CHAPTER 219

S.P. 542 - L.D. 1558

An Act Concerning Storm Water Management

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 38 MRSA §413, sub-§1-A, as affected by PL 1989, c. 890, Pt. A, §40 and amended by Pt. B, §28, is further amended to read:

1-A. License required for surface wastewater disposal systems. No person may install, operate or maintain a surface wastewater disposal system without first obtaining a license therefor from the department, except that the department may exempt or license by rule categories of storm water discharges to groundwater when the discharges will not have a significant adverse effect on the quality or classification of waters of the State. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 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.

Sec. 2. 38 MRSA §413, sub-§1-B, ¶B, as enacted by PL 2003, c. 551, §5, is amended to read:

B. The department may exempt or license by rule license categories of subsurface discharges when the discharges will not have a significant adverse effect on the quality or classification of groundwaters of the State to groundwater in the same manner and using the same criteria as provided in subsection 1-A. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter