State of Maine

Maine Stormwater Laws & Regulations

The State of Maine operates under the National Pollutant Discharge Elimination System (NPDES) program under the authorization of the U.S. Environmental Protection Agency (EPA) through state regulation 38 M.R.S.A. § 420-. The Department of Environmental Protection (DEP) manages the permitting and compliance of stormwater discharge. The DEP requires recertification of Stormwater Management Systems every 5 years from the issuance of a property’s permit.

EXCERPT- Maine DEP Chapter 500 Stormwater Management Rules

Chapter 500 Stormwater Management APPENDIX B. Inspection and maintenance

2.    Post-construction. The following standards must be met after construction.

(a)   Plan. Carry out an approved inspection and maintenance plan that is consistent with the minimum requirements of this section. The plan must address inspection and maintenance of the project’s permanent erosion control measures and stormwater management system. This plan may be combined with the plan listed in Section 2(a) of this appendix. See Section 7(C)(2) for submission requirements.

(b)   Inspection and maintenance. All measures must be maintained in effective operating condition. A person with knowledge of erosion and stormwater control, including the standards and conditions in the permit, shall conduct the inspections. The following areas, facilities, and measures must be inspected and identified deficiencies must be corrected. Areas, facilities, and measures other than those listed below may also require inspection on a specific site. Inspection or maintenance tasks other than those discussed below must be included in the maintenance plan developed for a specific site.

EXCERPT- Five-Year Recertification for Long-term Maintenance of Stormwater Management Systems

Every year, the DEP notifies permittees whose projects are up for recertification and educates the property owners, facilities managers, homeowners’ associations as they respond to the recertification inquiries. You can help the DEP to make sure that well-maintained stormwater treatment systems keep the pollutants away from our waters:

• If you have a DEP Stormwater or Site Law permit issued in or after 2006: Please make sure the approved stormwater management inspection and maintenance plan is followed. Inspect your stormwater system and submit the five-year recertification paperwork.
• If you plan on purchasing a property with existing development: The property may already have a DEP Stormwater or Site Law permit. If so, make sure that the seller maintained and recertified the stormwater management system per the permit conditions. You will also need to apply for a permit transfer and assume the inspection and maintenance requirements.

Supplemental Documents:

DEP Stormwater Page

DEP Stormwater Management Law

Maine DEP Permit Application Manual

DEP Stormwater BMP Manual (VOL I, II, & III)

Maine Long-Term Inspection and Maintenance Plan for BMPS