Mixing zone authorized for seafood processing facilities. (1) Notwithstanding any other provision of this chapter, and unless prohibited by federal law, the Environmental Quality Commission and the Department of Environmental Quality may, in a permit applicable to a seafood processing facility for the discharge of wastewater effluent into the waters of the state, allow a portion of the water body receiving the wastewater effluent to serve as a mixing zone in order to satisfy the bacteria water quality criteria for the water body if the department determines that the mixing zone would not adversely affect public health. The department’s determination must be based on a review of information that clearly demonstrates that the mixing zone would not adversely affect public health

(2) A seafood processing facility subject to a permit described in subsection (1) of this section shall implement best management practices to prevent the inclusion of bacteria in wastewater effluent from external fecal sources. Best management practices must be informed by a site-specific investigation of sources of bacteria. [2025 c.84 §2]