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DEP briefs BASWG on scheduled audits, LID ordinance delay and proposed MS4 fee increase

BASWG · April 10, 2025
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Summary

At the April 10 BASWG meeting, DEP staff reported on upcoming field and desk audits, said the model LID (Low Impact Development) ordinance draft is delayed, and described LR 165, a DEP proposal to raise the annual MS4 permit fee from $362 to $1,306.

At its April 10 meeting in Bangor, DEP representative Holliday told members of BASWG that the agency will begin scheduling field audits in April and is also conducting desk audits assigned to regional officers.

Holliday said permittees should be prepared to show outfall sites, post‑construction site documentation, municipal stormwater treatment best‑management practices, public works facilities and transfer stations or recycling centers during field visits. "Field audit has been partially completed for Brewer. Eli reached out," the minutes note.

On desk audits, Holliday listed likely requested items including stormwater management plans, maps, facility inspection records, sampling and ambient monitoring data, responses to CWA Section 308 requests, discharge monitoring reports and annual reports. She said desk audits for some communities (example cited: Old Town) were assigned to regional officers and outreach would occur in advance.

Kerem announced a Maine Construction General Permit webinar related to Chapter 500 matters, and Holliday warned that a new online licensing system has experienced problems that are delaying some schedules and filings.

On Low Impact Development guidance, Holliday said the model LID ordinance — due Nov. 5, 2025 — has been repeatedly pushed out and that the current draft will not be final because of the volume of public comments. The minutes record that Gregg Wood is hoping to publish a revised draft soon but that DEP staff are waiting for a final draft before encouraging adoption to avoid frequent amendments.

Holliday also reported that the Stormwater Commission did not make many of the changes requested by ISWG or MEWEA and that "there is still not MS4 representation on the group." Finally, she described LR 165, "An Act to Update Waste Discharge License Fees," and said, "DEP has proposed a bill to increase the annual MS4 permit fee from $362 to $1,306." The minutes do not record any formal BASWG vote or position on LR 165.

The DEP update prompted practical next steps noted by members: assemble site maps and construction/post‑construction tracking spreadsheets to support audits and prepare documentation where available. BASWG did not enact any formal policy at the meeting; members discussed coordination and training to help permittees meet expected audit requests.