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The following discharges are exempt from the prohibitions established by this chapter:
(A) Water line flushing or other potable water sources;
(B) Landscape irrigation or lawn watering;
(C) Permitted diverted stream flows;
(D) Rising groundwater;
(E) Groundwater infiltration to storm drains;
(F) Uncontaminated pumped groundwater;
(G) Uncontaminated discharge from foundation drains or pumps;
(H) Air conditioning condensation;
(I) Springs;
(J) Noncommercial washing of vehicles;
(K) Natural riparian habitat or wetland flows;
(L) Firefighting 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.
(2004 Code, § 105-4) (Ord. 04-03, passed 4-1-2004)
STORM SEWER PROTECTION
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.
(2004 Code, § 105-5) (Ord. 04-03, passed 4-1-2004)
(A) The county may, without prior notice, suspend any approved discharge access to a CS4 to a person, when suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, to public health or welfare, or to any system, watercourse, or designated sensitive resource. If a person fails to comply with a suspension order, the county may take steps to prevent or minimize damage to any storm sewer system, watercourse, or sensitive resource or to minimize an identified danger or hazard to the general health and welfare.
(B) A person discharging to a CS4 or watercourse in violation of this chapter may have the system access terminated if such termination would abate, reduce, or eliminate an illicit discharge. The county shall notify a violator in writing of the proposed termination of system access. The violator may petition the county for reconsideration. Reinstatement of a discharge, connection, or access which has been terminated pursuant to this section without the county approval constitutes a violation of this chapter.
(2004 Code, § 105-6) (Ord. 04-03, passed 4-1-2004)
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 county prior to allowing any discharge to the CS4.
(2004 Code, § 105-7) (Ord. 04-03, passed 4-1-2004)
This section applies to all facilities that have stormwater discharges, including construction activity or any other discharge to any CS4.
(A) The county 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 county may inspect, sample, examine, and investigate the source of any discharge to a CS4. In support of any investigation, the county may review and copy any records maintained pursuant to the conditions of any discharge permit or this chapter.
(C) The county 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.
(2004 Code, § 105-8) (Ord. 04-03, passed 4-1-2004)
(A) The owner of any property shall prevent accidental discharge of prohibited materials or pollutants into CS4 or watercourses through the use of structural and nonstructural BMPs.
(B) Any person who is the source of an illicit discharge may be required to implement, at the person’s expense, additional structural and nonstructural BMPs to prevent the further discharge of pollutants to any CS4. Compliance with the terms and conditions of a valid NPDES permit authorizing the discharge of stormwater constitutes compliance with this section.
(2004 Code, § 105-9) (Ord. 04-03, passed 4-1-2004)
(A) The owner of property through which a watercourse passes shall keep and maintain that part of the watercourse within the property generally free of man-made obstructions or sources of pollutants.
(B) The owner shall maintain existing privately owned structures within or adjacent to a watercourse, so that the structures will not become a hazard to the use, function, or physical integrity of the watercourse.
(2004 Code, § 105-10) (Ord. 04-03, passed 4-1-2004)
(A) Responsibility. Notwithstanding other requirements of law, any person responsible for a site who has information of an illicit discharge or discharge of pollutants into stormwater, the storm sewer system, or watercourse shall contain and clean up the release.
(B) Time.
(1) For a release of hazardous materials, the person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services.
(2) For a release of nonhazardous materials, the person shall notify the county in person or by telephone or facsimile no later than the next business day.
(3) Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the county within three business days of the notice by telephone.
(C) Commercial or industrial records. If the discharge of prohibited materials emanates from a commercial or industrial use, the owner or operator shall retain an on site written record of the discharge and the actions taken to prevent its recurrence.
(2004 Code, § 105-11) (Ord. 04-03, passed 4-1-2004)
The county may require a surety, cash bond, irrevocable letter of credit, or other means of security acceptable to the county 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 county may use the guaranty to complete the work.
(2004 Code, § 105-12) (Ord. 04-03, passed 4-1-2004)
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