An Act Concerning Storm Water Management
Maine Legislature, Session 122, LD 1558
Committee: Natural Resources
Sponsors: COWGER, FISCHER, MARLEY
Amends: 38 MRSA §413, 38 MRSA §420, 38 MRSA §420-D

Legislative Document 
No. 1558 
S.P.542 
In Senate, April 7, 2005 
An Act Concerning Storm Water Management 
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 COWGER of Kennebec. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Representatives: FISCHER of Presque Isle, MARLEY of Portland. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRSA §413, sub-§I-A, as affected by PL 1989, c. 
890, Pt. A, §40 and amended by Pt. S, §28, is further amended to 
read: 
I-A. 
License 
required 
for 
surface 
wastewater 
disposal 
systeDIS. No person may install, operate or maintain a surface 
wastewater disposal 
system without first obtaining 
a 
license 
therefor from the department, 
except that the department may 
exempt or license by rule categories of storm water discharges to 
groundwater 
when the discharges will not have 
a 
significant 
adverse effect on the guality or classification of waters of the 
State. 
Rules adopted pursuant to this subsection are routine 
technical rules as defined in Title 5, chapt&r 375, subchapter 
2-A unless the rules are incorporated as amendments to existing 
rules that are major substantive rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
Sec. 2. 38 MRSA §413, sub-§l-B, 1[B, as enacted by PL 2003, c. 
551, §5, is amended to read: 
S. 
The department may exempt or license by rule li:eease 
categories of subsurface discharges whea-the-Qi6eha~~es-will 
aet-~-~-si:~ai:ii:eaat-~~-~~~--ea-~~-~~~~-eF 
elassiUeati:ea-«-~I'&~RGwa-t.&F-s--e.f--t-be--State to groundwater 
in the same manner and using the same criteria as provided 
in subsection I-A. 
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Sec. 3. 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 6QTQQQ--sq.u.ar-e--ieet--o£--meEe-«--impeFVieQs 
aFea-e~-S-aeEes one acre or more of disturbed area iR-~Re-QiEeet 
wate~sheQ-ei-a-~«-~~-~~-F-~-~~-Rew-Qeve~epmeRt-e~ 
eRe-~~--o£--meE~-ei--1mpeF-~~~S--~~-~--i-~~s---o£--meEe--ei 
Qi:stQ~geQ-aEea-~~~~~heF--aFea without prior approval from the 
department. 
A person proposing a project shall apply to the 
department for· a permit using an application provided by the 
department 
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. 
Page l-LR0586(1) 
Sec. 4. 38 MRSA §420-D, sub-§I, as enacted by PL 1995, c. 704, 
Pt. B, §2 and affected by PL 1997, c. 603, §§8 and 9, 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.s. 38 MRSA §420-D, sub-§7, ,D, as enacted by PL 1995, c. 
704, Pt. B, §2 and affected by PL 1997, c. 603, §§8 and 9, is 
repealed. 
Sec. 6. 38 MRSA §420-D, sub-§10, as amended by PL 1997, c. 
502, §3 and affected by c. 603, §§8 and 9, is repealed. 
Sec. 7. 38 MRSA §420-D, sub-§§12 and 13 are enacted to read: 
12. Fees. An applicant for a permit under this section shall 
pay a fee to the department as follows. 
A. If structural means of storm water control are used, the 
fee is $500 for the first acre of disturbed area, plus $250 
for each additional whole acre of disturbed area. 
B. 
If solely vegetative means of storm water control are 
used, the fee is $250 for the first acre of disturbed area, 
plus $125 for each additional whole acre of disturbed area. 
C, When a permit by rule is required as provided by rules 
adopted by the department, the fee is $55. 
If a project described in paragraph A or 
B is reviewed and 
approved 
by 
a 
professional 
engineer 
at 
a 
soil 
and 
water 
conservation 
district 
office 
that 
has 
a 
memorandum 
of 
understanding with the department concerning review of projects 
pursuant to this section, the fee is reduced to $100 for the 
first acre of disturbed area, plus $50 for each additional whole 
acre of disturbed area. 
13. 
Sigp~ticant ezisting 
sources. 
require 
a 
person owning or operating 
source of storm water to implement 
a 
The 
department 
may 
a 
significant existing 
storm water management 
system. 
The owner or operator shall obtain approval from the 
department 
pursuant 
to 
this 
subsection 
for 
the 
storm water 
management system. 
For 
the 
purposes 
of 
this 
subsection, 
"significant 
existing 
source" 
means 
a 
significant existing source 
of 
storm water 
pollution based on quantity or quality standards for storm water 
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. 
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. 
S. The department shall adopt rules prior to 
requ~r~ng 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. 
Rules adopted pursuant 
to this paragraph are routine technical rules as defined in 
Title 
5, 
chapter 
375, 
subchapter 
2-A. 
The 
rules 
must 
include, but are not limited to, the following: 
(1) 
The 
name 
of or other means of identifying the 
waterbody that is impaired due to urban runoff: 
(2) 
A list of 
significant 
existing 
sources 
or 
a 
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 quantity and quality 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. 
"Significant existing source" does not include: 
(1) 
Types 
of 
sources 
or 
activities 
described 
in 
subsection 7; 
(2) 
The developed area of a facility required to meet 
ongoing storm water management standards pursuant to a 
storm 
water 
general 
or 
individual 
permit 
issued 
pursuant to section 413: and 
(3) 
A municipal conveyance system unless the storm 
water pollution originates with the conveyance system. 
Sec. 8. Transition. 
Prior approval is required pursuant to 
the Maine Revised Statutes, Title 38, section 420-0 if a person 
constructs, or causes to be constructed, a project that includes 
one acre or more of disturbed area on or after the effective date 
of this Act. 
1. 
If a person has a project that required approval prior 
to the effective date of this Act, 
the project continues to 
require approval on and after the effective date of this Act. 
2. 
If a person has a project that did not require approval 
prior to the effective date of this Act, and the person proposes 
to construct or cause to be constructed a project that includes 
one or more acres of disturbed area on or after the effective 
date 
of 
this 
Act, 
then 
approval 
is 
required. 
Only 
the 
construction on or after the effective date of this Act requires 
prior approval. 
3. 
A disturbed area of less than one acre continues to be 
counted toward the one-acre permit threshold under this section 
following permanent stabilization to the extent it is considered 
developed area as defined in rules adopted by the Department of 
Environmental Protection. 
SUMMARY 
1. 
This bill amends the laws governing waste discharge in 
the following ways. 
A. 
It 
provides 
that 
the 
Department 
of 
Environmental 
Protection may exempt or license by rule discharges of storm 
water 
to 
groundwater 
from 
surface 
wastewater 
disposal 
systems if such discharges will not have 
a 
significant 
adverse effect on the quality or classification of waters of 
the State. 
Rules adopted to implement these provisions are 
routine technical rules. 
B. 
It provides that the department may exempt, in addition 
to license by rule, 
subsurface discharges to groundwater 
from 
subsurface 
wastewater 
disposal 
systems 
if 
such 
discharges will not have a significant adverse effect on the 
quality or classification of waters of the State. 
Rules 
adopted to implement these provisions would continue to be 
routine technical rules. 
2. 
This 
bill 
amends 
the 
laws 
governing 
storm 
water 
management in the following ways. 
A. 
It changes the permitting threshold in the storm water 
management laws to one acre or more of disturbed area. 
B. 
It removes language providing that storm water quality 
standards only apply in the direct watersheds of water 
bodies most at risk from development and in sensitive or 
threatened geographic regions or watersheds. 
C. 
It repeals an exemption for construction projects at 
industrial facilities for which a federal storm water permit 
application 
has 
been 
made 
or 
construction projects 
at 
facilities 
for 
which 
storm water is regulated under 
an 
existing federal discharge permit. 
D. 
It changes 
the 
fee 
provisions 
in the 
storm water 
management laws. 
E. 
It authorizes the department to require a person owning 
or operating a significant existing source of storm water to 
implement a storm water management system. 
F. 
It provides transition provisions.