§ 38 §464 — Classification of Maine waters

The waters of the State shall be classified in accordance with this article.
1.
Findings; objectives; purpose.
The Legislature finds that the proper management of the State's water resources is of great public interest and concern to the State in promoting the general welfare; in preventing disease; in promoting health; in providing habitat for fish, shellfish and wildlife; as a source of recreational opportunity; and as a resource for commerce and industry.
2.
Procedures for reclassification.
Reclassification of state waters shall be governed by the following provisions.
2-A.
Removal of designated uses; creation of subcategories of designated uses.
Removal of designated uses and creation of subcategories of designated uses are governed by the provisions of this subsection and 40 Code of Federal Regulations, Part 131, as amended.
2-B.
Temporary removal of designated uses; use attainability analysis and creation of subcategory of uses for combined sewer overflows.
When designated uses are not being met as a result of combined sewer overflow discharges, the board may, consistent with this subsection and 40 Code of Federal Regulations, Part 131, temporarily remove designated uses that are not existing uses and create a temporary combined sewer overflow subcategory referred to as a CSO subcategory. Notwithstanding this subsection, it remains the goal of the State to fully maintain and restore water quality and eliminate or control combined sewer overflows as soon as practicable.
3.
Reports to the Legislature.
The commissioner or the board, as applicable, shall periodically report to the Legislature as follows.
4.
General provisions.
The classification system for surface waters established by this article shall be subject to the following provisions.
5.
Rulemaking.
In accordance with the Maine Administrative Procedure Act, the board shall promulgate rules necessary to implement the water quality classification system established by this article. In promulgating rules, the board shall solicit and consider, in addition to any other materials, information on the economic and environmental impact of those rules.
6.
Implementation of biological water quality criteria.
The implementation of water quality criteria pertaining to the protection of the resident biological community shall be governed by the provisions of this subsection.
7.
Interdepartmental coordination.
The commissioner, the Commissioner of Marine Resources and the Commissioner of Health and Human Services shall jointly:
8.
Development of group systems.
Subject to the provisions of section 414‑A, subsection 1‑B, the commissioner shall coordinate the development and implementation of wastewater treatment and disposal systems serving more than one residence or commercial establishment when individual replacement systems are not feasible.
9.
Existing hydropower impoundments managed as great ponds; habitat and aquatic life criteria.
9-A.
Existing hydropower impoundments managed as great ponds; habitat and aquatic life criteria.
The following provisions govern habitat and aquatic life criteria for existing hydropower impoundments managed as great ponds.
10.
Existing hydropower impoundments managed under riverine classifications; habitat and aquatic life criteria.
For the purposes of water quality certification under the Federal Water Pollution Control Act, Public Law 92-500, Section 401, as amended, and the licensing of modifications under section 636, hydropower projects in existence on the effective date of this subsection, the impoundments of which are classified under section 465, are subject to the provisions of this subsection in recognition of some changes to aquatic life and habitat that have occurred due to the existing impoundments of these projects.
11.
Downstream stretches affected by existing hydropower projects.
Hydropower projects in existence on the effective date of this subsection that are located on water bodies referenced in section 467, subsection 4, paragraph A, subparagraphs (1) and (7), and section 467, subsection 12, paragraph A, subparagraphs (7) and (9) are subject to the provisions of this subsection.
12.
Discharges from certain fish hatcheries.
An unlicensed discharge from a fish hatchery is considered, and continues to be considered after it is licensed pursuant to section 413, the same as a discharge licensed prior to January 1, 1986 for the purposes of subsection 4, paragraph A, subparagraph (1); section 465, subsection 2, paragraph C; and section 465‑A, subsection 1, paragraph C if the following conditions are met:
13.
Measurement of dissolved oxygen in riverine impoundments.
Compliance with dissolved oxygen criteria in existing riverine impoundments must be measured as follows.

Legislative History

PL 1985, c. 698, §15 (NEW). PL 1987, c. 180, §§4,5 (AMD). PL 1987, c. 419, §10 (AMD). PL 1987, c. 567 (AMD). PL 1989, c. 309, §2 (AMD). PL 1989, c. 442, §§4-6 (AMD). PL 1989, c. 764, §1 (AMD). PL 1989, c. 856, §§6,7 (AMD). PL 1989, c. 878, §B40 (AMD). PL 1989, c. 890, §§A40,B54-60 (AMD). PL 1991, c. 66, §§A12,13,B1 (AMD). PL 1991, c. 66, §A43 (AFF). PL 1991, c. 159 (AMD). PL 1991, c. 813, §§A1,B1,C1, D1 (AMD). RR 1993, c. 1, §§113,114 (COR). PL 1993, c. 40, §1 (AMD). PL 1993, c. 344, §§1,2 (AMD). PL 1995, c. 284, §1 (AMD). PL 1995, c. 312, §1 (AMD). PL 1997, c. 794, §A30 (AMD). PL 1999, c. 720, §1 (AMD). PL 2003, c. 245, §7 (AMD). PL 2003, c. 246, §14 (AMD). PL 2003, c. 257, §1 (AMD). PL 2003, c. 318, §2 (AMD). PL 2003, c. 551, §6 (AMD). PL 2003, c. 650, §3 (AMD). PL 2003, c. 689, §B7 (REV). PL 2005, c. 159, §§1,2 (AMD). PL 2005, c. 182, §1 (AMD). PL 2007, c. 291, §1 (AMD). PL 2011, c. 194, §3 (AMD). PL 2013, c. 193, §1 (AMD). PL 2015, c. 124, §6 (AMD). PL 2017, c. 319, §§2, 3 (AMD). PL 2021, c. 503, §1 (AMD). PL 2021, c. 551, §§3-8 (AMD). RR 2021, c. 2, Pt. A, §130 (COR). PL 2023, c. 646, Pt. A, §46 (AMD).