[HISTORY: Adopted by the Board of County Commissioners of
Charles County 4-13-2013 by Bill No.2013-08.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Garbage — See Ch. 58.
Trash disposal — See Ch. 133.
Occupational safety and health — See Ch. 192.
Landfills — See Ch. 254.
[1]
Editor's Note: This chapter was originally adopted as
Ch. 176 but was renumbered to fit the alphabetical organization of
the Code.
This chapter may be cited as the "Charles County Hazardous Materials
Ordinance."
The purpose of this chapter is:
A.
To establish a program to control, prevent and abate the release
of hazardous materials into the environment.
B.
To protect citizens and the environment of Charles County from those
health hazards and other risks attendant to the use, storage, distribution,
possession or transportation of hazardous materials.
A.
This chapter is adopted pursuant to the provisions of the Annotated
Code of Maryland, Article 25a, §§ 5(A), (B), (J), and
(T);[1] § 14-109 of the Public Safety Article; and The
Environmental Article.
[1]
Editor's Note: The Annotated Code of Maryland, Article
25A, was repealed by Acts 2013, c. 119, § 1, effective Oct.
1, 2013.
B.
The chapter shall apply to all persons who manufacture, distribute,
receive, stockpile, sell, use, store, or transport hazardous materials
as defined herein within the entire area of Charles County, including
all incorporated and uincorporated areas contained therein.
As used in this chapter, the following terms shall have the
meanings indicated:
The Superfund amendments and reauthorization act of 1986
(SARA), 42 U.S.C. § 1102 et seq., all amendments thereto
and all federal regulations promulgated pursuant to the Act.
A natural disaster or other natural phenomenon, the effects
of which could not have been prevented or avoided by the exercise
of due care.
The Charles County Board of County Commissioners, or their
duly appointed designee.
A release of hazardous materials in accordance with a valid
permit granted by a local, state, or federal agency exercising jurisdiction
over such releases.
The Annotated Code of Maryland.
A meaning stated in 15 U.S.C. § 2052.
Charles County, Maryland.
All expenses incurred by the AHJ or other local emergency
organizations in responding to any actual or threatened hazardous
materials spills, leaks or other releases into the environment, and
for any remedial or removal actions taken to protect and safeguard
the public health, safety, and property or the environment. The term
includes, but is not limited to, cost incurred for personnel, equipment,
materials, supplies, services, damage or loss of equipment, and related
expenses resulting from a response.
Any person who works, with or without compensation, in a
workplace.
Any person, firm, corporation, partnership, association,
government agency, or other entity engaged in a business or providing
services which has employees.
The navigable waters of the State of Maryland contiguous
to Charles County and any other surface water, groundwater, drinking
water supply, soil surface, subsurface strata, storm sewer, sanitary
sewer or treatment plant within Charles County, Maryland. The term
shall also include the ambient atmosphere for purposes of reporting
releases pursuant to the provisions of this chapter.
Any structure, real property, installation, equipment, pipe
or pipeline, well, pit, pond, lagoon, impoundment, ditch, landfill,
container, tank, other stationary item, or any other site or area
where a hazardous material has been deposited, stored, disposed of,
abandoned, placed or otherwise situated.
Any substance, material, compound, or constituent component
thereof that is toxic, flammable, explosive, corrosive, radioactive,
an oxidizer, an etiological agent, carcinogenic, or highly reactive
when mixed with other substances, including, but not limited to, any
substance or material which is designated as hazardous material, pursuant
to the following:
Hazardous Materials Act (49 U.S.C. § 5101 et seq.)
or as listed by Appendix A, 40 CFR 302.
List of hazardous materials and reportable quantities, as amended,
by the U.S. Environmental Protection Agency (EPA).
Section 9601(14) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (CERCLA), 42 U.S.C. § 9601(14),
as amended, and regulations enacted pursuant thereto.
Maryland Annotated Code, Natural Resources Article, § 6-102,
as it defines gas, as amended.[1]
Maryland Annotated Code, Natural Resources Article, § 6-102,
as it defines oil, as amended.[2]
Maryland Annotated Code, Article 56, § 135, as it
defines motor vehicle fuel, as amended.[3]
Maryland Annotated Code, Article 56, § 135, as it
defines petroleum products, as amended.[4]
40 CFR 302, Table 302.4, Appendix B, as it defines any radiological
or nuclear material, mixture or solution of radionuclide or low-level
nuclear waste.
An application pursuant to the label directions for application
of a pesticide products registered under Section 30 or Section 24
of the Federal Insecticide, Fungicide, and Rodenticide Act as amended
(7 U.S.C. § 136 et seq.), or pursuant to the terms and conditions
of an experimental use permit issued under Section 5 of FIRA, or pursuant
to an exemption granted under Section 18 of FIRA.
Oil of any kind or in any form, including but not limited
to petroleum, fuel oil, heating oil, sludge, oil refuse, and oil mixed
with wastes other than dredged spoil.
Any individual, business, firm, partnership, corporation,
commercial entity, utility, estate, institution, group, agency, consortium,
association, trust, joint-stock company, cooperative, joint venture,
local, state or federal government agency, or any other commercial
or legal entity and their successor, assigns, representatives or agents.
Any act in violation of this chapter.
The intentional or accidental spilling, leaking, pumping,
pouring, emitting, escaping, emptying, discharging, injecting, leaching,
dumping, or disposing of a hazardous material into or onto any facility
as defined herein so that the hazardous materials or any component
thereof enter the environment. The term shall not apply to emissions
from the engine exhaust of a motor vehicle, rolling stock, aircraft,
vessel, or a pipeline station pumping engine, or the normal and lawful
application of fertilizer and pesticide.
Any mitigation and response action undertaken to prevent,
minimize, control or stop the anticipated or actual release of hazardous
materials and their associated adverse impact so that they do not
become a hazard to human health, property or the environment. The
term includes, but is not limited to, containment, confinement, perimeter
control, diking, trenching, covering, neutralization, cleanup, recycling
or reuse, diversion, destruction, segregation, collection, incineration,
and the associated initial and ongoing environment monitoring deemed
necessary to assure that such remedial actions adequately protect
public health and safety and the environment.
The cleanup or remediation of released hazardous materials
from a facility and/or the environment, and such actions as may be
necessary or appropriate to monitor, assess, and evaluate the release
or threatened release of hazardous materials, the disposal of removed
material, or the taking of such actions as may be necessary to prevent,
minimize, or mitigate damage to public health or the environment.
That quantity set forth in § 245-5 of this chapter.
Actions, including, but not limited to, response by local
public safety and emergency service agencies, as well as private environmental
engineering and remediation contractors taken to insure the preservation
and protection of the public health, safety, and the environment.
Materials and supplies acquired and expended by the AHJ specifically
for the purpose of controlling or mitigating the hazardous materials
release;
Replacement costs for AHJ's equipment that is contaminated
beyond decontamination, reuse or repair;
The cost of decontamination of AHJ's equipment contaminated
during the response;
Total compensation arising from the response, including but
not limited to salary and benefits (FICA, insurance) to include regular
and overtime pay, at the rate set by the AHJ, for regular full-time
and part-time personnel, as well as all response costs associated
with any contractor, subcontractor or agent deemed necessary by the
AHJ;
Special technical services specifically required for the response;
for example, costs associated with the time, equipment and efforts
of technical or subject matter experts or specialists engaged by the
AHJ;
Any tests to be determined by the AHJ to be necessary to identify
the physical, chemical or biological properties of the released material,
as well as initial and ongoing monitoring of the site, other affected
areas, and the ambient atmosphere;
Other special services required for the response, as determined
by the AHJ;
Costs associated with the AHJ's services, including housing
and cost of care, supplies and equipment used to conduct an evacuation
during the response; and
Administrative costs, including but not limited to attorneys'
fees and court costs incurred by the AHJ in enforcing the provisions
of this chapter.
Any person who:
Is the owner or operator of a facility or vehicle in or upon
which a hazardous material is used or stored;
Is the operator or owner of any facility or vehicle upon which
or from which a hazardous material has been released;
Is the owner or operator of a facility or vehicle, who by contract,
agreement or otherwise arranged for disposal, treatment or transport
of a hazardous material that is subsequently released into the environment
by any party; and
Accepts or accepted any hazardous materials for transport to
a disposal or treatment facility or other site.
To introduce or maintain a hazardous material into Charles
County for a period of 10 or more days.
To maintain, treat, process, handle, generate, or dispose
of, a hazardous material at or in any facility or vehicle within Charles
County.
Any automobile, truck, railroad car, airplane, watercraft
or other mode of transportation which contains or is used to ship,
carry or transport a hazardous material.
[1]
Editor's Note: Sections 6-101 through 6-104.1 of the
Natural Resources Article of the Annotated Code of Maryland were transferred
to the Environmental Article, §§ 14-101 to 14-105 by
Acts 1995, c. 488, § 2, effective July 1, 1995.
[2]
Editor's Note: Sections 6-101 through 6-104.1 of the
Natural Resources Article of the Annotated Code of Maryland were transferred
to the Environmental Article, §§ 14-101 to 14-105 by
Acts 1995, c. 488, § 2, effective July 1, 1995.
[3]
Editor's Note: The Annotated Code of Maryland, Article
56, was repealed by Acts 1996, c. 10, § 15, effective April
9, 1996.
[4]
Editor's Note: The Annotated Code of Maryland, Article
56, was repealed by Acts 1996, c. 10, § 15, effective April
9, 1996.
A.
Listed hazardous materials: the quantity appearing in column "RQ"
and reportable quantities in 40 CFR 302, as amended, published by
the U.S. Environmental Protection Agency (EPA) shall be the reportable
quantity for that material.
B.
Unlisted hazardous material: unlisted hazardous wastes designated
as hazardous materials have the reportable quantity of 100 pounds,
except for those unlisted hazardous wastes exhibiting the characteristics
of EP toxicity identified in 40 CFR 261.24. unlisted hazardous wastes
which exhibit EP toxicity have the reportable quantities listed in
Appendix A to 40 CFR 302, as amended, for the contaminant on which
the characteristic of EP toxicity is based. If an unlisted hazardous
waste exhibits EP toxicity on the basis of more than one contaminant,
the reportable quantity for that waste shall be the lowest of the
reportable quantities listed by Appendix A to 40 CFR 302, as amended,
for those contaminants. If an unlisted hazardous waste exhibits the
characteristics of EP toxicity and one or more of the other characteristics,
the reportable quantity shall be the lowest of the applicable reportable
quantities.
C.
The reportable quantity for releases of oil to the waters of the
United States or adjoining shorelines is any quantity which violates
applicable water quantity standards or causes a film or sheen upon
or discoloration of the surface of the water or adjoining shorelines
or causes a sludge or emulsion to be deposited beneath the surface
of the water or upon adjoining shorelines.
(1)
The reportable quantity for releases of oil to the environment other
than releases to waters of the United States and adjoining shoreline
is 56 gallons.
(2)
Not withstanding any other provisions of this section, a release
of oil from a properly functioning vessel engine shall not be deemed
to be in reportable quantity; however, this provision shall not be
applicable to oil accumulated in a vessel's bilges.
D.
Releases to sanitary sewer system: notwithstanding any other provision
of this section, any release of a hazardous material to a sanitary
sewer system which is prohibited under applicable pretreatment or
other regulations of any sanitation district operating within Charles
County governing discharges to the sanitary sewer system shall be
deemed to be discharged in reportable quantities.
E.
Component hazardous materials release: a release of a mixture or
solution of which a hazardous material is a component shall be considered
to be a release in a reportable quantity only where the component
hazardous material of the mixture or solution is released in a quantity
equal to or greater than its reportable quantity.
A.
No person shall permit, cause, or threaten the release of a hazardous
material into the environment within the territorial boundaries of
Charles County, Maryland, unless such release is authorized in accordance
with an appropriate permit granted by the Maryland Department of the
Environment or other competent authority exercising jurisdiction,
and that such release is in such place and manner as will not create
a hazard to health, property or the environment.
B.
A release includes but is not limited to an occurrence:
(1)
Arising from a lack of maintenance on any storage container or vehicle
in which the hazardous material is stored or contained.
(2)
That is a result of the lack of proper training and procedures associated
with the storage, containment, use, or transport of a hazardous material.
(3)
Due to the hazardous substance not being stored, contained, transported,
or deposited in compliance with applicable local, state or federal
laws or regulation.
(4)
That is a result of a failure to initiate action recommended by any
local, state or federal agency with regard to storage, containment,
transport, or deposit of any hazardous material.
(5)
That is the result of a criminal act.
Notwithstanding any other provision or rule of law, a responsible
person, as defined herein, shall pay to the AHJ all response action
costs incurred in responding to and mitigation of an accidental or
intentional release of hazardous materials.
A.
The AHJ may include operational, administrative, personnel, payroll
and legal costs incurred from its initial response action up to the
time that it recovers its costs. The amount attributable to administrative
and legal costs shall be 15% of the amount paid for the response action
or the actual costs, whichever is greater.
(1)
The AHJ shall promulgate rules and regulations which set forth the
rates to be charged for response costs under this section.
A.
The owner or operator of a facility that manufactures produces, uses,
imports, exports, stores, supplies or distributes any hazardous material,
and the owner or operator of a vehicle that contains transports or
carries any hazardous material within, through or across Charles County
shall immediately report the release or a hazardous material. Such
notification shall be made by dialing 911.
B.
The notification shall include the following to the extent known
at the time of the notice and so long as its collection does not delay
the notification:
(1)
The name and telephone number of the person making the notification;
(2)
The time, location and duration of the release;
(3)
The chemical name or identity of the hazardous material involved
in the release;
(4)
Estimated quantity of the hazardous material released into the environment;
(5)
The medium into which the release occurred;
(6)
Any known or anticipated acute or chronic health risks associated
with the hazardous material released; and
(7)
The name and telephone number of the person to be contacted for further
information.
A.
The AHJ may enter onto any property wherein a release of a hazardous
material has occurred, as well as adjacent property onto which the
released hazardous material has migrated, in order to:
B.
The AHJ may, during normal business hours, schedule and conduct regular
and periodic surveys of any facility or vehicle and request information
from the responsible person for the purpose of pre-planning appropriate
emergency response activities for those hazardous materials manufactured,
produced, used, stored, supplied, imported, exported or distributed
at, to or from the facility or vehicle.
C.
Should at any time the AHJ be unable to determine the chemical name,
identity, amount or any other requested information for any substance,
liquid, mixture, compound, material or product present at or within
a facility or vehicle due to nonexistent or improper labeling, placarding,
or recordkeeping, the AHJ in its sole discretion may elect to collect
a sample of the substance, liquid, mixture, compound, material or
product for laboratory identification. In the event the sample is
determined to be a hazardous material subject to the regulatory authorities
cited in this chapter, the owner or operator of the facility or vehicle
shall be responsible to pay all collection and laboratory costs incurred
by the AHJ.
A person shall be guilty of a misdemeanor and, upon conviction,
shall be subject to a fine not to exceed $1,000 per day, per violation,
and imprisonment not to exceed six months per violation, or both,
if the person:
A.
Knowingly makes any false statement, representation or certification
in any application, record, report, plan or other document filed or
required to be maintained under this chapter;
B.
Falsifies, tampers with or knowingly renders inaccurate any records,
monitoring device, or procedures required to be maintained under this
chapter; and
C.
Knowingly violates any provision or fails to perform any duty imposed
by this chapter.
A.
Severability. If any provision, paragraph, word, section or subsection
of this chapter is invalidated by any court of competent jurisdiction,
the remaining provisions, paragraphs, words, sections and subsections
shall not be affected and shall continue in full force and effect.
B.
Conflict. All other ordinances or parts of other ordinances or local
laws of the AHJ that conflict or are inconsistent with any part of
this chapter are hereby repealed to the extent of such conflict or
inconsistency.
