Section 096-500-14 - Permit shield If a stormwater best management practice is approved by the Department and, although adequately and appropriately constructed and maintained by the permittee, as determined by the Department, it fails to meet an applicable standard provided in Section 4 or 5 of this Chapter, the permittee is not in violation for failing to comply with that standard.
A. This Section does not apply to the requirements of Appendix D of this Chapter.B. This Section does not apply to the need for a license pursuant to 38 M.R.S.§413, the Waste Discharge Law. A wastewater discharge license is required for any stormwater discharge that the Department determines will contribute to a violation of a water quality standard or is a significant contributor of pollutants to waters of the State. See 06-096 CMR 521(9)(a)(1)(v). For the permit shield provision applicable to the Waste Discharge Law, see 38 M.R.S.§414(8) "Effect of license".C. Nothing in this Section alters or affects the liability of the permittee if a violation has occurred prior to permit issuance.06- 096 C.M.R. ch. 500, § 14