§ 38 §413 — Waste discharge licenses

1.
License required.
No person may directly or indirectly discharge or cause to be discharged any pollutant without first obtaining a license therefor from the department.
1-A.
License required for surface wastewater disposal systems.
No person may install, operate or maintain a surface wastewater disposal system without first obtaining a license therefor from the department, except that the department may exempt or license by rule categories of storm water discharges to groundwater when the discharges will not have a significant adverse effect on the quality or classification of waters of the State. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A unless the rules are incorporated as amendments to existing rules that are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A.
1-B.
License required for subsurface wastewater disposal systems.
A license to install, operate or maintain a subsurface wastewater disposal system is governed as set forth in this subsection.
2.
Exemptions.
A person is not considered in violation of this section for the discharge of rock, sand, dirt or other pollutants resulting from erosion related to agricultural activities, subject to the following conditions.
2-A.
Exemptions; pesticide permits.
2-A.
Exemptions.
2-A.
Exemptions; pesticide permits.
2-B.
Exemptions; snow dumps.
The department may by rule license categories of snow dumps when the activity would not have a significant adverse effect on the quality or classifications of the waters of the State, except there may be no snow dumps directly into the fresh surface waters of the State.
2-C.
Dredge spoils.
Holders of a permit obtained pursuant to the United States Clean Water Act, Public Law 92-500, Section 404, are exempt from the need to obtain a waste discharge license for disposal of dredged material into waters of the State when the dredged material is disposed of in an approved United States Army Corps of Engineers disposal site. Disposal of all dredged materials is governed by the natural resource protection laws, sections 480‑A to 480‑S.
2-D.
Exemptions; road salt or sand-salt storage piles.
The commissioner may exempt any road salt or sand-salt storage area from the need to obtain a license under this section for discharges to groundwaters of the State when the commissioner finds that the exempt activity will not have a significant adverse effect on the quality or classifications of the groundwaters of the State. In making this finding, the commissioner's review must include, but is not limited to, the location, structure and operation of the storage area.
2-E.
Exemptions; pesticide permits.
2-F.
Exemption; aquaculture.
Until the State receives authority to grant permits under the Federal Water Pollution Control Act, 33 United States Code, 1982, a person may not be considered in violation of this section if:
2-G.
Exemptions; oil and hazardous substances spill response.
A license is not required under this section for the following discharges:
3.
Transfer of ownership.
Application for transfer of a license must be made no later than 2 weeks after the transfer of ownership or interest in the source of the discharge is completed. If a person possessing a license issued by the department transfers the ownership of the property, facility or structure that is the source of a licensed discharge, without transfer of the license being approved by the department, the license granted by the department continues to authorize a discharge within the limits and subject to the terms and conditions stated in the license, except that the parties to the transfer are jointly and severally liable for any violation until such time as the department approves transfer or issuance of a waste discharge license to the new owner. The department may in its discretion require the new owner to apply for a new license, or may approve transfer of the existing license upon a satisfactory showing that the new owner can abide by its terms and conditions.
3-A.
Transfer of ownership, significant expansion, division and public sewer connection.
Beginning September 1, 2010, if property containing an overboard discharge is transferred or a significant action is proposed, the following procedures apply. For purposes of this subsection, "significant action" means a single construction project performed on a primary residence with an overboard discharge when the total material and labor cost of the construction project exceeds 100% of the median household income as specified in section 411. "Significant action" does not include construction that makes the residence accessible to a person with a disability who resides in or regularly uses the residence or reconstruction performed in response to an event beyond the control of the owner, such as a hurricane, flood, fire or the unanticipated physical destruction of the residence.
4.
Conditions for licensing.
5.
Registration of discharges exempted from licensing.
6.
Unlicensed discharge.
If after investigation the commissioner finds any unlicensed discharge, the commissioner may notify the Attorney General of the violation without recourse to the hearing procedures of section 347‑A. 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 department may grant to a licensee a permit to construct, maintain and operate any facilities necessary to comply with the terms of that license in, on, above or under tidal waters or subtidal lands of the State. This permit may be issued upon such terms and conditions as the department determines necessary to insure that the facilities 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 department may find necessary, to insure removal of such facilities. In the event that the facilities are no longer necessary in order for the licensee or successor thereof to comply with the terms of its license, the department may, after opportunity for notice and hearing, require the licensee or successor to remove all or any portion of the facilities from the tidal waters or subtidal lands. This removal may be ordered if the department determines that maintenance of the 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 this removal will not create an undue economic burden on the licensee or successor.
8.
Treated wastewater.
9.
Emergency public water utility license.
10.
Marine aquaculture projects.
After the State receives authority to grant permits under the Federal Water Pollution Control Act, 33 United States Code, 1982, the department may issue to an owner of a marine aquaculture project a license for the discharge of pollutants to those waters only if the following conditions are satisfied:
11.
Mercury.
A facility discharging mercury into the waters of the State shall make reasonable progress to develop, incorporate and continuously improve pollution prevention practices and implement future economically achievable improvements in wastewater technology in order to reduce that facility's dependence upon mercury products, reduce or remove discharges of mercury over time and help in the restoration of the waters of the State. The department shall establish and may periodically revise interim discharge limits, based on procedures specified by rule, for each facility licensed under this section and subject to this subsection in order to reduce the discharge of mercury over time and achieve the ambient water quality criteria established in section 420, subsection 1‑B. Notwithstanding section 420, subsection 1‑B or section 464, subsection 4, paragraph F, a facility discharging mercury shall at all times meet the interim limits established under this subsection.
12.
Sampling for perfluoroalkyl and polyfluoroalkyl substances.
Notwithstanding section 414‑A or any other provision of law to the contrary, the department by written notification may require a person licensed by the department to discharge wastewater to groundwater or any waters of the State to sample the effluent discharged for perfluoroalkyl and polyfluoroalkyl substances and to report the sample data to the department. Upon receipt of the written notification and as directed by the department, the person shall conduct the required sampling of the effluent for perfluoroalkyl and polyfluoroalkyl substances and report the sample data to the department.
13.
Landfill leachate; reporting.
Notwithstanding section 414‑A or any other provision of law to the contrary, a person licensed by the department to discharge wastewater to groundwater or any waters of the State shall maintain a record of and annually report to the department in a manner determined by the department regarding the origin, volume and final disposition of leachate collected from a solid waste landfill delivered to or otherwise accepted by the licensee for treatment or other management.

Legislative History

PL 1969, c. 499, §9 (AMD). PL 1971, c. 461, §3 (AMD). PL 1971, c. 618, §12 (AMD). PL 1973, c. 139 (AMD). PL 1973, c. 450, §§7-10 (AMD). PL 1973, c. 788, §§208,209 (AMD). PL 1975, c. 770, §209 (AMD). PL 1977, c. 271, §4 (AMD). PL 1977, c. 300, §16 (AMD). PL 1977, c. 373, §32 (AMD). PL 1979, c. 281, §3 (AMD). PL 1979, c. 296, §2 (AMD). PL 1979, c. 380, §2 (AMD). PL 1979, c. 444, §3 (AMD). PL 1979, c. 472, §13 (AMD). PL 1979, c. 541, §§B69,B70 (AMD). PL 1979, c. 663, §229 (AMD). PL 1983, c. 566, §§16,17 (AMD). PL 1985, c. 479, §4 (AMD). PL 1987, c. 235 (AMD). PL 1987, c. 318, §3 (AMD). PL 1987, c. 372 (AMD). PL 1987, c. 394, §1 (AMD). PL 1987, c. 769, §§A172-A175 (AMD). PL 1989, c. 656, §1 (AMD). PL 1989, c. 890, §§A40,B28 (AMD). PL 1993, c. 333, §1 (AMD). PL 1995, c. 493, §2 (AMD). PL 1995, c. 493, §21 (AFF). PL 1997, c. 794, §§A12-18 (AMD). PL 1999, c. 387, §4 (AMD). PL 2001, c. 418, §1 (AMD). PL 2003, c. 246, §6 (AMD). PL 2003, c. 502, §1 (AMD). PL 2003, c. 551, §5 (AMD). PL 2003, c. 689, §B6 (REV). PL 2005, c. 219, §§1,2 (AMD). PL 2007, c. 292, §18 (AMD). PL 2009, c. 654, §§3, 4 (AMD). PL 2011, c. 121, §§1, 2 (AMD). PL 2021, c. 641, §1 (AMD). PL 2025, c. 44, §10 (AMD). PL 2025, c. 172, §1 (AMD).