NEW LAW PROTECTS LAKE WATER QUALITY

The Maine Department of Environmental Protection (MEDEP) introduced a bill this winter containing several recommendations to protect lake water.  Two provisions of the bill were passed by the Maine State Legislature and are now law.

Contractor Certification
Contractors working within 250 feet of lakes and 75 feet of streams and wetlands (the Shoreland Zone) will have to be certified in Best Management Practices by MEDEP After January 1, 2013.  Contractor certification will become a requirement for permitting Shoreland Zone projects at that time.  Certification is a simple requirement for contractors to fulfill since the 4 hour training is inexpensive and available at locations around the state; and certification is easily maintained by attending a refresher course every three years. 

It’s interesting that DEP research has shown contractor certification to be the most effective means of encouraging contractors to use Best Management Practices, surpassing even the availability of a full time Code Enforcement Officer for site inspections.

Higher Stormwater Compensation Fees
The second part of the new law raises the Stormwater Compensation Fee from $10,000 per pound of available Phosphorus to $25,000 per pound. The hike brings the fee in line with today’s construction costs. 

Stormwater Compensation Fees are assigned when a project can’t meet Phosphorus export limits either because of site limitations or cost.  The fee is held by the department in its Stormwater Compensation Fund.  It can be drawn upon for Nonpoint source projects in the lake watershed where the fee was imposed, on the theory that the Phosphorous runoff allowed  from one site will be compensated for by removing or mitigating some other Phosphorus source.  It’s a tidy idea, but hard to make work out in the real world.  At least this fee adjustment removes the temptation to use a money-saving detour around the Erosion and Sedimentation Control Law.

You Were there when It Counted
Maine COLA thanks all members and friends who responded to our call for support of this bill by attending the hearing on LD 2249, speaking out on the issues, and by writing to your representatives. LD 2249  passed the Natural Resources Committee unanimously and went through both houses of the legislature without a hitch.  Thank you!