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Permits & Standards > Waste Discharge Program > OBD > Overboard Discharges (issue profile)
Issue Profile: Overboard Discharges (OBD)An overboard discharge (OBD) is “the discharge to the surface waters of the State of domestic pollutants that are not conveyed to municipal or quasi-municipal sewerage treatment facilities.” More simply, an OBD is a discharge of sanitary wastewater from residential, commercial, and publicly owned facilities to Maine 's streams, rivers and the ocean ( receiving waters ). OBDs have been regulated by the Department of Environmental Protection (DEP) since the 1970's when most direct discharges of untreated waste ( straight pipes) were banned. Between 1974 and 1987 most of the "straight pipe" discharges were connected to publicly-owned treatment works (POTW) or replaced with subsurface septic systems. OBD treatment systems were installed for those facilities that were unable to connect to POTWs or unable to install a septic system because of poor soil conditions or small lot sizes. Approximately 1,390 licensed OBDs remain throughout the state today. This is less than half the number of OBDs documented to be in existence in 1987. Why are overboard discharges a problem?The receiving waters, associated beaches and swimming areas are used by the public for recreation: swimming, fishing, boating, etc. Large quantities of fish, lobster and shellfish are cultured and/or harvested from these areas. The Maine Department of Marine Resources (DMR) assesses information on shellfish growing areas to ensure that harvested shellfish are safe for consumption. The DMR closes shellfish harvesting areas wherever there are pollution sources, known discharges with unacceptable bacteria levels, potential pollution threats, or poor water quality. As a precautionary measure, the DMR prohibits shellfish harvesting in the immediate vicinity of OBD outfall pipes because, if the discharging septic systems are not maintained or if they malfunction, they have the potential to discharge harmful bacteria and other pathogens directly into the water. In 1987, 25 % of Maine 's estimated 49,000 acres of shellfish habitat were closed because of the actual or potential threat of contamination by bacteria and other pathogens from septic systems, boats, animals, and OBDs. Today, roughly 8 percent of Maine 's mussel and clam habitat are still closed to shellfish harvesting. How does my overboard discharge system work?The wastewater from most OBD facilities receives secondary treatment before being disinfected and discharged . Secondary treatment includes a biological process to digest and clarify the wastewater prior to disinfection and discharge. There are two general types of secondary treatment systems: passive sand or peat filters and active mechanical treatment plants. A passive system consists of a septic tank and a sand filter . When you flush a toilet or wash the dishes, the wastewater is first contained in a septic tank where most of the solids settle out ( primary treatment ). The wastewater then flows from the septic tank into a sand filter, consisting of distribution pipes, layers of stone and filter sand, and collection pipes within a plastic liner. The wastewater receives secondary treatment as it filters down through the microbe-laden sand media. It is then collected at the bottom and discharged to a disinfection unit. Passive systems are usually maintained by the licensee. This generally consists of placing chlorine tablets in the disinfection unit (usually twice monthly) and pumping the septic tank every 3-5 years. A mechanical treatment plant is an active system consisting of a tank with pumps and/or paddles to break up, mix, and aerate the waste. Wastes are digested by naturally occurring aerobic bacteria. The aerated treated water is held in a calm state for a period while the solids settle to the bottom. The clarified water is pumped off the top to the disinfection unit. Mechanical treatment systems must have an operating alarm on a separate electrical circuit to alert the inhabitants if the treatment unit malfunctions. If you have a mechanical system, the law requires you to have a contract with a licensed service contractor to maintain the unit. DEP inspectors will look for a tag on the treatment unit identifying the service contractor and the last date of service. All mechanical systems require power, so be sure that power is supplied to the unit and that it is turned on 7 days a week during the season of use. A disinfection unit uses chlorine or ultraviolet (UV) light to disinfect the treated wastewater before final discharge. In a chlorinator, the treated water contacts chlorine tablets or liquid chlorine and remains in a tank for at least 20 minutes to allow bacteria and other pathogens to be killed. The treated and disinfected water is then discharged to below the low water mark of the receiving waterbody via an outfall pipe . How do I maintain my overboard discharge treatment system?Some household chemicals kill the "friendly" microorganisms that digest the wastes in your treatment system and will eventually wind up in the receiving waterbody. Because of this, toxic chemicals, harsh cleaners, paint, pharmaceuticals, or non-biodegradable materials should not go down the drain. Using low-flow toilets and water-saving showerheads will prolong the life of your system. Trees, shrubs and woody perennials should be cleared from sand filter beds, mechanical system components and the associated disinfection units. The sand filter septic tank must be pumped every three to five years and the filter bed surface should be mowed at least once per year. If a wet spot appears on or near the sand filter bed notify the DEP inspector. Mechanical systems like consistent use and tend to malfunction when overloaded on the weekend and “starved” during the week. Try to manage laundry, cleaning, and showers so that the load is spread out as evenly as possible. Weekend occupants; please do not shut down the plant during the work week! The OBD owner (or a contracted licensed service provider) should check the chlorine every two weeks and keep fresh chlorine in contact with the treated wastewater. Don't overfill the chlorinator tubes. Only the bottom two or three inches of the tubes should have chlorine. Old, brown or mushy chlorine does not properly disinfect and must be replaced. The outfall pipe must extend to below the low water mark of the receiving waterbody. A properly functioning system may smell earthy but not foul. The treated wastewater should be clear and without a strong septic or chlorine odor. If the wastewater in the disinfection unit is not nearly clear, smells like rotten eggs, raw sewage, or smells strongly of chlorine, call your service contractor! What are the legal requirements of the overboard discharges laws?The overboard discharge laws exist: 1) to encourage the reopening of the shellfish harvesting areas by eliminating OBDs from those areas; 2) to ensure compliance with state regulations requiring maintenance of existing OBD systems; and 3) to improve the quality of Maine's riverine, estuarine and marine waters by replacing OBDs with conventional septic systems or municipal service wherever practicable. The laws accomplish this goal by: • Requiring owners to obtain and maintain licenses for their OBDs. [ 38 MRSA §413(1) ] • Prohibiting new non-municipal sanitary wastewater discharges to Maine waters. The law defines a new discharge as any source of wastewater that was not licensed as of June 1, 1987. [ 38 MRSA § 464 (4)(A) ] • Prohibiting the expansion of OBDs. Adding sources of wastewater to a licensed OBD system (additional bedrooms, etc.), increasing the number of months when a seasonal discharge occurs, and increasing the licensed flow or quantity generated by the discharge are all prohibited. [ 38 MRSA § 464 (4)(A) ] • Requiring that alternate disposal methods be investigated as replacements for existing overboard discharges. [ 38 MRSA §413 (3) and 38 MRSA §414-A(1-B)(A) ] • Creating a bond-funded grant program to help OBD owners replace their OBDs with non-discharging septic systems. [ 38 MRSA §411-A ] • Requiring the DEP to inspect all existing OBDs yearly. [ 38 MRSA §414(3-A) ] In May of 2003, the legislature adopted several additional amendments. Effective September 13, 2003, these amendments changed the funding formula for the grant program to one based on income, and increased the annual inspection and license fees. The amendments add the following requirements: • Buyers and the sellers of properties served by OBDs must obtain a qualified Licensed Site Evaluator's (LSE) evaluation of whether the OBD can be replaced with a technologically feasible non-discharging alternative system prior to sale of the property. A qualified LSE is one who has demonstrated experience in designing replacement systems for OBDs. [ 38 MRSA §413 (3) ] • New owners must install the non-discharging alternative system within 90 days of the property transfer if one is identified by the LSE. [ 38 MRSA §413 (3) ] • OBD licensees must obtain a LSE's evaluation of whether the OBD can be replaced with a feasible non-discharging alternative prior to applying for renewal of their OBD licenses. [ 38 MRSA §414-A(1-B)(A) ] • If there is a feasible alternative, the licensees must install it within 180 days of the DEP acceptance of an application for license renewal and/or OBD removal grant money is offered. [ 38 MRSA §414-A(1-B)(A) ] Unlicensed discharges, including discharges from “straight pipes” are NOT “grandfathered.” They are illegal and must be replaced by approved subsurface or licensed OBD systems or connected to a public sewer. In addition to paying annual fees, licensed dischargers must periodically apply to renew their licenses. What should I do if I am transferring or selling a property with an OBD?If you plan to transfer (deed, sell, gift, entrust, etc.) your property, provide the recipient or your realtor with a copy of the most recent license and inspection report. You (or your realtor) should contact the DEP to verify the license information, discuss how the transfer affects your property, determine any restrictions that may apply to your property and obtain a transfer application. A qualified LSE must be hired by the parties to the transfer to determine whether there is any approvable technologically feasible alternative to the OBD consistent with the Maine State Plumbing Code. A copy of the LSE's findings must be provided to the recipient and the DEP for review prior to transfer (closing). What must I do if I have just received (purchased, inherited, etc.) a property with an OBD?Overboard Discharge licenses must be transferred to the new owner every time a property changes hands. If the license has expired, it must also be renewed. The primary exhibits for a license transfer are the completed application for transfer, a copy of the deed reflecting the new ownership and the results of the LSE's findings. The recipient may apply for reimbursement through the OBD removal grant program if installation of an alternative system is required. They must apply before installation and follow the plans and specifications approved by the grant program manager ( see contact information on last page ) . What must I do if my OBD license has expired?It is the property owner's responsibility to maintain a current OBD license. The OBD license must be renewed every five years. Before applying for renewal, you will be required to have a qualified LSE examine your property to determine if there is an approvable technologically feasible alternative to your OBD system. The primary exhibits for an application for renewal are the completed application for renewal, the results of a LSE's determination of the feasibility of installing an alternative to the OBD and documented proof of notification of abutters of your intent to file an application for license renewal. You will be issued a 5-year renewable license if you haven't significantly changed the use of your property, if your treatment system is working well, if the discharge does not lower water quality in the area, and if there is not currently an approvable technologically feasible alternative to your OBD (or OBD grant money is not offered). Applications for license transfer and/or renewal are updated prior to mailing and are available upon request (207) 287-3901. A sample application may be viewed on the web here: Sample application. When you submit your application for renewal or transfer, please be sure to submit all requested information, otherwise your application will be considered incomplete and processing will be delayed. Paperless Initiative:The Department has initiated a process by which waste discharge licenses can be reviewed and issued electronically without paper. In addition to the potential time savings realized by eliminating the transport of documents around the country, this initiative was designed with the goal of conserving our natural resources including the forest, air, water, fossil fuels, etc and reducing environmental pollution. You may elect to receive a digitally-signed or a hand-signed paper document instead of the electronic version. What is the OBD Removal Grant Program?The bond-funded Overboard Discharge Removal Grant Program was established to remove discharges to valuable shellfish areas, thereby opening them for harvest and to remove public nuisance conditions. Discharges are scheduled for removal according to a priority list generated by DEP and the Department of Marine Resources. Because public funds are limited and the grants can only be made as money becomes available, funding priority is given to owners of OBDs that discharge to high-value shellfish areas. Grant money is offered to OBD owners in targeted areas for removal and replacement of their system according to their income ( see Table 1 below ):
The DEP encourages all licensees to pursue alternate wastewater disposal regardless of the availability of grant money because of the tremendous ecological and economic importance of restoring Maine 's water quality in shellfish harvesting areas. How do I apply for an OBD removal grant?If you are interested in receiving grant funds, a grant application packet is available upon request by telephone, mail or e-mail ( contact information below ). Once you have obtained a Form HHE-200 design for an alternative to your OBD from a qualified LSE, you must contact the grant program manager (207) 287-7765 to discuss how to proceed and to complete any necessary paperwork. In brief, you will need to get the Form HHE-200 design approved by the Local Plumbing Inspector and/or the state Division of Environmental Health at the Dept. of Health and Human Services, and get three cost bids for system installation. How much are my annual fees?Since 2004, the various OBD fees were consolidated into one annual license fee. This fee contains a base fee, which varies depending on the type of facility, and a per-gallon discharge fee. In 2009 the fee for the average 300 gpd discharge from a single family dwelling was $226.00: a $208 base fee plus an $18 discharge fee ($0.06 per gallon x 300 gpd). Large residential, commercial, and publicly owned discharges have higher base fees. The revised annual fee schedule is sent out with the annual fee bills. The 2003 law revisions allow for a $125 fee reduction for individuals with an adjusted gross income of less than $15,000 (not applicable to trusts, etc.). The annual fee pays for the management of the program, which includes two full time staff and three seasonal inspectors, along with the supplies, and support needed to manage a program of this size.
If you prefer to write us, all of the staff above can be reached at:
Please be sure to visit the DEP website through www.MaineDEP.com keyword: OBD |
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