CHAPTER 602
H.P. 1435 - L.D. 2035
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 38 MRSA §353-B, sub-§2, ¶A, as amended by PL 2003, c. 246, §1, is further amended to read:
A. The base and maximum fees that may be assessed to categories of discharge activities are as follows.
Discharge Group |
Base fee not to exceed |
Maximum fee for individual in group | |
Publicly owned treatment facilities, greater than 6,000 gallons per day but less than 5 million gallons per day and no significant industrial waste |
annual fee |
$175 |
none |
Publicly owned treatment facilities, 6,000 gallons per day or less |
annual fee |
$60 |
$180 |
Publicly owned treatment facilities, greater than 5 million gallons per day or with significant industrial waste |
annual fee |
$770 |
none |
Major industrial facility, process wastewater (based on EPA list of major source discharges) |
annual fee |
$1,850 |
none |
Other industrial facility, process wastewater |
annual fee |
$630 |
none |
Food handling or packaging wastewater |
annual fee |
$315 |
$2,100 |
Fish rearing facility |
annual fee |
$230 |
$1,400 |
Noncontact cooling water |
annual fee |
$90 |
$7,000 |
Industrial or commercial sources, miscellaneous or incidental nonprocess wastewater |
annual fee |
$115 |
$2,100 |
Municipal combined sewer overflow |
annual fee |
$115 |
$1,400 |
Sanitary wastewater, excluding overboard discharge |
annual fee |
$60 |
$1,200 |
Sanitary overboard discharge, commercial sources |
annual fee |
$210 |
$1,200 |
Sanitary overboard discharge, residential sources 600 gallons per day and less |
annual fee |
$175 |
--- |
Sanitary overboard discharge, residential sources more than 600 gallons per day |
annual fee |
$200 |
$600 |
Sanitary overboard discharge, public sources |
annual fee |
$210 |
$500 |
Aquatic pesticide application |
annual fee* |
$200 |
--- |
Snow dumps |
annual fee* |
$125 |
--- |
Salt and sand storage pile |
annual fee* |
$150 |
--- |
Log storage permit |
annual fee* |
$200 |
--- |
General permit coverage for industrial storm water discharges (except construction) |
annual fee* |
$300 |
--- |
General permit coverage (other) |
annual fee* |
$100 |
--- |
Experimental discharge license |
license fee* |
$500 |
--- |
Mixing zone, in addition to other applicable fees |
flat fee* |
$4,000 |
--- |
Formation of sanitary district |
flat fee* |
$300 |
--- |
Transfer of license for residential or commercial sanitary wastewater |
flat fee* |
$100 |
--- |
*Discharge or license quantity fees do not apply to these categories.
When a license authorizes multiple discharge points in different categories in the same license, the total maximum fee for the license may not exceed the maximum fee for the most significant category plus 1/2 of the maximum fee for each of the other applicable categories.
Sec. 2. 38 MRSA §420-D, sub§-5, as amended by PL 2001, c. 232, §14, 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; 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 or if the municipality meets the requirements of section 489-A, subsection 2-A, paragraph B.
Sec. 3. 38 MRSA §420-D, sub-§7, ¶C, as enacted by PL 1995, c. 704, Pt. B, §2 and affected by PL 1997, c. 603, §§8 and 9, is amended to read:
C. If the commissioner determines that a municipality's ordinance meets or exceeds the provisions of this section and that the municipality has the resources to enforce that ordinance, the commissioner shall exempt any project within that municipality. The department shall maintain a list of municipalities meeting these criteria and update this list at least every 2 years. The commissioner shall immediately notify municipalities on the list of municipalities meeting these criteria of new or amended rules adopted by the department pursuant to this article. If a municipality on the list no longer meets these criteria, it must be removed from the list. A project constructed after a municipality is removed from the list must obtain approval pursuant to this section., except that if the municipality no longer meets these criteria due to new or amended department rules, then the municipality remains on the list if:
(1) The municipality adopts amendments to its ordinances within one calendar year of the effective date of the new or amended department rules;
(2) The municipality submits the amended ordinances to the commissioner within 45 calendar days of adoption for review; and
(3) The commissioner determines that the amended ordinances meet or exceed the provisions of this section.
A project constructed after a municipality is removed from the list must obtain approval pursuant to this section.
Sec. 4. 38 MRSA §420-D, sub-§9, as enacted by PL 1995, c. 704, Pt. B, §2 and affected by PL 1997, c. 603, §§8 and 9, is amended to read:
9. Rules. Rules adopted pursuant to this section are major substantive routine technical rules as defined in Title 5, chapter 375, subchapter II-A 2-A, except that those rules that qualify as state mandates pursuant to the Constitution of Maine, Article IX, Section 21 are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 5. 38 MRSA §485-A, sub-§1-C, as enacted by PL 1995, c. 704, Pt. A, §12 and affected by Pt. C, §2, is amended to read:
1-C. Approval of future development sites. The department shall adopt rules allowing the option of, and identifying requirements for, a planning permit that allows approval of development within a specified area and within specified parameters such as maximum area, groundwater usage and traffic generation, although the specific nature and extent of the development or timing of construction may not be known at the time the permit is issued. The location and parameters of the development must meet the standards of this article. This alternative is not available for metallic mineral mining or advanced exploration activities. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter II-A 2-A.
If the department determines that full compliance with new or amended rules enacted after a planning permit was issued will significantly alter the plan for the development, the department may require the permittee to comply with the rules in effect at the time of issuance of the planning permit and, to the extent practicable, to comply with additional requirements or standards in the new or amended rules for any remaining portion of the development for which final submissions have not been provided. The department may not require significant alteration of constructed or permitted infrastructure authorized by the planning permit, or subsequent approvals designed to serve future development phases in existence at the time of the new or amended rules in assessing practicability.
For purposes of this subsection, "practicable" means available and feasible considering cost, existing technology and logistics based on the overall purpose of the project as authorized in the planning permit.
Sec. 6. 38 MRSA §490-E, 2nd ¶, as enacted by PL 1995, c. 700, §25, is amended to read:
The department shall adopt rules that set forth the standards for granting a variance from the performance standards in this article. These rules are major substantive rules as defined in Title 5, chapter 375, subchapter II-A 2-A. Those rules must be provisionally adopted and submitted to the Legislature for review not later than January 1, 1997. Notwithstanding Title 5, section 8072, subsection 3, the Executive Director of the Legislative Council shall immediately assign those provisionally adopted rules to the joint standing committee of the Legislature having jurisdiction over natural resources matters.
Sec. 7. 38 MRSA §490-CC, first ¶, as enacted by PL 1995, c. 700, §35, is amended to read:
An owner or operator must comply with the performance standards in section 490-Z unless a variance from those performance standards is approved by the department. Except when prohibited by section 490-Z, the department may grant a variance from the performance standards in this article if the owner or operator affirmatively demonstrates to the department that the variance does not adversely affect natural resources or existing uses and does not adversely affect the health, safety and general welfare of the public. The department may adopt rules that set forth the standards for granting a variance from the performance standards in this article. Such rules are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A. A variance application must include any fee applicable under section 490-EE. The department shall process the variance application according to chapter 2 and the rules adopted by the department for processing an application. An applicant for a variance under this article shall hold a public informational meeting as described in those rules.
Sec. 8. General permit for industrial facilities and report. By January 1, 2009, the Department of Environmental Protection shall report to the joint standing committee of the Legislature having jurisdiction over natural resources matters on what, if any, standard industrial codes or activities not covered by a standard industrial code should be added to the industrial storm water program. The report must include the projected revenue from fees and the projected operating costs of extending the storm water program to address these activities through the multisector general permit in 2010.
Sec. 9. Rules regarding storage of petroleum products and externally drained pits. Notwithstanding the Maine Revised Statutes, Title 38, sections 490-E and 490-CC, amendments to rules regarding performance and design standards for the storage of petroleum products and variance requirements for externally drained pits are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A until March 1, 2007.
Sec. 10. Authority to report out legislation. The joint standing committee of the Legislature having jurisdiction over natural resources matters may report out legislation relating to the report required pursuant to section 7 of this Act to the First Regular Session of the 124th Legislature.
Sec. 11. Application. The provisions of this Act that amend the Maine Revised Statutes, Title 38, section 420-D, subsection 5 and subsection 7, paragraph C do not apply to rules regarding storm water management and amendments to rules regarding storm water management that are adopted prior to the effective date of this Act.
Effective August 23, 2006.
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