[Adopted 6-2-2014 by Ord. No. 767-14]
The purpose of this article is to provide for the health, safety,
and general welfare of the citizens of the Town of Bel Air through
the regulation of nonstormwater discharges to the storm drainage system
to the maximum extent practicable as required by federal and state
law. This article establishes methods for controlling the introduction
of pollutants into the municipal separate storm sewer system (MS4)
in order to comply with requirements of the National Pollutant Discharge
Elimination System (NPDES) permit process. The objectives of this
article are:
A. To regulate the contribution of pollutants to the MS4 by stormwater
discharges by any user.
B. To prohibit illicit connections and discharges to the MS4.
C. To establish legal authority to carry out all inspection, surveillance,
monitoring, and enforcement procedures necessary to ensure compliance
with this article.
For the purposes of this article, the following shall mean:
BEST MANAGEMENT PRACTICES (BMPs)
Schedules of activities, prohibitions of practices, general
good housekeeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices
to prevent or reduce the discharge of pollutants directly or indirectly
to stormwater, receiving waters, or stormwater conveyance systems.
BMPs also include treatment practices, operating procedures, and practices
to control site runoff, spillage or leaks, sludge or water disposal,
or drainage from raw materials storage.
CLEAN WATER ACT
The federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
CONSTRUCTION ACTIVITY
Activities subject to NPDES construction permits. These include
construction projects resulting in land disturbance of one acre or
more. Such activities include but are not limited to clearing and
grubbing, grading, excavating, and demolition.
HAZARDOUS MATERIALS
Any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration, or physical,
chemical, or infectious characteristics may cause, or significantly
contribute to, a substantial present or potential hazard to human
health, safety, property, or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed.
ILLEGAL DISCHARGE
Any direct or indirect nonstormwater discharge to the storm drain system, except as exempted in §
407-7 of this article.
ILLICIT CONNECTIONS
An illicit connection is defined as either of the following:
A.
Any drain or conveyance, whether on the surface or subsurface,
that allows an illegal discharge to enter the storm drain system,
including but not limited to any conveyances that allow any nonstormwater
discharge, including sewage, process wastewater, and wash water to
enter the storm drain system and any connections to the storm drain
system from indoor drains and sinks, regardless of whether said drain
or connection had been previously allowed, permitted, or approved
by an authorized enforcement agency; or
B.
Any drain or conveyance connected from a commercial or industrial
land use to the storm drain system that has not been documented in
plans, maps, or equivalent records and approved by an authorized enforcement
agency.
INDUSTRIAL ACTIVITY
Activities subject to NPDES industrial stormwater permits
as defined in 40 CFR, § 122.26(b)(14).
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
The system of conveyances (including sidewalks, roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) owned and operated by
the Town of Bel Air and designed or used for collecting or conveying
stormwater, and that is not used for collecting or conveying sewage.
PERSON
Any individual, association, organization, partnership, firm,
corporation or other entity recognized by law and acting as either
the owner or as the owner's agent.
POLLUTANT
Anything which causes or contributes to pollution. Pollutants
may include, but are not limited to: paints, varnishes, and solvents;
oil and other automotive fluids; nonhazardous liquid and solid wastes
and yard wastes; refuse, rubbish, garbage, litter, or other discarded
or abandoned objects, and accumulations, so that same may cause or
contribute to pollution; floatables; pesticides, herbicides, and fertilizers;
hazardous substances and wastes; sewage, fecal coliform and pathogens;
dissolved and particulate metals; animal wastes; wastes and residues
that result from constructing a building or structure; and noxious
or offensive matter of any kind.
PREMISES
Any building, lot, parcel of land, or portion of land whether
improved or unimproved including adjacent sidewalks and parking strips.
STORM DRAINAGE SYSTEM
Publicly owned facilities by which stormwater is collected
and/or conveyed, including but not limited to any roads with drainage
systems, municipal streets, gutters, curbs, inlets, piped storm drains,
pumping facilities, retention and detention basins, natural and human-made
or altered drainage channels, reservoirs, and other drainage structures.
STORMWATER
Any surface flow, runoff, and drainage consisting entirely
of water from any form of natural precipitation, and resulting from
such precipitation.
STORMWATER MANAGEMENT PLAN
A document which describes the best management practices
and activities to be implemented by a person or business to identify
sources of pollution or contamination at a site and the actions to
eliminate or reduce pollutant discharges to stormwater, stormwater
conveyance systems, and/or receiving waters to the maximum extent
practicable.
WATERCOURSE
Any waters of the state and any conveyance that would drain
to waters of the state.
WASTEWATER
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
This article shall apply to all flows entering the storm drain
system generated on any developed and undeveloped lands unless explicitly
exempted by the Department of Public Works.
The Department of Public Works shall administer, implement,
and enforce the provisions of this article. Any powers granted or
duties imposed upon the Department of Public Works may be delegated
in writing by the Director of the Department of Public Works to persons
or entities acting in the beneficial interest of or in the employ
of the agency.
This article is not intended to modify or repeal any other ordinance,
rule, regulation, or other provision of law. The requirements of this
article are in addition to the requirements of any other ordinance,
rule, regulation, or other provision of law, and where any provision
of this article imposes restrictions different from those imposed
by any other ordinance, rule, regulation, or other provision of law,
whichever provision is more restrictive or imposes higher protective
standards for human health or the environment shall control.
The standards set forth herein and promulgated pursuant to this
article are minimum standards; therefore this article does not intend
or imply that compliance by any person will ensure that there will
be no contamination, pollution, or unauthorized discharge of pollutants.
Every person owning property through which a watercourse passes,
or such person's lessee, shall keep and maintain that part of
the watercourse within the property free of trash, debris, excessive
vegetation, and other obstacles that would pollute, contaminate, or
significantly retard the flow of water through the watercourse. In
addition, the owner or lessee shall maintain existing privately owned
structures within or adjacent to a watercourse, so that such structures
will not become a hazard to the use, function, or physical integrity
of the watercourse.
Notwithstanding other requirements of law, as soon as any person
responsible for a facility or operation, or responsible for emergency
response for a facility or operation has information of any known
or suspected release of materials which are resulting or may result
in illegal discharges or pollutants discharging into stormwater, the
storm drain system, or waters of the United States, said person shall
take all necessary steps to ensure the discovery, containment, and
cleanup of such release. In the event of such a release of hazardous
materials said person shall immediately notify emergency response
agencies of the occurrence via emergency dispatch services. In the
event of a release of nonhazardous materials, said person shall notify
the Department of Public Works in person or by phone or facsimile
no later than the next business day. Notifications in person or by
phone shall be confirmed by written notice addressed and mailed to
the Department of Public Works within 10 business days of the phone
notice. If the discharge of prohibited materials emanates from a commercial
or industrial establishment, the owner or operator of such establishment
shall also retain an on-site written record of the discharge and the
actions taken to prevent its recurrence. Such records shall be retained
for at least three years. Failure to provide notification of a release
as provided above is a violation of this article.
Any person receiving a notice of violation may appeal the determination
of the Department of Public Works. The notice of appeal must be received
within 10 business days from the date of the notice of violation.
Hearing on the appeal before the Town Administrator or his/her designee
shall take place within 30 days from the date of receipt of the notice
of appeal. The decision of the Town Administrator or his designee
shall be final.
If the violation has not been corrected pursuant to the requirements
set forth in the notice of violation, or, in the event of an appeal,
within 30 days of the decision of the Town Administrator upholding
the decision of the Department of Public Works, then representatives
of the Department of Public Works shall enter upon the subject private
property and are authorized to take any and all measures necessary
to abate the violation and/or restore the property. It shall be unlawful
for any person, owner, agent or person in possession of any premises
to refuse to allow the government agency or designated contractor
to enter upon the premises for the purposes set forth above.
In addition to the enforcement processes and penalties provided,
any condition caused or permitted to exist in violation of any of
the provisions of this article is a threat to public health, safety,
and welfare, and is declared and deemed a nuisance, and may be summarily
abated or restored at the violator's expense, and/or a civil
action to abate, enjoin, or otherwise compel the cessation of such
nuisance may be taken.
The remedies listed in this article are not exclusive of any
other remedies available under any applicable federal, state or local
law and it is within the discretion of the Department of Public Works
to seek cumulative remedies. The Department of Public Works may recover
all attorney's fees, court costs and other expenses associated
with enforcement of this article, including sampling and monitoring
expenses.