The Town of Lisbon has appointed an Androscoggin Valley Stormwater Working Group (AVSWG) Program Coordinator to operate the AVSWG Municipal Separate Storm Sewer System (MS4) within the Lisbon town limits. The AVSWG Program Coordinator has the authorization to administer and enforce stormwater discharge permits within the identified Urban Area.
Sec. 42-111. - General requirement.
(a) Except as provided in section 42-103(2), 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 ordinance 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 ordinance.
(b) At the time of application, the applicant shall notify the municipal permitting authority if its post-construction stormwater management plan includes any BMP(s) that will discharge to the town's MS4 and shall include in this notification a listing of which BMP(s) will so discharge.
Sec. 42-112. - 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 Maine Stormwater Best Management Practices Manual, published by the Maine Department of Environmental Protection, which hereby are incorporated by reference pursuant to 30-A M.R.S. § 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 town documentation, approved as to legal sufficiency by the town'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 town documentation, approved as to legal sufficiency by the town'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 town shall enter into a maintenance agreement with the town. A sample of this maintenance agreement is attached as Appendix 1 to this ordinance.
(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 town 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 town's attorney, shall be provided to the town 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 ordinance until such time (if ever) as they are accepted by the town.
(e) In addition to any other applicable requirements of this ordinance and the town'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. § 420-D shall comply with the rules adopted by DEP under 38 M.R.S. § 420- D(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.
Sec. 42-121. - General requirements.
Any person owning, operating, leasing or having control over stormwater management facilities required by a post-construction stormwater management plan approved under this ordinance 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 2 to this ordinance, 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, and, 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. 42-131. - Enforcement.
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 the post-construction stormwater management plan. Whenever the enforcement authority believes that a person has violated this ordinance or the post-construction stormwater management plan, the enforcement authority may enforce this ordinance in accordance with 30-A M.R.S. § 4452.
Sec. 42-132. - Notice of violation.
Whenever the enforcement authority believes that a person has violated this ordinance or the 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:
(1) The abatement of violations, and the cessation of practices, or operations in violation of this ordinance 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 town's remediation costs and of the town's reasonable administrative costs and attorneys' fees and costs.
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.
Sec. 42-133. - Penalties/fines/injunctive relief.
Any person who violates this ordinance or the post-construction stormwater management plan shall be subject to fines, penalties and orders for injunctive relief and shall be responsible for the town's attorney's fees and costs, all in accordance with 30-A M.R.S. § 4452. Each day that such violation continues shall constitute a separate violation. Moreover, any person who violates this ordinance or the 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 town for violation of federal and state environmental laws and regulations caused by or related to that person's violation of this ordinance or of the post-construction stormwater management plan; this responsibility shall be in addition to any penalties, fines or injunctive relief imposed under this chapter.
Town of Lisbon Water Department
Maine DEP Permit Application Manual