[1][HISTORY: Adopted by the Board of County Commissioners
of Queen Anne's County 5-24-2022 by Ord. No. 22-09. Amendments noted where
applicable.]
The purpose of this chapter is to provide for the health, safety,
and general welfare of the citizens of Queen Anne's County through
the regulation of non-stormwater discharges to all storm sewer systems
in the County to the maximum extent practicable as required by federal
and state law. This chapter 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 chapter 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 chapter.
In general. In this chapter, the following words have the meanings
indicated.
A structural device or nonstructural practice designed to
temporarily store or treat stormwater runoff in order to mitigate
flooding, reduce pollution, and provide other amenities. The various
types of BMPs are comprehensively included in the 2,000 Maryland Stormwater
Design Manual.
The federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
Activities subject to NPDES construction permits as defined
in 40 CFR 122.26(b)(15).
Queen Anne's County, Maryland.
The Queen Anne's County Department of Public Works.
Any NPDES point source or any other establishment or activity
(including land or appurtenances thereto) that is subject to regulation
under the NPDES program.
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.
Either of the following:
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 non-stormwater
discharge including sewage, process wastewater, and wash water to
enter the storm sewer system and any connections to the storm sewer
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
Any drain or conveyance connected from a commercial or industrial
land use to the storm sewer system that has not been documented in
plans, maps, or equivalent records and approved by an authorized enforcement
agency.
Any direct or indirect non-stormwater discharge to the storm sewer system, except as exempted in § 14:6-4 of this chapter.
Activities subject to NPDES industrial stormwater permits
as defined in 40 CFR 122.26(b)(14).
The system of conveyances (including sidewalks, roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm sewers) owned and operated by
Queen Anne's County, and designed or used for collecting or conveying
stormwater, and that is not used for collecting or conveying sewage.
A permit issued by EPA [or by a state under authority delegated
pursuant to 33 U.S.C. § 1342(b)] that authorizes the discharge
of pollutants to waters of the state, whether the permit is applicable
on an individual, group, or general areawide basis.
Any discharge to the storm sewer system that is not composed
entirely of stormwater.
The workflow, process, or function of any NPDES regulated
activity.
The person or persons with the responsibility of managing
of any facility or activity subject to regulation under the NPDES.
Includes:
The federal government;
The state;
Any County, municipal corporation, or other political subdivision
of the state, or any of their units;
An individual, receiver, trustee, guardian, executor, administrator,
fiduciary, or representative of any kind;
Any partnership, firm, association, public or private corporation,
or any of their affiliates; or
Any other entity.
Anything which causes or contributes to pollution. Pollutants
may include, but are not limited to: paints, varnishes, and solvents;
petroleum hydrocarbons and other automotive fluids; cooking grease;
detergents (biodegradable or otherwise); nonhazardous liquid and solid
wastes; yard wastes; refuse, rubbish, garbage, litter, or other discarded
or abandoned objects and accumulations that 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.
Any tract, lot, or parcel of land, or combination of tracts,
lots, parcels of land that are in one ownership, or contiguous and
in diverse ownership, where development has taken place, or where
development will be performed.
The State of Maryland.
Publicly or privately 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 sewers, pumping facilities, retention and detention basins,
natural and human-made or -altered drainage channels, reservoirs,
and other drainage structures.
Water that originates from a precipitation event.
The spent water of a residence, commercial business, industrial
plant, institution, or community.
Includes:
Both surface and underground waters within the boundaries of
the state subject to its jurisdiction;
That portion of the Atlantic Ocean within the boundaries of
the state;
All ponds, lakes, rivers, streams, public ditches, tax ditches,
and public drainage systems within the state, other than those designed
and used to collect, convey, or dispose of sanitary sewage; and
The floodplain of free-flowing waters determined by MDE on the
basis of the 100-year flood frequency
This chapter shall apply to all water entering the storm sewer system generated on any developed and undeveloped lands, except as exempted in § 14:6-4 of this chapter.
A.
Illegal discharges.
(1)
No person shall throw, drain, or otherwise discharge, cause, or allow
others under its control to throw, drain, or otherwise discharge into
the County MS4 or watercourses any pollutants or waters containing
any pollutants, that cause or contribute to a violation of applicable
water quality standards, other than stormwater.
B.
Illicit connections.
(1)
The construction, use, maintenance, or continued existence of illicit
connections to the storm sewer system is prohibited.
(2)
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, are prohibited.
(3)
A person is considered to be in violation of this chapter if the
person connects a line conveying sewage to the MS4, or allows such
a connection to continue.
(4)
Improper connections in violation of this chapter must be disconnected
and redirected, if necessary, to an approved on-site wastewater management
system, upon approval of the Health Department, or the sanitary sewer
system, upon approval of the County, or incorporated town, having
jurisdiction.
(5)
Any drain or conveyance that has not been documented in plans, maps
or equivalent, and which may be connected to the storm sewer system,
shall be located by the owner or occupant of that property upon receipt
of written notice of violation from the Department requiring that
such locating be completed. Such notice will specify a reasonable
time period within which the location of the drain or conveyance is
to be determined, that the drain or conveyance be identified as a
storm sewer, sanitary sewer or other, and that the outfall location
or point of connection to the storm drain system, sanitary sewer system
or other discharge point be identified. Results of these investigations
are to be documented and provided to the Department.
C.
Exemptions.
(1)
The following discharges are exempt from discharge and connection
constraints provision of this chapter:
(a)
Water line flushing, landscape irrigation, diverted stream flows,
rising groundwaters, uncontaminated groundwater infiltration, uncontaminated
pumped groundwater, discharges from potable water sources, foundation
drains, air-conditioning condensation, irrigation water, springs,
water from crawl space pumps, footing drains, lawn watering, individual
residential car washing, flows from riparian habitats and wetlands,
and dechlorinated swimming pool discharges.
(b)
Discharges or flow from firefighting, and other discharges specified
in writing by the Department as being necessary to protect public
health and safety.
(2)
This chapter shall not apply to any non-stormwater discharge permitted
under an NPDES permit, waiver, or waste discharge order issued to
the discharger and administered under the authority of the United
States Environmental Protection Agency (EPA), provided that the discharger
is in full compliance with all requirements of the permit, waiver,
or order and other applicable laws and regulations, and provided that
written approval has been granted for any discharge to the storm sewer
system.
(3)
If any discharge contained within the above exemptions causes an
adverse impact, as determined by the Department, then the discharge
shall not be considered exempt from this chapter.
The Department shall administer, implement, and enforce the
provisions of this chapter. Any powers granted or duties imposed upon
the Department may be delegated in writing by the Director of the
Department, or his or her duly authorized agent to persons or entities
acting in the beneficial interest of or in the employ of the Department.
This chapter is not intended to modify or repeal any other ordinance,
rule, regulation, or other provision of law. The requirements of this
chapter are in addition to the requirements of any other ordinance,
rule, regulation, or other provision of law, and where any provision
of this chapter 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 govern.
The standards set forth herein are minimum standards; therefore,
this chapter 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.
Any person subject to an industrial or construction activity
NPDES stormwater discharge permit shall comply with all provisions
of such permit. Proof of compliance with said permit may be required
in a form acceptable to the Department prior to the allowing of discharges
to the MS4.
A.
Right of entry; inspection and sampling.
(1)
The Department shall be permitted to enter and inspect facilities subject to regulation under this chapter as often as may be necessary to determine compliance with this chapter, subject to the following: Prior to entering the property, the Department will obtain written permission from the property owner; or the Department will obtain consent in conformance with Subsection A(2).
(a)
If a discharger has security measures in force which require
proper identification and clearance before entry into its facility,
the discharger shall make the necessary arrangements to allow access
to representatives of the Department.
(b)
Facility operators shall allow the Department ready access to
all parts of the premises for the purposes of inspection, sampling,
examination and copying of records that must be kept under the conditions
of an NPDES permit to discharge stormwater, and the performance of
any additional duties as defined by state and federal law.
(c)
The Department shall have the right to set up on any permitted
facility such devices as are necessary in the opinion of the Department
to conduct monitoring and/or sampling of the facility's stormwater
discharge.
(d)
The Department has the right to require the discharger to install
monitoring equipment as necessary. The facility's sampling and
monitoring equipment shall be maintained in a safe and proper operating
condition by the discharger at the discharger's expense. All
devices used to measure stormwater flow and quality shall be calibrated
to ensure accuracy.
(e)
Any temporary or permanent obstruction that prohibits safe and
easy access to the facility to be inspected and/or sampled shall be
promptly removed by the operator at the written or oral request of
the Department and shall not be replaced. The costs of clearing such
access shall be incurred by the operator.
(f)
Unreasonable delays in allowing the Department access to a permitted
facility are a violation of a stormwater discharge permit and of this
chapter. A person who is the operator of a facility with an NPDES
permit to discharge stormwater associated with industrial activity
commits an offense if the person denies the Department reasonable
access to the permitted facility for the purpose of conducting any
activity authorized or required by this chapter.
(2)
Search warrants.
(a)
If the Department has been refused access to any part of the
facility from which stormwater is discharged, and he/she is able to
demonstrate probable cause to believe that there may be a violation
of this chapter, or that there is a need to inspect and/or sample
as part of a routine inspection and sampling program designed to verify
compliance with this chapter or any order issued hereunder, or to
protect the overall public health, safety, and welfare of the community,
then the Department may seek issuance of a search warrant from any
court of competent jurisdiction.
A.
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 is resulting or may result
in illegal discharges or pollutants discharging into stormwater, the
storm drain system, or waters of the state, 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
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 within three 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.
B.
Failure to provide notification of a release as described above is
a violation of this chapter.
A.
Violations.
(1)
It shall be unlawful for any person to violate any provision
or fail to comply with any of the requirements of this chapter. Any
person who has violated or continues to violate the provisions of
this chapter may be subject to the enforcement actions outlined in
this section or may be restrained by injunction or otherwise abated
in a manner provided by law.
(2)
In the event the violation constitutes an immediate danger to
public health or public safety, the Department is authorized to enter
upon the subject private property, without giving prior notice, to
take any measures necessary to abate the violation and/or restore
the property.
B.
Warning notice.
(1)
When the Department finds that any person has violated, or continues
to violate, any provision of this chapter, or any order issued hereunder,
the Department may serve upon that person a written warning notice,
specifying the violation believed to have occurred and requesting
the discharger to immediately investigate the matter and to seek a
resolution whereby any offending discharge will cease.
(2)
Investigation and/or resolution of the matter in response to
the warning notice in no way relieves the alleged violator of liability
for any violations occurring before or after receipt of the warning
notice. Nothing in this subsection shall limit the authority of the
Department to take any action, including emergency action or any other
enforcement action, without first issuing a warning notice.
C.
Notice of violation.
(1)
Whenever the Department finds that a person has violated a constraint
or failed to meet a requirement of this chapter, the Department may
order compliance by written notice of violation to the responsible
person.
(2)
The notice of violation shall contain:
(a)
The name and address of the alleged violator;
(b)
The address, when available, or a description of the building,
structure or land upon which the violation is occurring, or has occurred;
(c)
A statement specifying the nature of the violation;
(d)
A description of the remedial measures necessary to restore
compliance with this chapter and a time schedule for the completion
of such remedial action;
(e)
A statement of the penalty or penalties that shall or may be
assessed against the person to whom the notice of violation is directed;
(f)
A statement that the determination of violation may be appealed
to the Circuit Court of Queen Anne's County by filing a written
notice of appeal within five business days of service of the notice
of violation; and
(g)
A statement specifying that, should the violator fail to restore
compliance within the established time schedule, the work will be
done by a designated governmental agency or a contractor and the expense
thereof shall be charged to the violator.
(3)
Such notice may require, without limitation:
(a)
The performance of monitoring, analyses, and reporting;
(b)
The elimination of illicit connections and/or discharges;
(c)
That violating discharges, practices, or operations shall cease
and desist;
(d)
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property;
(e)
Payment of a fine to cover administrative and remediation costs;
and
(f)
The implementation of source control or treatment BMPs.
D.
Compensatory action.
(1)
In lieu of enforcement proceedings, penalties, and remedies
authorized by this chapter, the Department may impose upon a violator
alternative compensatory actions, such as storm sewer stenciling,
attendance at compliance workshops, creek cleanup, etc.
E.
Suspension of MS4 access.
(1)
When the Department finds that any person has violated, or continues
to violate, any provision of this chapter, or any order issued hereunder,
or that the person's past violations are likely to recur, and
that the person's violation(s) has (have) caused or contributed
to an actual or threatened discharge to the MS4 or waters of the state
which reasonably appears to present an imminent or substantial endangerment
to the health or welfare of persons or to the environment, the Department
may issue an order to the violator directing it immediately to cease
and desist all such violations and directing the violator to:
(2)
Any person notified of an emergency order directed to it under
this subsection shall immediately comply and stop or eliminate its
discharge. In the event of a discharger's failure to immediately
comply voluntarily with the emergency order, the Department may take
steps deemed necessary to prevent or minimize harm to the MS4 or waters
of the state, and/or endangerment to persons or to the environment,
including immediate termination of a facility's water supply,
sewer connection, or other municipal utility services. The Department
may allow the person to recommence its discharge when it has demonstrated
to the satisfaction of the Department that the violation has been
resolved, unless further termination proceedings are initiated against
the discharger under this chapter. A person who is responsible, in
whole or in part, for any discharge presenting imminent endangerment
shall submit a detailed written statement, describing the causes of
the harmful discharge and the measures taken to prevent any future
occurrence, to the Department within 30 days of receipt of the emergency
order. Issuance of an emergency cease-and-desist order shall not be
a bar against, or a prerequisite for, taking any other action against
the violator.
F.
Suspension due to illicit discharges in emergency situations.
(1)
The Department may, without prior notice, suspend MS4 discharge
access to a person when such suspension is necessary to stop an actual
or threatened discharge which presents or may present imminent and
substantial danger to the environment, or to the health or welfare
of persons, or to the MS4 or waters of the state. If the violator
fails to comply with a suspension order issued in an emergency, the
Department may take necessary steps to prevent or minimize damage
to the MS4 or waters of the state, or to minimize danger to persons.
G.
Suspension due to the detection of illicit discharge.
(1)
Any person discharging to the MS4 in violation of this chapter
may have his/her MS4 access terminated if such termination would abate
or reduce an illicit discharge. The Department will notify a violator
of the proposed termination of its MS4 access. The violator may petition
the Department for a reconsideration and hearing. A person commits
an offense if the person reinstates MS4 access to premises terminated
pursuant to this section, without the prior approval of the Department.
H.
Criminal prosecution.
(1)
Any person who has violated or continues to violate this chapter
shall be liable to criminal prosecution to the fullest extent of the
law and shall be subject to a criminal penalty of $1,000 per violation
per day and/or imprisonment for a period of time not to exceed 60
days, or both. Each act of violation and each day upon which any violation
shall occur shall constitute a separate offense.
Any person aggrieved by the action of any official charged with
the enforcement of this chapter, as the result of issuance of a written
notice of violation, or an alleged failure to properly enforce the
chapter in regard to a specific application, shall have the right
to appeal the action to the Circuit Court of Queen Anne's County.
The appeal must be filed in writing within five business days from
the date of the notice of violation or determination to the applicant
and shall clearly state the grounds on which the appeal is based.
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 10 business days of the decision of the Circuit Court of Queen
Anne's County, upholding the decision of the Department, then
representatives of the Department 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.
Within 30 days after abatement of the violation, the owner of
the property will be notified of the cost of abatement, including
administrative costs. The property owner may file a written protest
objecting to the amount of the assessment within 10 days. If the amount
due is not paid by the expiration of the time in which to file an
appeal, the charges shall become a special assessment against the
property and shall constitute a lien on the property for the amount
of the assessment. Any person violating any of the provisions of this
chapter shall become liable to Queen Anne's County by reason
of such violation. The liability shall be paid in not more than 12
equal payments. Interest at the rate of 18% annum shall be assessed
on the balance beginning on the 30th day after an invoice for the
cost of abatement, including administrative costs, has been presented
to the owner of the affected property.
In addition to the enforcement processes and penalties, any
condition caused or permitted to exist in violation of any of the
provisions of this chapter 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 chapter 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 to seek cumulative
remedies. The Department may recover all attorneys' fees court
costs and other expenses associated with enforcement of this chapter,
including sampling and monitoring expenses.
