall become effective in aU re-
gions as follows:
A. Immediately for any sulfite pulping process, the con-
struction or operation of which begins after January 31,
1972;
B. June 1, 1975 for all existing sources.
2. Emission standard. No person shall emit or cause to be
emitted any sulfur dioxide emissions from any emission source
within the scope of this emission standard in excess of 40
pounds per air dried ton of sulfite pulp produced.
3. Test methods and procedures. Test methods I and 6 as
promulgated by the Administrator of the United States Environ-
mental Protection Agency in Regulations 60.85 as published in
the Federal Register, volume 36, number 247, December 23,
1971, or such other methods as are deemed equivalent by the
board shall be used to determine compliance with this regula-
tion.

� 605. Malfunctions
Any person owning or operating any emission source that
suffers a malfunction or breakdown in any component part
which malfunction or breakdown causes a violation of sections
598 to 604 shall notify the board in writing within 48 hours.

� 606. Nonpoint sources or indirect sources; review of pub-
lic ways
1. Prohibition. No person, firm, corporation, municipali-
ty, state agency or other entity shall commence construction of
any highway project of 4 or more lanes in the State unless the
Board of Environmental Protection has first determined that the
project will not violate the State of Maine Ambient Air Quality
207

Standards. The person or agency proposing to construct a high- � 606
way resulting in 4 or more lanes shall submit to the Department
of Environmental Protection an air quality impact analysis.
This analysis shall be conducted in accordance with such mathe-
matic modeling techniques as are mutually acceptable to the de-
partment, The Federal Environmental Protection Agency and
the Federal Highway Administration.

2. Exemptions. The foregoing shall not apply, however, to
highway projects that will have no significant effect on air qual-
ity, such as lights, signs, landscaping and resurfacing.

3. Scope. The requirements of this section shall apply in
all the air quality regions of the State.

� 607. Municipal alternative

i. Cone burners. Tile Department of Environmental Protection shall have
the authority to assist imnllicipalities and set the emission standards for the
use of cone burner incineration for the disposal of mlnicipall solid waste.

2. Notification. Any municipality, group of municipali-
ties, quasi-municipal corporations or district shall notify the De-
partment of Environmental Protection of its intent to construct
and operate a cone burner and may request technical assistance
be provided by the department.

� 608. Repealed. 1979, c. 381, � 15

� 609. Petroleum liquid storage vapor control
I. Scope.
A. This section shall be applicable in the Metropolitan Portland, Port-
land Peninsula and Central Maine Air Quality C(ontrol Itegions of the
State.
B. This section shall apply to all fixed-roof storage vessels with capaci-
ties greater than 1n50,00o liters containing, volatile petroletum liquids
whose true vapor pressure is greater than l0..5 kilo pascals, 1.52 pounds
per square inch absolute.
2. Prohibition.; No owner or operator of a fixed-roof storage vessel shall
permit tile use of those vessels unless:
A. The vessels have been retrofitted with an internal floating roof
equipped with a closure seal or seals, to close the space between the roof
edge and tank wall; or with equally effective alternative control, ap-
proved by the commissioner;
B. The vessel is maintained so that there are no visible holes, tears or
other openings in the seal or any seal fabric or materials;
C. All openings, except stub drains, are equipped with covers, lids or
seals so that:
(I) The cover, lid orseal is in the closed position at all times, except
when in actual use;
(2) Automatic bleeder vents are closed at all times, except whell the
roof is floated off or landed on tile roof leg sullorts; andill
(3) Rim vents, if provided, are set to open whenil the roof is being
floated off the roof leg supports or at tlhe manufacturer's reconm-
mIended setting; -
D. Routine inspections are conducted through roof hatches once every i;
months; and
E. A complete inspection of cover and seal is condlceted whenever the
tank is emptied for nonoperational reasons or at least once 1per year.
3. Emission testing. The determination of compliance under this section
shall be made by visual inspection of tihe floaltilng cover through the roof
hatches by department staff or other qualified representative of the depart-
ment. The solrce shall be found in compliance if:
-A. The seal is intact and 'uniformly in place around the circullfertele'
of the cover between tile cover and tanlk well:
B. The cover is uniformly floating on. or above the liouiil and there are
no visible defects in the surface of the cover or liquid aecumlunlanrd on the
cover; and
C. All records are being properly mlintaillnted.
4. Compliance schedule. The owner or operator of :t fixctl-roof petroleuln
storage vessel covered ninder this section plroposinlg to inst:tll a floatilg roof
or other acceptable volatile organic compounld emission contrel equipllent
shall adhere to the following schedulle all shall report to tie department 208
within 15 days of the prescribed ldeadline the status of colnllianile.

-A. Final plans for the floating roof and other necessitr-ii o~dificatioll-� 609
or other acceptab~le volatile organic compound emtission control (xilloipli~t
shall be submitted blefore November 1, 29719.-
S. Contracts for installation of thle floating roof, other modifications or
other acceptable volatile- organie comipouind emission control equipinent or
purchase orders for component parts shall he issuled bi-fore-.Marchl 1, 19Sf).
C. Initiation of oil-site construction or installaitioll of acceeptable1- Volatile
organic conmpound emnis4ion, control equipmetia shall belgin before July 1,
lost).
D. Final complanies shall be achieved before .uily 1, 1981.
S. Records. The ownver or operator of it fixed-roof storage vessel covered
under thil, section shall maintain the following records and make them aivaila-
ble to the department:
A. Reports of the results of inspections; conducted under subsection 2.
paragraphs D and B; and -]
B. A r~eord of monthly throughiput qjuantitides and types of volatile PC.
troleuzan liquids for each storage vessel.

�610. Petroleum liquids transfer vapor recovery
1. Scope.
A. This section shall] be applicable in thle Metropolitan Portland. P1ort-
land Peoninsula anld Central Mainc, Air Quolity Control Regions -Of the
State,
B. This section shall apply to all bulk gaisoline, ternintals in existence,
prior to December 31, 1078, and having- an1 avexrago diaily througbiiut of
more thian 7(1,0010 litors.
2. Prohibition, 'No owner or operator of iany hulk; gasoline termninal amy
load g-asoline into any tank trucks or trailers, unless:
A. The bulk gasoline terminal is equipped to vent all displaced vapors
and gases only to a vapor control syastemn, properly itist~illed, in g-ood
working order, in operation and consisting of onke of the following:
(1) Ani absorber or condensation system which processes and recovers
vapors and gases from thle equipment being- controlled ;
(2) At vapior coleletion system which direecs ali vap1ors tj ,a fliel maIs
system : or -
(3) Any Other control sy.Nteml approved by thle cmuiso
B. A menuis is provided to prevent liquid drainage from theo oailing l(--
vice Nv~lmeu it is not ill llse, or to accomplish% complete, draina1.ge be(fore tlii
loading dlevice is (liscomLitctedl
C. All loading and vapor ]lines; fir equipped~ with fittings which unuke(
raportight connections and which close (]ratcllehe iconnected :
D. The pressure In the vapor collection system) is not allowed lo e-'ceed
the tank- truck or trailer pres~uvi, relief s-ettfings : and
E. Tank truck or trailer Watches a1re close;id aind there alre no leajks at
hat'-l vovers or pressure relief valves', nail toank trucks and trailers, are ar
leastt Wc/% vapor tight.
3. Emission standard. NO owner or operators of ainy hulk gasoline tovruli-
nal shall allow the massi emissions- of volatile organlic compoutnid. froml the
terminal to exceed 80 maillaigra per liter of g.amoline transferred.
4. Compliance schedule. The owner or operator of a huilk "'nsoline termni1-
aid~~~~~. co"eludrti ectionl proplosing to jinstall a1 vapor recovery systeml or
eatlher acceptablde volatile organic comupounld emjission control equ1ipmuent shaill
Stdhere to the following schledufle, an1d shall report to thle departilent withini
I--day of the prescribed deadline the status of complitncep.
A. Final plans for the aecceptablle volatile oranc ompiound1 tenjisslorn
control eQuipmnenit shall be -submitted before. November 1, lO97I.
S. Contracts for inistallation of tile acciptable volatile organic Conmpoumnd
emlissionl control equipmlent or purchanse ordlers for complonent parts salle
be issued before MaL-rch 1, 1980.
C. Initiation of on-sit construction or installation Of acceptable volaItile
organici comnpounud emissioni control equipment shallbein before Jul1y 1.

0. Final compliance shl ie achieved. before July 1, 1981.
5. Emission testing. Until at federally approved test umetliod is available
tile determination of compliance shall1 be bry m-ethods approved] by tile comm1-fis-
Sioller.

209

06-096 DEPARTMENT OF ENVIRONM~ENTAL PROTECTION

Chapter 100 DEFINITIONS REGULATION

SUMMARY: This regulation provides definitions
for these terms used in the air pollution control
regulations and emission standards.

1. Air contaminants include, but are not limited to, dust, fumes,
gas, mist, particulate matter, smoke, vapor or any combination thereof.

2. Air pollution control apparatus means and includes any appliance,
equipment, machinery, installation or structures which remove, control,
reduce, elimate, dispose of or render less noxious the emission of air
contaminants into the ambient air.

3. Ambient air means all air outside of buildings, stacks or exterior
ducts.

4. Baseline concentration: The term "baseline concentration"t
reflects the time from which additional sources of air pollution will
be counted against the available increment. It shall mean the actual
ambient air quality in an area as of August 7, 1977 except that:

A. Contributions for any major emitting source subject to
review for the Prevention of Significant Deterioration between
January 6, 1975 and August 7, 1977 and operating on August 7, 1977
shall be subtracted from actual air quality on that date to establish
baseline concentration (and shall be counted against the increment);

B. Contributions for any major emitting source not subject
to review for the Prevention of Significant Deterioration and receiving
approval to construct before January 6, 1975, but not in operation
by August 7, 1977 shall be added to actual August 7, 1977 ambient
air quality to establish the baseline concentration (and not counted
against the increment).
Contributions for all air contaminants sources beginning
operation after August 7, 1977 shall be counted against the increment
except as provided in (b) above.

S. Best practical treatment means that method which controls or
reduces emissions of air contaminants to the lowest possible level
cons ideri ng:

A. The then existing state of technology:

B. The effectiveness of available alternatives for reducing
emissions from the source being considered:

C. The economic feasibility for the type of establishment
invol1ved.

6. Board means the Board of Environmental Protection.

7. Bulk Gasoline Terminal - Bulk Terminal ifeans a gasoline storage
facility which receives gasoline from refineries primarily by pipeline,
ship, or barge, and delivers gasoline to bulk gasoline plants or to
commercial or retail accounts primarily by tank truck; and has a daily
throughput of more than 76,000 liters (20,000 gallons) of gasoline.

8. Commissioner means the Commissioner of the Department of
Environmental Protection.

9. Emission means a release of air contaminants into ambient air.

10. Emission source means any and all sources of emissions of air
contaminants, whether privately or publicly owned or operated.

II. External Floating Roof - External floating roof means a storage
vessel cover in an open top tank consisting of a double deck or pontoon
single deck which rests upon and is supported by the petroleum liquid
being contained and is equipped with a closure seal or seals to close the
space between the roof edge and tank shell.

12. Fuel burning equipment means any furnace, boiler, appartus, stack,
and all appurtenances thereto, used in the process of burning fuel for
the primary purpos'e of producing heat or power by indirect heat transfer.

13. Fugitive Dust means particulate matter composed of sail which is
uncontaminated by pollutants resulting from industrial activity.

14. Fugitive Emissions means particulate matter emitted by an air
pollution source other than from a stack or flue.

15. General Process source means any emission source except fuel
burning equipment, incinerators, mobile sources, open burning sources
and sources of fugitive dust.

16. Incinerators means any device, apparatus, equipment or structure
used for destroying, reducing or salvaging by fire any material or sub-
stance.

17. Classification of Wastes

A. Type 0 - Trash, a mixture of highly combustible waste such
as a paper, cardboard cartons, woodboxes and combustible floor sweepings,
from commercial and industrial activities. The mixtures contain up to
10% by weight of plastic bags, coated paper, laminated paper, treated
corrugated cardboard, oily rags and plastic or rubber scraps. This type
of waste contains about 10%1 moisture and 5% incombustible solids and has
a heating value of approximately 8500 B.T.U. per pound as fired,

211

8. Type 1 - Rubbish, mixture of c[nibustible waste such as
paper, cardboard cartons, wood scrap, Foliage and combustible floor
sweepings, from domestic, commercial and industrial activites. The
mixture contains up to 20% by weight of restaurant or cafeteria waste,
but contains little or no treated papers, plastic or rubber wastes. This
type of waste contains about 25% moisture and 10% incombustible solids
and has a heating value of approximately 6500 B.T.U. per pound as fired.

C. Type 2 - Refuse, consisting of an approximately even
mixture of rubbish and carbage by weight. This type of waste is
common to apartment and residential occupancy, consisting of up to 50%
moisture, 7% incombustible solids, and a heating value of approximately
4300 B.T.U. per pound as fired.

D. Type 3 - Gargage, consisting of animal and vegetable wastes
from restaurants, cafeterias, hotels, hospitals, markets and like install-
ations. This type of waste contains up to 70% moisture, and up to 5%
incombustible solids and has a heating value of approximately 2500 B.T.U.
per pound as fired.

E. Type 4 - Human and animal remains, consisting of carcasses,
organs and solid organic wastes from hospitals, laboratories, abattoirs,
animal pounds, and similar sources, consisting of up to 85% moisture,
5% incombustible solids and having a heating value of approximately
1000 B.T.U. per pound as fired.

F. Type 5 - By-product waste, gaseous, liquid or semi-liquid
such as tar, paints, solvents, sludge, fumes, etc., from industrial
operations. B.T.U. values must be determined by the individual materials
to be destroyed.

G. Type 6 - Solid by-product wast,, such as rubber, plastics
wood waste, etc., from industrial operations. B.T.U. values must be
determined by the individual materials to be destroyed.

18. Classification of Incinerators

A. Class I - Portable, packaged, completely assembled, direct
fed incinerators 5 to 15 cubic feet primary chamber volume; or a burning
rate of 25 to 100 pounds per hour of type 1 or type 2 waste; or a burning
rate of 25 to 75 pounds per hour of type 3 waste.

B. Class IA - Portable, packaged or job assembled, direct
feed incinerators with 5 to 14 cubic feet primary chamber volume; or
a burning rate of 25 to 100 pounds per hour of type 1 or type 2 waste;
or a burning rate of 25 to 75 pounds per hour of type 3 waste.

C. Class It - Flue-fed, single chamber incinerators with more
than 2 square feet burning area, for type 2 waste. This type of incine-
rator is served by one vertical flue functioning both as a shute for
charging waste and to carry the products of combustion to atmosphere.

272

This type of incinerator has been installed in apartment houses or
multiple dwellings.

D. Class IIA - Shute-fed multiple chamber incinerators, for
apartment buildings with more than 2 square feet burning area, suitable
for type I or type 2 waste. (Not recommended for industrial installation)
This type of incinerator is served by a vertical Shute for charging
wastes from two or more floors above the incinerator and a separate
flue for carrying the products of combustion to the atmosphere.

E. Class III - Direct fed incinerators with a burning rate of
100 pounds per hour and over, suitable for type 3 waste.

F. Class Iv - Direct fed incinerators with a burning rate of
75 pounds per hour or over, suitable for type 3 waste.

G. Class V - Municipal incinerators suitable for type 0,
type 1, type 2 or type 3 wastes, or a combination of all four wastes,
and are rated in tons per 24 hours.

H. Class VI - Crematory and pathological incinerators,
suitable for type 4 waste.

I. Class VII - Incinerators designed for specific by-products
wastes, type 5 or type 6.

19. Internal Floating Roof - Internal floating roof means a cover or
roof in a fixed roof tank which rests upon or is floated upon the
petroleum liquid being contained, and is equipped with a closure seal
or seals to close the space between the roof edge and tank shell.

20. Major emitting source - The term "major emitting source"
means any of the following emission sources of air contaminants
which emit, or have the potential to emit, one hundred tons per year
or more of any air contaminants:

A. Fossil-fuel fired steam electric plants of more than two
hundred and fifty million British thermal units per hour heat input;

B. Primary zinc smelters;

C. Coal cleaning plants (thermal dryers);

D. Iron and steel mill plants;

E. Kraft pulp mills;

F. Portland cement plants;

G. Primary aluminum ore reduction plants;

213

0 ~~~ ~~H. Primary copper smelters;

I. Municipal incinerators capable of charging more than two
hundred and fifty tons of refuse per day;
J. Hydrofluoric, sulfuric, and nitric acid plants;

K. Petroleum refineries:

L. Lime plants:

M. Phosphate rock processing plants;

N. Coke oven batteries;

0. Sulfur recovery plants;

P. Carbon black plants;

Q. Sintering plants;

R. Secondary metal production facilities;

S. Chemical process plants;

T. Fossil-fuel boilers of more than two hundred and fifty
million British thermal units per hour heat input;
U. Petroleum storage and transfer facilities with a capacity
exceeding three hundred thousand barrels;

V. Taconite Ore processing facilities;

W. Glass fiber processing plants;

X. Charcoal production facilities;

Y. Primary Lead Smelters;

Z. Fuel Conversion Plants;

Such term shall also include any source with the potential
to emit two hundred and fifty tons per year or more of any air contaminants.
Such term shall not include nonprofit health or educational
institutions.
Such term shall also include any modification in such source
such that the potential emissions of any regulated pollutant is
increased according to the above definition.

214

For the purposes of regulating of new sources which seek to locate
in or whose emissions may reasonably be expected to affect designated
Nonattainment Areas, the term "major emitting source" shall include any
source which emits or has the potential to emit one hundred tons per
year or more of any air contaminants.

21. Modification means any physical change to or change in the method
of operation of, an affected facility which increases the amount of any
air contaminant (to which a standard applies) emitted by such facility
or which results in the emission of any air contaminant (to which a
standard applies) not previously emitted, except that:

A. Routine maintenance, repair, and replacement shall not
be considered physical changes and

S. The following shall not be considered a change in the
method of operation:

1. An increase -in the production rate, if such
increase does not exceed the operating design capacity
of the affected facility;

2. An increase in hours of operation;

3. Use of an alternative fuel or raw material if,
prior to the date any standard under this part becomes
applicable to such facility, the affected facility is
designed to accomodate such alternative use.

22. Opacity means the degree of light obscuring capacility of
non black-emissions of visible air contaminants expressed as a
percentage. (For example complete opacity shall be expressed as
100 percent)

23. Open burning means the burning of any type of combustible
material in the open ambient air without being eompletely enclosed,
and where the products of combustion are emitted directly into the
ambient air without passing through a stack, chimney or duct.

24. Person means any individual, partnership, corporation, whether
private, public or quasi-municipal, municipality, state governmental
agency or other legal entity.

25. Petroleum Liquids - Petroleum liquids means crude oil, condensate,
and any finished or intermediate products manufactured or extracted in
a petroleum refinery.

26. Potential emissions - The term "potential emissions" means those
emissions expected to occur without air pollution control equipment.

215

Annual potential emissions shall be based on the maximum annual rated
capacity of the source, unless the source is subject to enforceable
permit conditions which limit the operating rate and/or hours of
operation. Other enforceable permit conditions on the type or amount
of materials combusted or processed will also be used in determining
the potential emission rate of a source.

27. Process weight rate means the average total weight of all
materials, not including any gaseous or liquid fuels or combustion air,
introducted into any manufacturing, industrial or combustion process
that may result in the emission of particulate matter to the ambient
air, computed on an hourly basis, and shall be expressed in terms
of weight per unit of time.

28. Region means those air quality regions established by the
Department of Environmental Protection pursuant to 38 M.R.S.A.,
Section 583.

29. Ringelmann Chart shall mean the chart published and described
in the U. S. Bureau of Mines Information Circular 8333, on which are
illustrated graduated shades of gray for use in estimating the light
obscuring density or deice for the measurement of the light obscuring
density of black air contaminant emissions which may be approved by
the Department of Environmental Protection.

30. True Vapor Pressure - True vapor pressure means the equilibrium
partial pressure exerted by a petroleum liquid as determined in
accordance with methods described in American Petroleum Institute
Bulletin 2517 "Evaporation Loss from Floating Roof Tanks," 1962.

31. Significant Impact - Significant impact shall mean the
contribution for all air contaminants which is equal to or greater than,
or may reasonably be expected to be equal to or greater than the levels
shown below for the respective averaging times:

Averaging Time

Pollutant Annual 24-Hr 8-Hr 3-Hr 1-Hr

S02 1 ug/m3 5 ug/m3 25 ug/m3
TSP 1 ug/m3 5 ug/m3
NO2 1 ug/m3 O.5mg/m3
CO

216

These regulations shall be effective upon filing with the Office
of the Secretary of State and shall supersede all previous regulations
on this subject.

After public hearings on August 21, 22, 23, 24, and 27, 1979
the above regulation is amended this 26Th day of September 1979.

BASIS STATEMENT: The basis of this regulation are those concepts
and ideas used in air pollution control regulations and that
need special definition to aid in the understanding of those
regulations.

AUTHORITY: 38 M.R.S.A., Section 585-A

EFFECTIVE DATE: January 31, 1972
Amended May 7, 1979
Amended 2EC 2 4 1979

217

06-096 DEPARTMIENT OF ENVl(RONFIENTAL PROILC1 !ON

Chapter 101 VISIBLE EMISSIONS REGULATION

SUMMARY: This regulation establishes opacity limitations
for emissions froii several catagories of air contiminant
sources.

1. Scope

This section shall be effective in all ambient air quality control
regions in the State of Maine.

2. Prohibition

No person shall emit or cause to be emitted any visible air
contaminants:

A. From any "Fuel Burning Equipment":

1. whose rated input capacity is less than 250 million BTU/hr
that exceeds an opacity of 30 per cent for more than
15 minutes in any continuous 3-hour period.

2. whose rated input capacity is greater than 250 million
BTU/hr that exceeds an opacity of 40 per cent for more than
15 minutes in any continuous 3-hour period.

B. From any "Solid Waste Fuel Burning Equipment" that exceeds an
opacity of 40 per cent for more than 20 minutes in any two hour
period.

C. From any "General Process" including "fugitive emission" source
that exceeds an opacity of 20 per cent for more than five minutes
in any one hour except:

1. existing wood fired brick kilns whose opacity shall not
exceed 40 per cent for more than 20 minutes in any
1 hour period.

2. existing recovery boilers whose opacity shall not exceed
30 per cent for more than 5 minutes in any 3 hour period.

D. From any "air contaminant source" comprised of two or more of any
combination of fuel burning, solid waste fuel burning or general
process emitted through one stack that exceeds an opacity of
40 per cent for more than 20 minutes in any continuous two hour
period or 80 per cent for more than 10 minutes in any one hour.

278

3. .Exf:u._rpt.i u nLs 9

This section shall not apply to:

A. Emissions of condensed, uncombined water va"'!r

B. Incinerators

C. Permitted open burning

D. Air contaminants emitted for the purpose of tr.irlii:,:
research, or recreation.

After public hearings on August 21, 22, 23, 24, and 2>7 1979
the above regulation is amended this 26Th day of September ,,S79.

BASIS STATEMENT: This regulation permits the disc.2t ev-':-1tion of
opacity of air emission at the point of discharge to tho ambient
air. Opaque plumes indicate high particulate c-mission; *W
improperly operated or maintained fuel-burning, pr:!ce:: r air pollution
tion control equipment and often create nuisance condit'ins or
otherwise deleteriously effects local aesthetic values.

AUTHORITY : 38 M.R.S.A. 585

EFFECTIVE DATE: January 31, 1972
AmendecDEC 2 6 1979

219

06-096 DEPARTMENT OF ENIRONMENTAL PROTECTION

Chapter 102 OPEN BURNING REGULATION

SUM1MARY: This rule provides for the prohibition of the
open-burning of rubber products or by-products at any
time. In addition, the open-burning of waste of any type
except at municipal sites serving less than 1,000 persons
is prohibited. Open burning at sites serving less than
1,000 persons may be prohibited if the burning is in
violation of air quality standards. Municipal officials
maintaining a solid waste site serving 1,000 or more persons
may apply to the Board for a variance to the open-burning
provisions. Conditions for which an open burning permit
may be obtained are also outlined in these rules.

920

Scope
This regulation shall be effective in all ambient air quality control
regions in the State of Maine.

2. Prohibitions
A. Open burning of tires or rubber products or by-products shall be
prohibited after July 1, 1972.
B. Except as provided in subsection 2, open burning of waste of any kind
at sites other than a municipal solid waste disposal site is prohibited
after July 1, 1975.
C. Open burning of solid waste material at a municipal solid waste disposal
site serving less than 1,000 persons shall only be prohibited where the
Board of Environmental Protectionafter investigation and hearing,
shows that the continuance of open burning at a specific municipal
site is in violation of air quality standards.
D. Open burning of solid waste materials at a municipal solid waste dis-
posal site serving 1,000 or more persons is prohibited after September
., 1975, unless the owners and lessee of the municipal solid waste
disposal site apply for a variance under this section from the Board
of Environmental Protection.
While an application for a variance is being processed by the
Department of Environmental Protection, open burning at the municipal
site in question may continue until the Board makes its final decision
on the application.
E. Whenever the Board of Environmental Protection shows that open burning
at a municipal solid waste disposal site violates air quality standards
or whensve- the Board denies a variance under this section it shall,
after ctinsuication with the violator or applicant for a variance,
es:aoiisn a reasonable compliance schedule aimed at bringing about the
cessation of open burning at the municipal waste disposal site under
consideration. This compliance schedule shall include, but not be limi-
ted to, the following:
1. Arrangements for administration and financing;
2. Plans and sp2cifications;
3. Studies and investigations3
4. Site acquisition;
5. Purchase of necessary equipment; and
6. Operational date of the proposed solid waste disposal site.
A compliance schedule established under this section shall be
conditioned upon reasonable terms and conditions aimed at achieving
air quality standards and shall be for a time of not less than 2 years.

221

Exemptions

Open burning may be permitted for the following purposes provided
a permit is obtained pursuant to paragraph 10.2.4:

A. Open burning for the control or prevention of any disease, virus or
similar hazard to public health;
B. Open burning for agricultural purposes such as land clearing,
blueberry control, or burning for similar prescribed cultural purposes.
C. Open burning for the disposal of any material generated by the
demolition of any building or the clearing of any land for the
erection, modification or construction of any highway, railroad,
power or communication line or pipeline, or commercial or industrial
or recreational building or development.
D. Open burning for training, research and recreational purposes except
that fires for recreational purposes on a person's own property are
not required to obtain a permit.

4. Open Burninq Permits

Open burning permits may be granted by the Forest Ranger of Town
Forest Fire Warden having jurisdiction over the location where the fire
is to be set. Should complicated circumstances warrantjthe Ranger or
Warden may refer the person requesting a permit to the Commissioner for
approval of paragraphs A., B., C., below. Such permits will be issued
if it is determined:

A. There is no local, private or municipal rubbish collection for such
materials nor any reasonably located municipal or private dump to
which such material may be transported or the quantity of material
is such that it cannot be reasonably transported3
B. There is no other suitable method for disposal of such materials
that will not create or aggravate a hazard to public health or safety
or public or private property nor violate any provision of state or
local law or regulation;
C. The existing wind speed and atmospheric stagnating conditions will
not create any nuisance conditionis;
0. Such burning will not take place within 25 feet of a public way;
E. Such burning wilt take place under such conditions as will prevent
the uncontrolled spread of the fire;
F. The burning will comply with all applicable regulations of the State
of Maine Bureau of Forestry (Department of Conservation) and any
applicable local fire regulations.

222

5. Reports

The progress reports listed in this subsection shall be submitted
to the Board on or before the date indicated by any persons using open
Iburning as a method of waste disposal.

A. November 1, 1973: Status report on forms supplied by the Department;
B. April 15, 1974: A status report on forms supplied by the Department
indicating that the necessary studies and investigations and preparation
of final plans is progressing to insure compliance with paragraph C.
Such a report should include, but is not limited to, location and
method of waste disposal for which final plans are being prepared
and name of inhouse or contracted person responsible for the preparation
of such plans;
C. October 1, 1974: Final plans for proposed waste disposal facilities
including detailed engineering plans and necessary site acquisition,
said final plans to be subject to Board review and approval under
applicable laws and regulations;
D. April 15, 1975: Copies of executed contracts or agreements necessary
to implement the approved final plans including acquisition of land
and acquisition, installation and construction of structures and
equipment;
E. July 1, 1975: Certification of Compliance
1973, c. 438 � 8. -

6. Variances

Any municipality maintaining or leasing an open-burning solid waste
disposal site may apply to the board for a variance to the open-burning
requirements of this section. The application shall be accompanied by such
information and data as the Board may require. The staff of the Department
of Environmental Protection shall provide air quality technical assistance
to municipal applicants for a variance under this section.

Whenever a municipality shows that compliance with the open burning
requirements of this section would produce undue hardship, the Board shall
grant a variance, except that no variance shall be granted when the Board
shows that the emissions from the open burning endanger human health and
safety.

No variance shall be granted under this section unless the municipality
causes to be published a public notice of the intent to grant a variance
in a newspaper c-irculated -In the area at least 10 days prior to the meeting
at which the Board is scheduled to act on the variance. The Board shall
notify the municipality of its intent to grant

223

0 ~~a variance 20 days before the meeting scheduled to act on the variance.

The Board of Environmental Protection may conduct a public hearing on
any variance application under this section if it determines that there is
substantial objection to the granting of the variance. The Board of
Environmental Protection, if it determines that it will deny the variance
applied for, shall at the request of the municipality conduct a public
hearing for the municipality which made application, before the denial
becomes effective, to give the town the opportunity to show that the
emissions from open burning do not endanger human health or safety and
compliance with the open burning requirements of this subsection would
produce serious hardship and that a variance should be granted. Public
notice of hearings described in this paragraph shall be published in the
state paper and a newspaper circulated in the municipality at least 10
days prior to the date of the public hearing.

The board, after granting a variance to a municipality under this
section, if it determines that the municipal solid waste disposal facility
does not violate air quality standards, shall take all necessary steps to
remove that facility from the United States Environmental Protection
Agency approved State of Maine Air Quality Implementation Plan.

After public notice and public hearing November 21, 1977 the above regulation
is hereby adopted this 21st day of December, 1977.

BASIS STATEMENT: The Board of Environmental
Protection has found that the open-burning
of rubber products and by-products as well
as open-burning dumps contributes to the
degradation of air quality. A reduction of
particulate pollutants by limiting open
burning will lead to an improvement in air
quality and provide protection to the public's
health, safety and welfare.

AUTHORITY: 38 M.R.S.A., Section 585-A

EFFECTIVE DATE: February 8, 1978

224

06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter 103 FUEL BURNING EQUIPMENT PARTICULATE EMISSION STANDARD

SUMMARY: This regulation establishes a limitation on
the amount of particulate matter allowed to be emitted
from fuel burning equipment. The amount of particulate
matter permitted is dependent upon the rated capacity of
the equipment.

1. Scope

This regulation shall be applicable to all fuel-burning equipment
that is fired at a rate of 3 million BTU/hr or greater regardless of fuel
type, and shall be effective in all ambient air quality control regions
in *.6- S-tate of Maine as follows:

A. Immediately for all new fuel-burning equipment, the
construction or operation of which begins after the effective date
of this emission standard unless such equipment is otherwise
required to meet a stricter standard of performance;

B. June 1, 1975 for all existing sources. I

2. Emission Standard

Any person operating fuel-burning equipment within the scope of
this regulation shall limit the particulate emissions from such fuel-
burning equipment in accordance with Figure 103A for a two hour sampling
period.

3. Equipment Malfunction or Breakdown

Any person owning or operating fuel-burning equipment within the
scope of this emission standard that malfunctions or suffers a breakdown
in any component part which malfunction or breakdown causes this emission
standard to be violated shall notify the Environmental Improvement
Commission within 48 hours in writing.

4. Test Methods and Procedures

Test Methods I and 5 as promulgated by the Administrator,
Environmental Protection Agency Rules and Regulation 60.85, "Federal
Register", Volume 236, Number 247, Thursday, December 23, 1971, or such
other methods as are deemed equivalent by the Environmental Improvement
Commission shall be those used to determine compliance with this
regulation.
BASIS STATEMENT: The basis of the regulation is to limit the
amount of particulate matter to be emitted from fuel burning
equipment thereby protecting the ambient air quality standard.

225

AUTHORITY: 33 M.R.S.A., Section 585, 535-A

EFFECTIVE DATE: January 31, 1972

226

Cc pPi - j -. CA PA 9.IT

- ~ ~ ~ ~ ~ ~ (T .H IN I

227

06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter 104 INCINERATOR PARTICULATE EMISSION STANDARD

SUMMARY: This regulation establishes a limitation
on the amount of particulate matter allowed to
be emitted from each of several catagories and
sizes of incinerators and a limitation on the
opacity of emissions from all incinerators.

1. Scope

This regulation shall be applicable to all incinerators and shall
be effective in all regions in the State of Maine as follows:

A. Immediately for all new incinerators, the consturction or
operation of which begins after the effective date of this emission
standard unless such incinerators are required to meet a stricter
standard of performance;

B. June 1, 1975 for all existing incinerators.

2. Emission Standard

No person shall emit or cause to be emitted any particulate air
contaminants from:
A. Any incinerator darker than a number I on the Ringelmann
Chart, excluding the emission of water vapor;
B. Any Class III, IV, V, VI, and VII incinerator having a
designed charging rate of 50 tons per day or less, that exceed 0.2
grains per standard cubic foot of dry flue gas for a two hour
sampling period corrected to 12 per cent carbor dioxide without
the contribution of carbon dioxide from the auxiliary fuel.

C. Any class incinerator having a designed charging rate
greater than 50 tons per day, that exceed 0.08 grains per standard
cubic foot of dry flue gas for a 2-hour sampling period, corrected
to 12 per cent carborn dioxide without the contribution of carbon
dioxide from the auxiliary fuel.

3. Incinerator Malfunction or Breakdown

Any person owning or operating incinerators under the scope of
this emission standard, except Class I, IA, II, and 11A incinerators
that malfunction or suffer a breakdown in any component part which
malfunction or breakdown causes this emission standard to be violated
shall notify the Environmental Improvement Commission within 48 hours

228

in writing.

4. Test Methods and Procedures

Test Methods 1, 3, and 5 as promulgated by the Administrator,
Environmental Protection Agency Rules and Regulations 60. 85, "Federal
Register", Volume 36, Number 247, Thursday, December 23, 1971 or
such other methods as are deemed equivalent by the Environmental
Improvement Commission shall be those used to determine compliance with
this regulation.

BASIS STATEMENT: The basis of the regulation is to limit
particulate emissions to protect the ambient air quality
standard.
AUTHORITY: 38 M.R.S.A.., Section 585, 585-A

EFFECTIVE DATE: January 31, 1972

229

06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter 105 GENERAL PROCESS SOURCE PARTICULATE EMISSION STANDARD

SUMMARY: This regulation establishes a limitation on the
amount of particulate emissions allowed from any general
process source determined on the basis of the size and
rate at which the process operates. Also included are
specific emission limitations on Kraft pulping processes
based on the tons of pulp produced.

1. Scope

A general process source shall be any emission source except
fuel-burning equipment, incinerators, mobile sources, open burning
sources, and sources of fugitive dust. This emission standard shall
be effective in all regions in the State of Maine as follows:

A. Immediately for all new process sources the construction
of which begins after the Commission adopts this emission
standard unless such sources are required to meet a stricter
standard of performance;

B. June 1, 1975 for all existing sources.

2. Emission Standard

Any person operating any general process source within the scope
of this regulation, except kraft pulping processes, shall limit the
emission of particulate air contaminants from such emission source
in accordance with Section 4, for a 2-hour sampling period.

Any person operating any kraft pulping process shall limit the
emission of particulate air contaminants from such emission source as
follows: 4 pounds of particulate emissions per air dried ton of kraft
pulp from the recovery boiler, I pound of particulate air contaminants
per air dried ton of kraft pulp from the lime kiln, 0.5 pound of
particulate air contaminants per air dried ton of kraft pulp from
the smelt tank for a 2-hour sampling period.

All similar units, processes operated by the same person at the
same general location shall be combined in computing the process weight
rate for use in Table 105A.

230

4. Table 105A

Process Weight Rate Emission Rate
(lb./hr.) (lbs/hr.)

50 0.36
100 0.55
500 1.53
1,000 2.25
5,000 6.34
10,000 9.73
20,000 14.99
60,000 29.60
80,000 31.19
120,000 33.28
160,000 34.85
200,000 36.11
400,000 40.35
1,000,000 46.72

Interpolation of Table I for process weight rates up to 60,000 lbs./
hr. shall be computed by use of the following equation:

0.62
E = 3.59P P- 30 tons/hr.

and interpolation and extrapolation of Table I for rates in excess of
60,000 lbs./hr. shall be computed by use of the equation:
0.16
E = 17.31P P- 30 tons/hr.

Where E = Emissions in pounds per hour and P = process weight rate in
tons per hour.

5. Malfunction or breakdown

Any person owning or operating a source under the scope of this
emission standard that malfunctions or suffers a breakdown in any component
part that causes this emission standard to be violated shall notify the
Commission within 48 hours in writing.

6. Test Methods and Procedures

Test methods 1 and 5 as promulgated by the Administrator,
Environmental Protection Agency Rules and Regulations 60.85, "Federal
Register", volume 36, number 247, Thursday, December 23, 1971 or such
other methods as are deemed equivalent by the Environmental Improvement
Commission shall be used to determine compliance with this regulation.

231

BASIS STATEMENT: The basis of the regulation is to limit particu-
late emissions from this catagory of sources so as to protect the
ambient air quality standard.

AUTHORITY: 38 M.R.S.A., Section 585, 585-A

EFFECTIVE DATE: January 31, 1972

232

06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter 106 LOW SULFUR FUEL REGULATION

SUMMARY: This regulation establishes maximum sulfur
contents of fossil fuels used in all areas of the state.

1. Scope

This regulation shall apply to those air quality controls regions
in the State of Maine as indicated in Section 106.62.
2. Prohibitions

A. In the Central Maine, Downeast, Aroostook County, and
Northwest Maine Air Quality Control Regions, no person shall sell,
distribute, buy or use any fuel with a sulfur content greater than
2.5% by weight anytime after November 1, 1973. In the Metropolitan
Portland Air Quality Control Region outside the Portland Peninsula
Air Quality Control Region, no person shall sell, distribute, buy
or use any fuel with a sulfur content greater than 2.5% by weight
any time after ~June 1, 1975.

B. In the Portland Peninsula Air Quality Control Region, no
person shall use any fuel with a sulfur content greater than 1.5%
by weight any time after November 1, 1975.

C. In the Portland Penisula Air Quality Control Region, no
person shall use any fuel with a sulfur content greater than l.O%
by weight any time after November 1, 1985.

3. Records

Any person importing residual oil or coal into the State of Maine
shall submit to the Department of Environmental Protection a record of the
sulfur content of each shipment of such fuel. Any person blending oil for
use within the Portland Peninsula Air Quality Control Region shall submit
to the Department of Environmental Protection on a monthly basis a report
indicating the total volume and average sulfur content actually supplied.

4. Exemptions

A. A source that installs one or more sulfur collecting
devices that reduce sulfur dioxide emissions to the equivalent
level allowed in that air quality region shall be exempt from
this regulation.

233

B. If during periods of energy crisis or equipment outage an
Oil supplier is unable to Supply conforming fuel, that supplier
may apply for a temporary variance to the Commissioner of the
Department of Environmental Protection. The Commissioner may,
without hearing, issue that variance for a period not to exceed
60 days if the application in his judgement meets the criteria
of the applicable statutory variance requirements. Such temporary
variance cannot be renewed.

5. Effective Date

This regulation shall be effective upon the date of filing with
the Secretary of State.
After public notice and public hearing December 19, 1977 the above
regulation is hereby adopted this 11th day of January, 1978.

BASIS STATEMENT: Sulfur in fossil fuels is converted to sulfur
dioxide during the combustion process. Regulating the sulfur
content of fossils represents an emission standard for sulfur
dioxide from fuel burning sources to protect the ambient air
quality standard for sulfur dioxide.

AUTHORITY: 38 M.R.S.A. Section 585

EFFECTIVE DATE: February 8, 1978

234

06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter 107 SULFUR DIOXIDE EMISSION STANDARDS FOR SULFITE PULP MILLS

SUMMARY: This regulation establishes a limitation on the
amount of Sulfur Dioxide allowed to be emitted from process
sources for sulfite pulp mills based on the sulfite pulp
production of the mill.

1. scope

This emission standard shall apply to all emissions from sulfite
type pulp mills except that sulfur dioxide produced from the burning of
coal or petroleum fuels are not to be included in this emission standard.
This emission standard shall become effective in all regions as follows:

A. Immediately for any new sulfite type pulp mill, the
construction or operation of which begins after the effective date
of this emission standard;

B. June 1, 1975 for all existing sources.

2 . Emission Standard

No person shall emit or cause to be emitted any sulfur dioxide
emissions from any emission source within the scope of this emission
standard in excess of 40 pounds per air dried ton of sulfite pulp
produced.

3. Malfunction or Breakdown

Any person owning or operating pulp mills under the scope of this
emission standard that malfunction or suffer a breakdown in any component
part, which malfunction or breakdown causes this emission standard to be
violated shall notify the Commission within 48 hours in writing.

4. Test Methods and Procedures

Test methods I and 6 as promulgated by the Administrator,
Environmental Protection Agency Rules and Regulations 60.85, "Federal
Register", volume 36, number 247, Thursday, December 23, 1971, or
such other methods as are deemed equivalent by the Environmental
Improvement Commission shall be used to determine compliance with this
regulation.

235

BASIS STATEMENT: The basis of the regulation is to limit
sulfur dioxide emissions to protect the ambient air quality
standard for sulfur dioxide.
AUTHORITY: 38 M.R.S.A., Section 585, 585A

EFFECTIVE DATE: January 31, 1972

236

06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter 108 EMISSION LICENSE REGULATION

SUMMARY: This regulation implements Section 590 of
Title 38 Maine Revised Statutes. It specifies
who must obtain an air emission license, what
information an applicant must submit and what
standards and criteria he must comply with.

1. Scope

This regulation shall be effective in all ambient air quality
control regions in the State of Maine.

2. Emission License

Any person operatiiyg an existing emission source which is not
exempted under Sectior 10 shall file an application for an Emission
License with the Department.

Any person planning to operate a new emission source not exempted
under Section 10 or modify either an exempt existing source or licensed
source such that followi,,g construction cr modification the source
would require an emission license under this regulation, shall submit an
application for an Emission License at least 180 days prior to starting
construction.

3. Information and Impact Analysis Required

In addition to the application data required of any source for an
air emission license, a new or modified major emitting source shall
provide sufficient information so as to demonstrate that proposed
increases in emissions, in conjunction with existing emissions from
other sources, will not cause or contribute to a violation of applicable
state ambient air quality standards and ambient air increments, except
insofar as allowed under Section 5.

A. All estimates of ambient concentrations required under this
section shall be based on the applicable air quality models, data bases
and other requirements specified in the Guidelines on Air Quality Models
promulgated by the U. S. Environmental Protection Agency, Office of Air
Quality Planning and Standards, Research Triangle Park, N.C. 27711.

1. Where an air quality impact model specified in the
Guidelines on Air Quality Models is inappropriate, the
model may be modified or another model substituted.

2. A substitution or modification of a model shall be
subject to public comment procedures.

237

3. Written approval of the Commissioner of DEP must be
obtained for any modification or substitution.

4. Methods like those outlined in the Workbook for the
Comparison of Air Quality Models (U.S. Environmental
Protection Agency, Office of Air Quality Planning and
Standards, Research Triangle Park, tN.C. 27711, April
1977) will be used to determine the comparability of
air quality models.

5. Monitoring done by the owner or operator, if
requested by the Department pursuant to subsection (C)
(1), shall conform to the requirements of Appendix B
to Part 58, Title 40, Code of Federal Regulations.
Modification to these procedures are permitted only after
written approval by the Commissioner.

B. The following application data is required of any proposed
new or modified major emitting source:

1. A description of the nature, location, design capacity
and typical operating schedule of the source or modifica-
tion, including specifications and drawings showing its
design and plant layout.

2. A schedule for construction of the source or
modification.

3. A detailed description as to what system of
continuous emission reduction is planned by the source
or modification, emission estimates and any other
information necessary to determine that Best Available
Control Technology or Lowest Achievable Emission Rate
as applicable would be applied.

C. The following additional data will be required of those
new or modified emission sources whose emissions may have significant
impact on ambient air quality standards and applicable increments,
or will impact a Class I area or will impact an area in which an appli-
cable increment is known to be violated:

1. An analysis of continuous air quality monitoring data
for any pollutant emitted by the source or modification
for wnich a State ambient air quality standard exists,
except non-methane hydrocarbons. Such data shall relate
to, and shall have been gathered over, the year preceding
receipt of the complete application, unless the owner or
operator demonstrates to the Department's satisfaction
that such data gathered over a portion or portions of that
year Jr another representative year would be adequate to
determine that the source or modification would not cause
or contribute to a violation of a national ambient air

238

quality standard.

2. An analysis of the air quality impact of the source
or modification, including meteorological and topographical
data necessary to estimate such impact.

3. An analysis of the impairment to visibility, soils,
and vegetation that would occur as a result of the source
or modification and general commercial, residential,
industrial and other growth associated with the source or
modification. The owner or operator need not provide an
analysis of the impact on vegetation having no significant
commercial or recreational value.

4. An analysis of the air quality impact projected for
the area as a result of general commercial, residential,
industrial and other growth associated with the source or
modification.

D. The owner or operator of a proposed source or modification
shall, after construction of the source or modification, conduct such
ambient air quality monitoring as the Department determines may be
necessary to establish the effect which emissions from the source or
modification of a pollutant for which an ambient air quality standard
exists (other than non-methane hydrocarbons) may have or is having, on
air quality in any area which such emissions would affect.

E. Sections 1, 2, 3, and 4 of subpart C shall not apply to a
major emitting source or modification except for those sources whose
emissions will or can reasonably be expected to impact a Class I area-

1. With respect to emissions from it which the owner
or operator shows to be fugitive dust, or

2. Whose allowable emissions of such pollutant would
be less than 50 tons per year, 1,000 pounds per day, or
100 pounds per hour, whichever is most restrictive.

4. Criteria for Granting the License

Issuance of licenses shall be governed by 38 M.R.S.A. 590. Within
180 days of receipt of a properly completed application for emission
license, the Department must either grant or deny the license. The
burden shall be upon the person requesting the emission license to
affirmatively demonstrate to the Department that each of the following
criteria have been met:

A. the emission is receiving the best practical treatment
as defined in Section 6.

239

B. the emission will not violate applicable emission standards
or can be controlled so as to not violate the applicable emission
standards as defined in DEP regulations.

C. The emission either alone or in conjunction with existing
emissions will not violate applicable ambient air quality standards and
increments as defined in 38 M.R.S.A. 584-A and DEP regulations.

D. The equipment to be used is both reliable in conforming
to design specifications and expected operating characteristics, and
dependable in performance, except that allowances will be made for
innovative technology.

5. License for Sources in or Affectinc Nonattainment Areas

A. In addition to the criteria listed in Section 4, no license
for a new or modified major emitting source located in or significantly
impacting a nonattainment area shall be granted unless:

1. The source demonstrates to the Department that it
has obtained offsets consistant with the requirements of
DEP Regulation, Chapter 113; and

2. All major emitting sources owned or operated by
such person (or by any entity controlling, controlled by,
or under common control with such person) in the state
are in compliance, or on a schedule for compliance,
with all applicable emission limitations and standards.

B. It shall be the responsibility of the proposed new or
modified major emitting source subject to subsection A to insure the
required offset. All such emission reductions or offsets must be
legally enforceable prior to obtaining an air emission license and
in effect by startup and throughout operation of the proposed source.

C. Licenses for existing sources located in or significantly
impacting a nonattainment area shall not be reissued unless the Board
determines that:

1. There is in effect a State Implementation Plan
program to achieve the applicable ambient air quality
standard for the nonattainnient area;

2. Reasonable Further Progress toward achievement
of the standard is being made in accordance with the
State implementation Plan schedule; and

3. The source seeking renewal oftits license is in
co.moliance with any obligations it may have to achieve
the applicable standard in the nonattainment area.

* 240

6. Definition uf best Practical Treatment

A. Existing Sources. For all sources which obtained an
original air emission license for a new, modified, or existing facility
prior to January 6, 1975, "Best Practical Treatment" shall mean:

1. That method which controls or reduces emissions of
air contaminants to the lowest possible level considering:

a. the then existing state of technology, and
b. the effectiveness of available alternatives
for reducing emissions from the source being considered,
and
c. the economic feasibility for the type of
establishment involved.

2. Reasonably Available C ontrol T echnology for those
sources located within or whose emissions significantly
impact a designated nonattainment area. Reasonably
Available Control Technology means that method of treatment
that is reasonably available as a retrofit to existing
processes or equipment involved and shall be determined by
the Department considering the then existing state of
technology, federal guidelines for determining the degree of
emission reductions achievable and the type and unique
character of affected facilities.

3. In no case shall "Best Practical Treatment" mean
less than:

a. that method of air pollution control which
assures the attainment and maintenance of all
applicable emission standards promulgated by the
Department and in force at the time of the issuance
of the original or renewed air emission license; or

b. where applicable, that method of air pollution
control which assures the attainment and maintenance
of New Source Performance Standards, as promulgated
by the U. S. Environmental Protection Agency at 40
CFR Part 60 under authority of Section 111 of the
Clean Air Act; or

c. where applicable, that method of air pollution
cuntrol which assures the attainment and maintenance
of the National Emission Standards for Hazardous
Air Pullutants as promulgated by tne U.-S. Environmen-
tal Protection Agency at 40 CFR Part 61, under autho-
rity of Section 112 of the Clean Air Act.

241

New Sources in Attainment Areas

1. For any new or modified major emitting source which
submits a license application after January 1, 1979 "Best
Practical Treatment" shall mean "Best Available Control
Technology" (BACT). "Best Available Control Technology"
means an emission limitation based on the maximum degree
of reduction of each pollutant emitted from or which results
from the new or modified source, which the Board, on a case
by case basis, taking into account energy, environmental
and economic impacts and other costs, determines is achieva-
ble for such source through application of production pro-
cesses and available methods, systems, techniques, in-
cluding fuel cleaning or treatment or innovative fuel com-
bustion techniques for control of each such pollutant. In
no event shall application of "Best Available Control
Technology" result in emissions of any pollutant which
exceed those allowed by any applicable standard established
pursuant to section 111 (New Source Performance Standards)
or section 112 (National Emission Standards for Hazardous
Pollutants) of the U. S. Clean Air Act, as amended, or any
applicable emission standard established by the Department.

The Board will consider the imposition of a design, equip-
ment or operating standard or work practice if the im-
position of emission limitations proves not to be possible.

2. The Board views the BACT requirement as the major
means by which the use of the available ambient air in-
crement is regulated. BACT as defined in Section 6 (B)(1)
will generally minimize the use of the increment so as to
maximize local future growth options.

3. The BACT determination will be on a case-by-case basis.
The degree of analysis required of the applicant will vary
with the level of air quality impact expected to be con-
tributed by the source. In every case, however, the appli-
cant is responsible for the submission of the following
information to the degree necessary (as determined by the
Department) to make the BACT determination:

a. Proposal of a Control System Representinq BACT.
BACT should consider control of each emission point
at a facility, including fugitive as well as stack
emissions. Technology selection should consider
application of flue gas treatment, fuel treatment
and processes and techniques which are inherently low
polluting and are economically feasible to this
source. in cases where technological or economic
limitations on the application of measurement
techniques would make the imposition of an emission

242

standard infeasible, a design, operating, or
equipment standard or work practice can be
established.

b. Presentation of all Alternative Systems
Considered that Could Achieve a Hiaher Deqree of
Emission Control. Only technically viable alter-
natives which have greater control capabilities
than the system proposed as BACT and which have
been used for the same or similar applications
should be considered. However, the Board recognizes
that the BACT decision may require a trade-off of
control among pollutants and sources. If no better
control alternative is technically and economically
feasible for an emission point, then such finding
should be stated and supported. In some cases, a
better control technology may be available for a
general type of operation; however, unique processing
equipment or procedures may create a valid technical
reason which would preclude its use. Such situations
should be fully supported.

c. For Alternative Systems Not Selected. A source
must explain why the more stringent level of control is
inappropriate for BACT in terms of energy, economic
and environmental impacts. The rationale should be
presented in the form of a incremental analysis of the
impacts of each rejected alternative relative to the
proposed BACT system.

4. The impact analysis which compares the preferred BACT
decision with alternatives not chosen will vary in number
of variables and the depth in which they are presented
depending on the size, location, and air quality impact of
the proposed source. While the following list of factors
to be considered in the environmental, energy and economic
impacts analysis is not all-inclusive, a typical BACT
determination for a complex source may involve the
following.

a. Energy Impacts: Direct Energy Impacts;
Impact on Scarce Fuels; Energy Production Impacts
(electric utilities).

b. Environmental Impact (direct and secondary):
Air Pollution; Water Pollution; Solid Waste Disposal;
Irreversible and Irretrievable Commitment of Resources;
Other, as appropriate.

243

5. The Department urges the use of already available
documents and studies, however, the impact analysis must
be supported by documentation.

6. The Department will not automatically assign relative
weights to these impact factors. The peculiar nature of
the source, its proposed location and the views of the
public and local officials may vary the approach taken
by the Board.

C. New Sources in Nonattainment Areas. For any new or modified
major emitting source which submits a license application to locate
in or whose emissions may reasonably be expected to impact any
designated Nonattainment Area, "Best Practical Treatment" shall
mean "Lowest Achievable Emission Rate" for those pollutants emitted
by the facility which are the cause of the nonattainment designation
for that area.

"Lowest Achievable Emission Rate" means for any source
that rate of emissions which reflect:

1. The most stringent emission limitation which is
contained in any implementation plan of any state (re-
quired under the Clean Air Act, as amended, 42 U.S.C.
1857, et. seq.) for such class or category of source,
unless the owner or operator of the proposed source
demonstrates that such limitations are not achievable; or

2. The most stringent emission limitation which is
achieved in practice by such class or category of source,
whichever is more stringent. In no event shall "Lowest
Achievable Emission Rate" result in the emission of any
pollutant in excess of those standards and limitations
promulgated pursuant to Sections 111 or 112 of the Clean
Air Act, as amended, or any emission standard
established by the Department.

D. Stack Hegant. The degree of emission limitation required
for control of any air contaminant under this section shall not be
affected in any manner by:

1. So much of the stack height of the source as
exceeds good engineering practice; or

2. Any other dispersion technique.

244

7. Conditions on the License.

The Department may impose any appropriate and
reasonable conditions to insure compliance with emission
and ambient air quality standards, regulations and orders.
However, every license shall be subject to the following
standard conditions:

A. Employees and authorized representatives of the
Department of Environmental Protection shall be allowed access to the
premises of the licensee during normal business or op-
erating hours, and at such other times as the Commissioner of the
Department of Environmental Protection deems necessary, to perform
such tests and inspections and examine all records relating to emissions.

B. A new emission license shall be required prior to the
commencement of a modification.

C. All applicable ambient air quality standards, emission
standards, regulations, orders and local ordinances shall be complied
with.

D. The licensee shall maintain sufficient records to
accurately complete the application for an emission license.

E. The licensee shall maintain records of all required air
pollution control equipment malfunctions, failures, and downtime as
well as records of any change or malfunction of the air contaminant
sources that would create above normal contaminant emissions.

F. Approval to construct shall become invalid if
construction is not commenced within 24 months after receipt of such
approval or if construction is discontinued for a period of 24 months
or more. The Department may extend such time period upon a satisfactory
showing that an extension is justified.

In addition to the standard conditions imposed on any
license, the Board may impose any other appropriate and reasonable
conditions necessary to insure compliance with emission standards and
regulations.

8. Determination of Adverse Impact on Nearby Reqions

The Department shall have the authority to make a preliminary
determination upon suomission of the application for the new or
modified major e;itting source whether such source is likely to have
an adverse impact on the air quality standards of a nearby region
or portion thereof. If such determination is in the affirmative, the
proposed new or modified source shall be requested, in writing, to
demonstrate that its emissions will not cause or contribute to a
violation of the applicable standards of any nearby region or portion
thereof. Any interested person may petition the Department for a

245

determination under this Section with respect to any license application
within the time period allowed for public commnent.

9. Terms of the Emission License

All emission licenses except those classified in Regulations,
Chapter 100 as lesser sources shall be issued for a two year period
and renewed biennially from the date that they were initially granted.
Lesser source licenses may be granted and renewed for five year periods.
Obtaining an air emission license does not relieve the source from
complying with all applicable emission standards and ambient air quality
standards. Sources classified as "lesser sources" shall be so licensed
as current licenses expire except that any such sources licensed after
January 1, 1978 shall be automatically placed in this category.

10. Exemptions

The following sources are exempted from obtaining an Emission
License as required in Section 108.2:

A. Fuel burning equipment whose total heat input is less
than 10 million BTU per hour;

B. Incinerators of Class I and IA;

C. Moving sources;

D. Bulk gasoline terminals with a daily throughput of less
than 20,000 gallons;

E. Bulk Petroleum Storage Facilities having gasoline or
crude oil stored in tanks smaller than 39,000 gallons.

11. Prohibition

No person shall emit or cause to be emitted any air contaminant
from any emission source without a license from the Department after
January 1, 1973.

12. Confidential and Proprietary Information

All process, product and other information designated proprietary
by the applicant, but not the emissions information, submitted in an
application for an emission license shall be considered confidential
and not for public disclosure.

These regulations shall be effective upon filing with the Office
of the Secretary of State and shall supersede all previous regulations
on this subject.

246

After public hearings on February 26, 27, 28, March 1, 2, and 3
and August 21, 22, 23, 24 and 27, 1979, the above regulation is
amended this 12th day of December, 1979.

BASIS STATEMENT: The basis of the regulation is to enable the
Board to determine that existing sources of air pollution are
complying with state and federal regulations and that new sources
do not cause air quality standard violations. It also enables
Maine to comply with certain federal permitting programs.

AUTHORITY: 38 MRSA, Section 590, 585-A

EFFECTIVE DATE: January 28, 1972
Amended October 8, 1975
Amended November 30, 1977
Amended May 7, 1979
Amended December 24, 1979
Amended January 16, 1980

247

06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter 109 EMERGENCY EPISODE REGULATIONS

SUMMARY: This regulation provides the criteria for four
air pollution levels, (1) forecast, (2) alert, (3) warning,
(4) emergency and then specifies special emission reductions
that must be implemented at each of the levels, including
at some stages process cut-backs or curtailments.

1. Scope

This regulation shall apply in any region in which the ambient
air quality reaches those levels defined in Section 10.9.2.

2. Criteria

A. Forecast: The forecast level will be declared upon receipt
of an air stagnation advisory.

B. Alert: The Alert level is that concentration of pollutants
at which first stage control actions is to begin.
An Alert will be declared when any one of the
following levels is reached at any monitoring
site: S02--800 ug/m3 (0.3 p.p.m.), 24-hour average.
Particulate--3.0 COHs or 375 ug/m , 24-hour average.
502 and particulate combined--product of SO2 p.p.m.,
24-hour average and COHs equal to 0.2 or product
of S02 - ug/m , 24 hour average, and particulate
ug/m3, 24-hour average equal to 65 X lO.
CO--17 mg/m (15 p.p.m.), 8-hour average.
Oxidant (03)--200 ug~m3 (0.1 p.p.m.)--l-hour aver-
age. N02--1130 ug/m (0.6 p.p.m.), 1-hour average,
282 ug/m3 (0.15 p.p.m.), 24-hour average, and
meteorological conditions are such the pollutant
concentrations can be expected to remain at the
above levels for twelve (12) or more hours or
increase unless control actions are taken.

C. Warning: The warning level indicates that air quality is
continuing to degrade and that additional control
actions are necessary. A warning will be declared
when any one of site: S02-1, 600 ug/m3 (0.6 p.p.m.),
24-hour average. Particulate - 5.0 COHs or 625
ug/m3, 24-hour average. S02 and particulate
combined - product of S02 p.p.m., 24-hour average
and COHs equal to 0.8 or product of SO2 ug/m3,
24-hour average and particulate ug/m3, 24-hour

248

average equal to 261 X 103.
C0-34 mg/m3 (30 p.p.m.), 8-hour average. Oxidant
(03) - 800 ug/m3 (0.4 p.p.m.), 1-hour average.
NO2 - 2,269 ug/m3 (1.2 p.p.m.) - 1-hour average;
565 ug/mj (0.3 p.p.m.), 24-hour average, and
meteorological conditions are such that pollutant
concentrations can be expected to remain at the
above levels for twelve (12) or more hours or
increase unless control actions are taken.

D. Emergency: The emergency level indicates that air quality is
continuing to degrade toward a level of signifi-
cant harm to the health of persons and that the
most stringent control actions are necessary. An
emergency will be declared when any one of the
following levels is reached at any monitoring site:
S02-200 ug/m3 (0.8 p.p.m.), 24-hour average.
Particulate-7.0 COHs or 875 ug/mi, 24-hour average.
S02 and particulate combined - product of S02 p.p.
m. 24-hour average and COHs equal to 1.2 or product
of SO2 ug/m3, 24-hour average and particulate
ug/m3, 24-ho r average equal to 393 X 10.
CO - 46 mg/m (40 p.p.m.) 8-hour average
Oxidant (03) - 1,200 ug/m3 (0.6 p.p.m.), 1-hour
average. N02-3,000 ug/m3 (1.6 p.p.m.), 1-hour
average; 750 ug/m3. (0.4 p.p.m.), 24-hour average,
and meteorological conditions are such that this
condition can be expected to remain at the above
levels for twelve (12) or more hours.

3. Emission Reduction Durinq Episodes

A. Forecast Stage

There is no specific emission reduction required during the
forecast stage, however, the Commission will monitor the atmospheric
concentrations of the various pollutants and the prevailing
meteorology on a 24-hour basis.

1. The following emission reduction plan shall be
instituted in any region that the alert level has been
reached.

a. There shall be no open burning by any persons
of tree waste, vegetation, refuse or debris in any
form.

b. The use of incinerators for the disposal of
any form of solid waste shall be limited to the
hours between 12 noon and 4 p.m.

249

C. Persons operating fuel-burning equipment shall
make maximum use of mid-day (12 noon - 4 p.m.)
atmospheric turbulence for boiler lancing and soot
blowing.
d. Persons operating motor vehicles should
eliminate all unnecessary operations.

2. Any person responsible for the operation of a source
of air pollutants listed below shall take all required
control actions for this Alert Level.

Source of Air Pollution Control Action

a. Coal or oil-fired i. Substantial reduction
electric power genera- by utilization of fuels
ting facilities. having low ash and sulfur
content.
ii. Maximum utilization of
mid-day (12 noon to 4
p.m.) atmospheric turbu-
lence for boiler lancing
and soot blowing.
iii. Substantial reduction
by diverting electric
power generation to
facilities outside of
Alert Area.
b. Coal and oil-fired i. Substantial reduction
process steam gener- by utilization of fuels
ating facilities. having low ash and
sulfur content.
ii. Maximum utilization of
mid-day (12 noon to 4
p.m.) atmospheric tur-
bulence for boiler
lancing and soot blowing.

iii. Substantial reduction
of steam load demands
consistent with con-
tinuing plant operations.
c. Manufacturing indust- 1. Substantial reduction
ries of the following of air pollutants
classifications from manufacturing

250

Primary Metals Industries operations by curtailing 4
Petroleum Refining Operation postponing or deferring
Chemical Industries production and all
Mineral Processing Indust. operations.
Paper & Allied Products
Grain Industry ii. Maximum reduction by
deferring trade waste
disposal operations
wh-ich emit solid parti-
cles, gas vapors or
malodorous substances.
iii. Maximum reduction of
heat load demands for
processing.
iiii. Maximum utilization of
mid-day (12 noon to 4
p.m.) atmospheric turbu-
lence for boiler lancing
or soot blowing.

B. Warning Stage

1. The following emission reduction plan shall be
instituted in any region that the warning level has been
reached.

a. There shall be no open burning by any persons
of tree waste, vegetation, refuse, or debris in any
for.

b. The use of incinerators for the disposal of any
form of solid waste or liquid waste shall be prohibited.

c. Persons operating fuel-burning equipment which
requires boiler lancing or soot blowing shall perform
such operations only between the hours of 12 noon and
4 p.m.

d. Persons operating motor vehicles must reduce
operations by the use of car pools and increased use
of public transportation and elimination of unnecessary
operation.

2. Any person responsible for the operation of a source
of air pollutants listed below shall take all required
control actions for this Warning Level.

251

Source of Air Pollution Control Action

a. Coal or oil-fired electric i. Maximum reduction by
Power generating facilities. utilization of fuels
having lowest ash and
sulfur content.
i-I. Maximum utilization of
mid-day (12 noon to 4
p.m.) atmospheric tur-
bulence for boiler
lancing and soot blow-
i ng.
iii. Maximum reduction by
diverting electric
power generation to
facilities outside of
Warning Area.
b. Oil and oil-fired process 1. Maximum reduction by
steam generating facilities. utilization of fuels
having the lowest avail-
able ash and sulfur con-
tent.
11. Maxiinun utilization of
mid-day (12 noon to
4 p.m.) atmospheric
turbulence for boiler
lancing and soot blow-
i ng.
iii. Making ready for use a
plan of action to be
taken if an emergency
develops.
c. Manufacturing industries i. Maximum reduction of
which require considerable air contaminants from
lead time for shut-down manufacturing operations
including the following by, if necessary, assu-
classifications. ining reasonable economic
hardships by postponing
Petroleum Refining production and allied
Primary Metals Industries operation.
Glass Industries
Paper & Allied Products
Chemical Industries

252

Ui. Maximum reduction by0
deferring trade waste
disposal operations
which emit solid parti-
cles, gases, vapors or
malodorous substances.
ii. maximum reduction of
heat load demands for
processing.
liii. Maximum utilization of
mid-day (12 noon to 4
P.m.) atmospheric
turbulence for boiler
lancing or soot blowing.
d. Manufacturing industries i. Elimination of air poll-
require relatively short utants from manufactu-
lead times for shut-down ring operations by
including the following ceasing, curtailing,
classifications. Postponing or deferring
Primary Metals Industries production and allied
Chemical Industries operations to the ex-
Mineral Processing Industries tent possible without
Grain Industry causing injury to per-
sons or damage to equip-
ment.
ii. Elimination of air
pollutants from trade
waste disposal processes
which emit solid parti-
cles, gases, vapors,
or malodorous substances.
iii. Maximum reduction of
heat load demands for
processing.
iiii. Maximum utilization of
mid-day (12 noon to 4
p.m.) atmospheric
turbulence for boiler
lancing or soot blowing.

253

C. Emergency Stage

1. The following emission reduction plan shall be
instituted in any region that the emergency level has
been reached.

a. There shall be no open burning by any persons
of tree waste, vegetation, refuse, or debris in any
form.

b. The use of incinerators for the disposal of
any form of solid waste or liquid waste shall be
prohibited.

2. All places of employment described below shall
immediately cease operations causing emissions of air
contaminants.

a. Mining and quarrying of nonmetallic minerals.

b. All construction work except that which imust
proceed to avoid emergent physical harm.
C. All manufacturing establishments except those
required to have in force an air pollution emergency
pl an.

d. All wholesale trade establishments; i.e.,
places of business primarily engaged in selling
merchandise to retailers, or industrial , commercial,
institutional or professional users, or to other
wholesalers, or acting as agents in buying merchandise
for or selling merchandise to such persons or companies,
except those engaged in the distribution of drugs,
surgical supplies and food.
e. All offices of local, county and State
government including authorities, joint meetings, and
other public bodies excepting such agencies which are
determined by the chief administrative officer of
local, county, or state government, authorities,
joint meetings and other public bodies to be vital
for public safety and welfare and the enforcement
of the provisions of this order.

f. All retail trade establishments except
pharmacies, surgical supply distributors, and stores
primarily engaged in the sale of food.

254

9. Banks, credit agencies other than banks,
securities and commodity brokers, dealers, exchanges
and services; offices of insurance carriers, agents
brokers, real estate offices.

h. Wholesale and retail laundries, laundry services
and cleaning and dyeing establishments, photographic
studios; beauty shops, barber shops, shoe repair shops.

1. Advertising offices, consumer credit reporting,
adjustment collection agencies, duplicating, addressing,
blueprinting, photocopying, mailing, mailing list and
stenographic services, equipment rental services,
commercial testing laboratories.

i. Automobile repair, automobile services, garages.

k. Establishment rendering amusement and recreatio-
nal services including motion picture theaters.

1. Elementary and secondary schools, colleges,
universities, professional schools, Junior colleges,
vocational schools, and public and private libraries.

3. All commercial and manufacturing establishments not
included in this order will institute such actions as will
result in maximum reduction of air pollutants from their
operation by ceasing, curtailing, or postponing operations
which emit air pollutants to the extent possible without
causing injury to persons or damage to equipment.

4. The use of motor vehicles is prohibited except in
emergencies with the approval of local or State police.

5. Any person responsible for the operation of a source
of air pollutants listed below shall take all required control
actions for this Emergency Level.
Source of Air Pollution Control Action

a. Coal or oil-fired electric i. Maximum reduction by
power generating facilities. utilization of fuels
having lowest ash and
sulfur content.

Ui. Maximum utilization of
mid-day (12 noon to 4
p.m.) atmospheric tur-
bulence for boiler
lancing or soot blowing.

255

iii. Maximum reduction by
diverting electric
power generation to
facilities outside of
Emergency Area.
b. Coal and oil-fired process i. Maximum reduction by
steam generating facilities. reducing heat and steam
demands to absolute
necessities consistent
with preventing equip-
ment damage.

ii. Maximum utilization of
mid-day (12 noon to 4
p.m.) atmospheric tur-
bulence for boiler
lancing and soot blow-
ing.

iii. Taking the action call-
ed for in the emergency
plan.
c. Manufacturing industries of i. Elimination of air
the following classifications. pollutants from manu-
Primary Metals Industries facturing operations
Petroleum Refining by ceasing, curtailing,
Chemical Industries postponing or deferring
Mineral Processing Industries production and allied
Grain Industry operations to the ex-
Paper and Allied Products tent possible without
causing injury or
damage to equipment.
ii. Elimination of air
pollutants from trade
waste disposal pro-
cesses which emit
solid particles, gases,
vapors or malodorous
substances.
iii. Maximum reduction of
heat load demands for
processing.
iiii. Maximum utilization
of mid-day (12 noon
to 4 p.m.) atmospheric
turbulence for boiler
lancing or soot blowing.

256

6. In addtion as a condition to their license, each
source emitting more than 100 tons per year of any pollutant
shall submit an acceptable contingency plan specific for its
operation.

4. Notification of Malfunction or Breakdown

Any person operating equipment that is permitted to operate during
an emergency episode, that malfunctions or breaksdown causing any
emission standard, regulation or standby emergency episode plan to be
violated, shall notify the Environmental Improvement Commission within
4 hours by telephone.

5. Additional Orders

In addition to the emission reduction and source curtailments re-
quired above, the Commission may, pursuant to 38 M.R.S.A., Section 593,
issue such additional emergency orders as it deems necessary.

BASIS STATEMENT: The basis of the regulation is to
protect public health by taking special emission
reducing measures to limit the severity of ambient
air pollution episodes.

AUTHORITY: 38 M.R.S.A., Section 347

EFFECTIVE DATE: January 31, 1972

257

06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter 110 AMBIENT AIR QUALITY STANDARDS

SUMMARY: This regulation establishes ambient air
quality standards that are maximum levels of a part-
icular pollutant that is permitted in the ambient air.
This regulation also establishes ambien increments
which define the maximum ambient of increase of a
particular pollutant that can be permitted for a
given area depending on the classification of that
area depending on the classification of that area.
Area classification is dealt with in another regula-
tion.

1. Scope

A. These standards are applicable in all ambient air quality
control regions of the State of Maine.

B. All ambient air quality standards are expressed at 25
degrees centigrads and 760 millimeters of mercury pressur.

2. Particulate Matter Ambient Air Quality Standard

A. The maximum 24 hour particulate matter concentration at any
location shall not exceed 150 micrograms per cubic meter.

B. The annual geometric mean of the 24 hour particulate matter
concentrations at any location shall not exceed 60 micrograms per cubic
meter.

3. Sulfur Dioxide Ambient Air Quality Standards

A. The maximum 3 hour average sulfur dioxide concentration
at any location shall not exceed 1150 micrograms per cubic meter.

B. The maximum 24 hour average sulfur dioxide concentration
at any location shall not exceed 230 micrograms per cubic meter.

C. The annual arithmetic mean of the 24 hour average sulfur
dioxide concentrations at any location shall not exceed 57 micrograms
per cubic meter.

4. Carbon Monoxide Ambient Air Quality Standards

A. The maximum carbon monoxide concentration for anv P hour
period at any location shall be 10 milligrams per cubic meter, which
san ar majybe exceeded once per year.

258

B. The maximum carbon monoxide concentration for any I hour
period at any location shall be 40 milligrams per cubic meter, which
standard may be exceeded once per year.
5. Photochemical Oxidant Ambient Air Quality Standard

A. The maximum photochemical oxidant concentration for any
I hour period at any location shall be 160 micrograms per cubic meter,
which standard may be exceeded once per year.

6. Hydrocarbon AmbientAir Quality Standard

A. The maximum hydrocarbon concentration for any 3 hour period
at any location shall be 160 micrograms per cubic meter, which standard
may be exceeded once per year.

7. Nitrogen Dioxide Ambient Air Quality Standard

A. The annual arithmetic mean of the 24 hour average nitrogen
dioxide concentration at any location shall not exceed 100 micrograms
per cubic meter.

3. Reserved

9. Reserved

10. Establishment of Ambient Increments

A. In addition to the ambient air quality standards adopted
by the Board and enacted as 38 M.R.S.A. 584-A, any Class I Region or
part thereof within the State (including those federal lands designated
by the Clean Air Act Amendments of 1977 shall be subject to a maximum
allowable increase in concentration of sulfur dioxide and particulate
matter over the baseline concentration of such pollutant, which increase
shall not be exceeded more than once annually.

Such maximum allowable increase shall consist of:
1. Particulate Matter.

a. An increase in the annual geometric mean at
any location shall not exceed 5 micrograms per cubic
meter.

b. An increase in concentration for an 24-hour
period at any location shall not exceed 10 micrograms
per cubic meter.

2. Sulfur Dioxide

a. An increase in the annual arithmetic mean at
any location shall not exceed 2micrograms per cubic
meter.

259

b. An increase in concentration for any 24-hour
period at any location shall not exceed 5 micro-
grams per cubic meter.

c. An increase in concentration for any three-hour
period at any location shall not exceed 25 micrograms
per cubic meter.

B. In addition to the ambient air quality standards adopted
by the Board and enacted as 38 M.R.S.A. 584-A, any Class II region or
part thereof within the State shall be subject to a maximum allowable
increase in concentration of particulate matter and sulfur dioxide over
the baseline concentration of such pollutant, which increase shall not
be exceeded more than once annually. Such masimum allowable increase
shall consist of:

1. Particulate Matter.

a. An increase in the annual geometric mean at any
location shall not exceed 19 micrograms per cubic
meter.

b. An increase in concentration for any 24-hour
period at any location shall not exceed 37 micrograms
per cubic meter.

2. Sulfur dioxide.

a. An increase in the annual arithmetic mean at
any location shall not exceed 20 micrograms per
cubic meter.

b. An increase in concentration for any 24-hour
period at any location shall not exceed 91 micrograms
per cubic meter.

c. An increase in concentration for any three-
hour period at any location shall not exceed 512
micrograms per cubic meter.

C. In addition to the ambient air quality standards adopted by
the Board and enacted as 38 M.R.S.A. 584-A, any Class III Region or part
thereof within the State shall be subject to a maximum allowable increase
in concentration of particulate matter and sulfur dioxide over the base-
line concentration of such pollutant, which increase shall not be ex-
ceeded more than once annually. Such maximum allowable increase shall
consist of:

1. Particulate Matter.

a. An increase in the annual geometric mean at

260

any location shall not exceed 37 micrograms per
cubic meter.

b. An increase in concentration for any 24-hour
period at any location shall not exceed 75 micro-
grams per cubic meter.

2. Sulfur dioxide.

a. An increase in the annual arithmetic mean at
any location shall not exceed 40 micrograms per
cubic meter.
b. An increase in concentration for any 24-hour
period at any location shall not exceed 182 micro-
grams per cubic meter.

c. An increase in concentration for any three-
hour period at any location shall not exceed 700
micrograms per cubic meter.

I1. Exclusions From The Increment

A. Concentrations of such pollutant attributable to the
increase in emissions from stationary sources which have converted from the
use of petroleum products, or natural gas, or both, by reason of an order
which is in effect under the provisions of sections 2 (a) and (b) of the
Federal Energy Supply and Environmental Coordination Act of 1974 over the
emissions from such sources before the effective date of such order;

B. Concentrations of particulate matter attributable to the
increase in emissions from construction or other temporary emission-
related activities; and

C. The increase in concentrations attributable to new sources
outside the United States over the concentrations attributable to existing
sources which are included in the baseline concentration.

These regulations shall be effective upon filing with the Office of
the Secretary of State and shall supersede all previous regulations
on this subject.

After public hearings on February 26, 27, 28, March 1, 2, and 3
the above regulation is adopted this 28th day of March 1979.

261

BASIS STATEMENT: This regulation reflects those ambient air quality
standards that the Board has determined are necessary to control
air pollution. The Board examined the existing quality of the
ambient air, the uses of land, the effectiveness of control and the
federal standard for the same pollutant. These standards are set to
preserve and enhance Maine's air quality.
AUTHORITY: 38 MRSA, Section 584

EFFECTIVE DATE: October 22, 1971

262

06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter III PETROLEUM LIQUID STORAGE VAPOR CONTROL

SUMMARY: This regulation requires all owners of
fixed roof storage tanks, storing gasoline, crude
oil or any petroleum liquid whose vapor presure
is greater than 10.5 kilo pascals to install floating
roofs to reduce the hydrocarbon vapors lost to the
atmosphere.

1. Scope

A. This section shall be applicable in the Metropolitan Port-
land, Portland Peninsula, Central Maine Air Quality Control Regions
of the State of Maine.

B. The section shall apply to all fixed roof storage vessels
with capacities greater than 150,000 liters (39,000 gallons) containing
volvtile petroleum liquids whose true vapor pressure is greater than
10.5 kilo Pascals (1.52 psia).

2. Prohibition

No owner or operator of a fixed roof storage vessel shall permit
the use of such vessels unless:

A. The vessels have been retrofitted with an internal floating
roof equipped with a closure sea], or seals, to close the spece between
the roof edge and tank wall; or
the vessels have been retrofitted with equally effective alternative
control, approved by the Commissioner and,

B. the vessel maintained such that there are no visible holes,
tears, of other opening s in the seal of any seal fabric or materials; and,

C. all openings, except stub drains are equipped with covers,
lids, or seals such that;

1. the cover, lid, or seal is in the closed position
at all times except when in actual use; and,

2. automatic bleeder vents are closed at all times
except when the roof is floated off or landed on the roof leg
supports; and,

3. rim vents, if provided, are set to open when the roof
is being floated off the roof leg supports or at the manufacturer's
recommended setting; and,

,263

D. routine inspections are conducted through roof hatches
once every six (6) months,

E. A complete inspection of cover and seal is conducted
whenever the tank is emptied for nonoperational reasons or once per year.

3. Emission Testing

The determination of compliance under this section shall be
made by visual inspection of the floating cover through the roof hatches
by Department staff or other qualified representatives of the Department.
The source shall be found in compliance if:

A. The seal is intact and uniformly in place around the cir-
cumference of the cover between the cover and tank well, and

B. the cover is uniformly floating on or above the liquid and
there are no visible defects in the surface of the cover or liquid
accumulated on the cover; and

C. all records are being properly maintained.

4. Compliance Schedule

The owner or operator of a fixed roof petroleum storage vessel
covered under the scope of this section proposing to install a floating
roof or other acceptable volatile organic compound emission control
equipment shall adhere to the increments of progress contained in the
following schedule and shall report to the Department within 15 days
of the prescribed deadline the status of compliance with the increment
of progress:

A. final plans for the floating roof, other necessary mod-
ifications or other acdeptable volatile organic compound emission control
equipment, shall be submitted before November 1, 1979.

S. Contracts for installation of the floating roof, other
modifications other acceptable volatile organic compound emission control
equipment or purchase orders for component parts must be issued before
March 1, 1980.

C. Initiation of on site construction or installing of accept-
able volatile organic compound emission control equipment must begin
before Jyly 1, 19080.

D. Final compliance shall be achieved before July 1, 19081.

264

5. Records

The owner or operator of a fixed roof storage vessel covered
under the scope of this section shall assure the following records
are maintained and made available to the Department:

A. Reports of the results of inspections conducted under
paragraphs and of this section;

B. a record of the monthly throughput quantities and types
of volatile petroleum liquids for each storage vessel.

These regulations shall be effective upon filing with the Office
of the Secretary of State and shall supersede all previous regulation on
this subject.

After public hearings on February 26, 27, 28, March 1, 2, and 3
the above regulation is adopted this 28th day of March 1979.

BASIS STATEMENT: Gasoline is a hydrocarbon vapor that aids the
formation of ozone in the atmosphere. It is necessary to control
such hydrocarbon vapors present in the atmosphere because Maine
is violating the federal ozone ambient air quality standard. This
regulation controls the maximum amount of gasoline emissions so
to reduce the ozone formed.

AUTHORITY: 38 MRSA, Section 585, 585-A

EFFECTIVE DATE: ~

265

06-096 ~~DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter 112 PETROLEUM LIQUIDS TRANSFER VAPOR RECOVERY

SUMMARY: This regulation requires bulk gasoline
terminals loading tank trucks or trailers and who
pump more than 20,000 gallons of gasoline per day
to install a vapor control system. This system
must control lost gasoline vapors so that not more
than 80 milligrams of vapor escapes for each liter
of gasoline transferred.

1. Scope

A. This section shall be applicable in the Metropolitan
Portland, Portland Peninsula, Central Maine Air Quality Control Regions
of the State of Maine.

B. This section shall apply to all bulk gasoline terminals
in existance prior to December 31, 1978 and having a daily throughput
20,000 gallons and the appurtenant equipment necessary to load tank,
truck or trailer compartment.

2. Prohibition

No owner or operators of any bulk gasoline terminal may load
gasoline into any tank trucks or trailer unless:

A. The bulk gasoline terminal is equipped to vent all dis-
placed vapors and gases only to a vapor control system, properly in-
stalled, in good working order, in operation and consisting of one of the
following:

1. an absorber or condensation system which processes and
recovers vapors and gases from the equipment being controlled; or,
2. a vapor collection system which directs all vapors
to a fuel gas system; or

3. any other control system approved by the Commissioner.

B. A means is provided to prevent liquid drainage from the
loading device when it is not in use or to accomplish complete drainage
before the loading device is disconnected; and

C. all loading and vapor lines are equipped with fittings
which make vapor-tight connections and which close automatically when
disconnected; and,

266

D. the pressure in the vapor collection system is not allowed
to exceed the tank truck or trailer pressure relief settins.

E. Tank truck or trailer hatches are closed and there are no
leaks at hatch covers or pressure relief valves. Tank trucks or trailers
must be 90 percent vapor tight.

3. Emission Standard

No owner or operator of any bulk gasoline terminal shall allow
the mass emissions of volatile organic compounds from such terminal
to exceed 80 milligrams per liter (4.7 grains per gallon) of gasoline
transferred.

4. Compliance Schedule

The owner or operator of a bulk gasoline terminal covered under
the scope of this section proposing to install a vapor recovery system
or other acceptable volatile organic compound emission control equipment
shall adhere to the increments of progress contained in the following
schedule and shall report to the Department within 15 days of the pre-
scribed deadline the status of compliance with the increment of progress:

A. Final plans for the acceptable volatile organic compound
emission control equipment, shall be submitted before November 1, 1979.

B. Contracts for installation of the acceptable volatile
organic compound emission control equipment and/or purchase orders for
component parts must be issued before March 1, 1980.

C. Initiation of on site construction or installing of accep-
table volatile organic ompound emission control equipment must begin
before July 1, 1980.

D. Final compliance shall be achieved before July 1, 1981.

5. Reports

The owner or operator of any bulk gasoline terminal shall submit
a report to the Department certifying that each increment of progress
has been met.

6. Emission Testing

Compliance with this standard shall be determined by methods
promulgated in EPA-450/2-78-041 "Measurement of Volatile Organic Comn-
pounds," or other methods approved by the Commissioner.

267

These regulations shall be effective upon filing with the Office
of the Secretary of State and shall supersede all previous regulations
on this subject.

After public hearings on February 26, 27, 28, March 1, 2, and 3
the above regulation is adopted this 28th day of March 1979.

BASIS STATEMENT: Gasoline is a hydrocarbon vapor that aids the
formation of ozone in the atmosphere. It is necessary to control
such hydrocarbon vapors present in the atmosphere, because Maine
is violating the federal ozone ambient air quality standard. This
regulation controls the maximum amount of gasoline emission so to
reduce the ozone formed.

AUTHORITY: 38 MRSA, Section 585, 585-A

EFFECTIVE DATE: !~ l~

268

06-096 DEPARTMILNT OF ENVIRONMENTAL PROTECTION I

Chapter 113 GROWTH OFFSET REGULATION

SUMMARY: This regulation defines how ambient
air quality standards will be maintained and how
additional emissions will be permitted in areas
where standards are being violated or the increment
has been consumed. In such areas new sources of
emissions will be required to obtain offsets.
Generally, this is done by finding other emissions
within the area that will be reduced or whose impact
will be reduced to the previous level.

1. Scope

This regulation applies to:

A. All new major emitting sources of particulate matter
proposed for the municipalities of Bangor, Brewer, Augusta, Thomaston
and Baileyville or any proposed major emitting source that will signi-
ficantly affect the particulate air quality levels in any of those
municipalities that make application for an air emission license after
January 1, 1979.

B. All new major emitting sources of sulfur dioxide proposed
for the municipality of Millinocket or any proposed major emitting
source that will significantly affect the sulfur dioxide levels in that
municipality that make application for an air emission license after
January 1, 1979.

C. All new major emitting sources of carbon monoxide located in or
significantly affecting the designated nonattainment areas for carbon
monoxide in Bangor or Lewiston.

D. Any new major emitting source of any pollutant for which
there is an ambient air quality standard and which emission takes place
in an area where the PSD increment has been depleted, or which affects
such an area.

E. Any new major emitting source that proposes to locate in
or so as to significantly imnact any other nonattainment area, for
whicn there is an iip'lenenta:ion Plan revision in effect.

269

F. All new major emitting sources of volatile organic
compounds in the Metropolitan Portland and Central Maine Air Quality
Control Regions.

2. Prohibition

A. Except as provided i,, subsections (B) or (C) of this
section any source covered under the scope of this regulation must, prior to
obtaining an air emission license, obtain an emission reduction (offset)
from existing sources whose emissions of the same pollutant affects the
same area as the proposed source. The required offset shall provide that
by the time the source is to commence operation, the total allowable
emissions from the proposed source, from existing emissions sources and
from new or modified sources which are not major sources, will be
sufficiently less than existing allowable emissions so as to represent
Reasonable Further Progress. Reasonable Further Progress
means planned annual incremental reductions in emissions of the appli-
cable air contaminant which are sufficient. to provide for attainment of the
applicable ambient air quality standard as expeditiously as practicable,
but not after the attainment date required by the Federal Clean Air Act.

B. However, sources which can demonstrate by onsite monitoring
data that they will be located in an area where ambient air quality
standards are not being violated (i.e. clean portions of designated
nonattainment areas) shall only be required to provide offsets as follows:

1. A source whose allowable emissions would not cause,
or significantly contribute to, a violation of an ambient
air quality standard requires no offset;

2. A source whose allowable emissions would otherwise
cause a new violation of an ambient air quality standard shall
obtain an air quality impact reduction (offset) sufficient to
prevent the violation;

3. A source whose allowable emissions would otherwise
significantly contribute to an existing violation of an ambient
air quality standard shall obtain an air quality impact reduction
(offset) sufficient to assure reasonable further progress toward
attainment of the standard; and

4. A source whose allowable emissions would otherwise
s'gnif cantiy contribute to an existing violation of an ambient air
quality stancard in an area for which there is no approved attain-
ment pian snail obta-n an air quality impact reduction (offset)
sufflicenit t prevent the violation.

C. Any proposed air contailinan, sources included in the scope
'f this regulation and e:nitting Volat le Organic Compounds must, prior
t. obtaining at, air emission i en.:se, obtain an emission reduction
ffse:j uf equivallent e?:issions frow: any up-wind sources within 200 miles.

270

(l'ductt. itln in ril. r' cri cr'1,i , .l', jail T ,,y IaF , Iaa dd(r to (JCffet
Vulatile OrydniL CaiInJp(aund eo iiuris. Up-wi nd .uurces are those south
and west of the proposed source, or as approved by the Board on a
case-by-case basis.

D. Any offset obtained under this section must be legally
enforceable prior to the issuance of any air emission license and in
effect by the time of start up of the proposed source.

E. No offset credit will be allowed for any emission
reduction or air quality improvement gained by achieving compliance with
existing regulations or new implementation plan provisions.

3. Exemptions

A. A source subject to this regulation may be wholly or
partially exempted by the Board in cases where the source must switch
fuels due to the lack of adequate fuel supplies or where the source is
required by governmental regulations to install additional process
equipment that causes additional emissions. This exemption may be
granted only if (a) the source demonstrates that it made its best efforts
to obtain sufficient offsets to comply with this regulation and that
such efforts were unsuccessful or the source has secured all available
offsets and (b) the source will continue to seek the necessary offset
and obtain it when it becomes available.

4. Banking

A. The base time for determining the offset is January 1, 1979.
Any emission reductions or air quality impacts that are collected or
occur after this date may be retained by the Department and be available
for use as offsets for future growth. Any banked offset established by
means of voluntary emission reductions beyond that level required by the
applicable emission standards will be retained by the Department for a
period of two years for the sole use of that source. If not used in
this period any further reservation of the banked offset is subject
to determination by the Board. Any use of banked offsets requires
specific consultation by the Department with municipal, county and
other regional officials and must be consistant with land use and
development plans in that area. A public hearing must be held on the
use of a banked offset if a legitimate request is received.

Tnese regulations shall oe effecsive upor! filing with the Office
of the Secretary of State and shali supersede regulations ,n t-hs
subject adop e d Narch 28, i979.

271

After public hearings on February 26, 27, 28, March i, 2, and 3;
and August 21, 22, 23, 24, and 27 the above regulation is adopted
this 12 Th day uf December 1979.

BASIS STATEMENT: The basis of this regulation is to control the
additional air pollution in areas that are at or violating the
allowed air pollution levels so that the ambient air quality
standards are maintained and where those standards are violated
there is orderly and timely progress toward attai,.ng and
maintaining the standard.

AUTHORITY: 38 MRSA, Section 343, 585-A

EFFECTIVE DATE: May 7, 1979
Amended JAN 1 6 1980

272

06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter 114 CLASSIFICATION OF AIR QUALITY CONTROL REGIONS

SUMMARY: This regulation determines those areas
that have been officially found to be exceeding
the ambient air quality standards and are therefore
nonattainment areas. It also designates which class
of increment that will apply in each area.

1. For Prevention of Significant Deterioration Purposes the Board
Hereby Classifies Air Quality Control Regions as Follows:

A. The Metropolitan Portland Air Quality Region, Portland
Peninsula Air Quality Region, Central Maine Air Quality Region, Downeast
Air Quality Region, the Aroostook Air Quality Control Region, and North-
west Maine Air Quality Region shall be Class II Regions.

B. The Department shall have the authority to designate certain
Regions or portions thereof as a non-attainment area according to the
criterial and procedures set forth in the Federal Clean Air Act, as
amended.

C. The Board hereby recognizes the classification and regu-
latory requirements of those federal lands which have been established
as mandatory Class I areas by the Federal Clean Air Act: Acadia National
Park located in the Downeast Air Quality Region; Moosehorn National Wild-
life Refuge located in the Downeast Air Quality Region; and the Roosevelt
Campobello International Park located in New Brunswick, Canada.

D. Lands within the exterior boundaries of reservations of
federally recognized Indian tribes may be redesignated only by the
appropriate Indian governing body under the terms and procedures set
forth in the Clean Air Act, 42 U.S.C.A. � 7474(e).

E. Prior to the proposal of any redesignation the Board shall
hold a public hearing which shall be conducted in the area proposed to
be redesignated. Prior to the public hearing a report shall be made
available with a description and analysis of health, environmental,
economic, social and energy impacts of the proposed redesignation.
Should the area proposed for redesignation include or be deemed to effect
federally owned lands, the Board shall consult with the appropriate
federal land manager prior to such redesignation.

273

2. The Board classifies the following areas as non-attainment areas:

A. For Total Suspended Particulates

1. The municipality of Augusta

2. The municipality of Thomaston
3. The municipalities of Bangor and Brewer

4. The municipality of Baileyville

B. For Sulfur Dioxide

1. The municipality of Millinocket

C. For Carbon Monoxide
1. In the municipality of Lewiston the area bounded by
and including Maine Street, Park Street, Willow Street
and Canal Street.
2. In the municipality of Bangor the area bounded by
and including Kenduskeag Stream, Franklin Street, Columbia
Street, and Water Street.

0. For Ozone (photochemical oxidants)
1. All of the Metropolitan Portland, Portland Peninsula,
Central Maine Air Quality Control Regions.
These regulations shall be effective upon filing with the Office
of the Secretary of State and shall supersede all previous regulations on
this subject.
After public hearings on February 26, 27, 28, March 1, 2, and 3
the above regulation is adopted this 28th day of March 1979.

BASIS STATEMENT: The basis of this regulation is to formally
indicate where nonattainment areas are because air polluting
sources located in them must take additional measures to reduce
their emissions. This regulation also indicates where the
different classes of increments apply in order to comply with
federal PSO permitting requirements. Since it is possible to
designate and dedesignate the classification of areas, a means
is necessary to inform the interested where the different
classifications apply.

274

g
AUTHORITY: 38 MRSA, Sections 583, 585-A

EFFECTIVE DATE: " ;

~275
275

06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter 130 FEE SCHEDULE - BUREAU OF AIR QUALITY CONTROL

SUMMARY: This regulation states the method of
determination of those fees that an applicant
must pay prior to obtaining an air emission license.
Fees are calculated on an annual basis and payable
for the duration of the license.

1. Air Emissions - MRSA, Title 38, Section 390

A. Fuel Burning Sources

1. A fossil fuel burning source with a rated capacity
of 25,000,000 BTU or less shall be subject to an annual license
fee of $25.00.

2. A fossil fuel burning source with a rated capacity
of more than 25,000,000 BTU shall be subject to an annual fee
according to the following formula:

Annual Fee = rated capacity of equipment in BTU X $500.00
500,000,000 BTU

B. Incinerators

1. An incinerator with a rated capacity of five (5) tons
or less shall be subject to an annual license fee of $25.00.

2. An incinerator with a rated capacity of more than
five (5) tons shall be subject to an annual license fee according
to the following formula:

Annual Fee = rated capacity in tons
100 tons X $500.00

C. General Process Particulate Sources

1. An industrial process of 50,000 pounds per hour
or less shall be subject to annual license fee of $25.00.

2. An industrial process of more than 50,000 pounds
per hour shall be subject to an annual license fee according to
the following formula:

276

Annual Fee== pounds Der hour X $500.00
1,000,000 pounds per hour
D. A Source classified as a lesser source shall be subject
to a fee of $25.00 for the five year license period.

E. Petroleum Storage Facilities

1. Storage vessels with capacities less than 60,000
gallons requiring an air emission license shall be subject to
an annual license fee of $25.00.

2. Storage vessels with capacities of 60,000 gallons
or more and requiring an air emission license shall be subject
to an annual license fee according to the following formula:
Annual Fee = capacity (qallons) X $500.00
300,000 gallons

F. Bulk Gasoline Terminals

1. Bulk gasoline terminals with daily throughputs less
than 40,000 gallons and requiring an air emission license shall be
subject to an annual license fee of $25.00.

2. Bulk Gasoline Terminals with a daily throughput of
40,000 gallons or more shall be subject to an annual license fee
according to the following formula:

Annual Fee = daily throughput (gallons)
100,000 gallons X $500.00

2. Maximum Fee - No fee assessed under these regulations shall exceed
$500 per year.

3. Payment Due
A. All fees for licenses shall be paid in advance for the
period of the license and is due on the anniversary date of that license.

B. The failure to remit the proper fee prior to the due date
will require the licensee to pay the fee due plus a $25.00 reinstatement
fee.

4. Exemptions

A. Municipalities

B. Quasi-municipal corporations

C. Private educational institutions formally recognized by the

277

Department of Education and Cultural Services.

D. Non-profit health institutions licensed by the Department
of Health and Welfare.

E. Public educational institutions.

F. State Agencies.

These regulations shall be effective upon filing with the Office
of the Secretary of State and shall supersede all previous regulations
on this subject.

After public hearings on February 26, 27, 28, March 1, 2, and 3
the above regulation is adopted this 28th day of March 1979.

BASIS STATEMENT: The basis of this regulation is to ensure that the
licensee pays a fee that reflects what it costs to process his
application and to ensure compliance.

AUTHORITY: 38 MRSA, Section 343

EFFECTIVE DATE: October 3, 1974
Amended May 20, 1977
Amended Mp~y o 7 1979,

278

SOLID WASTE MANAGEMENT

MAINE REVISED STATUTES ANNOTATED
Title 38, Chapter 13,
�� 1301-1319-A

Maine Revised Statutes
� 1301. Short title Annotated, Title 38
This chapter shall be known and may be cited as the "JMaine Iaz7arlonus Chapter 13,%�1301-1319-A
Waste, Septage and Solid Waste Management Act. Solid Waste Management

� 1302. Declaration of policy
The Legislature declares it to be the policy of the State of Maine consistent
with its reponsibility to protect the health, safety and welfare of its citizens,
enhance and maintain the quality of the environment, conserve natural re-
sources and prevent water, air and land pollution, that it shall encourage haz-
ardous waste, septage and solid waste programs, public or private, which will
reduce the volume of hazardous waste, septage and solid waste production,
improve efforts to reuse and recover valuable resources currently being wast-
ed and which will not adversely affect the public health, .nfety nnd welfare
of the citizens nor degrade the environment.
The Legislature also finds and declares that economic, efficient and envi-
ronmentally sound method of waste disposal is of the highest priority. MLu-
nicipalities and other persons are generating increasing amounts of hazardous
waste, septage and solid waste with no systematic or consistent methods being
used to reduce the volume of waste or to soundly dispose of it. Failure to
plan properly for future hazardous waste, septage and solid waste may fur-
ther deplete already taxed natur:al resource� and aggravate environmental and
public health problems resulting from present inadequate practices of re-
source recovery and conservation waste storage and management, transporta-
tion, treatment and disposal.

� 1303. Definitions
The following words when used in this chapter shall have
the following meanings unless the context in which they are
used clearly shows a different meaning.
1. Board. "Board" means the Board of Environmental
Protection.
-A. Conveyances. "Conveyances" means any aircraft,
watercraft, vehicles or other machines used for transportation
on land, water or in the air.
2. Department. "Department" means the Department of Environmentalni
Protection.
3. Disposal. "Disposal" means the discharge, deposit, injection, dunmpilg,
spilling, leaking or placing of any hazardous or solid waste, sludge or septage
into or on any land or water so that the hazardous or solid wNa.to, sltludge or
septage or any constituent thereof mnay enter the environnmeat or be emitted
into the air, or discharged into any waters, inclcluing ground waters.
4. Generation. "Generation" means the act or process of producing haz-
ardous or solid waste, sludge or septage.
4-A. Handle. "Handle"means to store, transfer, collect,
separate, salvage, process, reduce, recover, incinerate,
treat or dispose of.
5. Hazardous waste. "Hazardous waste" means a waste
substance or material, in any physical state, designated as
hazardous by the board under section 1303-A. It does not
include waste resulting from normal household or agricultur-
al activities. The fact that a hazardous waste or a part or
constituent may have value or other use of may be sold or
exchanged does not exclude it from this definition.
6. Manifest. "Manifest" means the form used for identifying the quan:tity,
composition and the origin, routing and destination of hazalrdouls waste ullring
its transport.
7. Resource conservation. "Resource conservation" means
the reduction of the amounts of solid waste which are genera-
ted, the reduction of overall resource consumption'and the
utilization of recovered resources.
8. Resource recovery. "Resource recovery" means the
recovery of materials or substances that still have useful phy-
279

sical or chemical properties after serving a specific purpose 1303
and can be reused or recycled for the same or other purposes,
9. Septage. "Septage" means waste, refuse effluent, sludge andl ally other
materials from septic tanks, cesspools or any other similar facilities.
10. Solid waste. "Solid waste" means useless, unwanted or discarded solid
material with insufficient liquid content to be free flowing, inclidring by way
of example, and not by limitation, rubbish, garbage, scrap materials, junk,
refuse, inert fill material and landscape refuse, but shall not include septic
tank sludge or agricultural wastes.
iI. Storage. "Storage" means the containment of hazardous wastes, either
on a temporary basis or for a period of years, in such a maniner as not to
constitute disposal of the hazardous wastes.
12. Transport. "Transport" means the movement of haz-
ardous or solid waste, sludge or septage from the point of
generation t6 any intermediate points and finally to the point
of ultimate storage or disposal. Movement of hazardous
waste within a licensed waste facility is not "transport."
13. Treatment. "Treatment" means any process designed to ebllange the
character or composition of any hazardous waste so as to render the waste
~IPS hazardous.
14. Waste facility. 'Waste facility" means any land area,
structure, location, equipment or combination of them, in-
cluding dumps, used for handling hazardous or solid waste,
sludge or septage. A land area or structure shall not become
a waste facility solely because:
A. It is used by its owner for disposing of septage from
his residence; or
B. It is used to store hazardous wastes generated on the
same premises for less than 3 months,
15. Waste management. 'Waste rnaragement" means
purposeful, systematic and unified control of the handling
and transporting of hazardous or solid waste, sludge or sep-
:tage .

� 1303-A Hazardous Waste; Handling and Transporting

1. Identification of hazardous wastes.

A. The board may adopt rules identifying hazardous
wastes. These rules may identify any substance as a
hazardous waste if that substance is identified as
hazardous by a particular substance, by character-
istics, by chemical class or as waste products of
specific industrial activities in proposed or final rules
of the UnitedStates Environmental Protection Agency.

B. The board may identify other substances as hazard-
ous wastes under the following conditions;
(1) The substance exhibits hazardous characteristics
included in proposed or final United States Environ-
mental Protection Agency rules; and
(2) The substance is identified by a particular sub-
stance, by chemical class or as waste products of
specific industrial activities.

C. Rules identifying hazardous wastes under para-
graph B shall be submitted to the Joint Standing
Committee on Energy and Natural Resources for
280

review. These rules shall remain in effect until 90 � 1303-A
days after the adjournment of the next regular
session of the Legislature, unless these rules are
approved by Joint Resolution.

2. Handling of hazardous wastes. The board may adopt
rules relating to the handling of hazardous wastes, in-
cluding;

A. Containerization and labeling of hazardous
wastes, consistent with applicable rules of other
federal and state agencies;

B. Reporting of handling of hazardous wastes; and

C. Wastes which are not capatible.

3. Transportation of hazardous wastes. lTe board may
adopt rules relating to transportation of hazardous wastes
including;

A. Licensing of transporters of hazardous wastes,
conveyances used for the transportation of hazard-
ous wastes and the operators of these conveyances;

B. A manifest system for hazardous wastes which takes
into consideration the requirements of the United
Is States Resource RecoveryandConservation Act of
1976, Public Law 94-580, and this subchapter. The
manifest system shall provide a means by which
hazardous waste is accounted for, from its point of
generation through all intermediate points to its
point of ultimate disposal, shall allocate responsibili-
ties and liabilities at each point among persons
handling the hazardous waste and shall require
recordkeeping and regular reporting to the department
at each point by the person handling the hazardous
waste.

4. Waste facilities for hazardous wastes. The board may
adopt rules relating to the interim and final licensing and
operation of waste facilities for hazardous wastes. These
rules may include;

A. Standards for the safe operation and maintenance
of the waste facilities, including, but not limited to,
recordkeeping, monitoring before and during opera-
tion of the facility and after its termination of use
or closure, inspections and contingency plans to
Is minimize potential damage from hazardous waste;

B. The training of personnel and the certification of
supervisory personnel involved in the operation of
the waste facilities; and
281

C. The termination, closing and potential future uses
of the waste facilities.

5. Evidence of financial capacity. The board may a-
dopt rules relating to evidence of financial capacity of
hazardous waste facilities' operators or owners, and those
who transport hazardous waste, to protect public health,
safety and welfare and the environment, including, but
not limited to:

A. Liability insurance;

B. Bonding; and

C. Financial ability to comply with statutory and
regulatory requirements or conditions.

� 1304. Department; powers and duties
I. Rules. Subject to the Maine Administrative Procedure
Act, Title 5, chapter 375, the board may adopt, amend and
enforce rules as it deems necessary to govern waste manage-
ment, including the location, establishment, construction
and alteration of waste facilities. The rules shall be designed
to encourage logical utilization of recoverable resources,
minimize pollution of the state's air, land and surface and
ground water resources, prevent the spread of disease or
other health hazards, prevent contamination of drinking
water supplies and protect public health and safety. In
adopting these rules, the board shall also consider economic
impact, technical feasibility and such differences as are
created by population, hazardous or solid waste, sludge or
septage volume and geographic location.
2. Site location. The board may provide by rules
that no person may locate, establish, construct, alter or operate
any waste disposal facility unless approved by the board
under sections 481 to 488.
3. Municipal status reports. The department shall review
reports submitted by municipalities as required by section 1305.
Report forms shall be prepared and distributed by the depart-
ment. Required information.shall include, but not be limited to,
the following:
A. Location of solid waste disposal facility sites within the
municipality whether publicly or privately owned or operat-
ed, their mode of operation and anticipated useful life;
B. Ordinances or regulations adopted by or proposed for
the municipality which regulate the use of waste disposal
facilities within the municipality;
C. All legal arrangements established by municipalities for
providing a solid waste disposal facility for solid waste gen-
erated within the municipality;
D. Any plan for solid waste management officially adopted
by the municipality.

282

4. Technical assistance. The department is authorized to establish guide- 9 1304
lines for effective waste management, to provide technical assistance to per-
sons planning, constructing or operating waste facilities, and to conduct ap-
plied research activities in the field of waste m:anagement, including methods
of recycling hazardous or solid waste, sludge or septage.
4-A. Right of entry. For the purposes of developing or enforcing any rule
narhorized by this Act, any duly authorized representative or olnployee of the
department may, upon presentation of appropriate credlentials, at any reason-
able time:
A. Enter any commercial or ilndustrial facility where hazardous or solid
wastes, sludge or septage is generated, stored, treated or disposed of;
B. Inspect and obtain samples of any hazardous or solid waste, sludge
or septage, including samples from any vehicle in which hazardous or sol-
id waste, sludge or septage are being transported, as well as samples of
any containers or labels; and
C. Inspect and copy any records, reports, information or test results re-
lating to hnzardous or solid waste, sludge or septage.
5. Planning grants. The department is authorized to receive funds, public
and private, andt to use the funds for the administration of this chapter. The
board may make grants from the funds to mlunicipalities and regional plan-
ning agencies or their agents, as designated by the municipality, for the pur-
pose of planning and implementing waste management activities and waste
facilities pursuant to guidelines established by the board.
6. Study. The department shall conduct and publish a
study of hazardous waste management in this State. The
study shall include, but not be limited to:

A. A description of the sources of hazardous waste gen-
eration within the State, including the types and quanti-
ties of those wastes; and
B. A description of current hazardous waste management
practices and costs, including treatment and disposal,
within the State.

7. Hazardous waste plan. After publication of the
study, the department shall develop and publish a plan for
the safe and effective handling of hazardous wastes. The
plan shall include, but not be limited to:

A. Identification of those locations within the State
which are suitable for the establishment of waste facili-
ties for hazardous waste;
B. Identification of those locations within the State
which are not suitable for the establishment of waste fa.
cilities for hazardous waste;
C. Methods of encouraging the recycling and recovery
of hazardous wastes; and
D. Any other matters the department determines to be
necessary For prompt, safe and effective hazardous wasti
management.

8. Licenses for waste facilities.

A. The board shall issue a license for a waste facility
whenever it finds it will not pollute any water of the
State, contaminate the ambient air, constitute a hazard
to health or welfare, or create a nuisance. Licenses
shall be issues under the terms and conditions as the
board may prescribe, and for a term not to exceed 5
years. The board may establish reasonable time sched-
ules for compliance with this subchapter and regulations

283

promulagated by the board. 1 1304
B. If the facility is for hazardous waste, the board shaf
also find that issuing the license is consistent with the
standards, requirements and procedures in its rules re-
lating to hazardous waste. To the extent practicable,
the board shall coordinate the issuing of this license with
the issuing of other licenses of the board for the facility.
C. The board shall issue an interim license for a waste
facility for hazardous wastes or shall deem the facility
to be so licensed if:
(1) The waste facility is in existence on the effec-
tive date of this Act;
(2) The owner or operator has:
(a) Notified the department of its location;
(b) Provided a detailed description of the opera-
tion of the facility;
(c) Identified the hazardous waste it handles; and
(d) Applied for a license to handle hazardous
wastes;
(3) The waste facility is not altered or operated ex-
cept in accordance with the board's rules; and
(4) If the waste facility has a discharge or emission
license under sections 414 or 591, and the facility
is operated in accordance with that license.
D. Iterim licenses shall expire on the earliest of the
fol Ilowing dates:
(1) The date of the final administrative disposition
of the application for a hazardous waste facilify1Tz-
cense;
(2) The date of a finding of the board that disposi-
tion has not been made because of the applicant's
failure to furnish information reasonably required or
requested to process the application;
(3) The date of expiration of the license issued un-
der section 414 or 591;
(4) The date set in rules adopted by the board; or
(5) January 1, 1982.

� 1305. Municipalities; powers and duties
1. Disposal facilities. Each municipality shall provide a
solid waste disposal facility for domestic and commercial solid
waste generated within the municipality and may provide such a
facility for industrial wastes and sewage treatment plant sludge.
2. Ordinances. This chapter shall not be construed as lim-
iting the authority of any municipality to enact ordinances for
the regulation of solid waste disposal, provided that such ordi-
nances are not less stringent than or inconsistent with
this chapter or the regulations adopted thereunder.
3. Contracts. Municipalities may contract with any per-
son for the collection, transportation, storage, processing, salvag-
ing or disposal of solid wastes.
4. Municipal status reports. The municipal officers of
each municipality shall, on or before the first day of November,
1973, and on or before the first day of June each year thereaf-
284

ter, submit on forms prepared by the department, information S 1305
relating to solid waste management within the municipality.

5. Municipal permits. All permits issued pursuant to Title
30, sections 2451 to 2460 shall, in addition to requirements im-
posed by those sections, be conditioned on compliance with rules
and regulations adopted by the board concerning the operation
of solid waste disposal facilities. Copies of permits issued by
the municipality shall be submitted to the department within 30
days of issue.
6. Municipal septage sites. Each municil:lity s;all provide for the (lispos-
IlI of ail refuse, effluent, .luadgo a(n any other nm:terials froil all a eptic tanl;s-
and cesitpools located within the municipality. Tn l(ldition. aiy ]pe'on l':ay
provide a site for disposal of scptge. Before making application to the De-
partmnent of Environmental Protection for aliproval of any site, that person
sihRll first Ilive written apl)roval for the sie it location from the municipality
in Awhich it is located. The mnunicipality or rile mlnicipal officers authorized
to act for the municipalitv, after hearing, shall approve any such privaite site
if it finds that the site does not constitute :, Ilhazrl to the health or safety of
the residents of the municipality.

� 1306 Repealed. 1980, c.699, � 13

1306-A. Criminal provisions.

1. Class C crimes. Any person who with respect to
any substance or material which, in fact, has been
identified as hazardous waste by the board and which
such person knows or has reason to believe has been
so identified or may be harmful to human health,
knowingly:

A. Transports any such substance or material
without, in fact, having a proper license or per-
mit as may be required under this subchapter;
B, Transports any such substance or material to
a waste facility knowing or consciously disre-
garding a risk that such facility does not have
a proper license or permit as may be required
under this subchapter;
C. Treats, stores or disposes of any such sub-
stance or material without, in fact, having ob-
tained a proper license or permit to do so as
may be required under this subchapter; or
D. Treats, stores or disposes of any substance
or material at any location knowing or conscis-
disregarding a risk that such location does
not have a proper license or permit as may be
required under this subchapter for such treat-
ment, storage or disposal;

is guilty of a Class C crime and may be punished
accordingly except notwithstanding Title 17-A, sec-
tion 1301, subsection 1, paragraph A-i, or subsec-
tion 3, paragraph C, the fine for such violation
shall not exceed $25,000 for each day of such
violation. In a prosecution under paragraph B or
paragraph D, the conscious disregard of the risk,
when viewed in light of the nature and purpose of
the person's conduct and the circumstances known
to him, must involve a gross deviation from the
standard of conduct that a reasonable and prudent
person would observe in the same situation.
285

2. Class D crimes. A person is guilty of a i 1306-A
Class D crime if, with respect to any substances or
material which, in fact, has been identified as
hazardous waste by the board and which such person
knows or has reason to believe has been so identi-
fied or may be harmful to human health, he knowing-
ly:
A. Establishes, constructs, alters or operates
any waste facility for any such substance or
material without, in fact, having obtained a
proper license or permit as may be required
under this subchapter;
B. Handles or transports any such substances
or material in any manner which, in fact,
violates the terms of any condition, order, re-
gulation, license, permit, approval or decision
of the board or order of the commissioner with
respect to the handling or transporting of
such substance or material; or
C. Transfers any such substance or material
to any other person whom he knows or has
reason to believe:

(1) Does not have a license or permit to
handle such substance or material as may
be required under this subchapter; or

(2) Will handle such substance or material
in violation of this subschapter or
rules adopted under it.

1306-B. Forfeiture; civil liability

I . Forfeiture. All conveyances which are used or inten-
led for use in handling or transporting hazardous waste in
violation of this subchapter and all materials, products and
equipment used or intended for use in such transportation or
transported shall be subject to forfeiture to the State.

A. Property subject to forfeiture, except conveyances,
may be declared forfeited by a court having jurisdiction
over the property or having final jurisdiction over a related'
criminal proceeding under this subchapter.
B. The court may order forfeiture of all conveyances sub-
ject to forfeiture, except as follows.

(1) No conveyance used by a common carrier in the
transaction of business as a common carrier shall be
forfeited unless it appears that the owner or other per-
son in charge of the conveyance was a consenting
party or privy to a violation of this subchapter.

(2) No conveyance shall be forfeited by reason of an
act or omission established by the owner to have been
committed or omitted by another person while the con-
veyance was unlawfully in the possession of another
person in violation of the criminal laws of the United
States or of any state. 286

(3) No conveyance shall be subject to forfeiture un-
less the owner knewor should have known that that
conveyance was used in and for the handling of haz-
ardous waste in violation of this subchapter. Proof
that the conveyance was used on 3 or more occasions
for the purpose of handling hazardous waste in viola-
tion of this subchapter shall be prima facie evidence
that the owner knew thereof or should have known
thereof.

C. The Attorney General may seek forfeiture of a convey-
ance according to the procedure set forth in Title 22,
section 2387, subsections 4, 5 and 6 except that:

(1) A final order issued by the court under that pro-
cedure shall provide for disposition of the conveyance
by the Department of Finance and Administration, in-
cluding official use by a public agency or sale at
public auction or by competitive bidding;

(2) The proceeds of a sale shall be used to pay the
reasonable expenses for the forfeiture proceedings,
seizure, storage, maintenance of custody, advertising,
and notice, and to pay any bona fide mortgage there-
on,, and the balance, if any, shall be deposited in the
General Fund; and
(3) Records, required by Title 22, section 2387, sub-
section 5, shall be open to inspection by all federal
and state officers charged with enforcement of federal
and state laws relating to the handling of hazardous
waste.

2. Civil liability. A person who disposes of hazardous
waste, when that disposal, in fact, endangers the health,
safety or~welfare of another, is liable in a civil suit for all
resulting damages. It is not necessary to prove negligence.
For the purposes of this section, damages shall be
limited to damages to real estate or personal pro-
perty or loss of income directly or indirectly as
a result of a disposal of hazardous wastes. Damages
awarded may be mitigated if the disposal in the
result of an act of war or an act of God.
Nothing in this section shall include any action
for damages which heretofore may be maintained
under the commonlaw or the laws of this State.

� 1307. Repealed. 1977, c. 300, � 54

� 1308. Exemptions
Rules and regulations adopted pursuant to this chapter con-
cerning the location, establishment and construction of solid
waste disposal facilities, but not concerning alteration or opera-
tion, shall not affect such facilities in existence prior to October
287

3, 1973. Landscape refuse and fill disposal sites established in S 3
connection with public works projects and commonly known as
"stump dumps" are exempt from this chapter.

� 1309. Interstate cooperation 0
The Legislature encourages eooperative activities by tile department with
other states for the improved management of lhazarious wastes; for improved,
and so far as is practicable, uniform state laws relating to the management
of hazardous wastes: and compacts between this and other states for the im-
proved manage.ment of hazardous wastes.

� 1310. Emergency

If the commissioner finds, after investigation, that any
waste, whether or not a hazardous waste, being handled or
transported by a person in a manner which may create a dan-
ger to public health or safety, he may order the person han-
dling or transporting that waste to immediately cease or pre-
vent that activity and to take such action as may be neces-
sary to terminate or mitigate the danger or likelihood of dan-
ger. He may also order any person contributing to the han-
dling or transportation to cease or prevent that contribution.
Any order issued under this section shall contain findings
of fact describing, insofar as possible, the waste, the site of
the activity and the danger to the public health or safety.
Service of the commissioner's findings and an order shall
be made pursuant to the Maine Rules of Civil Procedure.
The person to whom the order is directed shall comply im-
mediately. An order may not be appealed to the Superior O
Court, but a person to whom it is directed may apply to the
board for a hearing on the order. The hearing shall be held
by the board within 48 hours after receipt of application.
Within 7 days after the hearing, the board shall make find-
ings of fact and continue, revoke or modify the order. The
decision of the board may be appealed to the Superior Coulr
in accordance with Title 5, chapter 375, subchapter VIi.

� 1310-A. Municipal hazardous waste control

Nothing in this chapter shall be constriued as Ipl.cemlptioll of the field of
hazardous waste regulation and study on the part of the State. 3tumicipali-
ties may study hazardous waste and adopt and enforce ihazardlouis Waste con-
trol and abatement ordinances, to the extent that tlhece ordina:lnlcs are not
less stringent than this chapter or than any staldard andler or other action
promulgated pursuant to, this chapter. Local ordinance provisionls which
touch on matters not dealt with lhy the chapter or whicil are more stringent
than this chapter shall bind persons residing in the municipality.

s 131 0-B. Confidential information

1. Public records. Except as provided in subsections 2 0
and 3, information obtained by the department under this
subchapter shall be a public record as provided by Title 1,
subchapter I.

288

f 310-B
2. Hazardous waste information. Information relating to
hazardous waste submitted to the department under this sub-
chapter may be designated by the person submitting it as
being only for the confidential use of the department and the
board, their agents and employees, the Department of Agri-
culture and the Department of Human Services and their
agents and employees, other agencies of State Government,
as authorized by the Governor, employees of the United
States Environmental Protection Agency and the Attorney
General. The designation shall be clearly indicated on each
page or other portion of information. The department shall
establish procedures to insure that information so designated
is segregated from public records of the department. The
department's public records shall include the indication that
information so designated has been submitted to the depart-
ment, giving the name of the person submitting the informa-
tion and the general nature of the information. Upon a
request for information, the scope of which includes informa-
tion so designated, the department shall notify the submittor.
Within 15 days after receipt of the notice, the submittor
shall demonstrate to the satisfaction of the commissioner that
the designated information should not be disclosed because
the information is a trade secret, production, commercial or
financial information, the disclosure of which would impair
the competitive position of the submittor and mo uld make
available information not otherwise publicly available. Un-
less such a demonstration is made, the information shall be
disclosed and shall become a public record. The commis-
sioner may grant or deny disclosure for the whole or any part
of the designation information requested and within 15 days
shall give written notice of his decision to the submittor and
the person requesting the designated information. A person
aggrieved by a decision of the commissioner may appeal to
the Superior Court in accordance with the provisions of
section 346.

3. Release of information. The commissioner shall not
release the designated information prior to the expiration of
the time allowed for the filing of an appeal or to the rend-
ering of the decision on any appeal.

4. License and enforcement information. Information
required by the department for the purpose of obtaining a
permit, license, certification or other approval may not be
designated or treated as designated information under sub-
section 2.

5. Rules. The board may adopt rules to carry out the
purposes of this section. The rules shall be consistent with
the provisions of Title 1I subchapter I.

6. Prohibition; penalties

A. It is unlawful to disclose designated information to

289

any person not authorized by this section.

B. Any person who solicits, accepts or agrees to accept,
or who promises, offers or gives any pecuniary benefit in
return for the disclosure of designated information is
guilty of a Class D crime and to the civil penalty of para-
graph C.

C. Any person who knowingly discloses designated infor-
mation, knowing that he is not authorized to do so, is
subject to a civil penalty of not more than $5, 000.

D. In any action under this subsection, the court shall
first declare that the information is a trade secret or pro-
duction, commercial or financial information, the disclo-,
sure of which would impair the competitive position of
the submittor and would make available information not
otherwise publicly available.

� 1311. Findings; Intent
The Legislature finds that proper disposal of solid wastes, and protection of
land, air and water resources is important to the public health, safety and
welfare; that the Legislature has mandated that municipalities provide for
the proper disposal of solid -wastes; that waste disposal facilities must com-
ply with strict state and federal requirements; and that the operating costs
of these facilities are high, putting an increasing burden on local property
taxes.
It is the intent of this chapter that the State wvill participate with nlunici-
palities in- up to 50%a of the cost of maintaining and operating solid waste
disposal facilities that are in substantial compliance with the requirements of
this chapter. ! a
The Legislature further intends that the State will partici-
pate with counties in up to 50% of the cost of maintaining
and operating solid waste disposal facilities that are in sub-
stantial compliance with this chapter and that are assisting
municipalities with the proper disposal resource recovery or
transfer of solid waste.

� 1312. Solid waste subsidy

I. Establishment. There is established a fund to provide
an annual solid waste subsidy to be paid to qualifying muni-
cipalities and counties.

2. Calculation. This subsidy shall provide a percentage,
up to 50%, of the actual eligible cost of solid waste facility
operation and maintenance for the prior year. This percen-
taqe of state participation shall be calculated by dividing the
legislative appropriation for this fund by the sum of the re-
ported elibible costs from all municipalities and counties.
Each municipality and county shall receive a subsidy equal
to this percentage multiplied by their actual eligible costs
for the prior year.

290

� 1313. Eligible facilities
� 1313
1. Facilities. All municipalities and counties operating
or contracing with the following types of solid waste disposal
facilities will be eligible for the solid waste subsidy:
A. Municipal facilities;
B. Private facilities;
C. County facilities; and
D. Facilities operated by regional refuse districts and
other public or quasi-public entities.

2. Compliance. Those facilities that the board has de-
termined are in substantial compliance with the following
criteria will be eligible for the solid waste subsidy:
A. Operational criteria in rules adopted under section
1304, subsection 1, for facilities established on or be-
fore October 3, 1973; and
B. Site and operational criteria in section 421 and rules
adopted under section 1304 for facilities established
after October 3, 1973.

3. Appeals. Municipalities and counties may appeal de-
termination of compliance in accordance with provisions of
chapter 2.

� 1314. Eligible costs
The following costs of operating and maintaining solid waste disposal facil-
ities will be eligible for subsidy:
I. Salaries and wages. Salaries and wages of persons for time actually
employed at the facilities;
2. Utilities. Cost of all utilities used at facilities:
3. Road maintenance. Road maintenance for roads used exclusively for
the facility;
4. Miscellaneous supplies and services. Miscellaneous supplies and serv-
Ices, including pest control, used at the facility:
5. Cover material. Cover material:
A. Cost of purchased cover material; or
B. Value of cover material based on rates to be determined by the de-
partment;
6. Equipment costs. Equipment costs:
A. Cost of rental of equipment used at the facility; or
B. Operationrmaintenance and capital cost of equipment
owned by the municipality and used at the facility. Capital
costs shall be amortized over the expected life of the equip-
mento Only annual costs in proportion to the fraction of time
the equipment is used at the facility shall be eligible for re-
imbursement;
7. Transfer stations. .11 annual costs, including equipment and transpor-
tation, resulting from operation of waste transfer stations;
8. Resource recovery. All annual costs resulting from recycling, resource
recovery and energy production from solid wastes; and
9. Exclusions. Costs for transport, storage, treatment and
disposal of municipal or industrial sludge are not eligible
for subsidy.

� 1315. Administration

1. Municipal reporting of costs. The solid waste subsidy
shall be based on costs for the prior calendar year. All mu- 291

1315
nicipalities and counties shall report actual eligible costs to
the department by February 1st.

2. Determination of subsidy. The Legislature shall by
May Ist annually enact legislation appropriating a fund for
this subsidy. A subsidy index shall be calculated by dividing
this fund by the sum of the eligible annual costs reported by
municipalities and counties for the prior calendar year. If
the subsidy index is greater than 0.50, it shall be estab-
lished at 0.50. All money not expended from the fund shall
lapse. Each municipality and county shall receive an amount
equal to this subsidy index times the municipality's or
county's reported costs.

3. Authorization of payment. The commissioner shall
authorize subsidy payments to the eligible municipalities
and counties. The subsidy shall be paid to each municipality
and county in 2 equal installments, the first on June Ist and
the 2nd on October 1st each year for the prior year's costs.

4. Audits. Each municipality and county shall maintain
records and accounts sufficient to document reported costs,
and these records and accounts shall be available for audit
for at least 3 years.

5. Appeal. The computation of the solid waste subsidy
for any municipality or county may be appealed in writing O
to the board by the municipal officers or county commission-
ers within 30 days from the date of notication of the computed
amount. The board shall review the appeal and make an
adjustment if, in its judgment, an error has been made. The
board's decision shall be final as to facts supported by the
records of the appeal.

E 1317. Definitions

As used in this subchapter, unless the context indicates
otherwise, the following terms have the following meanings.

1. Discharge. "Discharge" includes, but is not limited
to any spilling, leaking, pumping, pouring, emitting, dis-
posing, emptying or dumping onto the land or into the water
or ambient air.

2. Hazardous matter. "Hazardous matter" means substan-
ces identified by the board under section 1319 that present a
present or potential danger to the people of the State or to
its natural environment when deposited on land or discharged d
on or into waters of the State or ambient air.

3. Remove or removal. "Remove" or "removal" means
the mitigation of the danger created by hazardous matter by
either:
292

� 1317
A. Treatment or cleanup of a discharge of hazardous
matter; or

B. Any action necessary to prevent or minimize danger
from a discharge or threatened discharge.

4. Responsible party. "Responsible party" means the
person having care, custody, possession or control of hazar-
dous matter.

9 1317-A Discharge prohibited

The discharge of hazardous matter into or upon any waters
of the State, or into or upon any land within the state's
territorial boundaries or into the ambient air is prohibited
unless licensed or authorized under state or federal law.

s 1318, Mitigation of penalties

1. Reporting. The immediate reporting of a discharge or
threatened discharge by the responsible party or by the per-
son causing the discharge may be considered in mitigation of
any criminal or civil penalties assessed under this subchapter.

2. Removal. If the responsible party of person causing
-the discharge immediately reports and removes the discharge--
in accordance with the rules and orders of the board, he
shall not be subject to criminal or civil penalties under this
subchapter.

�f 1318-Ao Recovery by the State for expenditures for remo-
val of discharges

1. Responsible party. The responsible party of the person
causing the discharge is liable for all acts and omissions of
its servants and agents which are committed within the
course and scope of their employment.

2. State to recover for expenditures for removal. Any
person who permits, causes or is responsible for a prohibited
discharge shall reimburse the State for all costs incurred,
including personnel costs, in removing the discharge. Funds
recovered under this section shall be deposited to the
account from which they were expended. Requests for re-
imbursement, if not paid within 30 days of demand, shall be
turned over to the Attorney General for collection.

In any suit to enforce claims of the State under this sec-
tion, it is not necessary for the State to plead or prove
negligence in any form or manner on the part of the person
causing, permitting or responsible for the discharge. The
State need only plead and prove the fact of the prohibited
discharge and that the discharge occurred while the hazar-
293

dous matter was in the custody or control of the person O 1318-A
causing, permitting or responsible for the discharge.

S 1318-B. Procedures for removal of discharges of hazar-
�dous matter

1. Reporting. The responsible party of the person caus-
ing the discharge shall report a discharge immediately to
the local public safety agency or to the Department of
Public Safety, which shall immediately notify the Depart-
ment of Environmental Protection.

2. Preservation of public order. The local public safety
agency or the Department of Public Safety shall exercise
authority for preservation of public order and safety, and
shall coordinate the response to the spill.

3. Department of Environmental Protection to direct
removal, The Department of Environmental Protection shall,
have authority and responsibility to plan, implement and,
with the cooperation of the appropriate public safety agency,
direct that part of the response to a discharge of hazardous
matter which involves removal.

A. The responsible party or the person causing the dis-
charge shall immediately undertake removal of the dis-
charge.

B. The department may undertake the removal of the dis-
charge and may retain agents and make contracts for this
purpose.

C. Any unexplained discharge of hazardous matter occur-
ring within state jurisdiction, or on land or in water or air
beyond state jurisdiction that for any reason penetrates with-
in state jurisdiction, shall be removed by or under the direr-
tion of the department.

�1319. Powers of the board

1. Identification of hazardous matter.

A. Any substance which has been designated as hazardous
by the United States Environmental Protection Agency in
proposed or final regulations under the United States Clean
Water Act, Section 311, Public Law 92-500, may be iden-
tified by rule as hazardous matter by the board.

B. Any substance which has not been so designated by the
United States Environmental Protection Agency may be O
identified by rule as hazardous matter by the board.

C. Rules adopted under paragraph B shall be submitted to
the Joint Standing Committee on Energy and Natural Re-

294
.... . Y,... .

sources for review. These rules shall become effective i 1319
after the next regular session of the Legislature only if
approved by Joint Resolution.

2. Rules. The board shall have authority to adopt rules
in order to:

A. Prescribe procedures for reporting discharges prohibited
by this subchapter;

B. Prescribe procedures, methods, means and equipment
to be used in the removal of discharges of hazardous mat-
ter; and

C. Exempt type of methods of discharges of hazardous mat-
ter from the requirements of this subchapter that the board
determines do not present danger, imminent, present or
delayed, to the people of the State or to its natural
environment.

S 1319-A. Duties of the commissioner

1. Facilities. The commissioner may undertake studies
and evaluations necessary to develop suitable waste facilities.

2. Training. The commissioner may train state and local
personnel to remove discharges of hazardous matter. Insofar
as practical, the commissioner shall rely on existing sources
to deliver this training.

3. Study. The Board of Environmental Protection
shall study the need for one or more hazardous waste facil-
ities to handle certain types of hazardous wastes generated
within the State. In making their evaluation, the board
shall consider the study conducted pursuant to the Revised
Statues, Title 38, section 1304, subsection 6, the plan pre-
pared under the Revised Statues, Title 38, section 1304,
subsection 7, the capabilities and probabilities of existing
generators treating or disposing of their own hazardous wastes,
the probabilities of private firms establishing commercial
hazardous waste facilities in Maine, the probabilities and
costs of transporting hazardous waste to waste facilities out-
side of Maine, and the capabilities of existing commercial
waste facilities in Maine and out of state.

The board shall submit its findings, including recommended
legislation and recommended funding, to the Governor and
the appropriate committee of the Legislature assigned in this
area of energy and natural resources during the first regular
session of the 110th Legislature.

Upon acceptance, by the Governor and the committee, of the
the board's determination of necessity for one or more
hazardous waste facilities, the board shall prepare a plan

295

which provides For the location and acquisition of suitable 1319
sites, and the planning, construction, maintenance and oper-
ation of hazardous waste facilities on those sites. The plan
shall include the board's recommendation for public or private
financing of all projects proposed by the plan. Specifically,
the board shall prepare a budget covering a period of not
less than 3 years and shall provide one or more methods of
assessing generators of hazardous waste a fee to Fund all
reasonable and necessary planning, engineering, acquisition
and construction of hazardous waste facilities, and shall
provide one or more methods of assessing generators of hazar-
dous waste a fee to fund all reasonable and necessary plan-
ning, engineering, acquisition and construction of hazardous
waste facilities, and shall provide one or more methods for
assessing fees on users of the hazardous waste facilities to
cover maintenance and operating costs, insurance, monitor-
ing, closing costs and other necessary expenditures.

The board, when proposing site locations, shall consider
the geographic location of probable generators, the distances
and costs involved in the transport of hazardous waste to
waste facilities, the compatibility of potential wastes and
the board's rules and regulations.

296

1. Compact Ille refuse in a series of layers. each layer nom more than 2 feet thick before compaction.
the days a_,[rcOaze o) lavers subject to daily cover requireLents:
2, ILidle the covel maiiciJI.
3. Gblade the1 base rand cover:
4. Assist vellcle;.
5. Build and maintain roads; and
6. Con trol dust and vectors.

R. Mailitenanice and backup equipmnent shall be available within 48 hours ai'ter a breakdown.

S. Dail, cover shall be placed at the end of each working day over the entire refuse cell to a minimum
,,cllpacted thickness of at least b Inches. The purpose of daily cover is to minimize rodent and other vector
problems and to minimize the possibility of fires.

T. Intermediate cover shall be placed to a minimum compacted thickness of one foot, including daily cover,
in cases where daily cover is exposed for more than 14 days.

U. Final cover shall have a rmninmum compacted thickness of 2 feet including any previous cover. It shall be
placed within 14 days of final refuse placement except during winter operations. Final cover shall rrinimize
infiitration trom surface water and shall inhibit settling, cracking and other erosion; final cover shall be well
raded. containing a minimuin of 15% fines and compactable to a reasonably water shedding surface. The final
cover shall prevent ponding of water at the base of the disposal area and shall be placed in such a manner so to _
maintain a surface slope sufficient to keep the surface well drained. The final grade of the side slopes shall not
be greater than 3:1. The area shall be seeded as soon as practical. Temporary cover nmay be placed during winter
months provided:
1. Snow is removed prior to melt; and
2. Final cover is placed as soon as realistically possible.

V. Operating Manual
An operation manual shall be submitted for approval. The following items shall be included:
1 Type of operation (area, trench);
2. Face width:
3. Lift height;
4. Estimated area to be utilized during each year of operation:
5, Operating hours;
6. Type and number of equipment available including standby equipment:
7, Special procedures for winter operation (stockpiling, pretrenching, etc.}):
8. Seeding schedule for completed areas of fill:
9, Erosion control methods (seeding, rip-rap. etc.);
10. Safety procedures:

310

D. SalvaIging sIliJ be cLtrllcd - perilils Shiall be issued by tile facility adulliustrators. Salvaging shall not
be allowed at the operating face.

E. An attendant shall be on duty during all operating hours.

F. All sites shall provide a nmethod of communication to emergency medical. fire, and law enforcement
fachlitles.

Fire control facilities shall be provided.

H. Fences and gates shall be installed to limit access to the site.

I. Final grade shall be compatible with surrounding property.

,1. Anl area shall be provided for "hot loads"; these loads shall be extinguished either by the attendant or
by the local fire department.

K. The disposal area shall be kept well drained. The base of the disposal area shall have a slope adequate
for drainage. This shall apply to the bottom of trenches if a trench method is to be utilized. No refuse will be
placed in surface water of any type.

L. Monitoring wells may be required.

M. All-weather access roads are required.

N. Litter tencing shall be provided as needed.

0. Operating records shall be kept by the operator. These should include estimates of refuse volume or
weight. or the rate at which available land is being used, occurrence of fires, need for vector control. equipment
maintenance or unusual financial expenditures. Such records shall be available to Department personnel.

P. Face width should maximize efficiency, being small enough to maintain, though large enough to handle
the traffic.

0. Equipment shall be provided to:

309

19. Proposed siltation basins, where applicable;
20. The baseline tor x-sections in Section 407.4. and
21. Lcachale collection and treatient facilities. if proposed.

D. Cross Sections
Show the following items in cross sections for every 100 feet along the length of the proposed disposal
area. Use a horizontal sca;lle I" = 100' or less and samne as used above in Design Information. Section -107.2.
Use a vertical scale equal to or a niultiple of the contour interval shown in Design Information Section 407.2G
above. The vertical exaggeration shall not exceed 20:1.
1. Bedrock surface (it closer to surface than groundwater);
2. Seasonal high water table;
3. Water drainage features: swales; ditches; tiles, etc.:
4, Existing land surface;
5. Base grade:
6. Proposed lifts:
7, Proposed cover:
8, Final grade of completed landfill: and
9. Final elevation of completed landfill.

E. Qualifications of Persons Preparing Plans
It is recognized that both the description of the site and the sophistication of design and engineering for
the facility will vary a great deal, depending on the specific location and the volume and type of waste to be
disposed there. It is also recognized that the ability of persons and municipalities to accomplish this type of !
work varies greatly.
To make sound judgements, the Department needs complete and accurate information.
Therefore:
1. All survey work accomplished and reported must be by a Registered Surveyor.
2. Design plans submitted need not be done by a Professional Engineer but must be complete and
accurate.

1 3. Operating Criteria

A. All normal domestic and commercial wastes shall be accepted.

B. Junked vehicles and white goods shall not be incorporated into the disposal area is a reprocessing center
is available. A separate storage area may be provided.

C. Hazardous wastes may be accepted only if special provisions have been made and approved by the
Department of Environmental Protection.

308

Are. .a wllhe refuse is Io hc p)lUCLd.
2. Prope -ty bounldaries:
3. Access roads;
4. Area and sequence ut' site to be developed in forst, second. and third year of operatlon:;
5. Location of test pits. wells. or borings;
6. Proposed drainage system:
7, Two Foot contours showing:
a. The existing arca:; and
b. Proposed final disposal area surface;
If the area is sufficiently steep so that 5 foot or some other contour interval will show drainage.
the two foot contours should be phased out.
8. Location of alternate disposal faces for poor weather operation, special and/or hazardous wastes,
and hot loads; and
9. Location of salvage material storage.

C. Additional Design Map Information
For the proposed area and for the area within 300' outside the site boundary. show the following:
1 . All occupied dwellings;
2. Public water supplies:
3. All private wells;
4. All surface bodies of water:
a. Springs:
b, Rivers;
C. Lakes:
d. Ponds:
e. Swamps:
f. All other pertinent bodies of water;
g. Natural drainage area; and
h. 100 year floor plain, where applicable.
5, All existing roads;
6, Power lines;
7. Pipelines;
8. Public buildings and/or facilities;
9, Sand and gravel pits;
10. Proposed final surface drainage system;
11 All proposed water quality monitoring points;
12. Proposed boundary fencing and accesses;
1 3. Access roads:
14. Gas venting devices, if proposed:
15. Proposed equipment shelter, maintenance area and employee facilities;
16. Proposed utilities:
17. Scales and weighing station, if proposed;
18, Fire and first aid equipment. if proposed;

307

E. Boring or Test Pit Logs and Map
AI number of test pits or borings sufficient to describe tile surficiai materials on the site and the
prx'iutilty or the site to grounldwater or bedrock shall be dug and analyzed.
A. A map of scale I" = I 00� (or less) shall be provided to include the lollowing:
i. Legal boundaries of the site:
2. rea(s) where refuse is to be placed: and
3. Locations of borings and/or test pits.
B. Tile location ;ild log of a number of borings and/or test pits with approximate elevations sufficient
to reasonably indicate groundwater gradient and direction must be shown. Boring and test pit logs shall
indicate tile following:
1. Surficial units including at least till, clay, sand, gravel, soil and bedrock; more detailed
descriptions of overburden units may be used;
2. Depth to groundwater:
3. Depth to bedrock it' bedrock is reached before groundwater: and
4. Surticial units for borrow pit. as in B.1 above.

1 2. Design Approval

A. Design Information
The amount of design information required and the sophistication of engineering and design needed to
utilize a site in a way to protect public safety and health and surface and groundwater resources, necessarily
varies with both the physical characteristics of the site and the amount and type of waste to be disposed.
The Department will review the plans for their adequacy in describing at least the following:
1 . The site as it presently exists;
2. The site as it will appear at the time it is closed:
3. Any drainage system(s) proposed:
4. Any other features proposed:
The Department will review the design to see if it adequately handles at least the following:
5. Diversion of surface water away from the site:
6. Surface drainage of the site;
7. Grading for bottom drainage of the site;
8. For high groundwater areas, for areas shallow to bedrock, and for areas proposed where surficial
materials. soils. contain more than 40 percent fines; proper drainage of the bottom of the site:
9. For areas where surficial materials. soils, contain less than 15 percent fines: protection of the
groundwater from rapid percolation of leachates;
10. Protection for public health and safety: and
11 . Aesthetic considerations; litter and view from homes, businesses, and roadways.

B. Detailed Site Map and Plan
A map of the same scale as on the Map of Borings or Test Pits itemn 406.5) shall be provided. It shall
show the following:

306

3, The site should be moderately sloped, i.e., less than 15 percent.
4. The site boundary shall not lie closer to a classified body of water than 300 feet.
5. The site boundary shall not tie closer to the nearest residence or potable water supply than 1,000
feet.
Site riot meeting these criteria. but which through good design and operation can be shown to provide adequate
protection to surface and groundwater resources, may be approved by the Board upon proper application. Sites
meeting these criteria but whichl are determined by the Department to provide special danger to a surface ur
'ltulUdwUtcr tesoMtc may be either disappuoved or approved under mnore stringent criteria. Such special danger
night potentially exist because of the proximity of the site to an aquifer, because of the proposed deposit of
special wastes at the site, or because of some other special physical condition.

B. Public Notification
For all proposed sites and for sites proposed for significant expansion of the volume of waste to be
accepted the following procedure must be followed. (Normally a 25% increase in waste volume acceptance within
one year will be deemed significant. The addition of waste of a hazardous or unusual nature not already accepted
at the facility, or expanded acceptance of junked automobiles or white goods shall be sufficient to deem the
expansion significant.) Other facilities in operation before October 3, 1973, which are not in violation of present
law and which, by alteration will meet the operational criteria established herein, are not subject to the
procedure for site approval.

C. Site Map
The most up-to-date U.S.G.S. Topographic map either 15' or 7VA' shall be submitted. The following
items, it' not shown on the topographic map must be located for the area within a line 1,000 feet
outside of the site boundary.
A. Legal boundaries of the site;
B. All buildings;
C. All supplies of potable surface and groundwater-municipal and private;
D. All commercial-industrial water supplies;
E. All surface bodies: ponds and lakes; streams and rivers; swamps and marshes;
F. All gravel pits. stone quarries, mines;
G. All pipe lines, surface or buried;
H. All springs and seeps:
I. Existing zoning;
Keyed to this map:
J. Indicate for wells; where known; depth to bedrock; static water level; yield; total depth; and
K. Indicate where know, seasonal variation of water cable in gravel pits, quarries, and dug wells.

O. Hyrdologic, Geologic and Soils Information
All hydrologic and geologic information pertinent to the site that is available from state and federal
agencies, such as bedrock geology, soils. surficial geology, depth to bedrock, depth to water table, well locations
and characteristics. shall be submittedto the Department.

305

F. . Final Cover
A Illlllimum final cover of 2 feet ai'�er compaction is requited on all refuse. For facilities in operation
hefote October 3. 1973, variance to the amount of cover may be given if no direct or indirect discharge of
pilutarnts or harboJrage o( vcctors will occur. Cover material shall have a aminimnum oi' I 1 fines.

G. Grading
The top slope uof te finall cover shall be sufficient to encourage proper drairlage. The l'ace shall be
stabilized and covered. The maximnum face slope shall not exceed 2:1.

H. Seeding
The closed area shall be seeded.

I. Problem Correction
Leachate and gas problems shall be corrected.

J. Inspection
The operator shall request DEP inspection before removing equipment from site so deficiencies may be
corrected.

K. Certificate of Completion
The site shall be subject to inspection by the Department one year after closing. Any deficiencies found
which may have detrimental health or environmental effect shall be corrected. If satisfactory maintenance is
being provided. a certificate of completion will be awarded.

11 . Site Approval

A. Site Characteristics
The Department recognizes chat because the surficial geology or' Maine is both complex and vaned. a
single set of physical conditions cannot be described which would be applicable for safe and economic land
disposal throughout Maine. Differences in the amount and type of waste to be disposed at a particular site
increase the complexity of appropriate standards.
Because it is desirable to keep the waste dry and to keep it separated from groundwater. the following
set of physical conditions are found by the Department to be desirable and, in general. adequate for protection
of ground and surface water resources providing the facility is well designed and operated.
]. The surficial material soils, underlying the refuse to a depth of at least 5 feet shall be well graded
granular material containing from 5-40% fines, and being relatively free of cobbles in excess of 6 inches in
dianlater.
2. All refuse shall be placed at least five teet above groundwater.

304

ailvilty. W;atelr suppotls the biological an d c11czlical .activity wlhiclI produces polaeltlally harmifull by-products ill
Ith I;ormil I ICacjlate. Water is al.) t[lC' prinialy vehicle which c.'all transport these no)xious substances away troin
[te dlispotl(.ji ,itC ) tgrouild and stritacC water resources. hi addition. the regulations provide controls for other
chealth. sa'etv. and eivironnllllteal matters.
Although the following regulations are believed to Ictlect the best state of' the art for land disposal
ccononlmcallv accessible to Maine comnmunities. and will provide very much greater protection to land and water
resources and to public health when compared with disposal methods now commonly used, it is recognized that
compliance with these regulations does not provide an absolute guarantee against pollution. In those special cases
where compliance with these regulations proves not to be sufficient, additional requirements may be imposed to
provide additional protection to health. safety, and the environment. A variance procedure to enable disposal
operation under a "Conditional Use Pernmit" has been established to allow maxilmum flexibility in considering
sound solid waste activity.

B. Closing Requirements for Disposal Facilities
Solid waste facilities in existence before October 3, 1973 which. with alteration. cannot meet the
operational requirements promulgated herein are required to be closed.
All land disposal facilities which close after October 3, 1973 are subject to this section. Facilities in
operation before October 3. 1973 which, with alteration, can meet the Operational Criteria and which are not in
violation of other laws are not required to be closed.

C. Closing Plan
A closing plan shall be submitted to the Department of Environmental Protection for approval at least
30 days prior to the start of closing operations; which operations begin with 30 days notice to the Public and/or
users of the site.
This plan shall include:
. Schedule for notifying the Public of the closing;
2. Rat extermination schedule;
3. Method to be used to keep area drained;
4. Method to correct any existing leachate or gas problems;
5. Fire extinguishment schedule:
6. Schedule for placing final cover and seeding; and
7. Schedule for inspection and maintenance.

D. Public Notification
The public shall be notified at least 30 days prior to the date the last refuse will be accepted by signs
posted at the site and by notification in the local press. The date the last refuse will be accepted at the old site.
the address of the new disposal facility, and the hours of operation of the new disposal site shall be included on
the signs and in the notification.

E. Restricted Access
Restricted access and/or adequate policing shall be provided.

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B. Disposal of Residual
Residuals tromii inclilerut ,mil Ir slnular burning miethods which are designated for land disposal are subject
to Iegulatmtns promtila3ted tirder Chapter IV. Land Disposal. excpr r';r daily cover requirements Any etrluent
disposepd In watelS o theI State shall Ibe subject to Water Quality regulations and licensing criteria.

C. Plan

Any person owning or operating an incinerator or other equipment using burning as a method oi solid
waste volume reduction shall submit a plan to the Department for approval showing how the incinerator will be
integrated into the solid waste system. Such a plan should include but shall not be limited to the following
ie ms. .
1. Nature and volume of material to be burned;
2. Disposition ot residual;
3. Location of processing and storage facilities;
4. A tinancial report of estimated costs:
5. A description of the facility andi/or equipment to be used:
6. Safety equipment and procedures: and
7. Fire protection facilities.

9. Storage and Transfer Facilities

A. Review and Approval
Municipal and/or regional storage and transfer facilities including those facilities leased or contracted are
subject to Departmental inspection, review and approval. The storage of all solid waste shall be practiced in such
a manner to minimize attraction and harborage of vectors, to prevent health and safety hazard, to minimize
odor, unsightliness. environmental impact, and public nuisance.

B. Space Requirements

Sufficient facilities and space shall be provided to contain all waste generated during periods between
regularly scheduled collection or removal as may be necessary to meet the intent of paragraph 403.1 above.

10. Land Disposal
A. Policy Statement - The Department recognizes that for the short term land disposal will remain the
predominant method of waste disposal in Maine. Because it is the necessary final link in the chain of disposal
activity. and because there is significant potential for environmental harml to lanmi and ground water resources.
in-depth regulation has been determined to be necessary. The following regulations are based on the presumption
that significant protection to the environment can be accomplished by controlling water in and around disposal

302

will teduce tihe V)IUlII it' solid wa;bI geLIerated which will euse and recover valuable resources currently being
wasted il rd which will conserve natural resources. AssistaILce give I to Ilese a;cILtllic will bl ) fle irst pli)rity.
Tile varied ilaure t,,I esource rccuvcry activity anrd tie getnerally sound cnvironimental basis on which
they are uidertlkenll preclude the necessity anld value of specific regulation. A review of such proposed activity
wllil respect to health. satety and environmental soundness is deemed to be in the best interest of the State.
Speci 'iL ;ctVity mlay. int the tuture. be subject to regulation.

B. Requirements
Each person who owns or operates a facility for long term resource recovery activity shall submit a plan
to the Department tor approval. Such a plan should include, but shall not be restricted to the following items:
A. Nature and volume of material to be recovered;
B. Disposition of recovered waste:
C. Disposition of material to be disposed of rather than sold, reprocessed, etc.;
D. Location of processing facilities:
E. Location of storage facilities:
F. Description of transportation network and facilities;
G. A financial report of estimated cost/gain balances:
H. A description of the facility and/or equipment to be used;
i. Safety equipment and procedures; and
J. Fire protection facilities.

C. Disposal of Residual
Any residual from a resource recovery activity which is designated for land disposal shall be subject to
regulations promulgated under Chapter IV, Land Disposal. Any effluent disposed in waters of the State shall be
subject to Water Quality regulations and licensing criteria.

D. Exemptions

Resource recovery activity of a voluntary and intermittent basis such as local paper drives. bottle drives,
etc.. are not subject to reporting or review requirements.

8. incineration

A. Emissions

Incinerators or other equipment using burning as a method of waste volume reduction, whether or not
in conjunction with resource or energy recovery, are subject to Air Quality Control Regulations.

301

T. Lindfill equipment any equipment on site used 'or Ilandling rleuse cover and for other support

U, Leachate lqluid whillch Ils )ercolalud thlrough olid waste or oiher riediuil and has extracted dissolved
,)i sIlScnldeld matelials f 'roil It.
V. Lift - a compacted laser of' solid waste and the top layer o( cover material.
W. Lift height vertical thickness of a compacted volume of solid waste plus thickness of cover material
munIediately above.
X. Mottling - the blotched or streaked pattern caused by the dissolution of inorganics. usually ;ron.
indicative oft' the soil having been in contact with gruundwater.
Y. Municipality - r city or town.
Z. Overburden - all soil material overlying bedrock.
AA. Person - An individual. tirm. corporation. partnership, association. municipality, quasi-municipal corpora-
non. state agency or any other legal entity.
BB. Potable water supply - any ground or surface water supplies to be used for drinking.
CC. Recoverable Resources - Materials that still have useful physical or chemical properties after serving a
specific purpose and can be reused or recycled for the same or other purposes.
DD. Salvaging - controlled removal of reusable waste materials.
EE. Solid waste - Unwanted or discarded solid material with insufficient liquid content to be free flowing,
including by way of example, and not by linuiation. rubbish. garbage, scrap materials. junk, refuse, inert fiil
material and landscape refuse, but shall not include septic tank sludge or agricultural wastes.
FF. Solid waste facility - Any land area or structure or combination of land area and structures. including
dumps. used for storing, salvaging. processing, reducing. incinerating or disposing )of solid wastes.
GG, Special wastes-- those wastes which may not be considered hazardous but may still require more
complex management due to other characteristics such as high moisture content or bulk.
SH. Static water level - that level water seeks when not being pumped; i.e., undisturbed water level.
I I. Stratigraphy - geology of the layered succession of soil and rock deposits.
JJ. Surficial units - identifiable differences in overburden. (Boulder units, soil units, gravel, sand. specific till
types. etc.)
KK. Vector - a carrier, usually an arthropod, bird. or rodent that is capable of transmitting a pathogen from
one organism to another.
LL. White goods - large appliances including but not limited to stoves. refrigerators, freezers, washing
macnines. clothes dryers. dishwashers and air conditioners.
MM. Zones - The northern zone shall include: Aroostook County: that part of Penobscot County north of
and including Medway. TAR7 and Long A: that part of Piscataquis County north of and including TBRI0.
TBRI 1, Bowdoin College Grant, Greenville and Little Squaw; that part of Somerset County north of and
including Square Town (T2R5). Moxie Gore (TIRS), West Forks Plantation, Lower Enchanted (T2RS). BKPWKR
(T3R5), and King & Bartlett (T4R5); and that part of Franklin County north of and including Jim Pond ITI R5),
.Ader Stream (T2RS), and Seven Ponds (T3R5). The southern zone shall include all of Maine not in the northern
zone.

7. Resource Recovery Activity

,A2. Policy Statement - The Department desires to encourage solid waste programs. public or private. which

300

4. Prohibited Acts
Alter July 1, 1975 no person shall operate a solid waste tfacility without a plan approval and/or
conditiollal use permit obtained from the Department in accordance with these regulations.

5. Site Location of Development
Facilities established after October 3, 1973 and subject to these solid waste management regulationls. and
facilities proposed for significant expansion of' the volume of waste to be accepted shall also be subject to review
and approval by the Board of Environmental Protection under Title 38, MRSA Sections 481 to 488, which
concerns Site Location of Development.

6. Definitions
A. Backup equipment - land disposal equipment under contract or by sonime other means available to the
operator within 48 hours of breakdown of the primary equipment.
B. Board The Board of Environmental Protection.
C, Boundary, property - property line of total area owned, rented or leased by operator.
D. Boundary, site - line surrounding area to be developed for the disposal or process facility.
E. Commissioner - The Commissioner of the Department of Environmental Protection.
F. Closing operation - the processes of rodent extermination, fire extinguishment, slope stabilization,
placing cover material, grading, seeding, etc. for the closing of an existing open dump or disposal facility or one
established under this law.
G. Closing plan - pre-determined method and schedule for completing above operations.
H. Cover material - any soil material that is well graded, relatively free of organics and stones greater than
6 inches diameter that is used for cover in a landfill operation.
I . Cover, daily - soil that is used to cover compacted solid waste at the end of each operating day.
J. Cover, intermediate - this solid material must be placed on filled areas where the daily cover will be
exposed for more than 14 days.
K. Cover, final - this soild material must contain a minimum of 15% fines and must be placed on each
filled area when final elevation has been reached.
L. Department - The Department of Environmental Protection.
M. Drainage system, surface water -system of berms, dikes and ditches and culverts arranged so as to
inimiliz.e the amount of surface water running over and through the refuse.
il. Drainage and collection system, leachate - system for draining any potential leachate from base of
disposal tfacility and collecting it at a pre-determined point.
O. Face slope - this is the slope on which the landfill equipment must work in order to compact and cover
the refuse.
P. Face width - this is the horizontal length of the working face.
Q. Fines - soil material which passes the '20O U.S. Standard Sieve.
R. Hazardous wastes - any waste having a greater potential as a health or safety hazard or for environ-
mental harm than household or commercial wastes, which may include but is not limited to industrial and
treatment plant waste. Upon request the Department, based on sufficient information supplied by the applicant.
will make a determination whether a particular waste is hazardous and whether proposed methods and sites are
sufficient for safe disposal of that waste.
S. Hot loads - any load of refuse which is on fire when delivered to the site.

299

i Legal Authority
The Solid Waste Management Act was passed by the Maine 106th Legislature and subsequently signed by
the Governor to become Chapter 387 of Public Law.
This law amended Title 38. Maine Revised Statutes by becoming Chapter 13 of those statutes.
Section 1304 of those statutes charges the Department of Environmental Protection with writing rules and
regulatolns it deenms necessary governing solid waste managelnent. It shall be unlawful for any person to establish,
construct, alter or operate any waste disposal facility or to store, collect. transport. process or dispose of solid
waste contrary to regulations promulgated by the Department.
Those regulations were legally adopted and promulgated, to become effective July 1. 1975. and are herein
published.

Legislative Declaration of Policy (Title 38, MRSA � 1302)
The Legislature declares it to be the policy of the State of Maine consistent with its responsibility to
protect the health. safety and welfare of its citizens, enhance and maintain the quality of the environment,
conserve natural resources and prevent water and air pollution, that it shall encourage solid waste programs,
public or private, which will reduce the volume of solid waste production, improve efforts to reuse and recover
valuable resources currently being wasted and which will not adversely affect the public health. safety and
welfare of the citizens nor degrade the environment.
The Legislature also finds and declares that economic. efficient and environmentally sound methods of
waste disposalare of the highest priority. Municipalities are generating increasing amounts of solid waste with no
systematic or consistent methods being used to reduce the volume of waste or to soundly dispose of it. Failure
to plan properly for future solid waste may further deplete already taxed natural resources and aggravate
environmental and public health problems resulting from present inadequate practices of resource recovery and
solid waste disposal.

3, Preamble
It shall be the purpose of the Department of Environmental Protection, consistent with declared
Legmslative Policy, to provide through these regulations. effective controls for the management of solid waste.
These regulations are intended to provide necessary health, safety and environmental controls, while at
the same time leaving available maximum alternatives for communities, alone or together, to manage solid waste
generated within the community. The regulations are intended to provide maximum flexibility to accommodate
such differences between Maine municipalities as are created by population. waste volume, and geograpiuc
location.
The Department will carry out its solid waste management responsibilities by providing to the maximum
of its resources educational, technical assistance, and other cooperative activity.

298

06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter 400 SOLID WASTE MANAGEMENT REGULATIONS

SUMMARY: These Rules outline the procedures and re-
quirements for gaining approval of a plan to operate
a solid waste facility including, landfillis, storage
and transfer facilities, incineration facilities and
resource recovery facilities. The rules apply to all
solid waste facilities, public and private, in oper-
ation after July 2, 1975. In addition new sites and
facilities significantly expanded after October 3,
1973 are required to have site location of develop-
ment approval.

297

1. Operating and safety procedures tor any area used /or temporary storage of junked vehicles, white
goods. dtc.
12. Schedule for removing junked cars. white goods. etc.:
13. Number of personnel and their speciic duties:
14. Fire prevention and fighting procedures;
1 5. Handling and disposal procedures for special wastes:
16. Fees:
17. Accounting procedures: and
18. Name responsibility for maintenance tof access roads.

W. Occurrence Reports
Within 48 hours of an unusual or unauthorized occurrence a written report shall be submitted to the
Department stating the nature of the occurrence. Reports shall be made for at least the following occurrences:
1. Bodily injury at the facility:
2. Health problems traced to the facility or suspected of being associated with the facility:
3. Fire:
4. Disposal of any hazardous waste not previously authorized;
5. The breakdown of equipment: and
6. Other unusual occurrences.

14. Conditional Operating Criteria for Facilities Serving Less Than 5,000 Persons

Upon receiving proper application the Board may authorize, by issuing a conditional use pernmit. the
disposal of domestic and commercial solid waste and small quantities of non-hazardous industrial waste, at
facilities serving less than 5,000 persons under the following reduced operating criteria. The Board may authorize
such reduced operating criteria only for those facilities which, because of their proper siting, provide adequate
protection to ground and surface waters. The Board may issue a conditional use permit authorizing reduced
operational criteria at a disposal facility only after the legislative body, Town Meeting or Council, of the town in
which the facility is located specifically approves the application for operation of the facility under reduced
operational criteria.

A. All normal domestic and commercial wastes shall be accepted.

B. Junked vehicles and white goods shall not be incorporated into the disposal area if a reprocessing center
is available. A separate storage area may be provided.

C. Salvaging shall be controlled - permits shall be issued by the facility administrators. Salvaging shall not
be allowed at the operating face.

311

D. An attendlant siiai be on duty during all operating hours.

E. All sites shall provide a method of cominunucation to emergency mniedical. fire and law cnforcemient
tacziites.

F. Fire Control Facilities shall be provided.

G. Fences and gates shall be installed to limit access to the sitc.

H. An area shall be provided for "hot loads": these loads shall be extinguished either by the attendant or
by the local tire department.

. The disposal area shalil be kept well drained. The base of the disposal area shall have a slope adequate
for drainage. This shall apply to the bottom of trenches if a trench method is to be utilized. No refuse shall be
placed tn surface water of' any type.

J. All weather access roads are required.

K. Litter fencing shall be provided as needed.

L. Operating records shall be kept by the operator. These should include estimates of refuse volume or
weight, or the rate at which available land is being used, occurrence of fires. need for vector control. equipment
maintenance or unusual financial expenditures. Such records shall be available to Department personnel.

M. Face width should maximize efficiency, being small enough to maintain, though large enough to handle
the traffic.

N. Equipment shall be provided to:
1. Compact the refuse in a series of layers, each layer not more than 2 feet thick before compaction,
the days aggregate of layers subject to daily cover requirements:
2. Handle the cover material;
3. Grade the base and cover:
4. Assist vehicles;
5. Build and maintain roads: and
6. Control dust and vectors.

0. Maintenance and backup equipment shall be provided within one week after a breakdown.

312

p, Fl.uiI April I througIl .Decumber 15 ill the .,outhelri zone and fruom April 16 through November 30 in
tile nortlhern zone daily cover shall be placed at the end of' each working day over the entire refuse cell to a
nunimum compacted thickness fl' at least 6 inches. The purpose of' daily cover is to minilnize rodent and other
vector pr[.obtleiIs a;ld to luIIIIIzlI/C tthe possibility of tires.

Q. Intermediate cover shall be placed to a minimum compacted thickness of one foot. including daily cover.
in cases where daily cover is exposed for more than 14 days. It shall meet the sane physical conditions as final
cover.

R. Final cover shall have a mninimum compacted thickness of 2 feet including any previous cover. It shall
be placed within 30 days of final refuse placement. Final cover shall minimize infiltration from surface water and
sha;ll inhibit settling. cracking and other erosion; final cover shall be well graded. containing a rmnimum of 15%
fines and compactable to a reasonably water shedding surface. The final cover shall prevent ponding of water at
the base of the disposal area and shall be placed in such a manner so to maintain a surface slope sufficient to
keep the surface well drained. The final grade of the side slopes shall not be greater than 3:1. The area shall be
seeded as soon as practical.

S. Between September 15 and November 15, a thorough rodent extermination program shall be executed
using a single dose of poison.

T. On a weekly basis from December 16 through March 31 in the southern zone and from December 1
through April 15 in the northern zone refuse shall be pushed into layers two feet thick and then compacted. The
aggregate of layers shall not exceed 8 feet in thickness before intermediate cover is placed.

U. Before April I in the southern zone and before April 15 in the northern zone. snow shall be pushed off
the refuse not already having final cover and intermediate cover shall be placed on all exposed refuse to a
thickness of I foot after compaction.

V. Operation Manual - An operation manual as described in item 408.22 shall be submitted for approval.

W. Occurrence Reports - Within 48 hours of an unusual or unauthorized occurrence a written report shall
be submitted to the Department stating the nature of the occurrence. Reports shall be made for at least the
following occurrences:
I, Bodily injury at the facility:
2. Health problems traced to the facility or suspected of being associated with the facility;
3. Fire;
4. Disposal of any hazardous waste not previously authorized;
5. The breakdown of equipment; and
6. Other unusual occurrences.

313

1 5. Conditional Operating Criteria for Facilities Receiving Less Than Ten Tons Per Week

A. \11 Llillc v Is Ic i' ellvm less i Iw I) t)ol per week i , all ed a etoi dlit)l al ulle permit to) operate unIdel the
il,w'vul_ retdtlutcdl 'p:Cilll, a ri.:li[rUa. tinilve, tlie Board o' l:utvilOrllllMI i Protectioll ul)(t1ldCs dllt upetlt ti nder
thile reduceJ d crltcrla v, ould lesult 1 IIn riclesed ellvirolilen(ia tllipa Ic On ground arid uriace waters. or would pose
d;ll'[ei tl public healh'1 and sltret

B. The :educed operalin,- criteria are outlined in sections 410.1 Ithrough 410. 19

C. Junked vehicles and white goods shall not be incorporated into the disposal area if a reprocessing center
is available. A separate storage area may be provided.

D. Salvaging shall be controlled -- permits shall be issued by the facility administrators. Salvaging shall not
be allowed at the operating face.

E. The facility may be open only two days consecutively on a weekly basis. Sites open for more than two
days per week do not qualify for these reduced operating criteria.

F. An attendant shall be on duty during all operating hours.

G. Fire control facilities shall be provided.

H. Fences and gates shall be installed to limit access to the site.

I. The disposal area shall be kept well drained. The base of the disposal area shall have a slope adequate
for drainage. This shall apply to the bottom of trenches if a trench method is to be utilized. No refuse will be
placed in surface water of any type.

J. Litter fencing shall be provided as needed.

K. Face width should maximize efficiency, being small enough to maintain. though large enough to handle
the traffic.

L. Equipment shall be provided to:
I . Compact the refuse in a series of layers. each layer not more than 2 feet thick before compaction.
thre aggregate of layers subject to cover requirements.

314

2. Ilmllle lc IC',: r Hnl cIl.l:
3. (lad� dic basc an.d cJuvcr
4. Assist schtcles:
5. Build and mnlalnlit: douds. and
6. Conitrol dust and vectLurs.

M. MNlantenance and backup equipment shall be provided within one week after a breakdown.

N. From April I through December 15 in the southern zone and fromn April 16 through November 30 In
the northern zone on a biweekly basis. the refuse shall be pushed into layers two t'eet thick. compacted and covered
with 6 inches of soil material having at least 15 percent fines.

0. Between September 15 and November 15, a thorough rodent extermination program shall be executed.
using a single dose poison.

p. Before December 15. all refuse deposited within that year must be covered to a total depth of I toot.
including previous cover. with soil material containing a minimum of 15% tines. well graded. and firee of cobbles
greater than 6 inches in diameter.

Q. From December 16 through March 31 in the southern zone and from December I through April 15 in
the northern zone refuse may be deposited at the facility without compaction or cover. The total liftheight
during this period shall not exceed 8 feet.

R. Before April 1 in the southern zone and before April 15 in the northern zone, snow shall be pushed off
uncovered refuse, the refuse shall be graded and compacted. the face shall be graded to a slope no steeper than
3:1 and compacted. and all uncovered refuse shall be covered by at least I foot of soil material containing a
ninimum of 15 percent fines, well graded. and free of cobbles.

S. Final cover shall have a Ininimium compacted thickness of 2 feet including any previous cover. It shall be
placed on areas of the site reaching final grade. Final cover shall miniiuze infiltration from surface water and
shall inhibit settling. racking and other erosion; final cover shall be well graded, containing a minimum of I 5c
tines and compactable to a reasonably water shedding surface. The final cover shall prevent ponding of water at
the base of the fill and shall be placed in such a manner so to maintain a surface slope sufficient to keep the
surface well drained. The final grade of the side slopes shall not be greater than 3:1. The area shall be seeded as
soon as practical.

T. Operation Manual - An operation manual as described in item 408.22 shall be submitted for approval.

U. Occurrence Reports - Within 48 hours of an unusual or unauthorlzed occurrence a written report siall

31 5

he -,thibiniiid to rthe Depart ittrit 'itaitii tile liatirc of IIIe OCCtrrllRiCe. RepollIN shlall he Illadc for at least [ilk!

B Iodily Iliu1% at tile cit
2. Health problems traced to the facility or suspected of being associated with tile facility:
3. Firc:
4 . Disposal of' anyv Iia/rdous waste not previously utuhoriz.ed.
5. Thle b rea kdo wn i oIL IJ(II Iqwen. dn d
6 . Other itt1ISuLJ OCLMLOurne.

1 6. Variance Procedures and Conditional Use Permits

A. Variance
Aw. peirsoll rtspoilsibic for solid waste activity may apply to tile Board for a Variance fromt feguiations
prkimulgared hiere in Thle application shall be accompanied by such informtiaon and data as thle Board may
reasonably require. The Board nay _grunt such variance for whatever period it deemns appropriate if it finds that:
1.Proposed activity will not endanger human health and safety:
2. Proposed activity reasonably ensures preservation of environmental quality: and
3 . Compliance with the rules and regulations from which a Variance is sought either:
1. Produces serious hardship, or
2. Would riot provide a greater degree of' health, safety, or crnvironimental protection than the
proposed alternative.

B. Conditional Use Permit

The Board, upon approving a variance, shall issue a Conditional Use Permit for the proposed activity.
Such a permit may include such conditions of location. design, and operation as the Board may reasonably
require. and mIay be grantied fot whatever time period the Board deemns appropriate.

C. Revocation of Permit

If tile COnStructiuoi. operation, and maintenance of the solid waste facility are not according to the terms
of the Conditional Use Permit, the permittee shall be given 30 days from the date of mailing of the violation
notice by the Cominnssioner to comply with the conditions of the Conditional Use Permit. The violation notice
shall be sent czertified mail. return receipt requested. If the operator fails to comply with the conditions of the
Conditional Use Permit within the 30 day period, the Board of Environmental Protection may' revoke the
Conditional Use Permut. In the event of an emergency. as determined by the Commissioner, lie may revoke the
Conditional Use Permit without giving the permitted 30 days to correct the deficiencies.

316~

OI(PERA\TIN(; C'MITIELRIA (ONIPAAISON
APPENDiXk
STANDARD CONDITIONAL CONDITIONAL
Over 5.000 Less Than 5.000 10 TonaWeek or Less
People Open Weekly 2 Day/Week Operation
i.All Nourmal Domenstic: .ad
C(11111ercial Wastes Ac:e pted YES YES YES
2. Junked Velicle & White
Gods Separate Area YES YES YES
3. Salvaging by Perarlits YES YES YES
4. Attendant - During All
Operating Hours YES YES YES
3'. Special Hazardous Waste Provision YES CONDITIONAL CONDITIONAL
b. Coninuunication With Fire
DQpt.. Mledical anld L. w YES YES NO
7. Fire Control Fuciitics
Shall Be Providcd YES YES YES
S. Fences & Cates YES YES YES
9. Final Grade Conipluince YES NO NO
10. Hot Load Area YES YES NO
Ii. Disposai Area .- Well Drained YES YES YES
I'. Litter Fencing as Needed YES YES YES
13. AiilWeather Access Road YES YES NO
14. Face Width Restricted YES YES YES
IS. Operating Records YES YES NO
16. Equipment Required YES YES YES
17. Maintenzict Backup Equipment 48 Hours I Week I Week
I&. Daily Covcr
All Year (every day) YES NO NO

Dec. 16-Ia rc1� YES YES (every 2 weeks)
i9. Intermediate Cover NO NO
(Every 14 Days) YES YES Once in spring,

20. Final covter once in fall
YES YES-wittlin 30 YES-as required
days of final
Refuse placement
21. operation Manual YES YES YES
22. Occurrence Reports YES YES YES

317

MAINE MINLR
CIVIL DIVISI(NS

ZONES

NORTHERN ZONE

*~SOuTHERN ZONE

.:. K -~~~31

BASIS STATEMENT: These Rules are intended to pro-
tect the public health, safety or welfare, enhance
and maintain the environment, conserve natural re-
sources and prevent water and air pollution by en-
couraging solid waste facilities that reduce the
volume of waste generated, improve efforts to reuse
and recover valuable resources.

AUTHORITY: 38 M.R.S.A. Section 1304

EFFECTIVE DATE: August 3, 1976
Amended April 3, 1976

319

06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter 420 REGULATIONS FOR SEPTIC TANK SLUDGE DISPOSAL ON LAND

SUMMARY: These Rules establish the "Maine Guidelines for
Septic Tank Sludge Disposal on Land" booklet as the basis
for reviewing applications seeking approval of sites for
for disposal of septic tank and cesspool materials. In
addition, provisions are made for applications, inspection of
sites, discontinuing sites and operation and maintenance of
sites.

320

i. !1"Maine Guidelines for Septic Tank Sludge Disposall g~t~lill!!l!''"l on Land"

The provisions of "Maine Guidelines for Septic Tank Sludge Disposal on Land'

The provisions of "Maine Guidelines for Septic Tank Sludge Disposal
on the Land" published by the Life Science and Agriculture Experiment
Station and the Cooperative Extention Service at the University of Maine
at Orono and the Maine Soil and Water Conservation Commission (Miscellane-
ous Report 155) will be used as criteria for review of applications seek-
ing approval of sites to be used for the disposal of septic tank and cess-
pool materials.

2. Size - Volume Considerations

The area needed for disposal shall be determined using the procedure
outlined under Suggestions for Site Selection Determination in the "Maine
Guidelines for Septic Tank Sludge Disposal on the Land."

3. Application for Site Approval

Application for site approval shall be made using the appropriate De-
partment of Environmental Protection form entitled Application for Depart-
ment of Environmental Protection Approval of Septic Tank Waste Disposal
Sites. Adequate soil and groundwater information shall be supplied to the
Department by submission with the application of a boring and test pit log
of surficial units to bedrock or groundwater, whichever comes first. Bor-
ing and test pit logs shall indicate adequately surficial units including
clay, silt, sand and gravel.

4. Inspection and Approval

Following receipt of the completed application for site approval, the
Department of Environmental Protection will inspect the site and determine
whether it should recommend approval or disapproval. The Department may
recommend disapproval of sites due to geological sensitivity such as
proximity to major aquifers, public water supplies and bedrock faults.

5. Reinspection

All sites are subject to reinspection by the Department at any time
and access for that purpose shall be provided.

321

I i 3 -~~~~~~~~~BN

6. Discontinuing Site

If the site for septic tank sludge disposal is permanently discon-
tinued it must be plowed under and revegetated within six (6) months. Any
deficiencies found which may have detrimental health or environmental
effects shall be corrected. The site shall be subject to inspection by
the Department 30 days after closing and again one (1) year after closing.

7. Disposal Rates

The maximum acceptable disposal rates for septic tank sludge on the
land shall be those rates listed in the "Maine Guidelines for Septic Tank
Sludge Disposal on the Land."

8. Health and Safety Precautions

Any and all health and safety precautions outlined in the "Maine
Guidelines for Septic Tank Sludge Disposal on the Land" shall be con-
sidered regulations of this Department. In those special cases where
compliance with these regulations proves not to be sufficient, additional
requirements may be imposed to provide protection to health, safety and
the environment.

9. Closinq of Wooded Sites0

A discontinued wooded site shall be properly posted and the public
excluded for a period of two years. Wooded sites need not be plowed or
reveg eta ted.

10 Siting Variance Procedures

Upon proper application from a person responsible for the disposal of
septic tank or holding tank sludge, the Board may, from a review of the
topography, surface water, groundwater conditions, soils, and geology,
grant a variance from the site approval regulations promulgated herein if
it finds that:

A. Use of the proposed site will not endanger human health and safety;
and
S. Use of the proposed site reasonably ensures preservation of environ-
mental quality.

11. Unlicensed Disoosal

It shall be illegal to dispose of septic tank or cesspool waste not
in accordance with these regulations.

322

12. Effective Date

After public notice and public hearing November 21, 1977
the above regulation is hereby adopted this 21st day of
December, 1977.

BASIS STATEMENT: These rules are inteded to pro-
tect the public health, safety and welfare as well
as the surface and ground water supplies of the
State of Maine.

AUTHORITY: 38 MRSA, Sections 343, 361, 1320,
1321, and 1322.

EFFECTIVE/DATE: August 3, 1976
Amended Date: February 8, 1978

323

06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter 430 REGULATIONS FOR MUNICIPAL TREATMENT PLANT SLUDGE DISPOSAL
ON LAND

SUMMARY: These Rules provide that the booklet titled "Maine
Guidelines for Municipal Sewage Treatment Plant Sludge Disposal
on the Land" will be used as the criteria for reviewing
applications seeking approval of municipal sewage treatment
plant sludge disposal sites. In addition provisions are made
for applications, reporting, inspections, closing and site
operations and maintenance.

324

1. Legal Authority

Pursuant to the authority contained in Section 1304 of Title 38 of the
Maine Revised Statutes, the Board of Environmental Protection, after due
notice and public hearing thereon, hereby adopts the following as regulations
governing municipal treatment plant sludge disposal on land. These regula-
tions are designed and shall be interpreted to encourage logical utilization
of recoverable resources, to minimize pollution of the state's air, land and
water resources, to prevent the spread of disease or other health hazards,
to prevent contamination of drinking water supplies and protect public
health and safety.

2. Use of "Maine Guidelines for Municipal Sewage Treatment Plant Sludge
Disposal on the Land"

The provisions of Maine Guidelines for Municipal Sewage Treatment Plant
Sludge Disposal on Land, published by the Life Science and Agriculture
Experiment Station and the Cooperative Extension Service at the University
of Maine at Orono and the Maine Soil and Water Conservation Commission
(Miscellaneous Report, April 1975) will be used as criteria for review of
applications seeking approval of municipal sewage treatment plant sludge
disposal sites.

3. Size-Volume Considerations

The area needed for disposal shall be determined using the procedure
outlined in the Maine Guidelines for Municipal Treatment Plant Sludge
Disposal on the Land for the appropriate type of sludge.

4. Appli cations

Application for site approval shall be made using the appropriate
Department of Environmental Protection form entitled Application for
Department of Environmental Protection approval of Municipal Treatment Plant
Sludge Disposal Sites. Adequate soil and groundwater information shall be
supplied to the Department by submission with the application of boring and
test pit log using the unified soil classification of surficial units to
bedrock, or groundwater, whichever comes first. Boring and test pit logs
shall indicate adequately surficial units including clay, silt, sand and
gravel.

S. Inspection and Approval

Following receipt of the completed application for site approval, the
staff of the Department of Environmental Protection will inspect the site
and will forward recommendations to the Board of Environmental Protection
which will decide whether it shall be approved or disapproved. The Depart-
ment may disapprove sites for such reasons as excessively high groundwater,

325

shallow to bedrock soils, excessive permeability, excessive slope, or
insufficient distances from aquifers, potable water supplies, or classified
bodies of water.

6. Reinspection

All sites are subject to reinspection by the Department at any time.

7. Closing Sites

If the site for municipal treatment plant sludge disposal is permanently
discontinued, it must be closed according to the following plan, based upon
the method of disposal used:

A. Sites where field spreading has taken place must be plowed and
revegetated.

B. Sites where composting has been the method of disposal used must
be cleaned of all debris left from the composting process, and must be
plowed and revegetated if possible.

C. Sites where trenching has taken place must be revegetated.

D. Sites on which lagoon have been used must be closed according to
the Regulations for the Discontinuance of Wastewater Treatment Lagoons as
required by the Department.

Any deficiencies found which may have detrimental health or environmental
effects shall be corrected. The site shall be subject to inspection by
the Department at any time for two years after the date on which it was
closed. Any site closed must be reported to the Department in writing
within ten days of the closing date.

8. Disposal Rates

The maximum acceptable disposal rate for municipal sewage treatment
plant sludge disposal on the land shall be dependent on the heavy metal
content and/or the Nitrogen content of the sludge being disposed of.
(Reference pages 19-21 of Maine Guidelines for Municipal Sewage Treatment
Plant Sludge Disposal on the Land. If the heavy metal content of the
sludge is not the significant parameter determining disposal rate, the
disposal rate shall be determined from the pro-rated Nitrogen loadings for
the specific soils type found on the disposal site and also from the specific
analysis of the sludge being disposed.

326

9. pH Control

Soils composing a disposal site for municipal sewage tr'ea tment, plant
sludge must have a pH of 6.5 by the end of the first year of the disposal
sites use, or such time as deemed practical by the Department.

10. Chemical Composition Reporting

The treatment plant using a sewage treatment plant sludge disposal
site must furnish a chemical analysis as to the chemical composition of
all sludges being disposed of on the applicant's site quarterly. This
report will contain the data requested by the Department for each site
stating specifically the heavy metals, Nitrogen, and percent solids con-
centrations and such other parameters as requested by the Department.

11. Health and Safety Precautions

Any and all health and safety precautions outlined in the Maine
Guidelines for Municipal Sewage Treatment Plant Sludge Disposal on the Land
are incorporated herein by reference and shall be considered regulations of
this Department. In those special cases where in the judgement of the
Board of Environmental Protection, compliance with these guidelines will
not be sufficient, additional requirements may be imposed.

12. Violations

Any person violating any provision of Chapter 13 of Title 38 of the
Maine Revised Statutes or of these rules or regulations shall be punished
by a fine of not more than $500 for each day a violation exists. The
Superior Court shall have jurisdiction to enjoin any violation of this
chapter or the rules and regulations promulgated thereunder.

Done and Dated this 25th day of February 1976.

BASIS STATEMENT: These Rules are intended to provide for
the logical utilization of recoverable resources, to minimize
pollution of surface and groundwaters and to protect the
public health, safety and welfare.

AUTHORITY: 38 M.R.S.A. Section 1304

EFFECTIVE DATE: April 21, 1976

327