[Ord. of 8-13-2009]
The purpose of this Post-Construction Stormwater Management Monitoring Ordinance (this "Part") is to provide for the health, safety, and general welfare of the citizens of the City of Old Town ("City") through monitoring and enforcement of compliance with stormwater management plans in order to comply with minimum control measures and requirements of the Federal Clean Water Act, of federal regulations, and of the Maine Department of Environmental Protection's general permit for the discharge of stormwater from small municipal separate storm sewer systems ("general permit").
[Ord. of 8-13-2009]
This Part seeks to ensure that post-construction stormwater management plans are followed and stormwater management facilities are properly maintained and pose no threat to public safety.
[Ord. of 8-13-2009]
For the purposes of this Part, the terms listed below are defined as follows:
APPLICANT
A person with requisite right, title or interest, or an agent for such person, who has filed an application for new development or redevelopment that requires a stormwater management plan under this Part.
BEST MANAGEMENT PRACTICES ("BMP")
Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the state. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.
CLEAN WATER ACT
The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq., also known as the "Clean Water Act"), and any subsequent amendments thereto.
CONSTRUCTION ACTIVITY
Construction activity including one acre or more of disturbed area, or activity with less than one acre of total land area that is part of a subdivision, if the subdivision will ultimately disturb equal to or greater than one acre.
DISCHARGE
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.
DISTURBED AREA
All land areas that are stripped, graded, grubbed, filled or excavated at any time during the site preparation or removing vegetation for, or construction of, a project. Cutting of trees, without grubbing, stump removal, disturbance or exposure of soil, is not considered "disturbed area." "Disturbed area" does not include routine maintenance but does include redevelopment and new impervious areas. "Routine maintenance" is maintenance performed to maintain the original line and grade, hydraulic capacity, and original purpose of the facility. Paving impervious gravel surfaces while maintaining the original line and grade, hydraulic capacity and original purpose of the facility is considered routine maintenance.
MUNICIPAL PERMITTING AUTHORITY
The municipal official or body that has jurisdiction over the land use approval or permits required for a new development or redevelopment.
MUNICIPAL SEPARATE STORM SEWER SYSTEM or MS4
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, sewer or sewage district, fire district, state agency or federal agency or other public entity that discharges directly to surface waters of the state.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMIT
A permit issued by the U.S. Environmental Protection Agency ("EPA") or by the Maine Department of Environmental Protection ("DEP") that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general areawide basis.
NEW DEVELOPMENT
Any construction activity, as defined herein, on unimproved premises.
PERSON
Any individual, firm, homeowners' or property owners' association, corporation, municipality, quasi-municipal corporation, state agency or federal agency or other legal entity which creates, initiates, originates or maintains a discharge as defined by this Part.
POLLUTANT
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.
PREMISES
Any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips, located within the City, from which discharges into the municipal separate storm sewer system (MS4), as defined herein, are or may be created, initiated, originated or maintained.
QUALIFIED POST-CONSTRUCTION STORMWATER INSPECTOR
A person who conducts post-construction inspections of stormwater management facilities and meets the following qualifications:
(a) 
Has a working knowledge of Chapter 500, Stormwater Management Rules, and Maine's Stormwater Best Management Practices Manual; and
(b) 
Meets the following criteria or is on the Maine Department of Environmental Protection's list of approved post-construction stormwater best management practices inspectors: has a college degree in environmental science, landscape architecture, civil engineering, or comparable field, with demonstrated knowledge of stormwater hydrology and stormwater management techniques; or has successfully completed the requirements of a Maine Department of Environmental Protection training course on inspecting post-construction stormwater management facilities. Proprietary stormwater management facilities must be inspected by a person approved by the manufacturer.
REDEVELOPMENT
Construction activity, as defined herein, on premises already improved with buildings, structures or activities or uses, but does not include such activities as exterior remodeling.
REGULATED SMALL MS4
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.
SMALL MUNICIPAL SEPARATE STORM SEWER SYSTEM or SMALL MS4
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, prisons, Maine Department of Transportation and Maine Turnpike Authority road systems and facilities, and military bases and facilities.
STORMWATER
Any stormwater runoff, snowmelt runoff, and surface runoff and drainage; "stormwater" has the same meaning as "storm water."
STORMWATER MANAGEMENT FACILITIES
Without limitation, any parking areas, catch basins, drainage swales, detention basins and ponds, pipes and related structures and best management practices that are part of the stormwater management plan for a new development or redevelopment.
STORMWATER MANAGEMENT PLAN
Best management practices and stormwater management facilities employed by a new development or redevelopment to meet the stormwater standards of Chapter 18 and/or Chapter Z, Zoning, of the City's Code of Ordinances and approved by the municipal permitting authority.
[Ord. of 8-13-2009]
This Part applies to all new development and redevelopment within the City of Old Town that discharges stormwater to the municipal separate stormwater sewer system (MS4), whether by direct flow to the system or through the new development's or redevelopment's stormwater management facilities.
[Ord. of 8-13-2009]
(a) 
General requirement. Notwithstanding any ordinance provision to the contrary, no applicant for a building permit, subdivision approval, or site plan approval for new development or redevelopment to which this Part applies shall receive such permit or approval unless the municipal permitting authority approves, as part of a written approval of a building permit, subdivision application, or site plan application, a stormwater management plan, including a post-construction stormwater management monitoring program, that meets the terms of § 16-18.6 of this Part.
(b) 
Description of BMP Discharge to MS4. At the time of application for a building permit, subdivision approval, or site plan approval for new development or redevelopment to which this Part applies, the applicant shall show, as part of a stormwater management plan, all stormwater management facilities and BMP(s) that will discharge to the City's MS4. The stormwater management facilities and BMP(s) shall be clearly labeled and described, including all proposed dimensions and other information as may be required by the building permit, subdivision, or site plan application.
(c) 
As-Built Drawings. Within 60 days of the implementation of the stormwater facilities approved in the stormwater management plan, the permittee shall submit to the Code Enforcement Officer a scaled drawing depicting the exact locations, elevations, and dimensions of the stormwater management facilities as they were actually built or implemented.
[Ord. of 8-13-2009; Ord. of 3-20-2025]
(a) 
General requirements. Any person owning, operating, leasing or having control over stormwater management facilities required by a stormwater management plan approved under Chapter 18 and/or Chapter Z, Zoning, of the City's Code of Ordinances shall, following construction or implementation of the stormwater management facilities, monitor the stormwater management facilities as follows:
(1) 
That person, if that person is a qualified post-construction stormwater inspector, or a qualified post-construction stormwater inspector hired by that person, shall, at least annually, inspect the stormwater management facilities, including, but not limited to, any parking areas, catch basins, drainage swales, detention basins and ponds, pipes and related structures and best management practices, in accordance with all municipal and state inspection, cleaning and maintenance requirements of the approved stormwater management plan.
(2) 
If the stormwater management facilities require maintenance to function as intended by the approved stormwater management plan, that person shall take corrective action(s) to address the deficiency or deficiencies no later than 60 days following the date the deficiency was identified. If 60 days is not possible, then the permittee must established an expeditious schedule to complete the maintenance and establish a record of the deficiency and corrective action(s) taken.
(3) 
The qualified post-construction stormwater inspector shall, on or by May 1 of each year, provide a completed and signed certification to the Code Enforcement Officer, on a form provided by the City, certifying that he or she has inspected the stormwater management facilities and that they are adequately maintained and functioning as intended by the approved stormwater management plan or that they require maintenance or repair, describing any required maintenance and any deficiencies found during inspection of the stormwater management facilities; and if the stormwater management facilities require maintenance or repair, the person shall provide a record of the required maintenance or deficiency and corrective action(s) taken.
(b) 
Right of entry. In order to determine compliance with this Part and with the approved stormwater management plan, the Code Enforcement Officer may enter upon premises at reasonable hours to inspect the stormwater management facilities. A right of entry for this purpose shall be included as a condition of approval of any stormwater management plan required by § 16-18.5(a) of this Part.
(c) 
Annual report. Beginning September 1, 2009, and each year thereafter, the City shall include the following in the annual report to the Maine Department of Environmental Protection it must file under the general permit:
(1) 
The cumulative number of sites that have stormwater management facilities discharging into their MS4;
(2) 
A summary of the number of sites that have stormwater management facilities discharging into their MS4 that were reported to the municipality;
(3) 
The number of sites with documented functioning stormwater management facilities; and
(4) 
The number of sites that required routine maintenance or remedial action to ensure that stormwater management facilities are functioning as intended.
[Ord. of 8-13-2009]
It shall be a violation of this Part for any person to fail to comply with any of the requirements of this Part or of an approved stormwater management plan. Whenever the Code Enforcement Officer believes that a person has violated this Part or the approved stormwater management plan, the Code Enforcement Officer may enforce this Part 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 Part or the approved stormwater management plan, the Code Enforcement Officer may order compliance with this Part or with the approved 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 Part or of the approved 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 City's remediation costs and of the City'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) 
Penalties/fines/injunctive relief. Any person who violates this Part or the approved stormwater management plan shall be subject to fines, penalties and orders for injunctive relief and shall be responsible for the City's attorneys' 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 Part or the approved 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 City for violation of federal and state environmental laws and regulations caused by or related to that person's violation of this Part or of the approved stormwater management plan; this responsibility shall be in addition to any penalties, fines or injunctive relief imposed under this section.
(c) 
Consent agreement. 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 Part or of the approved stormwater management plan for the purposes of eliminating violations of this Part or of the approved stormwater management plan and of recovering fines, costs and fees without court action.
(d) 
Appeal of notice of violation. 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 Board of Appeals provisions in Chapter Z, Zoning, to the City's Code of Ordinances. The notice of appeal must be received within 30 days from the date of receipt of the notice of violation. The Board of Appeals shall hold a de novo hearing on the appeal within 30 days from the date of receipt of the notice of appeal. The Board of Appeals may affirm, reverse or modify the decision of the Code Enforcement Officer. A party aggrieved by the decision of the Board of Appeals may appeal that decision to the Maine Superior Court within 45 days of the date of the Board of Appeals decision pursuant to Rule 80B of the Maine Rules of Civil Procedure.
(e) 
Enforcement measures. 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 or the Code Enforcement Officer, if Rule-80K certified, file an enforcement action in a Maine court of competent jurisdiction under Rule 80K of the Maine Rules of Civil Procedure.
[Ord. of 8-13-2009]
The provisions of this Part are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this Part 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 Part.
[Ord. of 8-13-2009]
The City enacts this Part 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 City of Old Town 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 Part as part of the municipality's stormwater management program in order to satisfy the minimum control measures required by Part IVD5 ("post-construction stormwater management in new development and redevelopment").