06- 096 C.M.R. ch. 579, § 2

Current through 2024-51, December 18, 2024

Section 096-579-2 - Responsibility for sampling

A. Assessment. In general, it is the responsibility of the department, or its agents, to conduct sampling for the purpose of making decisions on the attainment of water quality classification (classification attainment evaluation).

B. Licensing. Under certain conditions, as listed below, sampling may be required of an applicant for a waste discharge license, water quality certification or other department issued permit. Sampling must be performed by persons who can demonstrate their qualifications and ability to carry out the department's sampling protocol set forth in "Methods for Biological Sampling and Analysis of Maine's Rivers and Streams" (DE P LW 0387 -B2002).

Prior to issuance or reissuance of a waste discharge license or other activities pursuant to 38 M.R.S.A. Chapter 3, Protection and Improvement of Waters and the State's responsibilities under the federal Clean Water Act, or issuance of a water quality certification pursuant to Section 401 of the Federal Clean Water Act, an applicant may be required to conduct a classification attainment evaluation. The department may also require monitoring as a condition of any license, permit or certification that it issues. Such monitoring must be conducted according to a plan provided to, and approved by, the department.

The decision by the department to require biological monitoring is based on the classification of the water, existing information about the condition of the biological community and other water quality information, past performance of existing controls for point and nonpoint sources of pollution, and the nature, magnitude, and variability of the activity relative to the affected water.

06- 096 C.M.R. ch. 579, § 2