An Act To Facilitate Establishment of Watershed Districts
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, under the authority of the federal Clean Water Act, the United States Environmental Protection Agency has required permits for storm water discharges in the Long Creek watershed; and
Whereas, the United States Environmental Protection Agency has delegated the administration of the permit program to the Department of Environmental Protection; and
Whereas, the Department of Environmental Protection has issued a general permit that will provide affected property owners or operators with permit coverage if they are participating in implementation of the Long Creek Watershed Management Plan; and
Whereas, affected property owners or operators will be required to have permit coverage by July 2010; and
Whereas, an entity to administer the implementation of the Long Creek Watershed Management Plan must be formed and this Act facilitates the formation of such an entity; 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,
Sec. 1. 38 MRSA §484, sub-§4-A, as amended by PL 1997, c. 502, §8 and affected by c. 603, §§8 and 9, is further amended to read:
Sec. 2. 38 MRSA §2014 is enacted to read:
§ 2014. Alternative method
This chapter may not be construed to limit a municipality's home rule authority or its ability to form a watershed district through its interlocal cooperation authority under Title 30-A, chapter 115 but provides an additional and alternative method for the formation of a watershed district and provides powers supplemental and additional to powers conferred by other laws, and may not be regarded as in derogation of or repealing any powers existing under any other law, either general, special or local.
Sec. 3. Retroactivity. This Act applies retroactively to July 1, 2009.
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.