Sections 14, 15 and 16
Links from this page are included to assist the reader, and are not part of the rule. Text amended effective December 27, 2006.
14. Permit shield . If a stormwater best management practice is approved by the department and, although adequately and appropriately constructed and maintained by the permittee, as determined by the department, it fails to meet an applicable standard provided in Section 4 or 5, the permittee is not in violation for failing to comply with that standard.
This section does not apply if an experimental measure is approved. See Section 15. This section does not apply to the requirements of Appendix D. This section does not create an exemption or exception from Site Location standards for projects that obtain a Stormwater Management Law permit.
NOTE: This section does not apply to license by rule approvals granted, or the need for a license pursuant to 38 M.R.S.A. § 413, the Waste Discharge Law. A wastewater discharge license is required for any stormwater discharge that the department determines will contribute to a violation of a water quality standard or is a significant contributor of pollutants to waters of the State. See 06-096 CMR 521(9)(a)(1)(v). For the permit shield provision applicable to the Waste Discharge Law, see 38 M.R.S.A. 414(8) "Effect of license".
Nothing in this section alters or affects the liability of the permittee if a violation has occurred prior to permit issuance.
15. Experimental measure. The department may, on a case-by-case basis, approve a best management practice that is experimental, as determined by the department, when requested by an applicant. However, in this case, the "permit shield" provision in Section 14 will not apply, and the department may require the applicant to collect and submit sufficient information on the performance on the best management practice to allow evaluation. If the best management practice does not perform at least as well as would have been expected from otherwise available best management practices, the department may require the permittee to replace or otherwise redesign the system.
The department may only approve an experimental practice on a site where it would be possible to replace or redesign the experimental system if necessary.
16. Modification. If a project has required a permit pursuant to the Stormwater Management Law or Site Law, all subsequent modifications of any size are also required to meet standards, except as allowed for redevelopment in Section 4(D). When the applicable standard depends upon an area threshold, the area of the entire licensed project, including the modification, is included. The area may be limited if the project covers more than one direct watershed, and the standards so provide.
