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.
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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
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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
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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.
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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:
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(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.
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§ 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;
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(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
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B. Stormwaterrunoffcontrolshall bemaintainedas necessary to ensure proper
functioniniin accordanceNChapLeri of this Code.The
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doeumenting that the SRG5
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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.
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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.
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(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
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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
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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
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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.