A New England environmental law group is trying to force Maine Mall-area businesses to treat storm water discharge that is polluting the Long Creek watershed.

The Conservation Law Foundation formally asked the U.S. Environmental Protection Agency in Boston on Friday to regulate storm water pollution in the Long Creek watershed generated by commercial developments.

The law group’s request would affect dozens of mall-area business owners in the watershed, including big-box stores, drive-through coffee shops, car dealerships and hotels.

“Storm water pollution is the No. 1 pollution source in Casco Bay,” said Steve Hinchman, staff attorney with the law foundation.

The watershed, which flows into the Fore River and Casco Bay, is classified by the state Department of Environmental Protection as one of the most polluted bodies of fresh water in Maine.

The Maine Department of Environmental Protection likely will be asked by the EPA to respond to the petition, since it administers and enforces the federal Clean Water Act, said Don Witherill, director of the Department of Environmental Protection’s Division of Watershed Management.

The watershed – which is categorized as an “impaired urban stream” – has been affected by more than 30 years of rapid business development. Pollutants include oil, grease, silt, other petroleum products and metals such as lead. There also are excessive nutrients that include nitrogen and phosphorous from fertilizers and automotive products.

Untreated storm water from parking lots and roof tops is often warm enough to raise stream temperatures and harms aquatic life.

“Urban storm water pollution is every bit as deadly as industrial waste,” Hinchman said. “Water sampling taken during storm events found levels of toxic and heavy metals in Long Creek that exceed EPA criteria for acute toxicity.”

If the foundation’s request is supported, businesses would have to meet permitting requirements for discharging storm water. It would be the first such action regarding storm water pollution in Maine, according to the group.

There are no estimates on how much it may cost to restore the watershed, but environmental officials predict the cleanup could take 10 years.

In most cases, business would have to make an investment in trapping pollutants and filtering storm water before it leaves the building site.

The Long Creek watershed covers Westbrook, Scarborough and Portland. But the largest area is in South Portland, concentrated in the Maine Mall area near Route 295.

New developments already must meet stricter pollution control standards for storm water runoff, developed by the Maine Department of Environmental Protection in 2005.

“New projects should already be doing most of what is required,” Witherill said.

The EPA petition focuses on existing businesses that were not required to filter storm water runoff from parking lots and roofs when they were developed.

Property owners such as Vinnie Maietta were surprised this week by the law foundation’s petition and interest in the watershed’s restoration.

Maietta, who owns parcels off Western Avenue where Eggspectations and Outback are located, said he was unaware of the law foundation’s request for the EPA to regulate storm water discharge in the mall area.

“I have heard some rumblings that there might be new mandates, but that is it,” Maietta said.

Maietta said he took the initiative to install a storm water treatment system on his properties when they were developed about seven years ago. But, Maietta said, he is unsure whether the storm water treatment tanks, which cost about $25,000 each, would meet standards today.

“There really have not been clear state standards in the past because some of the technology has not always worked,” Maietta said.

“I don’t think (the law foundation) is trying to beat up developers,” he added. “They’re just trying to protect the watershed. But for our part, we can only do what the best technology allows.”

South Portland, Portland, Westbrook and Scarborough officials were scheduled to meet on Tuesday to discuss the petition and its potential impact on businesses as well as the role of municipalities in the cleanup.

Municipalities in the watershed have been involved in a public-private partnership called the Long Creek Planning Project that seeks to encourage a voluntary effort by property owners to meet or exceed standards under the federal Clean Water Act.

Members of the planning project include major stakeholders in the watershed, including the Maine Mall, National Semiconductor, Fairchild Semiconductor, the Marriott Hotel and Unum.

“To have 50 or 100 businesses work individually on the cleanup is problematic,” said South Portland City Councilor Tom Blake, a member of the Long Creek Planning Project. “But if they work together we can avoid legal costs and develop a plan that works for everyone.”

The city of South Portland received a federal grant to partner with watershed municipalities and stakeholders to develop a locally supported plan for the Long Creek watershed area.

The plan will outline a strategy to help restore the water quality so that it meets quality standards set under state and federal law.

Blake said the law foundation’s petition before the EPA will not affect the group’s voluntary efforts to clean up the watershed.

“We have a goal of cleaning up the watershed,” he said. “We took the approach that you are going to get better results when people come to the table on volunteer basis.”

Hinchman acknowledged that there have been some efforts by local property owners to comply with updated laws for discharging storm water. But, he said that other businesses are resisting the efforts.

A press release issued this week by the Long Creek Planning Project stated that it “believes a collaborative, community-based effort will best serve all stake holder interests, and ultimately lead to the most creative, cost-effective, and environmentally responsible plan.”

Some major South Portland companies, such as the Maine Mall, have taken pre-emptive steps in anticipation of tougher water quality standards for older developments.

The mall, at the urging of the Conservation Law Foundation, developed a new storm water treatment system that it plans to install when it breaks ground on a major expansion.

“The Maine Mall has been a leader and has gone above and beyond all expectations by (environmental groups) to improve its storm water master plan, including a massive investment to improve the retention pond and a filtering system for all storm water runoff,” said John Geddis, general manager at the Maine Mall.

Fairchild Semiconductor already meets federal clean water standards and holds a federal permit for storm water discharge, said Dave Russell, facilities engineer.

Certain industries, such as the microchip manufacturer, have to apply for storm water permits for their discharge.

As members of the Long Creek Planning Project, he said the company will offer its expertise to area businesses seeking to clean their storm water runoff.

“We are an active participant in the community and looking to help where we can,” Russell said.

EPA asked to force Long Creek cleanupEPA asked to force Long Creek cleanup