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;: