[HISTORY: Adopted by the Mayor and Council of the City of Taneytown 8-8-2005
by Ord. No. 7-2005. Amendments noted where applicable.]
A.Â
The purpose of this chapter is to provide for the health,
safety, and general welfare of the residents of the City of Taneytown through
the regulation of nonstormwater discharges to the storm drainage system. This
chapter establishes methods for controlling the introduction of illicit discharges
or pollutants into the City's separate storm sewer system (CS4) in order
to comply with requirements of the NPDES permit process.
In this chapter the following terms have the meanings indicated. Any
term not defined in this chapter shall have the meaning as defined in any
chapter of the Code or in the Natural Resource Article, § 8-1201,
et seq. Annotated Code of Maryland. Any term not defined in the Code in any
chapter shall have its generally accepted meaning.
Conservation practices or systems of practices and management measures
that minimize adverse impacts to the environment, including surface water,
groundwater flow and circulation patterns, and to the chemical, physical,
and biological characteristics. BMPs include schedules of activities, prohibitions
of practices, general good housekeeping practices, pollution prevention and
educational practices, maintenance procedures, and other management practices
to prevent or reduce the discharge of pollutants directly or indirectly to
stormwater, receiving waters, or stormwater conveyance systems. BMPs also
include treatment practices, operating procedures, and practices to control
site runoff, spillage or leaks, sludge or water disposal, or drainage from
raw materials storage.
A separate storm sewer system that is owned or maintained by the
City and designed to convey stormwater runoff to a point of discharge into
waters of the state.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments.
Code of Maryland Regulations.
An activity subject to NPDES construction permits, including a construction
project resulting in land disturbance of one acre or more, clearing, grubbing,
grading, excavating, and demolition.
The Board of Commissioners of Carroll County or its designee.
An area drained by an ordered stream system and classified by the
highest order stream that forms its discharge.
An action performed to provide additional protection to create or
improve the function of an ecosystem.
Any structure or complex of structures where runoff is discharged
into a CS4.
Any material, including any substance, waste, or combination thereof,
which because of its quantity, concentration, or physical, chemical, or infectious
characteristics may cause, or significantly contribute to, a substantial present
or potential hazard to human health, safety, property, or the environment
when improperly treated, stored, transported, disposed of, or otherwise managed.
Any discharge to any CS4 that is not composed entirely of stormwater
runoff except discharges resulting from common residential stormwater runoff,
fire-fighting activities or from any legally permitted discharge. The direct
discharge of any sanitary discharge, including domestic sewage or other pollutants,
into any CS4 will be considered an illicit discharge.
A surface or subsurface drain or conveyance that allows an illicit
discharge to enter the storm drain system, including but not limited to:
A conveyance which allows a nonstormwater discharge, including sewage,
process wastewater, and wash water, to enter the storm drain system or a connection
to the storm drain system from an indoor drain or sink, regardless of whether
the drain or connection had been previously allowed, permitted, or approved
by an authorized enforcement agency; or
A drain or conveyance connected from a commercial or industrial land
use to the storm drain system which has not been documented in plans, maps,
or equivalent records and approved by an authorized enforcement agency.
An activity subject to NPDES industrial permits as defined in 40
CFR § 122.26(b)(14).
National Pollutant Discharge Elimination System.
A permit issued by the Environmental Protection Agency or the state
that authorizes the discharge of pollutants to waters of the United States.
The point where a storm sewer system discharges.
Includes the federal government, the state, any county, municipal
corporation, or other political subdivision of the state, or any of their
units, or an individual, receiver, trustee, guardian, executor, administrator,
fiduciary, or representative of any kind, or any partnership, firm, association,
public or private corporation, or any other entity.
A contaminant that may result in any alteration of the physical, chemical,
or biological properties of groundwater or surface water, including any change
in temperature, taste, color, turbidity, or odor of the receiving waters or
discharge or deposit of any organic matter, harmful organism, or liquid, gaseous,
solid, radioactive, or other substance into groundwater or surface water that
may render the waters harmful or detrimental to the public health or welfare
to any domestic, commercial, industrial, agricultural, recreational, or other
legitimate beneficial use of the water, to any livestock, wild animals, birds,
fish or other aquatic species that may use the water; or
Any substance that may cause or contribute to pollution, including but
not limited to paints, varnishes, and solvents; oil and other automotive fluids;
nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage,
litter, or other discarded or abandoned objects, ordnances, and accumulations,
so that same may cause or contribute to pollution; floatables; pesticides,
herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal
coliform and pathogens; dissolved and particulate metals; animal wastes; wastes
and residues that result from constructing a building or structure; and noxious
or offensive matter of any kind.
A private conveyance or system of conveyances, including but not
limited to drainage systems, streets, catch basins, curbs, gutters, ditches,
swales, constructed channels, storm drains, associated underground piping
and any on-site stormwater management facilities that are:
Includes, but is not limited to: raw materials, petroleum derivative
products; any controlled hazardous substances pursuant to COMAR 26.13; industrial
waste pursuant to COMAR 26.08.01.01; infectious waste pursuant to COMAR 26.04.07.02;
materials such as solvents or detergents; finished materials such as metallic
products; raw materials used in food processing or production; fertilizers;
pesticides; waste products such as ashes, slag and sludge or any other material
that could result in pollution of waters of the state as a constituent in
stormwater discharge.
Any facilities by which stormwater is collected or conveyed, including
but not limited to any roads with drainage systems, streets, gutters, curbs,
inlets, piped storm drains, pumping facilities, retention and detention basins,
natural and man-made or altered drainage channels, reservoirs, and other drainage
structures.
Any surface flow, runoff, and drainage consisting entirely of water
resulting from any form of natural precipitation.
Anything constructed, the use of which requires fixed location on
the ground or which is attached to something having fixed location.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
Any natural or artificial stream, river, creek, ditch, channel, canal,
conduit, culvert, drain, waterway, gully, ravine, or wash, in and including
any adjacent area that is subject to inundation from overflow or floodwaters
and their associated wetlands.
A.Â
No new connection to a CS4 may be effected without prior
approval of the City.
B.Â
No person may:
(1)Â
Discharge any significant materials or pollutant into
any component of any CS4 that would constitute an illicit discharge;
(2)Â
Continue any illicit discharge to any CS4;
(3)Â
Create any condition that may result in an illicit discharge
or pollution of stormwater conveyed and discharged from any outfall of those
systems;
(4)Â
Cause or contribute to any type of illicit discharge
into a CS4 or watercourse that may result in a potential for adverse impact;
(5)Â
Alter or create an obstruction to flow of a CS4 or watercourse
that reduces its capacity or ability to provide its intended design capacity
or natural function; or
(6)Â
Create a new connection or maintain a connection that
may introduce any discharge other than stormwater into any CS4 or watercourse.
C.Â
The construction, use, maintenance or continued existence
of illicit connections to the storm drain system is prohibited.
The following discharges are exempt from the prohibitions established
by this chapter:
A.Â
Waterline flushing or other potable water sources;
B.Â
Landscape irrigation or lawn watering;
C.Â
Permitted diverted stream flows;
D.Â
Rising groundwater;
E.Â
Groundwater infiltration to storm drains;
F.Â
Uncontaminated pumped groundwater;
G.Â
Uncontaminated discharge from foundation drains or pumps;
H.Â
Air-conditioning condensation;
I.Â
Springs;
J.Â
Noncommercial washing of vehicles;
K.Â
Natural riparian habitat or wetland flows;
L.Â
Fire-fighting activities;
M.Â
Any water source not containing pollutants;
N.Â
Discharges specified in writing by the authorized enforcement
agency as being necessary to protect public health and safety;
O.Â
Dye testing with prior verbal notification to the authorized
enforcement agency; and
P.Â
Any nonstormwater discharge legally permitted under a
NPDES permit issued by the Maryland Department of the Environment, provided
that the discharger is in full compliance with all requirements of the issued
permit and with all other applicable laws and regulations and with prior written
approval of discharge to the CS4.
Any person in control of any part of a storm sewer system, including
any stormwater management facility or any surface or subsurface stormwater
conveyance system, shall maintain those components in good and workable condition.
The owner shall promptly repair and restore the systems or components when
conditions warrant.
A.Â
The City may, without prior notice, suspend any approved
discharge access to a CS4 to a person when suspension is necessary to stop
an actual or threatened discharge that presents or may present imminent and
substantial danger to the environment, to public health or welfare, or to
any system, watercourse, or designated sensitive resource. If a person fails
to comply with a suspension order, the City may take steps to prevent or minimize
damage to any storm sewer system, watercourse, or sensitive resource or to
minimize an identified danger or hazard to the general health and welfare.
B.Â
A person discharging to a CS4 or watercourse in violation
of this chapter may have the system access terminated if such termination
would abate, reduce, or eliminate an illicit discharge. The City shall notify
a violator in writing of the proposed termination of system access. The violator
may petition the City for reconsideration. Reinstatement of a discharge, connection,
or access which has been terminated pursuant to this section without the City
approval constitutes a violation of this chapter.
A person subject to an industrial or construction activity NPDES stormwater
discharge permit shall comply with all provisions of the permit. Proof of
compliance with the permit shall be submitted in a form acceptable to the
City prior to allowing any discharge to the CS4.
This section applies to all facilities that have stormwater discharges,
including construction activity or any other discharge to any CS4.
A.Â
The City may, upon notification, enter and inspect the
source of any discharge, including those under an individual or general NPDES
permit, that are subject to this chapter when necessary to determine compliance.
Failure to cooperate with an inspection constitutes a violation of this chapter.
B.Â
To determine compliance, the City may inspect, sample,
examine, and investigate the source of any discharge to a CS4. In support
of any investigation, the City may review and copy any records maintained
pursuant to the conditions of any discharge permit or this chapter.
C.Â
The City may require the discharger to install monitoring
equipment if the nature of the discharge warrants. The facility's sampling
and monitoring equipment shall be maintained in a safe and proper operating
condition by the discharger at its own expense. All devices used to measure
stormwater flow and quality shall be calibrated to ensure accuracy.
A.Â
The owner of any property shall prevent accidental discharge
of prohibited materials or pollutants into CS4 or watercourses through the
use of structural and nonstructural BMPs.
B.Â
Any person who is the source of an illicit discharge
may be required to implement, at the person's expense, additional structural
and nonstructural BMPs to prevent the further discharge of pollutants to any
CS4. Compliance with the terms and conditions of a valid NPDES permit authorizing
the discharge of stormwater constitutes compliance with this section.
A.Â
The owner of property through which a watercourse passes
shall keep and maintain that part of the watercourse within the property generally
free of man-made obstructions or sources of pollutants.
B.Â
The owner shall maintain existing privately owned structures
within or adjacent to a watercourse, so that the structures will not become
a hazard to the use, function, or physical integrity of the watercourse.
A.Â
Notwithstanding other requirements of law, any person
responsible for a site who has information of an illicit discharge or discharge
of pollutants into stormwater, the storm sewer system, or watercourse, shall
contain and clean up the release.
B.Â
Time period for notification.
(1)Â
For a release of hazardous materials, the person shall
immediately notify emergency response agencies of the occurrence via emergency
dispatch services.
(2)Â
For a release of nonhazardous materials, the person shall
notify the City in person or by telephone or facsimile no later than the next
business day.
(3)Â
Notifications in person or by phone shall be confirmed
by written notice addressed and mailed to the City within three business days
of the notice by telephone.
C.Â
If the discharge of prohibited materials emanates from
a commercial or industrial use, the owner or operator shall retain an on-site
written record of the discharge and the actions taken to prevent its recurrence.
The City may require a surety, cash bond, irrevocable letter of credit,
or other means of security acceptable to the City as a guaranty under certain
requirements of this chapter. In cases when a guaranty is required, the amount
required shall be no less than the total estimated cost of the action required.
The guaranty shall include forfeiture provisions for failure to complete the
required activity within the time specified. The guaranty may not be released
prior to final inspection which verifies compliance with this chapter. No
partial releases may be made. In the event that the guarantor fails to perform
or complete the required activity, the City may use the guaranty to complete
the work.
A.Â
Whenever the City finds that a person has violated this
chapter, the City shall issue a notice of violation.
B.Â
If abatement of a violation or restoration of affected
property is required, the notice shall set forth a deadline within which such
remediation or restoration shall be completed. The notice shall state that,
should the violator fail to remediate or restore within the established deadline,
the work will be contracted for completion by the City and the costs shall
be charged to the violator.
C.Â
If a person has violated or continues to violate the
provisions of this chapter, the City 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.
D.Â
The Mayor and City Council may by resolution set fines
for acts that violate the provisions of this chapter.
