[HISTORY: Adopted by the Board of County Commissioners of
Allegany County 2-22-2001 by Bill No. 5-00, effective 4-8-2001 (Ch. 190 of the 1984 Code). Amendments
noted where applicable.]
A.Â
An act to regulate the use of public and private sewer and drains,
private wastewater disposal, the installation and connection of building
sewers and the discharge of waters and wastes into the public sewer
system; and providing penalties for violations thereof, and declaring
an emergency.
B.Â
An act to provide the requirements for direct and indirect contributors
into the wastewater collection and treatment system for Allegany County
and enabling the County to comply with all applicable state and federal
laws required by the Clean Water Act of 1977 and the General Pretreatment
Regulations (40 CFR Part 403).
A.Â
ACT
APPROVAL AUTHORITY
AUTHORIZED REPRESENTATIVE
(1)Â
(2)Â
(3)Â
(a)Â
(b)Â
(c)Â
(4)Â
BIOCHEMICAL OXYGEN DEMAND (BOD)
BUILDING DRAIN
BUILDING SEWER
BYPASS
CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD
COOLING WATER
COUNTY
DIRECT DISCHARGE
DISCHARGE PERMIT
DISTRICT or SANITARY DISTRICT
ENVIRONMENTAL PROTECTION AGENCY or EPA
GARBAGE
GRAB SAMPLE
GROUNDWATER
HOLDING TANK WASTE
INDIRECT DISCHARGE
INDUSTRIAL USER
INDUSTRIAL WASTES
INTERFACE
INTERFERENCE
(1)Â
(2)Â
MAY
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM or NPDES PERMIT
NATIONAL PROHIBITIVE DISCHARGE STANDARD OR PROHIBITIVE DISCHARGE
STANDARD
NATURAL OUTLET
NEW SOURCE
(1)Â
(a)Â
(b)Â
(c)Â
(2)Â
(3)Â
(a)Â
[1]Â
[2]Â
(b)Â
PASS-THROUGH
PERSON
pH
POLLUTANT
POLLUTION
PRETREATMENT or TREATMENT
PRETREATMENT STANDARDS or STANDARDS
PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES
PROPERLY SHREDDED GARBAGE
PUBLICLY OWNED TREATMENT WORKS (POTW)
PUBLIC SEWER
SANITARY SEWER
SEVERE PROPERTY DAMAGE
SEWER
SHALL
SIGNIFICANT INDUSTRIAL USER
(1)Â
(a)Â
(b)Â
(c)Â
(d)Â
(2)Â
SLUG
STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE
STATE
STORM SEWER or STORM DRAIN
STORMWATER
SUPERINTENDENT
SURFACE WATER
SUSPENDED SOLIDS
TOXIC POLLUTANT
USER
WASTEWATER
WASTEWATER CONTRIBUTION PERMIT
WASTEWATER SYSTEM
WASTEWATER TREATMENT PLANT
WATERCOURSE
WATERS OF THE STATE
Definitions. Unless the context specifically indicates otherwise,
the following terms and phrases used in this chapter shall have the
following meanings:
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
The Director in an NPDES state with an approved state pretreatment
program and the Administrator of the EPA in a non-NPDES state or NPDES
state without an approved state pretreatment program.
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.
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.
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)].
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.
The extension from the building drain to the public sewer
or other place of disposal.
The intentional diversion of waste streams from any portion
of an industrial user's treatment facility.
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.
The water discharged from any use such as air conditioning,
cooling or refrigeration, or to which the only pollutant added is
heat.
The Allegany County Commissioners, the governing body of
Allegany County, its departments and agencies, including the Allegany
County Sanitary District, Inc.
The discharge of treated or untreated wastewater directly
to the waters of the State of Maryland.
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.
The sanitary service district, as established and recorded.
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.
Solid wastes from the preparation, cooking and dispensing
of food, and from the handling, storage, and sale of products.
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.
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.
Any waste from holding tanks such as vessels, chemical toilets,
campers, trailers, septic tanks, and vacuum-pump tank trucks.
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).
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).
The liquid wastes from industrial processes as distinct from
sanitary wastewater.
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.
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
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.
Permissive.
A permit issued pursuant to Section 402 of the Act (33 U.S.C.
§ 1342).
Any regulation developed under the authority of 307(b) of
the Act and 40 CFR 403.5.
Any outlet into a watercourse, pond, ditch, lake or other
body of surface or ground water.
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
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.
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).
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.
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].
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)
Prohibitive discharge standards, categorical pretreatment
standards, state pretreatment standards, and local limits.
Absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 512-4B of this chapter.
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.
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.
A sewer which is controlled by public authority.
A sewer which carries wastewater and to which storm, surface
and groundwaters are not intentionally admitted.
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.
A pipe or conduit for carrying wastewater.
Mandatory.
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.
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.
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 of Maryland.
A sewer which carries storm, ground and surface waters and
drainage, but excludes wastewater and polluted industrial wastes.
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
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.
Drainage streams or rainwater which enters the building drain
or building sewer via roof leaders, area drains, or other direct or
indirect connections.
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.
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.
Any person who contributes, causes or permits the contribution
of wastewater into the County's POTW.
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.
As set forth in that specific section of this chapter hereinbelow
described.
All facilities for collecting, pumping, treating and disposing
of wastewater.
Any arrangement of devices and structures used for treating
wastewater.
A channel in which a flow of water occurs, either continuously
or intermittently.
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.
B.Â
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
|
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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.
E.Â
When installed, all grease, oil and sand interceptors shall be maintained
by the owner, at his expense, in continuously efficient operation
at all times.
F.Â
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.
G.Â
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.
H.Â
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.
I.Â
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.
A.Â
Objectives.
(1)Â
The objectives of this chapter are:
(a)Â
To prevent the introduction of pollutants into the wastewater
system which will interfere with the operation of the system or contaminate
the resulting sludge;
(b)Â
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;
(c)Â
To improve the opportunity to recycle and reclaim wastewaters
and sludges from the system;
(d)Â
To provide for equitable distribution of the cost of the wastewater
system; and
(e)Â
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.
(2)Â
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.
(3)Â
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.
B.Â
Regulations.
(1)Â
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.
(2)Â
Specific prohibitions. A user shall not contribute wastewaters with
the following characteristics:
(a)Â
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.
(b)Â
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.
(c)Â
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.
(d)Â
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.
(e)Â
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.
(f)Â
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)Â
Any substance which will cause the POTW to violate its NPDES
and/or state disposal system permit or the receiving water quality
standards.
(h)Â
Any wastewater with objectionable color not removed in the treatment
process, such as, but not limited to, dye wastes and vegetable tanning
solutions.
(i)Â
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)Â
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)Â
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)Â
Any wastewater which causes a hazard to human life or creates
a public nuisance.
(m)Â
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)Â
Any trucked or hauled pollutants, except at discharge points
designated by the County.
(o)Â
Petroleum oil, nonbiodegradable cutting oil, or products of
mineral oil origin, in amounts that will cause interference or pass
through.
(3)Â
Federal categorical pretreatment standards. The national categorical
pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts
405 through 471, are hereby incorporated.
(4)Â
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.
(5)Â
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)Â
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)Â
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)Â
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)Â
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)Â
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)Â
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)Â
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)Â
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.
(a)Â
Notice.
[1]Â
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.
[2]Â
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.
(b)Â
Prohibition of bypass.
[1]Â
Bypass is prohibited and the County may take enforcement action
against an industrial user for a bypass unless:
[a]Â
Bypass was unavoidable to prevent loss of life,
personal injury, or severe property damage;
[b]Â
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
[2]Â
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)Â
Upset provision and notification.
(a)Â
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.
(b)Â
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:
[1]Â
An upset occurred and the industrial user can identify the cause
or causes;
[2]Â
The facility was at the time being operated in a prudent and
workmanlike manner and in compliance with applicable operation and
maintenance procedures;
[3]Â
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]Â
In an enforcement proceeding, the industrial user seeking to
establish the occurrence of an upset shall have the burden of proof.
[5]Â
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]Â
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.
A.Â
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.
B.Â
Charges and fees.
(1)Â
The County may adopt by order charges and fees which may include:
(a)Â
Fees for reimbursement of costs of setting up and operating
the County's pretreatment program;
(b)Â
Fees for monitoring, inspections and surveillance procedures;
(c)Â
Fees for reviewing accidental discharge procedures and construction;
(d)Â
Fees for permit applications;
(e)Â
Fees for filing appeals;
(f)Â
Other fees the County may deem necessary to carry out the requirements
contained herein.
(2)Â
These fees relate solely to the matters covered by this chapter and
are separate from all other fees chargeable by the County.
A.Â
Wastewater discharges.
(1)Â
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.
(2)Â
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.
B.Â
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.
C.Â
Permit application.
(1)Â
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:
(a)Â
Name, address, and location (if different from the address);
(b)Â
SIC number according to the Standard Industrial Classification
Manual, Bureau of the Budget, 1972, as amended;
(c)Â
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;
(d)Â
Time and duration of contribution;
(e)Â
Average daily and three-minute peak wastewater flow rates, including
daily, monthly and seasonal variations, if any;
(f)Â
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)Â
Description of activities, facilities and plant processes on
the premises, including all materials which are or could be discharged;
(h)Â
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)Â
Schedule for additional pretreatment.
[1]Â
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.
[2]Â
The following conditions shall apply to this schedule:
[a]Â
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]Â
No increment referred to in Subsection C(1)(i)[2][a] shall exceed
nine months.
[c]Â
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)Â
Each product produced by type, amount, process or processes
and rate of production;
(k)Â
Type and amount of raw materials processed (average and maximum
per day);
(l)Â
Number and type of employees, and hours of operation of plant
and proposed or actual hours of operation of pretreatment system;
(m)Â
Any other information as may be deemed by the Commission to
be necessary to evaluate the permit application.
(2)Â
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.
D.Â
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).
E.Â
Permit conditions.
(1)Â
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.
(2)Â
Permits may contain the following:
(a)Â
The unit charge or schedule of user charges and fees for the
wastewater to be discharged to a community sewer;
(b)Â
Limits on average and maximum rate and time of discharge or
requirements for flow regulations and equalization;
(c)Â
Requirements for installation and maintenance of inspection
and sampling facilities;
(d)Â
Compliance schedules;
(e)Â
A schedule of surcharges or penalty charges to be applied for
not meeting discharge limits;
(f)Â
Other conditions as deemed appropriate by the County to ensure
compliance with this chapter.
(3)Â
Permits shall contain the following:
(a)Â
Effective and expiration dates;
(c)Â
Effluent limitations based on applicable general pretreatment
standards, categorical pretreatment standards, local limits, and/or
state and local law;
(d)Â
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;
(e)Â
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.
F.Â
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.
G.Â
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.
H.Â
Reporting requirements for permittee.
(1)Â
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.
(2)Â
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."
|
(3)Â
All reports and certification statements must also be signed by an
authorized representative.
(4)Â
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.
(5)Â
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:
I.Â
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.
J.Â
Monitoring facilities.
(1)Â
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.
(2)Â
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.
(3)Â
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.
K.Â
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.
L.Â
Pretreatment.
(1)Â
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.
(2)Â
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.
M.Â
Confidential information.
(1)Â
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.
(2)Â
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.
(3)Â
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.
N.Â
Records.
(1)Â
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.
(2)Â
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.
O.Â
Hazardous discharge.
(1)Â
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).
(2)Â
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.
P.Â
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.
Q.Â
Appeals.
(1)Â
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.
(2)Â
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.
(3)Â
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.
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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.
(1)Â
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:
(a)Â
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;
(b)Â
Take the evidence;
(c)Â
Transmit a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations to the County for
action thereon.
(2)Â
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.
(3)Â
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.
E.Â
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.
F.Â
Injunctive relief.
(1)Â
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.
(2)Â
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.
(3)Â
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.
(4)Â
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.
G.Â
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:
(1)Â
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;
(2)Â
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).
(3)Â
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);
(4)Â
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;
(5)Â
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)Â
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)Â
Failure to accurately report noncompliance;
(8)Â
Any other violation or group of violations which the Commission determines
will adversely affect the operation or implementation of the local
pretreatment program.
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.
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.
A.Â
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:
(3)Â
Willful or negligent failure to comply with any provision of this
chapter, and the orders, rules, regulations and permits issued hereunder.
(4)Â
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.
(5)Â
Falsifying, tampering with, or knowingly rendering inaccurate any
monitoring device or method required under this chapter.
B.Â
All civil citations shall be processed in accordance with Article
25B, Section 13(c), of the Annotated Code of Maryland. Each violation
under this chapter is a separate offense, and a separate citation
shall be issued for each discrete violation. Each day that a violation
exists is considered a separate offense. Repeat violations for the
same offense in a twelve-month period will result in a doubling of
all applicable fines.
C.Â
A schedule of fines for civil infractions shall be established by
the Allegany County Commissioners from time to time by resolution.
All such fines, when paid, shall become the property of Allegany County.
D.Â
Except for those acts declared to be civil infractions, all other
violations of this chapter or any rule or regulation adopted pursuant
thereto shall constitute a misdemeanor and shall be punished by imprisonment
for not more than 30 days or by a fine of not less than $50 but not
more than $1,000, or both, and court costs, at the discretion of the
Court as provided herein. If any violation be continued, each day's
violation shall be deemed a separate offense.
E.Â
The County or any citizen may institute injunction, mandamus, or
other appropriate actions or proceedings at law or equity for the
enforcement of violations or to correct violations; and any court
of competent jurisdiction shall have the right to issue restraining
orders, temporary or permanent injunctions, mandamus, or other appropriate
forms of remedy or relief.
All other codes and ordinances and parts of other codes and
ordinances inconsistent or conflicting with any part of this chapter
are hereby repealed to the extent of such inconsistency or conflict.
No provision contained in this chapter shall be deemed to prevent
any special agreement or arrangement between the County and any person
whereby wastewater of unusual strength or characteristic may be accepted
by the County at County-owned treatment plants for treatment which
will not violate or cause the County and/or the user to violate federal
or state pretreatment requirements or standards or to violate discharge
standards and which will not be harmful to the system. Under no circumstances
shall the County waive federal or state pretreatment requirements
or standards or waive pretreatment requirements or standards established
by an outside jurisdiction for users that discharge to that jurisdiction.