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 the Natural Resource
Article, § 8-1201, et seq., Annotated Code of Maryland,
or any subsequent amendments. Any term not defined as above shall
have its generally accepted meaning.
BEST MANAGEMENT PRACTICES or BMPS
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.
CITY
The City of Westminster.
CLEAN WATER ACT
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments.
CODE
Code of the City of Westminster.
COMAR
Code of Maryland Regulations.
CONSTRUCTION ACTIVITY
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.
COUNTY
The Board of Commissioners of Carroll County.
DEPARTMENT
The Department of Public Works of the City of Westminster.
[Amended 12-6-2007 by Ord. No. 773]
DIRECTOR
The Director of the Department of Public Works or the Director's
written designee.
[Amended 12-6-2007 by Ord. No. 773]
DRAINAGE BASIN
An area drained by an ordered stream system and classified
by the highest order stream that forms its discharge.
ENHANCEMENT
An action performed to provide additional protection to create
or improve the function of an ecosystem.
FACILITY
Any structure or complex of structures where runoff is discharged
into a MS4.
HAZARDOUS MATERIALS
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.
ILLICIT CONNECTION
A surface or subsurface drain or conveyance which allows
an illicit discharge to enter the storm drain system, including, but
not limited to:
A.
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
B.
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.
ILLICIT DISCHARGE
Any discharge to any MS4 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 MS4, is considered an
illicit discharge.
INDUSTRIAL ACTIVITY
An activity subject to NPDES industrial permits as defined
in 40 CFR § 122.26(b)(14) or any subsequent amendment.
NPDES
National pollutant discharge elimination system.
NPDES STORMWATER DISCHARGE PERMIT
A permit issued by the Environmental Protection Agency or
the state that authorizes the discharge of pollutants to waters of
the United States.
OUTFALL
The point where a storm sewer system discharges.
PERSON
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.
POLLUTANT
A.
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
B.
Any substance that may cause or contribute to
pollution, including, but not limited to, paints, varnishes, and solvents;
oil; petroleum; 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.
SEPARATE STORM SEWER SYSTEM
The equivalent of a municipal separate storm sewer system
(MS4) as defined in 40 CFR 122.26. A conveyance or system of conveyances
including, but not limited to, drainage systems, public streets, catch
basins, curbs, gutters, ditches, swales, constructed channels, storm
drains, associated underground piping and any on-site stormwater management
facilities that are:
A.
Designed or used for the collection and conveyance of stormwater
runoff (either immediate or delayed) from any form of precipitation
event:
B.
Not any part of a combined sewer system; and
C.
Not part of or discharging into any publicly owned treatment
works (POTW) as defined in 40 CFR 122.2.
SIGNIFICANT MATERIALS
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.
STORM DRAINAGE SYSTEM
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.
STORMWATER
Any surface flow, runoff, and drainage consisting entirely
of water resulting from any form of natural precipitation.
STRUCTURE
Anything constructed, the use of which requires fixed location
on the ground or which is attached to something having a fixed location.
WATERCOURSE
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.
The following discharges are exempt from the
prohibitions established by this chapter:
B. Landscape irrigation or lawn watering.
C. Permitted diverted stream flows.
E. Groundwater infiltration to storm drains.
F. Uncontaminated pumped groundwater.
G. Uncontaminated discharge from foundation drains or
pumps.
H. Air conditioning condensation.
J. Noncommercial washing of vehicles.
K. Natural riparian habitat or wetland flows.
L. Fire-fighting activities.
M. Any water source not containing pollutants.
N. Discharges specified in writing by the authorized
enforcement agency as being necessary to protect public health and
safety.
O. Dye testing with prior verbal notification to the
authorized enforcement agency.
P. Any nonstormwater discharge legally permitted under
an 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 MS4.
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 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 Director prior to allowing any discharge
to the MS4.
This section applies to all facilities that
have stormwater discharges, including construction activity or any
other discharge to any MS4.
A. The Director 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. To determine compliance, the Director may inspect,
sample, examine, and investigate the source of any discharge to an
MS4. In support of any investigation, the Director may review and
copy any records maintained pursuant to the conditions of any discharge
permit or this chapter.
C. The Director may require the discharger to install
monitoring equipment if the Director determines that the nature of
the discharge warrants it. 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.
The Director may require a surety, cash bond,
irrevocable letter of credit, or other means of security acceptable
to the Director 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 Director may use the guaranty to complete the work.