An Act Regarding Storm Water Program Administration
Maine Legislature, Session 122, LD 2035
Committee Amendment CA_A_H879 (House)
Amends: 38 MRSA §420-D, 38 MRSA §490-E, 38 MRSA §490-C

SECOND REGULAR S~SSION . 
COMMITTEE AMENDMENT "A" to 
Regarding Storm Water Program 
H.P. 1435, L.D. 2035, Bill, "An 
Administration" 
Amend the bill by striking out all of sections 2 and 3 and 
inserting in their place the following: 
. Sec. 2. 38 MRSA §420-D, sub§-5, as amended by PL 2001, c. 
232, §14, is further amended to read: 
5. 
Relationship to other 
laws. 
A 
storm water 
permit 
pursuant to this section is not required for a project requiring 
review 
by 
the 
department pursuant to 
any 
of 
the 
following 
provisions but the project may be required to meet standards for 
management of storm water 
adopted pursuant to this section: 
article 6, site location of development; article 7, performance 
standards for excavations for borrow, 
clay, topsoil or silt; 
article 8-A, performance standards for quarries; and sections 631 
to 636, permits for hydropower projects. When a project requires 
a storm water permit and requires review pursuant to article 5-A, 
the department shall issue 
a 
joint order unless 
the permit 
required pursuant to article 5-A is a permit-by-rule or general 
permit, or separate orders are requested by the applicant and 
approved by the department. 
A storm water permit pursuant to this section is not required for 
a project receiving review by a registered municipality pursuant 
to section 489-A if the storm water ordinances under which the 
project is reviewed are at least as stringent as the storm water 
Page l-LR3188(2) 
COMMITTEE AMENDMENT 
,,~ 
:;";*~ 
COMMITTEE AMENDMENT .. A 
.. to H.P. 1435, L.D. 2035 
standards adopted pursuant to section 484 
aBa--a-r--e--i.B--e-f..f~-at: 
t:he--t-i-me--e~-~~~-as--de-t-e-r-m-i-ned--By--t-he--aeFart:HleBt: or if the 
municipality meets the requirements of section 489-A, subsection 
2-A, paragraph B. 
Sec. 3. 38 MRSA §420-D, sub-§7, 1[C, as enacted by PL 1995, c. 
704, Pt. B, §2 and affected by PL 1997, c. 603, §§8 and 9, is 
amended to read: 
C. 
If the commissioner determines that a municipality's 
ordinance meets or exceeds the provisions of this section 
and that the municipality has the resources to enforce that 
ordinance, the commissioner shall exempt any project within 
that municipality. 
The department shall maintain a list of 
municipalities meeting these criteria and update this list 
at least every 2 years. 
The commissioner shall immediately 
notify municipalities on the list of municipalities meeting 
these criteria of 
new or 
amended rules 
adopted bv the 
department pursuant to this article. 
If a municipality on 
the list no longer meets these criteria, it must be removed 
from the 
listT--~~~~~-eeBst:rHet:ee-~~~-~-HlHB~e~Fa±~ty 
~S-~~-~FeHl-~~-~~&~-ffiQ~~-~&a~-aFF£e¥a~-~~--t:e 
t:his--seeti-eB-r, except that if the municipality no longer 
meets these criteria due to new or amended department rules, 
then the municipality remains on the list if: 
(1) 
The 
muni cipali ty 
adopts 
amendments 
to 
its 
ordinances within one calendar year of the effective 
date of the new or amended department rules: 
(2) 
The municipality submits the amended ordinances to 
the commissioner within 45 calendar days of adoption 
for review; and 
( 3) 
The 
commissioner 
determines 
that 
the 
amended 
ordinances 
meet 
or 
exceed 
the 
provisions 
of 
this 
section. 
A project constructed after a municipality is removed from 
the list must obtain approval pursuant to this section. 
Sec. 4. 38 MRSA §420-D, sub-§9, as enacted by PL 1995, c. 704, 
Pt. B, §2 and affected by PL 1997, c. 603, §§8 and 9, is amended 
to read: 
9. 
Rules. 
Rules adopted pursuant to this section are Hla~er 
sHBst:aBt:i.ve 
routine 
technical 
rules 
as 
defined in Title 
5, 
chapter 375, subchapter !!-A 2-A, except that those rules that 
qualify as state mandates pursuant to the Constitution of Maine, 
COMMITTEE AMENDMENT 
;;.. 
~i?"~(i 
COMMITTEE AMENDMENT "A" to H.P. 1435, L.D. 2035 
Article IX, Section 21 are major substantive rules as defined in 
Title 5, chapter 375, subchapter 2-A. 
Sec. 5. 38 MRSA §490-E, 2nd 1[, as enacted by PL 1995, c. 700, 
§25, is amended to read: 
The 
department 
shall 
adopt 
rules 
that 
set 
forth 
the 
standards for granting a variance from the performance standards 
in this article. 
These rules are major substantive rules as 
defined in Title 5, chapter 375, 
subchapter ±±-A 2-A. 
±H.ese 
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Ne~wi~H.s~aBQiB~--~~~~~--~r--~~~~-~~~r--~~B~e€~ie£---~,--~H.e 
gHee~~ive-~~~~-~~-~~~~~~-~e~B€i~-~~~-imffieQia~e*y 
assi~B-~~-ptevisieBa**y-~~-t~*es-~~-~H.e--}oi~--S~aBQiB~ 
eemffii~~ee-~~-~~-be~46~a~~~e--~a¥~~--~-~~-~-~~--Ba~~ta* 
tese~tees-ma~~etST 
Sec. 6. 38 MRSA §490-CC, first 1[, as enacted by PL 1995, c. 
700, §35, is amended to read: 
An 
owner 
or 
operator 
must 
comply 
with 
the 
performance 
standards 
in 
section 
490-Z 
unless 
a 
variance 
from 
those 
performance standards is approved by the department. 
Except when 
prohibited by section 490-Z, the department may grant a variance 
from the performance standards in this article if the owner or 
operator affirmatively demonstrates to the department that the 
variance does not adversely affect natural resources or existing 
uses and does not adversely affect the health, safety and general 
welfare of the public. 
The department may adopt rules that set 
forth the standards for granting a variance from the performance 
standards in this article. 
Such rules are major substantive 
rules as defined in Title 5, chapter 375, subchapter 2-A. 
A 
variance 
application 
must 
include 
any 
fee 
applicable 
under 
section 
490-EE. 
The 
department 
shall 
process 
the 
variance 
application according to chapter 2 and the rules adopted by the 
department for processing an application. 
An applicant for a 
variance under this article shall hold a public informational 
meeting as described in those rules. 
Sec. 7. General permit for industrial facilities and report. 
By 
January 1, 2009, the Department of Environmental Protection shall 
report to the joint standing committee of the Legislature having 
jurisdiction over natural resources matters on what, if any, 
standard industrial codes or activities not covered by a standard 
industrial code should be added to the industrial storm water 
program. 
The report must include the projected revenue from fees 
and the projected operating costs of extending the storm water 
program 
to 
address 
these activities 
through 
the multisector 
general permit in 2010. 
COMMITTEE AMENDMENT 
I~~ 
COMMITTEE AMENDMENT .. A 
.. to H.P. 1435, L.D. 2035 
Sec. 8. Rules regarding storage of petroleum products and externally 
drained pits. 
Notwithstanding the Maine Revised Statutes, Title 
38, 
sections 490-E and 490-CC, 
amendments to rules regarding 
performance and design standards for the storage of petroleum 
products and variance requirements for externally drained pits 
are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A until March 1, 2007. 
Sec. 9. Authority to report out legislation. 
The joint standing 
committee of the Legislature having jurisdiction over natural 
resources matters may report out legislation relating to the 
report required pursuant to section 7 of this Act to the First 
Regular Session of the 124th Legislature. 
Sec. 10. Application. 
The provisions of this Act that amend 
the Maine Revised Statutes, Title 38, section 420-D, subsection 5 
and subsection 7, paragraph C do not apply to rules regarding 
storm water management and amendments to rules regarding storm 
water management that are adopted prior to the effective date of 
this Act. I 
SUMMARY 
This amendment replaces the bill except that it retains the 
provision of the bill that establishes an annual 
fee for 
a 
general 
permit 
for 
industrial 
storm 
water 
discharges. 
The 
amendment allows municipalities one year to bring their local 
storm water ordinances into compliance with any new or amended 
storm water rules that the Department of Environmental Protection 
adopts after the effective date of this amendment. 
The amendment 
designates storm water rules as routine technical rules except 
for rules that are state mandates. 
The 
amendment designates 
certain rules regarding the storage of petroleum products and 
quarries and borrow pits as routine technical rules until March 
1, 2007. 
The amendment directs the Department of Environmental 
Protection to report to the joint standing committee of the 
Legislature having jurisdiction over natural resources matters on 
what, if any, activities or standard industrial codes should be 
added to the industrial storm water program. 
FISCAL :\on: H.EQURED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/23/06 ;t;?ac:.. 
Revenue 
LD 2035 
LR3188(02) 
An Act Regarding Storm Water Program Administration 
Fiscal Note for Bill as Amended by Committee Amendment ,~, 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
2005-06 
2006-07 
Projections 
2007-08 
Other Special Revenue Funds 
$0 
$150,000 
$175,000 
',seal Detail and Notes 
Projections 
2008-09 
$225,000 
Establishing an annual fee of up to $300 for a general permit for industrial storm water discharge will increase 
dedicated revenue to the Maine Environmental Protection Fund by $150,000 in fiscal year 2006-07, $175,000 in fiscal 
year 2007-08 and $225,000 in fiscal year 2008-09. There is sufficient allocation in the Maine Environmental 
Protection Fund to accommodate the increased revenue. Also, the supplemental budget, LD 1968, contains several 
adjustments that reorganize positions associated with the storm water program. 
LR3188(2) - Fiscal Note - Page 1 of 1