[HISTORY: Adopted by the Mayor and Council
of the City of Westminster 4-26-2006 by Ord. No. 748. Amendments noted where
applicable.]
A.
The purpose of this chapter is to provide for the
public health, safety, and general welfare of the residents of the
City of Westminster, Carroll County, the Chesapeake Bay Region, and
the state through the regulation of nonstormwater discharges to the
storm drainage system. This chapter establishes methods for controlling
the introduction of illicit discharges or pollutants into the City's
separate storm sewer system (MS4) in order to comply with requirements
of the NPDES permit process.
In this chapter the following terms have the
meanings indicated. Any term not defined in this chapter shall have
the meaning as defined in any chapter of the Code or the Natural Resource
Article, § 8-1201, et seq., Annotated Code of Maryland,
or any subsequent amendments. Any term not defined as above shall
have its generally accepted meaning.
Conservation practices or systems of practices and management
measures that minimize adverse impacts to the environment, including
surface water, groundwater flow and circulation patterns, and to the
chemical, physical, and biological characteristics. BMPs include schedules
of activities, prohibitions of practices, general good housekeeping
practices, pollution prevention and educational practices, maintenance
procedures, and other management practices to prevent or reduce the
discharge of pollutants directly or indirectly to stormwater, receiving
waters, or stormwater conveyance systems. BMPs also include treatment
practices, operating procedures, and practices to control site runoff,
spillage or leaks, sludge or water disposal, or drainage from raw
materials storage.
The City of Westminster.
A separate storm sewer system that is owned or maintained
by the City and designed to convey stormwater runoff to a point of
managed discharge.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments.
Code of the City of Westminster.
Code of Maryland Regulations.
An activity subject to NPDES construction permits, including
a construction project resulting in land disturbance of one acre or
more, clearing, grubbing, grading, excavating, and demolition.
The Board of Commissioners of Carroll County.
The Department of Public Works of the City of Westminster.
[Amended 12-6-2007 by Ord. No. 773]
The Director of the Department of Public Works or the Director's
written designee.
[Amended 12-6-2007 by Ord. No. 773]
An area drained by an ordered stream system and classified
by the highest order stream that forms its discharge.
An action performed to provide additional protection to create
or improve the function of an ecosystem.
Any structure or complex of structures where runoff is discharged
into a MS4.
Any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration, or physical,
chemical, or infectious characteristics may cause, or significantly
contribute to, a substantial present or potential hazard to human
health, safety, property, or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed.
A surface or subsurface drain or conveyance which allows
an illicit discharge to enter the storm drain system, including, but
not limited to:
A conveyance which allows a nonstormwater discharge
including sewage, process wastewater, and wash water to enter the
storm drain system or a connection to the storm drain system from
an indoor drain or sink, regardless of whether the drain or connection
had been previously allowed, permitted, or approved by an authorized
enforcement agency; or
A drain or conveyance connected from a commercial
or industrial land use to the storm drain system which has not been
documented in plans, maps, or equivalent records and approved by an
authorized enforcement agency.
Any discharge to any MS4 that is not composed entirely of
stormwater runoff except discharges resulting from common residential
stormwater runoff, fire-fighting activities or from any legally permitted
discharge. The direct discharge of any sanitary discharge, including
domestic sewage or other pollutants into any MS4, is considered an
illicit discharge.
An activity subject to NPDES industrial permits as defined
in 40 CFR § 122.26(b)(14) or any subsequent amendment.
National pollutant discharge elimination system.
A permit issued by the Environmental Protection Agency or
the state that authorizes the discharge of pollutants to waters of
the United States.
The point where a storm sewer system discharges.
Includes the federal government, the state, any county, municipal
corporation, or other political subdivision of the state, or any of
their units, or an individual, receiver, trustee, guardian, executor,
administrator, fiduciary, or representative of any kind, or any partnership,
firm, association, public or private corporation, or any other entity.
A contaminant that may result in any alteration
of the physical, chemical, or biological properties of groundwater
or surface water, including any change in temperature, taste, color,
turbidity, or odor of the receiving waters or discharge or deposit
of any organic matter, harmful organism, or liquid, gaseous, solid,
radioactive, or other substance into groundwater or surface water
that may render the waters harmful, or detrimental to the public health
or welfare, to any domestic, commercial, industrial, agricultural,
recreational, or other legitimate beneficial use of the water, to
any livestock, wild animals, birds, fish or other aquatic species
that may use the water; or
Any substance that may cause or contribute to
pollution, including, but not limited to, paints, varnishes, and solvents;
oil; petroleum; automotive fluids; nonhazardous liquid and solid wastes
and yard wastes; refuse; rubbish, garbage, litter, or other discarded
or abandoned objects, ordnances, and accumulations, so that same may
cause or contribute to pollution; floatables; pesticides, herbicides,
and fertilizers; hazardous substances and wastes; sewage, fecal coliform
and pathogens; dissolved and particulate metals; animal wastes; wastes
and residues that result from constructing a building or structure;
and noxious or offensive matter of any kind.
The equivalent of a municipal separate storm sewer system
(MS4) as defined in 40 CFR 122.26. A conveyance or system of conveyances
including, but not limited to, drainage systems, public streets, catch
basins, curbs, gutters, ditches, swales, constructed channels, storm
drains, associated underground piping and any on-site stormwater management
facilities that are:
Includes, but is not limited to, raw materials, petroleum
derivative products; any controlled hazardous substances pursuant
to COMAR 26.13; industrial waste pursuant to COMAR 26.08.01.01; infectious
waste pursuant to COMAR 26.04.07.02; materials such as solvents or
detergents; finished materials such as metallic products; raw materials
used in food processing or production; fertilizers; pesticides; waste
products such as ashes, slag and sludge or any other material that
could result in pollution of waters of the state as a constituent
in stormwater discharge.
Any facilities by which stormwater is collected or conveyed,
including but not limited to any roads with drainage systems, streets,
gutters, curbs, inlets, piped storm drains, pumping facilities, retention
and detention basins, natural and man-made or altered drainage channels,
reservoirs, and other drainage structures.
Any surface flow, runoff, and drainage consisting entirely
of water resulting from any form of natural precipitation.
Anything constructed, the use of which requires fixed location
on the ground or which is attached to something having a fixed location.
Any natural or artificial stream, river, creek, ditch, channel,
canal, conduit, culvert, drain, waterway, gully, ravine or wash, in
and including any adjacent area that is subject to inundation from
overflow or floodwaters and their associated wetlands.
A.
No new connection to an MS4 may be effected without
prior written approval of the Director.
B.
No person may:
(1)
Discharge any significant materials or pollutant into
any component of any MS4 that would constitute an illicit discharge:
(2)
Continue any illicit discharge to any MS4;
(3)
Create any condition that may result in an illicit
discharge or pollution of stormwater conveyed and discharged from
any outfall of those systems;
(4)
Cause or contribute to any type of illicit discharge
into an MS4 or watercourse that may result in an potential for adverse
impact;
(5)
Alter or create an obstruction to flow of an MS4 or
watercourse that reduces its capacity or ability to provide its intended
design capacity or natural function; or
(6)
Create a new connection or maintain a connection that
may introduce any discharge other than unpolluted water into any MS4
or watercourse.
C.
The construction, use, maintenance or continued existence
of illicit connections to the storm drain system is prohibited.
The following discharges are exempt from the
prohibitions established by this chapter:
A.
Potable water sources.
B.
Landscape irrigation or lawn watering.
C.
Permitted diverted stream flows.
D.
Rising groundwater.
E.
Groundwater infiltration to storm drains.
F.
Uncontaminated pumped groundwater.
G.
Uncontaminated discharge from foundation drains or
pumps.
H.
Air conditioning condensation.
I.
Springs.
J.
Noncommercial washing of vehicles.
K.
Natural riparian habitat or wetland flows.
L.
Fire-fighting activities.
M.
Any water source not containing pollutants.
N.
Discharges specified in writing by the authorized
enforcement agency as being necessary to protect public health and
safety.
O.
Dye testing with prior verbal notification to the
authorized enforcement agency.
P.
Any nonstormwater discharge legally permitted under
an NPDES permit issued by the Maryland Department of the Environment,
provided that the discharger is in full compliance with all requirements
of the issued permit and with all other applicable laws and regulations
and with prior written approval of discharge to the MS4.
Any person in control of any part of a storm
sewer system, including any stormwater management facility or any
surface or subsurface stormwater conveyance system, shall maintain
those components in good and workable condition. The owner shall promptly
repair and restore the systems or components when conditions warrant.
A.
The Director may, without prior notice, suspend any
approved discharge access to an MS4 by a person, when suspension is
necessary to stop an actual or threatened discharge which presents
or may present imminent and substantial danger to the environment,
to public health or welfare, or to any system, watercourse, or designated
sensitive resource. If a person fails to comply with a suspension
order, the City may take steps to prevent or minimize damage to any
stormwater system, watercourse, or sensitive resource or to minimize
an identified danger or hazard to the general health and welfare.
B.
A person discharging to an MS4 or watercourse in violation
of this chapter may have the system access terminated if such termination
would abate, reduce, or eliminate an illicit discharge. The Director
shall notify a violator in writing of the proposed termination of
system access. The violator may petition to the Director for reconsideration.
Reinstatement of a discharge, connection, or access which has been
terminated pursuant to this section without the Director's approval
constitutes a violation of this chapter.
A person subject to an industrial or construction
activity NPDES stormwater discharge permit shall comply with all provisions
of the permit. Proof of compliance with the permit shall be submitted
in a form acceptable to the Director prior to allowing any discharge
to the MS4.
This section applies to all facilities that
have stormwater discharges, including construction activity or any
other discharge to any MS4.
A.
The Director may, upon notification, enter and inspect
the source of any discharge, including those under an individual or
general NPDES permit, that are subject to this chapter when necessary
to determine compliance. Failure to cooperate with an inspection constitutes
a violation of this chapter.
B.
To determine compliance, the Director may inspect,
sample, examine, and investigate the source of any discharge to an
MS4. In support of any investigation, the Director may review and
copy any records maintained pursuant to the conditions of any discharge
permit or this chapter.
C.
The Director may require the discharger to install
monitoring equipment if the Director determines that the nature of
the discharge warrants it. The facility's sampling and monitoring
equipment shall be maintained in a safe and proper operating condition
by the discharger at its own expense. All devices used to measure
stormwater flow and quality shall be calibrated to ensure accuracy.
A.
The owner of any property shall prevent accidental
discharge of prohibited materials or pollutants into MS4 or watercourses
through the use of structural and nonstructural BMP's.
B.
Any person who is the source of an illicit discharge
may be required to implement, at the person's expense, additional
structural and nonstructural BMPs to prevent the further discharge
of pollutants to any MS4. Compliance with the terms and conditions
of a valid NPDES permit authorizing the discharge of stormwater constitutes
compliance with this section.
A.
The owner of property through which a watercourse
passes shall keep and maintain that part of the watercourse within
the property generally free of man-made obstructions or sources of
pollutants.
B.
The owner shall maintain existing privately owned
structures within or adjacent to a watercourse so that the structures
will not become a hazard to the use, function, or physical integrity
of the watercourse.
A.
Notwithstanding other requirements of law, any person
responsible for a site who has information of an illicit discharge
of pollutants into stormwater, the storm sewer system, or watercourse,
shall immediately contain and clean up the release. Said person shall
also give notification as provided in this section.
B.
Time.
(1)
For a release of hazardous materials, the person shall
immediately notify emergency response agencies of the occurrence via
emergency dispatch services.
(2)
For a release of nonhazardous materials, the person
shall notify the Director in person or by telephone or facsimile no
later than the next business day.
(3)
Notifications in person or by phone shall be confirmed
by written notice addressed and mailed to the Director within three
business days of the notice by telephone.
C.
If the discharge of prohibited materials emanates
from a commercial or industrial use, the owner or operator shall retain
an on-site written record of the discharge and the actions taken to
prevent its recurrence.
The Director may require a surety, cash bond,
irrevocable letter of credit, or other means of security acceptable
to the Director as a guaranty under certain requirements of this chapter.
In cases when a guaranty is required, the amount required shall be
no less than the total estimated cost of the action required. The
guaranty shall include forfeiture provisions for failure to complete
the required activity within the time specified. The guaranty may
not be released prior to final inspection which verifies compliance
with this chapter. No partial releases may be made. In the event that
the guarantor fails to perform or complete the required activity,
the Director may use the guaranty to complete the work.
A.
Whenever the Director finds that a person has violated
this chapter, the Director shall issue a notice of violation.
B.
If abatement of a violation or restoration of affected
property is required, the notice shall set forth a deadline within
which such remediation or restoration shall be completed. The notice
shall state that should the violator fail to remediate or restore
within the established deadline, the work will be contracted for completion
by the City and the costs shall be charged to the violator. Such costs
shall constitute a lien upon the premises upon which the condition
occurred, to be collected as City taxes are collected, if not otherwise
first paid to the City. Abatement by the City of conditions in violation
of this chapter and reimbursement to the City of costs incurred thereby
shall not bar the issuance of a municipal infraction and the prosecution
for such violation.
C.
If a person has violated or continues to violate the
provisions of this chapter, the Director may petition for a preliminary
or permanent injunction restraining the person from activities which
would create further violations or compelling the person to perform
abatement or remediation of the violation.
A.
Any person who shall violate a provision of this chapter
or fail to comply therewith, or with any of the requirements thereof,
shall be prosecuted within the limits provided by state or local law.
Each day that a violation continues shall be a separate offense. In
addition to other remedies, any violation may be deemed a municipal
infraction and prosecuted as such. The penalty for violation shall
be a fine of $400 for each offense, which may be doubled in accordance
with applicable law.
B.
The imposition of a fine or penalty for any violation
of or noncompliance with this chapter shall not excuse the violation
or noncompliance or permit it to continue, and also the person shall
be required to correct or remedy such violations and noncompliance
with any reasonable time.
C.
Additionally, the Mayor and Common Council may institute
injunctive, mandamus or other appropriate action or proceedings in
law or equity for the enforcement of this chapter or to correct violations
of this chapter and any court of competent jurisdiction shall have
the right to issue restraining order, temporary or permanent injunctions
or mandamus or other appropriate forms of remedy or relief.
