HomeMy WebLinkAbout2005-07-11 05-239 ORDINANCEItem No. 05-239
Date: 7-11-03
item/Subject Ordinance, Enacting New Chapter 197, Non -Storm Water Discharge, to Regulate
Discharges into the Storm Drainage System.
Responsible Department:
The purpose of this ordinance is to establish a method for controlling the introduction of Pollutants into
the City's Storm Dra mige System. It is required in order to comply with federal and state law (38
M.R.S.A. § 913, the "Wastewater Discharge law", 33 U.S.C. § 1251 et seq., the "Clean Water Act", and
Q CFR Part 122, U.S. Environmental Protection Agenc/s regulations governing the National Pollutant
Discharge Elimination System CNPDES")) and by the Citys Regulated Small Municipal Separate Storm
Sewer System ("Small MS-) license.
Department Head
Manager's Comments:
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C�� city Manager
Associated Information:
bf#k�c -
Legal Approval:
Finance Director
H
Introduced for
Passage
X First Reading Page _ of
Referral
_ WAsgigned to Councilor Gratvick July 11. 2W5
CITY OF BANGOR
(TITLE.) Ordinance, Enacting New.Chapter 197, Non -Storm Water Discharge, to Regulate
Discharges into the Storm Drainage System.
That a new Chapter 197 amitle i'Non-Storm Water Discharge' be enacted as follows:
§ 197-1. Pursbse/Objectives.
A. Purpose. The purpose of this Chapter in to provide for the health, safety, and general
welfine of fire citizens of the City of Bangor through the regulation of Non -Stone
Water Discharges to the Municipality's Storm Drainage System as required by federal
and State law. This Chapter establishes methods for controlling the introduction of
Pollutants into the City's Storm Drainage System in order to comply wida
requirements of the federal Clean Water Act and State law.
B. Objectives. The objectives of this Chapter are:
1. To prohibit unpermi med or unallowed Non -Storm Water Discharges to the
Strom Drainage System: and
2. To set forth the legal authority and procedures to carry out of inspection,
monitoring end enforcement acfivities necessary to ensure compliance with
this Chapter.
§ 197-2. Definitions.
For the purposes of this Chapter, the terms listed below son deemed as follows:
CLEAN WATER ACT. 'Clean Water AcC means the federal Water Pollution Control Act (33
U.S.C. § 1251 et seq., also known aer the'Clean Water Act%, and any subsequent
amendments thereto.
DISCHARGE. Mischarge means any spilling, leaking, pumping, pouring, emptying,
dumping, disposing or other addition of Pollutants to ry atess of the State- °Direct
discharge or 'point source means any discernible, confined and discrete conveyance,
including, but not handled to, any pipe, ditch, chamel, tunnel, conduit, well, discrete
fissure, container, rolling stock, concentrated animal feeding operation or vessel or other
❑sating craft, from which Pollutants are m may be discharged.
ENFORCEMENT AOTHORN'y.-Eningesment Authority- means the person(s) or
department authorized under 111974 to administer and enforce this Chapter.
IN CITY C(MCIL
July 11, 2005
Pixar ending
xY CL
ID CITY CODNCIL
Jvly 25, 2005
Notion Dade aaa seconded
for Passage
vote: 9-0
Councilors vottag yes:
Allem, Casheell. D'Errica,..
Farrington, Cmtarlck,
Greene. Eaves, Steen, ,
Tremble
Pae RL
TY CMRK
C 05-239
0RDIDAI Cg
L.) Eosctfng Dear Chapter 197. Dom -Stam
YaCei ige, s es into
the storneDxaimage system
Aseigmed to Councilor Gu,"
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EXEMPT PERSON OR DISCHARGE.-Eaempt Person m Discharge means now Person
who is subject to a Multi -Sector General Permit for Industrial Activities, a General Permit
for Constructi® Activity, a General Permit for the DuCharge of 8imera ater from the
Maine Department of'Ikanspurtetiov and the Maine Turnpike Authority Municipal
Se; amte Storm Sewer Systems, or a General Permit fm the Discharge of Slonromer been
State or Federally Owned Authority Municipal Separate Storm Sewer System Facilities;
and any Non -Storm Water Discharge permitted under a NPDES pound, waiver, or ornate
discharge license or order issued to the discharger and administered under the authority
of rhe U.S. Environmental Protection Agency rEl? ") or the Maine Department of
Environmental Rrotecffon ('DEP-1.
INDUSTRIAL AC TNI 'Industrial Activity' mems activity or activities subject to "DES
Industrial Permits as defined N 40 CFR, Section 122.26 (6)(14).
MUNICIPALITY. 'Municipality" means the City of Sinaloa.
MUNICIPAL SEPARATE STORM SEWER SYSTEM, or MS4.' rmdpal Separate Storm
Sewer System^ or 'MS4,' means conveyances for storm water, includin& but not limited
to, roads with drvnage apdones, municipal streets, atch basins, curbs, gutters, ditches,
human -made channels or storm drains (other than publicly owned imtmm[ works and
combined sewers) owned or operated by any murdcipality, sewer or sewage disrria, fire
district. State agency or Federal agency or other public amity that discharges dnectly to
surface waters of the State.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORM WATER
DISCItARGE PERMIT.'National Pollutant Discharge Elimination ation System (NPDES) Storm
Water Discharge Ferran" means a permit issued by the EPA or by the DEP that
authorises the diathmge of pollutants to waters of the United States, whether the permit
is applicable an an individual, group, or general area -wide basis.
NON -STORM WATER DISCHARGE.'Non-Storm Water Discharge' means any Discharge
to an MS4 that is not composed entirely of Storm Water.
PERSON. Verson" means any individual, firm, confutation, municipality, quasi-
urdcipal corpomdan, State agency or Federal agency or other legal entity which creates,
initiates, originates or maintains a Discharge of Stone Water or a Non-Stmm Water
Discharge.
POLLUTANT.'Pollutarre means dredged spoil, solid waste, junk, incinerator residue,
sewage, refuse, effluent, garbage, sewage sludge, mumu ns, chemicals, biological or
radiological materiels, oil, petroleum products or by-products, hat, wrecked or discarded
equipment, rock, sand, dirt and industrial, municipal, domestic, commercial or
agricultural wastes of any kind.
PREMISES. 'Pensee means any budding, lot, parW of land, or portion of land,
whether improved or unimproved, including adjacent sidewalks and perking strips,
located within the Municipality from which Discharges into the Storm Drainage System
are or may be created, initiated, originated or m ontained.
REGULATED SMALL MS4. 'Regulated Small MSV means any Small MS4 regulated by
the State of Maine'Geneml N mit for the Discharge of Ston ewater from Small Municipal
Separate Stonm Sewer Systeme' dated June 3, 2003 ('General Permit'(, including all
those loaned partially or entirely within an Urbanized Area (UA) and thou additional
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Small MS4s located outside a UA that as of the issuance athe General Permit have been
designated by the DEP as Regulated Small M54s.
SMALL MUNICIPAL SEPARATE STORM SEWER SYSTEM, or SMALL MS4. 'Small
Municipal Separate Storm Sewer System', or 'Small MSC, means any MS4 that is not
already covered by the Phase I MS4 amrmamer program including muskidlu ly owned or
operated storm sewer systems, State or federally -owned systema, such as colleges,
universities, prisons, Maine Department of'hansportetien and Maine Turnpike Authority
road systems and t cilhes, and military bases and t cilities.
STORM DRAINAGE SYSTEM. •Storm Drainage System' means the Murdcipality's
Regulated Small MS4.
STORM WATER 'Morris Water" means any Storm Water runoff, anowmelt tonsil, and
surface runoff and draumge;'Storairmer* has the same meaning as'Smrm Water.'
URBANIZED AREA ('UA'). 'Urbanized Area' or 'UA' means the areas of the State of
Maine so defined by the latest decennlal(2000) census by the U.S. Bureau of the Census.
§ 19.1-3. Applicability.
This Chapter abell apply to all Peraons discharging Mom Water and/or Non -Storm Water
Discharges from any Premises into the Storm Dramage System.
§ 197-4. Responsibility for Adminiso-ation.
The City Engineer, or We or her designee, is the Ent ent Authority who shag
administer, unplement, and eofome the provisions of this Chapter.
§ 197-5. Prohibition of Non -Storm Water Discharges,
A. General Prohibition. Except as allowed or exempted herein, no Person shall create,
boilers, originate or maintain a Non -Storm Water Discharge to the Storm Drainage
System. Such Non -Storm Water Discharges are prohibited notwithstanding the fact
that the Municipality may have approved the connections, drains w conveyances by
which a Person Discharges unallowed Non -Storm Water Discharges to the Storm
Drainage System.
B. Allowed Non -Storm Water Discharges. The creation, initiation, ongination and
aintenance of the following Non -Storm Water Discharges to the Stonn Drainage
System is allowed.
1. Landscape irrigation; diverted stream flows; rising ground waters;
uncontaminated ground water migration (as defined at 40 CFR 35.2005120);
uncontaminated pumped ground water; uncontaminated flows from foundation
drains; air conditioning and compressor condenome; irrigation water; flows
from uncontaminated springs; uncontaminated water from crawl apace pumps;
uncontaminated flows from footing drains; lawn watering runoff; flows from
riparian habitats and wetlands; residual street wash water (where spills/leaks
of toxic or hazardous materials have not occurred, unless ell spilled material
has been removed and detergents are not used(; hydrant flushing and fire
fighting activity runoff; water line flushing and discharges from potable water
sources; and individual residential car washing;
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2. Discharges specified in writing by the Enforcement Authority as being
necessary to protect public health end safety; and
3. Dye testing, with verbal notification to the Enforcement Authority Prior W the
time of the test.
C. Exempt Person or Discharge. This Chapter shall not apply to an Exempt Person or
Discharge, except that the Enforcement Authority may request from Exempt Persons
and Persons with Exempt Discharges copies of permits, notices of intent, licenses and
orders from the EPA or DEP that authorize the Dischargelsi
§ 197-a Suspenema of Access to the Mumdpahty" Small MS4.
The Enforcement Authority may, without prior notice, physically suspend Discharge access
W the Storm Drainage System m a person when such suspension is necessary to stop en
actual or threatened Non -Storm Water Discharge m the Storm Dreinege System which
presents or may present imminent and substantial danger to the emeromrenq or to the
health or welfare of persons, or to the Sham Drainage System, or which may Cause the
Municipality to violate the terms Mits a iviroementel permits. Such suspension may
include, but is not limited m, Mocking pipes, constructing dams or miring other measures,
an public ways or public property, to physfcelfy block the Discharge w prevent or minimise a
Non -Storm Water Diacharges to the Storm Drainage System. NUse Person fade to comply
with a suspension order issued in an emergency, the Enforcement Authority may, take such
steps as deemed necessary to prevent or'minimize damage to the Storm Drainage System, w
to minimise danger to persona, provided, however, that in taking such steps the
Enforcement Authority may enter upon the Remises that are the source of the actual or
threatened Non -Storm Water Discharge to the Strom Drainage System only with the consent
of the Premises' ovmer, occupant or agent.
§ 197-7. Monitoring of Discharges.
to order to determine compliance with this Chapter, the Enforcement Authonty may, enter
upon and iospttt Premises subject to thin Chapter at reasonable hours with the consent of
the Premises'ovmer, occupant w agent: to inspect the Promises end connections thereon to
the Storm Drainage System; and to conduct monitoring, sampling and testing of the
Discharge to the Storm Drainage System.
§ 197-8. Enforcement.
It shell be unlawful for eny Person to violate any, provksion of Or to mil to comply with any of
the requirements of this Chapter. Whenever the Erdorcement Authority believes that a
Person has violated this Chapter, the Enforcement Authority may mtorce this CbrPter in
accordance with 3 A M.RS.A. § 4452.
A. Notice of Violation. Whenever the Enforcement Authority believes that a Person has
violated this Chapter, the Enforcement Authority may order compliance with this
Chapter by written notice of violation to that person indicating the nature of the
violation and ordering the action necessary to correct it, including, without limitation:
1. The elimination of Non -Storm Water Discharges to the Storm Drainage System,
including, but not limited to, disconnection 4the Premises from the MS4
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2. The cess mon of discharges, practices, or operations in violadon of this
Chapter;
3. At the Person's expense, the abatement or remediation (in accordance with best
management practices in DEP rules and regulations( allon-Storm Water
Discharges to the Storm Drainage System and the reatoradon of any affected
property; and/or
4. The payment of fines, of the Municipality's remediation coats and of the
Murdcipetity's reasonable administrative coats and attorneys' feea and posts.
If abatement of a violation and/or restoration of affected property is required, the
notice shall set forth a deadline within which such abatement or restoration must be
completed.
B. Penaltlee/Finer/Injunctive Relief. Any Person who violates this Chapter shall be
subject to fines, penalties and orders for injunctive refief and shaft be responsible for
the Municipality's attorney's fees and coats, an 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 dda Chapter Was shall be responsible for any and
all from, penalties, damages end costa, including, but not limited to attomeys'fees
and costa, incurred by the Municipality for violation of federal and State
environmental laws and regulations caused by or related to that Person's violation of
this Chapter; this responsibility shall be in addition to any per les, linea or
injunctive relief imposed under this Sudden,
C. Consent Agreement The Enforcement Authority may, with the approval of the City
Council, inter into a written consent agreement with the violator to address timely
abatement of the violation(a) of this Chapter for the purposes of efimirmdng violations
of this Chapter and of recovering linea, poste and fees without court action.
D. Appeal of Notice of Violation. Any Person receiving a Notice of Violsmon or suspension
notice may appeal the determination of the Enforcement Authority to the Board of
Appeals in accordance with the Chapter 23, Article 1. The notice of appeal must he
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
ceipt of the notice of appeal. The Board of Appeals may affirm, reverse or modify the
decision of the Enforcement Authority. A suspension under § 197-6 remains in place
unless or until lifted by the Board of Appeals or by a reviewing court. A party
aggrieved by the derision 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 SOB of the Maine Rules of Civil Procedure.
E. fitdorcement Measures. If the violation has not been corrected pursuant to the
requirements set forth in the Notice of Violation, or, in the event of an appeal to the
Board of Appeals, within 45 days of a decision of the Board of Appeals affirming the
Erdormasent Authority's decision, then the Enforcement Authority may recommend to
the City Council that the municipanys attorney file an enforcement action th a Maine
court of competent jurisdiction under Rule SOK of the Maine Rules of Civil Procedure,
F. Ultimate Responsibility of Discharger. The standards set forty herein are miNmum
standards; therefore this Chapter does not intend nor imply that compliance by env
Person will ensure dent there will be, no contamination, pollution, nor unauthorised
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discharge of Pollutants into voters of the U.S, caused by said Person. This Chapter
shall not create liability on the part of the Municipality. or any officer agent or
employee thereof for any damages that result from any Person's reliance on this
Chapter or any edmirdatrative decision lawfully made hereunder.
§ 197-9. Severability
The provisions of this Chapter are hereby declared to be severable. If any provision, clause,
sentence, or paragraph of this Chapter or the application thereof to any person,
establishment, or circumstances shall be held invalid, such invalidity shall not affect the
other provisions, clauses, sentenr s, or paragraphs or application of this Chapter.
§ 197-10. Basis.
The City a fbobgor enacts this Non -Storm Water Dischsrge code (the'Code') pursuant to 30-
A M.R.S.A. § 3001 (municipal home rule ordinance authority), 33 M.R.S.A. § 413 (the
'Wastevoter Discharge law'), 33 U.S.C. § 1251 at seq. (the 'Closet Water Act), and 40 CFR
Part 122 (U.S. Environmental Protedfon Agency's regulations governing the National
pollutant Discharge Elimination System ('NPDES`)l. The Maine DeparGnent of
Envhopmental Protection, through its promulgation athe 'General Permit for the Discharge
of Stormwater from Smell Muni rpal Separate Storm Sewer Systema" dated June 3, 2N3,
has listed the City of Bangor as having a Regulated Small Municipal Separate Storm Sewer
System ('Small MSV); under this General Permit, faring as a Regulated Small MS4
necessitatea souse rent of this Chapter as part of the Munidpslity9 Storm Water
Management Program.