[HISTORY: Adopted by the Mayor and Council of the City of Westminster 4-26-2006 by Ord. No. 748. Amendments noted where applicable.]
GENERAL REFERENCES
Floodplain management — See Ch. 83.
Sewers and sewage — See Ch. 124.
Stormwater management — See Ch. 136.
A. 
The purpose of this chapter is to provide for the public health, safety, and general welfare of the residents of the City of Westminster, Carroll County, the Chesapeake Bay Region, and the state 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 (MS4) in order to comply with requirements of the NPDES permit process.
B. 
The objectives of this chapter include:
(1) 
Regulation of the contribution of pollutants to the MS4 by stormwater discharges by any user; and
(2) 
Prohibition of illicit connections and discharges to the MS4.
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.
CITY SEPARATE STORM SEWER SYSTEM or MS4
A separate storm sewer system that is owned or maintained by the City and designed to convey stormwater runoff to a point of managed discharge.
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.
A. 
No new connection to an MS4 may be effected without prior written approval of the Director.
B. 
No person may:
(1) 
Discharge any significant materials or pollutant into any component of any MS4 that would constitute an illicit discharge:
(2) 
Continue any illicit discharge to any MS4;
(3) 
Create any condition that may result in an illicit discharge or pollution of stormwater conveyed and discharged from any outfall of those systems;
(4) 
Cause or contribute to any type of illicit discharge into an MS4 or watercourse that may result in an potential for adverse impact;
(5) 
Alter or create an obstruction to flow of an MS4 or watercourse that reduces its capacity or ability to provide its intended design capacity or natural function; or
(6) 
Create a new connection or maintain a connection that may introduce any discharge other than unpolluted water into any MS4 or watercourse.
C. 
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. 
Potable water sources.
B. 
Landscape irrigation or lawn watering.
C. 
Permitted diverted stream flows.
D. 
Rising groundwater.
E. 
Groundwater infiltration to storm drains.
F. 
Uncontaminated pumped groundwater.
G. 
Uncontaminated discharge from foundation drains or pumps.
H. 
Air conditioning condensation.
I. 
Springs.
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. 
The Director may, without prior notice, suspend any approved discharge access to an MS4 by a person, when suspension is necessary to stop an actual or threatened discharge which 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 stormwater system, watercourse, or sensitive resource or to minimize an identified danger or hazard to the general health and welfare.
B. 
A person discharging to an MS4 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 Director shall notify a violator in writing of the proposed termination of system access. The violator may petition to the Director for reconsideration. Reinstatement of a discharge, connection, or access which has been terminated pursuant to this section without the Director's 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 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.
A. 
The owner of any property shall prevent accidental discharge of prohibited materials or pollutants into MS4 or watercourses through the use of structural and nonstructural BMP's.
B. 
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 MS4. Compliance with the terms and conditions of a valid NPDES permit authorizing the discharge of stormwater constitutes compliance with this section.
A. 
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. 
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. 
Notwithstanding other requirements of law, any person responsible for a site who has information of an illicit discharge of pollutants into stormwater, the storm sewer system, or watercourse, shall immediately contain and clean up the release. Said person shall also give notification as provided in this section.
B. 
Time.
(1) 
For a release of hazardous materials, the person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services.
(2) 
For a release of nonhazardous materials, the person shall notify the Director in person or by telephone or facsimile no later than the next business day.
(3) 
Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the Director within three business days of the notice by telephone.
C. 
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 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.
A. 
Whenever the Director finds that a person has violated this chapter, the Director shall issue a notice of violation.
B. 
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. Such costs shall constitute a lien upon the premises upon which the condition occurred, to be collected as City taxes are collected, if not otherwise first paid to the City. Abatement by the City of conditions in violation of this chapter and reimbursement to the City of costs incurred thereby shall not bar the issuance of a municipal infraction and the prosecution for such violation.
C. 
If a person has violated or continues to violate the provisions of this chapter, the Director 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.
A. 
Any person who shall violate a provision of this chapter or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by state or local law. Each day that a violation continues shall be a separate offense. In addition to other remedies, any violation may be deemed a municipal infraction and prosecuted as such. The penalty for violation shall be a fine of $400 for each offense, which may be doubled in accordance with applicable law.
B. 
The imposition of a fine or penalty for any violation of or noncompliance with this chapter shall not excuse the violation or noncompliance or permit it to continue, and also the person shall be required to correct or remedy such violations and noncompliance with any reasonable time.
C. 
Additionally, the Mayor and Common Council may institute injunctive, mandamus or other appropriate action or proceedings in law or equity for the enforcement of this chapter or to correct violations of this chapter and any court of competent jurisdiction shall have the right to issue restraining order, temporary or permanent injunctions or mandamus or other appropriate forms of remedy or relief.