The Town of Sabattus has appointed an Androscoggin Valley Stormwater Working Group (AVSWG) Program Coordinator to operate the AVSWG Municipal Separate Storm Sewer System (MS4) within the Sabattus town limits. The AVSWG Program Coordinator has the authorization to administer and enforce stormwater discharge permits within the identified Urban Area.
B. Performance Standards
1. The Applicant shall make adequate provision for the management of the quantity and quality of all stormwater generated by the New Development or Redevelopment 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
2. The Applicant may meet the quantity and quality standards above either on-site or offsite, but where off-site facilities are used, the applicant must submit to the Municipality documentation, approved as to legal sufficiency by the Municipality’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 or Redevelopment and that the property will not be altered in a way that interferes with the off-site facilities.
3. 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 Municipality documentation, approved as to legal sufficiency by the Municipality’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 Municipality shall enter into a Maintenance Agreement with the Municipality. A sample of this Maintenance Agreement is attached as Appendix 1 to this Ordinance.
4. 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 Municipality for acceptance as public facilities, the Municipal Permitting Authority may require that perpetual easements not less than thirty (50) feet in width, conforming substantially with the lines of existing natural drainage, and in a form acceptable to the Municipality’s attorney, shall be provided to the Municipality 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 Municipality.
5. In addition to any other applicable requirements of this Ordinance and the Municipality’s land use ordinances, any New Development or Redevelopment 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 (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.
A. 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. 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. 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. On January 1 of each year, A Qualified Post-Construction Stormwater Inspector hired by that Person, shall provide a completed and signed certification to the Enforcement Authority in a form identical to that attached as Appendix 1 to this Ordinance , certifying that the Person has inspected the Stormwater Management Facilities 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. In addition, any persons required to file an annual certification under this Section 6 of this Ordinance shall include with the annual certification payment in the amount of one hundred dollars ($100.00) to pay the administrative and technical costs of review of the annual certification.
B. Right of Entry. In order to determine compliance with this Ordinance 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.
C. Inspections. The owner or operator of a Stormwater Management Facility must hire a Qualified Post-Construction Stormwater Inspector who must provide a completed and signed certification to the Enforcement Authority by January 1 of each year.
Sabattus Stormwater Management Plan
Maine DEP Permit Application Manual