§ 38 §424-A — Coordination for addressing water quality problems related to subsurface waste water disposal systems in shellfish growing areas

1.
Definitions.
For purposes of this section, the following terms have the following meanings:
2.
Notification to municipality.
If the department or the Department of Marine Resources identifies a violation of a bacteria or toxics standard that is reasonably believed to have resulted in whole or in part from one or more malfunctioning systems and is contributing to closure of a shellfish area, the agency shall notify the municipality.
3.
Inspection.
If the department or the Department of Marine Resources has notified a municipality pursuant to subsection 2, and by mutual agreement inspections are not to be conducted by the department, the Department of Marine Resources or the municipality, the system or systems must be inspected and an abatement order issued and enforced according to the procedures in this subsection.
4.
Abatement orders.
If a system is determined to be malfunctioning, the municipality shall issue an abatement order pursuant to Title 30‑A, section 3428 to the owner of the property and send a copy of the abatement order to the department.
5.
Enforcement of abatement order.
This section is enforced primarily at the local level pursuant to Title 30‑A, section 4452. In addition to and in coordination with enforcement of the abatement order by the municipality under subsection 4, the department and the Department of Health and Human Services may enforce an abatement order.
6.
Rules.
The department in coordination with the Department of Health and Human Services and the Department of Marine Resources may adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.

Legislative History

PL 2007, c. 568, §8 (NEW).