CHAPTER 87
H.P. 458 - L.D. 625
Resolve, Regarding Legislative Review of Chapter 500: Stormwater Management and Chapter 502: Direct Watersheds of Lakes Most at Risk from New Development and Urban Impaired Streams, Major Substantive Rules of the Department of Environmental Protection
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A requires legislative authorization before major substantive agency rules may be finally adopted by the agency; and
Whereas, the above-named major substantive rules have been submitted to the Legislature for review; and
Whereas, immediate enactment of this resolve is necessary to record the Legislature's position on final adoption of the rules; 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
Sec. 1. Adoption. Resolved: That final adoption of Chapter 500: Stormwater Management and Chapter 502: Direct Watersheds of Lakes Most at Risk from New Development and Urban Impaired Streams, provisionally adopted major substantive rules of the Department of Environmental Protection that have been submitted to the Legislature for review pursuant to the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A, is authorized if the rules are modified as follows:
1. Chapter 500, section 4, subsection B, paragraph (2), subparagraph (a), division (ii) is amended to provide that one acre or more of impervious area, or 5 acres or more of developed area, in any lake watershed other than a watershed of a lake most at risk must meet the phosphorus standards, except that an applicant with a project that includes less than 3 acres of impervious area and less than 5 acres of developed area may choose to meet the BMP standards rather than the phosphorus standards if the lake is not severely blooming;
2. Chapter 500, section 4, subsection C, paragraph (1) is amended to limit the type of project modifications that need to meet the urban impaired stream standard to site location of development law modifications; and
3. Chapter 500, section 4, subsection C, paragraph (3), subparagraph (b) is amended to provide that for a project requiring a storm water management permit, redevelopment of an existing impervious area is not required to meet the urban impaired stream standard as long as the department makes the determinations specified in the proposed rule.
The Department of Environmental Protection is not required to hold hearings or conduct other formal proceedings prior to finally adopting these rules in accordance with this resolve.
Emergency clause. In view of the emergency cited in the preamble, this resolve takes effect when approved.
Effective June 3, 2005.
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