The City of Biddeford has the authority from the Maine Department of Environmental Protection (DEP) to operate a Municipal Separated Storm Sewer System (MS4) within Biddeford city limits through municipal regulation Code of Ordinances Chapter 34 Article VI. The MS4 requires Biddeford to administer and enforce compliance with stormwater discharge permits in an effort to decrease stormwater pollutants and increase overall water quality.
Sec. 34-480 Plan required.
(a) Except as provided in Section 34-478(b) above, no applicant for a building permit, subdivision approval, site plan approval or other zoning, planning or other land use approval for new development to which this article is applicable shall receive such permit or approval for that new development unless the municipal permitting authority for that new development also determines that the applicant's post-construction stormwater management plan for that new development meets the requirements of this article.
(b) At the time of application, the applicant shall notify the municipal permitting authority if its post-construction stormwater management plan includes any BMP that will discharge to the City's MS4 and shall include in this notification a listing of which BMP will so discharge.
Sec. 34-481 Performance standards.
(a) The applicant shall make adequate provision for the management of the quantity and quality of all stormwater generated by a new development through a post-construction stormwater management plan. This post-construction stormwater management plan shall be designed to meet the standards contained in the Maine Department of Environmental Protection's Chapters 500 and 502 Rules and shall comply with the practices described in the manual Stormwater Management for Maine, published by the Maine Department of Environmental Protection, January 2006, which hereby are incorporated by reference pursuant to 30-A M.R.S.A. § 3003.
(b) The applicant shall meet the quantity and quality standards above either on site or off site. Where off-site facilities are used, the applicant must submit to the City documentation, approved as to legal sufficiency by the City's attorney, that the applicant has a sufficient property interest in the property where the off-site facilities are located, by easement, covenant or other appropriate legal instrument, to ensure that the facilities will be able to provide post-construction stormwater management for the new development and that the property will not be altered in a way that interferes with the off-site facilities.
(c) Where the applicant proposes to retain ownership of the stormwater management facilities shown in its post-construction stormwater management plan, the applicant shall submit to the City documentation, approved as to legal sufficiency by the City's attorney, that the applicant, its successors, heirs and assigns shall have the legal obligation and the resources available to operate, repair, maintain and replace the stormwater management facilities. Applications for new development or redevelopment requiring stormwater management facilities that will not be dedicated to the City shall enter into a maintenance agreement with the City. A sample of this maintenance agreement is attached as Appendix 1 to this article.[1]
(d) Whenever elements of the stormwater management facilities are not within the right-of-way of a public street and the facilities will not be offered to the City for acceptance as public facilities, the municipal permitting authority may require that perpetual easements not less than 30 feet in width, conforming substantially with the lines of existing natural drainage, and in a form acceptable to the City's attorney, shall be provided to the City allowing access for maintenance, repair, replacement and improvement of the stormwater management facilities. When an offer of dedication is required by the municipal permitting authority, the applicant shall be responsible for the maintenance of these stormwater management facilities under this article until such time (if ever) as they are accepted by the City.
(e) In addition to any other applicable requirements of this article and the City's Municipal Code, any new development which also requires a stormwater management permit from the Maine Department of Environmental Protection (DEP) under 38 M.R.S.A. § 420-D shall comply with the rules adopted by DEP under 38 M.R.S.A. § 420-D, Subsection 1, as the same may be amended from time to time, and the applicant shall document such compliance to the municipal permitting authority. Where the standards or other provisions of such stormwater rules conflict with municipal ordinances, the stricter (more protective) standard shall apply.
(f) The applicant shall be responsible for all costs, including but not limited to attorney's fees incurred during the review of all documents by the City Attorney.
Sec. 34-482 Demonstration of compliance.
Any person owning, operating, leasing or having control over stormwater management facilities required by a post-construction stormwater management plan approved under this article shall demonstrate compliance with that Plan as follows:
(1) That person 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, in accordance with all municipal and state inspection, cleaning and maintenance requirements of the approved post-construction stormwater management plan.
(2) If the stormwater management Facilities require maintenance to function as intended by the approved post-construction stormwater management plan, that person shall take corrective action(s) to address the deficiency or deficiencies.
(3) That person shall employ a qualified post-construction stormwater inspector to provide, on or by March 1 of each year, a completed and signed certification to the enforcement authority in a form identical to that attached as Appendix 1 to this article or in a similar form approved by the City Engineer, certifying that the stormwater management facilities have been inspected, and that they are adequately maintained and functioning as intended by the approved post-construction 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. If the stormwater management facilities require, maintenance or repair of deficiencies in order to function as intended by the approved post-construction stormwater management plan, the person shall provide a record of the required maintenance or deficiency and corrective action(s) taken.
Sec. 34-483 Right of entry.
In order to determine compliance with this article and with the post-construction stormwater management plan, the enforcement authority may enter upon property at reasonable hours with the consent of the owner, occupant or agent to inspect the stormwater management facilities.
Sec. 34-486 Notice of violation.
(a) Whenever the enforcement authority believes that a person has violated this article or the post-construction stormwater management plan, the enforcement authority may order compliance with this article 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:
(1) The abatement of violations, and the cessation of practices or operations in violation of this article or of the post-construction stormwater management plan;
(2) At the person's expense, compliance with BMPs required as a condition of approval of the new development, the repair of stormwater management facilities and/or the restoration of any affected property; and/or
(3) The payment of fines, of the City's remediation costs and of the City's reasonable administrative costs and attorneys' fees and costs.
(b) 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.
Maine DEP Permit Application Manual