[HISTORY: Adopted by the Board of Town Commissioners of the
Town of Bel Air as indicated in article histories. Amendments noted
where applicable.]
[Adopted 6-2-2014 by Ord. No. 767-14]
The purpose of this article is to provide for the health, safety,
and general welfare of the citizens of the Town of Bel Air through
the regulation of nonstormwater discharges to the storm drainage system
to the maximum extent practicable as required by federal and state
law. This article establishes methods for controlling the introduction
of pollutants into the municipal separate storm sewer system (MS4)
in order to comply with requirements of the National Pollutant Discharge
Elimination System (NPDES) permit process. The objectives of this
article are:
A.
To regulate the contribution of pollutants to the MS4 by stormwater
discharges by any user.
B.
To prohibit illicit connections and discharges to the MS4.
C.
To establish legal authority to carry out all inspection, surveillance,
monitoring, and enforcement procedures necessary to ensure compliance
with this article.
For the purposes of this article, the following shall mean:
Employees or designees of the Director of the Department
of Public Works duly designated to enforce this article.
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 federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
Activities subject to NPDES construction permits. These include
construction projects resulting in land disturbance of one acre or
more. Such activities include but are not limited to clearing and
grubbing, grading, excavating, and demolition.
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.
Any direct or indirect nonstormwater discharge to the storm drain system, except as exempted in § 407-7 of this article.
An illicit connection is defined as either of the following:
Any drain or conveyance, whether on the surface or subsurface,
that allows an illegal discharge to enter the storm drain system,
including but not limited to any conveyances that allow any nonstormwater
discharge, including sewage, process wastewater, and wash water to
enter the storm drain system and any connections to the storm drain
system from indoor drains and sinks, regardless of whether said drain
or connection had been previously allowed, permitted, or approved
by an authorized enforcement agency; or
Any drain or conveyance connected from a commercial or industrial
land use to the storm drain system that has not been documented in
plans, maps, or equivalent records and approved by an authorized enforcement
agency.
Activities subject to NPDES industrial stormwater permits
as defined in 40 CFR, § 122.26(b)(14).
The system of conveyances (including sidewalks, roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) owned and operated by
the Town of Bel Air and designed or used for collecting or conveying
stormwater, and that is not used for collecting or conveying sewage.
A permit issued by EPA [or by a state under authority delegated
pursuant to 33 USC § 1342(b)] 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 the storm drain system that is not composed
entirely of stormwater.
Any individual, association, organization, partnership, firm,
corporation or other entity recognized by law and acting as either
the owner or as the owner's agent.
Anything which causes or contributes to pollution. Pollutants
may include, but are not limited to: paints, varnishes, and solvents;
oil and other automotive fluids; nonhazardous liquid and solid wastes
and yard wastes; refuse, rubbish, garbage, litter, or other discarded
or abandoned objects, 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.
Any building, lot, parcel of land, or portion of land whether
improved or unimproved including adjacent sidewalks and parking strips.
Publicly owned facilities by which stormwater is collected
and/or conveyed, including but not limited to any roads with drainage
systems, municipal streets, gutters, curbs, inlets, piped storm drains,
pumping facilities, retention and detention basins, natural and human-made
or altered drainage channels, reservoirs, and other drainage structures.
Any surface flow, runoff, and drainage consisting entirely
of water from any form of natural precipitation, and resulting from
such precipitation.
A document which describes the best management practices
and activities to be implemented by a person or business to identify
sources of pollution or contamination at a site and the actions to
eliminate or reduce pollutant discharges to stormwater, stormwater
conveyance systems, and/or receiving waters to the maximum extent
practicable.
Any waters of the state and any conveyance that would drain
to waters of the state.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
This article shall apply to all flows entering the storm drain
system generated on any developed and undeveloped lands unless explicitly
exempted by the Department of Public Works.
The Department of Public Works shall administer, implement,
and enforce the provisions of this article. Any powers granted or
duties imposed upon the Department of Public Works may be delegated
in writing by the Director of the Department of Public Works to persons
or entities acting in the beneficial interest of or in the employ
of the agency.
This article is not intended to modify or repeal any other ordinance,
rule, regulation, or other provision of law. The requirements of this
article are in addition to the requirements of any other ordinance,
rule, regulation, or other provision of law, and where any provision
of this article imposes restrictions different from those imposed
by any other ordinance, rule, regulation, or other provision of law,
whichever provision is more restrictive or imposes higher protective
standards for human health or the environment shall control.
The standards set forth herein and promulgated pursuant to this
article are minimum standards; therefore this article does not intend
or imply that compliance by any person will ensure that there will
be no contamination, pollution, or unauthorized discharge of pollutants.
A.
Prohibition of illegal discharges. No person shall throw, drain,
or otherwise discharge, cause, or allow others under its control to
throw, drain, or otherwise discharge into the MS4 any pollutants or
waters containing any pollutants, other than stormwater. The commencement,
conduct or continuance of any illegal discharge to the storm drain
system is prohibited except as described as follows:
(1)
The following discharges are exempt from discharge prohibitions established
by this article: water-line flushing, landscape irrigation, diverted
stream flows, rising ground waters, uncontaminated groundwater infiltration,
uncontaminated pumped groundwater, discharges from potable water sources,
foundation drains, air conditioning condensation, irrigation water,
springs, water from crawl space pumps, footing drains, lawn watering,
individual residential car washing, flows from riparian habitats and
wetlands, dechlorinated swimming pool discharges, and street wash
water.
(2)
Discharges or flow from firefighting, and other discharges specified
in writing by the Department of Public Works as being necessary to
protect public health and safety.
(3)
Discharges associated with dye testing; however, this activity requires
a verbal notification to the Department of Public Works prior to the
time of the test.
(4)
The prohibition shall not apply to any nonstormwater discharge permitted
under an NPDES permit, waiver, or waste discharge order issued to
the discharger and administered under the authority of the United
States Environmental Protection Agency (EPA), provided that the discharger
is in full compliance with all requirements of the permit, waiver,
or order and other applicable laws and regulations, and provided that
written approval has been granted for any discharge to the storm drain
system.
B.
Prohibition of illicit connections.
(1)
The construction, use, maintenance or continued existence of illicit
connections to the storm drain system is prohibited.
(2)
This prohibition expressly includes, without limitation, illicit
connections made in the past, regardless of whether the connection
was permissible under law or practices applicable or prevailing at
the time of connection.
(3)
A person is considered to be in violation of this article if the
person connects a line conveying sewage to the MS4, or allows such
a connection to continue.
(4)
Improper connections in violation of this article must be disconnected
and redirected, if necessary, to an approved onsite wastewater management
system or the sanitary sewer system upon approval of the Department
of Public Works.
(5)
Any drain or conveyance that has not been documented in plans, maps
or the equivalent, and which may be connected to the storm sewer system,
shall be located by the owner or occupant of that property upon receipt
of written notice of violation from the Department of Public Works
requiring that such locating be completed. Such notice will specify
a reasonable time period within which the location of the drain or
conveyance is to be determined, that the drain or conveyance be identified
as storm sewer, sanitary sewer or other, and that the outfall location
or point of connection to the storm sewer system, sanitary sewer system
or other discharge point be identified. Results of these investigations
are to be documented and provided to the Department of Public Works.
Every person owning property through which a watercourse passes,
or such person's lessee, shall keep and maintain that part of
the watercourse within the property free of trash, debris, excessive
vegetation, and other obstacles that would pollute, contaminate, or
significantly retard the flow of water through the watercourse. In
addition, the owner or lessee shall maintain existing privately owned
structures within or adjacent to a watercourse, so that such structures
will not become a hazard to the use, function, or physical integrity
of the watercourse.
A.
Submission of notice of intent to the Town of Bel Air.
(1)
Any person subject to an industrial or construction activity NPDES
stormwater discharge permit shall comply with all provisions of such
permit. Proof of compliance with said permit may be required in a
form acceptable to the Department of Public Works prior to the allowing
of discharges to the MS4.
(2)
The operator of a facility, including construction sites, required
to have an NPDES permit to discharge stormwater associated with industrial
activity shall submit a copy of the notice of intent (NOI) to the
Department of Public Works at the same time the operator submits the
original notice of intent to the EPA as applicable.
(3)
The copy of the notice of intent may be delivered to the Department
of Public Works either in person or by mailing it to:
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Notice of Intent to Discharge Stormwater
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Department of Public Works
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705 E. Churchville Road
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Bel Air, Maryland 21014
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(4)
A person commits an offense if the person operates a facility that
is discharging stormwater associated with industrial activity without
having submitted a copy of the notice of intent to do so to the Department
of Public Works.
A.
Right of entry: inspection and sampling. The Department of Public
Works shall be permitted to enter and inspect facilities subject to
regulation under this article as often as may be necessary to determine
compliance with this article.
(1)
If a discharger has security measures in force which require proper
identification and clearance before entry into its premises, the discharger
shall make the necessary arrangements to allow access to representatives
of the Department of Public Works.
(2)
Facility operators shall allow the Department of Public Works ready
access to all parts of the premises for the purposes of inspection,
sampling, examination and copying of records that must be kept under
the conditions of an NPDES permit to discharge stormwater, and the
performance of any additional duties as defined by state and federal
law.
(3)
The Department of Public Works shall have the right to set up on
any permitted facility such devices as are necessary in the opinion
of the Department of Public Works to conduct monitoring and/or sampling
of the facility's stormwater discharge.
(4)
The Department of Public Works has the right to require the discharger
to install monitoring equipment as necessary. The facility's
sampling and monitoring equipment shall be maintained at all times
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 their accuracy.
(5)
Any temporary or permanent obstruction to safe and easy access to
the facility to be inspected and/or sampled shall be promptly removed
by the operator at the written or oral request of the Department of
Public Works and shall not be replaced. The costs of clearing such
access shall be borne by the operator.
(6)
Unreasonable delays in allowing the Department of Public Works access
to a permitted facility is a violation of a stormwater discharge permit
and of this article. A person who is the operator of a facility with
an NPDES permit to discharge stormwater associated with industrial
activity commits an offense if the person denies the Department of
Public Works reasonable access to the permitted facility for the purpose
of conducting any activity authorized or required by this article.
B.
Search warrants. If the Department of Public Works has been refused
access to any part of the premises from which a flow is discharged,
and he/she is able to demonstrate probable cause to believe that there
may be a violation of this article, or that there is a need to inspect
and/or sample as part of a routine inspection and sampling program
designed to verify compliance with this article or any order issued
hereunder, or to protect the overall public health, safety, and welfare
of the community, then the Department of Public Works may seek issuance
of a search warrant from any court of competent jurisdiction.
A.
Department of Public Works will adopt requirements identifying Best
Management Practices for any activity, operation, or facility which
may cause or contribute to pollution or contamination of stormwater,
the storm drain system, or waters of the United States. The owner
or operator of such activity, operation, or facility shall provide,
at their own expense, reasonable protection from accidental discharge
of prohibited materials or other wastes into the municipal storm drain
system or watercourses through the use of these structural and nonstructural
BMPs.
B.
Further, any person responsible for a property or premise that is,
or may be, the source of an illicit discharge, may be required to
implement, at said person's expense, additional structural and
nonstructural BMPs to prevent the further discharge of pollutants
to the MS4. Compliance with all terms and conditions of a valid NPDES
permit authorizing the discharge of stormwater associated with industrial
activity, to the extent practicable, shall be deemed compliance with
the provisions of this section. These BMPs shall be part of a stormwater
management plan (SWMP) as necessary for compliance with requirements
of the NPDES permit.
Notwithstanding other requirements of law, as soon as any person
responsible for a facility or operation, or responsible for emergency
response for a facility or operation has information of any known
or suspected release of materials which are resulting or may result
in illegal discharges or pollutants discharging into stormwater, the
storm drain system, or waters of the United States, said person shall
take all necessary steps to ensure the discovery, containment, and
cleanup of such release. In the event of such a release of hazardous
materials said person shall immediately notify emergency response
agencies of the occurrence via emergency dispatch services. In the
event of a release of nonhazardous materials, said person shall notify
the Department of Public Works in person or by phone or facsimile
no later than the next business day. Notifications in person or by
phone shall be confirmed by written notice addressed and mailed to
the Department of Public Works within 10 business days of the phone
notice. If the discharge of prohibited materials emanates from a commercial
or industrial establishment, the owner or operator of such establishment
shall also retain an on-site written record of the discharge and the
actions taken to prevent its recurrence. Such records shall be retained
for at least three years. Failure to provide notification of a release
as provided above is a violation of this article.
A.
Violations. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this article. Any person who has violated or continues to violate the provisions of this article, may be subject to the enforcement actions outlined in this section or may be restrained by injunction or otherwise abated in a manner provided by law. In the event the violation constitutes an immediate danger to public health or public safety, the Department of Public Works is authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation and/or restore the property. The Department of Public Works is authorized to seek costs of the abatement as outlined in § 407-17.
B.
Warning notice. When the Department of Public Works finds that any
person has violated, or continues to violate, any provision of this
article, or any order issued hereunder, the Department of Public Works
may serve upon that person a written warning notice, specifying the
particular violation believed to have occurred and requesting the
discharger to immediately investigate the matter and to seek a resolution
whereby any offending discharge will cease. Investigation and/or resolution
of the matter in response to the warning notice in no way relieves
the alleged violator of liability for any violations occurring before
or after receipt of the warning notice. Nothing in this subsection
shall limit the authority of the Department of Public Works to take
any action, including emergency action or any other enforcement action,
without first issuing a warning notice.
C.
Notice of violation. Whenever the Department of Public Works finds
that a person has violated a prohibition or failed to meet a requirement
of this article, the Department of Public Works may order compliance
by written notice of violation to the responsible person. The notice
of violation shall contain:
(1)
The name and address of the alleged violator;
(2)
The address when available or a description of the building, structure
or land upon which the violation is occurring, or has occurred;
(3)
A statement specifying the nature of the violation;
(4)
A description of the remedial measures necessary to restore compliance
with this article and a time schedule for the completion of such remedial
action;
(5)
A statement of the penalty or penalties that shall or may be assessed
against the person to whom the notice of violation is directed;
(6)
A statement that the determination of violation may be appealed to
the Department of Public Works by filing a written notice of appeal
within 10 business days of service of notice of violation; and
(7)
A statement specifying that, should the violator fail to restore
compliance within the established time schedule, the work will be
done by a designated governmental agency or a contractor and the expense
thereof shall be charged to the violator. Such notice may require
without limitation:
(a)
The performance of monitoring, analyses, and reporting;
(b)
The elimination of illicit connections or discharges;
(c)
That violating discharges, practices, or operations shall cease
and desist;
(d)
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property;
(e)
Payment of a fine to cover administrative and remediation costs;
and
(f)
The implementation of source control or treatment BMPs.
D.
Compensatory action. In lieu of enforcement proceedings, penalties,
and remedies authorized by this article, the Department of Public
Works may impose upon a violator alternative compensatory actions,
such as storm drain stenciling, attendance at compliance workshops,
creek cleanup, etc.
E.
Suspension of MS4 access.
(1)
Emergency cease and desist orders. When the Department of Public
Works finds that any person has violated, or continues to violate,
any provision of this article, or any order issued hereunder, or that
the person's past violations are likely to recur, and that the
person's violation(s) has (have) caused or contributed to an
actual or threatened discharge to the MS4 or waters of the United
States which reasonably appears to present an imminent or substantial
endangerment to the health or welfare of persons or to the environment,
the Department of Public Works may issue an order to the violator
directing it immediately to cease and desist all such violations and
directing the violator to:
(a)
Immediately comply with all article requirements; and
(b)
Take such appropriate preventive action as may be needed to
properly address a continuing or threatened violation, including immediately
halting operations and/or terminating the discharge. Any person notified
of an emergency order directed to it under this subsection shall immediately
comply and stop or eliminate its endangering discharge. In the event
of a discharger's failure to immediately comply voluntarily with
the emergency order, the Department of Public Works may take such
steps as deemed necessary to prevent or minimize harm to the MS4 or
waters of the United States, and/or endangerment to persons or to
the environment, including immediate termination of a facility's
water supply, sewer connection, or other municipal utility services.
The Department of Public Works may allow the person to recommence
its discharge when it has demonstrated to the satisfaction of the
Department of Public Works that the period of endangerment has passed,
unless further termination proceedings are initiated against the discharger
under this article. A person that is responsible, in whole or in part,
for any discharge presenting imminent endangerment shall submit a
detailed written statement, describing the causes of the harmful discharge
and the measures taken to prevent any future occurrence, to the Department
of Public Works within 30 days of receipt of the emergency order.
Issuance of an emergency cease and desist order shall not be a bar
against, or a prerequisite for, taking any other action against the
violator.
(2)
Suspension due to illicit discharges in emergency situations. The
Department of Public Works may, without prior notice, suspend MS4
discharge access to a person when such suspension is necessary to
stop an actual or threatened discharge which presents or may present
imminent and substantial danger to the environment, or to the health
or welfare of persons, or to the MS4 or waters of the United States.
If the violator fails to comply with a suspension order issued in
an emergency, the Department of Public Works may take such steps as
deemed necessary to prevent or minimize damage to the MS4 or waters
of the United States, or to minimize danger to persons.
(3)
Suspension due to the detection of illicit discharge. Any person
discharging to the MS4 in violation of this article may have their
MS4 access terminated if such termination would abate or reduce an
illicit discharge. The Department of Public Works will notify a violator
of the proposed termination of its MS4 access. The violator may petition
the Department of Public Works for a reconsideration and hearing.
A person commits an offense if the person reinstates MS4 access to
premises terminated pursuant to this section, without the prior approval
of the Department of Public Works.
F.
Municipal infraction. In the event the alleged violator fails to
take the remedial measures set forth in the notice of violation or
otherwise fails to cure the violations described therein within 10
business days, or such greater period as the Department of Public
Works shall deem appropriate, the violation shall constitute a municipal
infraction and the violator shall be fined as provided in Chapter
I, Article II, of this Code for each day the violation remains unremedied
after receipt of the notice of violation.
G.
Criminal prosecution. Any person who is found guilty of violating
this article shall be guilty of a misdemeanor and shall be subject
to a criminal fine not exceeding $1,000 per violation per day and/or
imprisonment for a period not to exceed six months. Each act of violation
and each day upon which any violation shall occur shall constitute
a separate offense.
Any person receiving a notice of violation may appeal the determination
of the Department of Public Works. The notice of appeal must be received
within 10 business days from the date of the notice of violation.
Hearing on the appeal before the Town Administrator or his/her designee
shall take place within 30 days from the date of receipt of the notice
of appeal. The decision of the Town Administrator or his designee
shall be final.
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 30 days of the decision of the Town Administrator upholding
the decision of the Department of Public Works, then representatives
of the Department of Public Works shall enter upon the subject private
property and are authorized to take any and all measures necessary
to abate the violation and/or restore the property. It shall be unlawful
for any person, owner, agent or person in possession of any premises
to refuse to allow the government agency or designated contractor
to enter upon the premises for the purposes set forth above.
A.
Within 60 days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment within 10 business days. If the amount due is not paid within a timely manner as determined by the decision of the municipal authority or by the expiration of the time in which to file an appeal, the charges shall be assessed as a lien against the property to be collected pursuant to the provisions of Chapter 50, Finance and Taxation, § 50-3 of this Code.
B.
Any person violating any of the provisions of this article shall
become liable to the Town of Bel Air by reason of such violation.
The liability shall become due and payable 30 days from the billing
date and will incur interest at the rate of 1 1/2% per month
until paid.
In addition to the enforcement processes and penalties provided,
any condition caused or permitted to exist in violation of any of
the provisions of this article is a threat to public health, safety,
and welfare, and is declared and deemed a nuisance, and may be summarily
abated or restored at the violator's expense, and/or a civil
action to abate, enjoin, or otherwise compel the cessation of such
nuisance may be taken.
The remedies listed in this article are not exclusive of any
other remedies available under any applicable federal, state or local
law and it is within the discretion of the Department of Public Works
to seek cumulative remedies. The Department of Public Works may recover
all attorney's fees, court costs and other expenses associated
with enforcement of this article, including sampling and monitoring
expenses.
