An Act Regarding Storm Water Program Administration
Maine Legislature, Session 122, LD 2035
Committee: Natural Resources
Amends: 38 MRSA §353-B, 38 MRSA §420-D

Legislative Document 
No. 2035 
H.P.1435 
House of Representatives, February 28,2006 
An Act Regarding Storm Water Program Administration 
Reported by Representative KOFFMAN of Bar Harbor for the Joint Standing Committee 
on Natural Resources pursuant to Public Law 2005, chapter 157. 
Reference to the Committee on Natural Resources suggested and ordered printed under 
Joint Rule 218. 
-Printed on ""'y<1ed paper 
/J1~ 
1/7. 7T/tJ£~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRSA §353-B, sub-§2, ,.A, as amended by PL 2003, c. 
246, Sl, is further amended to read: 
A. 
The base 
and maximum 
fees that may be assessed to 
categories of discharge activities are as follows. 
Discharge Group 
Publicly owned 
annual fee 
treatment facilities, 
greater than 6,000 
gallons per day but 
less than 5 million 
gallons per day and 
no significant 
industrial waste 
Publicly owned 
annual fee 
treatment facilities, 
6,000 gallons per day 
or less 
Publicly owned 
annual fee 
treatment facilities, 
greater than 5 million 
gallons per day or 
with significant 
industrial waste 
Major industrial 
annual fee 
facility, process 
wastewater (based 
on EPA list of 
major source 
discharges) 
Other industrial 
facility, process 
wastewater 
Food handling or 
packaging waste-
water 
Fish rearing 
facility 
annual fee 
annual fee 
annual fee 
Base fee 
Maximum fee 
not to 
exceed 
$175 
$60 
$770 
$1, 850 
$630 
$315 
$230 
for individual 
in group 
none 
$180 
none 
none 
none 
$2,100 
$1,400 
Noncontact cooling 
annual fee 
$90 
$7,000 
water 
Industrial or 
annual fee 
$115 
$2,100 
commercial sources, 
miscellaneous or 
incidental non-
process wastewater 
Municipal combined 
annual fee 
$115 
$1,400 
sewer overflow 
Sanitary 
annual fee 
$60 
$1,200 
wastewater, 
excluding 
overboard discharge 
Sanitary 
annual fee 
$210 
$1,200 
overboard 
discharge, 
commercial 
sources 
Sanitary 
annual fee 
$175 
overboard 
discharge, 
residential 
sources 600 
gallons per day 
and less 
Sanitary 
annual fee 
$200 
$600 
overboard 
discharge, 
residential 
sources more 
than 600 
gallons per 
day 
Sanitary 
annual fee 
$210 
$500 
overboard 
discharge, 
public 
sources 
Aquatic pesticide 
annual fee· 
$200 
application 
Snow dumps 
Salt and sand 
storage pile 
Log storage permit 
~energl permit 
~Qvergge fQr 
in!ly~trigl stQrm 
wgter !li~~hgrge~ 
(ex~~pt ~Qn~try~tiQn} 
General permit 
coverage (other} 
Experimental 
discharge license 
Mixing zone, in 
addition to other 
applicable fees 
Formation of 
sanitary district 
Transfer of license 
for residential or 
commercial sanitary 
wastewater 
annual fee* 
$125 
annual fee* 
$150 
annual fee* 
$200 
gnnygl fee* 
£l.Q.Q 
annual fee* 
$100 
license fee* 
$500 
flat fee* 
$4,000 
flat fee* 
$300 
flat fee* 
$100 
*Discharge or license quantity fees do not apply to these 
categories. 
When 
a 
license authorizes multiple discharge points in 
different categories in the same license, the total maximum 
fee for the license may not exceed the maximum fee for the 
most significant category plus 1/2 of the maximum fee for 
each of the other applicable categories. 
Sec. 2. 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 
ma}9F-S~es~aR~ive routine technical rules as defined in Title 5, 
chapter 375, subchapter Il-A 2-A. 
Sec. 3. General permit for industrial facilities. 
By January 1, 
2008, 
the 
Department 
of 
Environmental 
Protection 
shall 
expand coverage of the multisector general permit for industrial 
storm water discharges to include publicly owned facilities that 
have storm water discharge associated with an industrial activity. 
SUMMARY 
This bill establishes an annual fee of up to $300 for a 
general 
permit 
for 
industrial 
storm water 
discharges 
issued 
pursuant to the waste discharge laws. 
The bill also directs the 
Department of Environmental Protection to modify the general 
permit for industrial storm water discharges to include publicly 
owned facilities by January 1, 2008. 
The bill also amends the 
rule-making 
prov~s~on 
in 
the 
law 
regulating 
storm 
water 
management to provide that rules adopted pursuant to that law are 
routine technical rules rather than major substantive rules.