Sewer service at any time is furnished only in accordance with
the Water and Sewer Ordinance of Charles County Government which is
made as a part of every application, contract, agreement or license
entered into between the property owner or customer and the County.
A.
Residential. Residential property owners desiring to connect to the County's sewer system shall complete the items in Subsection A(1) through (7) below:
(1)
There must be sewer lines available. The property owner can check
this by calling the Department of Planning and Growth Management.
(2)
If these facilities are available, the property owner must apply
for allocation approval and permission to connect to them on forms
which may be obtained at the Department of Planning and Growth Management.
(3)
The form must be completed and signed by both the property owner
and registered master plumber at the time of submission.
(4)
Upon approval of the application for service, the applicant must
pay to the County the connection charges and inspection fees in accordance
with the latest Fees and Charges Schedule. Once all fees are paid,
the application for utility service will be considered issued.
(5)
An application for utility service shall automatically become null
and void if the approved sewer utility is not commenced within six
months after a permit is issued. Furthermore, an application for sewer
utility service will be considered abandoned if, after the date of
filing, the application is not approved or issued within six months.
The connection and inspection fees will be refunded less an approved
administrative fee as determined by the County.
(6)
The County will build the connection from the main in the street
to your property line if the property is of residential use and built
prior to October 19, 1988. For residences built after October 19,
1988, the owner is responsible for the cost and installation. For
nonresidential projects, the developer must construct the tap (see
Appendices D-1 and D-2[1]).
[1]
Editor's Note: Said appendixes are included as attachments to this chapter.
(7)
All fees in effect at the time an application for utility service
form is received will be charged to the applicant.
B.
Residential: deferred payment of connection charges.
(1)
The owner of a single-family residence, which is occupied as a principal
residence by the owner thereof, and which was in existence and used
as a single-family residence at the time the sewer line and/or water
line became operational, to which connection is to be made, may be
permitted to connect to a sewer line and/or water line without making
payment of the connection charges subject to the following conditions:
(a)
That payment of at least 20% of the total water and/or sewer
connection fee be paid at the time the utility permit is issued and
that the balance of the water and/or sewer connection fee, plus interest,
shall be payable in four equal annual payments, the first of said
payments to be billed on the first annual anniversary date of the
executed agreement; or
(b)
That payment of at least 10% of the total water and/or sewer
connection fee be paid at the time the utility permit is issued and
that the balance of the water and/or sewer connection fee, plus interest,
shall be payable in nine equal annual payments, the first of said
payments to be billed on the first annual anniversary date of the
executed agreement; or
(c)
That payment of at least 10% of the total water and/or sewer
connection fee be paid at the time the utility permit is issued and
that the balance of the water and/or sewer connection fee, plus interest,
shall be payable in 14 equal annual payments, the first of said payments
to be billed on the first annual anniversary date of the executed
agreement.
(2)
The owner shall enter into a written agreement, which shall be recorded
among the Land Records of Charles County, Maryland, which shall be
in a form satisfactory to the County Attorney which shall set forth
the terms of payment and shall provide that upon the sale, transfer,
or conveyance, by any means whatsoever, of the property being connected
to sewer lines and/or water lines, or any part thereof, the balance
of the entire sewer and/or water connection fees shall immediately
become due and payable and that the owner grants to the County a lien
on the property being connected to sewer lines and/or water lines
upon terms which are acceptable to the County Commissioners. The agreement
may also provide that if payment of any installment of a deferred
connection fee is not made within 30 days after the mailing of a statement
therefor by the County, the County shall have the absolute right to
immediately terminate sewer service to the property.
(3)
This shall not be construed to permit installment payment of the
connection fee for connection to only a water line.
(4)
The rate of interest and terms of repayment shall be established
quarterly by the Director for Fiscal and Administrative Services of
Charles County. The Director for Fiscal and Administrative Services
shall establish the interest rate based upon the published prime rate
plus points. The number of points to be added to the prime rate is
dependent on the percentage of down payment paid at the time the utility
permit is issued and the life of the loan.
C.
Industrial and commercial.
(1)
Industrial and commercial establishments desiring to connect to the
County sewerage system, in addition to making written application
for such services shall furnish a detailed description as to type
of public building, commercial or industrial establishment to be served,
together with a list setting forth the number and type of fixtures
served.
(2)
Such industrial and commercial applicants shall also furnish to the
County at least one copy of a detail plan showing:
D.
Other: deferred payment of connection charges.
(1)
The owner of an improved parcel of property (which is not a single-family
residence which is the principal residence of the owner) which is
under an order of the Maryland Department of the Environment to connect
to a sewer line may be permitted to connect to a sewer line and/or
water line without making payment of the connection charges subject
to the following conditions:
(a)
Payment of at least 20% of the total water and/or sewer connection
fee shall be paid at the time the utility permit is issued and the
balance of the water and/or sewer connection fee, plus interest, shall
be payable in four equal annual payments, the first of said payments
to be billed on the first anniversary date of the executed agreement,
or, in the alternative, payment of at least 10% of the total water
and/or sewer connection fee be paid at the time the utility permit
is issued and the balance of the water and/or sewer connection fee,
plus interest shall be payable in nine or 14 equal annual payments,
the first of said payments to be billed on the first anniversary date
of the executed agreement.
(b)
Payment of at least 20% of the total water and/or sewer connection
fee shall be paid at the time the utility permit is issued and the
balance of the water and/or sewer connection fee, plus interest, shall
be payable in equal quarterly payments over a four-year period, the
first of said payments to be billed on the first quarterly sewer service
bill after the date of the executed agreement, or, in the alternative,
payment of at least 10% of the total water and/or sewer connection
fee be paid at the time the utility permit is issued and the balance
of the water and/or sewer connection fee, plus interest, shall be
payable in equal quarterly payments over a nine- or fourteen-year
period, the first of said payments to be billed on the first quarterly
sewer service bill after the date of the executed agreement.
(c)
The owner of such improved property (which is not a single-family
residence which is the principal residence of the owner) shall enter
into a written agreement which shall be recorded among the Land Records
of Charles County, Maryland, shall be in a form satisfactory to the
County Attorney and shall set forth the terms of payment and shall
provide that upon the sale, transfer, or conveyance of the property
being connected to sewer and/or water lines, or any part thereof,
by any means whatsoever, the balance of the entire sewer and/or water
connection fees shall immediately become due and payable and that
the owner grants to the County a lien on the property being connected
to sewer and/or water lines upon terms which are acceptable to the
County Commissioners. The agreement may also provide that if payment
of any installment of a deferred connection fee is not made within
30 days after the mailing of a statement therefor by the County, the
County shall have the absolute right to immediately terminate sewer
service to the property.
(2)
This section shall not be construed to permit installment payment
of the connection fee for connection to only a sewer line. Similarly,
this section shall not be construed to permit installment payment
of the connection fee for new development or construction.
(3)
The rate of interest and terms of repayment shall be established
quarterly by the Director for Fiscal and Administrative Services of
Charles County. The Director for Fiscal and Administrative Services
shall establish the interest rate based upon the published prime rate
plus points. The number of points to be added to the prime rate is
dependent on the percentage of down payment paid at the time the utility
permit is issued and the life of the loan.
E.
Entrance to sewer system.
(1)
Only authorized agents of the County may remove manhole covers for
the purpose of entrance for maintenance, inspection, stoppage removal,
etc.
(2)
Engineering or surveying firms wishing to perform inspection or as-built
surveying of sewer systems must first notify the County. Anyone who
removes a manhole cover of the County shall be liable according to
the Statutes of the Annotated Code of Maryland and the Public Local
Laws of Charles County.
The connection charge for each new sewer installation directly
connected to the sewer line owned by the County shall be in accordance
with the latest Fees and Charges Schedule as shown in Appendixes D-1
and D-2.[1] Lines that serve two or more properties will be dedicated
to the County.
A.
The applicant will furnish and install all new connections to County
sewer lines for all projects only after issuance of a permit from
the County.
(1)
The applicant desiring such sewer service line shall pay to the County
the scheduled fee in accordance with the latest fees and charges schedule.
B.
All sewer lines from the right-of-way or easement line to the premises
served, whether located in private right-of-ways or in streets, shall
be constructed at the expense of and by the applicant, and shall be,
and remain, the property of the applicant, and shall be maintained
by them in good condition and repair under penalty of continuance
of service by the County. It is the responsibility of the customer
to ascertain that a party or parties engaged by the customer to repair
the sewer line from the right-of-way or easement line to the customer's
premises, notify the County and obtain a utility permit prior to starting
any repair work.
C.
The repair and maintenance of all sewer lines from the sewer main
to the limit of the public right-of-way or easement line will remain
the responsibility of the County.
For maintenance of sewer services without clean-outs installed
at the property line the following shall apply:
(1)
The County may not enter onto private property to correct any problem.
(2)
If it cannot be determined whether the problem is located within
the public right-of-way or easement the property owner must contact
a plumber to correct the problem, at the expense of the property owner.
(3)
If it is determined that the problem was located within public right-of-way
or easement, the County will reimburse the property owner upon verification
of responsibility and submittal of a paid invoice from the plumber.
(4)
The County will install a clean-out at the public right-of-way line
or easement line at the expense of the County.
D.
Specifications covering the construction of sewer lines.
(1)
Sewer service connections must be constructed according to this chapter,
and the latest version of the Standards and Specifications for Construction
Manual and the latest version of the Standard Detail Manual. Special
attention is directed to the fact that all negotiations required to
permit the construction of sewer service lines from the applicant's
property through private property to the lines owned and operated
by the County must be carried out at the applicant's own time
and expense.
(2)
Services to establishments, such as public buildings, churches, apartments,
buildings, commercial and industrial establishments, shall be installed
on the basis of respective detail installation plans and specifications
furnished by the applicant and approved by the County.
(3)
All work performed by the applicant must meet all the local and state
regulations and rules and prevailing plumbing codes of the area in
which the work is performed.
(4)
Sewer services shall be installed only by state-registered master
plumbers from the right-of-way or easement line to the building.
(5)
No service connection or any part thereof will be backfilled until
inspected and approved in writing by the authorized County representative.
(6)
Any rejected work will be promptly corrected to the satisfaction
of the authorized County representative.
(7)
Whenever it shall be found that a service installation has been made
contrary to this chapter and County specifications or in any manner
other than that approved by the County, the service shall be disconnected
and removed. Service shall not again be supplied until the service
installation is made according to this chapter and County specifications,
and all expenses and damages shall be paid by the applicant or their
successors.
(8)
Sewer service lines shall be installed at a depth not less than 42
inches.
(9)
Clean-out plugs/caps will be installed per this chapter, Charles
County Standard Specs and Charles County Standard Details.
(10)
No storm drains are allowed to be connected into the public
sewer system.
(11)
No basement drains may be connected directly or through sump
pump operation into the public sewer system.
(12)
All sewer connections and requirements must be in accordance
with the State Plumbing Code of Maryland, and this chapter.
[1]
Editor's Note: Said appendixes are included as attachments to this chapter.
A.
The sewer charges for the County are based on water usage. Bills
for sewer charges are payable within 30 days from the billing date.
A bill which is not paid within 30 days becomes delinquent and shall
be charged a penalty as established by the County. A bill which remains
unpaid 10 days after the due date will result in termination of water
and/or sewer service to the premises.
B.
A bill for sewer service is mailed directly to the property owner
who is primarily responsible for payment, or, if the property is leased,
to the agent or tenant if requested in writing by the property owner.
A.
The County representatives shall have access upon notice at all reasonable
hours to the premises supplied with sewer for the purpose of making
necessary inspections.
B.
The County will presume service is being rendered from the time the
sewer is connected, at the request of the customer, until said customer
gives written notice to the County to discontinue the service, and
charges will be made accordingly.
Each sewage service customer shall be notified, in conjunction
with a regular bill and not less than once every year, of the charges
for operation and maintenance of the sewage service system, i.e.,
the sewage charge and the sewage commodity charge.
A.
General provisions.
(1)
Purpose and policy.
(a)
This section sets forth uniform requirements for direct and
indirect contributors who discharge into the wastewater collection
and treatment systems operated by the Charles County Department of
Public Works. The section enables the County to comply with all applicable
state and federal laws required by the Clean Water Act (33 U.S.C.
§ 1251 et seq.) and the General Pretreatment Regulations
(40 CFR 403).
(b)
The objectives of this section are:
[1]
To prevent the introduction of pollutants into the publicly
owned treatment works that will interfere with its operation;
[2]
To prevent the introduction of pollutants into the publicly
owned treatment works that will pass through the publicly owned treatment
works, inadequately treated, into receiving waters, or otherwise be
incompatible with the publicly owned treatment works;
[3]
To protect the publicly owned treatment works personnel who
may be affected by wastewater and sludge in the course of their employment
and to protect the general public;
[4]
To improve the opportunity to recycle and reclaim wastewaters
and sludges from the systems;
[5]
To provide for equitable distribution of the costs of the County's
wastewater systems.
[6]
To enable the County to comply with its National Pollutant Discharge
Elimination System permit conditions, sludge use and disposal requirements,
and any other federal or state laws to which the publicly owned treatment
works is subject.
(2)
Administration. Except as otherwise provided herein, Charles County
shall administer, implement, and enforce the provisions of this section.
Any powers granted to or duties imposed upon Charles County may be
delegated by the County Commissioners to other County personnel.
B.
General sewer use requirements.
(1)
Prohibited discharge standards.
(a)
General prohibitions. No user shall introduce or cause to be
introduced into the POTW any pollutant or wastewater which causes
pass-through or interference. These general prohibitions apply to
all users of the POTW whether or not they are subject to categorical
pretreatment standards or any other national, state, or local pretreatment
standards or requirements.
(b)
Specific prohibitions. No user shall introduce or cause to be
introduced into the POTW the following pollutants, substances, or
wastewater:
[1]
Pollutants which create a fire or explosive hazard in the POTW,
including, but not limited to, waste streams with a closed-cup flashpoint
of less than 140° F. (60° C.) using the test methods specified
in 40 CFR 261.21;
[2]
Wastewater having a pH less than 5.0 or greater than 10.0, or
otherwise causing corrosive structural damage to the POTW or equipment;
[3]
Solid or viscous substances in amounts which will cause obstruction
of the flow in the POTW resulting in interference but in no case two
inches in any dimension;
[4]
Pollutants, including oxygen-demanding pollutants (BOD, etc.),
released in a discharge at a flow rate and/or pollutant concentration
which, either singly or by interaction with other pollutants, will
cause interference with the POTW;
[5]
Wastewater having a temperature greater than 130° F. (55°
C.), or which will inhibit biological activity in the treatment plant
resulting in interference, but in no case wastewater which causes
the temperature at the introduction into the treatment plant to exceed
104° F. (40° C.);
[6]
Petroleum oil, nonbiodegradable cutting oil, or products of
mineral oil origin in amounts that will cause interference or pass
through;
[7]
Fats, oils, or greases of animal or vegetable origin in concentrations
greater than 150 mg/l;
[8]
Pollutants which result in the presence of toxic gases, vapors,
or fumes within the POTW in a quantity that may cause acute worker
health and safety problems;
[9]
Any trucked or hauled pollutants, except at discharge points designated by the County, in accordance with § 291-36C(4) of this section;
(2)
National categorical pretreatment standards. The categorical pretreatment
standards found at 40 CFR Chapter I, Subchapter N, Parts 405 through
471 are hereby incorporated.
(3)
State pretreatment standards. State pretreatment standards located
at COMAR 26.08.01 are hereby incorporated.
(4)
Local limits.
(a)
The following pollutant limits are established to protect against
pass-through and interference. No person shall discharge wastewater
containing in excess of the following (daily maximums):
|
Parameter
|
Daily Maximum
(mg/l)
| |
|---|---|---|
|
Total Arsenic
|
3.45
| |
|
Total Cadmium
|
1.37
| |
|
Total Chromium
|
1.78
| |
|
Total Copper
|
2.14
| |
|
Total Cyanide
|
0.94
| |
|
Total Lead
|
5.01
| |
|
Total Mercury
|
0.008
| |
|
Total Nickel
|
36.94
| |
|
Total Silver
|
0.45
| |
|
Total Zinc
|
1.21
| |
|
Total Molybdenum
|
0.25
| |
|
Total Selenium
|
0.05
| |
|
BOD5
|
350
| |
|
Total Suspended Solids
|
400
| |
|
Ammonia
|
45
|
(b)
The above limits apply at the point where the wastewater is
discharged to the POTW. The County may impose mass limitations in
addition to, or in place of, the concentration-based limitations above.
(5)
Surcharges for excessive strength wastewater.
(a)
Wastewater with compatible pollutants exceeding the following concentrations may be discharged with the permission of the County if, in the County's opinion, the prohibited discharge standards as listed in § 291-36B(1) are met. Such discharges may be subject to surcharges for extra-strength wastewater, as set forth below.
|
Parameter
|
Maximum Average without Surcharge
(mg/l)
| |
|---|---|---|
|
Phosphorus
|
10.0
|
(b)
The County may establish a system of user surcharges that are:
[1]
Based on the treatment costs for compatible pollutants, in order
to recover the actual cost of treatment of excessive strength waste
introduced into the collection system by users, these treatment costs
will be as set forth in the County's Schedule of Fees and Charges.
[2]
The surcharge shall be calculated in accordance with the formula
below:
|
Sewer use surcharge (S)=V X 8.34 [FP(AP-10.0)]
| |||
|
V
|
=
|
the volume of the sewage in millions of gallons discharged by
a public sewer system user during the billing period.
| |
|
Fp
|
=
|
the sewer use surcharge rate for total phosphorus (TP) expressed
in dollars/pound.
| |
|
Ap
|
=
|
the average daily concentration of TP constituents in the sewage
discharged expressed in mg/l.
| |
|
10.0
|
=
|
the maximum daily concentration (mg/l) of TP in the sewage discharged
for which a sewer use surcharge is not required for that sewage parameter.
| |
|
The term "FP(AP-10.0)" in the above formula: only if the term
has a positive values for the sewage discharged shall it be used in
the computation of the sewer use surcharge.
| |||
[a]
The flow rate will be from the County's water
consumption meter readings, unless a sewage flow meter has been approved
for use by the County. If no water or sewer meter is available, the
average flow rate used by the County for flat rate sewage billing
purposes will be used.
[b]
The average actual concentration will be the average
of testing results on pollutant samples taken during the period used
to determine the flow rate.
[3]
The surcharges may be invoiced on a monthly or quarterly basis
depending on flow meter reading intervals.
(6)
County's right of revision. The County reserves the right to
establish by the ordinance or discharge permit more stringent limitations,
requirements, or prohibition on discharges to the POTW if deemed necessary
to comply with general pretreatment regulations (40 CFR 403).
(7)
Dilution. No user shall ever increase the use of process water, or
in any way attempt to dilute a discharge, as a partial or complete
substitute for adequate treatment to achieve compliance with a discharge
limitation unless expressly authorized by an applicable pretreatment
standard or requirement. The County may impose mass limitations on
users who are using dilution to meet applicable pretreatment standards
or requirements, or in other cases when the imposition of mass limitations
is appropriate.
C.
Pretreatment of wastewater.
(1)
Pretreatment facilities.
(a)
Users shall provide wastewater treatment as necessary to comply with this chapter and shall achieve compliance with the Federal General Pretreatment Standards, any applicable categorical pretreatment standards, local limits, and the prohibitions set out in § 291-36B(1) of this section within the time limitations specified by the EPA, state, or the County, whichever is more stringent.
(b)
Any facilities necessary for compliance shall be provided, operated,
and maintained at the user's expense. Detailed plans describing
such facilities and operating procedures shall be submitted to the
County for review, and shall be acceptable to the County before such
facilities are constructed. The review of such plans and operating
procedures shall in no way relieve the user from the responsibility
of modifying such facilities as necessary to produce a discharge acceptable
to the County under the provisions of this section.
(2)
Additional pretreatment measures.
(a)
The County may require any person discharging into the POTW
to install and maintain, on their property and at their expense, a
suitable storage and flow-control facility to ensure equalization
of flow. A wastewater discharge permit may be issued solely for flow
equalization.
(b)
Grease, oil, and sand interceptors shall be provided when, in
the opinion of the County, they are necessary for the proper handling
of wastewater containing excessive amounts of grease and oil, or sand;
except that such interceptors shall not be required for residential
users. All interception units shall be of type and capacity approved
by the County and shall be so located to be easily accessible for
cleaning and inspection. Such interceptors shall be inspected, cleaned,
and repaired regularly, as needed, by the user at their expense.
(3)
Accidental discharge/slug control plans.
(a)
Industrial users shall provide protection from accidental discharge
of materials which may interfere with the POTW by developing spill
prevention plans. Facilities necessary to implement these plans shall
be provided and maintained at the owner's or industrial user's
expense. Spill prevention plans, including the facilities and the
operating procedures, shall be approved by the County before construction
of the facility.
(b)
Industrial users that store hazardous substances shall not contribute
to the POTW after the effective date of this section unless a spill
prevention plan has been approved by the County. Approval of such
plans shall not relieve the industrial user from complying with all
other laws and regulations governing the use, storage, and transportation
of hazardous substances.
(c)
The County may require any user to develop, submit for approval,
and implement an accidental discharge/slug control/spill prevention
plan. Alternately, the County may develop such a plan for any user.
At a minimum, an accidental discharge/slug control/spill prevention
plan shall address the following:
[1]
Description of discharge practices, including non-routine batch
discharges;
[2]
Description of stored chemicals;
[3]
Procedures for immediately notifying the County of any accidental or slug discharge, or any spill as required by § 291-36F(6) of this section;
[4]
Procedures to prevent adverse impact from any accidental or
slug discharge or spill. Such procedures include, but are not limited
to, inspection and maintenance of storage areas, handling and transfer
of materials, loading and unloading operations, control of plant site
runoff, worker training, building of containment structures or equipment,
measures for containing toxic organic pollutant, including solvents,
and/or measures and equipment for emergency response.
(4)
Hauled wastewater.
(a)
Septic tank waste may be introduced into the POTW only at locations designated by the County, and at such times as are established by the County. Such waste shall not violate § 291-36B(1) of this section or any other requirements established by the County. The County may require septic tank waste haulers to obtain wastewater discharge permits.
(b)
The County may require generators of hauled industrial waste
to obtain wastewater discharge permits. The County also may prohibit
the disposal of hauled industrial waste. The discharge of hauled industrial
waste is subject to all other requirements of this section.
(c)
Industrial waste haulers may discharge loads only at locations
designated by the County. No load may be discharged without prior
consent of the County. The County may collect samples of each hauled
load to ensure compliance with applicable standards. The County may
require the industrial waste hauler to provide a waste analysis of
any load prior to discharge.
(d)
Industrial waste haulers must provide a waste-tracking form
for every load. This form shall include, at a minimum, the name and
address of the industrial waste hauler, permit number, truck identification,
names and addresses of sources of waste, and volume and characteristics
of waste. The form shall identify the type of industry, known or suspected
waste constituents, and whether any wastes are RCRA hazardous wastes.
(5)
Best management practices.
(a)
In circumstances where, upon the finding of and in the sole opinion of the Department of Public Works, the installation and operation of pretreatment measures, devices or facilities is impractical, the County may, at its sole discretion, require the user to develop, adopt, implement, periodically review and revise a best management practices (BMP) plan as a means of preventing conventional pollutants as listed in § 291-36B(1), including fats, oils and greases (FOG), from entering the sewer system.
(b)
All BMPs shall contain an employee training component including
levels of training, management and employer evaluation of effectiveness.
All new employees shall be trained on the required BMPs before they
may be allowed to work in the facility. The employer shall maintain
a contemporaneous record of all individuals, training and evaluated
proficiencies. Failure to maintain records shall be cause for the
immediate revocation of the BMP waiver and shall require immediate
installation of full pretreatment facilities.
(c)
All BMPs shall be approved by the County pretreatment specialist
prior to implementation of the BMP or any proposed device contained
therein.
(d)
BMPs shall not be the control mechanism of first choice, but rather, may only be proposed when normal pretreatment controls are not practical or impose severe hardship on the user. The required level of pretreatment and the approved corresponding pretreatment device(s) shall be identified prior to approval of the BMP waiver so that, if it should become necessary to revoke the BMP waiver under Subsection C(5)(b) or (f), the level of pretreatment is already known and approved.
(e)
BMPs shall never be proposed or used to satisfy categorical
industrial user or significant industrial user pretreatment limitations.
(f)
If, after periodic review following implementation of the BMP
plan, the BMP plan does not appear, in the sole opinion of the Department
of Public Works and not withstanding any previous agreements to the
contrary, to achieve the goal of preventing pollutants from entering
the County's sewer system, the County reserves the right to require
the installation of full pretreatment control measures, devices or
facilities to achieve pretreatment limits or goals.
D.
Wastewater discharge permit application.
(1)
Wastewater analysis. When requested by the County, a user must submit
information on the nature and characteristics of its wastewater, within
a time frame specified by the County.
(2)
Wastewater discharge permit application requirement.
(a)
The following users are required to apply for a wastewater discharge
permit:
[1]
Any user whose discharge would be in violation of § 291-36B(1) if they had no permit;
[2]
Any significant industrial user;
[3]
Any user subject to a national categorical pretreatment standard;
[4]
Any user required by state pretreatment requirements to obtain
a permit;
[5]
Any user providing pretreatment;
[6]
Any other user directed by the County to apply for a permit.
(b)
Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this section and subjects the permittee to the sanctions set out in § 291-36I, J and K of this section. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state, and local law.
(3)
Wastewater discharge permitting: existing connections. Any users required to obtain a wastewater discharge permit who were discharging into the POTW prior to the effective date of this section and who wishes to continue such discharges in the future, shall, within 90 days after said date, apply to the County for a wastewater discharge permit in accordance with § 291-36D(5) of this section, and shall not cause or allow discharges to the POTW to continue after 180 days of the effective date of this section except in accordance with a wastewater discharge permit issued by the County.
(4)
Wastewater discharge permitting: new connections. Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with § 291-36D(5) of this section must be filed at least 90 days prior to the date upon which any discharge will begin or recommence.
(5)
Wastewater discharge permit application contents. All users required
to obtain a wastewater discharge permit must submit a permit application.
The County may require all users to submit as part of an application
the following information:
(b)
SIC number according to the Standard Industrial Classification
Manual, issued by the Executive Office of the President, Office of
Management and Budget, 1972;
(c)
Wastewater constituents and characteristics including but not limited to those mentioned in § 291-36B(1);
(d)
Time and duration of contribution;
(e)
Average daily and thirty-minute peak wastewater flow rates,
including daily, monthly and seasonal variations if any;
(f)
Site plans, floor plans, mechanical and plumbing plans along
with details to show all sewers, sewer connections, and appurtenances
by the size, location, and elevation;
(g)
Description of activities, facilities and plant processes on
the premises including all materials which are or could be accidently
or intentionally be discharged to the POTW.
(h)
Each product by type, amount, process or processes, and a rate
of production;
(i)
Type and amount of raw materials processes (average and maximum
per day);
(j)
Number and type of employees, hours of operations, and proposed
or actual hours of discharge;
(k)
Any other information as may be deemed necessary by the County
to evaluate the permit application.
(6)
Application signatories and certification. All wastewater discharge
permit applications and user reports must be signed by an authorized
representative of the user and contain the following certification
statement:
"I certify under penalty of law that this document and all attachments
were prepared under my direction or supervision in accordance with
a system designed to assure that qualified personnel properly gather
and evaluate the information submitted. Based on my inquiry of the
person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted
is, to the best of my knowledge and belief, true, accurate, and complete.
I am aware that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for
knowing violations."
(7)
Permit decisions. The County will evaluate the date furnished by
the user and may require additional information, to determine whether
or not to issue a wastewater discharge permit. The County may deny
any application for a wastewater discharge permit.
E.
Wastewater discharge permit issuance process.
(1)
Wastewater discharge permit duration. A wastewater discharge permit shall be issued for a specified time period, not to exceed five years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five years, at the discretion of the County. Each wastewater discharge permit will indicate a specific date upon which it will expire. The user shall reapply for permit reissuance at least 180 days prior to the expiration of the user's existing permit in accordance with § 291-36E(3).
(2)
Wastewater discharge permit contents.
(a)
Permit(s) shall contain the following:
[1]
A statement of duration;
[2]
A statement of nontransferability without prior notification to the County in accordance with § 291-36E(5) of this section, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
[3]
Effluent limitations based on applicable pretreatment standards;
[4]
Self-monitoring, sampling, reporting, notification, and recordkeeping
requirements. These requirements shall include an identification of
pollutants to be monitored, sampling location, sampling frequency,
and sample type based on federal, state, and County law.
(b)
A wastewater discharge permit may contain, but not be limited
to, the following conditions:
[1]
Limits on the average and/or maximum rate of discharge, time
of discharge, and/or requirements for flow regulation and equalization;
[2]
Requirements for the installation of pretreatment technology,
pollution control, or construction of appropriate containment devices,
designed to reduce, eliminate, or prevent the introduction of pollutants
into the POTW;
[3]
Requirements for the development and implementation of spill
control plans or special conditions including management practices
necessary to adequately prevent accidental, unanticipated, or non-routine
discharges;
[4]
Development and implementation of waste minimization plans to
reduce the amount of pollutants discharged to the POTW;
[5]
The unit charge or schedule of user charges and fees for the
management of the wastewater discharged to the POTW;
[6]
Requirements for installation and maintenance of inspection
and sampling facilities and equipment;
[7]
Compliance schedules;
[8]
A statement that compliance with the wastewater discharge permit
does not relieve the permittee of responsibility for compliance with
all applicable federal and state pretreatment standards, including
those which become effective during the term of the wastewater discharge
permit; and
[9]
Other conditions as deemed appropriate by the County to ensure
compliance with this section, and state and federal laws, rules and
regulations.
(3)
Permit reissuance/reapplication.
(a)
A user with an expiring wastewater discharge permit shall apply for a new wastewater discharge permit by submitting a complete permit application, in accordance with § 291-36E(1) of this section, a minimum of 180 days prior to the expiration of the user's existing wastewater discharge permit. If the user complies with the above requirements and through no fault of the user the County is unable to reissue a new permit prior to the expiration date of the existing permit, the user's expired wastewater discharge permit shall remain in full effect until the new permit is issued, but not to exceed six months.
(b)
A user must reapply for a wastewater discharge permit when the
mass loading of pollutants in the permitted discharge exceeds the
permit limitations by 10%.
(c)
A user may reapply for a wastewater discharge permit when the
user believes that some of the permit limitations and/or requirements
are no longer applicable.
(4)
Wastewater discharge permit appeals. Any person, including the user,
may petition to reconsider the terms of a wastewater discharge permit
within 30 days of issuance to the Director of Public Works. Failure
to submit a timely petition shall be deemed to be a waiver of the
administrative appeal. In its petition, the appealing party must indicate
the wastewater discharge permit provisions being objected to, the
reasons for this objection, and the alternative condition, if any,
it seeks to place in the wastewater discharge permit. The effectiveness
of the wastewater discharge permit shall not be stayed pending the
appeal. If the County fails to act within 30 days, a request for reconsideration
shall be deemed to be denied. Decisions not to reconsider a wastewater
discharge permit, not to issue a wastewater discharge permit, or not
to modify a wastewater discharge permit shall be considered final
administrative actions for purpose of judicial review.
(5)
Permit modifications. The County may modify a wastewater discharge
permit for a good cause, including, but not limited to, the following:
(a)
To incorporate any new or revised federal, state, or local pretreatment
standards or requirements;
(b)
To address significant alternations or additions to the user's
operation, process, or wastewater volume or character since the time
of wastewater discharge permit issuance;
(c)
A change in the POTW that requires either a temporary or permanent
reduction or elimination of the authorized discharge;
(d)
Information indicating that the permitted discharge poses a
threat to the County's POTW, County personnel, or the receiving
waters;
(e)
Violation of any terms or conditions of the wastewater discharge
permit;
(f)
Misrepresentations or failure to fully disclose all relevant
facts in the wastewater discharge permit application or in any required
reporting;
(g)
Revision of or a grant of variance from categorical pretreatment
standards pursuant to 40 CFR 403.13;
(h)
To correct typographical or other errors in the wastewater discharge
permit;
(i)
To reflect a transfer of the facility ownership or operation
to a new owner or operator.
(6)
Wastewater discharge permit transfer.
(a)
Wastewater discharge permits may be transferred to a new owner
or operator only if the permittee gives at least 30 days advance notice
to the County and the County approves the wastewater discharge permit
transfer in writing. The notice to the County must include a written
certification by the new owner or operator which:
(b)
Failure to provide advance notice of a transfer renders the
wastewater discharge permit void as of the date of facility transfer.
(7)
Wastewater discharge permit revocation.
(a)
The County may revoke a wastewater discharge permit for good
cause, including, but not limited to, the following reasons:
[1]
Failure to notify the County of significant changes to the wastewater
prior to the changed discharge;
[2]
Failure to provide prior notification to the County of changed conditions pursuant to § 291-36E(4) of this section;
[3]
Misrepresentation or failure to fully disclose all relevant
facts in the wastewater discharge permit application;
[4]
Falsifying self-monitoring reports;
[5]
Tampering with monitoring equipment;
[6]
Refusing to allow the County timely access to the facility premises
and records;
[7]
Failure to meet effluent limitations;
[8]
Failure to pay fines;
[9]
Failure to pay sewer charges;
[10]
Failure to meet compliance schedules;
[11]
Failure to complete a wastewater survey or the
wastewater discharge permit application;
[12]
Failure to provide advance notice of the transfer
of business ownership of a permitted facility; or
[13]
Violation of any pretreatment standard or requirement,
or any terms of the wastewater discharge permit or this section.
(b)
Wastewater discharge permits shall be voidable upon cessation
of operations or transfer of business ownership. All wastewater discharge
permits issued to a particular user are void upon the issuance of
a new wastewater discharge permit to that user.
(8)
Regulation of waste received from other jurisdictions.
(a)
If another municipality, or user located within another municipality,
contributes wastewater to the POTW, the County shall enter into an
interjurisdictional agreement with the contributing municipality.
(b)
Prior to entering into an agreement required by Subsection E(8)(a), above, the County shall request the following information from the contributing municipality:
(c)
An interjurisdictional agreement, as required by Subsection E(8)(a), above, shall contain the following conditions:
[1]
A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this section and local limits which are at least as stringent as those set out in § 291-36B(4) of this section. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the County's ordinance or local limits;
[2]
A requirement for the contributing municipality to submit a
revised user inventory on at least an annual basis;
[3]
A provision specifying which pretreatment implementation activities,
including wastewater discharge permit issuance, inspection and sampling,
and enforcement, will be conducted by the contributing municipality;
which of these activities will be conducted by the County; and which
of these activities will be conducted jointly by the contributing
municipality and the County;
[4]
A requirement for the contributing municipality to provide the
County with access to all information that the contributing municipality
obtains as part of its pretreatment activities;
[5]
Limits on the nature, quality, and volume of the contributing
municipality's wastewater at the point where it discharges to
the POTW;
[6]
Requirements for monitoring the contributing municipality's
discharge;
[7]
A provision ensuring the County access to the facilities of
users located within the contributing municipality's jurisdictional
boundaries for the purpose of inspection, sampling, and any other
duties deemed necessary by the County; and
[8]
A provision specifying remedies available for breach of the
terms of the interjurisdictional agreement.
F.
Reporting requirements.
(1)
Baseline monitoring report.
(a)
Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the County a report which contains the information listed in Subsection F(1)(b) below. At least 90 days prior to commencement of their discharge; new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the County a report which contains the information listed in Subsection F(1)(b) below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
(b)
Users described above shall submit the information set forth
below.
[1]
Identifying information. The name and address of the facility,
including the name of the operator and owner.
[2]
Environmental permits. A list of any environmental control permits
held by or for the facility.
[3]
Description of operations. A brief description of the nature,
average rate of production, and standard industrial classifications
of the operation(s) carried out by such user. This description should
include a schematic process diagram which indicates points of discharge
to the POTW from the regulated processes.
[4]
Flow measurement: Information showing the measured averaged
daily and maximum daily flow, in gallons per day, to the POTW from
regulated process streams and other streams, as necessary, to allow
use of the combined wastestream formula set out in 40 CFR 403.6(e).
[5]
Measurement of pollutants:
[a]
The categorical pretreatment standards applicable
to each regulated process.
[b]
The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the County, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in § 291-36F(10) of this Section.
[c]
Sampling must be performed in accordance with procedures set out in § 291-36F(11) of this section.
[6]
Certification: A statement, reviewed by the user's authorized
representative and certified by a qualified professional, indicating
whether pretreatment standards are being met on a consistent basis,
and, if not, whether additional operation and maintenance (O&M)
and/or additional pretreatment is required to meet the pretreatment
standards and requirements.
[7]
Compliance schedule: If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in § 291-36F(2) of this section.
[8]
Signature and certification: All baseline monitoring reports must be signed and certified in accordance with § 291-36D(6) of this section.
(2)
Compliance schedule progress reports. The following conditions shall apply to the compliance schedule required by § 291-36F(1)(b)[7] of this section:
(a)
The schedule shall contain progress increments in the form of
dates for the commencement and completion of major events leading
to the construction and operation of additional pretreatment required
for the user to meet the applicable pretreatment standards (such events
include, but are not limited to, hiring an engineer, completing preliminary
and final plans, executing contracts for major components, commencing
and completing construction, and beginning and conducting routine
operation);
(b)
No increment referred to above shall exceed nine months;
(c)
The user shall submit a progress report to the County no later
than 14 days following each date in the schedule and the final date
of compliance including, as a minimum, whether or not it complied
with the increment of progress, the reason for any delay, and, if
appropriate, the steps being taken by the user to return to the established
schedule; and
(d)
In no event shall more than nine months elapse between such
progress reports to the County.
(3)
Reports on compliance with categorical pretreatment standard deadline: Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the County a report containing the information described in § 291-36F(1)(b)[1] through [6] of this section. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with § 291-36D(6) of this section.
(4)
Periodic compliance reports:
(a)
All significant industrial users shall, at a frequency determined by the County but in no case less than twice per year in June and December for the periods January through June and July through December, respectively, submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with § 291-36D(6) of this section.
(b)
All wastewater samples must be representative of the user's
discharge. Wastewater monitoring and flow measurement facilities shall
be properly operated, kept clean, and maintained in good working order
at all times. The failure of a user to keep its monitoring facility
in good working order shall not be grounds for the user to claim that
sample results are unrepresentative of its discharge.
(c)
If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the County, using the procedures prescribed in § 291-36F(11) of this section, the results of this monitoring shall be included in the report.
(5)
Reports of changed conditions: Each user must notify the County of
any significant changes to the user's operations or system which
might alter the nature, quality, or volume of its wastewater at least
one day before the change.
(a)
The County may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under § 291-36D(5) of this section.
(b)
The County may issue a wastewater discharge permit under § 291-36D(7) of this section or modify an existing wastewater discharge permit under § 291-36E(5) of this section in response to changed conditions or anticipated changed conditions.
(c)
For purposes of this requirement, "significant changes" include,
but are not limited to, flow increases of 20% or greater, and the
discharge of any previously unreported pollutants.
(6)
Reports of potential problems:
(a)
In the case of any discharge, including, but not limited to,
accidental discharges, discharges of a nonroutine, episodic nature,
a noncustomary batch discharge, or a slug load, that may cause potential
problems for the POTW, the user shall immediately telephone and notify
the County of the incident. This notification shall include the location
of the discharge, type of waste, concentration and volume, if known,
and corrective actions taken by the user.
(b)
Within five days following such discharge, the user shall, unless
waived by the County, submit a detailed written report describing
the cause(s) of the discharge and the measures to be taken by the
user to prevent similar future occurrences. Such notification shall
not relieve the user of any expense, loss, damage, or other liability
which may be incurred as a result of damage to the POTW, natural resoures,
or any other damage to person or property; nor shall such notification
relieve the user of any fines, penalties, or other liability which
may be imposed pursuant to this section.
(c)
A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in Subsection F(6)(a) above. Employers shall ensure that all employees who may cause such a discharge to occur are advised of the emergency notification procedure.
(7)
Reports from unpermitted users: All users not required to obtain
a wastewater discharge permit shall provide appropriate reports to
the County as may be required.
(8)
Notice of violation/repeat sampling and reporting: If sampling performed
by a user indicates a violation, the user must notify the County within
24 hours of becoming aware of the violation. The user shall also repeat
the sampling and analysis and submit the results of the repeat analysis
to the County within 30 days after becoming aware of the violation.
The user is not required to resample if the County monitors at the
user's facility at least once a month, or if the County samples
between the user's initial sampling and when the user receives
the results of this sampling.
(9)
Notification of the discharge of hazardous waste:
(a)
Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director, and State Hazardous Waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following 12 months. All notifications must take place no later than 180 days after the discharge commences. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under § 291-36F(5) of this section. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of § 291-30F(1), (3) and (4) of this section.
(b)
Dischargers are exempt from the requirements of Subsection F(9)(a), above, during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of non-acute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.
(c)
In the case of any regulations under Section 3001 of RCRA identifying
additional characteristics of hazardous waste or listing any additional
substance as a hazardous waste, the user must notify the County, the
EPA Regional Waste Management Waste Division Director, and State Hazardous
Waste authorities of the discharge of such substance within 90 days
of the effective date of such regulations.
(d)
In the case of any notification made under this section, the
user shall certify that it has a program in place to reduce the volume
and toxicity of hazardous wastes generated to the degree it has determined
to be economically practical.
(e)
This provision does not create a right to discharge any substance
not otherwise permitted to be discharged by this section, a permit
issued thereunder, or any applicable federal or state law.
(10)
Analytical requirements: All pollutant analyses, including sampling
techniques, to be submitted as part of a wastewater discharge permit
application or report shall be performed in accordance with the techniques
prescribed in 40 CFR 136, unless otherwise specified in an applicable
categorical pretreatment standard. If 40 CFR 136 does not contain
sampling or analytical techniques for the pollutant in question, sampling
and analyses must be performed in accordance with procedures approved
by the EPA.
(11)
Sample collection:
(a)
Except as indicated in § 291-36F(11)(b), below, the user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the County may authorize the use of time proportional sampling or a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.
(b)
Samples for oil and grease, temperature, pH, cyanide, phenols,
sulfides, and volatile organic compounds must be obtained using grab
collection techniques.
(12)
Timing: Written reports will be deemed to have been submitted
on the date postmarked. For reports which are not mailed, postage
prepaid, into a mail facility serviced by the United States Postal
Service, the date of receipt of the report shall govern.
(13)
Record keeping: Users subject to the reporting requirements
of this section shall retain, and make available for inspection and
copying, all records of information obtained pursuant to any monitoring
activities required by this section and any additional records of
information obtained pursuant to monitoring activities undertaken
by the user independent of such requirements. Records shall include
the date, exact place, method, and time of sampling, and the name
of the person(s) taking the samples; the dates analyses were performed;
who performed the analyses; the analytical techniques or methods used;
and the results of such analyses. These records shall remain available
for a period of at least three years. This period shall be automatically
extended for the duration of any litigation concerning the user or,
or where the user has been specifically notified of a longer retention
period by the County.
G.
Compliance monitoring:
(1)
Right of entry. Representatives of the County, the state and the
EPA, upon showing proper identification, shall have the right to enter
and inspect the premises of any user who may be subject to the requirements
of this section. Any and all industrial users shall allow authorized
representatives of the County, state, and EPA access at all reasonable
times to all premises for the purpose of inspecting, sampling, examining
records or copying records in the performance of their duties. Authorized
representatives of the County, state, and EPA shall have the right
to place on any user's property such devices as are necessary
to conduct sampling and monitoring. The County may require the user,
at its own expense, to install sampling and monitoring equipment as
appropriate. Where a user has security or safety measures in force
which would require clearance, training, or wearing of special protective
gear, the user shall make necessary arrangements at its own expense,
to enable authorized representatives of the County, state, and EPA
to enter and inspect the premises as guaranteed by this subsection.
(2)
Search warrants. If the County has been refused access to a building,
structure, or property, or any part thereof, and is able to demonstrate
probable cause to believe that there may be a violation of this section,
or that there is a need to inspect and/or sample as part of a routine
inspection and sampling program of Charles County designed to verify
compliance with this section or any permit or order issued hereunder,
or to protect the overall public health, safety and welfare of the
community, then the County may seek issuance of a search warrant from
the circuit court of Charles County.
H.
Confidential information: Information and data on a user obtained
from reports, surveys, wastewater discharge permit applications, wastewater
discharge permits, and monitoring programs, and from the County's
inspection and sampling activities, shall be available to the public
without restriction, unless the user specifically requests, and is
able to demonstrate, to the satisfaction of the County, that the release
of such information would divulge information, processes, or methods
of production entitled to protection as trade secrets under applicable
state law. Any such request must be asserted at the time of submission
of the information or data. When requested and demonstrated by the
user furnishing a report that such information should be held confidential,
the portions of a report which might disclose trade secrets or secret
processes shall not be made available for inspection by the public,
but shall be made available immediately upon request to governmental
agencies for uses related to the NPDES program or pretreatment program,
and in enforcement proceedings involving the person furnishing the
report. Wastewater constituents and characteristics and other "effluent
data" as defined by 40 CFR 2.302 will not be recognized as confidential
information and will be available to the public without restriction.
I.
Publication of users in significant noncompliance: The County shall
publish annually, in the largest daily newspaper published in the
municipality where the POTW is located, a list of the users which,
during the previous 12 months, were in significant noncompliance with
applicable pretreatment standards and requirements. The term "significant
noncompliance" shall mean:
(1)
Chronic violations of wastewater discharge limits, defined here as
those in which 66% or more of wastewater measurements taken during
a six-month period exceed the daily maximum limit or average limit
for the same pollutant parameter by any amount;
(2)
Technical review criteria (TRC) violations, defined here as those
in which 33% or more of wastewater measurements taken for each pollutant
parameter during a six-month period equals or exceeds the product
of the daily maximum limit or the average limit multiplied by the
applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and
1.2 for all other pollutants except pH);
(3)
Any other discharge violation that the County believes has caused,
alone or in combination with other discharges, interference or pass
through, including endangering the health of POTW personnel or the
general public;
(4)
Any discharge of pollutants that has caused imminent endangerment
to the public or to the environment, or has resulted in the County's
exercise of its emergency authority to halt or prevent such a discharge;
(5)
Failure to meet, within 90 days of the scheduled date, a compliance
schedule milestone contained in a wastewater discharge permit or enforcement
order for starting construction, completing construction, or attaining
final compliance;
(6)
Failure to provide, within 30 days after the due date, any required
reports, including baseline monitoring reports, reports on compliance
with categorical pretreatment standard deadlines, periodic self-monitoring
reports, and reports on compliance with compliance schedules;
(7)
Failure to accurately report noncompliance; or
(8)
Any other violation(s) which the County determines will adversely
affect the operation or implementation of the local pretreatment program.
J.
Administrative enforcement remedies:
(1)
Notification of violation. When the County finds that a user has
violated, or continues to violate, any provision of this section,
a wastewater discharge permit or order issued hereunder, or any other
pretreatment standard or requirement, the County may serve upon that
user a written notice of violation. Within 15 days of the receipt
of this notice, an explanation of the violation and a plan for the
satisfactory correction and prevention thereof, to include specific
required actions, shall be submitted by the user to the County. Submission
of this plan in no way relieves the user of liability for any violations
occurring before or after receipt of the notice of violation. Nothing
in this section shall limit the authority of the County to take any
action, including emergency actions or any other enforcement action,
without first issuing a notice of violation.
(2)
Consent orders. The County may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to § 291-36J(4) and (5) of this section and shall be judicially enforceable.
(3)
Show-cause hearing. The County may order a user which has violated,
or continues to violate, any provision of this section, a wastewater
discharge permit or order issued hereunder, or any other pretreatment
standard or requirement, to appear before the County and show cause
why the proposed enforcement action should not be taken. Notice shall
be served on the user specifying the time and place for the meeting,
the proposed enforcement action, the reasons for such action, and
a request that the user show cause why the proposed enforcement action
should not be taken. The notice of the meeting shall be served personally
or by registered or certified mail (return receipt requested) at least
30 days prior to the hearing. Such notice may be served on any authorized
representative of the user. A show-cause hearing shall not be a bar
against, or prerequisite for, taking any other action against the
user.
(4)
Compliance orders.
(a)
When the County finds that a user has violated, or continues
to violate, any provision of this section, a wastewater discharge
permit or order issued hereunder, or any other pretreatment standard
or requirement, the County may issue an order to the user responsible
for the discharge directing that the user come into compliance within
a specified time. If the user does not come into compliance within
a specified time provided, sewer service may be discontinued unless
adequate treatment facilities, devices, other related appurtenances
are installed and properly operated.
(b)
Compliance orders also may contain other requirements to address
the noncompliance, including additional self-monitoring and management
practices designed to minimize the amount of pollutants discharged
to the sewer. A compliance order may not extend the deadline for compliance
established for a pretreatment standard or requirement, nor does a
compliance order relieve the user of liability for any violations,
including any continuing violation. Issuance of a compliance order
shall not be a bar against, or a prerequisite for, taking any other
action against the user.
(5)
Cease and desist orders:
(a)
When the County finds that a user has violated, or continues
to violate, any provision of this section, a wastewater discharge
permit or order issued hereunder, or any other pretreatment standard
or requirement, or that the user's past violations are likely
to recur, the County may issue an order to the user directing it to
cease and desist all such violations and directing the user to:
(b)
Issuance of a cease and desist order shall not be a bar against,
or a prerequisite for, taking any other action against the user.
(6)
Administrative fines:
(a)
When the County finds that a user has violated, or continues
to violate, any provision of this section, a wastewater discharge
permit or order issued hereunder, or any other pretreatment standard
or requirement, the County may fine such user in an amount not to
exceed $1,000. Such fines shall be assessed on a per-violation, per-day
basis. In the case of monthly or other long term average discharge
limits, fines shall be assessed for each day during the period of
violation.
(b)
Users desiring to dispute such fines must file a written request
for the County attorney to reconsider the fine along with full payment
of the fine amount within seven days of being notified of the fine.
Where a request has merit, the attorney may convene a hearing on the
matter.
(c)
Issuance of an administrative fine shall not be a bar against,
or a prerequisite for, taking any other enforcement action against
the user.
(7)
Emergency suspensions:
(a)
The County may immediately suspend a user's discharge permit,
after informal notice to the user, whenever such suspension is necessary
to stop an alleged discharge which reasonably appears to present or
cause an imminent or substantial endangerment to the health or welfare
of persons. The County may also immediately suspend a user's
discharge, after notice and opportunity to respond, that threatens
to interfere with the operation of the POTW, or which presents, or
may present, an endangerment to the environment.
[1]
Any user notified of a suspension of its discharge permit shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the County may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The County may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the County that the period of endangerment has passed, unless the termination proceedings in § 291-36J(8) of this section are initiated against the user.
[2]
A user 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 contribution and the measures taken to prevent any future occurrence, to the County prior to the date of any show cause or termination hearing under § 291-36J(3) or (8) of this section.
(b)
Nothing in this section shall be interpreted as requiring a
hearing prior to any emergency suspension under this section.
(8)
Termination of discharge:
(a)
In addition to the provisions in § 291-36E(6) of this section, any user who violates the following conditions is subject to discharge termination:
[1]
Violation of wastewater discharge permit conditions;
[2]
Failure to accurately report the wastewater constituents and
characteristics of its discharge;
[3]
Failure to report significant changes in operations or wastewater
volume, constituents, and characteristics prior to discharge;
[4]
Refusal of reasonable access to the user's premises for
the purpose of inspection, monitoring, or sampling; or
(b)
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under § 291-36J(3) of this section why the proposed action should not be taken. Exercise of this option by the County shall not be a bar to, or a prerequisite for, taking any other action against the user.
K.
Judicial enforcement remedies:
(1)
Injunctive relief. When the County finds that a user has violated,
or continues to violate, any provision of this section, a wastewater
discharge permit, or order issued hereunder, or any other pretreatment
standard or requirement, the County may petition the district court
through the County's attorney for the issuance of a temporary
or permanent injunction, as appropriate, which restrains or compels
the specific performance of the wastewater discharge permit, order,
or other requirement imposed by this chapter on activities of the
user. The County may also seek such other action as is appropriate
for legal and/or equitable relief, including a requirement for the
user to conduct environmental remediation. A petition for injunctive
relief shall not be a bar against, or a prerequisite for, taking any
other action against a user.
(2)
Civil penalties.
(a)
A user who has violated, or continues to violate, any provision
of this section, a wastewater discharge permit, or order issued hereunder,
or any other pretreatment standard or requirements shall be liable
to the County for a maximum civil penalty of $1,000 per violation,
per day. In the case of a monthly or other long-term average discharge
limit, penalties shall accrue for each day during the period of the
violation.
(b)
The Charles County Commissioners may recover reasonable attorneys'
fees, court costs, and other expenses associated with enforcement
activities, including sampling and monitoring expenses, and the cost
of any actual damages incurred by the County.
(c)
In determining the amount of civil liability, the court shall
take into account all relevant circumstances, including, but not limited
to, the extent of harm caused by the violation, the magnitude and
duration of the violation, any economic benefit gained through the
user's violation, corrective actions by the user, the compliance
history of the user, and any other factor as justice requires.
(d)
Filing a suit for civil penalties shall not be a bar against,
or a prerequisite for, taking any other action against a user.
(3)
Criminal prosecution.
(a)
A user who willfully or negligently violates any provision of
this section, a wastewater discharge permit, or order issued hereunder,
or any other pretreatment standard or requirement shall, upon conviction,
be guilty of a misdemeanor, punishable by a fine of not more than
$1,000 per violation, per day, or imprisonment for not more than six
months or both.
(b)
A user who willfully or negligently introduces any substance
into the POTW which causes personal injury or property damage shall,
upon conviction, be guilty of a misdemeanor and be subject to a fine
not exceeding $1,000 or imprisonment for not more than six months,
or both. This penalty shall be in addition to any other cause of action
for personal injury or property damage available under state law.
(c)
A user who knowingly makes any false statements, representations,
or certifications in any application, record, report, plan, or other
documentation filed, or required to be maintained, pursuant to this
chapter, wastewater discharge permit, or order issued hereunder, or
who falsifies, tampers with, or knowingly renders inaccurate any monitoring
device or method required under this section shall, upon conviction,
be punished by a fine of not more than $1,000 per violation, per day,
or imprisonment for not more than six months, or both.
(4)
Remedies nonexclusive. The remedies provided for in this section
are not exclusive. The County may take any, all, or any combination
of these actions against a noncompliant user. Enforcement of pretreatment
violations will generally be in accordance with Charles County's
Enforcement Response Plan. However, the County may take other action
against any user when the circumstances warrant. Further, the County
is empowered to take more than one enforcement action against any
noncompliant user.
(5)
Recovery of costs incurred. In addition to any and/or all enforcement
actions established, the permittee violating any of the provisions
of this permit or causing damage to or otherwise inhibiting Charles
County's wastewater disposal system shall be liable to the County
for any expense, loss, or damage caused by such violation or discharge.
The County shall bill the user for the costs incurred for any cleaning,
repair, or replacement work caused by the violation or discharge.
Refusal to pay the assessed costs shall constitute a separate violation.
L.
Affirmative defenses to discharge violations.
(1)
Upset.
(a)
For the purposes of this section, "upset" means an exceptional
incident in which there is unintentional and temporary noncompliance
with categorical pretreatment standards because of factors beyond
the reasonable control of the user. An upset does not include noncompliance
to the extent caused by operational error, improperly designed treatment
facilities, inadequate treatment facilities, lack of preventive maintenance,
or careless or improper operation.
(b)
An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of Subsection L(1)(c), below, are met.
(c)
A user who wishes to establish the affirmative defense of upset
shall demonstrate, through properly signed, contemporaneous operating
logs, or other relevant evidence that:
[1]
An upset occurred and the user can identify the cause(s) of
the upset;
[2]
The facility was at the time being operated in a prudent and
workman-like manner and in compliance with applicable operation and
maintenance procedures; and
[3]
The user has submitted the following information to the County
within 24 hours of becoming aware of the upset:
[a]
A description of the indirect discharge and cause
of noncompliance;
[b]
The period of noncompliance, including exact dates
and times or, if not corrected, the anticipated time the noncompliance
is expected to continue;
[c]
Steps being taken and/or planned to reduce, eliminate,
and prevent recurrence of the noncompliance.
[d]
In any enforcement proceeding, the user seeking
to establish the occurrence of an upset shall have the burden of proof.
[e]
Users will have the opportunity for a judicial
determination on any claim of upset only in an enforcement action
brought for noncompliance with categorical pretreatment standards.
[f]
Users shall control production of all discharges
to the extent necessary to maintain compliance with categorical pretreatment
standards upon reduction, loss, or failure of its treatment facility
until the facility is restored or an alternative method of treatment
is provided. This requirement applies in the situation where, among
other things, the primary source of power of the treatment facility
is reduced, lost, or fails.
(2)
Prohibited discharge standards. A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in § 291-36B(1)(a) of this section or the specific prohibitions in § 291-36B(1)(b)[3] through [7] of this section if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either:
(a)
A local limit exists for each pollutant discharged and the user
was in compliance with each limit directly prior to, and during, the
pass through or interference; or
(b)
No local limit exists, but the discharge did not change substantially
in nature or constituents from the user's prior discharge when
the County was regularly in compliance with its NPDES permit, and
in the case of interference, was in compliance with applicable sludge
use or disposal requirements.
(3)
Bypass.
(a)
For the purposes of this section.
[1]
"Bypass" means the intentional diversion of waste streams from
any portion of a user's treatment facility.
[2]
"Severe property damage" means substantial physical damage to
property, damage to the treatment facilities which causes them to
become inoperable, or substantial and permanent loss of natural resources
which can reasonably be expected to occur in the absence of a bypass.
Severe property damage does not mean economic loss caused by delays
in production.
(c)
If a user knows in advance of the need for a bypass, it shall
submit prior notice to the County, at least 10 days before the date
of the bypass, if possible.
(d)
A user shall submit oral notice to the County of an unanticipated
bypass that exceeds applicable pretreatment standards within 24 hours
from the time it becomes aware of the bypass. A written submission
shall also be provided within five days of the time the user becomes
aware of the bypass. The written submission shall contain a description
of the bypass and its cause; the duration if the bypass has not been
corrected, the anticipated time it is expected to continue; and steps
taken or planned to reduce, eliminate, and prevent reoccurrence of
the bypass. The County may waive the written report on a case-by-case
basis if the oral report has been received within 24 hours.
(e)
Bypass is prohibited, and the County may take an enforcement
action against a user for a bypass, unless:
[1]
Bypass was unavoidable to prevent loss of life, personal injury,
or severe property damage;
[2]
There were no feasible alternatives to the bypass, such as the
use of auxiliary treatment facilities, retention of untreated wastes,
or maintenance during normal periods of equipment downtime. This condition
is not satisfied if adequate back-up equipment should have been installed
in the exercise of reasonable engineering judgment to prevent a bypass
which occurred during normal periods of equipment downtime or preventive
maintenance; and
M.
Miscellaneous provisions:
(1)
Pretreatment charges and fees. The Charles County Commissioners may
adopt reasonable fees for reimbursement of costs of setting up and
operating the County's pretreatment program which may include:
(a)
Fees for wastewater discharge permit applications including
the cost of processing such applications;
(b)
Fees for monitoring, inspection, and surveillance procedures
including the cost of collection and analyzing a user's discharge,
and reviewing monitoring reports submitted by users;
(c)
Fees or reviewing and responding to accidental discharge procedures
and construction;
(d)
Fees for filing appeals; and
(e)
Other fees as the Charles County Commissioners may deem necessary
to carry out the requirements contained herein. These fees relate
solely to the matters covered by this section and are separate from
all other fees, fines, and penalties chargeable by Charles County.
(2)
Severability. If any provision of this section is invalidated by
any court of competent jurisdiction, the remaining provisions shall
not be affected and shall continue in full force and effect.
N.
Effective date. This section shall be in full force and effect immediately
following its passage, approval, and publication, as provided by law.
A.
General. No subdivision, building extension or other facility requiring
a sewerage system may be constructed without approval in writing having
first been obtained from the Charles County Planning Commission, the
Charles County Department of Planning and Growth Management, the Charles
County Board of Appeals, as applicable, and in the case of community
facilities, the Maryland State Department of Health.
B.
Application to the County for residential or commercial connection
to existing sewerage facilities. The permit application shall be supplemented
by any plans and specifications as required by the County. The residential
or commercial building sewer permit fee shall be paid to the County
according to the current County Fees and Charges Schedule in effect
at the time the application is filed.
C.
Application to the County for industrial waste connection to existing
sewerage facilities.
(1)
Application for connection to existing facilities should be made
on forms obtained from the County and submitted to the County by owner.
(2)
The permit application shall be supplemented by any plans and specifications
as required by the County. The Industrial Waste Connection permit
fee shall be paid to the County according to the current County Fees
and Charges Schedule in effect at the time the application is filed.
A.
Construction drawings.
(1)
Plans, design analysis, and cost estimates for all sanitary sewer
installations, as prepared by an engineer duly authorized by the State
of Maryland to prepare such plans, shall be submitted to the County
for approval. Such plans shall be in conformance with the current
County requirements for plan preparation.
(2)
Plans shall have signed permission by representatives of any outside
agency involved, i.e., Maryland State Highway Administration, Maryland
State Health Department, etc., and shall conform to all applicable
federal, state, and local rules and regulations, including the following:
Charles County Comprehensive Plan, Charles County Subdivision Regulations,
Road Ordinance, Zoning Ordinance, Grading and Sediment Control Ordinance,
Forest Conservation Ordinance, the Charles County Building Code, the
Comprehensive Water and Sewer Plan for Charles County, and this chapter.[1]
B.
Building sewer.
(1)
In subdivisions where the sanitary street sewer mains are being installed
by the developer, the developer shall also install a six-inch lateral
or extension from the sanitary sewer main to one foot beyond the property
line for each lot on the street. The connection is to receive the
extension of the building sewer for each lot.
(2)
Such connection shall be shown on the sewer plans submitted to and
approved by the County, and the connection to be installed shall be
shown on the as-built plans in their exact locations.
(3)
These connections shall be constructed in accordance with applicable
plumbing regulations for the County. These connection shall be inspected,
tested and approved by the County.
(4)
After a building sewer is connected through a building sewer connection
to the sanitary sewer, the connection shall become a part of the building
sewer and the owner of the premises shall be responsible for the operation
and maintenance of the entire building sewer between the building
and the clean out at the property line.
C.
All dwellings, structures, and lots identified in § 291-64E(1)(b)[3][b][ii]
through [iv] shall be noted on the drawing with the following:
"This lot is subject to sewage backup in the event of a pumping
station and/or collection system malfunction. Backwater valves in
any structure on these lots connected to the sewage system shall be
required, in accordance with the latest edition of the County adopted
plumbing code. Backwater valves shall be installed in branches of
the drainage system which receive flow only from fixtures and/or drains
subject to backflow from the public sewer. Other portions of the drainage
system not subject to such backflow shall drain directly to the public
sewer. Backwater valves shall conform to the standard listed in the
plumbing code and shall be installed so that their internal working
parts are readily accessible for periodic cleaning, repair, or replacement."
D.
Owners of existing buildings where branches of the drainage system
which receive flow from fixtures and/or drains subject to backflow
from the public sewer will be required to install backwater valves
as deemed necessary by the County for the general safety and welfare
of the occupants and the public.
