An Act Regarding Storm Water Program Administration Amend the amendment by inserting after section the following: . Sec. 5. 38 MRSA §485-A, sub-§l-C, as enacted by PL 1995, c. 704, Pt. A, §12 and affected by Pt. C, §2, is amended to read: I-C. Approval of future development sites. The department shall adopt rules allowing the option of, and identifying requirements for, a planning permit that .allows approval of development within a specified area :and within specified parameters such as maximum area, groundwater usage and traffic generation, although the specific nature and extent of the development or timing of construction may not be known at the time the permit is issued. The location and parameters of the development must meet the standards of this article. This alternative is not available for metallic mineral m~n~ng or advanced exploration activities. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter **-A 2-A. If the department determines that full compliance with new or amended rules enacted after a planning permit was issued will significantly alter the plan for the development, the department may require the permittee to comply with the rules in effect at the time of issuance of the planning permit and, to the extent Page l-LR3188(4) SENATE!, AMENDMENT
Maine Legislature, Session 122, LD 2035
Committee Amendment CA_A-SA_A_S594 (Senate)
Amends: 38 MRSA §485-A

SENATE 
AMENDMENT "A" to COMMITTEE 
AMENDMENT 
"A" to H. P. 
1435, 
L.D. 
2035, Bill, 
"An Act Regarding Storm Water Program 
Administration" 
Amend 
the 
amendment 
by 
inserting after 
section 
the 
following: 
. Sec. 5. 38 MRSA §485-A, sub-§l-C, as enacted by PL 1995, c. 
704, Pt. A, §12 and affected by Pt. C, §2, is amended to read: 
I-C. 
Approval of future development sites. 
The department 
shall 
adopt 
rules 
allowing 
the 
option 
of, 
and 
identifying 
requirements 
for, 
a 
planning permit that .allows 
approval 
of 
development 
within 
a 
specified 
area :and 
within 
specified 
parameters such as maximum area, groundwater usage and traffic 
generation, 
although 
the 
specific nature 
and extent of 
the 
development or timing of construction may not be known at the 
time the permit is issued. 
The location and parameters of the 
development 
must 
meet 
the 
standards 
of this article. 
This 
alternative is not available for metallic mineral 
m~n~ng or 
advanced exploration activities. 
Rules adopted pursuant to this 
subsection are major substantive rules as defined in Title 5, 
chapter 375, subchapter **-A 2-A. 
If the department determines that full compliance with new or 
amended rules enacted after a planning permit was issued will 
significantly alter the plan for the development, the department 
may require the permittee to comply with the rules in effect at 
the time of issuance of the planning permit and, to the extent 
Page l-LR3188(4) 
SENATE!, AMENDMENT 
SENATE AMENDMENT "A" to COMMITTEE AMENDMENT "A" to H.P. 
L.D. 2035 
1435, 
practicable, to comply with additional reguirements or standards 
in the new or amended rules for any remaining portion of the 
development for which final submissions have not been provided. 
The 
department 
may 
not 
reguire 
significant 
alteration 
of 
constructed 
or 
permitted 
infrast~re authorized 
by 
the 
planning permit, or subseguent approvals designed to serve future 
development phases in exis~e at the time of the new or amended 
rules in assessing practicability. 
For purposes of this subsection, "practicable" means available 
and feasible considering cost, existing technology and 
logistic~ 
based on the overall purpose of the project as authorized in the 
planning permit.' 
Further amend the amendment by 
any 
nonconsecutive 
Part 
letter 
or 
consecutively. 
relettering or renumbering 
section 
number 
to 
read 
SUMMARY 
This 
amendment 
allows 
the 
Department 
of 
Environmental 
Protection, 
if 
rules 
are 
enacted 
or 
amended 
that 
will 
significantly alter 
a 
plan for 
development that has 
already 
received a permit, to require the permittee to comply with the 
rules that were in effect at the time the permit was issued and, 
if practicable, additional requirements in the new or amended 
rules. 
SPONSORED BY, Ul&~ 
(Senator COWGER) 
COUNTY: 
Kennebec 
AMENDMENT