§ 38 §451-A — Time schedule variances

1.
Power to grant variances.
The department may grant a variance from any statutory water pollution abatement requirement, pursuant to section 414‑A, subsection 1, paragraph D, to any municipality or quasi-municipal entity, hereinafter called the "municipality," upon application by it. The department may grant a variance only upon a finding that:
1-A.
Time schedule for salt and sand-salt storage program.
An owner or operator of a salt or sand-salt storage area is not in violation of any groundwater classification or reclassification adopted on or after January 1, 1980 with respect to discharges to the groundwater from those facilities, if the owner or operator has completed all steps required to be completed by the schedules set forth in this subchapter. The commissioner shall administer this schedule according to the project priority list adopted by the board pursuant to section 411 and the provisions of this subsection. A municipal or county site classified as Priority 4 or Priority 5 as of April 1, 2000, which was registered pursuant to section 413 prior to October 15, 1997, is not in violation of any groundwater classification or reclassification with respect to discharges to the groundwater from those facilities.
1-B.
Department of Transportation storage areas.
A sand and salt storage area owned by the Department of Transportation and registered prior to October 1, 1999 is not in violation of a groundwater classification or reclassification adopted on or after January 1, 1980 with respect to discharges of groundwater from that area if:
2.
Exemptions.
Any person, other than a municipality, maintaining a discharge subject to the requirements of sections 413, 414 and 414‑A is exempt from the requirements of section 414‑A, subsection 1, paragraph D, 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 connect to the existing or planned municipal sewage system immediately 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 downgrading the receiving waters so as to make them unsuitable for currently existing uses. For the purpose of this section, a "new discharge" is a discharge that commences or a discharge that changes characteristics or increases licensed volume by more than 10% on or after October 1, 1975.
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 immediately cease or shall only discharge in accordance with the standards of best practicable treatment specified in section 414‑A, subsection 1, paragraph D, and all other requirements of sections 414 and 414-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 municipal system pursuant to any requirement of state or federal law, the pretreatment system shall be installed upon commencement of the discharge.
5.
Fees.
Municipalities and quasi-municipal entities shall assess and collect the fees to be charged pursuant to this section in accordance with the provisions of chapter 11, and Title 30‑A, chapters 161 and 213.
6.
Power to grant variances to owners of private dwellings.
7.
Power to grant variances to owners of a single family dwelling.

Legislative History

PL 1973, c. 423, §8 (NEW). PL 1975, c. 209 (RPR). PL 1975, c. 700, §§1,2 (AMD). PL 1977, c. 185 (AMD). PL 1977, c. 564, §§138,139 (AMD). PL 1983, c. 566, §§26-29 (AMD). PL 1985, c. 162, §6 (AMD). PL 1987, c. 180, §3 (AMD). PL 1987, c. 192, §§14,15 (AMD). PL 1987, c. 492 (AMD). PL 1987, c. 737, §§C88,C89, C106 (AMD). PL 1987, c. 769, §A176 (AMD). PL 1989, c. 6 (AMD). PL 1989, c. 9, §2 (AMD). PL 1989, c. 104, §§C8,C10 (AMD). PL 1989, c. 890, §§A40,B51,52 (AMD). PL 1989, c. 926, §1 (AMD). PL 1991, c. 9, §II5 (AMD). PL 1991, c. 622, §X13 (AMD). PL 1991, c. 824, §A86 (AMD). PL 1993, c. 54, §1 (AMD). PL 1999, c. 387, §5 (AMD). PL 2003, c. 502, §2 (AMD). PL 2013, c. 523, §3 (AMD). PL 2015, c. 329, Pt. A, §23 (AMD).