A. 
Purpose/intent. The purpose of this article is to provide for the health, safety, and general welfare of the citizens of the Town of Indian Head through the regulation of nonstormwater discharges to the storm drainage system to the maximum extent practicable as required by federal and state law. This section 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:
(1) 
To regulate the contribution of pollutants to the municipal separate storm sewer system (MS4) by stormwater discharges by any user;
(2) 
To prohibit illicit connections and discharges to the municipal separate storm sewer system; and
(3) 
To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this article.
B. 
Applicability. This section shall apply to all water entering the storm drain system generated on any developed and undeveloped lands unless explicitly exempted by an authorized enforcement agency.
C. 
Responsibility for administration. The Town of Indian Head shall administer, implement, and enforce the provisions of this article. Any powers granted or duties imposed upon the Town may be delegated in writing by the Town Manager to persons or entities acting in the beneficial interest of or in the employ of the Town.
D. 
Ultimate responsibility. The standards set forth herein and promulgated pursuant to this article are minimum standards; therefore, this article does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants.
E. 
Exceptions.
(1) 
The following discharges are exempt from the prohibitions set forth in Subsection F of this section:
(a) 
Water line flushing; landscape irrigation; diverted stream flows; rising groundwaters; uncontaminated groundwater infiltration to separate storm sewers; uncontaminated pumped groundwater; discharges from potable water sources; foundation drains; air conditioning condensation; irrigation waters; springs; footing drains; lawn watering; individual residential car washing; flows from riparian habitats and wetlands; dechlorinated swimming pool discharges (not including filter backwash); street wash water; and firefighting activities; or
(b) 
Discharges specified in writing by the Town as being necessary to protect public health and safety.
(c) 
Dye testing is an allowable discharge but requires a verbal notification to the authorized enforcement agency prior to the time of the test.
(d) 
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 Federal Environmental Protection Agency, 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.
(2) 
In the event of any questions or complaints concerning the exceptions listed in Subsection E(1)(a) above, the Town Manager or the Town Manager's designee may take steps to determine if the discharges are properly managed, and if not, may require mitigation measures necessary for proper management of these discharges.
F. 
Discharge prohibitions.
(1) 
Prohibition of illegal dischargers. No person shall discharge or cause to be discharged into the municipal storm drain system or watercourses any materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than stormwater. The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited.
(2) 
Prohibition of illicit connections.
(a) 
The construction, use, maintenance, or continued existence of illicit connections to the storm drain is prohibited.
(b) 
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.
(c) 
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.
G. 
Interference. A person shall not take or permit any action that interferes with, or is likely to interfere with, the proper operation of an MS4, including having or maintaining a prohibited material.
H. 
Suspension of MS4 access.
(1) 
Suspension due to illicit discharges in emergency situations. The Town 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 Town 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.
(2) 
Suspension due to the detection of illicit discharge. Any person discharging to the MS4 in violation of this section may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The Town will notify a violator of the proposed termination of its MS4 access. The violator may petition the Town 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 Town.
I. 
Industrial or construction activity discharges. 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 Town prior to the allowing of discharges to the MS4.
A. 
Generally. Except as provided in § 375-1301E, if the Town becomes aware of a discharge that enters, or is capable of imminent discharge to, or to be discharged from, an MS4 or a water body within the Town, that may be or include prohibited material, or is the result of an illicit discharge or an illicit connection, the Town Manager or the Town Manager's designee 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 section. 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 Town.
B. 
Consent. The Town Manager or the Town Manager's designee may enter private property to inspect for a violation of this article with the consent of the occupant or owner. If entry is refused, the Town Manager or the Town Manager's designee may request a court order to permit entry to the property.
C. 
Delay in access. Unreasonable delays in allowing the Town access to a permitted facility is a violation of a stormwater discharge permit and of this section. A person who is the operator of a facility with a NPDES permit to discharge stormwater associated with industrial activity commits an offense if the person denies the Town reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this article.
D. 
Investigations. The Town Manager or the Town Manager's designee may inspect, sample, examine, and investigate the source, location, and extent of any spill, discharge, the existence of any illicit connection, the existence of any prohibited material, or the condition of any BMPs. In support of any investigation under this article, the Town Manager or the Town Manager's designee may review and copy any records that will assist in determining whether there is a violation of this article, including but not limited to records maintained pursuant to the conditions of any discharge permit or approvals given under this chapter.
E. 
Additional monitoring. The Town Manager or the Town Manager's designee may conduct follow-up inspections of any premises from which the discharge or other violation may have occurred and require a person responsible for a spill, illicit connection, or illicit discharge to install monitoring equipment if the nature of the discharge warrants such installation. The sampling and monitoring equipment shall be calibrated to ensure accuracy and maintained in safe and proper operating condition at the responsible person's expense.
F. 
Threat to public health and safety. The Town Manager or the Town Manager's designee shall have the right to enter any premises where there is evidence that a violation of this article exists which poses an immediate threat to the public health and safety for the purpose of performing duties pursuant to the provisions of this article. The Town Manager or the Town Manager's designee shall produce proof of identity prior to entry and must also provide evidence of the imminent threat to public health and safety.
G. 
Emergency repairs. If the Town Manager or the Town Manager's designee has evidence that an illicit discharge, illicit connection, or prohibited material presents an immediate threat to public health or safety, the Town Manager or the Town Manager's designee may enter the premises and make repairs in order to abate the public health or public safety hazard without prior written notice to the owner or occupant of the premises. The Town Manager or the Town Manager's designee may request a court order assessing the costs of the abatement against the owner, tenant, licensee, or any other person causing or permitting an illicit discharge or illicit connection, or that has or is maintaining a prohibited material.
A. 
Industrial or construction activity discharges. 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 Town prior to the allowing of discharges to the MS4.
B. 
Requirement to prevent, control, and reduce stormwater pollutants by the use of best management practices. The Town 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 a commercial or industrial establishment 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. Further, any person responsible for a property or premises, which is, or may be, the source of an illicit discharge, may be required to implement, at that person's expense, additional structural and nonstructural BMPs to prevent the further discharge of pollutants to the municipal separate storm sewer system. 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 pollution prevention plan (SWPP) as necessary for compliance with requirements of the NPDES permit.
C. 
Watercourse protection. 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.
D. 
Notification of spills. 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, that 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, that person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of nonhazardous materials, that person shall notify the Town in person or by phone, facsimile or email no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the Town within three business days after the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of that 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.
E. 
Reporting to Maryland Department of the Environment (MDE). The Town may report illicit connections and illicit discharges to MDE for enforcement and/or permitting in accordance with applicable law.
A. 
Enforcement.
(1) 
Notice of violation. Whenever the Town finds that a person has violated a prohibition or failed to meet a requirement of this Article, the Town Manager or designee may order compliance by written notice of violation to the responsible person. 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) 
That 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. If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator.
B. 
Appeal of notice of violation. Any person receiving a notice of violation may appeal to the Town's Board of Appeals the determination of the authorized enforcement agency. 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 appropriate authority or his/her designee shall take place within 45 days from the date of receipt of the notice of appeal. The decision of the Board of Appeals shall be final.
C. 
Enforcement measures after appeal. 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 45 days after the decision of the Board of Appeals upholding the decision of the Town Manager, then representatives of the Town 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 Town or its representatives to enter upon the premises for the purposes set forth above.
D. 
Cost of abatement of the violation. If the owner or any person responsible for the spill, illicit connection, or illicit discharge refuses to follow the required cleanup and mitigation measures, the Town may enter the property and make the required repairs. The Town Manager or the Town Manager's designee may request a court order assessing the costs of the abatement against the owner or any other person that causes or permits a spill, an illicit discharge, illicit connection, or that has or maintains a prohibited material. Within 15 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 15 days. If the amount due is not paid within a timely manner as determined by the decision of the Town Manager or by the expiration of the time in which to file an appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. Any person violating any of the provisions of this section shall become liable to the Town by reason of such violation. The liability shall be paid in not more than 12 equal payments. Interest at the rate of 10% per annum shall be assessed on the balance beginning on the 30th day following discovery of the violation.
E. 
Injunctive relief. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this article. If a person has violated or continues to violate the provisions of this article, the Town may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation.
F. 
Compensatory action. In lieu of enforcement proceedings, penalties, and remedies authorized by this section, the Town may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc.
G. 
Violations deemed a public nuisance. In addition to the enforcement processes and penalties provided in this section, 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.
H. 
Criminal prosecution. Any person that has violated or continues to violate this article shall be liable to criminal prosecution to the fullest extent of the law and shall be subject to a criminal penalty of $500 per violation per day and/or imprisonment for a period of time not to exceed six months, or both. The Town may recover all attorney's fees, court costs and other expenses associated with enforcement of this article, including sampling and monitoring expenses.
I. 
Remedies not exclusive. The remedies listed in this section are not exclusive of any other remedies available under any applicable federal, state, or local law, and it is within the discretion of the Town to seek cumulative remedies.