reglab/statecodes huggingface dataset:
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 450 - ADMINISTRATIVE REGULATIONS FOR HYDROPOWER PROJECTS › Section 096-450-9 - Severability

Current through 2024-29, July 17, 2024
The provisions of this chapter are severable. If a section,
				  sentence, clause, or phrase of this chapter is adjudged by a court of competent
				  jurisdiction to be invalid, such decision shall not affect the validity of the
				  remaining portions of this chapter.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 500 - STORMWATER MANAGEMENT › Section 096-500-1 - Introduction

Current through 2024-29, July 17, 2024
Land use activities can cause changes in stormwater flows.
				  Many pollutants, such as nutrients and metals, attach to fine particles of soil
				  from throughout the watershed. Soil and attached pollutants are carried in the
				  stormwater down to a waterbody or wetland. A project is required to meet
				  appropriate standards to prevent and control the release of pollutants to
				  waterbodies, wetlands, and groundwater, and reduce impacts associated with
				  increases and changes in flow.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 500 - STORMWATER MANAGEMENT › Section 096-500-2 - Applicability

Current through 2024-29, July 17, 2024
This Chapter applies to a project that disturbs one acre or
				  more of land area and requires a stormwater permit pursuant to the Stormwater
				  Management Law
				   38
				  M.R.S.§420-D; a development that may
				  substantially affect the environment and requires a site location of
				  development (Site Law) permit pursuant to
				   38 M.R.S.
				  §§481 -
				  490;
				  changes to a project reviewed under the Stormwater Management Law or Site Law
				  that require a modification of the project's permit, as described in Section
				  16; and certain discharges of stormwater to groundwater that may be exempt from
				  licensing under
				   38
				  M.R.S.§413, as described in Appendix D
				  of this Chapter. The Department may also require a Department-licensed
				  excavation, quarry or hydropower project to meet the stormwater standards of
				  this Chapter. Additional stormwater standards and requirements, such as those
				  involving the Maine Pollutant Discharge Elimination System (MEPDES) program and
				  the Municipal Separate Storm Sewer System (MS4) program may also apply in
				  addition to the standards and requirements set forth in this
				  Chapter
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 500 - STORMWATER MANAGEMENT › Section 096-500-4 - Stormwater standards

Current through 2024-29, July 17, 2024
The stormwater standards described in this Section include
				  basic, general, phosphorous, urban impaired stream, flooding and other
				  standards.
A.
Applicability.
This section applies to:
1) A project that requires a Stormwater
				Management Law permit, other than a stormwater permit by rule (PBR)issued
				pursuant to Section 6 of this Chapter;
2) A project that requires a Site Law permit;
				and
3) Changes to a project
				licensed pursuant to the Stormwater Management Law or Site Law that requires a
				modification of a project's license, as described in Section 16 of this
				Chapter.
For the purpose of determining the applicability of the
				  general and phosphorous standards, when a project is located in separate
				  watersheds, the area of the entire project is considered in determining whether
				  a standard applies. For example, if a portion of a project drains to a lake,
				  and another portion drains to a non-lake water body, the project needs to meet
				  the applicable standards for each watershed.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 500 - STORMWATER MANAGEMENT › Section 096-500-5 - Additional controls

Current through 2024-29, July 17, 2024
If the Department determines that additional controls are
				  necessary to avoid an unreasonable impact on any wetland or waterbody due to
				  pollutants that are not adequately addressed by the standards described in
				  Section
				  4, astormwater project subject to this
				  Chapter that results in three acres or more of impervious area or 20 acres or
				  more of developed area, or requires a Site Law permit or permit modification
				  may be required to use additional controls. This is a case-by-case
				  determination based upon factors such as the size, nature and intensity of the
				  development, characteristics of the affected natural resource, topography and
				  soils.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 500 - STORMWATER MANAGEMENT › Section 096-500-6 - Stormwater permit by rule (PBR)

Current through 2024-29, July 17, 2024
A.
When a
				project qualifies for a stormwater PBR.
A project needing a Stormwater
				Management Law permit qualifies for a stormwater PBR if it does not require a
				Site Law permit or permit modification and results in:
(1)
Direct watershed of a lake most at
				risk or urban impaired stream
. Less than 20,000 square feet of
				impervious area and less than 5 acres of developed area in the direct watershed
				of a lake most at risk or urban impaired stream; or
(2)
Any other watershed
. Less
				than one acre of impervious area and less than five acres of developed area in
				any other watershed.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 500 - STORMWATER MANAGEMENT › Section 096-500-10 - Conditions of approval for Site Law permits

Current through 2024-29, July 17, 2024
The following standard conditions of approval apply to a Site
				  Law permit in addition to those specified in 06-096 CMR 372.
A.
Approved inspector
.The
				Department may require the Permittee to retain the services of a
				Department-approved inspector to oversee construction projects in the watershed
				of a lake most at risk or an urban impaired stream. The inspector must carry
				out and document inspections of erosion and sedimentation control measures and
				stormwater treatment measures at least weekly while construction is ongoing.
				The inspector must make recommendations of any needed maintenance of the
				measures, as well as of any other needed changes to ensure that stormwater
				runoff will not impact downstream waters.Any recommendations made must be
				submitted to the Department and followed by the permittee.
B.
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.
(1) All areas of the project site
				have been inspected for areas of erosion, and appropriate steps have been taken
				to permanently stabilize these areas.
(2) All aspects of the stormwater control
				system 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.
(3) The erosion and
				stormwater maintenance plan for the site is being implemented as written, or
				modifications to the plan have been submitted to and approved by the
				Department, and the maintenance log is being maintained.
(4) 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.
(5) 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.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 500 - STORMWATER MANAGEMENT › Section 096-500-11 - Recording of order

Current through 2024-29, July 17, 2024
The Department shall record each order approving or modifying
				  a permit pursuant to Chapters 500 and 502 in the appropriate registry of
				  deeds.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 500 - STORMWATER MANAGEMENT › Section 096-500-12 - Severability

Current through 2024-29, July 17, 2024
Should any provision of this Chapter be declared invalid or
				  ineffective by court decision, the decision shall not invalidate any other
				  provision of this Chapter.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 500 - STORMWATER MANAGEMENT › Section 096-500-13 - Transition and jurisdictional threshold for Stormwater Management Law projects

Current through 2024-29, July 17, 2024
For purposes of the Stormwater Management Law only, a
				  stormwater permit is required if a person constructs, or causes to be
				  constructed, a project that includes one acre or more of disturbed area on or
				  after September 17, 2005.
A. If a
				person has a project that required approval under the Stormwater Management Law
				prior to September 17, 2005, the project and subsequent modifications to it
				continue to require approval on and after September 17, 2005.
B. If a person has a project that did not
				require approval under the Stormwater Management Law prior to September 17,
				2005, and the person proposes to construct or cause to be constructed a project
				that includes one or more acres of disturbed area on or after September 17,
				2005, then a stormwater permit is required. Only the construction on or after
				September 17, 2005 requires a Stormwater Management Law permit.
C. A disturbed area of less than one acre
				continues to be counted toward the one-acre permit threshold under the
				Stormwater Management Law following permanent stabilization to the extent it is
				considered developed area as defined in this Chapter.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 500 - STORMWATER MANAGEMENT › Section 096-500-14 - Permit shield

Current through 2024-29, July 17, 2024
If a stormwater best management practice is approved by the
				  Department and, although adequately and appropriately constructed and
				  maintained by the permittee, as determined by the Department, it fails to meet
				  an applicable standard provided in Section
				  4 or
				  5 of this Chapter, the permittee is
				  not in violation for failing to comply with that standard.
A. This Section does not apply to the
				requirements of Appendix D of this Chapter.
B. This Section does not apply to the need
				for a license pursuant to 38 M.R.S.§413, the Waste Discharge Law. A
				wastewater discharge license is required for any stormwater discharge that the
				Department determines will contribute to a violation of a water quality
				standard or is a significant contributor of pollutants to waters of the State.
				See 06-096 CMR 521(9)(a)(1)(v). For the permit shield provision applicable to
				the Waste Discharge Law, see 38 M.R.S.§414(8) "Effect of
				license".
C. Nothing in this
				Section alters or affects the liability of the permittee if a violation has
				occurred prior to permit issuance.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 500 - STORMWATER MANAGEMENT › Section 096-500-15 - Permit shield for innovative measures

Current through 2024-29, July 17, 2024
The Department may, on a case-by-case basis, approve a best
				  management practice or stormwater treatment measure pursuant to Section
				  4(C)(3)(e) of this
				  Chapter when requested by an applicant.The Department may require the applicant
				  to collect and submit sufficient information on the performance of the best
				  management practice or stormwater treatment measure to allow evaluation. If the
				  best management practice or stormwater treatment measure does not perform at
				  least as well as would have been expected from otherwise available best
				  management practices or stormwater treatment measures, the Department may
				  require the permittee to replace or otherwise redesign the system.
The Department may only approve an experimental system on a
				  site where it would be possible to replace or redesign the experimental system
				  if necessary.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 500 - STORMWATER MANAGEMENT › Section 096-500-16 - Modification

Current through 2024-29, July 17, 2024
If a project has required a permit pursuant to the Stormwater
				  Management Law or Site Law, all subsequent changes to the project that could
				  affect the project's stormwater quality or quantity and require a modification
				  of the project's license are also required to meet the stormwater standards of
				  Section 4.W hen the applicable standard depends upon an area threshold, the
				  area of the entire licensed project, including the proposed project changes is
				  included.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 500 - STORMWATER MANAGEMENT › Section 096-500-17 - Effect of 2014 Rule Amendments on Existing Permits

Current through 2024-29, July 17, 2024
A permittee who obtained a permit under the Stormwater
				  Management Law or the Site Law prior to the effective date of the 2014
				  amendments to this Chapter shall continue to be subject to the terms of the
				  prior permit with respect to any developed area constructed under the prior
				  permit.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 500 - STORMWATER MANAGEMENT › Appendix 096-500-H - 24-hour duration rainfalls for various return periods

Current through 2024-29, July 17, 2024
COUNTY
Storm Type
1-YR
2-
YR
5-
YR
10-YR
25-YR
50-YR
100-YR
500-YR
ANDROSCOGGIN
III
2.5
3.0
3.7
4.3
5.4
6.4
7.6
11.1
AROOSTOOK C
(Presque Isle Area)
II
1.9
2.3
2.8
3.2
3.9
4.6
5.3
7.6
AROOSTOOK N
(Fort Kent Area)
II
1.9
2.2
2.7
3.1
3.7
4.3
5.0
7.0
AROOSTOOK S
(Houlton Area)
II
2.1
2.5
3.0
3.4
4.1
4.7
5.4
7.5
CUMBERLAND NW
(Bridgton Area)
III
2.5
3.0
3.7
4.3
5.4
6.3
7.5
10.9
CUMBERLAND SE
(N Windham Area)
III
2.6
3.1
3.9
4.6
5.8
6.9
8.1
12.1
FRANKLIN
II
2.0
2.4
2.9
3.4
4.2
4.9
5.7
8.2
HANCOCK
III
2.5
2.9
3.6
4.2
5.2
6.1
7.2
10.5
KENNEBEC
III
2.4
2.8
3.5
4.2
5.2
6.1
7.2
10.6
KNOX
III
2.6
3.2
3.9
4.6
5.7
6.7
7.9
11.5
LINCOLN
III
2.5
3.1
3.8
4.5
5.5
6.5
7.6
11.1
OXFORD E
(Rumford Area)
II1
2.3
2.7
3.3
3.9
4.8
5.7
6.7
9.7
OXFORD W
(Gilead Area)
II
2.2
2.7
3.4
4.0
4.9
5.8
6.9
10.1
PENOBSCOT N
(Millinocket Area)
II
2.2
2.6
3.2
3.8
4.7
5.6
6.5
9.5
PENOBSCOT S
(Hudson Area)
II
2.3
2.7
3.4
3.9
4.9
5.7
6.7
9.7
PISCATAQUIS N
(Chesuncook Area)
II
2.0
2.4
2.9
3.4
4.2
5.0
5.8
8.5
PISCATAQUIS S
(Monson Area)
II
2.2
2.7
3.3
3.9
4.8
5.7
6.8
10.0
SAGADAHOC
III
2.6
3.2
3.9
4.6
5.7
6.7
7.8
11.4
SOMERSET N
(Pittston Farm Area)
II
2.0
2.3
2.8
3.3
4.0
4.7
5.4
7.8
SOMERSET S
(Solon Area)
II
2.3
2.7
3.4
3.9
4.9
5.7
6.7
9.8
WALDO
III
2.4
2.9
3.6
4.2
5.2
6.1
7.2
10.5
WASHINGTON
III
2.5
2.8
3.4
3.9
4.8
5.5
6.4
9.0
YORK
III
2.6
3.3
4.1
4.9
6.2
7.3
8.7
13.2
1Use Type III rainfall for the towns of
						  Brownfield, Buckfield, Denmark, Hartford, Hebron, Hiram, Oxford, and Porter.
Source: Data extracted by the Maine
						  Department of Environmental Protection from the Northeast Regional Climate
						  Center website (
http://precip.eas.cornell.edu
),
						  Extreme Precipitation Tables. Data from this website was obtained from the
						  National Oceanic and Atmospheric Administration's Regional Climate Center
						  Program. June 2014
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 501 - STORMWATER MANAGEMENT COMPENSATION FEES AND MITIGATION CREDIT › Section 096-501-1 - Applicability

Current through 2024-29, July 17, 2024
This Chapter applies to all projects for which an applicant
				  pays a compensation fee or undertakes mitigation to meet the requirements of
				  the Department's 06-096 CMR ch. 500,
Stormwater Management
rules. Compensation fees must be paid to the Department's compensation fund or
				  to an organization authorized by the Department pursuant to the
Stormwater Management Law
38
				  M.R.S.§420-D(11).
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 502 - DIRECT WATERSHEDS OF LAKESMOST AT RISK FROM NEW DEVELOPMENT, ANDURBAN IMPAIRED STREAMS › Section 096-502-1 - Applicability

Current through 2024-29, July 17, 2024
This chapter applies to (A) a project that requires a
				  stormwater permit pursuant to 38 M.R.S.§420-D, and(B) a development that
				  may substantially affect the environment and requires a
Site Location
				  of Development Act
(Site Law) permit pursuant to
				  38 M.R.S.§§
										481 -
				  490.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 502 - DIRECT WATERSHEDS OF LAKESMOST AT RISK FROM NEW DEVELOPMENT, ANDURBAN IMPAIRED STREAMS › Section 096-502-2 - Definitions

Current through 2024-29, July 17, 2024
Unless the context otherwise indicates, definitions of terms
				  in chapter 500 apply to terms used in this chapter. See "Definitions", 06-096
				  CMR 500.3.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 502 - DIRECT WATERSHEDS OF LAKESMOST AT RISK FROM NEW DEVELOPMENT, ANDURBAN IMPAIRED STREAMS › Section 096-502-3 - Criteria

Current through 2024-29, July 17, 2024
The criteria in this section are used to identify the direct
				  watersheds of lakes most at risk from new development and urban impaired
				  streams.
The criteria apply for both projects requiring a stormwater
				  permit and developments requiring a Site Law permit, unless otherwise
				  specifically stated.
A.
Direct
				watershed of a lake most at risk from new development
. Lakes most at
				risk from new development are listed in Appendix A of this chapter. A lake is
				considered most at risk from new development if it meets the criteria below:
(1) A public water supply; or
(2) Identified by the department as being in
				violation of class GPA water quality standards or as particularly sensitive to
				eutrophication based on:
(a) Current water
				quality,
(b) Potential for internal
				recycling of phosphorus,
(c)
				Potential as a cold water fishery,
(d) Volume and flushing rate, or
(e) Projected growth rate in the watershed.
Severely blooming lakes are a subset of lakes most at risk. A
				  severely blooming lake has a history of algal blooms, and the reduction of
				  existing watershed phosphorus sources sufficient to eliminate those algal
				  blooms is expected to be so difficult that the addition of new, incompletely
				  mitigated development sources may prevent successful restoration of the
				  lake.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 502 - DIRECT WATERSHEDS OF LAKESMOST AT RISK FROM NEW DEVELOPMENT, ANDURBAN IMPAIRED STREAMS › Appendix 096-502-B - Urban impaired streams

Current through 2024-29, July 17, 2024
STREAM
TOWN*
LOGAN BROOK
AUBURN
UNNAMED TRIBUTARY TO BOND BROOK (entering belowI-95,
							 drains Turnpike Mall Shopping Center)
AUGUSTA
KENNEDY BROOK
AUGUSTA
WHITNEY BROOK
AUGUSTA
PENJAJAWOC STREAM, including MEADOW BROOK
BANGOR
BIRCH STREAM (OHIO STREET)
BANGOR
CAPEHART BROOK
BANGOR
ARCTIC BROOK (VALLEY AVENUE)
BANGOR
SHAW BROOK
BANGOR, HAMPDEN
SUCKER BROOK
BANGOR, HAMPDEN
THATCHER BROOK
BIDDEFORD
MARE BROOK
BRUNSWICK
UNNAMED TRIBUTARY TO ANDROSCOGGIN RIVER (near Jordan
							 Avenue)
BRUNSWICK
UNNAMED TRIBUTARY TO ANDROSCOGGIN RIVER (near River
							 Road)
BRUNSWICK
UNNAMED TRIBUTARY TO ANDROSCOGGIN RIVER (near Water
							 Street)
BRUNSWICK
CARIBOU STREAM
CARIBOU
FROST GULLY BROOK
FREEPORT
CONCORD GULLY
FREEPORT
HART BROOK
LEWISTON
JEPSON BROOK
LEWISTON
UNNAMED STREAM (Route 196)
LISBON FALLS
CAPISIC BROOK
PORTLAND
DOLE BROOK
PORTLAND
FALL BROOK
PORTLAND
NASONS BROOK
PORTLAND
GOOSEFARE BROOK
SACO
GOODALL BROOK
SANFORD
TROUT BROOK (including KIMBALL BROOK)
SOUTH PORTLAND
BARBERRY CREEK
SOUTH PORTLAND
LONG CREEK
SOUTH PORTLAND
PHILLIPS BROOK
SCARBOROUGH
RED BROOK
SCARBOROUGH, SOUTH PORTLAND
WHITTEN BROOK
SKOWHEGAN
UNNAMED TRIBUTARY TO ANDROSCOGGIN RIVER (near Topsham
							 Fairgrounds)
UNNAMED TRIBUTARY TO ANDROSCOGGIN RIVER
(draining Topsham Fair Mall area)
TOPSHAM TOPSHAM
*Town listed provides the general location of the stream.The
				  stream may pass through other municipalities, which are also included even If
				  not listed in this table.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 514 - REGULATIONS CONCERNING THE USE OF AQUATIC PESTICIDES › Section 096-514-1 - Definition

Current through 2024-29, July 17, 2024
An aquatic pesticide is any substance (including biological
				  agents) applied in, on or over the waters of the State or in such a way as to
				  enter those waters for the purpose of inhibiting the growth or controlling the
				  existence of any plant or animal in those waters.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 514 - REGULATIONS CONCERNING THE USE OF AQUATIC PESTICIDES › Section 096-514-2 - Criteria for Approving a License to Use Aquatic Pesticides

Current through 2024-29, July 17, 2024
A. Except as provided in 38 M.R.S.A.
				Section362-A, no permit for aquatic pesticide use will be issued for a
				pesticide which is not registered for the intended use by the United States
				Environmental Protection Agency and the Maine Department of
				Agriculture.
B. No permit for
				aquatic pesticide use will be issued unless the applicant or agent for the
				applicant is certified and licensed in aquatic pest control by the Maine Board
				of Pesticides Control.
C. A permit
				for aquatic pesticide use will be issued only if the applicant provides
				adequate protection for non-target species.
D. A permit for aquatic pesticide use will be
				issued only if the applicant can demonstrate a significant need to control the
				target species and that pesticide control offers the only reasonable and
				effective means to achieve control of the target species. Demonstration of
				significant need may include, but not be limited to, health risk, economic
				hardship, or loss of use.
E. In
				addition to paragraphs (A) through (D), any discharge of aquatic pesticides,
				alone or in combination with allother discharges, shall meet all other
				applicable requirements of Maine's waste discharge laws including, but not
				limited to, the provisions of 38 M.R.S.A. Sections464 and 465.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 517 - CERTIFICATION OF PERSONS SERVICING AND REPAIRING SANITARY WASTE TREATMENT FACILITIES › Section 096-517-1 - 3000 Gallons Per Day or Less

Current through 2024-29, July 17, 2024
Any individual wishing to engage in the business of servicing
				  and repairing small "Home-Type" mechanical sanitary waste treatment facilities
				  with capacities up to 3000 gallons per day must be certified by the Department
				  of Environmental Protection.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 517 - CERTIFICATION OF PERSONS SERVICING AND REPAIRING SANITARY WASTE TREATMENT FACILITIES › Section 096-517-2 - More than 3000 Gallons Per Day

Current through 2024-29, July 17, 2024
Individuals wishing to service wastewater treatment units of
				  a capacity greater than 3000 gallons per day must hold a valid wastewater
				  treatment plant operators certificate of the appropriate
				  grade.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 517 - CERTIFICATION OF PERSONS SERVICING AND REPAIRING SANITARY WASTE TREATMENT FACILITIES › Section 096-517-3 - Certification Procedures

Current through 2024-29, July 17, 2024
All applicants for certification shall satisfactorily
				  demonstrate to the Department of Environmental Protection the applicants
				  knowledge of package treatment plant operation. Such demonstrations shall
				  include the applicant's education and experience as well as a written
				  examination prepared by the Department.
Any applicant who fails to pass the written examination or
				  who for any other reason is denied certification may reapply at any time.
				  Examination will be administered at least twice annually.
Letters of certification will be issued to successful
				  applicants. Certification shall not in any way warrant or guarantee any work
				  performed by the persons certified.
Certification may be revoked, modified or suspended in
				  accordance with
				  
				  38 M.R.S.A.
				  Section341-D(3).
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 517 - CERTIFICATION OF PERSONS SERVICING AND REPAIRING SANITARY WASTE TREATMENT FACILITIES › Section 096-517-4 - Exemption

Current through 2024-29, July 17, 2024
Individuals holding Class II or above municipal treatment
				  plant operator's licenses are exempt from this regulation and may service
				  plants of less than 3000 gallons per day as long as they continue to hold a
				  valid municipal treatment plant operator's license.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 517 - CERTIFICATION OF PERSONS SERVICING AND REPAIRING SANITARY WASTE TREATMENT FACILITIES › Section 096-517-5 - Effective Date

Current through 2024-29, July 17, 2024
This regulation shall be effective upon the date of filing
				  with the Secretary of State.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 519 - INTERIM EFFLUENT LIMITATIONS AND CONTROLS FOR THE DISCHARGE OF MERCURY › Section 096-519-1 - Purpose and scope

Current through 2024-29, July 17, 2024
The purpose of this rule is to control the discharge of
				  mercury to the surface waters of the State through implementation of pollution
				  prevention plans, effluent testing requirements and establishment of interim
				  effluent limits for some licensees.
A.
Applicability.
This rule applies to all persons licensed or
				permitted pursuant to 38 MRSA §413 to discharge pollutants to the surface
				waters of the State except as described below. For the purposes of this rule,
				the term licensee also means permittee.
(1)
				Categorical exclusions. This rule does not apply to the following categories of
				licensees: combined sewer overflows, snow dumps, pesticide applications, and
				over board discharges licensed pursuant to 38 MRSA §413. Except, however,
				specific members of these categories may be required by the department to
				comply with this rule on a case by case basis pursuant to Section 1(C), below.
				(The categories of licensees used in this rule are the same as those listed in
				38 MRSA §353-B.)
(2)
				Individual exclusions. Any licensee that demonstrates to the department's
				satisfaction that it does not discharge wastewaters that have, or come in
				contact with, compounds or materials containing mercury may be exempted from
				the requirements of this rule. If the sole source of mercury in a discharge is
				due to incoming water taken from a natural body of water, an exemption may be
				granted by the department.
(3)
				Multiple discharge points. In the event that a discharge license or permit
				authorizes discharges in more than one category, only the relevant requirements
				of this rule are applicable to that category. Where a single licensee has
				multiple discharge points in the same category and with the same
				characteristics, the department may permit sampling of one point as being
				representative of all such discharge points.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 519 - INTERIM EFFLUENT LIMITATIONS AND CONTROLS FOR THE DISCHARGE OF MERCURY › Section 096-519-2 - Information requirements

Current through 2024-29, July 17, 2024
A.
Background information.
Licensees subject to this rule shall provide
				information requested by the department regarding their discharges to allow the
				department to characterize the potential for the control of discharges of
				mercury. The department shall provide questionnaires, surveys or other forms
				for this purpose.
B.
Sampling information.
Licensees required to perform effluent testing for
				mercury shall provide information on forms provided by the department regarding
				operating conditions at time of sample collection.
C.
Departmental sampling.
For
				those categories of licensees not required by this rule to conduct mercury
				testing, the department may conduct representative sampling in order to
				determine the concentrations of mercury discharged, if any, by each category.
				Based on this and other information, the department may impose interim effluent
				limits on individual licensees or categories of licensees and or require
				effluent monitoring for mercury.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 519 - INTERIM EFFLUENT LIMITATIONS AND CONTROLS FOR THE DISCHARGE OF MERCURY › Section 096-519-3 - Testing requirements

Current through 2024-29, July 17, 2024
A.
Sampling
				and test methods.
All samples for mercury testing must be representative
				of the final discharge to the receiving water and collected and analyzed for
				total mercury using EPA Methods 1669 and 1631, respectively, and in accordance
				with instructions provided by the department. Testing must be done using grab
				samples unless otherwise approved by the department. The results of all mercury
				testing must be provided to the department within 10 business days of their
				availability.
B.
Test
				frequencies.
For the purposes of establishing interim effluent limits
				for the discharge of mercury, the following minimum numbers of tests must be
				completed for the respective groups referred to in Section 1(C). Tests
				conducted by the department may be credited toward the total number of tests
				required for each licensee.
(1) Group I: Not
				less than 4 tests;
(2) Group II:
				Not less than 3 tests; and
(3)
				Group III: Not less than 3 tests.
Unless otherwise approved by the department, test samples
				  must be collected at an interval of at least 30 days between samples. The
				  department may proportionally reduce the required number of tests for licensees
				  that discharge on a seasonal or intermittent basis.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 519 - INTERIM EFFLUENT LIMITATIONS AND CONTROLS FOR THE DISCHARGE OF MERCURY › Section 096-519-4 - Establishment of interim limits for the discharge of mercury

Current through 2024-29, July 17, 2024
Using the procedures in this Section, the department shall
				  establish interim average and maximum effluent limits for the concentration of
				  mercury discharged by each licensee identified pursuant to Section
				  1(C). These limits
				  must be based upon and no less stringent statistically than past discharge
				  levels as determined through testing required by Section
				  3.
A.
Timing.
The department shall
				establish interim effluent limits after the minimum number of tests required in
				Section 3 have been completed.
B.
Procedures
.
(1) Average limits.
				The department shall determine the interim average effluent limit for each
				licensee, as an average concentration, as follows. Using all valid test results
				for each licensee, a value equal to the standard error of the mean is added to
				the mean effluent concentration. The standard error of the mean is determined
				from the test results for each licensee by computing the standard deviation and
				dividing that value by the square root of the number of tests done. This value
				will be adjusted with a multiplier to reflect a 95% level of
				probability.
(2) In the event that
				the interim average effluent limit as calculated above is less that 4.5 ng/L
				for an individual licensee, that licensee will be assigned an interim average
				effluent limit of 4.5 ng/L.
(3)
				Maximum limits. The department shall determine the interim maximum effluent
				limit, as a maximum concentration in any sample, as follows. The interim
				average effluent limit as determined in (1) or (2) above shall be multiplied by
				a factor of 1.5 to establish the interim maximum effluent limit.
(4) Additional information. Individual
				licensees may submit additional information for the department's consideration
				in setting interim effluent limits. Such information may include reductions in
				flow due to water conservation plans, seasonal variations and changes in levels
				of production. The department may adjust interim effluent limits accordingly if
				it determines that this information would significantly change the effluent
				variability as determined pursuant to this section.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 519 - INTERIM EFFLUENT LIMITATIONS AND CONTROLS FOR THE DISCHARGE OF MERCURY › Section 096-519-5 - Effect of interim effluent limits for the discharge of mercury

Current through 2024-29, July 17, 2024
A.
Modification of license.
Notice of interim effluent limits by the commissioner to a licensee constitutes
				a modification of the licensee's waste discharge license or permit and is a
				final agency action.
B.
Water quality criteria.
Interim effluent limits for the discharge of
				mercury shall not authorize any discharge of mercury that would cause or
				contribute to receiving water concentrations of mercury that exceed any water
				quality criteria published by EPA, in the Federal Register of December 10,
				1998, pp. 68354, et. seq.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 519 - INTERIM EFFLUENT LIMITATIONS AND CONTROLS FOR THE DISCHARGE OF MERCURY › Section 096-519-6 - Adjustment of interim effluent limits for the discharge of mercury

Current through 2024-29, July 17, 2024
A.
Basis for adjustment.
After
				interim effluent limits established by the commissioner are effective, a
				licensee may, with proper documentation, request adjustment of those limits for
				the reasons listed below. The department may approve an adjustment if it
				determines that the circumstances presented may result in an interim effluent
				limit that is significantly different from that calculated pursuant to Section
				4(B).
(1) Water conservation. A licensee has
				implemented permanent water conservation practices that result in a lesser
				volume of discharge. A reduction in discharge volume may not result in a
				greater total quantity of mercury being discharged.
(2) Production changes. A licensee institutes
				different levels or types of production or accepts new sources of influent
				wastewater. Such changes must be mitigated or offset to the maximum extent
				possible with implementation of best management or pollution prevention
				practices to reduce or prevent the introduction of mercury. A production change
				may result in an increase in the concentration or quantity of mercury
				discharged, but not both.
(3)
				Seasonal changes. Seasonal changes may cause a significant and uncontrollable
				variation in the performance of a treatment facility. A licensee's intake water
				may experience a higher concentration of mercury during certain seasons of the
				year. Higher seasonal rainfall may increase the flow through a wastewater
				treatment facility causing additional mercury loadings to the
				facility.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 519 - INTERIM EFFLUENT LIMITATIONS AND CONTROLS FOR THE DISCHARGE OF MERCURY › Section 096-519-7 - Monitoring to determine compliance with interim effluent limits for the discharge of mercury

Current through 2024-29, July 17, 2024
A.
Monitoring frequencies.
In order to determine compliance with interim
				effluent limits, each licensee shall conduct effluent testing for mercury at
				the following minimum frequencies for the respective groups referred to in
				Section 1(C).
(1) Group I: Not less than 4
				tests per year;
(2) Group II: Not
				less than 2 tests per year; and
(3)
				Group III: Not less than 2 tests per year.
All tests must be conducted, analyzed and reported using the
				  methods specified in Section 3. Unless otherwise approved by the department,
				  test samples must be collected at an interval of at least 60 days between
				  samples. For those licensees in Groups II and III, samples must be collected in
				  alternating calendar quarters such that samples will be obtained in all four
				  calendar quarters over the period of two years. The department may
				  proportionally reduce the required number of tests for licensees that discharge
				  on a seasonal or intermittent basis.
Compliance monitoring tests will not change the interim
				  effluent limits established pursuant to Section 4.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 520 - DEFINITIONS FOR THE WASTE DISCHARGE PERMITTING PROGRAM › Section 096-520-1 - References to Federal Regulations

Current through 2024-29, July 17, 2024
/bold> Portions of this rule refer to federal regulations
				  of the United States Environmental Protection Agency (EPA). Unless otherwise
				  specified, the federal regulations referenced are those regulations effective
				  as of July 1, 1998, as they appear in volume 40 of the Code of Federal
				  Regulations (CFR).
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 521 - APPLICATIONS FOR WASTE DISCHARGE LICENSES › Section 096-521-1 - References to Federal Regulations and definitions

Current through 2024-29, July 17, 2024
Portions of this rule refer to federal regulations of the
				  United States Environmental Protection Agency (EPA). Unless otherwise
				  specified, the federal regulations referenced are those regulations effective
				  as of July 1, 1998, as they appear in volume 40 of the Code of Federal
				  Regulations (CFR). Definitions for terms used in this rule may be found Chapter
				  520.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 521 - APPLICATIONS FOR WASTE DISCHARGE LICENSES › Section 096-521-2 - Applicability of Chapter 2

Current through 2024-29, July 17, 2024
Unless specified differently in this rule, the requirements
				  of Chapter 2 of the Department's rules, "Rules Concerning the Processing of
				  Applications", applies to waste discharge license applications. In the event of
				  inconsistencies with Chapter 2 of the Department's Rules, waste discharge
				  license applications will be processed under the procedures set forth in this
				  Chapter.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 521 - APPLICATIONS FOR WASTE DISCHARGE LICENSES › Section 096-521-3 - Permit application required [see 40 CFR 124.3]

Current through 2024-29, July 17, 2024
(a)
(1) Any
				person who requires a permit under the UIC, or NPDES programs shall complete,
				sign, and submit to the Department an application for each permit required
				under 38 MRSA., Section 413 (UIC and NPDES). Applications are not required for
				underground injections authorized by rules (Chapter 543) or NPDES general
				permits (Chapter 529).
(2) The
				Department shall not begin the processing of a permit until the applicant has
				fully complied with the application requirements for that permit. See Chapter
				543 (UIC) and this Chapter (NPDES).
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 521 - APPLICATIONS FOR WASTE DISCHARGE LICENSES › Section 096-521-5 - Signatories to permit applications and reports [see 40 CFR 122.22]

Current through 2024-29, July 17, 2024
(a) Applications. All permit applications
				shall be signed as follows:
(1) For a
				corporation. By a responsible corporate officer. For the purpose of this
				section, a responsible corporate officer means:
(i) A president, secretary, treasurer, or
				vice-president of the corporation in charge of a principal business function,
				or any other person who performs similar policy- or decision-making functions
				for the corporation, or
(ii) the
				manager of one or more manufacturing, production, or operating facilities
				employing more than 250 persons or having gross annual sales or expenditures
				exceeding $25 million (in second-quarter 1980 dollars), if authority to sign
				documents has been assigned or delegated to the manager in accordance with
				corporate procedures.
Note: EPA does not require specific assignments or
				  delegations of authority to responsible corporate officers identified in
				  paragraph (a)(1)(i). The Agency will presume that these responsible corporate
				  officers have the requisite authority to sign permit applications unless the
				  corporation has notified the Director to the contrary. Corporate procedures
				  governing authority to sign permit applications may provide for assignment or
				  delegation to applicable corporate positions under paragraph (a)(1)(ii) rather
				  than to specific individuals.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 521 - APPLICATIONS FOR WASTE DISCHARGE LICENSES › Section 096-521-6 - Concentrated animal feeding operations [see 40 CFR 122.23]

Current through 2024-29, July 17, 2024
(a) Permit requirement. Concentrated animal
				feeding operations are point sources subject to the NPDES permit program. The
				Department will consult with the Department of Agriculture on all applications
				for concentrated animal feeding operations in order consolidate permitting
				requirements where feasible.
(b)
				Definitions.
(1) Animal feeding operation
				means a lot or facility (other than an aquatic animal production facility)
				where the following conditions are met:
(i)
				Animals (other than aquatic animals) have been, are, or will be stabled or
				confined and fed or maintained for a total of 45 days or more in any 12-month
				period, and
(ii) Crops, vegetation
				forage growth, or post-harvest residues are not sustained in the normal growing
				season over any portion of the lot or facility.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 521 - APPLICATIONS FOR WASTE DISCHARGE LICENSES › Section 096-521-7 - Concentrated aquatic animal production facilities [see 40 CFR 122.24]

Current through 2024-29, July 17, 2024
(a) Permit requirement. Concentrated aquatic
				animal production facilities, as defined in this section, are point sources
				subject to the NPDES permit program.
(b) Definition. Concentrated aquatic animal
				production facility means a hatchery, fish farm, or other facility which meets
				the criteria in appendix C, or which the Department designates under paragraph
				(c) of this section.
(c)
				Case-by-case designation of concentrated aquatic animal production facilities.
(1) The Department may designate any warm or
				cold water aquatic animal production facility as a concentrated aquatic animal
				production facility upon determining that it is a significant contributor of
				pollution to waters of the State. In making this designation the Department
				shall consider the following factors:
(i) The
				location and quality of the receiving waters of the State;
(ii) The holding, feeding, and production
				capacities of the facility;
(iii)
				The quantity and nature of the pollutants reaching waters of the State;
				and
(iv) Other relevant
				factors.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 521 - APPLICATIONS FOR WASTE DISCHARGE LICENSES › Section 096-521-8 - Aqua culture projects [see 40 CFR 122.25]

Current through 2024-29, July 17, 2024
(a) Permit
				requirement. Discharges into aqua culture projects, as defined in this section,
				are subject to the NPDES permit program through section 318 of CWA, and in
				accordance with Chapter 524.
(b)
				Definitions.
(1) Aqua culture project means a
				defined managed water area which uses discharges of pollutants into that
				designated area for the maintenance or production of harvestable freshwater,
				estuarine, or marine plants or animals.
(2) Designated project area means the
				portions of the waters of the State within which the permittee or permit
				applicant plans to confine the cultivated species, using a method or plan or
				operation(including, but not limited to, physical confinement) which, on the
				basis of reliable scientific evidence, is expected to ensure that specific
				individual organisms comprising an aqua culture crop will enjoy increased
				growth attributable to the discharge of pollutants, and be harvested within a
				defined geographic area.