Regulations

The U.S. EPA promulgated Phase I of the stormwater management program in 1990 under the authority of the Clean Water Act. Under this program, permitting is required through the National Pollution Discharge Elimination System (NPDES). The Phase I program covered three categories of discharges: (1) "medium" and "large" Municipal Separate Storm Sewer Systems (MS4s) generally serving populations over 100,000, (2) construction activity disturbing 5 acres of land or greater, and (3) ten categories of industrial activity.

Maine Department of Environmental Protection Phase II of the stormwater management program is the next step in the EPA's effort to preserve, protect, and improve the Nation's surface water resources from polluted stormwater runoff. The Phase II program expands the Phase I program to include all urbanized areas and smaller construction sites. Freeport is one of 28 municipalities in Maine that became regulated under the Phase II MS4s Stormwater program in July 2003; the current permit became effective on July 1, 2022. 

Although it is a federal program, the Phase II Stormwater permit is issued and regulated by the Maine DEP. Under the MS4 regulations, a municipality must implement the following six Minimum Control Measures: (1) Public education and outreach, (2) Public participation, (3) Illicit discharge detection and elimination, (4) Construction site stormwater runoff control, (5) Post-construction stormwater management, and (6) Pollution prevention/good housekeeping.

In Freeport, only the designated "urbanized area" is formally regulated under the Phase II Stormwater program. This regulated area is shown on this linked map. Although the permit requirements are only enforceable in the regulated area, it makes sense to encourage practices that reduce stormwater pollution in the entire Town.