The Maryland Department of the Environment (MDE) has reached a final determination to reissue a National Pollutant Discharge Elimination System (NPDES) stormwater permit to Prince George’s County, Maryland. This permit covers stormwater discharges from the storm drain system owned or operated by Prince George’s County. Permit requirements include implementing comprehensive stormwater management programs for addressing runoff from new and redevelopment projects, restoring urban areas where there is currently little or no stormwater management, and working toward meeting stormwater waste load allocations for local water resources and Chesapeake Bay. Also included in the permit are conditions that require the County to possess the necessary legal authority to control stormwater discharges, map its storm drain system, monitor urban runoff, and eliminate illicit discharges to the storm drain system. MDE has met with various stakeholders over the past several years regarding this permit, held a public hearing to accept testimony on June 5, 2013, and accepted public comments through June 27, 2013. It is MDE's final determination that this permit complies with the United States Environmental Protection Agency’s NPDES regulations to control stormwater pollutant discharges from Prince George’s County’s storm drain system to the maximum extent practicable.
City of Bowie Stormwater Management Control Ordinance
Section 21B-1. Purpose and Authority
A. The purpose of this Chapter is to protect, maintain, and enhance the public health, safety, and general welfare by establishing minimum requirements and procedures that control the adverse impacts associated with increased stormwater runoff. The goal of this Chapter is to manage stormwater by using Environmental Site Design (ESD) to the maximum extent practicable (MEP) to maintain after development, as nearly as possible, the predevelopment runoff characteristics, and to reduce stream channel erosion, pollution, siltation and sedimentation, and local flooding, and use appropriate structural Best Management Practices (BMPs) only when necessary.
B. It is the intent of this Chapter to restore, enhance, and maintain the chemical, physical, and biological integrity of streams, minimize damage to public and private property, and reduce the impacts of land development.
C. The application of this Chapter and provisions expressed herein shall be the minimum stormwater management requirements and shall not be deemed a limitation or repeal of any other powers granted by state statute. The City of Bowie shall be responsible for the coordination and enforcement of the provisions of this Chapter.
D. This Chapter applies to all new and redevelopment projects that have not received final approval for erosion and sediment control and stormwater management plans by May 3, 2010. Final approval shall mean document signature on the final technical stormwater management plans by the City Manager of the City of Bowie. Final stormwater management plans receiving approval on or before May 3, 2010, shall not be required to comply with this Chapter unless the development pursuant to the plans has not been completed with the approval periods set forth in section 21b-3 of this Chapter.
Section 21B-5. Applicability
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 in a manner consistent with the design manual and constructed according to an approved plan for new development or for redevelopment in accordance with section 21B-6 of this Chapter.
Section 21B-10. Permits.
- Upon approval by the Department and, where required, the district, of a stormwater management plan meeting the requirements of this Chapter, and subject to the requirements of this Section, the City shall issue a stormwater management permit. The permit shall not be issued unless the property owner has submitted to the City:
- An application for a stormwater management permit.
- For commercial, institutional, and industrial sites, recorded easements for the stormwater management facility and easements to provide adequate access for inspection and maintenance from a public right-of-way, unless a special tax district has been established pursuant to Chapter 23 of the City Code.
- For residential projects, dedication of lands to the City for all quantitative control measures, with an agreement to provide clear fee simple title upon satisfactory completion of the facilities and for all qualitative control measures, either dedication to the city with an agreement to provide clear fee simple title upon satisfactory completion or recorded easements sufficient to provide unimpeded access to the facility for inspection and maintenance purposes, as determined by the City.
- Where a stormwater management facility is constructed off-site, an easement or dedication of land to the city sufficient to provide unimpeded access to the facility for inspection and maintenance purposes, as determined by the City.
- Where a stormwater management system includes property located in the one hundred (100) year floodplain, an easement or dedication of land sufficient to prevent grading or other construction activities from occurring therein.
- A stormwater management maintenance agreement that complies with the requirements of Subsection b. of Section 21B-17 of this Chapter, which agreement may be recorded by the City.
- Performance and payment bonds as required by Section 21B-13 of this Chapter. 22
- Evidence of permission to discharge by the adjoining land owner(s) as necessary.
- The permit fee required by Section 21B-11 of this Chapter.
- Evidence of any insurance required by Section 21B-14 of this Chapter.
- If the proposed stormwater management facility requires a permit from the administration, or any other state or federal agency, evidence of that the property owner has obtained such approval.
- Stormwater management permits shall remain valid for the duration of the stormwater management plan approval and any extension of the approval which may be granted.
- The approved plan shall be a part of the permit.
- If the proposed stormwater management facility requires a permit from the administration, or any other state or federal agency, the City stormwater management permit required under this section will not be issued until the necessary state and/or federal permits pertaining to the site have been approved and forwarded to the Department.
- The Department may attach any conditions to the permit as may be deemed reasonably necessary to ensure public health and safety and the mitigation of environmental impact.
- Unless the property is exempt from the requirements of this Chapter or its provisions have been waived, no other permits relating to the development, including building permits, may be issued until the property owner has obtained a stormwater management permit. If a stormwater management plan or permit expires prior to completion of development, any other permit issued by the City relating to the development shall be revoked.
Section 21B-17. Maintenance
- The City shall ensure that preventive maintenance is performed by the property owner through inspections of all ESD treatment systems and structural stormwater management measures. Inspection shall occur during the first year of operation and at least once every three (3) years thereafter for city-owned facilities and privately-owned facilities on residential lots or properties. For privately-owned commercial, industrial, institutional, or multifamily residential properties, inspection shall occur during the first year of operation and at least once every year thereafter. In addition, a maintenance agreement between the owner and the city as set forth in Subsection b. of this Section shall be executed for privately-owned ESD treatment systems and structural stormwater management measures.
- Inspection reports shall be maintained by the City for all ESD treatment systems and structural stormwater management measures for at least three (3) years, except that inspection reports showing the existence of deficiencies or violations shall be maintained by the City for at least five years after the property is brought into compliance.
- Inspection reports for ESD treatment practices and structural stormwater management measures shall include the following:
- The date of inspection;
- Name of inspector;
- An assessment of the quality of the stormwater management system related to ESD treatment practice efficiency and the control of runoff to the MEP;
- The condition of:
- Vegetation or filter media;
- Fences or other safety devices;
- Spillways, valves, or other control structures;
- Embankments, slopes, and safety benches;
- Reservoir or treatment areas;
- Inlet and outlet channels or structures;
- Underground drainage;
- Sediment and debris accumulation in storage and forebay areas;
- Any nonstructural practices to the extent practicable; and
- Any other item that could affect the proper function of the stormwater management system.
- Description of needed maintenance.
- Upon notification by the City of a violation observed during inspection, a property owner shall have thirty (30) days, or such longer period as the City in its discretion determines is necessary in consideration of the magnitude of the required work or weather conditions or other circumstances beyond the control of the property owner, to correct the deficiencies discovered. The City shall conduct a subsequent inspection to ensure completion of the repairs.
- If repairs are not properly undertaken and completed within the time prescribed by the City, the City may take enforcement action as set forth in Subsection c. of Section 21B-16 of this Chapter.
- If, after an inspection by the City, the condition of a stormwater management facility is determined to present an immediate danger to public health or safety because of an unsafe condition, improper construction, or poor maintenance, the City may take such action as may be necessary to protect the public and make the facility safe. Any cost incurred by the City shall be assessed against the owner(s), as provided in Subsection b.3 of this Section.
B. Maintenance agreement
- Prior to the issuance of any stormwater management permit, the City shall require the applicant or owner to execute an inspection and maintenance agreement binding on all subsequent owners of the property that is the subject of the plan or any portion thereof. Such agreement shall provide for access to the facility at reasonable times for regular inspections by the City to ensure that the facility is maintained in proper working condition to meet design standards.
- The agreement shall be recorded by the City in the land records of Prince George’s County.
- The agreement shall provide that, if after notice by the City to correct a violation requiring maintenance work, satisfactory corrections are not made by the owner(s) within the time prescribed by the City, the City may perform all necessary work to place the facility in proper working condition. The owner(s) of the facility shall be assessed the cost of the work and any penalties. This may be accomplished by placing a lien on the property, which may be placed on the property tax bill and collected by the City in the same manner as property taxes.
C. Maintenance responsibilities
- The owner(s) of all stormwater management facilities, including all structural and nonstructural facilities and BMPs, completed pursuant to this Chapter that are to be privately maintained shall execute a maintenance agreement with the City, setting forth the owner’s responsibilities to the City to maintain all facilities in good working order, which shall be recorded among the land records of Prince George’s County and shall bind all present and subsequent owner(s) of the property that is the subject of the approved plan and any portion thereof.
- The owner of any property on which work has been done pursuant to this Chapter shall maintain in good condition and promptly repair or restore all grade surfaces, walls, drains, dams and structures, plants vegetation, erosion and sediment control measures and other protective devices. Such repairs or restorations and maintenance shall be in accordance with approved plans. The City may conduct periodic inspections of stormwater management facilities at any time.
- The City will assume the maintenance of:
- Selected residential stormwater management facilities upon the City Council’s acceptance of the facilities in accordance with Section 21B-18 of this Chapter; or
- For multi-use facilities owned by another public entity, upon execution of an agreement that allocates maintenance responsibilities between the City and the public entity that owns the stormwater management facility. However, the City will not accept maintenance responsibility, either by transfer of ownership or by agreement, for Prince George’s County regional stormwater management facilities.
- Stormwater controls that are associated with commercial, industrial or institutional property will not be dedicated to the City for maintenance, except as provided in Subsection c.5. of this Section.
- Stormwater control facilities associated with commercial and industrial, or institutional property and contained within a special taxing district that supports the facility may be dedicated to the City and accepted by the City in its sole discretion. Such dedication and/or acceptance shall not be affected by any determination by the City to continue or to abolish such special taxing district.
- Any stormwater management BMPs that are constructed on a privately owned residential lot shall be maintained by the owner and triennially inspected at the owner’s expense in accordance with Subsection c.8 of this Section. A property owner is required to notify a contract purchaser of the existence of the private stormwater management facility prior to the transfer of the property and a copy of the notification shall be delivered to the department by certified mail.
- A maintenance schedule shall be developed for the life of any stormwater management structure and shall be printed on the approved plan. This schedule shall contain:
- The dates by which maintenance activities will be performed.
- A description of the specific maintenance activities that will be performed.
- An estimated sediment loading and dredging schedule; and
- Any other information the Department deems necessary to ensuring that the structure is properly maintained for the duration of its existence.
- An inspection shall be performed once every three years for residential properties and annually for commercial properties by a professional engineer, professional land surveyor or landscape architect retained by the property owner. A copy of the inspection report shall be delivered to the department. The report shall contain, at a minimum:
- A description of the condition of vegetation, fences, principal spillway; emergency spillway, embankment, reservoir area, outlet channel, filtration devices, underground drainage, sediment load or any other item which could affect the proper function of the stormwater management structure system, including all nonstructural and structural stormwater management BMPs.
- A description of needed maintenance or repairs.
- A date by which any necessary the repairs are to be completed.
- An inspection report form will be made available by the City to fulfill the requirements of this Section.
- If any maintenance or inspection required by this Chapter is not performed, the department shall notify the property owner. The required work shall be performed within a reasonable time not to exceed thirty (30) days. In the event of an immediate danger or nuisance to the public health, safety or welfare of the community, a violation notice shall be given by the most expeditious means, and the violations shall be corrected immediately. In the event that the person responsible fails to take corrective action, the City may do the required work. The cost of such work by the City shall be paid to the City by the person who failed to take corrective action and shall be a debt due the City. Failure of the person responsible to honor the demands of the City for the costs incurred shall automatically terminate all permits issued by the city to the permittee, his predecessors, successors, and assigns in interest until the debt is paid in full. Furthermore, said assessment shall be a lien against all properties served by the system whose owners have received notice of their maintenance obligations pursuant to a maintenance agreement and/or declaration of covenants executed and recorded in accordance with this Chapter. Said lien may be placed on the real property tax bill of the properties subject to the assessment and collected as ordinary tax from the City.
Section 21B-20. Penalties
A. Any person convicted of violating the provisions of this Chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than five thousand dollars ($5,000) or imprisonment not exceeding one (1) year or both for each violation. Each day that the violation continues shall be a separate offense.
B. In addition to penalties presented in Subsection a. of this Section, the City may institute injunctive or any other appropriate action or proceedings at law or equity for the enforcement of this Chapter or to correct violations of this Chapter, and any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctive or other appropriate forms of remedy or relief.
C. In addition to the penalties and other remedies set forth in this section, the City may, if it finds a violation of this Chapter, issue stop-work orders with respect to work being performed pursuant to a City permit.