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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: a a N,..R,,.a„r.aa,jcz �M aQ IAT ..a lad a �l zit dK 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," 05-239 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 05-239 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; 05-239 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 05-239 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 a5-239 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.