§ 38 §420-D — Storm water management

A person may not construct, or cause to be constructed, a project that includes one acre or more of disturbed area without prior approval from the department. A person proposing a project shall apply to the department for a permit using an application provided by the department and may not begin construction until approval is received. This section applies to a project or any portion of a project that is located within an organized area of this State.
1.
Standards.
The department shall adopt rules specifying quantity and quality standards for storm water. Storm water quality standards for projects with 3 acres or less of impervious surface may address phosphorus, nitrates and suspended solids but may not directly address other dissolved or hazardous materials unless infiltration is proposed.
2.
Review.
If the applicant is able to meet the standards for storm water using solely vegetative means, the department shall review the application within 45 calendar days. If structural means are used to meet those standards, the department shall review the application within 90 calendar days. The review period begins upon receipt of a complete application and may be extended pursuant to section 344‑B or if a joint order is required pursuant to subsection 5. The department may request additional information necessary to determine whether the standards of this section are met. The application is deemed approved if the department does not notify the applicant within the applicable review period.
3.
Watersheds of bodies of water most at risk.
The department shall establish by rule a list of watersheds of bodies of water most at risk from new development. In regard to lakes, the list must include, but is not limited to, public water supply lakes and lakes identified by the department as in violation of class GPA water quality standards or as particularly sensitive to eutrophication based on current water quality, potential for internal recycling of phosphorus, potential as a cold water fishery, volume and flushing rate or projected growth rate in a watershed. The department shall review and update the list as necessary. A municipality within the watershed of a body of water most at risk may petition the department to have the body of water added to or dropped from the list.
4.
Degraded, sensitive or threatened regions or watersheds.
The department shall establish by rule a list of degraded, sensitive or threatened regions or watersheds. These areas include the watersheds of surface waters that:
5.
Relationship to other laws.
A storm water permit pursuant to this section is not required for a project requiring review by the department pursuant to any of the following provisions but the project may be required to meet standards for management of storm water adopted pursuant to this section: article 6, site location of development; article 7, performance standards for excavations for borrow, clay, topsoil or silt; article 8‑A, performance standards for quarries; article 9, the Maine Metallic Mineral Mining Act; sections 631 to 636, permits for hydropower projects; and section 1310‑N, 1319‑R or 1319‑X, waste facility licenses. When a project requires a storm water permit and requires review pursuant to article 5‑A, the department shall issue a joint order unless the permit required pursuant to article 5‑A is a permit-by-rule or general permit, or separate orders are requested by the applicant and approved by the department.
6.
Urbanizing areas.
The department shall work with the Department of Agriculture, Conservation and Forestry to identify urban bodies of water most at risk and incorporate model ordinances protective of these bodies of water into assistance provided to local governments.
7.
Exemptions.
The following exemptions apply.
8.
Enforcement.
Any activity that takes place contrary to the provisions of a valid permit issued under this article or without a permit having been issued for that activity is a violation of this article. Each day of a violation is a separate offense. A finding that any such violation has occurred is prima facie evidence that the activity was performed or caused to be performed by the owner of the property where the violation occurred. Prior to July 1, 1998, the department may not seek to impose civil or criminal penalties for a violation of this section against any person who has made a good faith effort to comply.
9.
Rules.
With the exception of minor clerical corrections and technical clarifications that do not alter the substance of requirements applying to projects, rules adopted pursuant to this section after January 1, 2010 are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A.
10.
Fees.
11.
Compensation project or fee.
The department may establish a nonpoint source reduction program to allow an applicant to carry out a compensation project or pay a compensation fee in lieu of meeting certain requirements, as provided in this subsection.
12.
Fees.
13.
Significant existing sources.
The department may require a person owning or operating a significant existing source of storm water to implement a storm water management system. The owner or operator shall obtain approval from the department pursuant to this subsection for the storm water management system.
14.
Rescission.
The commissioner shall rescind a permit upon request and application of the permittee if no outstanding permit violation exists, the project is not continued and the permittee has not constructed or caused to be constructed, or operated or caused to be operated, a project requiring a permit. For purposes of this section, "a project requiring a permit" is a project that requires a permit as defined either at the time of permit issuance or at the time of application for rescission.
This section may not be construed to limit a municipality's authority under home rule to adopt ordinances containing stricter standards than those contained in this section.

Legislative History

PL 1995, c. 704, Pt. B, §2 (NEW). PL 1995, c. 704, Pt. C, §2 (AFF). PL 1997, c. 502, §§2-4 (AMD). PL 1997, c. 603, §§8, 9 (AFF). PL 2001, c. 232, §§13, 14 (AMD). PL 2003, c. 318, §1 (AMD). PL 2003, c. 607, §1 (AMD). RR 2005, c. 2, §23 (COR). PL 2005, c. 219, §§3-7 (AMD). PL 2005, c. 330, §9 (AMD). PL 2005, c. 602, §§2-4 (AMD). PL 2007, c. 292, §19 (AMD). PL 2007, c. 558, §5 (AMD). PL 2007, c. 593, §1 (AMD). PL 2009, c. 537, §2 (AMD). PL 2009, c. 602, §1 (AMD). PL 2011, c. 206, §§7-10 (AMD). PL 2011, c. 359, §§1, 2 (AMD). PL 2011, c. 653, §14 (AMD). PL 2011, c. 653, §33 (AFF). PL 2011, c. 655, Pt. JJ, §§29, 30 (AMD). PL 2011, c. 655, Pt. JJ, §41 (AFF). PL 2011, c. 657, Pt. W, §§5, 7 (REV). PL 2013, c. 43, §1 (AMD). PL 2013, c. 405, Pt. A, §23 (REV). PL 2015, c. 34, §1 (AMD). PL 2021, c. 507, §1 (AMD). PL 2023, c. 8, §1 (AMD).