Chapter 512 Utility Use Regulations

A responsible corporate officer such as a president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision-making functions for the corporation, or the manager of one or more manufacturing, production, or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000, if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

A general partner or proprietor if the industrial user is a partnership or sole proprietorship, respectively.

A duly authorized representative of the individual designated in Subsection (1) or (2) above if:

The authorization is made in writing by the individual described in Subsection (1) or (2);

The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager, operator of a well, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company; and

The written authorization is submitted to the County.

BIOCHEMICAL OXYGEN DEMAND (BOD)

If authorization under Subsection (3) is no longer accurate because a different individual or position has responsibility, a new authorization must be submitted to the County prior to or together with any reports to be signed by an authorized representative.

The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure for five days at 20° C., expressed in terms of weight and concentration [milligrams per liter (mg/l)].

BUILDING DRAIN

That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes located within three feet outside the inner face of walls of the building and conveys it to the building sewer.

BUILDING SEWER

The extension from the building drain to the public sewer or other place of disposal.

BYPASS

The intentional diversion of waste streams from any portion of an industrial user's treatment facility.

CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD

Any regulations containing pollutant discharge limits promulgated by the United States EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. § 1317) which apply to a specific category of industrial users and which appear in 40 CFR Chapter 1, Subchapter N, Parts 405 through 471.

COOLING WATER

The water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.

COUNTY

The Allegany County Commissioners, the governing body of Allegany County, its departments and agencies, including the Allegany County Sanitary District, Inc.

DIRECT DISCHARGE

The discharge of treated or untreated wastewater directly to the waters of the State of Maryland.

DISCHARGE PERMIT

A permit issued by the County to any person connected to the public sewer who discharges a waste of unusual quantity or characteristics that, in the County's judgment, requires such a permit.

DISTRICT or SANITARY DISTRICT

The sanitary service district, as established and recorded.

ENVIRONMENTAL PROTECTION AGENCY or EPA

The United States Environmental Protection Agency, or where appropriate the term may also be used as a designation for the Administrator or other duly authorized official of said agency.

GARBAGE

Solid wastes from the preparation, cooking and dispensing of food, and from the handling, storage, and sale of products.

GRAB SAMPLE

A sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time.

GROUNDWATER

Water traveling below ground surface which enters the building drain or building sewer via footer drains, sump pumps, broken or cracked building drains or sewers or other direct or indirect connections.

HOLDING TANK WASTE

Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.

INDIRECT DISCHARGE

The discharge or the introduction of nondomestic pollutants from any source regulated under Section 307(b) or (c) of the Act (33 U.S.C. § 1317), into the wastewater treatment plant (including holding tank waste discharged into the system).

INDUSTRIAL USER

A source of indirect discharge which does not constitute a "discharge of pollutants" under regulations issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).

INDUSTRIAL WASTES

The liquid wastes from industrial processes as distinct from sanitary wastewater.

INTERFACE

The inhibition or disruption of the wastewater treatment plant treatment processes or operations which contributes to a violation of any requirement of the County's NPDES Permit. The term includes prevention of sewage sludge use or disposal by the POTW in accordance with Section 405 of the Act (33 U.S.C. § 1345) or any criteria, guidelines, or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act, or more stringent state criteria (including those contained in any state sludge management plan prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the POTW.

INTERFERENCE

A discharge which, alone or in conjunction with a discharge or discharges from other sources, both:

Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and

NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM or NPDES PERMIT

Therefore is a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent state or local regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) [including Title II, more commonly referred to as the "Resource Conservation and Recovery Act (RCRA)," and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA], the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act.

MAY

Permissive.

A permit issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).

NATIONAL PROHIBITIVE DISCHARGE STANDARD OR PROHIBITIVE DISCHARGE STANDARD

Any regulation developed under the authority of 307(b) of the Act and 40 CFR 403.5.

NATURAL OUTLET

Any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.

NEW SOURCE

Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:

The building, structure, facility or installation is constructed at a site at which no other source is located; or

The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

The production or wastewater-generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered.

Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of Subsection(1)(b) or (c) of this definition but otherwise alters, replaces, or adds to existing process or production equipment.

Construction of a new source as defined under this definition has commenced if the owner operator has:

Begun or caused to begin as part of a continuous on-site construction program:

Any placement, assembly, or installation of facilities or equipment; or

Significant site preparation work, including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or

PRETREATMENT or TREATMENT

Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this subsection.

PASS-THROUGH

A discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, are a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation).

PERSON

Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. This definition includes all federal, state or local governmental entities.

The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.

POLLUTANT

Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, industrial wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, agricultural and industrial wastes, and the characteristics of the wastewater [i.e., pH, temperature, TSS, turbidity, color, BOD, chemical oxygen demand (COD), toxicity, odor].

POLLUTION

The man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.

The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes other means, except as prohibited by 40 CFR 403.6(d)

PRETREATMENT STANDARDS or STANDARDS

Prohibitive discharge standards, categorical pretreatment standards, state pretreatment standards, and local limits.

PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES

Absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 512-4B of this chapter.

PROPERLY SHREDDED GARBAGE

The wastes from the preparation, cooking and dispensing of food that have been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch in any dimension.

PUBLICLY OWNED TREATMENT WORKS (POTW)

A treatment works as defined by Section 212 of the Act (33 U.S.C. § 1292) which is owned by the County or the City of Cumberland. This definition includes any devices or systems used in the collection, storage, treatment, recycling and reclamation of sewage or industrial wastes and any conveyances which convey wastewater to a treatment plant. The term also means the entity having jurisdiction over the industrial users and responsibility for the operation and maintenance of the treatment works. For the purposes of this chapter, "POTW" shall also include any sewers that convey wastewaters to the POTW from persons outside the County area who are, by contract or agreement with the County, users of the County's treatment plants.

PUBLIC SEWER

A sewer which is controlled by public authority.

SANITARY SEWER

A sewer which carries wastewater and to which storm, surface and groundwaters are not intentionally admitted.

SEVERE PROPERTY DAMAGE

Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

SEWER

A pipe or conduit for carrying wastewater.

SHALL

Mandatory.

SIGNIFICANT INDUSTRIAL USER

Any industrial user who:

Is subject to national categorical standards;

Discharges an average of 25,000 gallons per day or more of process wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater);

Contributes a process waste stream that makes up 5% or more of the hydraulic or organic capacity of the POTW; or

Is found by the County, state, or EPA to have significant impact either singly or in combination with other contributing industries to the POTW, the quality of the sludge, the POTW's effluent quality, or air emissions generated by the system.

STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE

Upon a finding that an industrial user meeting the above criteria in Subsection (1)(b), (c) and (d) of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the County may at any time, on its own initiative or in response to a petition received from an industrial user, and in accordance with 40 CFR 403.8 (f)(6), determine that such industrial user is not a significant industrial user.

SLUG

Any discharge of significant quantities of water, sewage, industrial waste in which the concentration of any given constituent or quantity of flow could cause interference of the treatment works, pass-through the POTW treatment plant, endanger sewer worker safety, contaminate the sludge, or cause a violation of any permit issued to the POTW.

A classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget.

STATE

State of Maryland.

STORM SEWER or STORM DRAIN

A sewer which carries storm, ground and surface waters and drainage, but excludes wastewater and polluted industrial wastes.

STORMWATER

Any flow occurring during or following any form of natural precipitation and resulting therefrom.

SUPERINTENDENT

The person designated by the County to supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this chapter, or his duly authorized representative.

SURFACE WATER

Drainage streams or rainwater which enters the building drain or building sewer via roof leaders, area drains, or other direct or indirect connections.

SUSPENDED SOLIDS

The total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids, and which is removable by laboratory filtering.

TOXIC POLLUTANT

One of the 126 pollutants, or combination of those pollutants, listed as toxic in regulations promulgated by the EPA under the provision of Section 307 (33 U.S.C. § 1317) of the Act.

USER

Any person who contributes, causes or permits the contribution of wastewater into the County's POTW.

WASTEWATER

A combination of the water-carried sanitary wastes from toilets, lavatories, sinks, showers, bathtubs, dishwashers, washing machines or similar devices from residences, commercial buildings, institutions and industrial establishments.

WASTEWATER CONTRIBUTION PERMIT

As set forth in that specific section of this chapter hereinbelow described.

WASTEWATER SYSTEM

All facilities for collecting, pumping, treating and disposing of wastewater.

WASTEWATER TREATMENT PLANT

Any arrangement of devices and structures used for treating wastewater.

WATERCOURSE

A channel in which a flow of water occurs, either continuously or intermittently.

WATERS OF THE STATE

All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof.

Abbreviations. The following abbreviations shall have the designated meanings:

	BOD — Biochemical oxygen demand
	CFR — Code of Federal Regulations
	COD — Chemical oxygen demand
	EPA — Environmental Protection Agency
	l — Liter
	mg — Milligrams
	mg/l — Milligrams per liter
	NPDES — National pollutant discharge elimination system
	POTW — Publicly owned treatment works
	SIC — Standard industrial classification
	SWDA — Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq.
	TSS — Total suspended solids
	USC — United States Code

§ 512-3 Use of public sewers.

No person shall make, allow or maintain any connection which allows surface water, groundwater or prohibited waste to enter the building drain or building sewer.

In cases where, and in the opinion of the representative of the County, the character of the wastewater from any manufacturer or industrial plant, building or other premises is such that it will damage the system or cannot be treated satisfactorily in the system, the County shall have the right to require such user to dispose of such waste otherwise, and prevent it from entering the system. Except as hereinafter provided, no person shall discharge or cause to be discharged into the sewer or drainage system of the County or directly or indirectly, any of the matters, waters, or wastes described in § 512-4B.

Where the operation of a person, firm or corporation entails the discharge of water or wastes containing toxic or poisonous substances, a written statement setting forth the nature of the operation contemplated or presently carried on shall be filed with the County. The statement shall contain the amount of water which will be used and its source, the proposed point of discharge of wastes into the wastewater system of the County, the estimated amount so to be discharged, and a fair statement setting forth the expected bacterial, physical, chemical, and other known characteristics of said wastes. Within 180 days of receipt of such statement, it shall be the duty of the County to issue a discharge permit stating such minimum restrictions as in the judgment of the County may be necessary to guard adequately against unlawful uses of the County's wastewater facilities.

Grease, oil and sand interceptors shall be provided for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand and other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the County and shall be located as to be readily and easily accessible for cleaning and inspection by the person connected to the public sewer. Grease, oil and sand interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be a substantial construction, watertight, and equipped with easily removable covers which when bolted in place shall be gastight and watertight.

When installed, all grease, oil and sand interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times.

The admission into the public sewers of any waters or wastes having a five-day biochemical oxygen demand greater than 250 parts per million by weight, or containing more than 250 parts per million by weight of suspended solids, or containing any quantity of substances having the characteristics described § 512-4B shall be subject to the review and approval of the County. Where necessary in the opinion of the County, the owner shall provide, at his expense, such preliminary treatment as may be necessary to reduce the biochemical oxygen demand to 250 parts per million and the suspended solids to 250 parts per million by weight, or reduce objectionable characteristics or constituents, or nitrogen and phosphorus to within the maximum limits provided for in § 512-4B(3) and the discharge permit, or control the quantities and rates of discharge of such waters or wastes. Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the County, the Maryland Department of the Environment, or the City of Cumberland, whichever are applicable, and no construction of such facilities shall be commenced until said approvals are obtained in writing.

Where preliminary treatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation, by the owner at his expense.

All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this section shall be determined in accordance with "Standard Methods for the Examination of Water and Wastewater," latest edition, and shall be determined at the control manhole provided for in § 512-6J or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be nearest downstream manhole in the public sewer to the point at which the building sewer is connected.

No statement contained in this section shall be construed as preventing any agreement or arrangement between the County and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the County for treatment, subject to payment therefor by the industrial concern for any portion of the excess cost to the County of handling and treatment such industrial wastes, as may be established by the County.

§ 512-4 Sanitary sewer pretreatment.

Objectives.

The objectives of this chapter are:

To prevent the introduction of pollutants into the wastewater system which will interfere with the operation of the system or contaminate the resulting sludge;

To prevent the introduction of pollutants into the wastewater system which will pass through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system;

To improve the opportunity to recycle and reclaim wastewaters and sludges from the system;

To provide for equitable distribution of the cost of the wastewater system; and

To require users of the County's conveyance system which discharge to the City of Cumberland wastewater treatment plant to comply with the requirements and standards as established by the City of Cumberland for direct and indirect users of their wastewater system.

This chapter provides for the regulation of direct and indirect contributors to the wastewater system through the issuance of permits to certain nondomestic users and through enforcement of general requirements for the other users, authorizes monitoring and enforcement activities, requires user reporting, assumes that existing customer's capacity will not be preempted, and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.

This chapter shall apply within the jurisdiction of Allegany County, and to contributors outside the jurisdiction of Allegany County who contribute to a County POTW or pass through Allegany County jurisdiction for treatment at the Cumberland, Maryland POTW. Except as otherwise provided herein, the Superintendent of the County POTW shall administer, implement, and enforce the provisions of this chapter.

Regulations.

General discharge prohibitions. No user shall contribute or cause to be contributed, directly or indirectly to a POTW, any pollutant or wastewater which will cause pass-through or interference. These general prohibitions apply to all users of the POTW whether or not the user is subject to national categorical pretreatment standards or any other federal, state, or local pretreatment standards or requirements.

Specific prohibitions. A user shall not contribute wastewaters with the following characteristics:

Any liquids, solids or gases which by reason of their nature or quantity are or may be sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the POTW or to the operation of the POTW. At no time, shall two successive readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system), be more than 5% nor any single reading over 10% of the lower explosive limit (LEL) on the meter. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides, and sulfides and any other substances which the Commission, the state or EPA has notified the user is a fire hazard or a hazard to the system. Also prohibited are any pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, waste streams with a closed-cup flashpoint of less than 140° F. or 60° C. using the test methods specified in 40 CFR 261.21.

Any solid or viscous substances which may cause obstructions to the flow in a sewer or other interference with the operation of the wastewater treatment facilities such as, but not limited to, grease, garbage with particles greater than 1/2 inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wastepaper, wood, plastics, gas, tar, asphalt residues, residues from refining, or processing of fuel or lubricating oil, mud, or glass grinding or polishing wastes.

Any wastewater having a pH less than 5.0, unless the POTW is specifically designed to accommodate such wastewater, or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment, and/or personnel of the POTW.

Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the POTW, or to exceed the limitation set forth in a categorical pretreatment standard or to exceed the limitation or requirement set forth in a federal, state or County pretreatment standard or requirement. A toxic pollutant shall include but not be limited to any pollutant identified pursuant to Section 307(a) of the Act.

Any noxious or malodorous liquids, gases, or solids which either singly or by interaction with other wastes are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair.

Any substance which may cause the POTW's effluent or any other product of the POTW, such as residues, sludges or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act; any criteria, guidelines, or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or state criteria applicable to the sludge management method being used.

(g)

Any substance which will cause the POTW to violate its NPDES and/or state disposal system permit or the receiving water quality standards.

(h)

Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions.

(i)

Any wastewater having a temperature which will inhibit biological activity in the POTW treatment plant resulting in interference, but in no case wastewater with a temperature at the introduction into the POTW to exceed 40° C. (104° F.) unless the POTW treatment plant is designed to accommodate such temperature.

(j)

Any slug load, release rate of pollutants, concentration of pollutants, including oxygen-demanding pollutants either singly or by interaction with other pollutants or waste streams, which may cause interference with any wastewater treatment process, constitute a hazard to humans or animals, contaminate the sludge, pass-through the treatment plant to receiving waters, or could result in a violation of the County's NPDES permit.

(k)

Any wastewater containing any radioactive wastes or isotopes of such half life or concentration as may exceed limits established by the Superintendent in compliance with applicable state or federal regulations.

(l)

Any wastewater which causes a hazard to human life or creates a public nuisance.

(m)

Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems.

(n)

Any trucked or hauled pollutants, except at discharge points designated by the County.

(o)

Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through.

Federal categorical pretreatment standards. The national categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405 through 471, are hereby incorporated.

Local limits. Specific pollutant limitations will be developed on a case-by-case basis by the Allegany County Director of Public Works for each wastewater treatment plant owned by the County which receives industrial wastewater. Specific pollutant limitations for those industrial users discharging to Cumberland will be equal to or more stringent than those imposed by Cumberland on industrial users of its plant. Specific pollutant limitations will be included in wastewater contribution permits issued for direct and indirect discharges.

State requirements. State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations or those in this chapter. The State of Maryland pretreatment standards and requirements found in COMAR, Title 26, are hereby incorporated.

(6)

County's right of revision. The County reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives in the Subsection A.

(7)

Excessive discharge. No user shall ever increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the federal categorical pretreatment standards, or in any other pollutant-specific limitation developed by the County or state.

(8)

Accidental discharges. Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this chapter. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner or user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the County for review, and shall be approved by the County before construction of the facility. All existing users shall complete such a plan. No user who commences contribution to the POTW after the effective date of this chapter shall be permitted to introduce pollutants into the system until the facility's accidental discharge procedures have been approved by the County. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements of this chapter. In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the POTW of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions.

(9)

Notification. All users of the POTW shall immediately notify the POTW to which they discharge of all discharges that could cause problems to the POTW, including any slug loadings that would violate any of the specific prohibition of 40 CFR Part 403.5(b).

(10)

Written notice. Within five days following an accidental discharge, the user shall submit to the Superintendent a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this section or other applicable law.

(11)

Notice to employees. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall insure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure.

(12)

Pretreatment standards and requirements. All industrial users shall comply with the federal general pretreatment standards in 40 CFR Part 403 and the applicable national categorical pretreatment standards set out in 40 CFR Chapter I, Subchapter N, Parts 401 through 471, upon promulgation and all applicable federal, state, or local requirements or standards. In the event that any user discharges to a POTW outside the jurisdiction of the County, the user shall be subject to and comply with standards and requirements at least as stringent as those established by the outside jurisdiction.

(13)

Bypass not violating applicable pretreatment standards or requirements. An industrial user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of Subsection B(13)(a) and (b) of this section.

Notice.

If an industrial user knows in advance of the need for a bypass, it shall submit prior notice to the County and/or POTW, if possible at least 10 days before the date of the bypass.

An industrial user shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment standards to the County and/or POTW within 24 hours from the time the industrial user becomes aware of the bypass. A written submission shall also be provided within five days of the time the industrial user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The County may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.

Prohibition of bypass.

Bypass is prohibited and the County may take enforcement action against an industrial user for a bypass unless:

[a]

Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

[b]

There were not feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and

[c]

The industrial user submitted notices as required under paragraph Subsection B(13)(a) of this section.

The County and/or POTW may approve an anticipated bypass, after considering its adverse effects, if the County and/or POTW determines that it will meet the three conditions listed in Subsection B(13)(b)[1] of this section.

(14)

Upset provision and notification.

An upset means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the industrial user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation.

An upset can be used as an affirmative defense to an action brought for noncompliance with categorical pretreatment standards, provided the industrial user meets certain conditions. An industrial user who wishes to establish the affirmative defense of upset must demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:

An upset occurred and the industrial user can identify the cause or causes;

The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures;

[3]

The industrial user has submitted the following information to the County within 24 hours of becoming aware of the upset (if this information is provided orally, a written submission must follow within five days): a description of the indirect discharge and cause of noncompliance; the period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; steps being taken or planned to reduce, eliminate and prevent recurrence of the noncompliance.

[4]

In an enforcement proceeding, the industrial user seeking to establish the occurrence of an upset shall have the burden of proof.

[5]

Industrial users will have the opportunity for judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.

[6]

The industrial user shall control production or all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost or fails.

§ 512-5 Fees.

Purpose. It is the purpose of this chapter to provide for the recovery of costs from users of the County's wastewater disposal system for the implementation of the program established herein. The applicable charges or fees shall be set forth in the County's Schedule of Charges and Fees.

Charges and fees.

The County may adopt by order charges and fees which may include:

Fees for reimbursement of costs of setting up and operating the County's pretreatment program;

Fees for monitoring, inspections and surveillance procedures;

Fees for reviewing accidental discharge procedures and construction;

Fees for permit applications;

Fees for filing appeals;

Other fees the County may deem necessary to carry out the requirements contained herein.

These fees relate solely to the matters covered by this chapter and are separate from all other fees chargeable by the County.

§ 512-6 Administration.

Wastewater discharges.

It shall be unlawful to discharge to any natural outlet to the waters of the State of Maryland without first being considered for an NPDES permit as issued by the Maryland Department of the Environment.

It shall further be unlawful to discharge to the POTW any wastewater except as authorized by the Superintendent in accordance with the provisions of this chapter. This shall also apply to contributors outside the boundary and jurisdiction of the County who discharges to the County POTW.

Wastewater contribution permits. All significant industrial users proposing to connect to or to contribute to the POTW shall obtain a wastewater contribution permit before connecting to or contributing to the POTW, except that a significant industrial user that has filed a timely application pursuant to Subsection C of this section may continue to discharge until a permit decision has been made by the County.

Permit application.

Users required to obtain a wastewater contribution permit shall complete and file with the County an application in the form prescribed by the County, and accompanied by the appropriate fee. Existing users shall apply for a wastewater contribution permit within 30 days after being notified to do so, and proposed new users shall apply at least 90 days prior to connecting to or contributing to the POTW. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:

Name, address, and location (if different from the address);

SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended;

Wastewater constituents and characteristics as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR Part 136, as amended;

Time and duration of contribution;

Average daily and three-minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any;

Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, and appurtenances by the size, location and elevation;

(g)

Description of activities, facilities and plant processes on the premises, including all materials which are or could be discharged;

(h)

Where known, the nature and concentration of any pollutants in the discharge which are limited by any County, state, or federal pretreatment standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the user to meet applicable pretreatment standards;

(i)

Schedule for additional pretreatment.

If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard.

The following conditions shall apply to this schedule:

[a]

The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).

[b]

No increment referred to in Subsection C(1)(i)[2][a] shall exceed nine months.

[c]

Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the Superintendent, including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with the increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the Superintendent.

(j)

Each product produced by type, amount, process or processes and rate of production;

(k)

Type and amount of raw materials processed (average and maximum per day);

(l)

Number and type of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system;

(m)

Any other information as may be deemed by the Commission to be necessary to evaluate the permit application.

The County will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the County may issue a wastewater contribution permit subject to terms and conditions provided herein.

Permit modifications. Within nine months of the promulgation of a national categorical pretreatment standard, the wastewater contribution permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a national categorical pretreatment standard, has not previously submitted an application for a wastewater contribution permit as required by this chapter, the user shall apply for a wastewater contribution permit within 180 days after the promulgation of the applicable national categorical pretreatment standard. In addition, the user with an existing wastewater contribution permit shall submit to the Superintendent within 180 days after the promulgation of an applicable federal categorical pretreatment standard the information required by Subsection C(1)(h) and (i).

Permit conditions.

Wastewater contribution permits shall be expressly subject to all provisions of this chapter and all other applicable regulations, user charges and fees established by the County.

Permits may contain the following:

The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer;

Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization;

Requirements for installation and maintenance of inspection and sampling facilities;

Compliance schedules;

A schedule of surcharges or penalty charges to be applied for not meeting discharge limits;

Other conditions as deemed appropriate by the County to ensure compliance with this chapter.

Permits shall contain the following:

Effective and expiration dates;

Statement of nontransferability as specified in Subsection G;

Effluent limitations based on applicable general pretreatment standards, categorical pretreatment standards, local limits, and/or state and local law;

Self-monitoring, sampling, reporting, notification and recordkeeping requirements, including an identification of the pollutants to be monitored, sampling location, sampling frequency, and sample type, based on the applicable general pretreatment standards, categorical pretreatment standards, local limits, and/or state and local law;

Statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the compliance date beyond applicable federal deadlines.

Permit duration. Permits shall be issued for a specified time period, not to exceed five years. The terms and conditions of the permit may be subject to modification by the County during the term of the permit as limitations or requirements as identified in § 512-4B are modified or other just cause exists (i.e., changes in the federal, state, or the City of Cumberland pretreatment requirements or standards). Users shall apply for a new permit at least 180 days prior to the expiration of the user's existing permit.

Permit transfer. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without the prior written approval of the County.

Reporting requirements for permittee.

Upon request of the County, any discharger or potential discharger of industrial wastes into the POTW may be required to submit plans, reports, questionnaires, notices or analytical data to evaluate waste discharge characteristics and ensure compliance with this chapter. These may include baseline monitoring reports, compliance reports, periodic self-monitoring reports, compliance schedule progress reports, violation reports and notice of slug loadings, upset, bypass, or any other reporting requirement specified in 40 CFR 403.12. Reports shall include, but not be limited to, information on flows, pollutant concentrations, spills, etc.

All documentation required by this section shall be provided with the following certification statement:

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

All reports and certification statements must also be signed by an authorized representative.

All significant industrial users shall submit to the County periodic compliance reports at least once every six months, unless required more frequently by the County. These reports shall be due on the dates specified in the wastewater contribution permit. All reports shall be signed by an authorized representative of the user.

If sampling performed by an industrial user indicated a violation, the user shall notify the County within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the County within 30 days after becoming aware of the violation, except the industrial user is not required to resample if:

The County performs sampling at the industrial user at a frequency of at least once per month; or

The County performs sampling at the user between the time when the user performs its initial sampling and the time when the user receives the results of this sampling.

Sampling and analysis. All analyses, including sampling techniques, submitted in support of any application, report, evidence or required by any permit or order shall be performed in accordance with 40 CFR Part 136 and amendments thereto. Where 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the administrator (as defined in 40 CFR Part 136) determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the County or other persons, approved by the administrator.

Monitoring facilities.

The County has the authority to require to be provided and operated at the user's own expense monitoring facilities and equipment to allow inspection, sampling, and flow measurement of the building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the user's premises, but the County may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.

There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.

Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the County's requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification by the County.

Inspection and sampling. The County may inspect the facilities of any user to ascertain whether the purpose of this chapter is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the County or its representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination, copying of records or in the performance of any of their duties. The County, approval authority (where the NPDES state is the approval authority), and EPA shall have the right to set up on the User's property such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the County, approval authority and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.

Pretreatment.

Users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all federal categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations. Any facilities required to pretreat wastewater to a level acceptable to the County shall be provided, operated, and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the County for review, and shall be acceptable to the County before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the County under the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the County prior to the user's initiation of the changes.

All industrial users shall promptly notify the County in advance of any substantial change in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under 40 CFR 403.12(p). The County has the authority to deny or condition substantial changes through the amendment or termination of the wastewater contribution permit.

Confidential information.

Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the County that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.

When required by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this chapter, the national pollutant discharge elimination system (NPDES) permit, state disposal system permit and/or the pretreatment programs; provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.

Information accepted by the County as confidential shall not be transmitted to the general public by the County until and unless a ten-day notification is given to the user.

Records.

Users shall retain and make available upon request of an authorized representative of the County, the state, or EPA all records required to be collected by the user pursuant to this chapter.

These records shall remain available for a period of at least three years after their collection. This period shall be extended during any litigation concerning compliance with this chapter or permit conditions.

Hazardous discharge.

The industrial user shall notify the POTW, the EPA Regional Waste Management Division Director, and state hazardous waste authorities in writing of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the industrial user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification shall also contain the following information to the extent such information is known and readily available to the industrial user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month, and an estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notifications of changed discharges must be submitted under 40 CFR 403.12(j). The notification requirement in this section does not apply to pollutants already reported under self-monitoring requirements of 40 CFR 403.12(b), (d), and (e).

Dischargers are exempt from the requirements of Subsection O(1) of this section during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the industrial user discharges more than such quantities of any hazardous waste do not require additional notification.

Compliance schedule. If additional pretreatment or operation and maintenance will be required for an industrial user to comply with any provisions of this chapter or a state or federal pretreatment standard or requirement, the County may require the industrial user to submit for approval a schedule specifying the shortest time frame for the industry to achieve compliance. This schedule will contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of the additional pretreatment to bring the industrial user into compliance.

Appeals.

The permittee may petition to the County to appeal the terms of a wastewater contribution permit, a notice of violation, or a penalty assessment within 30 days of issuance of said item. This petition must be in writing; failure to submit a petition for review shall be deemed to be a waiver of the appeal. In its petition, the permittee must indicate the provisions or action objected to, the reasons for this objection, and the alternative condition or action, if any, it seeks.

The effectiveness of the wastewater contribution permit, the notice of violation, or the penalty assessment shall not be stayed pending a reconsideration by the County. If, after considering the petition and any arguments put forth by the County staff, the County Administrator determines that reconsideration is proper, he/she shall remand the issue back to the County staff for reconsideration. Any permit provisions being reconsidered by the County staff shall be stayed pending reissuance.

A County decision not to reconsider an issue shall be considered final administrative action for purposes of judicial review. The permittee seeking judicial review of the Board's final action must do so by filing a complaint with the appropriate court of jurisdiction.

§ 512-7 Enforcement.

Harmful contributions. The County may suspend the wastewater treatment service and/or a wastewater contribution permit when such suspension is necessary, in the opinion of the County, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, causes interference to the POTW or causes the County to violate any condition of its NPDES permit. Any person notified of a suspension of the wastewater treatment service and/or the wastewater contribution permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the County shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals. The County shall reinstate the wastewater contribution permit and/or the wastewater treatment service at the cost of the user upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the County within 15 days of the date of occurrence.

Revocation of permit. Any user who violates any condition of this chapter, their permit, or applicable state and federal regulations is subject to having his permit revoked in accordance with the procedures of this chapter.

Notification of violation. Whenever the County finds that any user has violated or is violating this chapter, wastewater contribution permit, or any prohibition, limitation of requirements contained herein, the County may serve upon such person a written notice stating the nature of the violation.

Show cause hearing. The County may order any user which causes or contributes to violation(s) of this chapter, wastewater discharge permits, or orders issued hereunder, or any other pretreatment standard or requirement, to appear before the County and show cause why a proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and require that the user show cause why this proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least 10 days prior to the hearing. Whether or not the user appears as ordered, immediate enforcement action may be pursued following the hearing date. A show-cause hearing shall not be a prerequisite for taking any other action against the user.

The County may itself conduct the hearing and take the evidence, or may designate any of its members or any officer or employee of the assigned department to:

Issue in the name of the County notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings;

Take the evidence;

Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the County for action thereon.

At any hearing held pursuant to this chapter, testimony taken must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof.

After the County has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed and existing treatment facilities, devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued.

Legal action. If any person discharges sewage, industrial wastes or other wastes into the County's wastewater disposal system contrary to the provisions of this chapter, federal or state pretreatment requirements, or any order of the County, the County Attorney(s) may commence an action for appropriate legal and/or equitable relief in the Circuit Court of this County.

Injunctive relief.

General. Allegany County may bring an action for an injunction against any person who violates any provision of this chapter or any rules, regulations, order, or permit adopted or issued under this chapter.

Findings. In any action for an injunction under this section, any finding of Allegany County after hearing is prima facie evidence of each fact Allegany County determines.

Grounds. On a showing that any person is violating or is about to violate this subtitle or any rule, regulation, order, or permit adopted or issued by Allegany County, the court shall grant an injunction without requiring a showing of a lack of an adequate remedy at law.

Emergency. If an emergency arises due to imminent danger to the public health or welfare, or imminent danger to the environment, Allegany County may sue for an immediate injunction to stop any pollution or other activity that is causing the danger.

Publication. The County shall publish annually in the largest local daily paper a list of industrial users which at any time during the previous 12 months were in significant noncompliance with applicable pretreatment requirements. For the purpose of this provision, an industrial user is in significant noncompliance if its violation(s) meets one or more of the following criteria:

Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all of the measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter;

Technical review criteria (TRC) violations, defined here as those in which 33% or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH).

Any other violation of a pretreatment effluent limit (daily maximum or longer-term average) that the County determines has caused, alone or in combination with other discharges, interference or pass-through (including endangering the health of POTW personnel or the general public);

Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the County's exercise of its emergency authority under 40 CFR 403.8(f)(1)(vi)(B) to halt or prevent such a discharge;

Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;

(6)

Failure to provide, within 30 days after the due date, required reports such as baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;

(7)

Failure to accurately report noncompliance;

(8)

Any other violation or group of violations which the Commission determines will adversely affect the operation or implementation of the local pretreatment program.

§ 512-8 Protection from damage.

No authorized person shall maliciously, willfully, or negligently break, damage, uncover, deface or tamper with any structure, appurtenance, or equipment which is a part of the wastewater system.

§ 512-9 Power and authority of enforcing agents. [1]

Any employee or agent of the County shall have the right of entry, at reasonable hours, upon any private premises and into any building connected to the public sewer, while in the pursuit of his official duties, upon first presenting proper credentials from the County, for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter, and any restraint or hindrance offered to such entry by any owner or tenant, or agent of said owner or tenant, or any other person, shall be a misdemeanor punishable in accordance with the provisions of § 699 of the Environment Article of the Annotated Code of Maryland, latest edition, as amended from time to time.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 512-10 Violations and penalties.

Any person found to be violating or who willingly or negligently fails to comply with any provision of this chapter, and the orders, rules, regulations and permits issued hereunder, shall be served by the County written notice stating the nature of the violation. Within 30 days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the County by the user. Once this plan is approved by the County, the offender shall, within 30 days, permanently cease all violations. Any offender who does not comply within the thirty-day period given shall be served with a civil citation pursuant to authority granted by Article 25B, § 13C of the Annotated Code of Maryland. The following violations are deemed to be civil infractions:

Illegal connections, either new or existing, as described in § 512-3A.

Illegal discharges as described in §§ 512-3B and 512-4B.

Willful or negligent failure to comply with any provision of this chapter, and the orders, rules, regulations and permits issued hereunder.

Falsifying statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter, or wastewater contribution permit.