No person shall develop any land for residential, commercial, industrial, or institutional uses without providing stormwater management measures that control or manage runoff from such developments, except as provided within this section. Stormwater management measures must be designed consistent with the Design Manual and constructed according to an approved plan for new development or the policies stated in § 169-12 of this chapter for redevelopment. In all cases of conflicting requirements, the provision that represents the greatest restriction(s) or highest standard(s) shall govern.
[Added 4-18-2016 by Ord. No. 977[1]]
The Department of Public Works shall administer, implement, and enforce the provisions of this chapter. 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, or his or her duly authorized agent, to persons or entities acting in the beneficial interest of or in the employ of the Department.
[1]
Editor's Note: This ordinance also provided for the renumbering of former § 169-5 as § 169-10.
[Added 4-18-2016 by Ord. No. 977[1]]
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 control.
[1]
Editor's Note: This ordinance also provided for the renumbering of former § 169-6 as § 169-11.
[Added 4-18-2016 by Ord. No. 977[1]]
The standards set forth herein and promulgated pursuant to this chapter 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.
[1]
Editor's Note: This ordinance also provided for the renumbering of former § 169-7 as § 169-12.
[Added 4-18-2016 by Ord. No. 977[1]]
A. 
Prohibition of 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 City separate stormwater sewer system or watercourses any pollutants or waters containing any pollutants, that cause or contribute to a violation of applicable water quality standards, other than stormwater.
(2) 
The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited except as described as follows:
(a) 
The following discharges are exempt from discharge prohibitions established by this chapter:
[1] 
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.
[2] 
Discharges or flow from firefighting, and other discharges specified in writing by the Department of Public Works as being necessary to protect public health and safety.
[3] 
Discharges associated with dye testing; however, this activity requires a verbal notification to the Department of Public prior to the time of the test.
(b) 
The prohibition shall not apply to any nonstormwater 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 drain system.
(3) 
If any drainage contained within the above exemptions causes an adverse impact, as determined by the Department of Public Works, then the discharge shall not be considered exempt from this chapter.
B. 
Prohibition of illicit connections.
(1) 
The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited.
(2) 
This prohibition expressly includes, 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.
(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 or the sanitary sewer system upon approval of the Health Department.
(5) 
Any drain or conveyance that has not been documented in plans, maps or the 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 of Public Works 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 discharge point, and that the outfall location or point of connection to the storm sewer system, sanitary sewer system or other discharge point be identified. Results of these investigations are to be documented and provided to the Department of Public Works.
[1]
Editor's Note: This ordinance also provided for the renumbering of former § 169-8 as § 169-13.
[Added 4-18-2016 by Ord. No. 977[1]]
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.
[1]
Editor's Note: This ordinance also provided for the renumbering of former Art. IV, §§ 169-9 through 169-11, as Art. IV, §§ 169-16 through 169-18, respectively, and former Art. V, §§ 169-12 and 169-13, as Art. V, §§ 169-19 and 169-20, respectively.
The following development activities are exempt from the provisions of this chapter and the requirements of providing stormwater management:
A. 
Agricultural land management practices;
B. 
Additions or modifications to existing single-family detached residential structures if they comply with § 169-31C of this chapter;
C. 
Any developments that do not disturb over 5,000 square feet of land area; and
D. 
Land development activities that the Administration determines will be regulated under specific state laws, which provide for managing stormwater runoff.
A. 
The City of Havre de Grace Department of Planning – Director or designees shall grant stormwater management quantitative control waivers only to those projects within areas where watershed management plans have been developed consistent with § 169-11F of this chapter. Written requests for quantitative stormwater management waivers shall be submitted that contain sufficient descriptions, drawings, and any other information that is necessary to demonstrate that ESD has been implemented to the MEP. A separate written waiver request shall be required in accordance with the provisions of this section if there are subsequent additions, extensions, or modifications to a development receiving a waiver.
B. 
Stormwater management quantitative control waivers.
(1) 
If watershed management plans consistent with § 169-16F of this chapter have not been developed, stormwater management quantitative control waivers may be granted to the following projects provided that it has been demonstrated the ESD has been implemented to the MEP:
(a) 
That have direct discharges to tidally influenced receiving waters; or
(b) 
When the Department determines that circumstances exist that prevent the reasonable implementation of quantity control practices.
[Amended 11-15-2010 by Ord. No. 920]
(c) 
Where underground utilities are to be installed and the existing drainage patterns will not be changed and there is no increase in impervious area.[1]
[1]
Editor's Note: Former Subsection B(2), regarding money collected as fees, which immediately followed, was repealed 11-15-2010 by Ord. No. 920.
C. 
Stormwater management qualitative waivers:
[Amended 11-15-2010 by Ord. No. 920]
(1) 
Stormwater management qualitative control waivers consistent with § 169-11D of this chapter apply only to:
(a) 
In-fill development projects where the Department has determined stormwater management implementation is not feasible, provided that ESD has been implemented to the MEP and it has been demonstrated that other BMPs are not feasible; or
(b) 
Redevelopment projects if the requirements of § 169-12 of this chapter are satisfied; or
(c) 
Sites where the approving agency determines that circumstances exist that prevent the reasonable implementation of ESD to the MEP.
D. 
Waivers shall only be granted when it has been demonstrated that ESD has been implemented to the MEP and must:
(1) 
Be on a case-by-case basis;
(2) 
Consider the cumulative effects of the City of Havre de Grace waiver policy; and
(3) 
Reasonably ensure the development will not adversely impact stream quality and one of the following requirements is satisfied:
(a) 
Off-site ESD implementation for a drainage area comparable in size and percent increased imperviousness to that of the project;
(b) 
Watershed stream restoration as approved by the Department;
(c) 
Retrofitting of an existing stormwater management system to meet or exceed the current design criteria;
(d) 
Fees, as defined in § 169-3A of this chapter, in lieu of where physical constraints do not allow implementation of a MDE-approved stormwater management system; or
(e) 
Other practices approved by MDE and the Department.
E. 
If the City of Havre de Grace has established an overall watershed management plan for a specific watershed, then the City may develop quantitative waiver and redevelopment provisions that differ from §§ 169-11B and 169-12 of this chapter.
F. 
A watershed management plan developed for the purpose of implementing different stormwater management policies for waivers and redevelopment shall:
(1) 
Include detailed hydrologic and hydraulic analysis to determine hydrograph timing;
(2) 
Evaluate both quantity and quality management and opportunities for ESD implementation;
(3) 
Include a cumulative impact assessment of current and proposed watershed development;
(4) 
Identify existing flooding and receiving stream channel conditions;
(5) 
Be conducted at a reasonable scale;
(6) 
Specify where on-site or off-site quantitative and qualitative stormwater management practices are to be implemented;
(7) 
Be consistent with the General Performance Standards for Stormwater Management in Maryland found in Section 1.2 of the Design Manual; and
(8) 
Be approved by the Administration.
A. 
Stormwater management plans are required by the Department for all redevelopment, unless otherwise specified by watershed management plans developed according to § 169-11F of this chapter. Stormwater management measures must be consistent with the Design Manual, the rules and regulations and Maryland 378 Specs (as required).
B. 
All redevelopment designs shall:
(1) 
Reduce impervious area within the limit of disturbance (LOD) by at least 50% according to the Design Manual;
(2) 
Implement ESD to the MEP to provide water quality treatment for at least 50% of the existing impervious area within the LOD; or
(3) 
Use a combination of § 169-12B(1) and (2) of this chapter for at least 50% of the existing site impervious area.
C. 
Alternative stormwater management measures may be used to meet the requirements in § 169-12B of this chapter if the owner/developer satisfactorily demonstrates to the Department that impervious area reduction has been maximized and ESD has been implemented to the MEP. Alternative stormwater management measures include, but are not limited to:
(1) 
An on-site structural, Department-approved BMP;
(2) 
An off-site structural, Department-approved BMP to provide water quality treatment for an area equal to or greater than 50% of the existing impervious area; or
(3) 
A combination of impervious area reduction, ESD implementation, and an on-site or off-site structural, Department-approved, BMP for an area equal to or greater than 50% of the existing site impervious area within the LOD.[1]
[1]
Editor's Note: Former Subsection C(4), (5), (6), (7) and (8), which immediately followed, was repealed 11-15-2010 by Ord. No. 920.
D. 
The City of Havre de Grace may develop separate policies for providing water quality treatment for redevelopment projects if the requirements of § 169-12A and B of this chapter cannot be met to the satisfaction of the Department and MDE. Any separate redevelopment policy shall be reviewed and approved by the Administration and the City and may include, but not be limited to:
[Amended 11-15-2010 by Ord. No. 920]
(1) 
MDE-approved retrofitting of existing BMP(s) to meet current standards for those areas in which it was originally designed, as well as any additional areas which cannot meet the above-mentioned requirements of § 169-12A and B;
(2) 
Stream or shoreline restoration, whereby a list of stream and shorelines in need of restoration will be presented to the developer by the Department. The positive impact to water quality, aesthetics and/or bank erosion must meet or exceed the calculated pollution impact of the redevelopment site, as determined by the Administration and the Department;
(3) 
Design criteria based on watershed management plans developed according to § 169-11F of this chapter;
(4) 
Fees in lieu of where physical constraints do not allow implementation of a stormwater management system and considered as a last resort by MDE and the Department;
(5) 
Watershed or stream restoration, as identified by the Department to reduce pollutant loading comparable to the proposed project;
(6) 
Other practices approved by MDE and the Department.
E. 
Stormwater management shall be addressed according to the new development requirements in the Design Manual for any net increase in impevious area.
[Amended 11-15-2010 by Ord. No. 920]
F. 
Existing impervious areas that drain to an existing BMP are considered treated, provided the facility was designed and constructed in accordance with the Design Manual since its adoption, along with any revisions. The facility must be certified by the design engineer and properly maintained.
[Amended 11-15-2010 by Ord. No. 920]
The Department may grant written variance from any requirement of Article IV, Stormwater Management Criteria, if there are exceptional circumstances applicable to the site such that strict adherence will result in unnecessary hardship and not fulfill the intent of this chapter. A written request for variance shall be provided to the Department and shall state the specific variances sought and reasons for their granting. The Department shall not grant a variance unless and until sufficient justification is provided by the person developing land that the implementation of ESD to the MEP has been investigated thoroughly.
[Added 4-18-2016 by Ord. No. 977[1]]
A. 
Right of entry; inspections and sampling. The Department of Public Works 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 of Public Works will obtain written permission from the property owner; or the Department of Public Works will obtain consent in conformance with Subsection B.
(1) 
If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the Department of Public Works.
(2) 
Facility operators shall allow the Department of Public Works ready access to all parts of the premises for the purposes of inspections, 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.
(3) 
The Department of Public Works shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the Department of Public Works to conduct monitoring and/or sampling of the facility's stormwater discharge.
(4) 
The Department of Public Works has the right to require the discharger to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times 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 their accuracy.
(5) 
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 of Public Works and shall not be replaced. The costs of clearing such access shall be borne by the operator.
(6) 
Unreasonable delays in allowing the Department of Public Works 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 of Public Works reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this chapter.
B. 
Search warrants. If the Department of Public Works has been refused access to any part of the premises 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 routine inspections and a 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 of Public Works may seek issuance of a search warrant from any court of competent jurisdiction.
[1]
Editor's Note: This ordinance also provided for the renumbering of former Art. V, § 169-14, as Art. V, § 169-21.
[Added 4-18-2016 by Ord. No. 977[1]]
A. 
Notwithstanding other requirements of law, as soon as any person responsible for a facility or operations, or responsible for emergency response for a facility or operations, 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 of Public Works in person or by phone and shall be confirmed by written notice addressed and mailed to Department of Public Works 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 release as provided above is a violation of this chapter.
[1]
Editor's Note: This ordinance also provided for the renumbering of former Art. V, § 169-15, as Art. V, § 16-22; former Art. VI, §§ 169-16 through 169-19, as Art. VI, §§ 169-23 through 169-26, respectively; former Art. VII, § 169-20, as Art. VII, § 169-27; former Art. VIII, §§ 169-21 and 169-22, as Art. VIII, §§ 169-28 and 169-29, respectively; and former Art. IX, §§ 169-23 through 169-26 as Art. IX, §§ 169-30 through 169-33, respectively.