In this chapter the following terms have the meanings indicated. Any
term not defined in this chapter shall have the meaning as defined in any
chapter of the Code or in the Natural Resource Article, § 8-1201,
et seq. Annotated Code of Maryland. Any term not defined in the Code in any
chapter shall have its generally accepted meaning.
BEST MANAGEMENT PRACTICES or BMPS
Conservation practices or systems of practices and management measures
that minimize adverse impacts to the environment, including surface water,
groundwater flow and circulation patterns, and to the chemical, physical,
and biological characteristics. BMPs include 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.
CITY SEPARATE STORM SEWER SYSTEM OR CS4
A separate storm sewer system that is owned or maintained by the
City and designed to convey stormwater runoff to a point of discharge into
waters of the state.
CLEAN WATER ACT
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments.
COMAR
Code of Maryland Regulations.
CONSTRUCTION ACTIVITY
An activity subject to NPDES construction permits, including a construction
project resulting in land disturbance of one acre or more, clearing, grubbing,
grading, excavating, and demolition.
COUNTY
The Board of Commissioners of Carroll County or its designee.
DRAINAGE BASIN
An area drained by an ordered stream system and classified by the
highest order stream that forms its discharge.
ENHANCEMENT
An action performed to provide additional protection to create or
improve the function of an ecosystem.
FACILITY
Any structure or complex of structures where runoff is discharged
into a CS4.
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.
ILLICIT DISCHARGE
Any discharge to any CS4 that is not composed entirely of stormwater
runoff except discharges resulting from common residential stormwater runoff,
fire-fighting activities or from any legally permitted discharge. The direct
discharge of any sanitary discharge, including domestic sewage or other pollutants,
into any CS4 will be considered an illicit discharge.
ILLICIT CONNECTION
A surface or subsurface drain or conveyance that allows an illicit
discharge to enter the storm drain system, including but not limited to:
A.
A conveyance which allows a nonstormwater discharge, including sewage,
process wastewater, and wash water, to enter the storm drain system or a connection
to the storm drain system from an indoor drain or sink, regardless of whether
the drain or connection had been previously allowed, permitted, or approved
by an authorized enforcement agency; or
B.
A drain or conveyance connected from a commercial or industrial land
use to the storm drain system which has not been documented in plans, maps,
or equivalent records and approved by an authorized enforcement agency.
INDUSTRIAL ACTIVITY
An activity subject to NPDES industrial permits as defined in 40
CFR § 122.26(b)(14).
NPDES
National Pollutant Discharge Elimination System.
NPDES STORMWATER DISCHARGE PERMIT
A permit issued by the Environmental Protection Agency or the state
that authorizes the discharge of pollutants to waters of the United States.
OUTFALL
The point where a storm sewer system discharges.
PERSON
Includes the federal government, the state, any county, municipal
corporation, or other political subdivision of the state, or any of their
units, or an individual, receiver, trustee, guardian, executor, administrator,
fiduciary, or representative of any kind, or any partnership, firm, association,
public or private corporation, or any other entity.
POLLUTANT
A.
A contaminant that may result in any alteration of the physical, chemical,
or biological properties of groundwater or surface water, including any change
in temperature, taste, color, turbidity, or odor of the receiving waters or
discharge or deposit of any organic matter, harmful organism, or liquid, gaseous,
solid, radioactive, or other substance into groundwater or surface water that
may render the waters harmful or detrimental to the public health or welfare
to any domestic, commercial, industrial, agricultural, recreational, or other
legitimate beneficial use of the water, to any livestock, wild animals, birds,
fish or other aquatic species that may use the water; or
B.
Any substance that may cause or contribute to pollution, including but
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, ordnances, 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.
SEPARATE STORM SEWER SYSTEM
A private conveyance or system of conveyances, including but not
limited to drainage systems, streets, catch basins, curbs, gutters, ditches,
swales, constructed channels, storm drains, associated underground piping
and any on-site stormwater management facilities that are:
A.
Designed or used for the collection and conveyance of stormwater runoff
(either immediate or delayed) from any form of precipitation event;
B.
Not any part of a combined sewer system; and
C.
Not part of or discharging into any publicly owned treatment works (POTW)
as defined in 40 CFR 122.2.
SIGNIFICANT MATERIALS
Includes, but is not limited to: raw materials, petroleum derivative
products; any controlled hazardous substances pursuant to COMAR 26.13; industrial
waste pursuant to COMAR 26.08.01.01; infectious waste pursuant to COMAR 26.04.07.02;
materials such as solvents or detergents; finished materials such as metallic
products; raw materials used in food processing or production; fertilizers;
pesticides; waste products such as ashes, slag and sludge or any other material
that could result in pollution of waters of the state as a constituent in
stormwater discharge.
STORM DRAINAGE SYSTEM
Any facilities by which stormwater is collected or conveyed, including
but not limited to any roads with drainage systems, streets, gutters, curbs,
inlets, piped storm drains, pumping facilities, retention and detention basins,
natural and man-made or altered drainage channels, reservoirs, and other drainage
structures.
STORMWATER
Any surface flow, runoff, and drainage consisting entirely of water
resulting from any form of natural precipitation.
STRUCTURE
Anything constructed, the use of which requires fixed location on
the ground or which is attached to something having fixed location.
WASTEWATER
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
WATERCOURSE
Any natural or artificial stream, river, creek, ditch, channel, canal,
conduit, culvert, drain, waterway, gully, ravine, or wash, in and including
any adjacent area that is subject to inundation from overflow or floodwaters
and their associated wetlands.
The following discharges are exempt from the prohibitions established
by this chapter:
A. Waterline flushing or other potable water sources;
B. Landscape irrigation or lawn watering;
C. Permitted diverted stream flows;
E. Groundwater infiltration to storm drains;
F. Uncontaminated pumped groundwater;
G. Uncontaminated discharge from foundation drains or pumps;
H. Air-conditioning condensation;
J. Noncommercial washing of vehicles;
K. Natural riparian habitat or wetland flows;
L. Fire-fighting activities;
M. Any water source not containing pollutants;
N. Discharges specified in writing by the authorized enforcement
agency as being necessary to protect public health and safety;
O. Dye testing with prior verbal notification to the authorized
enforcement agency; and
P. Any nonstormwater discharge legally permitted under a
NPDES permit issued by the Maryland Department of the Environment, provided
that the discharger is in full compliance with all requirements of the issued
permit and with all other applicable laws and regulations and with prior written
approval of discharge to the CS4.
Any person in control of any part of a storm sewer system, including
any stormwater management facility or any surface or subsurface stormwater
conveyance system, shall maintain those components in good and workable condition.
The owner shall promptly repair and restore the systems or components when
conditions warrant.
A person subject to an industrial or construction activity NPDES stormwater
discharge permit shall comply with all provisions of the permit. Proof of
compliance with the permit shall be submitted in a form acceptable to the
City prior to allowing any discharge to the CS4.
This section applies to all facilities that have stormwater discharges,
including construction activity or any other discharge to any CS4.
A. The City may, upon notification, enter and inspect the
source of any discharge, including those under an individual or general NPDES
permit, that are subject to this chapter when necessary to determine compliance.
Failure to cooperate with an inspection constitutes a violation of this chapter.
B. To determine compliance, the City may inspect, sample,
examine, and investigate the source of any discharge to a CS4. In support
of any investigation, the City may review and copy any records maintained
pursuant to the conditions of any discharge permit or this chapter.
C. The City may require the discharger to install monitoring
equipment if the nature of the discharge warrants. The facility's sampling
and monitoring equipment shall be maintained in a safe and proper operating
condition by the discharger at its own expense. All devices used to measure
stormwater flow and quality shall be calibrated to ensure accuracy.
The City may require a surety, cash bond, irrevocable letter of credit,
or other means of security acceptable to the City as a guaranty under certain
requirements of this chapter. In cases when a guaranty is required, the amount
required shall be no less than the total estimated cost of the action required.
The guaranty shall include forfeiture provisions for failure to complete the
required activity within the time specified. The guaranty may not be released
prior to final inspection which verifies compliance with this chapter. No
partial releases may be made. In the event that the guarantor fails to perform
or complete the required activity, the City may use the guaranty to complete
the work.