LD 1570
pg. 1
LD 1570 Title Page An Act Concerning Storm Water Management Page 2 of 4
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LR 1864
Item 1

 
Emergency preamble. Whereas, Acts of the Legislature do not become
effective until 90 days after adjournment unless enacted as
emergencies; and

 
Whereas, certain changes to state law are necessary for
implementation of Maine's storm water program in early 2003; 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 §420-D, sub-§2, as amended by PL 1997, c. 502, §2 and
affected by c. 603, §8, is further amended to read:

 
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 30 45 calendar days. If
structural means are used to meet those standards, the department
shall review the application within 60 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.

 
The department may allow a municipality or a quasi-municipal
organization, such as a watershed management district, to
substitute a management system for storm water approved by the
department for the permit requirement applicable to projects in a
designated area of the municipality. The municipality or quasi-
municipality may elect to have this substitution take effect at
the time the system is approved by the department, or at the time
the system is completed as provided in an implementation schedule
approved by the department.

 
Sec. 2. 38 MRSA §464, sub-§4, ķA, as amended by PL 1997, c. 794, Pt.
A, §30, is further amended by amending subparagraph (1) to read:

 
(1) Direct discharge of pollutants to waters having a
drainage area of less than 10 square miles, except that
discharges into these waters that were licensed prior
to January 1, 1986, are allowed to continue only until
practical alternatives exist;:


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