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An Act Amending Laws on Water Pollution Control (LD 1300 / HP1109)

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An Act Amending Laws on Water Pollution Control (LD 1300 / HP1109) MAINE STATE LEGISLATURE The following document is provided by the LAW AND LEGISLATIVE DIGITAL LIBRARY at the Maine State Law and Legislative Reference Library http://legislature.maine.gov/lawlib Reproduced from scanned originals with text recognition applied (searchable text may contain some errors and/or omissions) Transmitted by Director of Legislative Research pursuant to joint order. NINETY-SEVENTH LEGISLATURE Legislative Document No. 1300 H. P. IIOC) House of Representatives, March IS. 1955 Referred to Committee on Natural Resources, sent up for concurrence and 1,000 copies ordered printed. HARVEY R. PEASE, Clerk. Presented by Mr. Beal of Lisbon. STATE OF MAINE IN THE YEAR OF OUR LORD NINETEEN HUNDRED FIFTY-FIVE AN ACT Amending Laws on Water Pollution Control. Be it enacted by the People of the State of Maine, as follows: Sec. I. R. S., c. 79, § I, amended. The 1st sentence of section I of chapter 79 of the revised statutes is hereby amended to read as follows: 'The Water Improvement Commission, as heretofore established and herein­ after in this chapter called the "Commission," shall consist of the Commissioner of Health and Welfare who shall serve during his term of office and 8 8 mem­ bers appointed by the Governor with the advice and consent of the Council, 2 of whom shall represent manufacturing interests of the State, 2 of whom shall be representatives of municipalities fffi4, 2 of whom shall represent the public generally and 2 of whom shall represent the conservation interests in the State.' Sec. 2. R. S., c. 79, § I, amended. Section I of chapter 79 of the revised statutes is hereby amended by adding at the end thereof a new paragraph to read as follows: 'The Commission shall make recommendations to each Legislature with re­ spect to abatement of pollution of the rivers, waters and coastal flats and sections thereof within the State for the purpose of raising the classifications thereof to the highest possible classification; such recommendations to relate to methodis, costs and the setting of time limits for compliance.' Sec. 3. R. S., c. 79, § I-A, additional. Chapter 79 of the revised statutes is hereby amended by adding thereto a new section, to be numbered I-A, to read as follows: 'Sec. I-A. Authority to accept federal funds. The Department of Health and Welfare shall have authority to accept the provisions of any federal law now :2 LEGISLATIVE DOCu:,lE~T No. 1300 in effect or hereafter enacted which makes federal funds available for water pol­ lution control and to meet such federal requirements with respect to the admini­ stration of such funds as are required as conditions precedent to receiving fed-. eral funds. The Treasurer of State shall be the appropriate fiscal officer of the State to receive federal grants on account of water pollution control and the State Controller shall authorize expenditures therefrom as approved by the Department of Health and Welfare.' Sec. 4. R. S., c. 79, § 2, amended. Section:2 of chapter 7() of the revised statutes is hereby amended to read as follows: ·Sec. 2. Standards of classification. The Commission shall ha ye -J. standards f or the classification of surface waters and tidal fiats. Class A shall be the highest classification and shall be of such Cjuality that it can be used for bathing and for public water supplies after disinfection, and the dissolved oxygen content of such waters shall not be less than 75% saturation and contain not more than IOO coliform hacteria per LOO milliliters. There shall be no discharge of sewage or other wastes into water of this classification and no deposits of such l1laterial on the hanks of such waters in such a manner that transfer of the material into the waters is likelv. Such waters may be used for log driving or other commercial purposes which ~will not lower its classification. ~ .:g 4iH+ #@ -H;.e 5€€OI'lS higfle§lt ~~tt fttt4 -H;.e ~~4 ~tt €ontel'lt ~ ~ ~ ~ ~ #@ ~ #t;;ttt n-%- "ahiFatiol'l ~ ~l'ltttiA fl+l4o ~ +fl.a.tt 38e eolifoFI'H: 8aeteFitl 1*'T +ee l'l'l:il1ilit~. +fl.el'e ~ #@ fl# sis)'losal ~ .Je'" age ~ ~ ~ ~ ~ tt ~wttge tFeatraeHt ~ wi-#T disiHfeeted ~fl4o, B:tt4 _ di?JflOS&l ~ ~ ~€-!'r ~­ ~ ~ #ttt+ wt++ ~ ~ -H;.e ela§uiil.€ation ~ ~ 'I>¥B:~ ~ #@ iAjtiFiotis ~ aEjtiatie +t+e ~ 1'e-tt4e¥ ~ ~1'tgeFOtiS ~ hUffial'l eOAs:I1'Hfltiol'l * eOI'H:I't'lol'lly " ... ~. ¥CrtlteFS ~ tflffi ~ ~ #@ €,6liDidefed &eeeptl181e ~ feeYe&tioRtll f"tH"­ ~ tttt4, ~ tlseE[tiate tFeatfAellt, +- _ a." a ~ ~ stifJfJl) . Class B, the second highest classification, shall be divided into 2 designated groups as B-1 and B-2. B-1. Waters of this class shaH be considered the higher quality of the Class B group and shall be acceptable for recreational purposes and after adeqUlate treatment for use as a potable water supply. The dissolved oxygen of such wa­ ters shall be not less than 75% of saturation and contain no more than 300 coli­ form bacteria per 100 milliliters. There shall be no disposal of sewage or industrial wastes in such waters except those which have received adequate treatment to prevent lowering of the stand­ ards for this classification, nor shall such disposal of sewage or waste be injuri­ ous to aquatic life or render such dangerous for human consumption. B-2. Waters of this class shall be acceptable for recreational boating, fishing, industrial and potable water supplies after adequate treatment. The dissolved oxygen of such waters shall not be less than 75% of saturation and contain no more than 1,000 coliform bacteria per 100 milliliters. LEGISLATIVE DOCUl\IEXT Xo. 1300 3 There shall be no disposal of sewage or industrial waste in such waters to lower its classification nor shall such disposal of sewage or waste be injurious to aquatic life or dangerous for human consumption. Class C, the third highest classification, shall be of such a quality as to be satisfactory for recreational boating, fishing and other uses except potable water supplies and swimming. ~ ~ ~, -H+e #ttt-4 fti~R6Jt Waters of this classification shall be iree from scums, slicks, odors and objectionable floating solids, and shall be free from chemicals and other conditions inimical to ~ aquatic life. afl-e. -H+e The dissolved oxygen content of such waters shall not be less than 5 parts per million for trout and salmon waters and not less than 4 parts per million for non-trout and non-salmon waters. ~~ .. ~ ~ ~~ Teauetiol'l ffi -H+e e.i-s­ ~ o"q~eft .,,8ftt.eftt ffi ~ ~ ~, 4ue ~ ...8~ eOl'laitiol'ls ~ ~ffTtfltFe €H' *eail'l:- ~ ~ -H+e t*H'tieulitF ~ il'l, 01\ ed, -H+e eOffifnis ~ft ~ -tn*e ft# ~ ~ ¥-e4u-e-e -H+e rtffiOGl'l-t ~ ]'loHutiol'l ~ ~ ~ ~ *' ~·'I'\'{~4 ffi ~ ~ ~ utt4eF flflfffifH. €6ftaitiOflD. The Commission may take such action as may be appropriate for the best in­ terests of the public when it finds that a "C" classification is temporarily lowered due to abnormal conditions of temperature and stream flow for that season in­ volved. Class D ~, the lowest classification, shall be ~l'lJideFea &5' ]'lFirn'HH,.- de­ voted primarily to the transportation of sewage and industrial wastes, or both, without +fie ffe~ ~ .. nuisance condition f+i't4 ~ ~ ~ eon:t8:il'l 4ffl­ ~ ~ft &t tt-l+~. DMFil'l~ .. ~ ~ tetn]'loFHFy FectMetiol'l ffi ~ Elissol, 6a OJ()'~6n: eOl'ltel'lt ffi ~ ~~, 4ue ~ a-BFlofffial €6l'l8:itioRS ~ -t€iT1peF8:tMFe 60f str68:ffi 4+6w.f6r +he flB:FtieulB:F ~ft in.-ol, eo, -H+e €efltffii3SiOfl-, fiFO, ide4 .. ~e-e eOl'laitioft ~ ft6-t -tft€ft ~ ff~ tft ~ w&ter fffi4 ffi ~ o]'linioB ~ -H+e e6'!TltniS8iol'l ~ l'l:#f ~ 46 #e ffe8:ted 4ttri~ 5-Uffi ~e&-S6fl", ~ ~ ft# ~ft ~ ~ ~ nffi6Uftt ~ pollution 4"-r~ ~ ~ w-Meft *' ~~ tft ~ ~ ~ Uft<+er ft~ ~Baitioi¥.'r. Such waters shall contain a determinable amount of oxygen, and shall be free from slicks, odors and surface floating solids of unreasonable kind, quantity or duration, taking into consideration the sources of the sewage or other wastes involved. The Commission may take such action as may be appropriate for the best interests of the public when it finds that a "D" classification is temporarily low­ ered due to abnormal conditions of temperature and stream flow for that season involved. The waters in each classification shall satisfy all provisions of all lower classi­ fications.' Sec. 5. R. S., c. 79, § 5, amended. Section 5 of chapter 79 of the revised stat­ utes is hereby amended by adding at the end thereof the following paragraph: 'Any authorized member or employee of the Commission may enter any land or establishment for the purpose of collecting information that may be necessary 4 LEGISLATIVE DOCUIVIENT No. 1300 to the purposes hereof and no owner of such land or establishment shall refuse to admit such member or employee or refuse to furnish such information as may be requested concerning pollution of waters by such establishment.' Sec. 6. R. S., c. 79, § 8, amended. Section 8 of chapter 79 of the revised stat­ utes is hereby amended to read as follows: 'Sec. 8. Pollution restricted. ::.Jo person, firm, corporation or municipality or agency thereof shall discharge into any stream, river, pond, lake or other body of water or watercourse or any tidal waters any waste, refuse or effluent from any manufacturing, processing or industrial plant or establishment or any sewage so as to constitute a fteW source of pollution to said waters without first obtaining a license therefor from the Water Improvement Commission; provided, however, that no application for a license shall be required hereunder for any manufas:.­ turing, processing or industrial plant or establishment, ~ ~ ~~e ~­ &te4, ~ ~ ffitffi aisch8:r~e fH' i+s- ~fl4; ~cFler8:1 locati-Effl, ffitffi +teefl-Se ~ ficrce, ~fitca established prior to August I, 1945.
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