Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 594 - STATE CONTRIBUTION TO OVERBOARD DISCHARGE REPLACEMENT PROJECTS
Section 096-594-1 - Definitions

A. Applicant. An "applicant" is a person, a municipality, a quasi-municipal organization, or county commissioners acting on behalf of an unorganized township or plantation.

B. Commercial establishment. A ''commercial establishment" is a building primarily used for the purposes of trade or commerce, a non-profit organizational endeavor, or a municipal or quasi-municipal government purpose.

C. Construction costs. "Construction costs" for the purposes of grants madeunder this chapter mean costs associated with the installation of the wastewater disposal system up to and including connections through the foundation wall, as necessary. If a replacement system cannot be installed on property owned or controlled by the applicant, and the Department determines it necessary to carry out the overboard discharge removal, then easement or land acquisition costs and associated legal fees necessary for the installation, operation, maintenance and replacement of an approved replacement system may be included, provided that these costs are not prohibited by any applicable Federal rules or laws.

D. Individually administered project. An "individually administered project" is a project to remove an overboard discharge in which the owner of the overboard discharge acts as the grant applicant and is responsible for the implementation and completion of the project.

E. Multiple use property. A "multiple use property" is a building or buildings with combined uses defined separately as a "commercial establishment", "residential rental property", or "single family dwelling".

F. Overboard discharge. For the purposes of these rules an "overboard discharge" is a licensed discharge to the surface waters of the State of domestic pollutants not conveyed to and treated in municipal or quasi-municipal sewerage treatment facilities from a property that has a valid or expired waste discharge license issued by the department.

G. Public nuisance condition. A ''public nuisance condition" means an existing overboard discharge to a receiving water that is:

H. Residential rental property. A "residential rental property" is a building or buildings that are rented or leased for residential use for at least six months of the year and do not meet the definition of a "commercial establishment".

I. Replacement system. A "replacement system" means a wastewater disposal system installed in accordance with Chapter 241, Subsurface Wastewater Disposal Rules of the Department of Health and Human Services effective October 1, 2002or connection to a public sewerage treatment facility.

J. Shellfish harvesting area. A "shellfish harvesting area" is an area where shellfish, including any species of clams, quahogs, mussels or oysters are or may be located, including known productive areas; areas where shellfish may be found; habitat where it is reasonable to assume shellfish may be found in the future; and areas where shellfish may be stored (wet storage), processed or cultivated, as determined by the Department of Marine Resources.

K. Single family dwelling. A "single family dwelling" is a human habitation occupied continuously or seasonally by the property owners that does not meet the definitions of "commercial establishment" or "residential rental property".

L. Town administered project. A "town administered project" is a project to remove one or more overboard discharges in which the municipal, quasi-municipal, or county government acts as the grant applicant and is responsible for the implementation and completion of the project.