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Maine DEP Issues Precendent-Setting Stormwater Permit for Long Creek Watershed
11.02.2009
On October 28, 2009, using its "residual designation authority" (RDA) under the Clean Water Act, the U.S. Environmental Protection Agency, Region 1 (EPA) issued a final decision requiring designated owners of properties that discharge storm water into the Long Creek watershed, a 3.5 square mile area located in a major commercial center near downtown Portland, to obtain storm water permit coverage under the National Pollutant Discharge Elimination System (NPDES). Designated landowners include those with one acre or more of "impervious surface," such as parking lots, roads, and rooftops.
On October 29, 2009, the Maine Department of Environmental Protection (MEDEP) issued a general permit to provide designated landowners with a means to comply with EPA's RDA decision. This permit, entitled, "General Permit – Post Construction Discharge of Stormwater in the Long Creek Watershed," represents a "first in the nation" collaborative approach to addressing water quality in impaired watersheds.
Under the general permit, landowners must agree to participate in the implementation of the Long Creek Watershed Management Plan (Plan), which will be administered through the newly created Long Creek Watershed Management District (District), and sign a "Participating Landowner Agreement" (PLA) for this purpose. The Plan identifies various projects in the watershed, which, along with maintenance and monitoring, are designed to allow Long Creek to meet state water quality standards over a period of ten years. All participants must pay an annual fee to the District based on their percentage of impervious cover. The District will implement the Plan using third party contractors. Landowners may reduce a portion of their fees by performing some of the work under the Plan themselves.
Landowners who do not participate in the Plan will be responsible for treating their own discharges through an individual MEDEP permit. MEDEP anticipates releasing the proposed standards for individual permits in mid-November 2009 and formally notifying landowners of the requirement to obtain a permit in late November. Landowners will then have 180 days to file for general permit coverage or apply for an individual permit.
MEDEP will hold a meeting on Monday, November 16, 2009, from 1:00 to 4:00 p.m. at the Portland Water District Nixon Training Center, 225 Douglass Street, Portland, to provide an overview of the requirements of the general permit and the draft PLA.
Information about the general permit is available at the following MEDEP website:
http://www.maine.gov/dep/blwq/docstand/wd/long_creek/index.htm.
A draft PLA will be posted on November 5, 2009 at the Restore Long Creek website: www.restorelongcreek.org.