Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 500 - STORMWATER MANAGEMENT › Section 096-500-9 - Conditions of approval for Stormwater Management Law permits

Current through 2024-29, July 17, 2024
The following conditions of approval apply to an individual
				  permit required pursuant to the Stormwater Management Law. For standard
				  conditions of approval for a Site Law project, see
				   38
				  M.R.S.§372(12) and
				  Section
				  10 of
				  this Chapter.
A.
Standard
				conditions of approval.
Unless otherwise specifically stated in the
				approval, a Department approval is subject to the following standard
				conditions.
(1)
Approval of variations
				from plans
. The granting of this approval is dependent upon and limited
				to the proposals and plans contained in the application and supporting
				documents submitted and affirmed to by the permittee. Any variation from these
				plans, proposals, and supporting documents must be reviewed and approved by the
				Department prior to implementation. Any variation undertaken without approval
				of the Department is in violation of 38 M.R.S.§420-D(8) and is subject to
				penalties under 38 M.R.S. §349.
(2)
Compliance with all terms and
				conditions of approval
. The permittee shall submit all reports and
				information requested by the Department demonstrating that the permittee has
				complied or will comply with all terms and conditions of this approval. All
				preconstruction terms and conditions must be met before construction
				begins.
(3)
Advertising
. Advertising relating to matters included in this
				application may not refer to this approval unless it notes that the approval
				has been granted WITH CONDITIONS, and indicates where copies of those
				conditions may be obtained.
(4)
Transfer of project
. Unless otherwise provided in this approval,
				the applicant may not sell, lease, assign, or otherwise transfer the project or
				any portion thereof without written approval by the Department where the
				purpose or consequence of the transfer is to transfer any of the obligations of
				the developer as incorporated in this approval. Such approval may only be
				granted if the applicant or transferee demonstrates to the Department that the
				transferee agrees to comply with conditions of this approval and the proposals
				and plans contained in the application and supporting documents submitted by
				the applicant. Approval of a transfer of the permit must be applied for no
				later than two weeks after any transfer of property subject to the
				license.
(5)
Time frame for
				approvals
. If the construction or operation of the activity is not begun
				within four years, this approval shall lapse and the applicant shall reapply to
				the Department for a new approval. The applicant may not begin construction or
				operation of the project until a new approval is granted. A reapplication for
				approval may include information submitted in the initial application by
				reference. This approval, if construction is begun within the four-year time
				frame, is valid for seven years. If construction is not completed within the
				seven-year time frame, the applicant must reapply for, and receive, approval
				prior to continuing construction.
(6)
Certification
. Contracts
				must specify that "all work is to comply with the conditions of the Stormwater
				Permit." Work done by a contractor or subcontractor pursuant to this approval
				may not begin before the contractor and any subcontractors have been shown a
				copy of this approval with the conditions by the permittee, and the permittee
				and each contractor and subcontractor has certified, on a form provided by the
				Department, that the approval and conditions have been received and read, and
				that the work will be carried out in accordance with the approval and
				conditions. Completed certification forms must be forwarded to the
				Department.
(7)
Maintenance
. The components of the stormwater management system
				must be adequately maintained to ensure that the system operates as designed,
				and as approved by the Department. If maintenance responsibility is to be
				transferred from the permittee to another entity, a transfer request must be
				filed with the Department which includes the name and contact information for
				the person or entity responsible for this maintenance. The form must be signed
				by the responsible person or agent of the responsible entity.
(8)
Recertification requirement
.
				Within three months of the expiration of each five-year interval from the date
				of issuance of the permit, the permittee shall certify the following to the
				Department.
(a) All areas of the project site
				have been inspected for areas of erosion, and appropriate steps have been taken
				to permanently stabilize these areas.
(b) All aspects of the stormwater control
				system are operating as approved, have been inspected for damage, wear, and
				malfunction, and appropriate steps have been taken to repair or replace the
				system, or portions of the system, as necessary.
(c) The stormwater maintenance plan for the
				site is being implemented as approved by the Department, and the maintenance
				log is being maintained.
(d) All
				proprietary systems have been maintained according to the manufacturer's
				recommendations. Where required by the Department, the permittee shall execute
				a 5-year maintenance contract with a qualified professional for the coming
				5-year interval. The maintenance contract must include provisions for routine
				inspections, cleaning and general maintenance.
(e) The Department may waive some or all of
				these recertification requirements on a case-by-case basis for permittees
				subject to the Department's Multi-Sector General Permit ("MSGP") and/or Maine
				Pollutant Discharge Elimination System ("MEPDES") programs where it is
				demonstrated that these programs are providing stormwater control that is at
				least as effective as required pursuant to this Chapter.
(9)
Transfer of property subject to the
				license
. If any portion of the property subject to the license
				containing areas of flow or areas that are flooded are transferred to a new
				property owner, restrictive covenants protecting these areas must be included
				in any deeds or leases, and recorded at the appropriate county registry of
				deeds. Also, in all transfers of such areas and areas containing parts of the
				stormwater management system, deed restrictions must be included making the
				property transfer subject to all applicable terms and conditions of the permit.
				These terms and conditions must be incorporated by specific and prominent
				reference to the permit in the deed. All transfers must include in the
				restrictions the requirement that any subsequent transfer must specifically
				include the same restrictions unless their removal or modification is approved
				by the Department. These restrictions must be written to be enforceable by the
				Department, and must reference the permit number.
(10)
Severability
. The invalidity
				or unenforceability of any provision, or part thereof, of this permit shall not
				affect the remainder of the provision or any other provisions. This permit
				shall be construed and enforced in all respects as if such invalid or
				unenforceable provision or part thereof had been omitted.