A.
License Qualification. After accepting a renewal application as complete
for processing, the Department shall approve an overboard waste discharge
license only if all of the following criteria are met.
(1) A publicly owned sewer line is not
located on or abutting land owned or controlled by the applicant or is not
available for the applicant's use.
(2) A subsurface wastewater disposal system
cannot be installed in compliance with the Subsurface Rules, 10-144 CMR 241, on
land owned or controlled by the applicant. Or, a subsurface wastewater disposal
system can be installed on land owned or controlled by the applicant and the
applicant is eligible for grant funding pursuant to 38 M.R.S.A §411-A but
no funding is available.
(2) The
discharge is not located within the boundaries of a sanitary or sewer district
and the district has not agreed to service and maintain a holding tank at an
annual fee that does not exceed those fees charged to other similar users of
the district's services who are physically connected to the sewers of the
district.
(3) The discharge is a
year round discharge as determined by Section 6(C) of this chapter, a
commercial discharge, or does not meet the criteria in Section 9(A)(2) of this
chapter.
(4) The volume or quantity
of waste water that is discharged does not exceed the authorized volume or
quantity as determined according to Section 6(B) of this chapter.
(5) The number of months during which the
discharge occurs does not exceed the authorized number of months as determined
according to Section 6(C) of this chapter.
(6) The receiving water is not:
(a) A Class GPA, AA, A, or SA
water;
(b) A tributary to Class GPA
water; or
(c) A waterbody with a
drainage area of less than 10 square miles,
unless it is demonstrated to the Department's satisfaction
that no alternative to the discharge exists.
(7) The discharge meets the requirements of
Maine's Pollution Control Laws 38 M.R.S.A. §414-A, and
Maine's Water Classification Laws 38 M.R.S.A. §§464
to 469.
(8) The discharge receives
best practicable treatment consistent with requirements in Section 9 of this
chapter.
B.
Prohibited Increases. No increase in the volume or quantity of overboard
discharges will be permitted beyond that in continuous existence for the 12
months preceding June 1, 1987 or that which was previously licensed, whichever
is less as determined by the Department pursuant to Section 6(B) of this
chapter.
C.
Disqualification
of Increases. The Department may only renew a waste discharge license if
the applicant demonstrates compliance with Section 5(A) of this chapter. The
Department may issue a waste discharge license for the allowable discharge and
may require the removal of any non-compliant portions of the
discharge.
D.
Treatment
System Installation. A waste discharge license may not be renewed unless
the licensed wastewater treatment facilities are constructed and operable.
