The Maine Stormwater Law and Rules: Some Basic Concepts Marybeth Richardson Director, Southern Maine Regional Office MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION Protecting Maine s Air, Land and Water
Chapter 500 A Brief History 1995 Maine Storm Water Management Law 1997 Chapter 500 Stormwater Management Law Rules 2006 Stormwater Management Rules last updated 2009 Stakeholder group discussions 2015 Major revisions
Chapter 500 2015 Revisions New changes effective 8/12/2015 General standards options when 95% and 80% treatment levels can t be met Redevelopment standards Innovative treatment measures Clarification of treatment standards for Site law redevelopment projects Rainfall table updates Voluntary low impact development credit
Redevelopment Treatment requirement based on the pollutant discharge that would occur if stormwater went untreated Pollutant ranking based on Table 2 land uses Calculate treatment level based on existing land use vs. proposed condition Priority for treatment given to areas with highest pollutant ranking to maximum extent practicable Developed area must be treated to the level required based on pollutant ranking in Table 3 Department may allow equivalent treatment or mitigation on an off site parcel as alternative if treatment of developed area is impractical
Recertification Requirement Submit documentation within 3 months of every 5 year interval from date of permit issuance Inspection of BMPs Maintenance log for erosion control Proprietary systems evidence of maintenance DEP may waive if MSGP or MEPDES program requirements can be substituted
New Rule: Chapter 501 Allows for payment of compensation fees or mitigation through reduction of existing pollutant sources Compensation fees only in towns with a CFUP Mitigation projects can be onsite or off site Effective date 1/13/2015
Maine Construction General Permit Introduced in 2003 Licenses discharges only from construction activities Expired in 2008, but coverage continues Threshold activities similar to Stormwater Permit by Rule Applicants who are applying for stormwater or Site Law permits are automatically covered
MCGP Proposed Changes Definition changes Construction in Long Creek watershed Emergency related construction activities Non stormwater discharges Changes reviewed with EPA Draft currently under review
MCGP: Other potential changes Increase erosion control where a 50 foot buffer to surface water cannot be maintained. Install sediment barriers downgradient of, and divert runoff to, soil stockpiles. Minimize tracking of sediment off the site. Adequately protect storm drain inlets. Design sediment basins to provide storage for a 2 year, 24 hour storm and remove sediment to maintain at least half the design capacity of the basin.
LID: Low-Impact Development Site planning and design strategies intended to replace or replicate predevelopment hydrology through the use of source control and relatively small scale measures integrated throughout a site to disconnect impervious surfaces and enhance filtration, treatment, and management of stormwater runoff as close to its source as possible.
Encourages innovation and creativity Voluntary LID credit Can be structural or non structural LID strategies should be agreed upon by DEP early in review process LID continued
Stormwater and Climate Change DEP Adaptation Toolkit: Centralized source of information for many stakeholders Developed with other state agencies Will continue to be updated over time http://www.maine.gov/dep/sustainability/ climate/adaptation-toolkit/index.html
Contact: Land Bureau Licensing Unit Southern Maine Regional Office 207.822.6300 www.maine.gov/dep