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HomeMy WebLinkAbout2009-08-10 09-264 ORDINANCECOUNCIL ACTION Item No. 09-24 Date: 8-10-2009 Item/Subject: Ordinance, Enacting Chapter 268, Stormwater, of the Code of Ordinances, Requiring Stormwater System Inspection and Maintenance and Annual Reports, and Amending Chapter 165, Section 165-43, Stormwater Runoff Responsible Department: Legal Commentary: Structures designed to help alleviate the problems associated with stormwater are often required for development to occur. Once constructed, however, sometimes they are not maintained, diminishing their effectiveness or even causing flooding or other problems for neighboring landowners. Furthermore, the City of Bangor is required by its Municipal Separate Storm Sewer System (MS4) permit to ensure long term operation and maintenance of stormwater management structures. This new stormwater ordinance would require owners of stormwater management structures on newly -developed or redeveloped land, and of structures required by law, to inspect, maintain, and report on those structures. The ordinance is based on a model provided by the Maine Municipal Association. After enactment, the ordinance must be approved by the DEP. The City received a 60 -day extension from the original due date of June 30 in return for implementing a stop -gap ordinance. Those parts of the stop -gap ordinance supplanted by this new ordinance will be amended upon passage of the new ordinance. Department Head Manager's Comments: This has been reviewed and is recommended, as Amended, by the Infrastructure Committee. The amendments resulted from comments received from stakeholders and other City staff. To assist the Council, the changes in the amended version are indicated by striik"hrough underline. T wz/////�/I/�sL. manager Associated Information: Budget Approval: Finance Director Legal Approval: City Solicitor Introduced for Passage X First Reading Page _ of _ X Referral to Infrastructure Committee, 8-18-09 @ 5 p.m. 09-264 O�BA'�C S (As Amended) CITY OF BANGOR A4iED,fE �' �.• (TITLE.) Ordinance, Enacting Chapter 268, Stormwater, of the Code of Ordinances, Requiring Stormwater System Inspection and Maintenance and Annual Reports, and Amending Chapter 165, Section 165-43, Stormwater Runoff. future incidents of flooding to the extent reasonabity p=ible; and WHEREAS, the quality of the City`s urban streams has been questioned in the past by citizens of the City, such as when Birch Stream was receiving high levels of aircraft deicing fluid: and WHEREAS. 12racticesn r can be 12ut into place to alleviateh ff f stormwater on City properties and streams: and 1 . �a a • . M Lkrfl WHEREAS, these considerations, along with regulatory requirements, have prompted the City t in place an Qrdinance reguiring maintenance of structures n l2ractices that manage rmw r• BE IT ORDAINED BY THE CM COUNCIL OF THE CITY OF BANGOR THAT Chapter 268, Stormwater, is added to the Code of the City of Bangor as follows: ARTICLE I, Maintenance § 268-1. Purpose. The purpose of this Stormwater Maintenance Ordinance (the "Ordinance"} is to provide for the health, safety, and general welfare of the citizens of the City of Bangor (the "City`) and maintain and increase the quality of our natural resources through monitoring and enforcing compliance with maintenance procedures for stormwater management structures, plans, procedures, and practices. § 268-2.Objectives. This Ordinance seeks to ensure that stormwater management plans, procedures and practices are followed and stormwater management structures are properly maintained and pese V 9"-2'b 4 to safeguard the public and the City's natural resources to the maximum ext nt practicable. This Ordinance also -5c eks to �ns� ensures compliance with the po�t-c nstruction sWrmVAter management minimum ntrol measurg mguiene-ef regulatiens, and Maine's Small Municipal Separate Storm Sewer Systems General Permit, as well as the requirements of watershed management plans that address watersheds in the City. § 268-3. Definition. For the purposes of this Ordinance, 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 Post - Construction Stormwater Maintenance Plan under this Ordinance. BEST MANAGEMENT PRACTICES ("BMPs`) -- Stormwater Management Structures, and also all schedules of activities, prohibitions of practices, maintenance procedures, inspections, and other management practices designed to prevent or reduce the pollution of waters of the State. BMPs also include treatment requirements, operating procedures, and practices to control site runoff, spillage and leaks, and waste disposal. 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 -- Work or activity requiring a Site Plan to be completed. 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 -- Area which is cleared, graded or excavated. Mere cutting of trees, without grubbing, stump removal, or disturbance or exposure of soil, does not, by itself, create Disturbed Area. Routine maintenance does not, by itself, create Disturbed Area, but Redevelopment does. "Routine maintenance" is maintenance performed to maintain the original line and grade, hydraulic capacity, and original purpose of land or improvements thereon. ENFORCEMENT AUTHORITY -- The Code Enforcement Officer, the person(s) or department authorized by the Municipality to administer and enforce this Ordinance. MUNICIPALITY -- The City of Bangor. r r r ■! rr r r ■f •_ y • r iYl��\!��}ilarl7i��\itls!!�\►�1aiiJ ll\ �i�1!"1�r t•llll�ili�!-.i'-l�ii?n A 064 MUNICIPAL, SEPARATE STORM SEWER SYSTEM, or MS4 -- A system of conveyances for storm water, including, but not limited to, roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, swales, 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, 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 area -wide basis. NEW DEVELOPMENT -- Any Construction Activity on undeveloped Premises. PERSON -- Any individual, firm, corporation, association, municipality, quasi -municipal corporation, State agency, Federal agency, or other legal entity. POLLUTANT -- Dredged spoil, solid waste, junk, incinerator residue, sewage, refuse, effluent, garbage, sewage sludge, Vie, 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. POST -CONSTRUCTION STORMWATER MAINTENANCE PLAN -- The system of Best Management Practices employed by a New Development or Redevelopment to meet municipal, state, and/or federal stormwater requirements, including but not limited to subdivision, site plan, zoning, and planning requirements and ordinances, and which is approved by the Enforcement Authority. A Post -Construction Stormwater Maintenance Plan, once approved, runs with the land to which it applies. Once approved, a Post -Construction Stormwater Maintenance Plan may only be altered with the consent of the Enforcement Authority. PREMISES -- Any lot or parcel of land, whether irnpeued developed or unimpmyed undeveloped including adjacent sidewalks and parking strips, located within the Municipality from which Discharges are or may be created, initiated, originated or maintained. QUALIFIED POST -CONSTRUCTION STORMWATER INSPECTOR -- A person who conducts post - construction inspections of Stormwater Management Structures and meets the following qualifications: A. The inspector shall have a working knowledge of Chapter 500, Stormwater Management Rules, and Maine's Stormwater BMP Manual, and B. A Qualified Post -Construction Stormwater Inspector shall be on the DEP`s list of approved Post -Construction Stormwater BMP Inspectors, or else shall meet at least one of the following criteria: A ;-6 (1) If inspecting a non-proprietary Stormwater Management Structure, the inspector must: (a) Have a college degree in environmental or civil engineering and be a professional engineer with at least three years of experience designing, evaluating, and/or inspecting Stormwater management Structures; or (b) Have a college degree in an environmental science or civil engineering, or comparable expertise, and have demonstrated a practical knowledge of stormwater hydrology and stormwater management techniques, including the maintenance requirements for Stormwater Management Structures, and have the ability to determine if Stormwater Management Structures are performing as intended, and have two professional references; or (c) Have successfully completed the requirements of a DEP training course on inspecting post -construction Stormwater Management Structures. (2) If inspecting a proprietary Stormwater Management Structure, the inspector must be approved by the manufacturer of that Stormwater Management Structure. REDEVELOPMENT -- Construction Activity on Premises already impreved developgd with buildings, structures or activities or uses, but does not include activity which requires no permit from a City department or change to a site plan. REGULATED SMALL MS4 -- Any Small MS4 regulated by a 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, colleges, universities, prisons, Maine Department of Transportation and Maine Turnpike Authority road systems and facilities, and military bases and facilities. STORMWATER -- Any storm runoff, snowmelt runoff, and surface runoff and drainage; "Stormwater" has the same meaning as "Storm Water." STORMWATER MANAGEMENT STRUCTURES -- Any catch basins, drainage swales, detention basins and ponds, pipes, ditches, channels, and related structures, the purpose of which is to improve water quality or manage the release of stormwater from the Premises. URBANIZED AREA ("UA") -- The area of the City of Bangor so defined by the latest decennial census of the U.S. Bureau of the Census. u9 264 § 268-4. Applicability. This Ordinance applies to all new Best Management Practices associated with New Development or Redevelopment within the Municipality, as well as all existing Best Management Practices that were required to be put in place by state law or City ordinance. § 268-5. Maintenance of Stormwater Management Structures. Any Person owning Premises within the Municipality must provide for the monitoring and maintenance of any Stormwater Management Structures located thereon to which this Ordinance applies. This includes, but is not limited to, adhering to all relevant Best Management Practices required by the Municipality, whether by site plan approval, ordinance, or otherwise, and maintaining in good working order the Stormwater Management Structures, including those constructed voluntarily. § 268-6. Post -Construction Stormwater Maintenance Plan Approval. A. General Requirement. (1) Notwithstanding any ordinance provision to the contrary, no applicant for a Certificate of Occupancy for New Development or Redevelopment shall receive the Certificate unless the Applicant has received approval for its Post -Construction Stormwater Maintenance Plan and any Stormwater Management Structures included therein have been constructed. (2) Any Person owning Premises upon which are located existing Stormwater Management Structures required by state law or City ordinance must submit a Post - Construction Stormwater Maintenance Plan to the Enforcement Authority by ganaary December 31, 2010. The Enforcement Authority shall review the plan to ensure it meets all applicable requirements before approving the plan. The plan must be approved by March 1, 2010, or else the Person owning the Premises shall be considered in violation of this ordinance. B. Notice of Discharge to Municipality's MS4. (1) At the time of application for a building permit, subdivision approval, site plan approval or other zoning, planning or other land use approval for New Development or Redevelopment, the Applicant shall notify the Enforcement AuthorityMunieipal Permitting AutheFity if its Post -Construction Stormwater Management Plan will include any Stormwater Management Structures, shall include in this notification a listing of said Stormwater Management Structures, and shall note which if any will discharge to the Municipality's MS4. (2) By ganuary 1 December 31, 2010, Premises with existing Stormwater Management Structures required by state law or City ordinance must notify the Enforcement Authority if any of those Stormwater Management Structures discharge to the 9 C)6. Municipality's MS4 and shall include in this notification a listing of which Stormwater Management Facilities so discharge . C. Required Provisions. A Post -Construction Stormwater Maintenance Plan must: (1) Include a list of all Stormwater Management Structures constructed on the Premises in question, along with as -built drawings of all such Structures. (2) Provide for the inspection, cleaning, and maintenance of all Stormwater Management Structures in accordance with all municipal and state requirements. (3) Provide for sufficient stormwater control and treatment to meet all local, state, and federal requirements for stormwater management. (4) Include Best Management Practices sufficient to keep the Premises in compliance with all local, State, and federal stormwater laws and requirements. (5) Include the name of the Person owning the Premises, contact information for that Person or their representative, and the name of and contact information for the individual or entity responsible for conducting inspections of the Stormwater Management Structures. § 268-7. Post -Construction Stormwater Maintenance Plan Compliance. A. General Requirements. (1) Any Person owning, operating, leasing, or having control over Premises for which a Post -Construction Stormwater Management Plan is required must perform those Best Management Practices outlined in that Post -Construction Stormwater Maintenance Plan. (2) Any Person owning, operating, leasing or having control over Stormwater Management Structures to which this Ordinance applies shall provide for the monitoring, maintenance, and certification of the Stormwater Management Structures as follows: (a) The Person or his designee shall, at least annually, inspect the Stormwater Management Structures in accordance with all municipal and state inspections, cleaning and maintenance requirements and any applicable Post -Construction Stormwater Maintenance Plan provisions; (b) A Qualified Post -Construction Stormwater Inspector shall, at least once every five years, inspect the Stormwater Management Structures in accordance with all municipal and state inspection, cleaning and maintenance requirements and any applicable Post -Construction Stormwater Maintenance Plan provisions; 9 264 (c) If the Stormwater Management Structures require maintenance and/or cleaning to function as intended, the Person shall take corrective action(s) to address any deficiencies; and (d) The Person or a Qualified Post -Construction Stormwater Inspector shall, on or by October 31 of each year, provide a completed and signed certification to the Enforcement Authority in a form provided by the Enforcement Authority for that purpose, certifying that the Person or Inspector has inspected the Stormwater Management Structures and that they are adequately maintained and functioning as intended by local and state law and any applicable Post -Construction Stormwater Management Plan or that they require maintenance or repair, and describing any required maintenance and any deficiencies found during inspection of the Stormwater Management Structures. If the Stormwater Management Structures require maintenance or repair of deficiencies in order to function as intended, 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 Ordinance and with the Post - Construction Stormwater Management Plan, the Enforcement Authority may enter upon the Premises at reasonable hours with the consent of the owner, occupant or agent to inspect the Stormwater Management Structures. Should the owner, occupant or agent refuse such consent, it shall be presumed that the Premises are not in compliance with this Ordinance or the Post -Construction Stormwater Maintenance Plan. § 268-8. Enforcement, A. It shall be unlawful for any Person to violate any provision of or to fail to comply with any of the requirements of this Ordinance or of their Post -Construction Stormwater Management Plan. Whenever the Enforcement Authority believes that a Person has violated this Ordinance or their Post -Construction Stormwater Management Plan, the Enforcement Authority may enforce this Ordinance in accordance with 30-A M.R.S.A. § 4452. B. Notice of Violation. (1) Whenever the Enforcement Authority believes that a Person has violated this Ordinance or their Post -Construction Stormwater Management Plan, the Enforcement Authority may order compliance with this Ordinance or with the Post -Construction 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 Ordinance or of the Post -Construction Stormwater Management Plan; (b) At the Person's expense, compliance with BMPs required by the Post - Construction Stormwater Management Plan, the repair of Stormwater Management Structures, and/or the restoration of any property as a result of the violation; and/or (c) The payment of fines, of the Municipality's remediation costs, and of the Municipality's reasonable administrative costs and attorneys' fees and costs. (2) If abatement of a violation, compliance with BMPs, repair of Stormwater Management Structures 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. C. Penalties/Fines/Injunctive Relief. Any Person who violates this Ordinance or their Post - Construction Stormwater Management Plan 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, excepting that monetary Penalties may be assessed on a Per -week rather than a per -day basis. . Moreover, any Person who violates this Ordinance or their Post -Construction 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 Municipality for violation of federal and State environmental laws and regulations caused by er-gelated that Person's violation of this Ordinance or of their Post - Construction Stormwater Management Plan; this responsibility shall be in addition to any penalties, fines, or injunctive relief imposed under this Section. D. Consent Agreement. The Enforcement Authority may enter into a written consent agreement with the violator to address timely abatement of the violation(s) of this Ordinance or of their Post -Construction Stormwater Management Plan for the purposes of eliminating violations of this Ordinance or of the Post -Construction Stormwater Management Plan and/or of recovering fines, costs and fees without court action. E. Appeal of Notice of Violation. Any Person receiving a Notice of Violation may appeal the determination of the Enforcement Authority to the Board of Appeals in accordance with the provisions of Section 165-11(A) of the Municipality's Land Use Ordinance. 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 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. F. 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 or modifying the Enforcement Authority's decision, then the Enforcement Authority may recommend 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. § 268-5. Severability. The provisions of this Ordinance are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this Ordinance 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 applications of this Ordinance. § 268-10. Basis. The City of Bangor enacts this "Stormwater Management Maintenance Ordinance" (the "Ordinance") pursuant to the following authorities: 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 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 an Ordinance as part of the Municipality's Storm Water Management Program in order to satisfy the minimum control measures required by Part IV H 5 ("Post - construction stormwater management in new development and redevelopment"). The version above reflects proposed amendments to the initial draft of the ordinance that was first read. Additions are unc rlinW, deletions strtrck thFeagh. BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT Chapter 165, Section 165-43 of the Code of Ordinances is hereby amended as follows: § 165.43. Stormwater runoff. A. All new construction and development shall be designed to minimize stormwater runoff from the site in excess of the natural predevelopment conditions. Where possible, existing natural runoff control features, such as berms, swales, terraces and wooded areas, shall be retained in order to reduce runoff and encourage infiltration of stormwaters. I'lle owner -or by the Gity an guly E • B. Stormwaterrunoffcontrolshall bemaintainedas necessary to ensure proper functioniniin accordanceNChapLeri of this Code.The • ai• pFeMde the Gede EnfeFeementOfflee with an annual Fepe doeumenting that the SRG5 The . a Additions are underlined, deletions stmek thFeugh. 9 6 Assigned to Councilor Blanchette pFs s August 10, 2009 CITY OF BANGOR AY ,ryrt3 , O q9 y ED, (TITLE.) Ordinance, Enacting Chapter 268, Stormwater, of the Code of Ordinances, Requiring Stormwater System Inspection and Maintenance and Annual Reports, and Amending Chapter 165, Section 165-43, Stormwater Runoff. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT Chapter 268, Stormwater, is added to the Code of the City of Bangor as follows: ARTICLE I. Maintenance § 268-1. Purpose. The purpose of this Stormwater Maintenance Ordinance (the "Ordinance") is to provide for the health, safety, and general welfare of the citizens of the City of Bangor (the "City") and maintain and increase the quality of our natural resources through monitoring and enforcing compliance with maintenance procedures for Stormwater management structures, plans, procedures, and practices. § 268-2. Objectives. This Ordinance seeks to ensure that stormwater management plans, procedures and practices are followed and stormwater management structures are properly maintained and pose no threat to public safety or the City's natural resources. This Ordinance also ensures compliance with one of several minimum control measures required by the federal Clean Water Act, federal regulations, and Maine's Small Municipal Separate Storm Sewer Systems General Permit, as well as the requirements of watershed management plans that address watersheds in the City. § 268-3. Definitions. For the purposes of this Ordinance, 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 Post - Construction Stormwater Maintenance Plan under this Ordinance. BEST MANAGEMENT PRACTICES ("BMPs") -- Stormwater Management Structures, and also all schedules of activities, prohibitions of practices, maintenance procedures, inspections, and other management practices designed to prevent or reduce the pollution of waters of the IN CITY COUNCIL Au st 10, 2009 F" st Reading City Clerk (TITLEJFnactiny- Chapter 268, Stormwater of the Code of Ordinances, Requiring Storm - IN CITY COUNCIL water. System Insvection and Maintenance and Motion Made and Seconded for Passage Motion Made and Seconded to Amend Annnad Rpnorts and Amending Chapter 165," by Substitution Passed Section 165-43, Stormwater Runoff Motion Made and Seconded for Passage as Amended Vote: 7-0 Councilors Voting Yes: Blanchette, Bronson, D'Errico, Gratwick, Hawes, Palmer & Wheeler Councilors Voting No: None Councilors Absent: Nealley & Stone Pass# As Amended ITY Clerk Assigned to Councilor` LA 6� State. BMPs also include treatment requirements, operating procedures, and practices to control site runoff, spillage and leaks, and waste disposal. 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 -- Work or activity requiring a Site Plan to be completed. 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 -- Area which is cleared, graded or excavated. Mere cutting of trees, without grubbing, stump removal, or disturbance or exposure of soil, does not, by itself, create Disturbed Area. Routine maintenance does not, by itself, create Disturbed Area, but Redevelopment does. "Routine maintenance" is maintenance performed to maintain the original line and grade, hydraulic capacity, and original purpose of land or improvements thereon. ENFORCEMENT AUTHORITY -- The Code Enforcement Officer, the person(s) or department authorized by the Municipality to administer and enforce this Ordinance. MUNICIPALITY -- The City of Bangor. MUNICIPAL PERMITTING AUTHORITY -- The City of Bangor's Planning Board. MUNICIPAL SEPARATE STORM SEWER SYSTEM, or MS4 -- A system of conveyances for storm water, including, but not limited to, roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, swales, 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, 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 area -wide basis. NEW DEVELOPMENT -- Any Construction Activity on undeveloped Premises. PERSON -- Any individual, firm, corporation, association, municipality, quasi -municipal corporation, State agency, Federal agency, or other legal entity. A 264 POLLUTANT -- Dredged spoil, solid waste, junk, incinerator residue, sewage, refuse, effluent, garbage, sewage sludge, residue, 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. POST -CONSTRUCTION STORMWATER MAINTENANCE PLAN -- The system of Best Management Practices employed by a New Development or Redevelopment to meet municipal, state, and/or federal stormwater requirements, including but not limited to subdivision, site plan, zoning, and planning requirements and ordinances, and which is approved by the Municipal Permitting Authority or Enforcement Authority. A Past -Construction Stormwater Maintenance Plan, once approved, runs with the land to which it applies. Once approved, a Post -Construction Stormwater Maintenance Plan may only be altered with the consent of the Municipal Permitting Authority or Enforcement Authority. PREMISES -- Any lot or parcel of land, whether improved or unimproved, including adjacent sidewalks and parking strips, located within the Municipality from which Discharges are or may be created, initiated, originated or maintained. QUALIFIED POST -CONSTRUCTION STORMWATER INSPECTOR -- A person who conducts post - construction inspections of Stormwater Management Structures and meets the following qualifications: A. The inspector shall have a working knowledge of Chapter 500, Stormwater Management Rules, and Maine's Stormwater BMP Manual, and B. A Qualified Post -Construction Stormwater Inspector shall be on the DEP's list of approved Post -Construction Stormwater BMP Inspectors, or else shall meet at least one of the following criteria: (1) If inspecting a non-proprietary Stormwater Management Structure, the inspector must: (a) Have a college degree in environmental or civil engineering and be a professional engineer with at least three years of experience designing, evaluating, and/or inspecting stormwater management Structures; or (b) Have a college degree in an environmental science or civil engineering, or comparable expertise, and have demonstrated a practical knowledge of stormwater hydrology and stormwater management techniques, including the maintenance requirements for Stormwater Management Structures, and have the ability to determine if Stormwater Management Structures are performing as intended, and have two professional references; or (c) Have successfully completed the requirements of a DEP training course on inspecting post -construction Stormwater Management Structures. A 264 (2) If inspecting a proprietary Stormwater Management Structure, the inspector must be approved by the manufacturer of that Stormwater Management Structure. REDEVELOPMENT -- Construction Activity on Premises already improved with buildings, structures or activities or uses, but does not include activity which requires no permit from a City department or change to a site plan. REGULATED SMALL MS4 -- Any Small MS4 regulated by a 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, colleges, universities, prisons, Maine Department of Transportation and Maine Turnpike Authority road systems and facilities, and military bases and facilities. STORMWATER -- Any storm runoff, snowmelt runoff, and surface runoff and drainage; "Stormwater" has the same meaning as "Storm Water." STORMWATER MANAGEMENT STRUCTURES -- Any catch basins, drainage swales, detention basins and ponds, pipes, ditches, channels, and related structures, the purpose of which is to improve water quality or manage the release of Stormwater from the Premises. URBANIZED AREA ("UA") -- The area of the City of Bangor so defined by the latest decennial census of the U.S. Bureau of the Census. § 268-4. Applicability. This Ordinance applies to all new Best Management Practices associated with New Development or Redevelopment within the Municipality, as well as all existing Best Management Practices that were required to be put in place by state law or City ordinance. § 268-5. Maintenance of Stormwater Management Structures. Any Person owning Premises within the Municipality must provide for the monitoring and maintenance of any Stormwater Management Structures located thereon to which this Ordinance applies. This includes, but is not limited to, adhering to all relevant Best Management Practices required by the Municipality, whether by site plan approval, ordinance, or otherwise, and maintaining in good working order the Stormwater Management Structures, including those constructed voluntarily. § 268-6. Post -Construction Stormwater Maintenance Plan Approval. A. General Requirement. 6Z (1) Notwithstanding any ordinance provision to the contrary, no Applicant for a Certificate of Occupancy for New Development or Redevelopment shall receive the Certificate unless the Applicant has received approval for its Post -Construction Stormwater Maintenance Plan and any Stormwater Management Structures included therein have been constructed. (2) Any Person owning Premises upon which are located existing Stormwater Management Structures required by state law or City ordinance must submit a Post - Construction Stormwater Maintenance Plan to the Enforcement Authority by January 1, 2020. The Enforcement Authority shall review the plan to ensure it meets all applicable requirements before approving the plan. The plan must be approved by March 1, 2010, or else the Person owning the Premises shall be considered in violation of this ordinance. B. Notice of Discharge to Municipality's MS4. (1) At the time of application for a building permit, subdivision approval, site plan approval or other zoning, planning or other land use approval for New Development or Redevelopment, the Applicant shall notify the Municipal Permitting Authority if its Post -Construction Stormwater Management Plan will include any Stormwater Management Structures, shall include in this notification a listing of said Stormwater Management Structures, and shall note which if any will discharge to the Municipality's MS4. (2) By January 1, 2010, Premises with existing Stormwater Management Structures required by state law or City ordinance must notify the Enforcement Authority if any of those Stormwater Management Structures discharge to the Municipality's MS4 and shall include in this notification a listing of which Stormwater Management Facilities so discharge . C. Required Provisions. A Post -Construction Stormwater Maintenance Plan must: (1) Include a list of all Stormwater Management Structures constructed on the Premises in question, along with as -built drawings of all such Structures. (2) Provide for the inspection, cleaning, and maintenance of all Stormwater Management Structures in accordance with all municipal and state requirements. (3) Provide for sufficient stormwater control and treatment to meet all local, state, and federal requirements for stormwater management. (4) Include Best Management Practices sufficient to keep the Premises in compliance with all local, state, and federal stormwater laws and requirements. (5) Include the name of the Person owning the Premises, contact information for that Person or their representative, and the name of and contact information for the �9 w64 individual or entity responsible for conducting inspections of the Stormwater Management Structures. § 268-7. Post -Construction Stormwater Maintenance Plan Compliance. A. General Requirements. (1) Any Person owning, operating, leasing, or having control over Premises for which a Post -Construction Stormwater Management Plan is required must perform those Best Management Practices outlined in that Post -Construction Stormwater Maintenance Plan. (2) Any Person owning, operating, leasing or having control over Stormwater Management Structures to which this Ordinance applies shall provide for the monitoring, maintenance, and certification of the Stormwater Management Structures as follows: (a) The Person or his designee shall, at least annually, inspect the Stormwater Management Structures in accordance with all municipal and state inspections, cleaning and maintenance requirements and any applicable Post -Construction Stormwater Maintenance Plan provisions; (b) A Qualified Post -Construction Stormwater Inspector shall, at least once every five years, inspect the Stormwater Management Structures in accordance with all municipal and state inspection, cleaning and maintenance requirements and any applicable Post -Construction Stormwater Maintenance Plan provisions; (c) If the Stormwater Management Structures require maintenance and/or cleaning to function as intended, the Person shall take corrective action(s) to address any deficiencies; and (d) The Person or a Qualified Post -Construction Stormwater Inspector shall, on or by October 31 of each year, provide a completed and signed certification to the Enforcement Authority in a form provided by the Enforcement Authority for that purpose, certifying that the Person or Inspector has inspected the Stormwater Management Structures and that they are adequately maintained and functioning as intended by local and state law and any applicable Post -Construction Stormwater Management Plan or that they require maintenance or repair, and describing any required maintenance and any deficiencies found during inspection of the Stormwater Management Structures. If the Stormwater Management Structures require maintenance or repair of deficiencies in order to function as intended, 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 Ordinance and with the Post - Construction Stormwater Management Plan, the Enforcement Authority may enter upon the Premises at reasonable hours with the consent of the owner, occupant or agent to inspect ' 9 6q the Stormwater Management Structures. Should the owner, occupant or agent refuse such consent, it shall be presumed that the Premises are not in compliance with this Ordinance or the Post -Construction Stormwater Maintenance Plan. § 268-8. Enforcement. A. It shall be unlawful for any Person to violate any provision of or to fail to comply with any of the requirements of this Ordinance or of their Post -Construction Stormwater Management Plan. Whenever the Enforcement Authority believes that a Person has violated this Ordinance or their Post -Construction Stormwater Management Plan, the Enforcement Authority may enforce this Ordinance in accordance with 30-A M.R.S.A. § 4452. B. Notice of Violation. (1) Whenever the Enforcement Authority believes that a Person has violated this Ordinance or their Post -Construction Stormwater Management Plan, the Enforcement Authority may order compliance with this Ordinance or with the Post -Construction 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 Ordinance or of the Post -Construction Stormwater Management Plan; (b) At the Person's expense, compliance with BMPs required by the Post - Construction Stormwater Management Plan, the repair of Stormwater Management Structures, and/or the restoration of any property as a result of the violation; and/or (e) The payment of fines, of the Municipality's remediation costs, and of the Municipality's reasonable administrative costs and attorneys' fees and costs. (2) If abatement of a violation, compliance with BMPs, repair of Stormwater Management Structures 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. C. Penalties/Fines/Injunctive Relief. Any Person who violates this Ordinance or their Post - Construction Stormwater Management Plan 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 Ordinance or their Post -Construction Stormwater Management Pian 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 59 264 regulations caused by or related to that Person's violation of this Ordinance or of their Post - Construction Stormwater Management Plan; this responsibility shall be in addition to any penalties, fines, or injunctive relief imposed under this Section. D. Consent Agreement. The Enforcement Authority may enter into a written consent agreement with the violator to address timely abatement of the violation(s) of this Ordinance or of their Post -Construction Stormwater Management Plan for the purposes of eliminating violations of this Ordinance or of the Post -Construction Stormwater Management Plan and/or of recovering fines, costs and fees without court action. E. Appeal of Notice of Violation. Any Person receiving a Notice of Violation may appeal the determination of the Enforcement Authority to the Board of Appeals in accordance with the provisions of Section 165-11(A) of the Municipality's Land Use Ordinance. 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 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. F. 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 or modifying the Enforcement Authority's decision, then the Enforcement Authority may recommend 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. § 268-9. Severability. The provisions of this Ordinance are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this Ordinance 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 applications of this Ordinance. § 268-10. Basis. The City of Bangor enacts this "Stormwater Management Maintenance Ordinance" (the "Ordinance's pursuant to 30-A M.R.S.A. § 3001 (municipal home rule ordinance authority), 38 M.R.S.A. § 413 (the "Wastewater Discharge Law'J, 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 Bangor as having a Regulated Small Municipal Separate Storm Sewer System ("Small MS4'J; under this General Permit, listing as a Regulated Small MS4 necessitates enactment of an Ordinance as part of the Municipality's Storm Water Management Program in order to satisfy �9 6r the minimum control measures required by Part IV H 5 ("Post -construction stormwater management in new development and redevelopment" }. BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT Chapter 165, Section 165-43 of the Code of Ordinances is hereby amended as follows: § 165-43. Stormwater runoff. A. All new construction and development shall be designed to minimize stormwater runoff from the site in excess of the natural predevelopment conditions. Where possible, existing natural runoff control features, such as berms, swales, terraces and wooded areas, shall be retained in order to reduce runoff and encourage infiltration of stormwaters. The-ewneF of issue.by the Gity on July 1, 2009 eF theFeafter must preyide the Gede Enfereement Office with -a maintenamee. Until sueh a plan is submitted, no Gertifleate ef Geeupaney shall B. Stormwater runoff control systems shall be maintained as necessary to ensure proper functioning in accordgnce with Chapter 268 of this Code. The ewneF eF epeFaWFef-a : : system and is part ef a eeMStFUdien p"eet ene aeFe eF qr-eateF, er part ef a eemmen plan ef develepment eFsale ene aere : - guly 1, 2099 pFey*de . ee with an annual repeftdecumenting that the i -S is adequately fnaintained and is funetiening as intended e :: ef eaeh year. if the • Additions are underlined, deletions struck thfeugh.