An Act To Assist Municipal Implementation and Enforcement of Storm Water Management Programs
Maine Legislature, Session 122, LD 0608
Committee: Natural Resources
Sponsors: KOFFMAN, COWGER, DAIGLE, DUCHESNE, EBERLE
Amends: 4 MRSA §152, 30-A MRSA §4452

Legislative Document 
No. 608 
H.P.441 
House of Representatives, February 3,2005 
An Act To Assist Municipal Implementation and Enforcement of 
Storm Water Management Programs 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Representative KOFFMAN of Bar Harbor. 
Cosponsored by Senator COWGER of Kennebec and 
17/~ 
/J7. 7llac~{ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: DAIGLE of Arundel, DUCHESNE of Hudson, EBERLE of South Portland. 
Printed on recycled poper 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 4 MRSA §152, sub-§6-A, ,0, as enacted by PL 1989, c. 
878, Pt. A, §7, is amended to read: 
O. 
Local ordinances regarding air pollution control enacted 
pursuant to Title 38, section 597; aBa 
Sec. 2. 4 MRSA §152, sub-§6-A, ,P, as amended by PL 1999, c. 
731, Pt. ZZZ, §4 and affected by §42, is further amended to read; 
P. 
The laws pertaining to harbors in Title 38, chapter l, 
subchapter 
I 
1; 
local 
harbor 
ordinances 
adopted 
in 
accordance with Title 38, section 7 and regulations adopted 
by municipal officers pursuant to Title 38, section 2; ang 
Sec.3. 4 MRS A §152, sub-§6-A"Q is enacted to read: 
O. Local ordinances and ordinance provisions regarding storm 
water, 
including, 
but 
not 
limited 
to, 
ordinances 
and 
ordinance prov1s1ons regulating nonstorm water discharges, 
const.u,!.ction site runoff and postconstruction storm water 
management. enacted as required by the federal Clean Water 
Act and federal regulations and by state permits and rules; 
Sec. 4. 30-A MRSA §4452. sub-§5. ,Q, as amended by PL 1989, c. 
287, §3, is further amended to read: 
Q. 
Shoreland zoning ordinances adopted pursuant to Title 
38, 
sections 435 to 447, 
including those whish that were 
state-imposed; aBa 
Sec. 5. 30-A MRSA §4452. sub-§5. ,R. as enacted by PL 1989, c. 
287, §4, is amended to read: 
R. 
The laws pertaining to harbors in Title 38, chapter l, 
subchapter 
I 
1, 
local 
harbor 
ordinances 
adopted 
in 
accordance with Title 38, section 7 and regulations adopted 
by municipal officers pursuant to Title 38, section 2T; and 
Sec. 6. 30-A MRSA §4452, sub-§5,'S is enacted to read: 
S. 
Local 
ordinances 
and 
ordinance 
provisions 
regarding 
gorm water, in<;;luding, but not limited to, ordinances and 
ordinance provisions regulating nonstorm water discharges, 
construction site runoff 
and postconstruction storm water 
management, enacted as~quired by the federal Clean Water 
Act and federal regulations and by state permits and rules. 
Page l-LR0674( 1) 
" 
SUMMARY 
This 
bill 
assists 
municipalities 
in 
implementing 
and 
enforcing storm water management programs to regulate and control 
storm water pollution. 
The bill ensures that the District Court 
and 
Superior 
Court 
have 
concurrent 
jurisdiction 
to 
hear 
enforcement 
actions 
brought 
by 
municipalities 
regarding 
violations 
of 
ordinances 
and 
ordinance 
provisions 
they 
are 
required to enact, implement and enforce regarding nonstorm water 
discharges, construction site runoff and pos tconstruction storm 
water management. 
The bill also adds these ordinances to the 
list 
of 
environmental 
ordinances 
that 
the 
municipality 
may 
enforce using the land use enforcement mechanism, pursuant to the 
Maine 
Rules 
of 
Civil 
Procedure, 
Rule 
80K, 
authorizing 
code 
enforcement officers to prosecute certain violations and by which 
a prevailing municipality may obtain a fine, injunctive relief or 
payment of attorney's fees, expert witness fees and costs from 
the violator if the municipality prevails.