This article shall apply to all persons discharging stormwater
and/or nonstormwater discharges from any premises into the storm drainage
system.
The Public Works Director or designee shall administer, implement,
and enforce the provisions of this article.
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.