[Adopted by Bill No. 98-7]
For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
- ADVERSE IMPACT
- Any deleterious effect on waters or wetlands, including their quality, quantity, surface area, species composition, aesthetics or usefulness for human or natural purposes, which is or may potentially be harmful or injurious to biological productivity, diversity or stability or to human health, welfare or safety or to property, or to commercial, industrial or agricultural use, or which unreasonably interferes with the enjoyment of life or property, including outdoor recreation.
- COUNTY SEPARATE STORM SEWER
- A conveyance or system of conveyances including, but not necessarily limited to, roads with drainage systems, public streets, catch basins, curbs, gutters, ditches, constructed channels, storm drains, associated underground piping, and stormwater management facilities that are:
- A. Owned and/or maintained by Harford County;
- B. Designed or used for the collection and conveyance of stormwater runoff (either immediate or delayed) from any form of precipitation event;
- C. Designed to convey stormwater runoff to a point of discharge into waters of the state;
- D. Not any part of a combined sewer system; and
- E. Not part of or discharging into any publicly owned treatment works (POTW) as defined in 40CFR122.2.
- The Code of Maryland Regulations.
- The Director of Public Works of the county.
- ILLICIT DISCHARGE
- Any discharge to a county separate storm sewer that is not composed entirely of stormwater runoff except discharges resulting from common residential outdoor uses, firefighting activities or from any legally permitted discharge.
- The point where a county separate storm sewer system discharges into waters of the state.
- Any 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 of their affiliates, or any other entity, or property owner on whose property a violation has occurred pursuant to this article.
- POLLUTION OR POLLUTANT
- Any contamination or other alteration of the physical, chemical, or biological properties of groundwater or surface water including but not limited to a change in temperature, taste, color, turbidity or odor; or the discharge or deposit of any organic matter, harmful organism, or liquid, gaseous, solid, radioactive or other substance into groundwater or surface water that will render an adverse impact.
- SIGNIFICANT MATERIALS
- Includes, but is not limited to, raw materials, petroleum derivative products, any controlled hazardous substances as described in COMAR 26.13, industrial waste (COMAR 26.08.01.01) infectious waste (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.
- WATERS OF THE STATE
- Both surface and underground waters within the boundaries of the State of Maryland subject to its jurisdiction, the Chesapeake Bay and its tributaries, and all ponds, lakes, watercourses, tidal and nontidal wetlands, and public drainage systems within this state, other than those designed and used to collect, convey, or dispose of sanitary sewage; and the floodplain of free-flowing waters determined by the State Department of Natural Resources on the basis of the 100-hundred year floodplain.
- Any natural or artificial streams, rivers, creeks, ditches, channels, canals, conduits, culverts, drains, waterways, gullies, ravines, or washes, in which water flows in a definite direction or course, either continuously or intermittently, and including any area adjacent thereto which is subject to inundation by reason of overflow or floodwater.
- WATER QUALITY
- Any chemical, physical or biological property, characteristic or attribute of a watercourse.
The intent of this article is:
To comply with the objectives of the Clean Water Act of 1977 (P.L. 95-217), as amended, to restore and maintain the chemical, physical, and biological integrity of the waters of the state.
To meet the requirements of the county's National Pollutant Discharge Elimination System permit for discharges from the county separate storm sewer system by eliminating non-stormwater discharges and reducing the discharge of pollutants to the maximum extent practicable.
This article shall apply to all parcels of land, structures and activities which are causing or contributing to the discharge of pollutants to the waters of the state which drain or flow into the county separate storm sewer system. Those activities which are regulated under a separate National Pollutant Discharge Elimination System permit or are regulated and enforced under specific state and/or federal laws which provide for water pollution control and abatement and discharges which are composed entirely of stormwater runoff are exempt from the requirements of this article.
The Department shall manage and regulate the waters of this state within the county according to the surface water quality standards and stream segment designations set forth in COMAR 26.08.02, as amended, which are incorporated herein.
No person shall:
Discharge any significant materials or pollutant into any component of any county separate storm sewer system that would constitute an illicit discharge; or
Cause, contribute to, or create any condition which may result in an illicit discharge of any significant materials or pollutant into and through any county separate storm sewer system; or
Create any new connection or maintain any connection that currently exists that can introduce any significant materials or pollutant into any county separate storm sewer system.
The Director of the Department may order the abatement and correction of any pollution of the waters of this state within the county including the abatement and correction of any degradation of aquatic and riparian habitat attributed to such pollution.
All monies collected as fines, charges or damages under this article shall be dedicated to the operating and/or capital expenses associated with the Department's programs for the protection and restoration of water quality, streams, wetlands and floodplains.
The county may enter into cooperative agreements with any incorporated city, town, municipality, or other unit of government concerning any matter relating to water pollution control, including, but not limited to, inspection, abatement and enforcement. The county may enter into such cooperative agreements in order to coordinate water pollution control activities with any unit of government, to avoid duplication of effort and to minimize the costs associated with an effective program.