Chapter 14.01
NON-STORMWATER DISCHARGE
Sections:
14.01.040 Responsibility for administration.
14.01.070 Prohibited discharge and prohibited connections.
14.01.080 Suspension of MS4 access.
14.01.090 Industrial or construction activity discharges.
14.01.100 Monitoring of discharges.
14.01.120 Watercourse protection.
14.01.130 Notification of spills.
14.01.160 Alternative corrective action.
14.01.170 Violations deemed a public nuisance.
14.01.180 Criminal prosecution.
14.01.190 Attorney’s fees, court costs, and other expenses.
14.01.200 Remedies not exclusive.
14.01.010 Purpose.
The purpose of this Act is to provide for the health, safety, and general welfare of the citizens of the City of Takoma Park through the regulation of non-stormwater discharge into the storm drainage system 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 the 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 municipal separate storm sewer system (MS4) by stormwater discharges by any user;
B. To prohibit illicit connections and discharges to the municipal separate storm sewer system; and
C. To establish legal authority to carry out all inspection, surveillance, and monitoring procedures necessary to ensure compliance with this chapter. (Ord. 2024-16, 2024)
14.01.020 Definitions.
As used in this chapter:
“Best management practices” (or “BMP”) means 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.
“Clean Water Act” means the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.) and any subsequent amendments thereto.
“City Manager” means the City of Takoma Park, employees or designees of the City, including, but not limited to the Maryland Department of the Environment (“MDE”) Water Management Administration (“WMA”), and the Environmental Protection Agency (“EPA”).
“Construction activity” means activities subject to NPDES construction permits. Currently these include construction projects resulting in land disturbance of five acres or more. Beginning in March 2003, NPDES Stormwater Phase II permits will be required for construction.
“Hazardous materials” means 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.
“Illegal discharge” means any direct or indirect non-stormwater discharge to the storm drain system, except as exempted in Section 14.01.070.
“Illicit connections” means an illicit connection is defined as either of the following:
A. Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including but not limited to any conveyances which allow any non-stormwater discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by the City Manager; or
B. Any drain or conveyance connected from commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by the City Manager.
“Industrial activity” means activities subject to NPDES Industrial Permits as defined in 40 C.F.R. § 122.26(b)(14).
“MS4” means a municipal separate storm sewer system.
“National Pollutant Discharge Elimination System (“NPDES”) Stormwater Discharge Permit” means a permit issued by EPA (or by a State under authority delegated pursuant to 33 USC § 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.
“Non-stormwater discharge” means any discharge to the storm drain system that is not composed entirely of stormwater.
“Person” means any individual, association, organization, partnership, firm, corporation, or other entity recognized by law and acting as either the owner or as the owner’s agent.
“Pollutant” means anything which causes or contributes to pollution. Pollutants may include, but are 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, 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.
“Premises” means any building, lot, parcel of land, or portion of land, whether improved or unimproved including adjacent sidewalks and parking strips.
“Storm drainage system” means publicly 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 drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.
“Stormwater” means any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation and resulting from such precipitation.
“Stormwater pollution prevention plan” means a document that describes the best management practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters to the maximum extent practicable.
“Wastewater” means any water or other liquid, other than uncontaminated stormwater, discharged from a facility. (Ord. 2024-16, 2024)
14.01.030 Applicability.
This chapter shall apply to all water entering the storm drain system generated on any developed and undeveloped lands unless explicitly exempted by the City Manager. (Ord. 2024-16, 2024)
14.01.040 Responsibility for administration.
The City Manager shall administer, implement, and enforce the provisions of this chapter. Any powers granted or duties imposed upon the City Manager may be delegated in writing by the City Manager to persons or entities acting in the beneficial interest of or in the employ of the City Manager. (Ord. 2024-16, 2024)
14.01.050 Severability.
The provisions of this Act are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this Act or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this Act. (Ord. 2024-16, 2024)
14.01.060 Interpretation.
The standards set forth herein and promulgated pursuant to this Act are minimum standards. This chapter should not be interpreted to mean that compliance by any person will prevent contamination, pollution, or unauthorized discharge of pollutants. (Ord. 2024-16, 2024)
14.01.070 Prohibited discharge and prohibited connections.
A. Except as provided herein, no person shall discharge or cause to be discharged into the municipal storm drain system or watercourses any materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than stormwater.
1. 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 Act: water line flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising groundwater, groundwater infiltration to storm drains, uncontaminated pumped groundwater, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, noncommercial washing of vehicles, natural riparian habitat or wet-land flows, swimming pools (if dechlorinated—typically less than one PPM chlorine), firefighting activities, and any other water source not containing pollutants.
b. Discharges specified in writing by the City Manager as being necessary to protect public health and safety.
c. Dye testing is an allowable discharge but requires a written notification to the City Manager prior to the time of the test.
d. The prohibition 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 Federal Environmental Protection Agency; 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.
B. The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited.
1. 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.
2. 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. (Ord. 2024-16, 2024)
14.01.080 Suspension of MS4 access.
A. The City Manager 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 United States. If the violator fails to comply with a suspension order issued in an emergency, the City Manager may take such steps as deemed necessary to prevent or minimize damage to the MS4, waters of the United States, or to minimize danger to persons.
B. Any person discharging to the MS4 in violation of this chapter may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The City Manager will notify a violator of the proposed termination of its MS4 access. The violator may petition the City Manager for a reconsideration and hearing.
C. A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this section, without the prior approval of the City Manager. (Ord. 2024-16, 2024)
14.01.090 Industrial or construction activity discharges.
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 City Manager prior to the allowing of discharges to the MS4. (Ord. 2024-16, 2024)
14.01.100 Monitoring of discharges.
This section applies to all facilities that have stormwater discharges associated with industrial activity, including construction activity.
A. The City Manager 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. If a discharger has security measures in force that require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the City Manager.
B. Facility operators shall allow the City Manager 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 condition of the NPDES permit to discharge stormwater, and the performance of any additional duties as defined by State and Federal law.
C. The City Manager shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the City Manager to conduct monitoring and/or sampling of the facility’s stormwater discharge.
D. The City Manager 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 its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy.
E. Any temporary or permanent obstruction to 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 City Manager and shall not be replaced. The costs of clearing such access shall be born by the operator.
F. Unreasonable delays in allowing the City Manager access to a permitted facility is a violation of a stormwater discharge permit and of this chapter. A person who is the operator of a facility with a NPDES permit to discharge stormwater associated with industrial activity commits an offense if the person denies the City Manager reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this chapter.
G. If the City Manager 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 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 City Manager may seek issuance of an administrative search warrant from any court of competent jurisdiction. (Ord. 2024-16, 2024)
14.01.110 Requirement to prevent, control, and reduce stormwater pollutants by the use of best management practices.
The City Manager will adopt requirements identifying best management practices for any activity, operation, or facility which may cause or contribute to pollution or contamination of stormwater, the storm drain system, or waters of the U.S. The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses through the use of these structural and nonstructural BMPs. Further, any person responsible for a property or premises, which is, or may be, the source of an illicit discharge, may be required to implement, at said person’s expense, additional structural and nonstructural BMPs to prevent the further discharge of pollutants to the municipal separate storm sewer system. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this section. These BMPs shall be part of a stormwater pollution prevention plan (SWPP) as necessary for compliance with requirements of the NPDES permit. (Ord. 2024-16, 2024)
14.01.120 Watercourse protection.
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 watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. (Ord. 2024-16, 2024)
14.01.130 Notification of spills.
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 are resulting or may result in illegal discharges or pollutants discharging into stormwater, the storm drain system, or water of the U.S. 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 City Manager 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 City Manager 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. (Ord. 2024-16, 2024)
14.01.140 Enforcement.
A. Whenever the City Manager finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the City Manager may order compliance by written notice of violation to the responsible person. Such notice may require without limitation:
1. The performance of monitoring, analyses, and reporting;
2. The elimination of illicit connections or discharges;
3. That violating discharges, practices, or operations shall cease and desist;
4. The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
5. Payment of a fine to cover administrative and remediation costs; and
6. The implementation of source control or treatment BMPs.
B. If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator.
C. If a person fails to comply with the notice of violation, pursuant to Maryland Code § 6-102 et seq., of the Local Government Article, the City Manager may issue a municipal infraction citation seeking to have a fine imposed and to have the District Court of Maryland enter an order to abate the offense. Violations of this chapter shall be classified as AA offenses and subject to a $1,000.00 fine for each offense and an additional $1,000.00 fine for each additional or repeat offense.
D. If a person fails to comply with the notice of violation issued pursuant to subsections (A) and (B) of this section, nothing herein shall prevent the Maryland Department of the Environment (“MDE”) Water Management Administration (“WMA”), and/or the Environmental Protection Agency (“EPA”), pursuant to applicable Federal and/or State law from taking any enforcement action, abatement action, and/or from recovering any attorney’s fees, costs, and/or expenses associated therewith. (Ord. 2024-16, 2024)
14.01.150 Injunctive relief.
It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. If a person has violated or continues to violate the provisions of this chapter, the City Manager may petition for a preliminary or permanent injunction restraining the person from activities that would create further violation or compelling the person to perform abatement or remediation of the violation. (Ord. 2024-16, 2024)
14.01.160 Alternative corrective action.
In lieu of enforcement proceedings, penalties, and remedies authorized by this chapter, the City Manager may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc. (Ord. 2024-16, 2024)
14.01.170 Violations deemed a public nuisance.
In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter which 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. (Ord. 2024-16, 2024)
14.01.180 Criminal prosecution.
Any person that 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 Class A misdemeanor and criminal penalty of $1,000.00 per violation per day or imprisonment for a period of time not to exceed 180 days, or both. (Ord. 2024-16, 2024)
14.01.190 Attorney’s fees, court costs, and other expenses.
The City Manager may recover all attorney’s fees, court costs, and other expenses associated with enforcement of this chapter, including sampling and monitoring expenses. (Ord. 2024-16, 2024)
14.01.200 Remedies not exclusive.
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 City Manager to seek cumulative remedies. (Ord. 2024-16, 2024)