An Act Concerning Storm Water Management
Maine Legislature, Session 121, LD 1570
Committee: Natural Resources
Sponsors: MARTIN, BULL
Amends: 38 MRSA §420-D, 38 MRSA §464, 38 MRSA §465

Legislative Document 
No. 1570 
S.P.529 
In Senate, April 14, 2003 
An Act Concerning Storm Water Management 
(EMERGENCY) 
Submitted by the Department of Environmental Protection pursuant to Joint Rule 204. 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Senator MARTIN of Aroostook. 
Cosponsored by Representative: BULL of Freeport. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Emergency preamble. Whereas, Acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, certain changes to state law are necessary for 
implementation of Maine's storm water program in early 2003; and 
a 
Whereas, in the judgment of the Legislature, these facts 
create an emergency wi thin the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
safety; now, therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRSA §420-D, sub-§2, as amended by PL 1997, c. 502, 
§2 and affected by c. 603, §a, is further amended to read: 
2. 
Review. 
If the applicant is able to meet the standards 
for storm water using solely vegetative means, 
the department 
shall review the application within 69 45 calendar days. 
If 
structural means are used to meet those standards, the department 
shall review the application wi thin 
~9 .2Q calendar days. 
The 
review period begins upon receipt of a complete application and 
may be extended pursuant to section 344-B or if a joint order is 
required pursuant to subsection 5. 
The department may request 
additional 
information 
necessary 
to 
determine 
whether 
the 
standards of this section are met. 
The application is deemed 
approved if the department does not notify the applicant wi thin 
the applicable review period. 
The department may allow a municipality or a 
quasi-municipal 
organization, 
such 
as 
a 
watershed 
management 
district, 
to 
substitute a management system for storm water approved by the 
department for the permit requirement applicable to projects in a 
designated 
area 
of 
the 
municipality. 
The 
municipality 
or 
quasi-municipality may 
elect to 
have 
this 
substitution take 
effect at the time the system is approved by the department, or 
at 
the 
time 
the 
system 
is 
completed 
as 
provided 
in 
an 
implementation schedule approved by the department. 
Sec. 2. 38 MRSA §464, sub-§4, ,A, as amended by PL 1997, c. 
794, Pt. A, §30, is further amended by amending subparagraph (1) 
to read: 
(I) 
Direct discharge of pollutants to waters having a 
drainage area of less than 10 square miles, except that 
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(a) 
Discharges 
into 
these 
waters 
that 
were 
licensed prior to January L 
1986 are allowed to 
continue only until practical alternatives exist: 
(b) 
Storm water discharges in conformance with 
state and local ref,luirements are exempt from this 
subparagraph: 
Sec. 3. 38 MRSA §465, sub-§2, ,C, as affected by PL 1989, c. 
890, Pt. A, §40 and amended by Pt. B, §62, is further amended to 
read: 
C. 
Direct discharges to these waters licensed after January 
1, 1986, are permitted only if, in addition to satisfying 
all 
the 
requirements 
of 
this 
article, 
the 
discharged 
effluent will be equal to or better than the existing water 
quality of 
the 
receiving 
waters. 
Prior 
to 
issuing 
a 
discharge 
license, 
the 
department 
shall 
require 
the 
applicant to objectively demonstrate to the department's 
satisfaction that the discharge is necessary 
and that there 
are no other reasonable alternatives available. 
Discharges 
into waters of this classification licensed prior to January 
1, 
1986, 
are 
allowed 
to 
continue 
only until practical 
alternatives 
exist. 
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tl'aRs~ef'--{}-~--pW-l-ut.-ant.-s---iBte--&h&-~~-s--~-6--lil£ely... 
This 
paragraph does not apply to the discharge of storm water. 
Sec. 4. 38 MRSA §465, sub-§2, "D and E are enacted to read: 
D. 
Storm water discharges to Class A waters must be in 
compliance with state and local reguirements. 
E. 
There may be no deposits of any material on the banks of 
Class A waters in any manner so that transfer of pollutants 
into the waters is likely. 
Sec. 5. Report. 
By 
February 
1, 
2004, 
the Department of 
Environmental 
Protection shall 
report 
to 
the Joint Standing 
Committee on Natural Resources with recommendations for improving 
the effectiveness of storm water management in this State. 
These 
recommendations must include provisionally adopted rules pursuant 
to the Maine Revised Statutes, Title 38, sections 413 and 420-D 
to 
regulate 
storm water 
discharges 
to 
impaired waters 
from 
existing development where necessary to allow restoration of 
water quality and from new development both during and after 
construction. 
The 
department 
may 
also 
make 
recommendations 
concerning other issues such as encouraging the creation of local 
or regional storm water utility districts and funding storm water 
management 
programs 
at the state and local level, 
including 
long-term efforts to inspect, maintain and upgrade or retrofit 
storm water management systems in impaired or at-risk watersheds 
or sensitive or threatened regions or watersheds. 
The department shall consult with state and federal agencies 
as well 
as 
representatives of interested stakeholder groups, 
including 
business 
and 
environmental 
groups 
and 
the 
Maine 
Municipal 
Association, 
when 
developing 
these 
recommendations. 
The Joint Standing Committee on Natural Resources may report out 
legislation based on the recommendations related to storm water 
management to the Second Regular Session of the 121st Legislature. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved. 
SUMMARY 
This bill amends 
Maine's 
storm water 
extend 
the 
review 
period 
for 
applicants 
vegetative means to control storm water from 
days 
and 
the 
review period for 
applicants 
structural means from 60 to 90 days. 
management 
proposing 
to 45 
proposing 
law to 
solely 
calendar 
to 
use 
This 
having a 
discharge 
bill allows the discharge of storm water to waters 
drainage area of less than 10 square miles if the 
is in conformance with state and local requirements. 
It provides that certain discharge limitations do not apply 
to the discharge of storm water. 
It provides that storm water discharges to Class A waters 
must be in compliance with state and local requirements. 
It 
changes 
the 
allocation 
of 
the 
law 
prohibiting 
the 
placement of materials on the banks of Class A waters in any 
manner so that the transfer of pollutants into the waters is 
likely. 
The bill requires the Department of Environmental Protection 
to report to the Joint Standing Committee on Natural Resources by 
February 1, 2004. 
The report must include recommendations for 
improving the effectiveness of storm water management in this 
State and include rules provisionally adopted pursuant to the 
Maine Revised Statutes, Title 38, sections 413 and 420-0 that 
regulate storm water discharges to impaired waters from existing 
development where necessary to allow restoration of water quality 
and from new development both during and after construction. 
The 
department shall consult with state and federal agencies and 
environmental 
and 
business 
interest groups 
when 
considering 
recommendations. 
The 
Joint 
Standing 
Committee 
on 
Natural 
Resources 
may 
report out legislation related to storm water 
management to the Second Regular Session of the 12lst Legislature.