8. Erosion and sedimentation control. All reclaimed and unreclaimed areas, except for access roads, must be naturally internally drained at all times unless a variance is obtained from the department. Stockpiles consisting of topsoil to be used for reclamation must be seeded, mulched or otherwise temporarily stabilized.

A. Sediment may not leave the parcel or enter a protected natural resource.

B. Grubbed areas not internally drained must be stabilized.

C. Erosion and sedimentation control for access roads must be conducted in accordance with the department's best management practices for erosion and sedimentation control. Areas that are not naturally internally drained must meet the standards of section 420-C.

The department may not grant a variance from the provisions of paragraph A, B or C. Areas are not considered "naturally internally drained" if surface discharge is impeded through the use of structures such as detention ponds, retention ponds and undersized culverts.

Sec. 12. 38 MRSA §490-Z, sub-§9, as enacted by PL 1995, c. 700, §35, is repealed and the following enacted in its place:

9. Water quality protection and storm water management.__ Standards of the laws governing storm water management and waste discharge must be met as provided in this subsection.

A.__An area that is not naturally internally drained must meet storm water standards adopted pursuant to section 420-D if the total area requiring such a variance on the parcel would be of sufficient size to require a storm water management permit but for the exception from storm water management permitting requirements for certain excavations in section 420-D, subsection 5.__A storm water management permit is not required.