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375, subchapter 2-A unless the rules are incorporated as | amendments to existing rules that are major substantive rules | as defined in Title 5, chapter 375, subchapter 2-A. |
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| | | Sec. 3. 38 MRSA §420-D, first ¶, as amended by PL 2001, c. 232, §13, is | | further amended to read: |
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| | | A person may not construct, or cause to be constructed, a | project that includes 20,000 square feet or more of impervious | area or 5 acresin the direct | watershed of a body of water most at risk from new development or | one acre or more of impervious area or 5 acres or more of | disturbed area in any other area | | 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. |
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| | | Sec. 4. 38 MRSA §420-D, sub-§1, as enacted by PL 1995, c. 704, Pt. B, | | §2 and affected by PL 1997, c. 603, §§8 and 9, is amended to | | read: |
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| | | 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. Storm water quality standards | apply only in the direct watersheds of waterbodies most at risk | from development and in sensitive or threatened geographic | regions or watersheds defined by the department under subsection | 4. Until such regions are defined, storm water quality standards | are not required to be met by a permit applicant. |
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| | | Sec. 5. 38 MRSA §420-D, sub-§7, ¶D, as enacted by PL 1995, c. 704, Pt. | | B, §2 and affected by PL 1997, c. 603, §§8 and 9, is repealed. |
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| | | Sec. 6. 38 MRSA §420-D, sub-§10, as amended by PL 1997, c. 502, §3 and | | affected by c. 603, §§8 and 9, is repealed. |
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| | | Sec. 7. 38 MRSA §420-D, sub-§§12 and 13 are enacted to read: |
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| | | 12. Fees. An applicant for a permit under this section shall | | pay a fee to the department as follows. |
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| | | A. If structural means of storm water control are used, the | | fee is $500 for the first acre of disturbed area, plus $250 | | for each additional whole acre of disturbed area. |
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