City of Aberdeen, MD Illicit Discharge

Any new or used paints, including latex-based paints, oil-based paints, stains, varnish, and primers, as well as cleaning solvents and other associated products.

(7)

Any yard waste that has been moved or gathered by a person.

(8)

Any wastewater that contains soap, detergent, degreaser, solvent, or surfactant-based cleaner from a commercial motor vehicle wash facility; from any vehicle washing, cleaning, or maintenance at any new or used motor vehicle dealership, rental agency, body shop, repair shop, or maintenance facility; or from any washing, cleaning or maintenance of any business or commercial or public service vehicle, including a truck, bus or heavy equipment.

(9)

Any wastewater from a commercial mobile power washer or from the washing or other cleaning of a building exterior that contains soap, detergent, degreaser, solvent, or any surfactant-based cleaner.

(10)

Any wastewater from commercial floor, rug, or carpet cleaning.

(11)

Any wastewater from the wash down or other cleaning of pavement that contains any soap, detergent, solvent, degreaser, emulsifier, dispersant, or other cleaning substance; or any wastewater from the wash down or other cleaning of any pavement where any spill, leak, or other release of oil, motor fuel, or other petroleum hazardous substance has occurred, unless all such materials have been previously removed.

(12)

Any effluent from a cooling tower, condenser, compressor, emissions scrubber, emission filter, or the blowdown from a boiler.

(13)

Any ready-mixed concrete, mortar, ceramic, or asphalt base material or discharge resulting from the cleaning of vehicles or equipment containing or used in transporting or applying such material.

(14)

Any runoff, wash down water or waste from any animal pen, kennel, fowl or livestock containment area or any pet wastes generally.

(15)

Any filter backwash from a swimming pool or fountain, except that nothing in the article shall be construed as to require the alteration of the filter discharge plumbing of an existing swimming pool, fountain or spa if such plumbing was compliant with applicable state, federal, and local regulations at the time of construction.

(16)

Any swimming pool, fountain or spa water or other water containing a harmful level of chlorine (>0.1 parts per million).

(17)

Any discharge from waterline disinfection by super chlorination if it contains a harmful level of chlorine (>0.1 parts per million) at the point of entry into the MS4 or surface waters.

(18)

Any contaminated runoff from a vehicle wrecking or storage yard.

(19)

Any substance or material that will damage, block, or clog the MS4.

(20)

Any release from a petroleum storage tank (PST), or any leachate or runoff from soil contaminated by a leaking PST; or any discharge of pumped, confined, or treated wastewater from the remediation of any such PST release, unless the discharge has received an NPDES permit from the state.

(21)

Any other discharge that causes or contributes to causing the City to violate a state water quality standard, the City's NPDES stormwater permit, or any state-issued discharge permit for discharges from its MS4.

No person shall release or cause to be released into the MS4 any harmful quantity of sediment, silt, earth, soil, or other material associated with clearing, grading, excavation or other construction activities in excess of what could be retained on site or captured by employing sediment and erosion control measures, except as allowed for in conformance with § 250-35.

No person shall use pesticides, herbicides and fertilizers except in accordance with manufacturer recommendations. Pesticides, herbicides and fertilizers shall be stored, transported and disposed of in a manner to prevent release to the MS4.

No person shall tamper with, destroy, vandalize, or render inoperable any BMPS that have been installed for the purpose of eliminating or minimizing pollutant discharges, nor shall any person fail to install or fail to properly maintain any BMPS that have been required by City or by other local, state, or federal jurisdictions.

§ 250-35 Exemptions.

Unless identified as a significant source of pollutants to waters of the state, the following non-stormwater discharges are examples of activities allowed to enter the MS4:

(1)

Waterline flushing performed by a government agency.

(2)

Diverted stream flows.

(3)

Rising groundwater.

(4)

Uncontaminated groundwater infiltration to separate storm sewer.

(5)

Uncontaminated pumped groundwater.

(6)

Discharges from potable water sources.

(7)

Foundation drains.

(8)

Air-conditioning condensate.

(9)

Irrigation water.

(10)

Springs.

(11)

Water from crawl space pumps.

(12)

Footing drains.

(13)

Individual residential vehicle washing.

(14)

Flows from riparian habitats and wetlands.

(15)

Dechlorinated swimming pool discharges (<1 part per million).

(16)

Discharges or flows from firefighting activities.

(17)

Other allowable discharges to consider: street wash waters; and, dye testing for the purpose of investigating illicit connections or discharges.

Other activities may apply if substantiated by permittees within the best management practices menu.

§ 250-36 Prohibitions.

A person may not discharge or cause to be discharged through an illicit connection to the MS4 any domestic sewage, noncontact cooling water, process wastewater, or other industrial waste (other than stormwater).

A person may not construct, use, maintain or continue the existence of illicit connections to the MS4, including, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.

A person may not connect a line conveying sewage to the MS4 or allow such a connection to continue.

An owner or person responsible for a property or premises, which is, or may be, the source of an illicit discharge, shall implement, at the owner's or person's expense, the BMPS necessary to prevent the further discharge of pollutants to the MS4. An owner or person responsible for a property or premises shall not be in violation of this section if the owner or person complies, to the extent practicable, with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with industrial activity.

§ 250-37 Right of entry.

When the Code Official has reasonable cause to believe that a violation of this article exists or when entry is required for periodic inspections and monitoring to determine compliance with this article, the Code Official may enter the structure or premises at reasonable times to inspect. Prior to inspection, the Code Official must make reasonable efforts to locate the owner or other person having charge or control of the structure or premises to request entry. If entry is refused or not obtained, the Code Official is authorized to pursue recourse as provided by law, including seeking an administrative search warrant from the Circuit or District Courts of Harford County. The Code Official may not enter a premises or structure under this section without permission or without a search warrant unless a condition at the premises or structure poses a reasonable threat of imminent harm to public health or safety before permission or a warrant could be obtained.

§ 250-38 Notice of violation.

Issuance. The Code Official may issue a notice of violation (NOV) if there are reasonable grounds to believe that the person to whom the NOV is directed has violated:

(1)

This article.

(2)

Any rule or regulation adopted pursuant to this article.

(3)

Any order or permit issued pursuant to this article.

Contents. An NOV issued under this section shall:

(1)

Specify the provision(s) that allegedly has been violated.

(2)

State the facts in support of the alleged violation.

Issuance of notice or order. After or concurrently with service of an NOV under this article, the Code Official may issue an order that requires the person to whom the order is directed to take corrective action within the time set forth in the order.

Effective date of order. Any order issued under this section is effective immediately according to its terms upon service. Any person who is issued an order shall be required to take any directed action within the time specified in the order regardless of any hearing rights provided by this section.

Manner of service. Any NOV or order of the Code Official pursuant to this section shall be served by one of the methods in Subsection E(1) or (2) and by the method in Subsection E(3):

(1)

Personally;

(2)

By posting on or at the entranceway to the property at which the violation has occurred; or

(3)

By certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to the last known address of the person in whose name the property on which the violation occurred is assessed for taxation.

Certification of service. If service is made by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, the person who mails the document shall retain verified proof of mailing. Where service has been made in another authorized manner, the person who made the service shall prepare and include in the Code Official's file an affidavit of service.

Hearings. Within 10 days after being served with an NOV or an order, the person served may request a hearing before the Code Official by serving a written request on the Code Official. Service shall be made personally or by certified mail, return receipt requested, bearing a postmark from the United States Postal Service.

Subpoenas; witnesses.

(1)

In connection with any hearing under this section, the Code Official may:

(a)

Subpoena any person or evidence.

(b)

Order a witness to give evidence.

(2)

A subpoenaed witness who is not an employee of the City of Aberdeen shall be paid the same fees and mileage reimbursement as if the hearing were part of a civil action in the Circuit Court of Maryland.

Final corrective order.

(1)

Unless the person served with an order makes a timely request for a hearing pursuant to Subsection G of this section, the NOV or order becomes final on the 11th day after service.

(2)

If a person who has been issued an NOV or an order under this section makes a timely request for a hearing, the NOV or order becomes a final corrective order if the Code Official affirms the order following the hearing.

Other actions dependent on issuance of an NOV or order. A person who violates this article is entitled to the issuance of an NOV or an order prior to the imposition of civil penalties under § 250-39 or criminal penalties under § 250-41. The City or the Code Official may take whatever action it deems appropriate and which is permitted by this article or the law to seek redress from any person who violates this article or to remedy a violation or threatened violation of this article.

§ 250-39 Civil penalty.

In addition to being subject to an injunctive action under § 250-40 of this article, any person who violates any NOV or order issued under this article is liable to pay a civil penalty not exceeding $1,000 per day per violation, to be collected in a civil action. Each day a violation occurs is a separate violation.

§ 250-40 Injunctive relief.

In general. The City may bring an action for an injunction against any person who violates any provision of this article, or any provision of any NOV or order issued under this article.

Findings. In any action for an injunction under this section, any finding of the Code Official after a hearing is prima facie evidence of each fact so determined.

Grounds. On a showing that any person is violating or is about to violate this article or any NOV or order issued by the Code Official, the court shall grant an injunction without requiring a showing of a lack of an adequate remedy at law.

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

§ 250-41 Criminal penalties.

A person who violates any provision or fails to perform any duty imposed by any NOV or order issued under this article is guilty of a misdemeanor and, on conviction, is subject to a fine not to exceed $1,000 per day per violation or imprisonment not to exceed six months, or both. Each day a violation occurs is a separate violation.

In addition to any criminal penalties imposed on a person convicted under this article, the person may be enjoined from continuing the violation and subject to civil penalties.

§ 250-42 Abatement.

Generally. Subject to the remaining provisions of this section, if any person fails, within the time limit specified in an NOV or order, to abate any condition that is prohibited under this article or any NOV or order issued under this article, the City may take whatever abatement action may be necessary to abate the condition by use of City employees and equipment or by contract with private contractors. The cost and expense of abating the violation shall be certified by the Code Official to the City, together with the name of the owner of the property on which the violation occurred as determined from the property tax assessment records. These charges shall constitute a lien upon the real property and shall be collectible in the same manner as City real property taxes, with the same priority, interest and penalties. Initiation of abatement action shall not preclude the initiation of any other action or legal proceedings authorized or permitted under this article, the laws of the State of Maryland and the common law.

Notice of abatement action. At least 15 days before commencing to abate a violation, the Code Official shall issue a notice of abatement to the owner of the property on which the abatement will be undertaken. The notice shall describe the abatement to be undertaken, shall provide an estimate of the cost of abatement, and shall specify that the cost for the abatement shall constitute a lien on the real property of the owner.

Service. The notice of abatement issued by the Code Official shall be served by personal service or by certified mail, return receipt requested, bearing a postmark from the United States Postal Service to the last known address of the person in whose name the property is assessed for taxation. If the notice is not delivered by personal service or by the postal service, the notice shall be posted on the entranceway to the property at which the violation has occurred.

Right of property owner to hearing. Any property owner who is subject to having a condition on the owner's property abated by the City and a lien placed on the owner's property as a result of the abatement shall have a right to a hearing before the Code Official if the property owner serves a written request for a hearing on the Code Official within 10 days after being served with the notice of abatement action or the posting of the notice of abatement action on the property.

Subpoenas; witnesses. The Director may subpoena or procure witnesses and evidence in accordance with § 250-38H of this article.

Finality of abatement action and lien.

(1)

After service of the notice of abatement, unless the person served with a notice of abatement makes a timely request for a hearing pursuant to Subsection D of this section, the Code Official may implement the abatement specified in the notice and the lien for costs of abatement shall become final on the property upon completion of the work.

(2)

If a person makes a timely request for a hearing, any abatement may proceed as authorized by the Code Official following the hearing and the lien for the cost of abatement shall become final after completion of all abatement work authorized by the Code Official.