An Act to Support Removal of Overboard Discharge Systems

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STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FIVE
_____
H.P. 255 - L.D. 401
An Act to Support Removal of Overboard Discharge Systems
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 38 MRSA §411, first ¶, as amended by PL 2001, c. 232, §9, is further
amended to read:
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 commissioner may make payments to the Maine Municipal Bond
Bank to supply the State's share of the revolving loan fund established by Title 30‑A,
section 6006‑A. The commissioner may pay up to 90% 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 in which the construction cost of the project does not exceed $100,000 as
long as not 250% of the median household income in the State. Median household income
must be based on the most recent data from the State Economist or the United States
Department of Commerce, Bureau of the Census, whichever is lower. Not more than one
grant is may be made to any applicant each in a calendar year, except that the. The
commissioner may pay a percentage of the cost of individual projects serving single-family
dwellings, or seasonal dwellings or commercial establishments according to the following
schedule:
ANNUAL INCOME SINGLE-FAMILY DWELLING SEASONAL DWELLING
$0 to $5,000 100% 50%
$5,001 to $20,000 90% 50%
$20,001 to $30,000 50% 25%
$30,001 to $40,000 25% 25%
$40,001 or more 0% 0%

GROSS PROFIT COMMERCIAL ESTABLISHMENT
$0 to $50,000 50%
$50,001 to $100,000 25%
APPROVED
APRIL 25, 2025
BY GOVERNOR
CHAPTER
44
PUBLIC LAW
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$100,001 or more 0%
Sec. 2. 38 MRSA §411, sub-§1 is enacted to read:
1. Single family dwellings. The grant percentage for single-family dwellings is as
follows:
A. When the annual income of an applicant is 0% to 50% of the state median household
income, the grant percentage is 100%;
B. When the annual income of an applicant is 51% to 75% of the state median
household income, the grant percentage is 90%;
C. When the annual income of an applicant is 76% to 100% of the state median
household income, the grant percentage is 50%;
D. When the annual income of an applicant is 101% to 110% of the state median
household income, the grant percentage is 25%; and
E. When the annual income of an applicant is greater than 110% of the state median
household income, the grant percentage is 0%;
Sec. 3. 38 MRSA §411, sub-§2 is enacted to read:
2. Seasonal dwellings. The grant percentage for seasonal dwellings is as follows:
A. When the annual income of an applicant is 0% to 75% of the state median household
income, the grant percentage is 50%;
B. When the annual income of an applicant is 76% to 110% of the state median
household income, the grant percentage is 25%; and
C. When the annual income of an applicant is greater than 110% of the state median
household income, the grant percentage is 0%; and
Sec. 4. 38 MRSA §411, sub-§3 is enacted to read:
3. Commercial establishments. The grant percentage for commercial establishments
is as follows:
A. When the annual income of an applicant is 150% or less of the state median
household income, the grant percentage is 50%;
B. When the annual income of an applicant is 151% to 250% of the state median
household income, the grant percentage is 25%; and
C. When the annual income of an applicant is greater than 251% of the state median
household income, the grant percentage is 0%.
Sec. 5. 38 MRSA §411, 2nd ¶, as amended by PL 1999, c. 375, §2, is repealed and
the following enacted in its place:
For purposes of this section, annual income is determined separately for residential
property owners and commercial establishments. For a residential property owner,
including a trust, "annual income" means the sum of the taxable incomes of each owner of
the property if it is jointly owned, or of each beneficiary and grantor if the property owner
is a trust, for the previous year as listed on the relevant federal income tax returns for the
previous year. For a commercial establishment, "annual income" means taxable income or
ordinary business income for the previous year as listed on the relevant federal income tax
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return plus any depreciation or other noncash expense that was deducted to compute taxable
or ordinary business income on that return. A rental property must be considered a
commercial establishment or as contributing to annual income depending on how it is
reported on the owner's federal income tax return from the previous year.
Sec. 6. 38 MRSA §411, as amended by PL 2017, c. 137, Pt. A, §8, is further
amended by enacting after the 2nd paragraph a new paragraph to read:
For a pollution abatement system that is used by multiple single-family or seasonal
dwellings, such as resident-owned mobile home parks or home owners' associations, and
the property is not owned by a commercial establishment, the average annual income of all
single-family or seasonal dwellings attached to the pollution abatement system must be
used to calculate the allowable grant percentage.
Sec. 7. 38 MRSA §411-A, as amended by PL 2009, c. 654, §§1 and 2, is further
amended by amending the section headnote to read:
§411-A. State contribution to residential overboard discharge replacement projects
Sec. 8. 38 MRSA §411-A, sub-§2-A, as amended by PL 2009, c. 654, §2, is further
amended to read:
2-A. Cost-share. The commissioner shall determine the portion of project expenses
eligible for grants under this section as follows:
A. For an owner of an a residential or commercial overboard discharge with an annual
income less than $25,000 of 0% to 100% of state median household income, 100%;
B. For an owner of an a residential or commercial overboard discharge with an annual
income from $25,000 to $50,000 of 101% to 150% of state median household income,
90%;
C. For an owner of an a residential or commercial overboard discharge with an annual
income from $50,001 to $75,000 of 151% to 200% of state median household income,
50%;
D. For an owner of an overboard discharge with an annual income from $75,001 to
$100,000, 35%;
E. For an owner of an a residential or commercial overboard discharge with an annual
income from $100,001 to $125,000 of 201% to 250% of state median household
income, 25%;
E-1. For an owner of an a residential or commercial overboard discharge with an
annual income over $125,000 250% of state median household income, $0 0%; and
F. For a publicly owned overboard discharge facility, 50% to a maximum of $150,000
500% of state median household income.
For purposes of this subsection, annual income is determined separately for residential
property owners and commercial establishments. For a residential property owner,
including a trust, "annual income" means the sum of the taxable incomes of each owner of
the property if it is jointly owned or of each beneficiary and grantor if the property owner
is a trust for the previous year as listed on the relevant federal income tax returns for the
previous year. For a commercial establishment, “annual income” means taxable income or
ordinary business income for the previous year as listed on the relevant federal income tax
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return plus any depreciation or other noncash expense that was deducted to compute taxable
or ordinary business income on that return. A rental property must be considered a
commercial establishment or as contributing to annual income depending on how it is
reported on the overboard discharge owner’s federal income tax return from the previous
year. Median household income must be based on the most recent data from the State
Economist or the United States Department of Commerce, Bureau of the Census,
whichever is lower.
Sec. 9. 38 MRSA §411-A, sub-§4, as repealed and replaced by PL 2003, c. 246,
§5, is amended to read:
4. Reimbursement of actual or incurred costs. The commissioner shall utilize grants
under this section to reimburse individuals for the actual or incurred cost of removing any
overboard discharge, subject to the provisions of subsection 2‑A, when:
A. The removal occurred after September 30, 1989 but was carried out according to
plans and specifications approved by the commissioner in advance of construction and
prior to the offering of a grant under this section;
B. The removal resulted in the elimination of sources of contamination to shellfish
areas or public nuisance conditions; and
C. The removal is required under section 413, subsection 3 or section 414‑A,
subsection 1‑B.; and
D. The owner of the overboard discharge system and the overboard discharge removal
contractor have certified that the overboard discharge removal project has been
completed, including proper abandonment of the overboard discharge system in
accordance with the rules adopted by the department governing the licensing and
abandonment of overboard discharge systems and the local plumbing inspector has
certified that an alternative disposal system has been installed in conformance with the
rules adopted by the Department of Health and Human Services governing subsurface
wastewater disposal.
Sec. 10. 38 MRSA §413, sub-§3-A, as amended by PL 2011, c. 121, §2, is further
amended to read:
3-A. Transfer of ownership, significant expansion, division and public sewer
connection. Beginning September 1, 2010, if property containing an overboard discharge
is transferred or a significant action is proposed, the following procedures apply. For
purposes of this subsection, "significant action" means a single construction project
performed on a primary residence with an overboard discharge when the total material and
labor cost of the construction project exceeds $50,000 100% of the median household
income as specified in section 411. "Significant action" does not include construction that
makes the residence accessible to a person with a disability who resides in or regularly uses
the residence or reconstruction performed in response to an event beyond the control of the
owner, such as a hurricane, flood, fire or the unanticipated physical destruction of the
residence.
A. Application for transfer of an overboard discharge license must be made no later
than 2 weeks after the transfer of ownership or interest in the source of the discharge
is completed. If a person possessing a license issued by the department transfers the
ownership of the property, facility or structure that is the source of a licensed discharge
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without transfer of the license being approved by the department, the license granted
by the department continues to authorize a discharge within the limits and subject to
the terms and conditions stated in the license as long as the parties to the transfer are
jointly and severally liable for any violation thereof until such time as the department
approves transfer or issuance of a waste discharge license to the new owner. The
department may in its discretion require the new owner to apply for a new license or
may approve transfer of the existing license upon a satisfactory showing that the new
owner can abide by its terms and conditions.
B. If there is a transfer, or if a significant action is proposed, the owner of an overboard
discharge must conduct an alternatives analysis, pursuant to section 414-A, subsection
1-B, and may be required to remove the overboard discharge system as provided in this
paragraph. For the purposes of this paragraph, a property transfer is limited to a
monetary sale of the property containing the overboard discharge.
(1) Except when it has been demonstrated within 5 years prior to a transfer, or
some other time period acceptable to the department, that there is no
technologically proven alternative to an overboard discharge, prior to transfer of
ownership of property containing an overboard discharge, the parties to the transfer
shall determine the feasibility of technologically proven alternatives to the
overboard discharge that are consistent with the plumbing standards adopted by
the Department of Health and Human Services pursuant to Title 22, section 42.
(2) Except when it has been demonstrated within 5 years prior to the significant
action, or some other time period acceptable to the department, that there is no
technologically proven alternative to an overboard discharge, prior to the
significant action the owner of the overboard discharge shall determine the
feasibility of a technologically proven alternative to the overboard discharge that
is consistent with the plumbing standards adopted by the Department of Health and
Human Services pursuant to Title 22, section 42.
(3) The determination concerning whether there is a technologically proven
alternative to an overboard discharge must be based on documentation from a
licensed site evaluator provided by the applicant and approved by the Department
of Environmental Protection that the system constitutes a best practicable treatment
under section 414‑A, subsection 1‑B. If an alternative to the overboard discharge
is identified, the alternative system must be installed within 180 days of property
transfer or significant action, except that, if soil conditions are poor due to seasonal
weather, the alternative may be installed as soon as soil conditions permit. The
installation of an alternative to the overboard discharge may be eligible for funding
under section 411‑A. On a property transfer, a commercial establishment may
request an extension of the 180-day period based on information that an extension
is necessary due to technical, economic or environmental considerations. The
department may authorize an extension for a commercial establishment for as short
an additional period as the department considers reasonable but in no case may an
extension be authorized to continue beyond the expiration of the current waste
discharge license or 2 years from the property transfer, whichever is later. Within
10 business days of receipt of a complete extension request, the department shall
issue a written decision approving or denying the extension.
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(4) When the ownership of a property containing an overboard discharge has been
transferred, the transferee may request from the department a waiver from the
requirement in subparagraph (3) to install an alternative system. The department
shall grant the waiver upon demonstration by the transferee that the transferee's
annual income as defined in section 411‑A, subsection 2‑A is less than $25,000
100% of the median household income as specified in section 411. A request for
a waiver must be submitted with an application for transfer of the overboard
discharge license in accordance with paragraph A.
Nothing in this paragraph requires a municipality to withhold a local permit or approval
associated with a significant action until the provisions of this paragraph have been
met.
C. An overboard discharge must be removed without regard to available funding from
the department where connection to a public sewer is practicable.
Sec. 11. 38 MRSA §414, sub-§3-A, as repealed and replaced by PL 2003, c. 246,
§8, is amended to read:
3-A. Inspection of overboard discharge systems. The department shall inspect all
licensed overboard discharge systems. The cost of the inspections must be assessed as part
of the annual license fee. For residential overboard discharges owned by individuals, the
department shall provide a fee reduction based on the adjusted gross income of the license
holder on the most recent tax return under the federal Internal Revenue Code of 1986. If
the license holder's adjusted gross income is less than $15,000 50% of the median
household income as specified in section 411, the license holder may reduce the total fee
by $125 50%. Any overboard discharge license owner with a mechanical treatment system
must provide annual proof of a private maintenance contract for maintenance of that
system.
Sec. 12. 38 MRSA §414-A, sub-§1-B, ¶A, as amended by PL 2009, c. 654, §5, is
further amended by repealing subparagraph (1) and enacting the following in its place:
(1) The department's finding must be based on documentation from a licensed site
evaluator provided by the overboard discharge owner and approved by the
department. The licensed site evaluator shall provide the overboard discharge
owner with written certification, on a form provided by the department, that all
potential alternatives for replacement of the overboard discharge on land owned or
controlled by the overboard discharge owner, with or without a variance, have been
evaluated by the licensed site evaluator. In performing the evaluation under this
subparagraph:
(a) The licensed site evaluator shall determine whether practices to reduce the
quantity of raw wastewater can be applied that may allow a reduction in the
subsurface disposal system sizing requirements;
(b) The licensed site evaluator shall determine whether pretreatment
techniques or devices authorized for use by the rules adopted by the
Department of Health and Human Services governing subsurface wastewater
disposal can be installed to reduce the subsurface disposal system sizing
requirements;
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(c) The licensed site evaluator shall determine whether proprietary systems
and devices authorized for use by the rules adopted by the Department of
Health and Human Services governing subsurface wastewater disposal can be
installed to reduce the subsurface disposal system sizing requirements;
(d) The licensed site evaluator shall determine whether the subsurface disposal
system area can be configured to fit within the property dimensions by
separating the waste streams, such as laundry wastewater and sanitary
wastewater, between 2 or more leach fields, drip irrigation sites or other
disposal areas;
(e) The licensed site evaluator shall evaluate the feasibility of siting a disposal
system using reduced setback distances as authorized for use by the rules
adopted by the Department of Health and Human Services governing
subsurface wastewater disposal;
(f) The licensed site evaluator shall determine whether adjoining or nearby
land may be used for wastewater disposal with the permission of the property
owner and shall document efforts to obtain an easement from the owner of
adjoining or nearby land when, in the licensed site evaluator's judgment, an
easement would allow for the installation of a replacement system; and
(g) The licensed site evaluator shall determine if connection to a public sewer
is feasible, including the use of an easement across another property or right-
of-way.
The department may require the overboard discharge owner to submit an additional
site evaluation by a different licensed site evaluator if the conditions of this
subparagraph have not been met.
Sec. 13. 38 MRSA §414-A, sub-§1-B, ¶A, as amended by PL 2009, c. 654, §5, is
further amended by amending subparagraph (3) to read:
(3) If a technologically proven alternative system eligible for grant funding
according to the cost-share schedule is identified and funding is not available, then
the owner of the overboard discharge is not required to install the system until grant
funds are available or as provided in section 413, subsection 3 or 3-A. The
department may determine that grant funds are not available when there are
insufficient funds available for all alternative systems and the alternative system is
not one of the systems identified as a priority for funding from available grant funds
by the department.
Sec. 14. 38 MRSA §414-A, sub-§1-B, ¶G is enacted to read:
G. Notwithstanding paragraph A, the department may request that a person seeking to
renew or transfer an overboard discharge license evaluate the feasibility of a spray
irrigation system licensed in accordance with section 413 as an alternative to the
overboard discharge system.