Title 38, Title 38

The department is designated the public agency of the State for the purpose of accepting federal funds in relation to water pollution control, water resources and air pollution studies and control. The commissioner may, subject to the approval of the Governor, accept federal fund…

Notwithstanding any other law administered or enforced by the department, the board is authorized to permit persons to discharge, emit or place any substances on the land or in the air or waters of the State, in limited quantities and under the strict control and supervision of t…

The commissioner or the commissioner's designee may waive or modify any of the provisions of this chapter if that waiver or modification promotes or assists any oil spill response activity conducted in accordance with the national contingency plan, a federal contingency plan, the…

Nothing contained in this subchapter shall limit the powers of the State to initiate, prosecute and maintain actions to abate public nuisances to the extent consistent with the public interest, nor shall any license granted under this subchapter constitute a defense to any action…

The Legislature finds and declares that the protection of ground water resources is critical to promote the health, safety and general welfare of the people of the State. Aquifers provide a significant amount of the water used by the people of the State. Aquifers and aquifer rech…

The Division of Geology, Natural Areas and Coastal Resources, in cooperation with the Department of Environmental Protection, is authorized to conduct research and studies to determine recharge and cleansing rates of groundwater in different sand and gravel and bedrock formations…

1. Legislative intent. The Legislature finds that sand and gravel aquifers are important public and private resources for drinking water supplies and other industrial, commercial and agricultural uses. The ground water in these formations is particularly susceptible to contaminat…

1. Definitions. As used in this section, unless the context indicates otherwise, the following terms have the following meanings. A. "Beneficial domestic use" means any ground water used for household purposes essential to health and safety, whether provided by individual wells o…

The Department of Environmental Protection in cooperation with the Department of Marine Resources shall establish the Marine Environmental Monitoring Program. The initial purpose of this program is to design a monitoring program to examine the extent and effect of industrial cont…

The commissioner in cooperation with the Department of Marine Resources shall report to the joint standing committee of the Legislature having jurisdiction over energy and natural resources and the joint standing committee of the Legislature having jurisdiction over marine resour…

As used in this article, unless the context otherwise indicates, the following terms have the following meanings. [PL 1991, c. 345 (NEW).] 1. Best management practice guidelines. "Best management practice guidelines" means recommended techniques or procedures or a combination of …

1. Agency cooperation. The commissioner shall cooperate and coordinate with the Commissioner of Agriculture, Conservation and Forestry; the Commissioner of Transportation; the Commissioner of Economic and Community Development; the Commissioner of Health and Human Services; and t…

1. Agriculture. The Department of Agriculture, Conservation and Forestry shall develop best management practice guidelines to reduce and prevent nonpoint source pollution from agricultural activities. The Department of Agriculture, Conservation and Forestry may recommend to farme…

Prior to January 1, 1993, the commissioner shall submit to the joint standing committee of the Legislature having jurisdiction over energy and natural resource matters a report detailing the effectiveness of the program and making recommendations for program improvements and fee …

The Lakes Assessment and Protection Program is established within the department to monitor and protect the health and integrity of the State's lakes.

In implementing the Lakes Assessment and Protection Program, the commissioner shall conduct activities within the following areas: [PL 1997, c. 643, Pt. YY, §1 (NEW).] 1. Education and technical assistance. Education and technical assistance relating to lake functions and values,…

1. Definitions. As used in this section and section 419‑C, unless the context otherwise indicates, the following terms have the following meanings. A. "Aquatic plant" means a plant species that requires a permanently flooded freshwater habitat. [PL 2011, c. 47, §2 (AMD).] B. "Inv…

The commissioner may pay an amount not to exceed 80% of the expense of a municipal or quasi-municipal pollution abatement construction program or a pollution abatement construction program in an unorganized township or plantation authorized by the county commissioners. The commis…

1. General authority. Subject to the availability of funds under section 411, the commissioner shall pay a portion of an alternative to an overboard discharge system as provided in this section. In the event the overboard discharge owner is not eligible for complete funding throu…

The department is authorized to establish and conduct a continuous planning process in cooperation with federal, state, regional and municipal agencies consistent with the requirements of the Federal Water Pollution Control Act, 33 United States Code 1982, Section 1251, et seq., …

1. Establishment; administration. The Maine Clean Water Fund, referred to in this section as "the fund," is established as provided in this section. A. The fund is established as a nonlapsing fund to provide financial assistance, in accordance with subsection 2, for the acquisiti…

1. Grants by State for planning. The commissioner is authorized to pay an amount at least 15%, but not to exceed 25%, of the expense incurred by a municipality or quasi-municipal corporation in preliminary or final planning of a pollution abatement program in the form of a grant.…

At the request of any recipient of state funds under section 411 or 412, the commissioner is authorized to provide technical assistance and, through the Attorney General, legal assistance in the administration or enforcement of any contract entered into, by or for the benefit of …

1. Consultation on disposal methods. The commissioner shall consult with and advise any person proposing or operating drainage, sewerage or industrial waste systems as to the best methods of disposal. In making recommendations, the commissioner shall consider the needs of the mun…

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 …

1. Administration. 2. Terms of licenses. Licenses are issued by the department for a term of not more than 5 years. 2-A. Relicensing. The relicensing of an existing licensed waste discharge prior to or after the expiration of the term of the existing license is subject to all of …

1. Generally. The department shall issue a license for the discharge of any pollutants only if it finds that: A. The discharge either by itself or in combination with other discharges will not lower the quality of any classified body of water below such classification; [PL 1973, …

1. Definition. 2. Pretreatment standards. The department may establish pretreatment standards for the introduction into publicly owned treatment works of pollutants that interfere with, pass through or otherwise are incompatible with those treatment works. In addition, the depart…

1. Color pollution control; finding. The Legislature finds that further, rigorous control of color, odor and foam pollutants is consistent with modernization of the State's kraft pulp industry and that process technologies to accomplish this objective will enhance the competitive…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Municipal satellite collection system" or "system" means a wastewater collection system, owned or operated by a municipality or a quasi-municipal …

No person, firm, corporation or other legal entity may place, deposit or discharge, directly or indirectly into the inland waters or tidal waters of this State, or on the ice thereof, or on the banks thereof in such a manner that it may fall or be washed into these waters, or in …

Notwithstanding Title 7, section 4207, when the ground is frozen, a person may not spread manure on agricultural fields within a great pond watershed unless this activity is in accordance with a conservation plan for that land on file with a state soil and water conservation dist…

1. Prohibitions. A person, firm, corporation or other legal entity may not place logs or pulpwood: A. Into the inland waters of the State for the purpose of driving the logs or pulpwood to pulp mills, lumber mills or any other destination, except to transport logs or pulpwood fro…

1. Findings. The Legislature finds that the Penobscot River is a unique and valuable natural resource. The Penobscot River serves as an example to the Nation that good public policy carefully implemented can restore and preserve our natural resources. The river has supported, and…

Notwithstanding any other provision of law, a person may not apply a fertilizer containing phosphorus or nitrogen within 25 feet of the normal high-water line of a great pond, except that a person may apply a fertilizer containing phosphorus or nitrogen within 25 feet but not clo…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Dairy equipment" means equipment used by farmers or processors for the manufacture or processing of milk and dairy products. [PL 2007, c. 65, §1 (…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. [PL 1989, c. 763, §1 (RPR); MRSA T. 38 §419-A, sub-§1, ¶ A (RP).] A-1. "Acceptable release rate" means a measured release rate equal to or less tha…

The State's goals for the dates of removal of transformers owned by public utilities that contain polychlorinated biphenyls in concentrations at or above 50 parts per million are as follows. For the purposes of this section, removal of a transformer that contains polychlorinated …

1. Prohibition. A person may not: A. Transport any aquatic plant or parts of any aquatic plant, including roots, rhizomes, stems, leaves or seeds, on the outside of a vehicle, boat, personal watercraft, boat trailer or other equipment on a public road; [PL 1999, c. 722, §2 (NEW).…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Over-the-counter drug" means a drug that is a personal care product that contains a label that identifies the product as a drug as required by 21 …

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Coal tar" means a viscous substance obtained by the destructive distillation of coal and containing levels of polycyclic aromatic hydrocarbons in …

No person, firm, corporation or other legal entity shall place, deposit, discharge or spill, directly or indirectly, into the ground water, inland surface waters or tidal waters of this State, or on the ice thereof, or on the banks thereof so that the same may flow or be washed i…

The discharge of pollutants from certain direct and indirect sources into the State's waters introduces toxic substances, as defined under section 420, into the environment. In order to determine the nature, scope and severity of toxic contamination in the surface waters and fish…

A person who conducts, or causes to be conducted, an activity that involves filling, displacing or exposing soil or other earthen materials shall take measures to prevent unreasonable erosion of soil or sediment beyond the project site or into a protected natural resource as defi…

A person may not construct, or cause to be constructed, a project that includes one acre or more of disturbed area without prior approval from the department. A person proposing a project shall apply to the department for a permit using an application provided by the department a…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Adjunct facility" includes, but is not limited to, an intermodal transportation facility, freight yard, railroad station and toll facility. [PL 20…