The Erosion and Sedimentation Control Law (38 M.R.S.A. § 420-C) applies to all activities in Maine's organized territories that will cause the filling, displacement or exposure of all earthen materials. The Erosion and Sedimentation Control Law requires that appropriate measures be taken to prevent unreasonable soil erosion and sedimentation beyond the site or into a protected natural resource (such as a river, stream, brook, lake, pond, or wetland). Erosion control measures must be installed before the activity begins and must be maintained until the site is permanently stabilized.
[Added 9-5-2023 by Ord. No. 23-129]
An erosion control plan is required for all new development or redevelopment projects that result in one or more acres of disturbed area or more than 10,000 square feet of new or redeveloped impervious area. This provision also applies to projects disturbing less than one acre if the construction activity is part of a larger common plan of development or sale that would disturb one or more acres.
The plan shall include comprehensive erosion and sediment control provisions as summarized below:
A.
The plan shall show the use of erosion and sediment control best management practices (BMPs) at construction sites consistent with the minimum standards outlined in the Maine DEP Stormwater Rule Chapter 500 Appendix A - Erosion and Sediment Control, Appendix B - Inspections and Maintenance, Appendix C - Housekeeping. Erosion and Sedimentation Control BMPs shall be designed, installed and maintained in accordance with the standards contained in the latest revisions of the following Maine DEP documents:
B.
An erosion control plan prepared by a registered Maine professional engineer shall be submitted. The plan shall include the following:
(1)
Narrative. Provide a narrative describing the site's erosion potential and the measures to be employed to control erosion and sedimentation during construction and after completion of the development. Describe the temporary and permanent erosion control methods to be employed on the site.
(2)
Give the expected date by which final stabilization of the site will be complete.
(3)
Show the locations of all roads, lot boundaries, buildings, parking lots, material stockpiles, existing and proposed culverts, drainage channels, catch basins, subsurface drainage pipes and storm drain outfalls.
(4)
Show the location of all temporary and permanent erosion controls to be in-stalled on the site.
(5)
Show the limits of the areas disturbed by construction.
(6)
Provide design drawings and specifications for the temporary and permanent erosion and sedimentation control measures to be used on the site. The drawings and details must be sufficiently detailed to allow a contractor unfamiliar with the controls to install and maintain them.
(7)
Provide calculations for sizing, spacing, or stabilizing each erosion and sedimentation control measure in accordance with the latest revision of the Maine DEP "Erosion and Sediment Control Handbook for Construction: Best Management Practices." These calculations must include analyses for determining the peak runoff flow to a control, its storage volume, and its outlet design. At a minimum, the erosion and sedimentation control plan must include the following:
(a)
Location plan(s) showing, at a minimum, the location of structures, disturbed land, pre-construction site topography, post-construction site topography, on-site or adjacent water resources, and all erosion and sediment control measures.
(b)
Detail plan(s) showing the following:
[1]
Erosion and sedimentation control notes including, but not limited to, permanent stabilization measures, seeding and mulching rates, and a construction schedule with the proposed construction dates and time frame for major earth moving and construction events.
[2]
Construction and installation details for erosion and sedimentation control measures including, but are not limited to, sedimentation barriers, ditch lining, rip rap, and culvert inlet and outlet designs.
[3]
Inspection and maintenance requirements for the temporary and permanent erosion and sedimentation controls for the project site shall be specified for each BMP in accordance with Maine DEP Stormwater Rule Chapter 500 Appendices A and B. At a minimum, the inspection and maintenance plan must include the following:
[a]
List of the erosion control measure and stormwater management measures to be inspected and maintained (e.g., "parking lot catch basins").
[b]
Inspection and maintenance tasks specific to each erosion control measure or stormwater management measure (e.g., "remove accumulated sediments in basin sumps"). Submit the specific qualifications of the person performing each task (e.g., "a professional engineer registered in the State of Maine will inspect the retention pond embankment").
[c]
Specify required frequency of each inspection and maintenance task (e.g., "accumulated sediments will be removed from all catch basins annually in early spring").
[d]
Responsible parties. Submit the name, job title, employer, employer address, phone number, and current email contact information for the person responsible for ensuring that inspection and maintenance tasks are completed. Submit the names, job titles, employer addresses, phone number, and any current email contact information of the engineers or other design professionals who designed the erosion control measures and stormwater management measures for the site. Include suppliers of proprietary erosion control measures or proprietary stormwater management measures used on the site.
[e]
For stormwater management ponds or basins, include a maintenance plan that specifies, at a minimum, the inspection and maintenance requirements for the pond's embankments, outlet structure, and emergency spillway. Include as part of this plan provisions for the removal and disposal of accumulated sediments in the pond and the control of woody vegetation on the pond's embankments.
[f]
For infiltration structures or basins, include a maintenance plan that specifies, at a minimum, the inspection and maintenance requirements for the structure's pretreatment measures, embankments, surface lining, and overflow spillway. Include, as part of this plan, provisions for the removal and disposal of accumulated sediments in the structure and for the rehabilitation of clogged surface linings.
[g]
For vegetated underdrained filter basins, include a maintenance plan that specifies, at a minimum, the inspection and maintenance requirements for the filter embankments, surface lining, underdrain piping, and overflow spillway. Include, as part of this plan, provisions for the removal and disposal of accumulated sediments in the structure, the rehabilitation of clogged surface linings, and the flushing of underdrain piping.
[h]
For stormwater buffers, include a maintenance plan that specifies, at a minimum, the inspection and maintenance requirements to ensure the integrity and function of the project's stormwater buffers. As part of this plan, include provisions for the inspection, maintenance, and, if necessary, reconstruction of any level spreaders or ditch turnouts used to spread runoff into the buffers. Include, as part of this plan, provisions for the frequent removal and disposal of accumulated sediments and debris in the level spreader and turnout bays, provisions for the inspection and repair of any eroded areas within the buffer, and provisions for the re-establishment of buffer vegetation destroyed by post-construction activities.
[i]
For manufactured stormwater treatment systems include a maintenance plan that specifies, at a minimum, the inspection and maintenance requirements for the system's inlet, treatment chambers, and outlet. The plan shall conform to the inspection and maintenance guidelines recommended by the manufacturer based on the estimated runoff and pollutant load expected to the system from the project. As part of this plan, include provisions for the frequent removal of accumulated sediments, debris, and contaminated waters from the system and, if applicable, provisions for the removal, disposal, and replacement of any clogged or spent filter media.
[j]
For ditches, culverts, and storm drains, include a maintenance plan that specifies, at a minimum, the inspection and maintenance requirements for all stormwater conveyances to be built or installed on the site, including, but not limited to, ditches, swales, culverts, catch basins, and storm drain piping. As part of this plan, include provisions for the repair of eroded areas at the inlet, within, and at the outlet of each conveyance and include provisions for the frequent removal and disposal of accumulated sediments and debris at the inlet, within, and at the outlet of each conveyance.
C.
Submit a housekeeping plan in accordance with the requirements contained in Maine DEP Stormwater Rule Chapter 500, Appendix C. The housekeeping plan shall address spill prevention, groundwater protection, fugitive sediment and dust, debris and other materials, trench or foundation de-watering, or non-stormwater charges, as applicable to the specific site.