An Act Relating to Storm Water Management
Maine Legislature, Session 121, LD 1866
Committee: Natural Resources
Amends: 38 MRSA §420-C, 38 MRSA §420-D

Legislative Document 
No. 1866 
S.P.712 
In Senate, February 24, 2004 
An Act Relating to Storm Water Management 
Reported by Senator MARTIN of Aroostook for the Joint Standing Committee on Natural 
Resources pursuant to Public Law 2003, chapter 318, section 5 and Resolve 2003, chapter 101, 
section 3. 
Reference to the Committee on Natural Resources suggested and ordered printed under 
Joint Rule 218. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRSA §420-C, 2nd" as enacted by PL 1997, c. 748, 
§l, is amended to read: 
A person 
who 
owns 
property that is 
subject to erosion 
because 
of 
a 
human 
activity before 
July 
1, 
1997 
involving 
filling, displacing or exposing soil or other earthen materials 
shall take measures in accordance with the dates established 
under this paragraph to prevent unreasonable erosion of soil or 
sediment into a protected natural resource as defined in section 
480-B, subsection 8. 
Adequate and timely temporary and permanent 
stabilization measures must be taken and maintained on that site 
to 
prevent 
unreasonable 
erosion 
and 
sedimentation. 
This 
paragraph applies on and after July 1, 2005 to property that is 
located in the watershed of a 
body of water most at risk as 
identified in the department's storm water rules in effect on 
December 31, 1997 and adopted pursuant to section 420-D and that 
is subject to erosion of soil or sediment into 
a 
protected 
natural resource as defined in section 480-B, subsection 8. 
This 
paragraph applies on and after July 1, 
2010 to other property 
that is subject to erosion of soil or sediment into a protected 
natural resource as defined in section 480-B, subsection 8. 
Sec. 2. 38 MRSA §420-D, first,. as amended by PL 2001, c. 232, 
§13, is further amended to read: 
A person may not construct, or cause to be constructed, a 
project that includes 
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department. 
A person proposing a project shall apply to the 
department for 
a 
permit using an application provided by the 
departme~t and 
may 
not begin construction until approval 
is 
received. 
This section applies to a project or any portion of a 
project that is located within an organized area of this State. 
Sec. 3. 38 MRSA §420-D, sub-§l, as enacted by PL 1995, c. 704, 
Pt. B, §2 and affected by Pt. C, §2 and affected by PL 1997, c. 
603, §8, is amended to read: 
1. 
Standards. 
The department shall adopt rules specifying 
quantity and quality standards for 
storm water. 
Storm water 
quality standards for projects with 3 acres or less of impervious 
surface may address phosphorus, nitrates and suspended solids but 
may not directly address other dissolved or hazardous materials 
unless infiltration is proposed. 
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Sec. 4. 38 MRSA 420-D. sub-§12 is enacted to read: 
12. 
Significant existing 
sources. 
The 
department 
mgy 
re~uire a 
person owning or operating 
a 
significant existing 
source of storm water to implement a 
storm water management 
system. 
The owner or operator shall obtain approval from the 
department pursuant -to this 
subsection for 
the 
storm water 
management 
system. 
The 
department shall identify significant 
existing sources as provided in this subsection. 
A. 
The department shall develop a total maximum daily load 
for the watershed of 
a 
waterbody impaired due 
to urban 
runoff prior to designating significant existing sources 
within the watershed. 
B. 
The department shall adopt rules prior to re~uiring that 
an owner or operator of a significant existing source within 
the direct watershed of a specific waterbody obtain approval 
of a storm water management system. 
The rules must include 
provisions re~uiring the following: 
(l) 
The name of or other means of identifying the 
waterbody that is impaired due to urban runoff; 
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9-
description of 
the 
types or classes of significant 
existing sources; 
(3) 
A date or schedule indicating when approvals must 
be obtained; and 
(4) 
Storm water 
~uantity and 
~uality standards for 
storm water management systems. 
C. 
The 
owner 
or 
operator 
of 
a 
site designated 
as 
a 
significant existing source shall apply to the department 
for approval of a storm water management system. 
D. 
For purposes of this subsection, a "significant existing 
source" is a significant source of storm water 
~uantity 
pollution or 
~uality pollution from a developed area that 
was in existence prior to July 1, 1997 and is located in the 
direct watershed of a waterbody that is impaired due to 
urban runoff. 
Significant existing sources do not include: 
(1) 
Types 
of 
sources 
or 
activities 
described 
in 
SUbsection 7; and 
(2) 
The developed area of a facility required to meet 
ongoing storm water management standards pursuant to a 
waste discharge individual license or general permit 
for storm water issued pursuant to section 413. 
Sec. 5. Transition. 
On or 
Act, 
if a 
person constructs, 
project that includes one acre 
approval is required pursuant 
Title 38, section 420-0. 
after the effective date of this 
or causes to be constructed, 
a 
or more of disturbed area, prior 
to the Maine Revised Statutes, 
1. 
A project that required approval prior to the effective 
date of this Act continues to require approval on and after the 
effective date of this Act. 
2. 
If a project did not require approval prior to the 
effective date of this Act and there will be construction on one 
or more acres of disturbed area on or after the effective date of 
this Act, then the construction on or after the effective date of 
this Act requires prior approval. 
3. 
A disturbed area of less 
counted toward the one-acre permit 
stabilization to the extent it is 
defined in rules 
adopted by 
the 
Protection. 
than one acre continues to be 
threshold following permanent 
considered developed area as 
Department of 
Environmental 
SUMMARY 
This bill amends the laws relating to storm water management 
as 
recommended 
by the Department of 
Environmental 
Protection 
pursuant to Public Law 2003, chapter 318. 
It requires that all 
projects SUbject to the storm water laws meet basic water quality 
protection standards. 
It sets the permit threshold at one acre 
of disturbance. 
It regulates existing sources in the watershed 
of 
impaired waters 
where 
they are identified as 
significant 
contributors to the cause of impairment.