Resolve, Regarding the Department of Environmental Protection's Rule Chapter 500: Stormwater Management
Maine Legislature, Session 127, LD 1427

Legislative Document 
No. 1427 
S.P. 535 
In Senate, May 20, 2015 
Resolve, Regarding the Department of Environmental Protection's 
Rule Chapter 500: Stormwater Management 
(EMERGENCY) 
Reported by Senator SAVIELLO of Franklin for the Joint Standing Committee on 
Environment and Natural Resources pursuant to Joint Order 2015, S.P. 528. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, on January 8, 2015, the Department of Environmental Protection 
submitted for legislative review portions of Chapter 500:  Stormwater Management, a 
major substantive rule of the department; and 
Whereas, on April 29, 2015, the legislative instrument approving final adoption by 
the department of this major substantive rule submitted for legislative review became 
effective following approval by the Governor; and 
Whereas, pursuant to the Maine Revised Statutes, Title 5, section 8072, subsection 
8, final adoption by the department must occur within 60 days of the effective date of that 
legislative instrument; and 
Whereas, the additional rule change directed in this legislation was inadvertently 
omitted from that enacted legislative instrument and must be incorporated in the rule 
prior to final adoption; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, be it 
Sec. 1.  Resolve 2015, c. 12, §1, amended. Resolved: That Resolve 2015, c. 12, 
§1 is amended to read: 
Sec. 1.  Adoption.  Resolved:  That final adoption of portions of Chapter 500: 
Stormwater Management, a provisionally adopted major substantive rule of the 
Department of Environmental Protection that has been submitted to the Legislature for 
review pursuant to the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A, is 
authorized only if the following changes are made: 
1.  The rule must be amended in section 4, subsection E to clarify, for the purposes of 
the urban impaired stream standard, that where there is a department-approved 
management and monitoring plan in place and monitoring demonstrates that a stressor in 
the watershed, which may be either a pollutant or a failure to meet a water quality 
standard, is contributing to the impairment of the urban impaired stream, the department 
may require the applicant to use alternative or additional stormwater treatment measures 
to address the identified stressor; and 
2.  The rule must be amended in section sections 14 and 15 to extend the permit 
shield provision to the implementation of innovative measures to increase the probability 
that low-impact development measures will be installed. 
; and be it further 
Sec. 2.  Department of Environmental Protection; stormwater 
management rule; final adoption.  Resolved:  That notwithstanding the Maine 
Revised Statutes, Title 5, section 8072, subsection 8, the Department of Environmental 
Protection may finally adopt Rule Chapter 500 as authorized for final adoption by 
Resolve 2015, chapter 12 as amended by this resolve, as long as final adoption occurs 
within 60 days of the effective date of this resolve. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This resolve provides for final adoption by the Department of Environmental 
Protection of portions of Rule Chapter 500:  Stormwater Management, a major 
substantive rule of the department that was submitted for legislative review on January 8, 
2015 and approved for final adoption by the Legislature pursuant to Resolve 2015, 
chapter 12, effective April 29, 2015.  This resolve corrects an inadvertent omission from 
Resolve 2015, chapter 12 and provides for final adoption of the rule chapter in 
accordance with Resolve 2015, chapter 12 as amended by this resolve, as long as final 
adoption occurs within 60 days of the effective date of this resolve. 
Approved: 05/18/15
LD     
LR 2056(01)
Fiscal Detail and Notes
Any additional costs to the Department of Environmental Protection to implement this legislation are expected to be 
minor and can be absorbed within existing budgeted resources.
Fiscal Note Required: Yes
Fiscal Note
Minor cost increase - Other Special Revenue Funds
Resolve, Regarding the Department of Environmental Protection's Rule Chapter 500: Stormwater 
Management
Fiscal Note for Original Bill
Committee: Environment and Natural Resources
LR2056(01) - Fiscal Note - Page 1 of 1