A. 
Purpose. The purpose of this Nonstormwater Discharge Article is to provide for the health, safety, and general welfare of the citizens of the City of Saco through the regulation of nonstormwater discharges to the municipality's storm drainage system as required by federal and state law. This article establishes methods for controlling the introduction of pollutants into the City's storm drainage system in order to comply with requirements of the federal Clean Water Act and state law.
B. 
Objectives. The objectives of this article are to:
(1) 
Prohibit unpermitted or unallowed nonstormwater discharges to the storm drainage system; and
(2) 
Set forth the legal authority and procedures to carry out all inspection, monitoring, and enforcement activities necessary to ensure compliance with this article.
This article shall apply to all persons discharging stormwater and/or nonstormwater discharges from any premises into the storm drainage system.
A. 
General prohibition. 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 municipality may have approved the connections, drains or conveyances by which a person discharges unallowed nonstormwater discharges to the storm drainage system.
B. 
Allowed nonstormwater discharges. The creation, initiation, origination, or maintenance of the following nonstormwater discharges to the storm drainage system is allowed:
(1) 
Landscape irrigation;
(2) 
Diverted stream flows;
(3) 
Rising groundwaters;
(4) 
Uncontaminated groundwater infiltration [as defined in 40 CFR 35.2005(20)];
(5) 
Uncontaminated pumped groundwater;
(6) 
Uncontaminated flows from foundation drains;
(7) 
Air conditioning and compressor condensate;
(8) 
Irrigation water;
(9) 
Flows from uncontaminated springs;
(10) 
Uncontaminated water from crawl space pumps;
(11) 
Uncontaminated flows from footing drains;
(12) 
Lawn watering runoff;
(13) 
Flows from riparian habitats and wetlands;
(14) 
Residual street wash water (where spills/leaks of toxic or hazardous materials have not occurred, unless all spilled materials have been removed and detergents are not used);
(15) 
Hydrant flushing and firefighting activity runoff;
(16) 
Water line flushing and discharges from potable water sources;
(17) 
Individual residential car washing;
(18) 
Dechlorinated swimming pool discharges;
(19) 
Discharges specified in writing by the Public Works Director or designee as being necessary to protect public health and safety; and
(20) 
Dye testing, with verbal notification to the Public Works Director or designee prior to the time of the test.
C. 
Exempt person or discharge. This article shall not apply to an exempt person or discharge, except that the Public Works Director or designee 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).
The Public Works Director or designee 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 municipality 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 a nonstormwater discharge to the storm drainage system. If the person fails to comply with a suspension order issued in an emergency, the Public Works Director or designee 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 Public Works Director or designee may only enter upon the premises that is the source of the actual or threatened nonstormwater discharge to the storm drainage system with the consent of the premises' owner, occupant, or agent.
In order to determine compliance with this article, the Public Works Director or designee 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 fail to comply with any of the requirements of this article. Whenever the Public Works Director or designee believes that a person has violated this article, the Public Works Director or designee may enforce this article, in accordance with 30-A M.R.S.A. § 4452.
A. 
Notice of violation.
(1) 
Whenever the Public Works Director or designee believes that a person has violated this article, the Public Works Director or designee 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;
(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 BMPs in DEP rules and regulations) of nonstormwater discharges to the storm drainage system and the restoration of any affected property; and/or
(d) 
The payment of fines, of the municipality's remediation costs of the municipality's reasonable administrative costs and attorneys' fees and costs.
(2) 
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.
B. 
Penalties; fines; injunctive relief. Any person who violates this article shall be subject to fines, penalties and orders for injunctive relief and shall be responsible for the municipality'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 article also shall be responsible for any and all fines, penalties, damages and costs, including, but not limited to, attorney's fees and costs, incurred by the municipality 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 section.
C. 
Consent agreement. The Public Works Director or designee 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 purpose of eliminating violations of this article 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 request reconsideration by the City Administrator within 30 days. Following reconsideration by the City Administrator or designee, any person may appeal the decision of the City Administrator or designee to Superior Court in accordance with Maine Rules of Civil Procedure Rule 80B.
E. 
Enforcement measures. If the violation has not been corrected to the requirements set forth in the notice of violation, or, in the event of an appeal, within 45 days of the decision of the City Administrator upholding the decision of the Public Works Director or designee, then the Public Works Director or designee may enforce this article in accordance with 30-A M.R.S.A. § 4452.
F. 
Ultimate responsibility of discharger. The standards set forth herein are minimum standards; therefore this article does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants into waters of the U.S. cause by said person. This article shall not create liability on the part of the municipality, or any 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 City of Saco enacts this Nonstormwater Discharge Article ("the 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 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, dated June 3, 2003, has listed the City of Saco 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 municipality's stormwater management program.