[Adopted 7-27-2009]
A.
The purpose of this article is to provide for the health, safety,
and general welfare of the citizens of the Town of Cumberland through
the regulation of nonstormwater discharges to the Town's storm drainage
system as required by federal and state law.
B.
This article establishes methods for controlling the introduction
of pollutants into the Town's storm drainage system in order to comply
with requirements of the Federal Clean Water Act and state law.
The objectives of this article are to:
This article shall apply to all persons discharging stormwater
and/or nonstormwater discharges from any premises into the storm drainage
system located within the urban area as depicted in Attachment A.[1]
[1]
Editor's Note: Attachment A is on file in the Town Clerk's
office.
The Town Manager or his/her designee is the Code Enforcement
Officer who shall administer, implement, and enforce the provisions
of this article.
For the purposes of this article, the terms listed below are
defined as follows:
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) and any subsequent amendments thereto.
Any spilling, leaking, pumping, pouring, emptying, dumping,
disposing or other addition of pollutants to waters of the state.
"Direct discharge" or "point source" means any discernible, confined
and discrete conveyance, including but not limited to any pipe, ditch,
channel, tunnel, conduit, well, discrete fissure, container, rolling
stock, concentrated animal feeding operation or vessel or other floating
craft from which pollutants are or may be discharged.
Any person who is subject to a multi-sector general permit
for industrial activities, a general permit for construction activity,
a general permit for the discharge of stormwater from the Maine Department
of Transportation and the Maine Turnpike Authority municipal separate
storm sewer systems, or a general permit for the discharge of stormwater
from state or federally owned authority municipal separate storm sewer
system facilities, and any nonstormwater discharge permitted under
a NPDES permit, waiver, or waste discharge license or order issued
to the discharger and administered under the authority of the United
States Environmental Protection Agency (EPA) or the Maine Department
of Environmental Protection (DEP).
Activity or activities subject to NPDES industrial permits
as defined in 40 CFR 122.26(b)(14).
Conveyances for stormwater, including but not limited to
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, human-made channels or storm drains (other than
publicly owned treatment works and combined sewers), owned or operated
by any municipality, town, sewer or sewage district, fire district,
state agency or federal agency or other public entity that discharge
directly to surface waters of the state.
A permit issued by the EPA or by the DEP that authorizes
the discharge of pollutants to waters of the United States, whether
the permit is applicable on an individual, group, or general area-wide
basis.
Any discharge to an MS4 that is not composed entirely of
stormwater.
Any individual, firm, corporation, municipality, town, quasi-municipal
corporation, state agency or federal agency or other legal entity
which creates, initiates, originates or maintains a discharge of stormwater
or a nonstormwater discharge.
Dredged spoil, solid waste, junk, incinerator residue, sewage,
refuse, effluent, garbage, sewage sludge, munitions, chemicals, biological
or radiological materials, oil, petroleum products or by-products,
heat, wrecked or discarded equipment, rock, sand, dirt and industrial,
municipal, domestic, commercial or agricultural wastes of any kind.
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips,
located within the Town from which discharges into the storm drainage
system are or may be created, initiated, originated or maintained.
Any small MS4 regulated by the State of Maine general permit
for the discharge of stormwater from small municipal separate storm
sewer systems (general permit), including all those located partially
or entirely within an urbanized area (UA) and those additional small
MS4s located outside a UA that as of the issuance of the general permit
have been designated by the DEP as regulated small MS4s.
Any MS4 that is not already covered by the Phase I MS4 Stormwater
Program, including municipally owned or operated storm sewer systems,
state or federally owned systems, such as colleges, universities,
or prisons, Maine Department of Transportation and Maine Turnpike
Authority road systems and facilities, and military bases and facilities.
The Town's municipal separate storm sewer system, including
the Town's regulated small MS4 and areas outside the Town's urbanized
area that drain into the regulated small MS4.
Any stormwater runoff, snowmelt runoff, and surface runoff
and drainage.
The Town of Cumberland.
The cumulative areas of the State of Maine so defined by
the 2000 and 2010 decennial censuses by the United States Bureau of
the Census.
[Amended 6-5-2023]
Except as allowed or exempted herein, no person shall create,
initiate, originate or maintain a nonstormwater discharge to the storm
drainage system. Such nonstormwater discharges are prohibited notwithstanding
the fact that the Town may have approved the connections, drains or
conveyances by which a person discharges unallowed nonstormwater discharges
to the storm drainage system.
[Amended 3-28-2016]
The creation, initiation, origination and maintenance of the
following nonstormwater discharges to the storm drainage system is
allowed, provided that the discharge does not cause a violation of
water quality criteria:
A.
Landscape irrigation;
B.
Diverted stream flows;
C.
Rising groundwaters;
D.
Uncontaminated groundwater infiltration [as defined at 40 CFR 35.2005(20)];
E.
Uncontaminated pumped groundwater;
F.
Uncontaminated flows from foundation drains;
G.
Air-conditioning and compressor condensate;
H.
Irrigation water;
I.
Flows from uncontaminated springs;
J.
Uncontaminated water from crawl space pumps;
K.
Uncontaminated flows from footing drains;
L.
Lawn watering runoff;
M.
Flows from riparian habitats and wetlands;
N.
Residual street wash water (where spills/leaks of toxic or hazardous
materials have not occurred, unless all spilled material has been
removed and detergents are not used);
O.
Hydrant flushing and firefighting and firefighting training activity
runoff;
P.
Waterline flushing and discharges from potable water sources;
Q.
Individual residential car washing;
R.
Dechlorinated swimming pool discharges;
S.
Discharges specified in writing by the Code Enforcement Officer as
being necessary to protect public health and safety; and
T.
Dye testing, with verbal notification to the Code Enforcement Officer
prior to the time of the test.
This article shall not apply to an exempt person or discharge,
except that the Code Enforcement Officer may request from exempt persons
and persons with exempt discharges copies of permits, notices of intent,
licenses and orders from the EPA or DEP that authorize the discharge(s).
A.
The Code Enforcement Officer may, without prior notice, physically
suspend discharge access to the storm drainage system to a person
when such suspension is necessary to stop an actual or threatened
nonstormwater discharge to the storm drainage system which presents
or may present imminent and substantial danger to the environment,
or to the health or welfare of persons, or to the storm drainage system,
or which may cause the Town to violate the terms of its environmental
permits. Such suspension may include, but is not limited to, blocking
pipes, constructing dams or taking other measures, on public ways
or public property, to physically block the discharge to prevent or
minimize nonstormwater discharges to the storm drainage system.
B.
If the person fails to comply with a suspension order issued in an
emergency, the Code Enforcement Officer may take such steps as deemed
necessary to prevent or minimize damage to the storm drainage system
or to minimize danger to persons; provided, however, that in taking
such steps the Code Enforcement Officer may enter upon the premises
that is the source of the actual or threatened nonstormwater discharge
to the storm drainage system only with the consent of the premises'
owner, occupant or agent.
In order to determine compliance with this article, the Code
Enforcement Officer may enter upon and inspect premises subject to
this article at reasonable hours with the consent of the premises'
owner, occupant or agent, to inspect the premises and connections
thereon to the storm drainage system and to conduct monitoring, sampling
and testing of the discharge to the storm drainage system.
It shall be unlawful for any person to violate any provision
of or to fail to comply with any of the requirements of this article.
Whenever the Code Enforcement Officer believes that a person has violated
this article, the Code Enforcement Officer may enforce this article
in accordance with 30-A M.R.S.A. § 4452.
Whenever the Code Enforcement Officer believes that a person
has violated this article, the Code Enforcement Officer may order
compliance with this article 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 elimination of nonstormwater discharges to the storm drainage
system within 60 days of the identification of the source, including
but not limited to disconnection of the premises from the MS4.
[Amended 6-5-2023]
B.
The cessation of discharges, practices, or operations in violation
of this article.
C.
At the person's expense, the abatement or remediation (in accordance
with best management practices in DEP rules and regulations) of nonstormwater
discharges to the storm drainage system and the restoration of any
affected property and/or the payment of fines, of the Town's remediation
costs and of the Town's reasonable administrative costs and attorney
fees and costs. If abatement of a violation and/or restoration of
affected property is required, the notice shall set forth a deadline
within which such abatement or restoration must be completed.
Any person who violates this article shall be subject to fines,
penalties and orders for injunctive relief and shall be responsible
for the Town's attorney fees and costs, all in accordance with 30-A
M.R.S.A. § 4452. Each day that such violation continues
shall constitute a separate violation. Moreover, any person who violates
this article also shall be responsible for any and all fines, penalties,
damages and costs, including but not limited to attorney 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 article; this responsibility shall be in addition to any penalties,
fines or injunctive relief imposed under this article.
The Code Enforcement Officer may, with the approval of the municipal
officers, enter into a written consent agreement with the violator
to address timely abatement of the violation(s) of this article for
the purposes of eliminating violations of this article and of recovering
fines, costs and fees without court action.
A.
Any person receiving a notice of violation or suspension notice may
appeal the determination of the Code Enforcement Officer to the Board
of Adjustment and Appeals. The notice of appeal must be received within
30 days from the date of receipt of the notice of violation.
B.
The Board of Adjustment and Appeals shall hold a hearing on the appeal
within 30 days from the date of receipt of the notice of appeal. The
Board of Adjustment and Appeals may affirm, reverse or modify the
decision of the Code Enforcement Officer.
A.
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 Adjustment and Appeals, within 45 days of a decision
of the Board of Adjustment and Appeals affirming or modifying the
Code Enforcement Officer's decision, then the Code Enforcement Officer
may recommend to the municipal officers that the Town's Attorney file
an enforcement action in a Maine court of competent jurisdiction under
Rule 80K of the Maine Rules of Civil Procedure.[1]
B.
Notwithstanding these requirements, in the event of an emergency
situation that presents an immediate threat to public health, safety
or welfare or that may result in damage to the Town's storm drainage
system, the Town may seek injunctive relief at any time after learning
of such emergency situation.
The standards set forth herein are minimum standards; therefore
this article does not intend or imply that compliance by any person
will ensure that there will be no contamination, pollution, or unauthorized
discharge of pollutants into waters of the United States caused by
said person. This article shall not create liability on the part of
the Town, or any officer, agent or employee thereof, for any damages
that result from any person's reliance on this article or any administrative
decision lawfully made hereunder.
The Town of Cumberland enacts this article 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 122 [the
United States 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 Cumberland 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 article as part of the Town's stormwater
management program.
