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.
(a) The minimum control requirements established in this Section and the Maryland Design Manual and the Prince George's County Design Manual are as follows:
(b) Alternative minimum control requirements may be submitted for approval to the Administration. A demonstration that alternative requirements will implement ESD to the MEP and control flood damages, accelerated stream erosion, water quality, and sedimentation will be required by the Department. Comprehensive watershed studies also may be required.
(c) In addition, where the development activity is located within a Chesapeake Bay Critical Area Overlay Zone, the minimum stormwater control requirements shall include all the requirements of Subtitle 5B.
(d) Concept and design plans shall be consistent with adopted and approved watershed management plans and flood management plans as approved by the State Water Resources Administration in accordance with the Flood Hazard Management Act of 1976 (Title 8, Subtitle 9A of the Natural Resources Article), where applicable.
(e) Best management practices information for new developments and redevelopments shown on the approved final stormwater management plans, where applicable, shall be submitted by the Department for submission to the Administration under the requirements of the NPDES Program. The owner and/or applicant shall provide this information to the Department.
(CB-15-2011; CB-27-2014; CB-36-2015)
(a) Preventive maintenance inspections of public infiltration systems, bioretention, retention or detention structures shall be made by the Department. Inspection reports for public facilities shall be maintained by the Department.
(b) Privately maintained facilities shall be inspected by the property owner of record. The Department of the Environment shall create an inspection schedule requiring an inspection during the first year of operation and at least once every three (3) years thereafter. The inspection reports shall be submitted to the Department of the Environment for evaluation to ensure compliance with the approved plans and maintenance agreement. Reports for private facilities shall be maintained by the Department of the Environment.
(c) In lieu of the Department of the Environment maintenance inspections, a licensed professional engineer may also perform maintenance inspections of private facilities and submit the appropriate reports to the Department of the Environment. Inspections by a third-party shall be evaluated by the Department of the Environment to ensure compliance with the approved plan and maintenance agreement.
(d) If, after an inspection, the condition of a facility presents an immediate danger to the public health or safety because of an unsafe condition or improper maintenance, for a publicly maintained facility, the Department or for a privately maintained facility, the Department of the Environment as appropriate, shall take such action as may be necessary to protect the public and make the facility safe. Any cost incurred by the County shall be paid by the owner.
(e) Inspection reports for ESD treatment systems and structural stormwater management measures shall include the following:
(f) Upon notifying an owner of the inspection results, the owner shall have 30 days, or other time frame mutually agreed to between the Department and the owner, to correct the deficiencies discovered. The Department shall conduct a subsequent inspection to ensure completion of the repairs.
(g) If repairs are not properly undertaken and completed, enforcement procedures of Section 32-195 of this Division shall be followed by the Department.
(h) If, after an inspection by the Department, the condition of a stormwater management facility is determined to present immediate danger to public health or safety because of an unsafe condition, improper construction, or poor maintenance, the Department shall take such action as may be necessary to protect the public and make the facility safe. Any cost incurred by the County shall be assessed against the owner(s), as provided in 32-195(c) of this Division.
(CB-15-2011; CB-30-2014)