An Act To Modify Exemptions for Certain Storm Water Discharges to Class AA and SA Waters
Maine Legislature, Session 130, LD 1801
Committee: Environment and Natural Resources
Sponsors: ZEIGLER
Amends: 38 MRSA §464, 38 MRSA §465, 38 MRSA §465-B, 38 MRSA §467, 38 MRSA §469

Legislative Document
No. 1801
H.P. 1342
House of Representatives, December 9, 2021
An Act To Modify Exemptions for Certain Storm Water Discharges 
to Class AA and SA Waters
(EMERGENCY)
Submitted by the Department of Environmental Protection pursuant to Joint Rule 203.
Received by the Clerk of the House on December 7, 2021.  Referred to the Committee on 
Environment and Natural Resources pursuant to Joint Rule 308.2 and ordered printed pursuant 
to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative ZEIGLER of Montville.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, current law enacted in 1999 that established an exemption for certain 
discharges of storm water to Class AA and SA waters has been disapproved by the United 
States Environmental Protection Agency; and
Whereas, this disapproval creates regulatory uncertainty for the legality of certain 
existing discharges of storm water, and potential future discharges of storm water, to Class 
AA and SA waters; and
Whereas, this uncertainty may have significant economic impacts on certain 
dischargers of storm water to Class AA and SA waters; and
Whereas, in order to avoid these adverse consequences, modification of the 
exemption for certain discharges of storm water to Class AA and SA waters is appropriate 
and necessary; 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 enacted by the People of the State of Maine as follows:
Sec. 1.  38 MRSA §464, sub-§4, ¶F, as amended by PL 1991, c. 66, Pt. B, §1, is 
further amended by amending subparagraph (2) to read:
(2)  Where high quality waters of the State constitute an outstanding national 
resource, that water quality must be maintained and protected.  For purposes of this 
paragraph, the following waters are considered outstanding national resources: 
those water bodies in national and state parks and wildlife refuges; public reserved 
lands; and those water bodies classified as Class AA and SA waters pursuant to 
section 465, subsection 1; section 465-B, subsection 1; and, unless otherwise 
specified, listed under sections 467, 468 and 469.
Sec. 2.  38 MRSA §465, sub-§1, ¶C, as amended by PL 2021, c. 50, §§1 and 2, is 
further amended by amending subparagraph (1) to read:
(1)  Storm water discharges that are in compliance with state and local 
requirements are allowed. if one or more of the following conditions are met:
(a)  The storm water discharge existed prior to the waters' being classified as 
Class AA with a designation as an outstanding national resource as described 
in section 464, subsection 4, paragraph F, subparagraph (2), including storm 
water discharges that existed prior to designation of the waters as an 
outstanding national resource and are not licensed by the department or were 
not relicensed for some duration after the waters' designation as an outstanding 
national resource.  This division does not authorize new or increased storm 
water discharge;
(b)  For storm water discharges requiring a general permit for construction, the 
discharge is temporary and short term and does not permanently degrade water 
quality. For the purposes of this division, a discharge is temporary and short 
term if the discharge occurs only during the time necessary to construct a 
facility to make it operational. Best management practices must be used during 
such construction; or
(c)  The Class AA water is not designated as an outstanding national resource 
as described in section 464, subsection 4, paragraph F, subparagraph (2) and 
sections 467 and 468.
Sec. 3.  38 MRSA §465-B, sub-§1, ¶C, as amended by PL 2013, c. 193, §5, is 
further amended by amending subparagraph (1) to read:
(1)  Storm water discharges that are in compliance with state and local 
requirements; if one or more of the following conditions are met: 
(a)  The storm water discharge existed prior to the waters' being classified as 
Class SA with a designation as an outstanding national resource as described 
in section 464, subsection 4, paragraph F, subparagraph (2), including storm 
water discharges that existed prior to designation of the waters as an 
outstanding national resource and are not licensed by the department or were 
not relicensed for some duration after the waters' designation as an outstanding 
national resource. This division does not authorize new or increased storm 
water discharge;
(b)  For storm water discharges requiring a general permit for construction, the 
discharge is temporary and short term and does not permanently degrade water 
quality. For the purposes of this division, a discharge is temporary and short 
term if the discharge occurs only during the time necessary to construct a 
facility to make it operational. Best management practices must be used during 
such construction; or
(c)  The Class SA water is not designated as an outstanding national resource 
as described in section 464, subsection 4, paragraph F, subparagraph (2) and 
section 469;
Sec. 4.  38 MRSA §467, sub-§6-A, ¶B, as amended by PL 2017, c. 137, Pt. B, §6, 
is further amended by amending subparagraph (2) to read:
(2)  West Branch of the Narraguagus River in T.22 M.D. B.P.P., T.16 M.D. B.P.P., 
T.10 S.D. B.P.P. and Cherryfield - Class AA. Pursuant to section 464, subsection 
4, paragraph F, subparagraph (2), the segment from the confluence of Pork Brook 
to the confluence of Manhanon Brook is not designated as an outstanding national 
resource.
Sec. 5.  38 MRSA §467, sub-§14, ¶A, as repealed and replaced by PL 1999, c. 277, 
§17, is amended by amending subparagraph (2) to read:
(2)  From a point located 2,000 feet below the outlet of Little Pond to the 
confluence with Stevens Pond, from the outlet of Stevens Pond to the confluence 
with Trues Pond and from the outlet of Trues Pond to the confluence with Sennebec 
Pond - Class AA. Pursuant to section 464, subsection 4, paragraph F, subparagraph 
(2), the segment from the Ghent Road bridge to the Camden Road/Route 105 
bridge is not designated as an outstanding national resource.
Sec. 6.  38 MRSA §467, sub-§15, ¶C, as amended by PL 2019, c. 333, §8 and c. 
463, §11, is further amended by amending subparagraph (1), division (a) to read:
(a)  From the confluence of Millinocket Stream and Munsungan Stream to the 
Route 11 bridge - Class AA.  This segment is subject to a sustenance fishing 
designated use pursuant to section 466‑A. Pursuant to section 464, subsection 
4, paragraph F, subparagraph (2), the segment from the confluence of St. Croix 
Stream to the confluence of Scopan Stream and the segment starting 1,500 feet 
upstream from the confluence of the Machias River to the Route 11 bridge are 
not designated as outstanding national resources.
Sec. 7.  38 MRSA §467, sub-§15, ¶C, as amended by PL 2019, c. 333, §8 and c. 
463, §11, is further amended by amending subparagraph (2), division (d) to read:
(d)  Machias River, from the outlet of Big Machias Lake to the Aroostook 
River - Class AA.  This segment is subject to a sustenance fishing designated 
use pursuant to section 466‑A. Pursuant to section 464, subsection 4, paragraph 
F, subparagraph (2), the segment from one mile upstream of the Garfield Road 
bridge to the confluence with the Aroostook River is not designated as an 
outstanding national resource.
Sec. 8.  38 MRSA §469, sub-§2, ¶D, as amended by PL 2017, c. 137, Pt. B, §18, 
is further amended by amending subparagraph (2) to read:
(2)  Tidal waters of Somes Sound lying northerly of a line beginning at a point 
located at the Acadia National Park boundary at latitude 44° - 18'-18" N., longitude 
68° - 18'-42" W. and running northeasterly to a point located at the Acadia National 
Park boundary at latitude 44° - 18'-54" N., longitude 68° - 18'-22" W., except those 
waters of Broad Cove lying west of a line running from the point of land 
immediately south of the cove northerly to Navigation Can #7 - Class SA. Pursuant 
to section 464, subsection 4, paragraph F, subparagraph (2), those waters lying 
within 500 feet of a stormwater discharge licensed by the department on December 
31, 2021 in accordance with rules adopted by the department are not designated as 
outstanding national resources.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill amends the law governing exemptions for storm water discharges to Class AA 
and Class SA waters and provides that certain segments of waters classified as Class AA 
and Class SA are not designated as outstanding national resources.