Current through 2024-51, December 18, 2024
Section 096-375-6 - No Unreasonable Adverse Effect on Surface Water QualityA.Preamble. The Department recognizes that developments have the potential to cause the pollution of surface waters through both point and non-point sources of pollution.B.Scope of Review. In determining whether the proposed development will have an unreasonable adverse effect on surface water quality, the Department shall consider all relevant evidence to that effect, such as evidence that: (1) The development or reasonably foreseeable consequences of the development will not discharge any water pollutants which affect the state classification of a surface water body ( 38 M.R.S.A. Section363et seq.).(2) The best practicable treatment of point sources of water pollutants will be utilized.(3) The total phosphorous concentrations in all tributaries to great ponds will not exceed the standard established in Department Regulation 583.1 as the result of the proposed development.(4) Any effect on surface water temperature will be in compliance with all appropriate standards established in Department Regulations 582.1 - 582.8.C.Submissions. Applications for approval of proposed developments shall include evidence that affirmatively demonstrates that there will be no unreasonable adverse effect on surface water quality, including information such as the following, when appropriate: (1) Where sewage disposal is to be handled off-site by a municipal or quasi-municipal sewage treatment facility, a letter from the authorized agent of the facility stating that there is adequate capacity to ensure satisfactory treatment.(2) Evidence that a waste discharge license, as required by 38 M.R.S.A. Sections413et seq., has been or will be obtained.D.Terms and Conditions. The Department may, as a term or condition of approval, establish any reasonable requirement to ensure that the proposed development will have no unreasonable adverse effect on surface water quality.06- 096 C.M.R. ch. 375, § 6