[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:
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.
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:
Owned and/or maintained by Harford County;
Designed or used for the collection and conveyance
of stormwater runoff (either immediate or delayed) from any form of
precipitation event;
Designed to convey stormwater runoff to a point
of discharge into waters of the state;
Not any part of a combined sewer system; and
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.
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.
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.
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.
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.
Any chemical, physical or biological property, characteristic
or attribute of a watercourse.
The intent of this article is:
A.
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.
B.
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.
A.
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.
B.
No person shall:
(1)
Discharge any significant materials or pollutant into
any component of any county separate storm sewer system that would
constitute an illicit discharge; or
(2)
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
(3)
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.
C.
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.
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.
