Changes Could Drastically Weaken Maine’s Stormwater Law

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Changes Could Drastically Weaken Maine’s Stormwater Law

Changes Could Drastically Weaken Maine’s Stormwater Law

Bird’s Eye View of Crescent Lake, Raymond, Maine

Colin Holme, assistant director at Lakes Environmental Association in Bridgton, Maine shared this with us:
The Maine Department of Environmental Protection (MDEP) is currently proposing changes to the laws regulating stormwater from development projects. While modifications that would allow new types of treatment methods and more flexibility with redevelopment projects are needed, the Lakes Environmental Association feels some of the proposed revisions will lower the bar for stormwater treatment, particularly in rural areas like ours.

 

 

 

 

 


Our first concern comes from a new provision to allow projects that use “Low Impact Development” practices to reduce the amount of stormwater treated on-site by up to 20%. Low Impact Development, known as LID, is a method of treating stormwater pollution near its source and in small amounts rather than channeling all stormwater into one area and managing it with one, large treatment. LID is almost always a good thing, because you can get higher levels of pollutant removal with small individual treatments, more green space and less chance of total system failure. In the changes proposed by the MDEP, however, low impact development is too broadly worded and the proposed reduction credit will likely lead to projects exporting more phosphorus-laden runoff than currently allowed. Because of the suggested language, we (LEA) are particularly concerned that almost all subdivisions in our area will qualify for and will use this credit system to reduce the amount of stormwater they are required to treat. This is especially worrisome because subdivisions are the most common type of large scale development in our area and sprawling road systems that accompany them are a huge source of phosphorus to our lakes.
Our second major concern is a change to the compensation fee structure. Under the current rules, developers have the option to pay a fee in lieu of treating all of the phosphorus exported from a project. To qualify for this option, at least 60% of the project’s phosphorus budget needs to be treated on-site. The current fee structure is based on $25,000 per pound of phosphorus. This compensation value was determined by studies that looked at what it actually costs to install phosphorus controls in development projects. Typical projects in our area are dealing with fractions of a pound of phosphorus. Even where land is more plentiful, developers often choose the compensation option. This tells us that the current fee structure is either in line with or less expensive than actual, on-the-ground phosphorus treatment. The new language would pro-rate this fee depending on how much phosphorus the project exports. While this may sound like a good idea, it would cut the average fee in half, but the real cost to treat phosphorus on site by installing stormwater controls is still the same.
The funds received through this system go to regional stormwater administrators like LEA. The money must be spent on projects that treat phosphorus in the same watershed the funds were collected in. It is already a difficult task to find sites that qualify for use of these funds and treat an appropriate amount of stormwater for the price of the project. This new proposed fee structure will make it even harder. Even if greater flexibility is allowed for compensation projects, the overall result will still be more phosphorus exported into our waterbodies. Maine residents should register concern with their legislators too.
Lakes are the backbone of the economy for many Maine towns. These proposed changes are shortsighted and will ultimately result in lower water quality. LEA will continue to weigh in on this process and will push for the best standards to protect our lakes.
To view lakefront properties for sale on Crescent Lake and Panther Pond in the Sebago Lakes Region of Maine, click on the green box above.
To learn more about the Sebago Lakes Region and Lakes Environmental Association, check out the blog links below.
A Maine Lakefront Buyer’s Twofer – Crescent Lake and Panther Pond in Raymond and Casco, Maine
Vacationland Paradise Waiting for You on Crescent Lake in the Sebago Lakes Region
Lakes Environmental Association, Bridgton, Maine, Proposes Lake Science Center
Bridie McGreavy, PhD, to Lead LEA’s Maine Lake Science Center

 

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