[HISTORY: Adopted by the City Council of
the City of Bangor 7-25-2005 by Ord. No. 05-239. Amendments noted where applicable.]
A.Â
Purpose. The purpose of this chapter is to provide
for the health, safety, and general welfare of the citizens of the
City of Bangor through the regulation of non-stormwater discharges
to the municipality's storm drainage system as required by federal
and state law. This chapter 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.Â
Objectives. The objectives of this chapter are:
For the purposes of this chapter, the terms
listed below are defined as follows:
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.
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.
The person(s) or department authorized under § 197-4 to administer and enforce this chapter.
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 non-stormwater discharge permitted under
a NPDES permit, waiver, or waste discharge license or order issued
to the discharger and administered under the authority of the U.S.
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).
The City of Bangor.
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.
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, quasi-municipal
corporation, state agency or federal agency or other legal entity
which creates, initiates, originates or maintains a discharge of stormwater
or a non-stormwater 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 municipality 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" dated June 3, 2003 ("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,
prisons, Maine Department of Transportation and Maine Turnpike Authority
road systems and facilities, and military bases and facilities.
The municipality's regulated small MS4.
Any stormwater runoff, snowmelt runoff, and surface runoff
and drainage; "stormwater" has the same meaning as "storm water."
The areas of the State of Maine so defined by the latest
decennial (2000) census by the U.S. Bureau of the Census.
This chapter shall apply to all persons discharging
stormwater and/or non-stormwater discharges from any premises into
the storm drainage system.
The City Engineer, or their designee, is the
enforcement authority who shall administer, implement, and enforce
the provisions of this chapter.
A.Â
General prohibition. Except as allowed or exempted
herein, no person shall create, initiate, originate or maintain a
non-stormwater discharge to the storm drainage system. Such non-stormwater
discharges are prohibited notwithstanding the fact that the municipality
may have approved the connections, drains or conveyances by which
a person discharges unallowed non-stormwater discharges to the storm
drainage system.
B.Â
Allowed non-stormwater discharges. The creation, initiation,
origination and maintenance of the following non-stormwater discharges
to the storm drainage system are allowed:
(1)Â
Landscape irrigation; diverted stream flows; rising
ground waters; uncontaminated groundwater infiltration [as defined
at 40 CFR 35.2005(20)]; uncontaminated pumped groundwater; uncontaminated
flows from foundation drains; air conditioning and compressor condensate;
irrigation water; flows from uncontaminated springs; uncontaminated
water from crawl space pumps; uncontaminated flows from footing drains;
lawn watering runoff; flows from riparian habitats and wetlands; 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); hydrant flushing and fire-fighting activity
runoff; water line flushing and discharges from potable water sources;
and individual residential car washing;
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)Â
Discharges specified in writing by the enforcement
authority as being necessary to protect public health and safety;
and
(3)Â
Dye testing, with verbal notification to the enforcement
authority prior to the time of the test.
C.Â
Exempt person or discharge. This chapter shall not
apply to an exempt person or discharge, except that the enforcement
authority 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 enforcement authority 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 non-stormwater 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 non-stormwater discharge to the
storm drainage system. If the person fails to comply with a suspension
order issued in an emergency, the enforcement authority 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 enforcement authority may enter upon
the premises that are the source of the actual or threatened non-stormwater
discharge to the storm drainage system only with the consent of the
premises' owner, occupant or agent.
In order to determine compliance with this chapter,
the enforcement authority may enter upon and inspect premises subject
to this chapter 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 chapter. Whenever the enforcement authority believes that
a person has violated this chapter, the enforcement authority may
enforce this chapter in accordance with 30-A M.R.S.A. § 4452.
A.Â
Notice of violation.
(1)Â
Whenever the enforcement authority believes that a
person has violated this chapter, the enforcement authority may order
compliance with this chapter 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:
(2)Â
At the person's expense, the abatement or remediation
(in accordance with best management practices in DEP rules and regulations)
of non-stormwater discharges to the storm drainage system and the
restoration of any affected property; and/or
(a)Â
The payment of fines, of the municipality's
remediation costs and of the municipality's reasonable administrative
costs and attorneys' fees and costs.
(3)Â
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.Â
Penalties; fines; injunctive relief. Any person who
violates this chapter 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 chapter 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 municipality
for violation of federal and state environmental laws and regulations
caused by or related to that person's violation of this chapter; this
responsibility shall be in addition to any penalties, fines or injunctive
relief imposed under this section.
C.Â
Consent agreement. The enforcement authority may,
with the approval of the City Council, enter into a written consent
agreement with the violator to address timely abatement of the violation(s)
of this chapter for the purposes of eliminating violations of this
chapter and of recovering fines, costs and fees without court action.
D.Â
Appeal of notice of violation. Any person receiving a notice of violation or suspension notice may appeal the determination of the enforcement authority to the Board of Appeals in accordance with the Chapter 23, Article 1. 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 enforcement authority. A suspension under § 197-6 remains in place unless or until lifted by the Board of Appeals or by a reviewing court. 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.Â
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
enforcement authority's decision, then the enforcement authority may
recommend to the City Council 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.
F.Â
Ultimate responsibility of discharger. The standards
set forth herein are minimum standards; therefore this chapter 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. caused by said person. This
chapter shall not create liability on the part of the municipality,
or any officer, agent or employee thereof for any damages that result
from any person's reliance on this chapter or any administrative decision
lawfully made hereunder.
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.
The City of Bangor enacts this non-stormwater
discharge code (the "code") 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 Bangor 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 municipality's stormwater management
program.
