[Ord. of 8-13-2009]
The purpose of this Post-Construction Stormwater Management
Monitoring Ordinance (this "Part") is to provide for the health, safety,
and general welfare of the citizens of the City of Old Town ("City")
through monitoring and enforcement of compliance with stormwater management
plans in order to comply with minimum control measures and requirements
of the Federal Clean Water Act, of federal regulations, and of the
Maine Department of Environmental Protection's general permit for
the discharge of stormwater from small municipal separate storm sewer
systems ("general permit").
[Ord. of 8-13-2009]
This Part seeks to ensure that post-construction stormwater
management plans are followed and stormwater management facilities
are properly maintained and pose no threat to public safety.
[Ord. of 8-13-2009]
For the purposes of this Part, the terms listed below are defined
as follows:
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 stormwater management plan under
this Part.
Schedules of activities, prohibitions of practices, maintenance
procedures, and other management practices to prevent or reduce the
pollution of waters of the state. BMPs also include treatment requirements,
operating procedures, and practices to control plant site runoff,
spillage or leaks, sludge or waste disposal, or drainage from raw
material storage.
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 including one acre or more of disturbed
area, or activity with less than one acre of total land area that
is part of a subdivision, if the subdivision will ultimately disturb
equal to or greater than one acre.
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.
All land areas that are stripped, graded, grubbed, filled
or excavated at any time during the site preparation or removing vegetation
for, or construction of, a project. Cutting of trees, without grubbing,
stump removal, disturbance or exposure of soil, is not considered
"disturbed area." "Disturbed area" does not include routine maintenance
but does include redevelopment and new impervious areas. "Routine
maintenance" is maintenance performed to maintain the original line
and grade, hydraulic capacity, and original purpose of the facility.
Paving impervious gravel surfaces while maintaining the original line
and grade, hydraulic capacity and original purpose of the facility
is considered routine maintenance.
The municipal official or body that has jurisdiction over
the land use approval or permits required for a new development or
redevelopment.
Conveyances for stormwater, including, but not limited to,
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, human-made channels or storm drains (other than
publicly owned treatment works and combined sewers) owned or operated
by any municipality, sewer or sewage district, fire district, state
agency or federal agency or other public entity that discharges directly
to surface waters of the state.
A permit issued by the 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 areawide basis.
Any construction activity, as defined herein, on unimproved
premises.
Any individual, firm, homeowners' or property owners' association,
corporation, municipality, quasi-municipal corporation, state agency
or federal agency or other legal entity which creates, initiates,
originates or maintains a discharge as defined by this Part.
Dredged spoil, solid waste, junk, incinerator residue, sewage,
refuse, effluent, garbage, sewage sludge, munitions, chemicals, biological
or radiological materials, oil, petroleum products or by-products,
heat, wrecked or discarded equipment, rock, sand, dirt and industrial,
municipal, domestic, commercial or agricultural wastes of any kind.
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips,
located within the City, from which discharges into the municipal
separate storm sewer system (MS4), as defined herein, are or may be
created, initiated, originated or maintained.
A person who conducts post-construction inspections of stormwater
management facilities and meets the following qualifications:
Has a working knowledge of Chapter 500, Stormwater Management
Rules, and Maine's Stormwater Best Management Practices Manual; and
Meets the following criteria or is on the Maine Department of
Environmental Protection's list of approved post-construction stormwater
best management practices inspectors: has a college degree in environmental
science, landscape architecture, civil engineering, or comparable
field, with demonstrated knowledge of stormwater hydrology and stormwater
management techniques; or has successfully completed the requirements
of a Maine Department of Environmental Protection training course
on inspecting post-construction stormwater management facilities.
Proprietary stormwater management facilities must be inspected by
a person approved by the manufacturer.
Construction activity, as defined herein, on premises already
improved with buildings, structures or activities or uses, but does
not include such activities as exterior remodeling.
Any small MS4 regulated by the 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.
Any MS4 that is not already covered by the Phase I MS4 stormwater
program, including municipally owned or operated storm sewer systems,
state or federally owned systems, such as colleges, universities,
prisons, Maine Department of Transportation and Maine Turnpike Authority
road systems and facilities, and military bases and facilities.
Any stormwater runoff, snowmelt runoff, and surface runoff
and drainage; "stormwater" has the same meaning as "storm water."
Without limitation, any parking areas, catch basins, drainage
swales, detention basins and ponds, pipes and related structures and
best management practices that are part of the stormwater management
plan for a new development or redevelopment.
[Ord. of 8-13-2009]
This Part applies to all new development and redevelopment within
the City of Old Town that discharges stormwater to the municipal separate
stormwater sewer system (MS4), whether by direct flow to the system
or through the new development's or redevelopment's stormwater management
facilities.
[Ord. of 8-13-2009]
(a)
General requirement. Notwithstanding any ordinance provision to the contrary, no applicant for a building permit, subdivision approval, or site plan approval for new development or redevelopment to which this Part applies shall receive such permit or approval unless the municipal permitting authority approves, as part of a written approval of a building permit, subdivision application, or site plan application, a stormwater management plan, including a post-construction stormwater management monitoring program, that meets the terms of § 16-18.6 of this Part.
(b)
Description of BMP Discharge to MS4. At the time of application for
a building permit, subdivision approval, or site plan approval for
new development or redevelopment to which this Part applies, the applicant
shall show, as part of a stormwater management plan, all stormwater
management facilities and BMP(s) that will discharge to the City's
MS4. The stormwater management facilities and BMP(s) shall be clearly
labeled and described, including all proposed dimensions and other
information as may be required by the building permit, subdivision,
or site plan application.
(c)
As-Built Drawings. Within 60 days of the implementation of the stormwater
facilities approved in the stormwater management plan, the permittee
shall submit to the Code Enforcement Officer a scaled drawing depicting
the exact locations, elevations, and dimensions of the stormwater
management facilities as they were actually built or implemented.
[Ord. of 8-13-2009]
(a)
General requirements. Any person owning, operating, leasing or having control over stormwater management facilities required by a stormwater management plan approved under Chapter 18 and/or Chapter Z, Zoning, of the City's Code of Ordinances shall, following construction or implementation of the stormwater management facilities, monitor the stormwater management facilities as follows:
(1)
That person, if that person is a qualified post-construction
stormwater inspector, or a qualified post-construction stormwater
inspector hired by that person, shall, at least annually, inspect
the stormwater management facilities, including, but not limited to,
any parking areas, catch basins, drainage swales, detention basins
and ponds, pipes and related structures and best management practices,
in accordance with all municipal and state inspection, cleaning and
maintenance requirements of the approved stormwater management plan.
(2)
If the stormwater management facilities require maintenance
to function as intended by the approved stormwater management plan,
that person shall take corrective action(s) to address the deficiency
or deficiencies.
(3)
The qualified post-construction stormwater inspector shall,
on or by May 1 of each year, provide a completed and signed certification
to the Code Enforcement Officer, on a form provided by the City, certifying
that he or she has inspected the stormwater management facilities
and that they are adequately maintained and functioning as intended
by the approved stormwater management plan or that they require maintenance
or repair, describing any required maintenance and any deficiencies
found during inspection of the stormwater management facilities; and
if the stormwater management facilities require maintenance or repair,
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 Part and with the approved stormwater management plan, the Code Enforcement Officer may enter upon premises at reasonable hours to inspect the stormwater management facilities. A right of entry for this purpose shall be included as a condition of approval of any stormwater management plan required by § 16-18.5(a) of this Part.
(c)
Annual report. Beginning September 1, 2009, and each year thereafter,
the City shall include the following in the annual report to the Maine
Department of Environmental Protection it must file under the general
permit:
(1)
The cumulative number of sites that have stormwater management
facilities discharging into their MS4;
(2)
A summary of the number of sites that have stormwater management
facilities discharging into their MS4 that were reported to the municipality;
(3)
The number of sites with documented functioning stormwater management
facilities; and
(4)
The number of sites that required routine maintenance or remedial
action to ensure that stormwater management facilities are functioning
as intended.
[Ord. of 8-13-2009]
It shall be a violation of this Part for any person to fail
to comply with any of the requirements of this Part or of an approved
stormwater management plan. Whenever the Code Enforcement Officer
believes that a person has violated this Part or the approved stormwater
management plan, the Code Enforcement Officer may enforce this Part
in accordance with 30-A M.R.S.A. § 4452.
(a)
Notice of violation.
(1)
Whenever the Code Enforcement Officer believes that a person
has violated this Part or the approved stormwater management plan,
the Code Enforcement Officer may order compliance with this Part or
with the approved 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 Part or of the approved stormwater
management plan;
b.
At the person's expense, compliance with BMPs required as a
condition of approval of the new development or redevelopment, the
repair of stormwater management facilities and/or the restoration
of any affected property; and/or
c.
The payment of fines, of the City's remediation costs and of
the City's reasonable administrative costs and attorneys' fees and
costs.
(2)
If abatement of a violation, compliance with BMPs, repair of
stormwater management facilities 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.
(b)
Penalties/fines/injunctive relief. Any person who violates this Part
or the approved stormwater management plan shall be subject to fines,
penalties and orders for injunctive relief and shall be responsible
for the City's attorneys' 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 Part or the approved 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 City
for violation of federal and state environmental laws and regulations
caused by or related to that person's violation of this Part or of
the approved stormwater management plan; this responsibility shall
be in addition to any penalties, fines or injunctive relief imposed
under this section.
(c)
Consent agreement. The Code Enforcement Officer may, with the approval
of the municipal officers, enter into a written consent agreement
with the violator to address timely abatement of the violation(s)
of this Part or of the approved stormwater management plan for the
purposes of eliminating violations of this Part or of the approved
stormwater management plan and of recovering fines, costs and fees
without court action.
(d)
Appeal of notice of violation. Any person receiving a notice of violation or suspension notice may appeal the determination of the Code Enforcement Officer to the Board of Appeals in accordance with the Board of Appeals provisions in Chapter Z, Zoning, to the City's Code of Ordinances. 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 Code Enforcement Officer. A party aggrieved by the decision of the Board of Appeals may appeal that decision to the Maine Superior Court within 45 days of the date of the Board of Appeals decision pursuant to Rule 80B of the Maine Rules of Civil Procedure.
(e)
Enforcement measures. If the violation has not been corrected pursuant
to the requirements set forth in the notice of violation, or, in the
event of an appeal to the Board of Appeals, within 45 days of a decision
of the Board of Appeals affirming the Code Enforcement Officer's decision,
then the Code Enforcement Officer may recommend to the municipal officers
that the municipality's attorney or the Code Enforcement Officer,
if Rule-80K certified, file an enforcement action in a Maine court
of competent jurisdiction under Rule 80K of the Maine Rules of Civil
Procedure.
[Ord. of 8-13-2009]
The provisions of this Part are hereby declared to be severable.
If any provision, clause, sentence, or paragraph of this Part or the
application thereof to any person, establishment, or circumstances
shall be held invalid, such invalidity shall not affect the other
provisions, clauses, sentences, or paragraphs or application of this
Part.
[Ord. of 8-13-2009]
The City enacts this Part pursuant to 30-A M.R.S.A. § 3001
(municipal home rule ordinance authority), 38 M.R.S.A. § 413
(the "Wastewater Discharge Law"), 33 U.S.C. § 1251 et seq.
(the "Clean Water Act"), and 40 CFR Part 122 [U.S. Environmental Protection
Agency's regulations governing the National Pollutant Discharge Elimination
System ("NPDES")]. The Maine Department of Environmental Protection,
through its promulgation of the general permit for the discharge of
stormwater from small municipal separate storm sewer systems, has
listed the City of Old Town as having a regulated small municipal
separate storm sewer system ("small MS4"). Under this general permit,
listing as a regulated small MS4 necessitates enactment of this Part
as part of the municipality's stormwater management program in order
to satisfy the minimum control measures required by Part IVD5 ("post-construction
stormwater management in new development and redevelopment").
[Added 2-7-2005]
The purpose of this nonstormwater discharge ordinance (this
"article") is to provide for the health, safety, and general welfare
of the citizens of the Town/City of Old Town through the regulation
of nonstormwater discharges to the municipality's storm drainage
system as required by federal and state law. This article establishes
methods for controlling the introduction of pollutants into the Town/City's
storm drainage system in order to comply with requirements of the
federal Clean Water Act and state law.
[Added 2-7-2005]
The objectives of this article are to:
[Added 2-7-2005]
For the purpose of this article, the following terms shall have
the meanings indicated:
The federal Water Pollution Control Act (33 U.S.C. § 1251
et seq., also known as the "Clean Water Act"), and any subsequent
amendments thereto.
Any spilling leaking, pumping, pouring, emptying, dumping,
disposing or other addition to pollutants to waters of the state.
"Direct discharge" or "point source" means any discernible, confined
and discrete conveyance, including, but not limited to, any pipe,
ditch, channel, tunnel, conduit, well, discrete fissure, container,
rolling stock, concentrated animal feeding operation or vessel or
other floating craft, from which pollutants are or may be discharged.
The person(s) or department authorized under § 16-19.5 of this article to administer and enforce this article.
Any person who is subject to a multisector general permit
for industrial activities, a general permit for construction activity,
a general permit for the discharge of stormwater from the Maine Department
of Transportation and the Maine Turnpike Authority municipal separate
storm sewer systems, or a general permit for the discharge of stormwater
from state or federally owned authority municipal separate storm sewer
system facilities; and any nonstormwater discharge permitted under
a NPDES permit, waiver, or waste discharge license or order issued
to the discharger and administered under the authority of the U.S.
Environmental Protection Agency ("EPA") or the Maine Department of
Environmental Protection ("DEP").
Activity or activities subject to NPDES industrial permits
as defined in 40 CFR 122.26(b)(14).
Conveyances for stormwater, including, but not limited to,
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, human-made channels or storm drains (other than
publicly owned treatment works and combined sewers) owned or operated
by any municipality, sewer or sewage district, fire district, state
agency or federal agency or other public entity that discharges directly
to surface waters of the state.
The City of Old Town.
This means a permit issued by the EPA or by the DEP that
authorizes the discharge of pollutants to waters of the United States,
whether the permit is applicable on an individual, group or general
area-wide basis.
Any discharge to an MS4 that is not composed entirely of
stormwater.
Any individual, firm, corporation, municipality, quasi-municipal
corporation, state agency or federal agency or other legal entity
which creates, initiates, originates or maintains a discharge of stormwater
or a nonstormwater discharge.
Dredged spoil, solid waste, junk, incinerator residue, sewage,
refuse, effluent, garbage, sewage sludge, munitions, chemicals, biological
or radiological materials, oil, petroleum products or by-products,
heat, wrecked or discarded equipment, rock, sand, dirt and industrial,
municipal, domestic, commercial or agricultural wastes of any kind.
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips,
located within the municipality from which discharges into the storm
drainage system are or may be created, initiated, originated or maintained.
Any small MS4 regulated by the State of Maine "General Permit
for the discharge of Stormwater from Small Municipal Separate Storm
Sewer Systems" dated June 3, 2003 ("general permit"), including all
those located partially or entirely within an urbanized area (UA)
and those additional small MS4s located outside a UA that as of the
issuance of the general permit have been designated by the DEP as
regulated small MS4s.
Any MS4 that is not already covered by the Phase I MS4 stormwater
program, including municipally owned or operated storm sewer systems,
state or federally owned systems, such as colleges, universities,
prisons, Maine Department of Transportation and Maine Turnpike Authority
road systems and facilities, and military bases and facilities.
The municipality's regulated small MS4.
Any Stormwater runoff, snowmelt runoff, and surface runoff
and drainage; "Stormwater" has the same meaning as "storm water."
The areas of the State of Maine so defined by the latest
decennial (2000) census by the U.S. Bureau of the Census.
[Added 2-7-2005]
This article shall apply to all persons discharging stormwater
and/or nonstormwater discharges from any premises into the storm drainage
system.
[Added 2-7-2005]
The Code Enforcement Officer or a designate of the City Manager
is the enforcement authority who shall administer, implement, and
enforce the provisions of this article. The Public Works Director
and any other Department Manager will assist the Code Enforcement
Officer with these responsibilities, but the ultimate authority shall
rest with the Code Enforcement Officer or designate.
[Added 2-7-2005]
(a)
General Prohibition. Except as allowed or exempted herein, no person
shall create, initiate, originate or maintain a nonstormwater discharge
to the storm drainage system. Such nonstormwater discharges are prohibited,
notwithstanding the fact that the municipality may have approved the
connections, drains or conveyances by which a person discharges unallowed
nonstormwater discharges to the storm drainage system.
(b)
Allowed Nonstormwater Discharges. The creation, initiation, origination
or maintenance of the following nonstormwater discharges to the storm
drainage system are allowed:
(1)
Landscape irrigation; diverted stream flows; rising groundwater;
uncontaminated groundwater infiltration [as defined at 40 CFR 35.2005(20)];
uncontaminated pumped groundwater; uncontaminated flows from foundation
drains; air-conditioning and compressor condensate; irrigation water;
flows from uncontaminated springs; uncontaminated water from crawl
space pumps; uncontaminated flows from footing drains; lawn-watering
runoff; flows from riparian habitats and wetlands; residual street
wash water (where spills/leaks of toxic or hazardous materials have
not occurred, unless all spilled material has been removed and detergents
are not used); hydrant flushing and firefighting activity runoff;
water line flushing and discharges from potable water sources; and
individual residential car washing;
(2)
Discharges specified in writing by the enforcement authority
as being necessary to protect public health and safety; and
(3)
Dye testing, with verbal notification to the enforcement authority
prior to the time of the test.
(c)
Exempt Person or Discharge. This article shall not apply to an exempt
person or discharge, except that the enforcement authority may request
from exempt persons and persons with exempt discharges copies of permits,
notices of intent, licenses and orders from the EPA or DEP that authorize
the discharge(s).
[Added 2-7-2005]
The enforcement authority may, without prior notice, physically
suspend discharge access to the storm drainage system to a person
when such suspension is necessary to stop an actual or threatened
nonstormwater discharge to the storm drainage system which present
or may present imminent and substantial danger to the environment,
or to the health or welfare of persons, or to the storm drainage system,
or which may cause the municipality to violate the terms of its environmental
permits. Such suspension may include, but is not limited to, blocking
pipes, constructing dams or taking other measures, on public ways
or public property, to physically block the discharge to prevent or
minimize a nonstormwater discharge to the storm drainage system. If
the person fails to comply with a suspension order issued in an emergency,
the enforcement authority may take such steps as deemed necessary
to prevent or minimize damage to the storm drainage system, or to
minimize danger to persons, provided, however, that in taking such
steps the enforcement authority may only enter upon the premises that
is the source of the actual or threatened nonstormwater discharge
to the storm drainage system with the consent of the premises'
owner, occupant or agent.
[Added 2-7-2005]
In order to determine compliance with this article, the enforcement
authority may enter upon and inspect premises subject to this article
at reasonable hours with the consent of the premises' owner,
occupant or agent; to inspect the premises and connections thereon
to the storm drainage system; and to conduct monitoring, sampling
and testing of the discharge to the storm drainage system.
[Added 2-7-2005]
It shall be unlawful for any person to violate any provision
of or to fail to comply with any of the requirements of this article.
Whenever the enforcement authority believes that a person has violated
this article, the enforcement authority may enforce this article in
accordance with 30-A M.R.S.A. § 4452.
(a)
Notice of Violation. Whenever the enforcement authority believes
that a person has violated this article, the enforcement authority
may order compliance with this article 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 nonstormwater discharges to the storm drainage
system;
(2)
The cessation of discharges, practices, or operations in violation
of this article;
(3)
At the person's expense, the abatement or remediation (in
accordance with best management practices in DEP rules and regulations)
of nonstormwater discharges to the storm drainage system and the restoration
of any affected property; and/or
(4)
The payment of fines, of the municipality's remediation
costs and of the municipality's reasonable administrative costs
and attorneys' fees and costs.
(b)
Penalties/Fines/Injunctive Relief. Any person who violates this article
shall be subject to fines, penalties and orders for injunctive relief
and shall be responsible for the municipality's attorneys'
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 article also shall be responsible
for any and all fines, penalties, damages and costs, including, but
not limited to attorneys' fees and costs, incurred by the municipality
for violation of federal and state environmental laws and regulations
caused by or related to the person's violation of this article;
this responsibility shall be in addition to any penalties, fines or
injunctive relief imposed under this section.
(c)
Consent Agreement. The enforcement authority may, with the approval
of the municipal officers, enter into a written consent agreement
with the violator to address timely abatement of the violation(s)
of this article for the purpose of eliminating violations of this
article and of recovering fines, costs and fees without court action.
(d)
Appeal of Notice of Violation. Any person receiving a notice of violation or suspension notice may appeal the determination of the enforcement authority to the City of Old Town Zoning Board of Appeals in accordance with the Board of Appeals Ordinance Section 107 of the Zoning Ordinance.[1] The notice of appeal must be received within 30 days from the date of the notice of violation. The Board of Appeals shall hold a de novo hearing on the appeal within 30 days from the date of receipt of the notice of appeal. The Board of Appeals may affirm, reverse or modify the decision of the enforcement authority. A suspension under § 16-19.7 of this article remains in place unless or until lifted by the Board of Appeals or by a reviewing court. A party aggrieved by the decision of the Board of Appeals may appeal that decision to the Maine Superior Court within 45 days of the date of the Board of Appeals decision pursuant to Rule 80B of the Maine Rules of Civil Procedure.
(e)
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, within 45 days of the decision of the municipal
Board of Appeals upholding the decision of the enforcement authority,
then the enforcement authority may recommend to the municipal officers
that the Town Attorney file an enforcement action in a Maine court
of competent jurisdiction under Rule 80K of the Maine Rules of Civil
Procedure.
(f)
Ultimate Responsibility of Discharger. The standards set forth herein
are minimum standards; therefore this article does not intend nor
imply that compliance by any person will ensure that there will be
no contamination, pollution, or unauthorized discharge of pollutants
into waters of the U.S. caused by said person. This article shall
not create liability on the part of the municipality, or any agent
or employee thereof for any damages that result from any person's
reliance on this article or any administrative decision lawfully made
hereunder.
[Added 2-7-2005]
The provisions of this article are hereby declared to be severable.
If any provision, clause, sentence, or paragraph of this article or
the application thereof to any person, establishment, or circumstances
shall be held invalid, such invalidity shall not affect the other
provisions, clauses, sentences, or paragraphs or application of this
article.
[Added 2-7-2005]
The City of Old Town enacts this nonstormwater discharge ordinance
(this "article") pursuant to 30-A M.R.S.A. § 3001 (municipal
home rule ordinance authority), 38 M.R.S.A. § 413 (the "Wastewater
Discharge Law"), 33 U.S.C. § 1251 et seq. (the "Clean Water
Act"), and 40 CFR 122 [U.S. Environmental Protection Agency's
regulations governing the National Pollutant Discharge Elimination
System ("NPDES")]. The Maine Department of Environmental Protection,
through its promulgation of the "General Permit for the Discharge
of Stormwater from Small Municipal Separate Storm Sewer Systems" dated
June 3, 2003, has listed the City of Old Town as having a regulated
small municipal separate storm sewer system ("Small MS4"); under this
general permit; listing as a regulated small Ms4 necessitates enactment
of this article as part of the municipality's stormwater management
program.
