It shall be unlawful for any person to violate any provision
of or to fail to comply with any of the requirements of this chapter
or of the post-construction stormwater management plan. Whenever the
Code Enforcement Officer believes that a person has violated this
chapter or the post-construction stormwater management plan, the Code
Enforcement Officer may enforce this chapter in accordance with 30-A
M.R.S.A. § 4452.
A. Notice of violation.
(1) Whenever the Code Enforcement Officer believes that a person has
violated this chapter or the post-construction stormwater management
plan, the Code Enforcement Officer may order compliance with this
chapter or with the post-construction stormwater management plan by
written notice of violation to that person indicating the nature of
the violation and ordering the action necessary to correct it, including,
without limitation:
(a)
The abatement of violations, and the cessation of practices,
or operations in violation of this chapter or of the post-construction
stormwater management plan;
(b)
At the person's expense, compliance with BMPs required as a
condition of approval of the new development or redevelopment, the
repair of stormwater management facilities and/or the restoration
of any affected property; and/or
(c)
The payment of fines, of the Town's remediation costs and of
the Town's reasonable administrative costs and attorneys' fees and
costs.
(2) If abatement of a violation, compliance with BMPs, repair of stormwater
management facilities and/or restoration of affected property is required,
the notice shall set forth a deadline within which such abatement,
compliance, repair and/or restoration must be completed.
B. Any person who violates this chapter or the post-construction stormwater
management plan shall be subject to fines, penalties and orders for
injunctive relief and shall be responsible for the Town's attorney's
fees and costs, all in accordance with 30-A M.R.S.A. § 4452.
Each day such violation continues shall constitute a separate violation.
Moreover, any person who violates this chapter or the post-construction
stormwater management plan also shall be responsible for any and all
fines, penalties, damages and costs, including, but not limited to,
attorneys' fees and costs, incurred by the Town for violation of federal
and state environmental laws and regulations caused by or related
to that person's violation of this chapter or of the post-construction
stormwater management plan; this responsibility shall be in addition
to any penalties, fines or injunctive relief imposed under this section.
C. The Code Enforcement Officer may, with the approval of the Town Council,
enter into a written consent agreement with the violator to address
timely abatement of the violation(s) of this chapter or of the post-construction
stormwater management plan for the purposes of eliminating violations
of this chapter or of the post-construction stormwater management
plan and of recovering fines, costs and fees without court action.
D. Any person receiving a notice of violation or suspension notice may appeal the determination of the Code Enforcement Officer to the Board of Appeals in accordance with the provisions of §
140-76 of the Town's Zoning Ordinance.
E. If the violation has not been corrected pursuant to the requirements
set forth in the notice of violation, or, in the event of an appeal
to the Board of Appeals, within 45 days of a decision of the Board
of Appeals affirming the Code Enforcement Officer's decision, then
the Code Enforcement Officer may recommend to the municipal officers
that the municipality's attorney file an enforcement action in a Maine
court of competent jurisdiction under Rule 80K of the Maine Rules
of Civil Procedure.
The provisions of this chapter are hereby declared to be severable.
If any provision, clause, sentence, or paragraph of this chapter or
the application thereof to any person, establishment, or circumstances
shall be held invalid, such invalidity shall not affect the other
provisions, clauses, sentences, or paragraphs or application of this
chapter.
[Amended 5-9-2023]
The Town of South Berwick enacts this Post-Construction Stormwater
Management Control Ordinance (the chapter) pursuant to 30-A M.R.S.A.
§ 3001 (municipal home rule ordinance authority), 38 M.R.S.A.
§ 413 (the Wastewater Discharge Law), 33 U.S.C. § 1251
et seq. (the Clean Water Act), and 40 CFR Part 122 [U.S. Environmental
Protection Agency's regulations governing the National Pollutant
Discharge Elimination System (NPDES)]. The Maine Department of Environmental
Protection, through its promulgation of the General Permit for the
Discharge of Stormwater from Small Municipal Separate Storm Sewer
Systems, has listed the Town of South Berwick as having a regulated
small municipal separate storm sewer system (small MS4); under this
general permit, listing as a regulated small MS4 necessitates enactment
of this chapter as part of the Town's stormwater management program
in order to satisfy the post-construction minimum control measures
required by the general permit.