§543. Pollution and corruption of waters and lands of the State prohibited
The discharge of oil into or upon any coastal waters, estuaries, tidal flats, beaches and lands adjoining the seacoast of the State, or into or upon any lake, pond, river, stream, sewer, surface water drainage, ground water or other waters of the State or any public or private water supply or onto lands adjacent to, on, or over such waters of the State is prohibited. [PL 1985, c. 496, Pt. A, §8 (AMD).]
Notwithstanding the prohibition of this section, the department may license the discharge of waste, refuse or effluent, including natural drainage contaminated by oil into or upon any coastal waters if, and only if, it finds that the discharge will be receiving the best available treatment and that the discharge will not degrade existing water quality, perceptibly violate the classification of the receiving waters or create any visible sheen upon the receiving waters. A license is not required and a person may not be considered in violation of this section for the discharge of oil to surface waters of the State if the discharge occurs in the process of recovering, containing, cleaning up or removing an oil spill to surface waters and is undertaken in compliance with the instructions of the commissioner or the commissioner's designee. [PL 1993, c. 333, §2 (AMD).]
In acting upon an application for any such license, the department shall follow the provisions of subchapter I insofar as they are applicable. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §108 (AMD).]
SECTION HISTORY
PL 1969, c. 572, §1 (NEW). PL 1973, c. 423, §11 (AMD). PL 1977, c. 375, §5 (AMD). PL 1983, c. 785, §11 (AMD). PL 1985, c. 496, §A8 (AMD). PL 1989, c. 890, §§A40,B108 (AMD). PL 1993, c. 333, §2 (AMD).
Structure Maine Revised Statutes
TITLE 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 2-A: OIL DISCHARGE PREVENTION AND POLLUTION CONTROL
38 §543. Pollution and corruption of waters and lands of the State prohibited
38 §544. Powers and duties of the board
38 §545. Operation without license prohibited
38 §545-A. Underground oil storage facilities (REPEALED)
38 §545-B. Registration of transportation of oil in inland areas
38 §546. Regulatory powers of department
38 §546-A. State marine oil spill contingency plan
38 §546-B. Sensitive area identification and protection
38 §546-C. Wildlife rehabilitation plan
38 §547. Emergency proclamation; Governor's powers
38 §548. Removal of prohibited discharges
38 §549. Personnel and equipment
38 §550. Enforcement; penalties
38 §551. Maine Ground and Surface Waters Clean-up and Response Fund
38 §551-A. Oil Spill Advisory Committee (REPEALED)
38 §552-A. Detention of vessels
38 §552-B. Financial responsibility and facility closure
38 §553. Interstate Compact, authority
38 §554. Reports to the Legislature (REPEALED)