Sec. 6. 38 MRSA §410-N, sub-§3, ¶A, as enacted by PL 1999, c. 722, §1, is amended to read:

A. The department or a person designated by the department may attempt eradication of an invasive aquatic plant from a water body if determined feasible by the department. If the commissioner determines that eradication activities must be undertaken immediately, a license is not required under section 413 or section 480-C for the use of a physical, chemical or biological control material by the department or a person designated by the department if the use of the control material is specifically related to the immediate eradication of invasive aquatic plant populations in the water body. Prior to undertaking an eradication activity and to the extent practical, the department shall notify landowners whose property is adjacent to the area where the activity will be undertaken.

Sec. 7. 38 MRSA §411, first ¶, as repealed and replaced by PL 1999, c. 790, Pt. A, §50, is amended to read:

The commissioner may pay an amount not to exceed 80% of the expense of a municipal or quasi-municipal pollution abatement construction program or a pollution abatement construction program in an unorganized township or plantation authorized by the county commissioners. The commissioner may make payments to the Maine Municipal Bond Bank to supply the State's share of the revolving loan fund established by Title 30-A, section 6006-A. The commissioner may pay up to 90% of the expense of a municipal or quasi-municipal pollution abatement construction program or a pollution abatement construction program in an unorganized township or plantation authorized by the county commissioners in which the construction cost of the project does not exceed $100,000 as long as total expenditures for the small projects do not exceed $1,000,000 in any fiscal year and not more than one grant is made to any applicant each year, except that the commissioner may pay a percentage of the cost of individual projects serving single-family dwellings, seasonal dwellings or commercial establishments according to the following schedule:

ANNUAL INCOME SINGLE- SEASONAL

FAMILY DWELLING

DWELLING

$0 to $5,000 100% 50%

$5,001 to $20,000 90% 50%

$20,001 to $30,000 50% 25%

$30,001 to $40,000 25% 25%

$40,001 or more 0% 0%

GROSS PROFIT COMMERCIAL

ESTABLISHMENT

$0 to $50,000 50%

$50,001 to $100,000 25%

$100,001 or more 0%

Sec. 8. 38 MRSA §414-A, sub-§6 is enacted to read:

6.__Cooling water intake structures.__Any standard established by the department pursuant to section 413 or this section with respect to cooling water discharges and applicable to a point source must require that the location, design, construction and capacity of cooling water intake structures reflect the best technology available for minimizing adverse environmental impacts.

Sec. 9. 38 MRSA §414-B, sub-§1, as enacted by PL 1973, c. 450, §15, is amended to read:

1. Definition. "Publicly owned treatment works" means any facility device or system for the treatment of pollutants owned by the State or any political subdivision thereof, any municipality, district, quasi-municipal corporation or other public entity. "Publicly owned treatment works" includes sewers, pipes or other conveyances only if they convey wastewater to a publicly owned treatment works providing treatment.

Sec. 10. 38 MRSA §420-D, first ¶, as enacted by PL 1995, c. 704, Pt. B, §2 and affected by Pt. C, §2 and 1997, c. 603, §8, is amended to read:

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 acres or more of disturbed area in 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 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.

Sec. 11. 38 MRSA §420-D, sub-§5, as amended by PL 1997, c. 502, §2 and affected by c. 603, §8, is further amended to read:

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, unless the project requires review solely as a development that generates 100 or more passenger car equivalents at peak hour; article 7, performance standards for excavations for borrow, clay, topsoil or silt; article 8-A, performance standards for quarries; and sections 631 to 636, permits for hydropower projects. 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.

A storm water permit pursuant to this section is not required for a project receiving review by a registered municipality pursuant to section 489-A if the storm water ordinances under which the project is reviewed are at least as stringent as the storm water standards adopted pursuant to section 484 and are in effect at the time of review as determined by the department.

Sec. 12. 38 MRSA §480-E-1, as enacted by PL 1999, c. 333, §20, is amended to read:

§480-E-1. Delegation of permit-granting authority to the Maine

Land Use Regulation Commission

The Maine Land Use Regulation Commission shall issue all permits under this article for activities that are located wholly within its jurisdiction and are not subject to review and approval by the department under any other article of this Title. The Maine Land Use Regulation Commission shall issue modifications to department permits meeting these criteria for permits issued prior to September 18, 1999. The Maine Land Use Regulation Commission shall process these permits and modifications in accordance with the provisions of Title 12, sections 681 to 689 and rules and standards adopted under those sections.

The Maine Land Use Regulation Commission, in consultation with the department, shall periodically review land use standards adopted by the commission to ensure that the standards afford a level of protection consistent with the goals of this article, the goals of Title 12, chapter 206-A and the commission's comprehensive land use plan.

Sec. 13. 38 MRSA §480-V, as enacted by PL 1993, c. 721, Pt. F, §4 and affected by Pt. H, §1, is amended to read:

§480-V. Applicability

Except as provided in this section, this article applies to all protected natural resources in the State, including significant wildlife habitat that is within another protected natural resource.

1. Exemptions. This article does not apply to:

A. Significant wildlife habitat not within another protected natural resource, unless that significant wildlife habitat is identified on a map adopted by the board; and.

B. Those portions of fragile mountain areas, deer wintering areas, seabird nesting islands and great ponds, rivers, streams and brooks within the jurisdiction of the Maine Land Use Regulation Commission under Title 12, chapter 206-A. The commission, in consultation with the department, shall periodically review land use standards adopted by the commission for these resources to ensure that the standards afford a level of protection consistent with the goals of this article, the goals of Title 12, chapter 206-A and the commission's comprehensive land use plan.

Sec. 14. 38 MRSA §480-Z, sub-§§5 and 6, as enacted by PL 1997, c. 101, §1 and affected by §2, are amended to read:

5. Report; evaluation. The department shall submit a report annually by February 1st to the joint standing committee of the Legislature having jurisdiction over natural resources matters regarding the wetlands compensation program. The report must include information on the amount and type of wetlands altered, the associated impact on wetland functions and values and the compensation required by the department. The information must be provided for each of the following categories: compensation projects implemented by the applicant, compensation authorized by the purchase of credits from a mitigation bank, compensation authorized by payment of compensation fees and wetland alterations for which compensation was not required.

By January 1, 2001 and February 1, 2002, the department shall submit to the joint standing committee of the Legislature having jurisdiction over natural resources matters an evaluation of the effectiveness and efficiency of the compensation program developed under this section, including the amount and type of wetlands altered, the effect on wetland functions and values, an assessment of the relative environmental benefit of each

compensation option, an assessment of whether coastal wetlands should be included in the program, an assessment of the requirement that the compensation project be located in the same watershed as the affected wetland and a comparison of the compensation program developed under this section with compensation prior to the effective date of this section. The department may include recommendations for extending the program and any suggested statutory changes.

6. Repeal. This section is repealed October 15, 2001 2003. The repeal of this section does not affect any valid permits, compensation projects, credits and compensation funds issued, implemented, purchased or established pursuant to this section.

Sec. 15. 38 MRSA §488, sub-§18, ¶¶B and C, as enacted by PL 1995, c. 493, §7, are amended to read:

B. A roundwood or lumber storage yard and any road associated solely with the yard, constructed prior to the effective date of this subsection, is exempt from review under this article provided the following requirements are met.

(1) Within one year after the effective date of this subsection, a notice of intent to comply must be provided to the department.

(2) Within 2 years of the effective date of this subsection, construction and operation of the yards and roads must be in compliance with the erosion and sedimentation control standards and storm water standards contained in board rules and adopted pursuant to section 484.

(3) Any expansion or alteration of such facilities must meet the requirements of paragraph A.

C. Notice of intent filed under this subsection must be complete, submitted on forms approved by the department and mailed by certified mail, return receipt requested. The notice must include a fee of $250. The fee for transfer or minor revision of the notice of intent is $105.

Sec. 16. 38 MRSA §488, sub-§18, ¶D, as enacted by PL 1995, c. 493, §7, is repealed.

Sec. 17. 38 MRSA §488, sub-§20, as enacted by PL 1995, c. 704, Pt. A, §20 and affected by Pt. C, §2, is amended to read:

20. Modifications in permitted subdivisions. Review is not required under this article in the following instances:

A. When the owner of a single lot in a subdivision with a permit under this article conveys a right of access to adjacent land that was not part of the permitted subdivision, if the right-of-way is not contrary to the terms of the subdivision permit and the right-of-way is not more than 50 feet long; or

B. When 2 lot owners in a subdivision with a permit under this article convey reciprocal easements for the purpose of constructing a common driveway in place of 2 separate driveways, if the single driveway reduces the total amount of impervious area in the affected subwatershed; or and the single driveway is not contrary to the terms of the subdivision permit.

C. When a lot owner in a permitted subdivision seeks to relocate the proposed septic field that had been designated by the permit holder, if the septic field is no closer to the down-gradient property boundary and the relocation is approved by the required local and state agencies, such as the plumbing inspector and the Department of Human Services, Division of Health Engineering.

Sec. 18. 38 MRSA §844, sub-§2, as enacted by PL 1999, c. 782, §1, is amended to read:

2. Grant criteria. A dam is eligible for a grant from the fund if it:

A. Controls the flow of water; and

B. Is breached and causes a lowering of the water level; and

C. Meets any other criterion the department may by rule require.

SUMMARY

The bill makes many minor changes to statutes administered by the Department of Environmental Protection, Bureau of Land and Water Quality.

1. It repeals a provision that prevents a cause of action by a riparian or littoral owner against a licensed discharger under certain circumstances.

2. It changes the date in the definition of "Code of Federal Regulations" to include amendments to that code effective on or before January 1, 2001.

3. It changes the date in the definition of "Federal Water Pollution Control Act" to include amendments to that Act effective on or before January 1, 2001.

4. It amends the definition of "person" to specifically include an association, a partnership and the agents and employees of the legal entities included in the definition.

5. It removes a requirement related to an initial report submitted several years ago and waives the reporting requirement when the program is not funded.

6. It removes an exemption from wastewater discharge licensing requirements for use of control material on invasive aquatic plants by the department or a person designated by the department.

7. It removes the cap of $1,000,000 for total expenditures in any fiscal year for purposes of grants under the small community grant program.

8. It provides that any standard established by the department pursuant to the Maine Revised Statutes, Title 38, section 413 or 414-A with respect to cooling water discharges and applicable to point sources requires that the location, design, construction and capacity of cooling water intake structures reflect the best available technology for minimizing adverse environmental impacts.

9. It amends the definition of "publicly owned treatment works" to make it more consistent with the federal definition by adding a reference to sewer pipes leading to the treatment facility itself.

10. It clarifies that a person needing a permit under the storm water management law must receive approval prior to beginning construction.

11. It deletes language in the section of the storm water management law referring to traffic permits, which the department no longer requires. It also adds language providing that a storm water permit is not required in a municipality with delegated authority under the site location of development law if the ordinances under which the project is reviewed are at least as stringent as the department's storm water standards, as determined by the department.

12. It clarifies that the Maine Land Use Regulation Commission, or LURC, may amend permits for projects in LURC jurisdiction that were previously issued by the department pursuant to the natural resources protection laws.

13. It corrects an apparent conflict between the Maine Revised Statutes, Title 38, section 480-E-1 and section 480-V. Currently, Title 38, section 480-E-1 provides that LURC issues all permits under the natural resources protection law, Title 38, chapter 3, subchapter I, article 5-A, for projects within its jurisdiction, using Title 12, sections 681 to 689 and rules and standards adopted under those sections. However, Title 38, section 480-V states that that article does not apply to certain protected natural resources within LURC jurisdiction. Under the bill, Title 38, chapter 3, subchapter I, article 5-A would apply statewide and LURC would continue to issue permits in LURC jurisdiction pursuant to Title 38, section 480-E-1.

14. It requires a 2nd report to the joint standing committee of the Legislature having jurisdiction over natural resources matters concerning the wetlands compensation program.

15. It changes the repeal date for the statutory section providing for a wetlands compensation program from October 15, 2001 to October 15, 2003.

16. It makes 3 changes to the site location of development law's exemption for roundwood and lumber storage yards. First, it clarifies that the phrase "erosion and sedimentation control standards and storm water standards contained in board rules" refers to rules adopted pursuant to the site location of development law. Second, it provides a fee for the processing of an application for a minor revision or transfer of the submitted notice of intent. Third, it deletes a reference to certain guidance documents.

17. It makes 2 changes to the site location of development law's exemptions for certain modifications in permitted subdivisions. The Maine Revised Statutes, Title 38, section 488, subsection 20 currently contains 3 separate exemptions. No change is proposed to the exemption Title 38, section 488, subsection 20 in paragraph A. The proposed amendment to Title 38, section 488, subsection 20, paragraph B adds a requirement, consistent with an existing requirement in Title 38, section 488, subsection 20, paragraph A, that the proposed activity not be contrary to the terms of the original permit. The bill repeals Title 38, section 488, subsection 20, paragraph C, which contains an exemption addressing relocation of septic systems.

18. It removes a grant criterion applicable to the Dam Repair and Reconstruction Fund that requires a dam be breached, causing lowering of the water level, in order to receive grant funds for repair or reconstruction.