Section 096-519-1 - Purpose and scopeThe purpose of this rule is to control the discharge of mercury to the surface waters of the State through implementation of pollution prevention plans, effluent testing requirements and establishment of interim effluent limits for some licensees.
A.Applicability. This rule applies to all persons licensed or permitted pursuant to 38 MRSA §413 to discharge pollutants to the surface waters of the State except as described below. For the purposes of this rule, the term licensee also means permittee. (1) Categorical exclusions. This rule does not apply to the following categories of licensees: combined sewer overflows, snow dumps, pesticide applications, and over board discharges licensed pursuant to 38 MRSA §413. Except, however, specific members of these categories may be required by the department to comply with this rule on a case by case basis pursuant to Section 1(C), below. (The categories of licensees used in this rule are the same as those listed in 38 MRSA §353-B.)(2) Individual exclusions. Any licensee that demonstrates to the department's satisfaction that it does not discharge wastewaters that have, or come in contact with, compounds or materials containing mercury may be exempted from the requirements of this rule. If the sole source of mercury in a discharge is due to incoming water taken from a natural body of water, an exemption may be granted by the department.(3) Multiple discharge points. In the event that a discharge license or permit authorizes discharges in more than one category, only the relevant requirements of this rule are applicable to that category. Where a single licensee has multiple discharge points in the same category and with the same characteristics, the department may permit sampling of one point as being representative of all such discharge points.B.Pollution prevention requirements. All licensees subject to this rule shall develop and implement pollution prevention plans consistent with model plans developed by the department. Plans are to be developed within 90 days of receiving a model plan from the department. If warranted by the complexity of pollution prevention needs for an individual licensee or category of licensees, the department upon request may extend the time for completion of those pollution prevention plans. The department may require that licensees submit periodic reports of actions taken to implement pollution prevention plans. Upon completing its individual pollution prevention plan, each licensee shall notify the department of the availability of the plan and shall provide a copy of the plan to the department upon request. Unless exempted by the department, each licensee shall provide the department information concerning implementation of pollution prevention plans by December 15, 1999 and December 15, 2000.C.Interim effluent limits for the discharge of mercury. The department shall issue interim effluent limits to licensees in the following categories: (1) Group I. Licensees required as of the effective date of this rule to conduct toxicity sampling pursuant to the requirements of Chapter 530.5 of the department's rules, the Surface Water Toxics Control Program;(2) Group II. All other licensees that are publicly owned treatment works or discharges of industrial process wastes; and(3) Group III. Any other individual licensee or category of licensees determined by the department to have the potential to discharge concentrations of mercury that are similar to those found in discharges from licensees in Groups I or II above, based on either information regarding the sources of wastes discharged or the results of sampling.06- 096 C.M.R. ch. 519, § 1