Salisbury "Crossroad of Delmarva"

Section 13.04.010 Application for sewer service--Approval or disapproval.
Application for sewer service shall be made, on prescribed forms furnished by the department of building, housing and zoning, by the property owner or his duty authorized agent. If the director of the department of building, housing and zoning is satisfied that the request described in an application conforms to the requirements of this chapter and other pertinent laws and ordinances, he shall approve the application. Should the application not conform to the requirements of this chapter and other pertinent laws and ordinances, the director of the department of building, housing and zoning shall disapprove such application. Such refusal shall, when requested, be in writing and will contain the reasons therefor. (Prior code § 132-5)

Section 13.04.020 Reconnection after discontinuance of service.
Should the owner of any property fail to pay the sewer charges billed to him within the time limited by this chapter, and should his sewer service be discontinued, service shall not be resumed until all delinquent charges and the cost of disconnection and reconnection have been paid to the city, regardless of any change of occupancy. (Prior code § 132-6)

Section 13.04.030 Inspections--Penalty for refusal to permit inspection.
All properties connected with the sanitary sewer system of the city may be inspected from time to time by employees of the department of building, housing and zoning and the department of public works* or other agency of the city for purpose of checking the amount and nature of the effluent being discharged into the sanitary sewer system. Any person who shall refuse to permit an inspection of any such property for the purposes aforesaid shall be guilty of a misdemeanor and, upon conviction thereof by the Circuit Court for the county, shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00) or by imprisonment for not less than ten days nor more than thirty (30) days. (Prior code § 132-7)

Section 13.04.040 Discontinuance of service--Notice of disconnection.
Should any property owner or occupant of property connected with the city sanitary sewer system refuse to permit an inspection of such property for the purposes outlined in Section 13.04.030, then such property shall be disconnected from the sanitary sewer system and shall not be reconnected thereto until the inspection of the property has been completed and the cost of such disconnection and reconnection is paid to the city. Before disconnecting any property under the provisions hereof, the director of the department of building, housing and zoning shall give five days' notice by letter addressed to the person refusing to permit such inspection notifying such person that sewer service shall be discontinued unless the inspection provided for herein is permitted. (Prior code § 132-8)

Section 13.04.050 Sewer charges imposed.
The charges for sewage removal, treatment and disposal are imposed upon all properties located within the corporate limits of the city, and charges for collection, removal, treatment and disposal are imposed upon all properties located outside the corporate limits of the city which are connected with the city's sanitary sewer system, in the amounts computed as hereinafter provided, and such sewer charge shall be billed and collected from the owner of each such property in the manner provided by this chapter. (Prior code § 132-9)

Section 13.04.060 Computation of sewer charges.
    The sewer charges imposed in Section 13.04.050 shall be computed as follows:
    A. For properties paying metered water charges, for all consumption, the sewer charge shall be an amount equal to the amount of such metered water consumption; provided that, for properties not using city water but measuring the amount of effluent discharged into the sanitary sewer system by means of a sewage flow meter or other device approved by the city, the amount of effluent so discharged shall be considered as establishing the amount of water consumption for the purpose of determining the amount of the sewer charge.
    B. Sewer charge for properties inside corporate limits, but not using city water.
    1. For properties located inside the corporate limits but not using city water and not measuring the amount of effluent discharged into the sanitary sewer system by means of a sewage flow meter or other measuring device approved by the city, the sewer charge shall be computed by determining the number of water fixtures located in such property and charging for such an amount set forth in the following schedule:

Annual In-City Rates

Rate 1	One to two fixtures	$ 86.00
Rate 2	Three to five fixtures	150.00
Rate 3	Six to ten fixtures	225.00
Rate 4	Eleven to fifteen fixtures	300.00
Rate 5	Sixteen to twenty fixtures	375.00

For every five or less fixtures above twenty (20) fixtures, the rate shall be rate number 5 plus seventy-five
($75.00) for each increment of five or less fixtures.

    2. When, in the opinion of the director of the department of building, housing and zoning, any property, whether inside or outside the corporate limits, is desirous of connection to the city's sanitary sewer or any county urban service district sanitary sewer and has an expected flow of one hundred thousand (100,000) gallons per year or greater, he will require that the property owner install, at the property owner's expense, an appropriate measuring device for determining the basis of the sewer charge. This device shall be placed under the city's direct supervision and shall be in accordance with city standards. The device must meet city approval and shall be accessible to city personnel at all times for maintenance, repair and reading. A reasonable charge will be made for maintenance, repair or replacement.
    3. Any properties now connected to the city's sanitary sewer that, in the opinion of the director of the department of building, housing and zoning, have a flow of one hundred thousand (100,000) gallons per year or greater will have until January 1, 1973, to install and place in service the measuring device. Any existing, operating device and its installation shall be upgraded to meet city standards by January 1, 1973.
    C. For residential properties located outside the corporate limits but not using city water and not measuring the amount of effluent discharged into the sanitary sewer system by means of a sewage flow meter or other measuring device approved by the city, the sewer charge shall be computed by determining the number and kind of water fixtures located in such property and charging for the same an annual amount equal to two hundred (200) percent of those set forth for properties located in the corporate limits in the tabulation of subsection (B) of this section. Any property located outside the corporate limits required by the director of the department of building, housing and zoning to have a measuring device installed under authority of subsection (B) of this section shall pay an amount equal to two hundred (200) percent of the rates for properties located in the corporate limits, except county urban service district sanitary sewer, which shall pay the stipulated rate for that particular district. (Ord. 1824 § 1, 2001; Ord. 1667, 1997; Ord. 1688 § 3, 1998; Ord. 1604 § 3, 1995; Ord. 1588 § 3, 1994; Ord. 1563 § 3, 1993; prior code § 132-10)

Section 13.04.070 Front-foot charges.
    A. For all residential properties located outside the corporate limits which connect to sanitary sewer mains owned by the city after the date of final passage of this chapter, an annual front-foot charge shall be made at the rate of eight percent of the average total per-foot cost of a twelve-inch sanitary sewer main, as determined by current city policy. This charge will terminate for any properties located in an area successfully annexed to the city; provided, that an amount equal to the front-foot charge for an equivalent in-city property has been collected. If such an amount has not been collected, the annual front-foot charge will continue until such amount is collected and then terminated.
    B. Industrial, commercial and institutional uses (including multiple-family dwellings) shall be considered on an individual basis and in accordance with current city policy.
    C. Annual front-foot assessments are due July 1st each year, at which time interest and penalties are added and collected using the same method as real estate taxes. If they remain unpaid, the property then may be sold at tax sale in the same manner as real estate taxes. (Ord. 1563 § 6 (part), 1993; prior code § 132-12)

Section 13.04.080 Billing--Delinquency in payment--Penalties for delinquency.
Sewer charges shall be billed to the property owners at the same time as the bills for water charges are rendered. In the event that the sanitary sewer user is not also a city water user, then sewer charges shall be billed quarterly. Property owners are responsible for payment of all sewer charges, and if any bill rendered for sewer charges shall not be paid within forty-five (45) days after the close of the billing period for which such bill was rendered, a penalty of five percent of the amount of such bill shall be payable, in addition to the amount of such bill. If any such bill shall not be paid within sixty (60) days after the close of the billing period for which the bill is rendered, sewer service shall be discontinued. The city treasurer is directed to issue one written notice by postcard or other appropriate means to the property owner at any time during such sixty-day period warning him that sewer service will be discontinued unless payment is made as herein provided. (Prior code § 132-13)

Section 13.04.090 Reduction or increase of sewer charges.
    The council of the city may, by resolution adopted and spread upon its minutes:
    A. Reduce or increase the sewer charges established in this chapter;
    B. Establish, decrease or increase sewer charges for sewage having characteristics requiring special or increased treatment by the city's sewage treatment facilities. (Prior code § 132-14)

Section 13.08.010 Tampering or destruction of water meters and fire hydrants--Compliance--Violations.
    A. The tampering with, damaging, destroying or removing of any component of water meter installations, including covers, valves, meters and appurtenances, is declared to be unlawful.
    B. The tampering with, damaging, destroying or removing of any fire hydrant or part thereof is declared to be unlawful.
    C. The sale and distribution of all water from the municipal water system of and by the city be and the same is made subject to and in conformity with the regulations of this chapter.
    D. The violation of any part of this section is declared to be a misdemeanor. In addition, if wastage of water or use of unmetered water results from a violation, the violator shall be responsible in damages and for restitution for the cost of water wasted or used, based on a gallonage estimate by the director of public works,* at the current rate charged to bona fide consumers. (Prior code § 132-23)

Section 13.08.020 Application for water service--Approval or disapproval.
Application for water service shall be made on prescribed forms furnished by the department of building, housing and zoning by the property owner or his duly authorized agent. If the director of the department of building, housing and zoning is satisfied that the request described in an application conforms to the requirements of this chapter and other pertinent laws and ordinances, he shall approve the application. Should the application not conform to the requirements of this chapter and other pertinent laws and ordinances, the director of the department of building, housing and zoning shall disapprove such application. Such refusal shall, when requested, be in writing and will contain the reasons therefor. (Prior code § 132-24)

Section 13.08.030 Installation and testing of meters--Costs.
The city engineer is authorized and directed to install meters of appropriate sizes on water connections serving all properties. If the accuracy of any meter is questioned by the property owner, it shall be removed and tested. If the test shows an error in excess of five percent, the percentage in excess of five percent shall be applied on two previous readings, and the property owner's account credited accordingly. In this case, the entire cost of the test shall be borne by the water department. The city may, if requested to check water meters more frequently than once each year at any given location, make an appropriate charge for this service. (Prior code § 132-35)

Section 13.08.040 Payment of water charges--Nonpayment--Discontinuance and resumption of service.
A. Property owners are responsible for payment of all water charges, and if any bill rendered for water charges shall not be paid within forty-five (45) days after the close of the billing period for which such bill was rendered, a penalty of five percent of the amount of such bill shall be payable in addition to the amount of said bill. If any such bill shall not be paid within sixty (60) days after the close of the billing period for which same is rendered, water service shall be discontinued. The city treasurer is directed to issue one written notice by postcard or other appropriate means to the property owner at any time during such sixty (60) day period warning him that the water service will be discontinued unless payment is made as herein provided.
B. Fees. All fees adopted by the ordinance codified in this chapter and all other fees currently in effect shall remain so unless changed at a future date by the Salisbury city council. (Ord. 1563 § 5, 1993: prior code § 132-26)

Section 13.08.050 Installation of fire service connections.
Sprinkler or fire service connections shall be constructed by the city from the street main to a point in the public sidewalk area at the property owner's request and expense, such cost to be determined by the city engineer. No fire service connection shall be installed without the submission of plans and the approval thereof by the director of the department of building, housing and zoning and the city engineer. (Prior code § 132-27)

Section 13.08.060 Connections to comply with applicable regulations.
    All connections made to the city's water supply shall be in conformity with the plumbing code of the city or any subsequent amendments thereof and in accordance with all rules and regulations of the public works department.*
    A. Prohibited Connection of Outside Irrigation Systems. Outside underground irrigation systems shall not be connected to the city's water supply system, either in the city limits or in any urban service district. Any outside underground irrigation system connected to the city's water supply system prior to the date of the final passage of this chapter shall be permitted to remain connected to the city's water supply system.
    B. Variance. If, in the opinion of the director of the department of public works, the construction of a ground water well to service an underground irrigation system would be impractical and would constitute a hardship, then in that event, a variance may be granted by the director of the department of public works permitting connection to the city water supply system. Such variance may carry conditions deemed necessary to comply with any health or water supply considerations.
    C. Front-foot Assessments. Annual front-foot assessments are due July 1st each year at which time interest and penalties are added and collected using the same method as real estate taxes. If they remain unpaid, the property then may be sold at tax sale in the same manner as real estate taxes. (Ord. 1563 § 6 (part), 1993; Ord. 1556 (part), 1993; prior code § 132-28)

Section 13.08.070 Water use during drought or emergencies.
The city may declare periods when, because of drought or other emergency, the continued use of water for the sprinkling of lawns or gardens or for other outside purposes by customers, users and purchasers from the municipal water system of the city may diminish the supply to the extent that adequate reserves cannot be maintained for fire fighting or cause some other condition to exist which may be contrary to the welfare of the citizens of the city and shall give notice of such condition by announcement to the public through radio and/or television or other media. (Prior code § 132-29)

Section 13.08.080 Limitation and discontinuance of service during drought or emergencies.
The city may, at the time of making such public announcement, fix the day and hours during which water may be used for sprinkling lawns or gardens or for other outside purposes; and in the event that any customer, user or purchaser uses such water not in accordance with the day and hours so fixed, all water service may be cut off and discontinued to the property where the water is being so used after a notice thereof has been mailed or delivered to the occupant or owner of such property where water is being used in violation of this chapter. (Prior code § 132-30)

Section 13.08.090 Resumption of service.
Water service may be restored to the property after having been cut off and discontinued by the city, in its discretion, after reasonable assurance by the owner or occupant that further violation of this chapter will not occur. (Prior code § 132-31)

Section 13.08.100 Refusal to permit inspections.
Should any property owner or occupant of property connect with the water supply system of the city refuse to permit an inspection of such property, then such property shall be disconnected from the water supply system of the city and shall not be reconnected thereto until the inspection of the property has been completed and a reconnection fee of twenty-five dollars ($25.00) is paid to the city. Before disconnecting any property under the provisions hereof, the director of the department of building, housing and zoning shall give five days' written notice by letter addressed to the person refusing to permit such inspection, notifying such person that water service shall be discontinued unless the inspection provided for herein is permitted. (Prior code § 132-32)

Section 13.08.110 Inspections authorized--Records--Penalty for refusal to permit inspection.
All properties connected with the water supply system of the city may be inspected from time to time by the director of the department of building, housing and zoning or his authorized representative. Complete records of the inspections provided for herein shall be compiled and maintained by the department of building, housing and zoning. An owner or occupant of a property connected with the water supply system of the city who shall refuse to permit an inspection of any such property shall be guilty of a misdemeanor and, upon conviction thereof by the trial magistrate of the county of the circuit court for the county, shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00) or by imprisonment for not less than ten days nor more than thirty (30) days. (Prior code § 132-33)

Section 13.08.120 Schedules for metered water consumption charges established.
The schedules for metered water consumption charges applicable to properties located within the corporate limits of the city and for metered water consumption charges applicable to properties located outside the corporate limits of the city for the sale and distribution of water from the municipal water system of the city are established, approved and adopted as set out in this chapter. (Prior code § 132-34)

Metered Water Consumption Charges. Payment for all water used through meters shall be in accordance with the following schedules:

Block No.

1st	100,000 gallons	$2.24 per 1,000 gallons
2nd	100,000 gallons	1.30 per 1,000 gallons
All over	200,000 gallons	1.00 per 1,000 gallons

Block No.

1st	300,000 gallons	$2.46 per 1,000 gallons
2nd	300,000 gallons	1.43 per 1,000 gallons
All over	600,000 gallons	1.15 per 1,000 gallons

The minimum water consumption charge shall be sixteen dollars and forty-six cents ($16.46) per quarter or sixty-five dollars and eighty-four cents ($65.84) per annum. (Ord. 1813 § 1, 2001; Ord. 1725 § 1, 1999)

Metered Water Consumption Charges. Payment for all water used through meters shall be in accordance with the following schedule (except urban water service districts):

Block No.

1st	100,000 gallons	$4.48 per 1,000 gallons
2nd	100,000 gallons	2.60 per 1,000 gallons
All over	200,000 gallons	2.00 per 1,000 gallons

Block No.

1st	300,000 gallons	$4.92 per 1,000 gallons
2nd	300,000 gallons	2.86 per 1,000 gallons
All over	600,000 gallons	2.30 per 1,000 gallons

The minimum water consumption charge will be thirty-two dollars and eighty cents ($32.80) per quarter or one hundred thirty-one dollars and twenty cents ($131.20) per annum. (Ord. 1813 § 2, 2001; Ord. 1725 § 2, 1999)

Section 13.08.150 Service charges for commercial and industrial activities.
    A. Commercial and industrial activities within the corporate limits which do not use the municipal water supply for their entire operational needs and who are supplied with fire service or standby operational service shall pay the following charges:
    1. For each fire service, per annum: three hundred dollars ($300.00);
    2. For each standby operational service, per annum: three hundred dollars ($300.00).
    B. Commercial and industrial activities located outside the corporate limits which are supplied with fire service, regardless of whether or not they use the municipal water supply for their entire operational needs, and commercial and industrial activities outside the corporate limits who do not use the municipal water supply for their entire operational needs and who are supplied with standby operational service shall pay the following charges:
    1. For each fire service, per annum: six hundred dollars ($600.00);
    2. For each standby operational service, per annum: six hundred dollars ($600.00). (Prior code § 132-37)

Section 13.08.160 Front-foot charges.
For all residential properties located outside the corporate limits that connect to water mains owned by the city, after the date of final passage of this chapter, an annual front-foot charge shall be made at the rate of eight percent of the average total per-foot cost of a twelve-inch water main as established by current city policy. This charge will terminate for any properties located in an area successfully annexed to the city, provided that an amount equal to the front-foot charge for an equivalent in-city property has been collected. If such amount has not been collected, the annual front-foot charge will continue until such amount is collected and then terminated. Industrial, commercial and institutional properties, including multiple family residences, shall be considered on an individual basis and in accordance with current city policy. Annual front-foot assessments are due July 1st each year, at which time interest and penalties are added and collected using the same method as real estate taxes. If they remain unpaid, the property then may be sold at tax sale in the same manner as real estate taxes. (Prior code § 132-38)

Tapping Fees In-City

3/4" Water Service Connection		$1,190.00
1" Water Service Connection		1,320.00
1-½" Service Connection	Disc	2,630.00
	Tru Flo	4,700.00
2" Water Service Connection	Disc	2,940.00
	Tru Flo	5,000.00

3/4" Meter Setting Only		94.00
1" Meter Setting Only		207.00
1-½" Meter Setting Only	Disc	660.00
	Tru Flo	1,560.00
2" Meter Setting Only	Disc	790.00
	Tru Flo	1,400.00

Tapping Fees Out-Of-City

3/4" Water Service Connection		$1,500.00
1" Water Service Connection		1,640.00
1-½" Water Service Connection	Disc	3,290.00
	Tru Flo	5,750.00
2" Water Service Connection	Disc	3,750.00
	Tru Flo	6,250.00

3/4" Meter Setting Only		120.00
1" Meter Setting Only		260.00
1-½" Meter Setting Only	Disc	820.00
	Tru Flo	1,950.00
2" Meter Setting Only	Disc	975.00
	Tru Flo	1,775.00

Sanitary Sewer In-City

6" Sanitary Sewer Connection		$1,850.00
8" Sanitary Sewer Connection		2,100.00
6" or 8" Loc/Dwg Fee		38.00

Sanitary Sewer Out-Of-City

6" Sanitary Sewer Connection		$2,300.00
8" Sanitary Sewer Connection		2,625.00
6" or 8" Loc/Dwg Fee		50.00

A. All other tap sizes, including combinations of meter sizes and service line size, shall be computed by the public works office for that particular application. The cost shall be based on time, equipment and material involved with a thirty (30) percent markup on direct labor costs and fifteen (15) percent markup on equipment and materials.
B. Service Area Assessments. These assessments are currently based on the actual cost to the city of the utility construction spread out over the assessable frontage of properties served by the construction. Each July 1st the service area assessment rates are indexed in accordance with the recognized cost of living adjustment for the preceding year. (Ord. 1688 § 4, 1998; Ord. 1563 § 4, 1993: prior code § 132-39)

Section 13.08.180 Authority to reduce or increase water charges.
The council of the city may, by resolution adopted and spread upon the minutes of the council of the city, reduce or increase the charges for water sold by the city. (Prior code § 132-40)

Block No.		Quarterly Charge
1st	300,000 gallons	$3.69 per 1,000 gallons
2nd	300,000 gallons	2.15 per 1,000 gallons
All over	600,000 gallons	1.73 per 1,000 gallons

Section 13.12.010 National standards incorporated.
    The following standards are incorporated as part of the regulations and requirements of this chapter:
    A. Federal Categorical Pretreatment Standards. The national categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405--471:
    B. State Requirements. The state of Maryland pretreatment requirements found in COMAR, Title 26. (Ord. 1559 (part), 1993)

Section 13.12.020 Objective and purpose.
    A. The objectives of this chapter are:
    1. To prevent the introduction of pollutants into the municipal wastewater treatment works which will (a) interfere with the operation of the works, (b) may result in physical or biological damage to the works, or (c) cause unreasonable attention and/or expense;
    2. To prevent the introduction of pollutants into the municipal wastewater treatment works which will pass through the works, inadequately treated, into the receiving waters or the atmosphere or otherwise be incompatible with the system;
    3. To ensure that the quality of the wastewater treatment works sludges are maintained at a level which allows its use and disposal in compliance with applicable statutes and regulations;
    4. To improve the opportunity to recycle and reclaim wastewaters and sludges from the works;
    5. To provide for fees for the equitable distribution of the cost of operation, maintenance and improvement of the municipal wastewater treatment works;
    6. To require the use of collection and treatment facilities in a manner reasonably consistent with the purpose and capabilities for which they were designed;
    7. To protect the health and safety of the wastewater treatment works personnel who may be affected by wastewaters or sludges in the course of their employment and to protect the health and safety of the general public.
    B. This chapter sets forth uniform requirements for direct and indirect contributors to the wastewater collection and wastewater treatment works for the city of Salisbury and to enable the city to comply with its NPDES permit conditions, sludge use and disposal requirements and any other federal or state laws to which the city of Salisbury wastewater treatment works are subject.
    C. This chapter applies to all direct and indirect contributors, regardless of geographic location, to the city of Salisbury wastewater treatment works. The chapter authorizes the issuance of wastewater discharge permits; authorizes monitoring, compliance and enforcement activities; establishes administrative review procedures; requires industrial user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein. (Ord. 1559 § 1, 1993)

Section 13.12.030 Administration.
Except as otherwise provided herein, the mayor and city council or their designated agent shall administer, implement and enforce the provisions of this chapter. (Ord. 1559 § 2, 1993)

Section 13.12.040 Definitions.
Unless the context specifically indicates otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated:
Abbreviations. The following abbreviations shall have the designated meanings:

APWA	American Public Works Association;
BOD	Biochemical oxygen demand;
CFR	Code of Federal Regulations;
COD	Chemical oxygen demand;
EPA	United States Environmental Protection Agency;
gpd	Gallons per day;
IU	Industrial user;
l	Liter;
MDE	State of Maryland Department of the Environment;
mg	Milligrams;
mg/l	Milligrams per liter;
NPDES	National Pollutant Discharge Elimination System;
O and M	Operation and maintenance;
POTW	Publicly owned treatment works;
ppm	Parts per million;
RCRA	Resource Conservation and Recovery Act;
SIC	Standard industrial classification;
SIU	Significant industrial user;
SWDA	Solid Waste Disposal Act (42 U.S.C. 6901, et seq.);
TSS	Total suspended solids;
U.S.C.	United States Code;
WTW	City of Salisbury wastewater treatment works;
WWTP	City of Salisbury wastewater treatment plant.

    "Act" or "the Act" means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et. seq.
    "Approval authority" or "MDE" means the state of Maryland Secretary of the Department of the Environment and/or his designated agents and/or agencies.
    Authorized Representative of the Industrial User.
    1. If the industrial user is a corporation, "authorized representative" means:
    a. The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation,
    b. The manager of one or more manufacturing, production or operation facilities employing more than two hundred fifty (250) persons or having a gross annual sales or expenditures exceeding twenty-five million dollars ($25,000,000.00) (in second-quarter 1980 dollars), if authority to sign documents have been assigned or delegated to the manager in accordance with corporate procedures;
    2. If the industrial user is a partnership or sole proprietorship, an authorized representative means a general partner or proprietor, respectively;
    3. If the industrial user is a federal, state or local governmental facility, an authorized representative means a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or his/her designee.
    4. The individuals described in subsections (1), (2) and (3) of this definition may designate another authorized representative if the authorization is in writing and submitted to the city of Salisbury wastewater pretreatment program, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for the environmental matters for the company.
    "Biochemical oxygen demand (BOD)" means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at twenty (20) degrees centigrade expressed in terms of weight and concentration (milligrams per liter (mg/l)).
    "Building drain" means that part of the lowest horizonal piping of a drainage system which receives the discharge from soil waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning ten feet outside the inner face of the building wall.
    "Building sewer" means the extension from the building drain to the public sewer or other place of disposal.
    "Bypass" means the intentional diversion of wastestreams from any portion of the industrial user's treatment facility.
    "Categorical pretreatment standard" or "categorical standard" means any regulation containing pollutant discharge limits promulgated by the United States EPA in accordance with Sections 307 (b) and (c) of Act (33 U.S.C. 1317) which apply to a specific category or industrial users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405--471.
    "Cesspool" means a lined or partially lined pit into which raw wastewater is discharged and from which the liquid seeps into the surrounding soil.
    "City" means the mayor and city council for the city of Salisbury and their duly appointed officers and/or representatives.
    "Color" means the true color due to substances in solution expressed in color units on a platinum-cobalt scale.
    "Combined sewer" means a sewer receiving both surface runoff and sewage.
    "Composite sample" means a sample of wastewater consisting of a number of combined individual samples collected at uniform intervals based on an increment of either time or flow.
    "Cooling water" means the water discharged from any use, such as cooling or refrigeration, to which the only pollutant added is heat.
    "Engineer" means the director of public works of the city of Salisbury or his duly authorized representative.
    "Environmental Protection Agency," or "EPA" means the United States Environmental Protection Agency or, where appropriate, the term may also be used as a designation for the regional water management division director or duly authorized official of said agency.
    "Existing source" means any source of discharge, the construction or operation of which commenced prior to the publication of proposed categorical pretreatment standards which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act.
    "Floatable grease" means grease, fat, wax or oil in a physical state such that it will separate by gravity from wastewater by treatment in an approved facility.
    "Garbage" means any solid wastes from the domestic and commercial preparation, cooking and dispensing of food and from the handling, storage and sale of produce.
    "Grab sample" means a sample which is taken from a waste stream on a one-time basis without regard to the flow in the waste stream and without consideration of time.
    "Grease," "fats," "wax" or "oils" means those substances, whether emulsified or not, which may solidify or become viscous at temperatures between zero degrees centigrade and sixty-five (65) degrees centigrade.
    "Holding tank waste" means any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum-pump trucks.
    "Indirect discharge" or "discharge" means the introduction of (nondomestic) pollutants into the city of Salisbury wastewater treatment works from any nondomestic regulated under Section 307(b), (c) or (d) of the Act.
    "Industrial user (IU)" means a source of indirect discharge.
    "Industrial wastes" means the liquid wastes from industrial manufacturing processes, trade or business as distinct from sanitary sewage.
    "Industry" means any person, establishment, firm, company, association or group, whether public or private, engaged in a manufacturing or service enterprise.
    "Instantaneous maximum allowable discharge limit" means the maximum concentration (or loading) of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composite sample collected, independent of the industrial flow rate and the duration of the sampling event.
    "Interference" means a discharge which alone or in conjunction with a discharge or discharges from other sources: (1) inhibits or disrupts the city of Salisbury wastewater treatment works, its treatment processes or operations or its sludge processes, use or disposal; and (2) therefore is a cause of the city of Salisbury wastewater treatment work's NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder (or more stringent state or local regulations): Section 405 of the Clean Water Act; the Solid Waste Disposal Act (SWDA), including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research and Sanctuaries Act.
    "Medical waste" means isolation wastes, infectious agents, human blood and blood byproducts, pathological wastes, potentially contaminated laboratory wastes and dialysis wastes.
    "National Pollution Discharge Elimination System Permit" or "NPDES permit" means a permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342).
    "Natural outlet" means any outlet into a watercourse, pond, ditch or lake or other body of surface or groundwater.
    "New source" means:
    1. Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of the proposed pretreatment standards under Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section; provided that:
    a. The building, structure, facility or installation is constructed at a site at which no other source is located, or
    b. The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source, or
    c. The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered;
    2. Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of subsection (1)(b) or (c) of this definition but otherwise alters, replaces, or adds to existing process or production equipment;
    3. Construction of a new source as defined under this definition has commenced if the owner or operator has:
    a. Began, or caused to begin as part of a continuous on-site construction program:
    i. Any placement, assembly, or installation of facilities or equipment, or
    ii. Significant site production site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or
    b. Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this definition.
    "Noncontact cooling water" means water used for cooling which does not come into direct contact with any raw material intermediate product, waste product, or finished product.
    "Parts per million (ppm)" or "milligrams per liter (mg/l)" means the relative concentration of substance in sample of waste, by weight, in terms of the weight of such substance per unit volume of the waste.
    "Pass through" means the discharge of pollutants through the WTW and/or WWTP into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the city of Salisbury wastewater treatment plant's NPDES (including an increase in the magnitude or duration of a violation).
    "Person" means any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity or their legal representatives, agents or assigns. This definition includes all federal, state or local governmental entities. The masculine gender shall include the feminine, the singular shall include the plural and the plural shall include the singular where indicated by the context of its use.
    "pH" means the measure of acidity or alkalinity of a substance expressed in standards units.
    "Pollutant" means any dredged soil, solid waste, incinerator residue, sewage, garbage, sewer sludge, munitions, chemical wastes, industrial wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, municipal and agricultural waste, and the characteristics of the wastewater (i.e., pH, temperature, TSS, turbidity, color, BOD, chemical oxygen demand (COD), toxicity, odor).
    "Pretreatment" or "treatment" means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in the wastewater prior to or in lieu of discharging or otherwise introducing such pollutants into the city of Salisbury wastewater treatment plant. The reduction or alteration can be obtained by physical, chemical or biological processes, by process changes, or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.
    "Pretreatment requirements" means any substantive or procedural requirement relating to pretreatment other than a pretreatment standard imposed on an industrial user.
    "Pretreatment standards" or "standards" means prohibitive discharge standards, categorical pretreatment standards and local limits.
    "Prohibited discharge standards" or "prohibited discharges" means absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 13.12.070(B).
    "Privy" means a building either portable or fixed directly to a pit or vault, equipped with seating and used for excretion of bodily waste.
    "Public sewer" means a sewer which is owned or controlled by the city of Salisbury or its duly authorized representatives and in which all owners of abutting property have equal rights. It includes that portion of the building sewer within the street right-of-way or public easement up to but not including the "clean-out" (if any) adjacent to the curb, sidewalk or edge of paving.
    "Publicly owned treatment words (POTW)," "city of Salisbury wastewater treatment works," "wastewater treatment works," "treatment works" or "works (WTW)" means a treatment works as defined by Section 212 of the Act (33 U.S.C. 1292) which is owned in this instance by the city of Salisbury. This definition includes any devices or systems used in the collection, storage, treatment, recycling and reclamation of sewage or industrial wastes and any conveyances (sewers) which convey wastewater to the city of Salisbury wastewater treatment plant, but does not include pipes, sewers or other conveyances not connected to the city of Salisbury wastewater treatment plant. For the purposes of this chapter, this meaning shall also include any of the above mentioned facilities which convey wastewaters to the city of Salisbury wastewater treatment works from persons outside the city who are, by contract or agreement with the city, users of the city of Salisbury wastewater treatment works. These terms also include the city of Salisbury entity having jurisdiction over the industrial users and the responsibility for the maintenance of the treatment works.
    "Sanitary sewer" means a sewer which carries sewage and to which storm surface and groundwater are not intentionally admitted.
    "Screening" means the removal of solids from liquid wastes by screening through twenty (20) mesh screens or finer.
    "Septic tank" means a settling tank in which settled sludge is in immediate contact with the wastewater flowing through the tank and the organic solids are decomposed by anaerobic bacterial action.
    "Septic wastes" means any sewage from holding tanks such as vessels, chemical toilets, campers, trailers and septic tanks.
    "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.
    "Sewage" or "wastewater" means a combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface and stormwater as may be present.
    "Sewer" means a pipe or conduit for carrying sewage, wastewater, surface water and/or stormwaters.
    "Shall" is mandatory; "may" is permissive.
    "Significant industrial user" or "SIU" means any user of the city's wastewater treatment works who: (1) is subject to categorical pretreatment standards; (2) discharges having an average of twenty-five thousand (25,000) gallons per day or more of process wastewater (excluding sanitary, noncontact cooling and boiler blowdown wastewater); (3) discharges a flow equal to or greater than five percent of the hydraulic or organic capacity of the city of Salisbury wastewater treatment plant (WWTP); (4) is designated as such by the WTW on the basis that the IU has a reasonable potential for adversely affecting the WTW's operation or for violating any pretreatment standard or requirement; or (5) is found by the WTW, MDE or the EPA to have significant impact either alone or in combination with other contributing industries to the WTW, the quality of the sludge, the WWTP effluent quality, or air emissions generated by the system.
    "Sludge" means solid, semi-solid or liquid residue removed during the treatment of industrial flows and/or wastestreams, sewage or potable water.
    ""Slug" or "slug load" means any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in Section 13.12.070(B), cause interference of the treatment works, pass-through the WWTP, endanger sewer worker safety, contaminate the sludge, cause a violation of any permit issued to the WWTP or any discharge of a nonroutine, episodic nature, including but not limited to, an accidental spill or a noncustomary batch discharge.
    "Standard industrial code (SIC)" means a classification, pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget.
    "State" means the state of Maryland (See "Approval authority").
    "Storm drain" or "storm sewer" means a sewer which carries storm and surface and drainage, but excludes sewage and industrial wastes, other than noncontact cooling waters.
    "Stormwater" means any flow occurring during or following any form of natural precipitation and resulting therefrom, including snowmelt.
    "Superintendent" means the superintendent of the city of Salisbury wastewater treatment plant or his authorized deputy, agent or representative.
    "Suspended solids" or "total suspended solids" or "TSS" means the total suspended matter that either float on the surface of or are in suspension in water, sewage or other liquids and which are water and wastewater.
    "Toxic pollutant" means one of one hundred twenty-six (126) pollutants, or combination of those pollutants, listed as toxic in regulations promulgated by the EPA under the provisions of Section 307 (33 U.S.C. 1317) of the Act, as amended by EPA and/or MDE.
    "Treatment plant effluent" means any discharge of pollutants from the WTW into the waters of the state.
    "User" means any person who contributes, causes or permits the contribution of wastewater into the WTW.
    "Watercourse" means a channel in which a flow of water occurs, either continuously or intermittently.
    "Waters of the state" means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through or border upon the state of Maryland or any portion thereof.
    "Wastewater" means the liquid and water carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities and institutions, whether treated or untreated, which is contributed to or permitted to enter the city of Salisbury wastewater treatment works.
    "Wastewater discharge permit" means as set forth in Section 13.12.090.
    "City of Salisbury wastewater treatment plant," "wastewater treatment plant" or "treatment plant (WWTP)" means that arrangement of devices and structures, of the city of Salisbury wastewater treatment works, used to provide treatment for sewage, wastewater and industrial waste. (Ord. 1559 § 3, 1993)

Section 13.12.050 Use of public sewers required.
    A. Connections to the public sewers shall be made only as approved by the engineer.
    B. It is unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the city of Salisbury any human or animal excrement, garbage or other objectionable waste.
    C. It is unlawful for any person or industry to discharge to any natural or man-made outlet within the city of Salisbury any sewage or other pollutants except where suitable treatment has been provided in accordance with the subsequent provisions of this chapter.
    D. Except as provided in the city plumbing code, it is unlawful to erect or maintain any privy, septic tank, cesspool or other facility intended or used for disposal of sewage.
    E. The owner of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes situated within the city and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the city, is required at his expense to install suitable toilet facilities therein and to connect such facilities directly with the proper public sewer in accordance with the provisions of the requirements of the city plumbing code.
    F. No person shall make connection of roof downspouts, foundation drains, areaway drains or other sources of runoff or groundwater to a building drain which, in turn, is connected directly or indirectly to a sanitary sewer. Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers (or storm drains) or to a natural outlet approved by the engineer. Industrial cooling water or unpolluted process waters may be discharged on approval by the responsible regulatory agency to a storm sewer or natural outlet. (Ord. 1559 § 4, 1993)

Section 13.12.060 Building sewers and connections.
    A. No person other than authorized city employees shall uncover, make any connections with or opening into, alter or disturb any public sewer or appurtenance thereof unless otherwise approved by the engineer.
    B. Permits for connections to the public sewers shall be obtained from the department of public works and shall be made on forms provided by the department of public works. In all applications involving industrial waste, as defined in this chapter, additional information, plans specifications or other pertinent information will be required for review and approval by the director of public works.
    C. All costs and expense incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the city from any loss or damage that may be directly or indirectly occasioned by the installation of the building sewer.
    D. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by proper city authority, to meet all requirements of the plumbing code.
    E. The size, slope, alignment, materials of construction of a building sewer and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city.
    F. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building is too low to permit gravity to flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer at the owner's entire cost.
    G. The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or applicable rules and regulations of the city. (Ord. 1559 § 5, 1993)

Section 13.12.070 Regulations.
    A. Clean Water Prohibition. Stormwater, surface water, groundwater, uncontaminated cooling water, artesian well water, roof runoff, subsurface drainage, condensate, deionized water, or unpolluted process water shall not be permitted to be discharged into the sanitary sewers. In residential construction, floor drains may not be connected to the building sewer.
    B. Prohibited Discharge Standards. No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will damage and/or interfere with the operation or performance of the city of Salisbury wastewater treatment works (WTW) or pass through the city of Salisbury wastewater treatment plant (WWTP) and pollute the waters of the state. These general prohibitions apply to all such users of the WTW whether or not the user is subject to categorical pretreatment standards or any other federal, state or local pretreatment standards or requirements. A user shall not contribute the following substances to the wastewater treatment works:
    1. Any pollutant, liquid, solid or gas, which alone or in combination with any other pollutants may create a fire or explosion hazard in the wastewater treatment works, or at the wastewater treatment plant or damage, in any way, the operations of the wastewater treatment works or the wastewater treatment plant. Included are materials and/or wastestreams with a closed cup flash point of one hundred forty (140) degrees Fahrenheit (sixty (60) degrees Centigrade) using test methods specified in 40 CFR 261.21. At no time shall two successive readings on an explosion hazard meter exceed five percent nor any single reading exceed ten percent of the lower explosion limit (LEL) of the meter. Included are materials such as gasoline, kerosene, naphtha, and any other substances which the city, state (MDE), or EPA has informed the user is a fire hazard or hazardous to the system;
    2. Any liquid or vapor having a temperature in excess of one hundred fifty (150) degrees Fahrenheit (sixty-five (65) degrees Centigrade) or any heat that will inhibit the biological treatment activity of the wastewater treatment plant. Heat in such quantities that could cause the temperature of the influent wastewater into the wastewater treatment plant to exceed one hundred four (104) degrees Fahrenheit (forty (40) degrees Centigrade), unless the state (MDE), upon request of the city approves alternate temperature limits;
    3. Solid or viscous pollutants in amounts which will cause obstruction of the flow or cause other interferences at the city of Salisbury wastewater treatment plant and related facilities but in no case solids greater than one-half inch in any dimension. Included, but not limited to, are materials such as floating grease, garbage, animal guts and/or tissues, whole blood, entrails, bones, hair, hides, fleshings, ashes, cinders, sand, mud straw, spent lime, stone or marble dust, metal, grass clippings, shavings, glass, glass grinding or polishing waste, rags, feathers, tar, gas, asphalt residues, residues from refining or processing of fuel and/or lubricating oils, plastics, wood, spent grains, spent hops, waste paper, paunch or manure;
    4. Any discharge having a pH value of less than 5.5 or more than 10.5, or otherwise causing corrosive structural damage to the WTW or endangering city personnel;
    5. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through at the WWTP;
    6. Toxic pollutants, or pollutants which singly or by interaction with other pollutants, result in the presence of toxic gases, vapors, or fumes within the city of Salisbury wastewater treatment works and/or cause interference to any wastewater treatment process, constitute an acute hazard to worker health or safety, or pass through the wastewater treatment plant and pollute the waters of the state;
    7. Any wastewater and/or noxious or malodorous liquids, gases or solids which either singly or by interaction with other waste, are sufficient to create a public nuisance, a hazard to life, or prevent entry into the sewers for maintenance and repair;
    8. Any substances which may cause the WWTP's effluent or any product of the WWTP such residues, sludges or scums to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the WWTP cause the WWTP to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act, the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act or state criteria applicable to the sludge management method being utilized;
    9. Any substance which will cause the WWTP to violate its NPDES permit and/or state disposal system permit or the receiving water quality standards, including whole effluent quality standards;
    10. Any wastewater containing pollutants, including oxygen demanding pollutants (BOD, etc.), released in a discharge as a slug load, at a release (flow) rate and/or concentration which, either singly or by interaction with other pollutants, will cause interference with either the WWTP, or any wastewater treatment or sludge process, or which will constitute a hazard to humans or animals, or create a public nuisance. In no case shall the maximum daily average concentration limit of three hundred fifty (350) mg/l for five-day biochemical oxygen demand be exceeded;
    11. Any medical wastes in amounts that could cause interference, pass through, or worker health and safety concerns within the wastewater treatment works;
    12. Any wastewater containing any radioactive wastes or isotopes;
    13. Any sludges, screenings, or other residues from the pretreatment of industrial waste;
    14. Any trucked or hauled waste or pollutants, except at discharge points designated by the city;
    15. Any water or wastes discharge containing fats, oils, or greases of animal or vegetable origin is limited to a concentration of one hundred fifty (150) mg/l;
    16. Any wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to dye waste and vegetable tanning solutions.
    Wastes prohibited by this section shall be not processed or stored in such a manner that they could be discharged to the WWTP.
    C. Pretreatment Standards and Requirements. All industrial users shall comply with the federal general pretreatment regulations found in 40 CFR Part 403 and the applicable national categorical pretreatment regulations set out in 40 CFR Subchapter N Parts 401 through 471 upon promulgation and all applicable federal, state or local requirements or standards.
    D. Application of Pretreatment Standards and Requirements. Limitations imposed on users at the point of application shall be the most stringent limitations applicable. These may be federal, state or local requirements or standards.
    E. Specific Pollutant Limitations. The following pollutant limits are established to protect against pass through and interference. No person shall cause to be discharged wastewater containing in excess of the following:

Pollutant	Concentration	Limitation

Five-day biochemical oxygen demand	350 mg/l	Maximum daily average
Total suspended solids	350 mg/l	Maximum daily average
Fats, oils and grease	150 mg/l	Instantaneous maximum
Total phosphorus	11 mg/l	Maximum daily average
Total mercury	0.001 mg/l	Maximum daily average
Total arsenic	0.24 mg/l	Maximum daily average
Total cadmium	0.69 mg/l	Maximum daily average
Total chromium	2.77 mg/l	Maximum daily average
Total copper	3.38 mg/l	Maximum daily average
Total cyanide	1.20 mg/l	Maximum daily average
Total lead	0.69 mg/l	Maximum daily average
Total nickel	3.98 mg/l	Maximum daily average
Total silver	0.43 mg/l	Maximum daily average
Total zinc	2.61 mg/l	Maximum daily average

    Limitations for other pollutants will be set in each industrial user's individual wastewater discharge permit as established by a technically based local limits study and approved by the engineer and Maryland Department of the Environment.
    F. City's Right of Revision. The city reserves the right to establish, by ordinance or in wastewater discharge permits, more stringent standards or requirements on discharges to the WTW if deemed necessary to comply with the objectives in Section 13.12.020 or the general and specific prohibitions in Section 13.12.070(A) and (B).
    G. Dilution/Excessive Discharge. No industrial user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation. The engineer may impose mass limitations on industrial users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate. (Ord. 1559 § 6, 1993)

Section 13.12.080 Pretreatment of wastewater.
    A. Pretreatment facilities. Industrial users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all federal categorical pretreatment standards, local limits and the prohibitions set out in section 13.12.070(B) within the time limitations specified by the EPA, state or the city, whichever is more stringent. Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided, operated and maintained at the industrial user's expense. Detailed plans showing pretreatment facilities and operating procedures shall be submitted to the city for review, and shall be acceptable to the city before construction of the facility. The review of such plans and operating procedures will in no way relieve the industrial user from the responsibility of modifying the facility as necessary to produce a discharge acceptable to the city under the provisions of this chapter. Any subsequent changes in the pretreatment facility or method of operation shall be reported to and be acceptable to the city prior to the user's initiation of the changes.
    B. Additional Pretreatment Measures.
    1. Whenever deemed necessary, the engineer may require industrial users to restrict their discharge, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage wastestreams from industrial wastestreams, and such other conditions as may be necessary to protect the WTW and determine the industrial user's compliance with the requirements of this chapter.
    2. An industrial user may be required, at the direction of the engineer, to maintain, on his property and at his expense, a suitable storage and/or flow control facility to insure equalization of flow over a twenty-four-hour period.
    3. Grease, oil and sand interceptors shall be provided when, in the opinion of the engineer, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or sand; except that such interceptors shall not be required for residential users. All interception units shall be of type and capacity approved by the engineer and shall be so located to be easily acceptable for cleaning and inspection. Such interceptors shall be inspected, cleaned and repaired regularly by the owner at his expense.
    C. Monitoring Facilities. The city may require to be provided and operated at the user's expense monitoring facilities to allow inspection, flow and/or pH measurement and sampling of the discharge from the building sewer and/or internal drainage systems. Detailed plans shall be submitted to and approved by the engineer prior to construction of the required monitoring facility. The monitoring facility shall provide ample room to allow accurate sampling of the discharge and at all times shall be maintained in a safe and proper operating condition. The monitoring facility shall comply with all applicable city requirements and all applicable state and local construction standards and specifications.
    D. Accidental Discharge/Slug Control Plans. To provide protection from accidental/slug discharge of prohibited materials or other substances regulated by this chapter, the superintendent may require any industrial user to develop and implement an accidental discharge/slug control plan. At least once every two years, the superintendent shall evaluate whether each significant industrial user needs such a plan. Any industrial user required to develop and implement an accidental discharge/slug control plan shall submit a plan which addresses, at a minimum, the following:
    1. Procedures and/or facilities to prevent accidental/slug discharge. Included shall be, but not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run-off, worker training building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment for emergency response. Detailed plans showing the facilities and operating procedures for these facilities which shall be submitted to the city for review and approved by the engineer;
    2. Description of industrial user discharge practices, including nonroutine batch discharges;
    3. Description and listing of stored chemicals;
    4. Procedures for immediately notifying the WWTP of any accidental or slug discharge. Such notification shall include location of discharge, type of waste, concentration and volume of discharge, and corrective measures being taken. Such notification procedures must be posted in a prominent place within the industrial user's facility to advise employees of the proper actions in the event of an accidental/slug discharge. The industrial user shall ensure that all employees who may cause or suffer an accidental/slug discharge to occur are advised of the notification procedures. The above notification procedures shall also apply for any discharge which violates any of the prohibited discharges in Section 13.12.070(B);
    5. Written notification of an accidental/slug discharge shall be within five days following the event. Written notification shall be submitted to the city of Salisbury department of public works wastewater pretreatment program. Included in the written notification shall be a description of the accidental/slug discharge, corrective and cleanup measures and measures initiated to prevent similar future occurrences.
    Notification by the industrial user to the city shall not relieve the industrial user of any expense, loss, damage or other liability which may be incurred as a result of damage to the WTW or WWTP, fish kills or any other damage to person or property, nor shall such notification relieve the user of any fines, civil penalties or other liability which may be imposed by this chapter or other applicable federal, state or local regulations and/or laws.
    E. Tenant Responsibility. Where an owner of property leases premises to any other person as a tenant under any rental or lease agreement, if either owner or the tenant is an industrial user, either or both may be held responsible for compliance with the provisions of this chapter.
    F. No person shall maliciously, willfully or negligently break, damage, destroy, uncover, tamper with or prevent access to any structure, appurtenance or equipment, or other part of the WTW or WWTP. Any person found in violation of this requirement shall be subject to the sanctions set out in Section 13.12.200. (Ord. 1559 § 7, 1993)

Section 13.12.090 Fees.
The city council shall be enabled to establish a schedule of charges and fees which shall provide for the recovery, in part or in whole of costs of program implementation and operation from the users of the city sewage collection and treatment systems affected by this chapter. (Ord. 1559 § 8, 1993)

Section 13.12.100 Wastewater discharge permit eligibility and application.
    A. Wastewater Survey. When requested by the superintendent, all industrial users must submit information on the nature and characteristics of their wastewater by completing a wastewater survey. The superintendent is authorized to prepare a form for this purpose and may periodically require industrial users to update the survey. Failure to complete this survey shall be reasonable grounds for terminating service to the industrial user and shall be considered a violation of this chapter.
    B. Wastewater Discharge Permit Requirement.
    1. It is unlawful to discharge wastewater to any city sanitary sewer without first completing an application with the city department of public works for service and paying applicable tapping fees, charges and assessments. It is also unlawful for any industrial user to discharge to any city sewer without first completing an application for and obtaining a wastewater discharge permit with the city department of public works wastewater pretreatment program. Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this chapter and subjects the wastewater discharge permittee to the sanctions set out in Section 13.12.200. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state and local law.
    2. Industrial users specifically required to apply for a wastewater discharge permit shall be:
    a. Any user who is subject to national categorical pretreatment standards;
    b. Any significant industrial user as defined by Section 13.12.040;
    c. Any user whose discharge would be a violation of Section 13.12.070(B);
    d. Any user required by state pretreatment standards;
    e. All other users except residential users.
    3. The superintendent may require other industrial users, including wastehaulers, to obtain wastewater discharge permits as necessary to carry out the purposes of this chapter.
    C. Wastewater Permitting of Existing Conditions. Any user which discharges into the WWTP prior to the effective date of the ordinance codified in this chapter and who wishes to continue such discharges in the future, shall within thirty (30) days after the effective date of the ordinance codified in this chapter apply to the engineer for a wastewater discharge permit in accordance with Section 13.12.100(F), and shall not cause or allow discharges to the WWTP to continue after ninety (90) days of the effective date of this chapter except in accordance with a wastewater discharge permit issued by the engineer.
    D. Wastewater Discharge Permitting New Connections. Any industrial user proposing to being or recommence discharging industrial wastes into the WWTP must obtain a wastewater discharge permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit must be filed at least ninety (90) days prior to the date upon which any discharge will begin.
    E. Wastewater Discharge Permitting Extrajurisdictional Users.
    1. Any existing industrial user located beyond the city limits, that is discharging to the WWTP, shall submit a wastewater discharge permit application in accordance with Section 13.12.100(F) within thirty (30) days of the effective date of this chapter. New industrial users located beyond the city limits, that will discharge to the WWTP, shall submit such applications to the engineer ninety (90) days prior to discharge to the WWTP.
    2. Alternately, the engineer may enter into an agreement with a neighboring jurisdiction in which an industrial user is located to provide for the implementation and enforcement of pretreatment program requirements against said user.
    F. Wastewater Discharge Permit Application Contents and Fees. In order to be considered for a wastewater discharge permit, all industrial users required to have a wastewater discharge permit must submit, to the city, an application fee along with the following information:
    1. Name of industrial user, authorized representative, mailing address, location address (if different from mailing address), property owner name and address (if different from industrial user);
    2. Standard industrial classification (SIC) number;
    3. The nature and concentration (and/or mass, where required by standard or by the city) of pollutants in the user's discharge regulated by the city, state or federal pretreatment standards including but not limited to those mentioned in Section 13.12.070(E). This shall include the submittal of sampling and analysis results of the discharge for existing sources or for new sources a reasonable estimation based on historical data for users of like type. All sampling and analysis shall be completed in accordance with the procedures set forth in Section 13.12.120(H). A statement regarding the compliance status of the user's discharge shall also be submitted with the application;
    4. Time and duration of discharge;
    5. Average daily and thirty-day peak wastewater flow rates, including daily, monthly and seasonable variations if any;
    6. Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, appurtenances by the size, location and elevation and all points of discharge;
    7. Description of activities, facilities and plant processes on the premises including a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be discharged to the WWTP;
    8. Number and type of employees, hours of operation, and proposed or actual hours of the wastewater pretreatment plant (if needed);
    9. Each product by type, amount, process or processes and rate of production;
    10. Type and amount of raw materials processed (average and maximum per day);
    11. If pretreatment facilities, new or additional and/or operation and maintenance are needed to obtain compliance with the required pretreatment standards a compliance schedule, as set forth in Section 13.12.150, shall be submitted with the application;
    12. Any other information as may be deemed by the city to be necessary to evaluate the permit application.Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.
    G. Application Signatories and Certification. All wastewater discharge permit applications and industrial user reports must contain the following certification statement and be signed by an authorized representative of the industrial user.
    I certify under penalty of law that this document and all attachments were prepared under my direction
    or supervision in accordance with a system designed to assure that qualified personnel properly gather
    and evaluate the information submitted. Based on my inquiry of the person or persons who manage the
    system, or those persons directly responsible for gathering the information, the information submitted
    is to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant
    penalties for submitting false information, including the possibility of fine and imprisonment for knowing
    violations.
    H. Wastewater Discharge Permit Decisions. The city will evaluate the data furnished by the user and may require additional information. After the evaluation and acceptance of the data furnished, the city may issue a wastewater discharge permit subject to the terms and conditions herein. (Ord. 1559 § 9, 1993)

Section 13.12.110 Wastewater discharge permit.
    A. Wastewater Discharge Permit Duration. Permits shall be issued for a specific time period, not to exceed five years. A permit may be issued for a period less than five years or may be stated to expire on a specific date. The terms and conditions of the permit may be subject to modification by the city during the term of the permit as limitations or requirements as identified in this chapter are modified or other just cause exists.
    B. Wastewater Discharge Permit Contents and Conditions.
    1. Wastewater discharge permits shall be expressly subject to all provisions of this chapter and all other applicable regulations, user charges and fees established by the city.
    2. Permits at a minimum shall contain the following:
    a. Effective and expiration dates;
    b. Statement of nontransferability as specified in Section 13.12.110(C);
    c. Effluent limitations based on applicable general pretreatment standards, categorical pretreatment standards, local limits and/or state and local law;
    d. Self-monitoring, sampling, reporting, notification and recordkeeping requirements, including an identification of the pollutants to be monitored, sampling location, sampling frequency, and sample type, based on the applicable general pretreatment standards, categorical pretreatment standards, local limits and/or state and local law;
    e. Statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the compliance date beyond applicable federal deadlines.
    3. Permits may contain the following:
    a. Limits on average and maximum rate and time of discharge and/or requirements for flow regulation and equalization;
    b. Requirements for installation and maintenance of inspection and/or sampling facilities;
    c. Other conditions as deemed appropriate by the city to ensure compliance with this chapter.
    C. Permit Transfer. A wastewater discharge permit is issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred to a new owner, new user, different premises or a new or changed operation without the prior written approval of the city.
    D. Permit Appeal. Any person, including the industrial user, may petition the city to reconsider the terms of a wastewater discharge permit within thirty (30) days of its issuance.
    1. Failure to submit a timely petition shall be deemed to be a waiver of the administrative appeal.
    2. In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the wastewater discharge permit.
    3. The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.
    4. If the city fails to act within thirty (30) days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater permit, or not to modify a wastewater discharge permit, shall be considered final administrative action for the purposes of judicial review.
    5. Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a complaint with the Wicomico County District Court within thirty (30) days of the final administrative decision.
    E. Permit Modification. The city may modify the wastewater discharge permit for good caused including but not limited to, the following:
    1. To incorporate any new or revised federal, state, or local pretreatment standards or requirements, including newly promulgated national categorical standards;
    2. To address significant alterations or additions to the industrial user's operation, process, or wastewater discharge volume character since the time of the wastewater discharge permit issuance;
    3. A change in the wastewater treatment plant that requires either temporary or permanent reduction or elimination of the authorized discharge;
    4. Information indicating the permitted discharge poses a threat to the WWTP, city personnel, or the receiving waters;
    5. Violation of any terms or conditions of the wastewater discharge permit;
    6. Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;
    7. To reflect a transfer of the facility ownership and/or operation to a new owner/operator.
    F. Reapplication Requirement. A user shall apply, to the city, for permit reissuance a minimum of one hundred eighty (180) days prior to the expiration of the user's existing permit. The reapplication must be completed in accordance with requirements set forth in Section 13.12.100(F) and (G). (Ord. 1559 § 10, 1993)

Section 13.12.120 Reporting and notification requirements.
    Upon request of the city, any discharger or potential discharger or potential discharger of industrial wastes into the WWTP may be required to submit plans, reports, questionnaires, notices or analytical data to evaluate waste discharge characteristics and ensure compliance with this chapter. These may include baseline monitoring reports, compliance schedule progress reports, violation reports and notice of slug loadings, upset, bypass, or any other reporting requirement specified in 40 CFR 403.12.
    A. Baseline Monitoring Reports. Within one hundred eighty (180) days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing significant industrial users subject to such categorical pretreatment standards, and currently discharging to or scheduled to be discharging to the WWTP, shall be required to submit to the city a report which contains the information listed below. At least ninety (90) days prior to commencement of discharge, new sources and users that become significant industrial users subsequent to the promulgation of an applicable categorical standard, shall be required to submit to the city a report which contains the information listed below. A new source shall also be required to report the method of pretreatment it intends to use to meet applicable pretreatment standards.
    1. Identifying Information. Name of industrial user, authorized representative, mailing address, location address (if different from mailing address) and the name of the operator and owners;
    2. A list of any environmental control permits held by the facility;
    3. Description of nature of the activities, facilities and plant processes on the premises, including the average rate of production. Standard industrial classification (SIC) number of all operations carried out by the industrial user. Schematic process diagram which indicates points of discharge to the wastewater treatment works from the regulated process;
    4. Measured average daily, maximum daily and thirty-day peak wastewater flow rates including seasonal variations discharged to the wastewater treatment works, in gallons per day, for all regulated process streams and other streams as necessary to allow use of the combined wastestream formula of 40 CFR 403.6(e). Verifiable estimates of these flows may be allowed by the engineer where justified by cost or feasibility considerations;
    5. Measurement of Pollutants.
    a. Identify the pretreatment standards applicable to each regulated process,
    b. Submit the results of sampling and analysis identifying the nature and concentration (and/or mass, where required by the standard or by the city) of regulated pollutants in the user's discharge from each process regulated by the city, state or federal pretreatment standards including but not limited to those mentioned in Section 13.12.070(E). Both daily maximum and average concentration (or mass where required) shall be reported. The sample shall be representative of daily operations,
    c. A minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organics. For all other pollutants, twenty-four-hour flow proportioned composite samples must be obtained where feasible. The city may waive flow proportional composite sampling for any industrial user that demonstrates that such is infeasible. In such cases, samples may be time proportional composites with the minimum being a composite of four grabs where the user demonstrates that this will provide a representative sample of the discharge to the wastewater treatment works,
    d. The user shall take a minimum of one representative sample to compile the data necessary to comply with the requirements of this subsection,
    e. Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment the user should measure the flows and concentrations necessary to allow for the use of the combined wastestream formula of 40 CFR 403.6(e),
    f. Sampling and analysis shall be performed in accordance with 40 CFR Part 136. Where 40 CFR Part 136 does not contain sampling and/or analytical methods for the pollutant in question or analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed using validated methods approved by the EPA and MDE,
    g. MDE and the city may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures,
    h. The baseline report shall indicate the time, date, and place, of sampling, and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the WWTP;
    6. Certification. A statement reviewed by the industrial user's authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O and M) and/or additional pretreatment is required to meet the pretreatment standards and requirements;
    7. Compliance Schedule. If additional pretreatment and/or O and M will be required to meet the pretreatment standards, the shortest schedule by which the industrial user will provide such additional pretreatment and/or O and M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in Section 13.12.150 and 40 CFR 403.12(b)(7);
    8. All baseline monitoring reports must be signed and certified in accordance with Section 13.12.100(G).
    B. Compliance Date Report. Within ninety (90) days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of introduction of wastewater into the WWTP, any significant industrial user subject to pretreatment standards and requirements shall submit to the city a report containing the information described in subsections (A)(4) through (6) of this section. For industrial users subject to equivalent mass or concentration limits established by the city and/or MDE in accordance with the procedures of 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long time production rate. For all other industrial users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period.
    C. Periodic Compliance Reports. Significant industrial users shall submit, at a minimum, semiannual reports (on dates specified in their wastewater discharge permits) indicating flows, the nature and concentrations of pollutants in the discharge, waste disposal report and compliance status. Where the city or MDE has imposed mass limitations the periodic compliance report shall indicate the mass of pollutants regulated by pretreatment standards as required by 40 CFR 403.12(e)(3). Industrial users using equivalent or concentration limits in lieu of production based limits are required to report long-term production rates in periodic compliance reports as required by 40 CFR 403.12(e)(3). Additional reporting requirements may be included in the wastewater discharge permit of the user. The specific standards or the city itself may require these reports to be filed more frequently. In addition, the city may require other users to submit periodic compliance reports.
    D. Changed Discharge Notification. All industrial users shall notify the city thirty (30) days prior to any substantial change in volume or character of pollutants in their discharge, including the listed or characteristic hazardous waste for which the user has submitted initial notification under 40 CFR 403.12(p).
    E. Accidental, Slug Load or Problem Discharge Notification. All users shall immediately notify the city and the WWTP of all discharges that could cause problems to the WWTP, including slug loadings that would violate the specific prohibition of 40 CFR Part 403.5(b). All notifications must be in accordance with the requirements in Section 13.12.080(D)(4) and (5).
    F. Violation Notification--Automatic Resampling and Reporting. If sampling performed by a user indicated a violation, the user shall notify the city within twenty-four (24) hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the city within thirty (30) days after becoming aware of the violation, except the user is not required to resample if:
    1. The city performs sampling at the industrial user at a frequency of at least once per month; or
    2. The city performs sampling at the user between the time when the user performs its initial sampling and the time when the user receives the results of this sampling.
    G. Compliance Schedule Progress Report. Each user under a compliance schedule shall submit to the city a report no later than fourteen (14) days after each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay and, if appropriate, the steps being taken by the industrial user to return to the established schedule. In no event shall more than nine months elapse between such progress reports.
    H. Sampling and Analysis. All analysis, including sampling techniques, submitted in support of any application, report, evidence or required by any permit or order shall be performed in accordance with 40 CFR Part 136 and amendments thereto. Where 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question or where the administrator (as defined in 40 CFR Part 136) determines that Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the city or other persons, approved by the administrator.
    I. Records. Users shall retain and make available upon request, for inspection and/or copying, of an authorized representative of the city, the state or EPA all records required to be collected by the user pursuant to this chapter. These records shall remain available for a period of at least three years after their collection. This period shall be extended during any litigation concerning compliance with this chapter or wastewater discharge permit conditions.
    J. Hazardous Waste Notification.
    1. The user shall notify the city, the EPA Regional Waste Management Division Director and the state hazardous waste authorities in writing of any discharge to the WWTP of a substance, which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the user discharges more than one hundred (100) kilograms of such waste per calendar year to the WWTP, the notification shall also contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the waste, an estimation of the mass and concentration of such constituents in the wastestream discharged during the calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following twelve (12) months. All notifications must take place within one hundred eighty (180) days of the effective date of 40 CFR Part 261. Industrial users who commence discharging after the effective date of 40 CFR Part 261 shall provide the notification no later than one hundred eighty (180) days after discharge of the listed or characteristic hazardous waste. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notifications of changed discharges must be submitted under 40 CFR 403.12(j) and Section 13.12.120(D). The notification requirement in this section does not apply to pollutants already under self-monitoring requirements of 40 CFR 403.12(b), (d), and (e) and Section 13.12.110.
    2. Users are exempt from the requirements of subsection (J)(1) of this section during a calendar month in which they discharge no more than fifteen (15) kilograms of hazardous waste, unless the wastes are acute wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than fifteen (15) kilograms of nonacute hazardous waste in a calendar month, or of any quantity of acute hazardous waste as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.
    3. In any case of new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as hazardous waste, the user must notify the city, EPA Regional Waste Management Division Director and the state hazardous waste authorities in writing of the discharge of such substance within ninety (90) days of the effective date of such regulations.
    4. In the case of any notification made under the above subsections of this section, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous waste generated to the degree it has determined to be economically practical.
    5. All reports shall include the following certification statement, signed by an authorized representative of the industrial user:
    I certify under penalty of law that this document and all attachments were prepared under my direction
    or supervision in accordance with a system designed to assure that qualified personnel properly gather
    and evaluate the information submitted. Based on my inquiry of the person or persons who manage the
    system, or those persons directly responsible for gathering the information, the information submitted
    is to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant
    penalties for submitting false information, including the possibility of fine and imprisonment for knowing
    violations.
(Ord. 1559 § 11, 1993)

Section 13.12.130 Upset provision and notification.
    A. An "upset" means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond reasonable control of the industrial user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation.
    B. An upset can be used as an affirmative defense to an action brought for noncompliance with categorical pretreatment standards provided the industrial user meets certain conditions. An industrial user who wishes to establish the affirmative defense of upset must demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:
    1. An upset occurred and the industrial user can identify the cause or causes;
    2. The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures;
    3. The industrial user has submitted the following information to the city within twenty-four (24) hours of becoming aware of the upset (if this information is provided orally, a written submission must follow within five days): a description of the indirect discharge and the cause of noncompliance; the period of noncompliance, including exact dates and times, or if not corrected, the anticipated time the noncompliance is expected to continue; steps being taken or planned to reduce, eliminate and prevent recurrence of the noncompliance;
    4. In any enforcement proceeding the industrial user seeking to establish the occurrence of an upset shall have the burden of proof;
    5. Industrial users will have the opportunity for judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards;
    6. The industrial user shall control production or all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost or fails. (Ord. 1559 § 12, 1993)

Section 13.12.140 Bypass requirements.
    An industrial user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure the efficient operation. These bypasses are not subject to the provisions of subsections (A) and (B) of this section.
    A. Notice.
    1. If an industrial user knows in advance of the need to bypass, it shall submit prior notice to the city, if possible, at least ten days before the date of the bypass.
    2. An industrial user shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment standards or requirements to the city within twenty-four (24) hours from the time the industrial user becomes aware of the bypass. A written submission shall also be provided within five days of the time the industrial user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate and prevent reoccurrence of the bypass. The city may waive the written report on a case-by-case basis if the oral report has been received within twenty-four (24) hours.
    B. Prohibition of Bypass.
    1. Bypass is prohibited, and the city may take enforcement action against the industrial user for a bypass unless:
    a. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
    b. There were not feasible alternatives to the bypass such as the use of auxiliary treatment facilities, retention of untreated waste, or maintenance during equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent bypass which occurred during normal periods of equipment downtime or preventive maintenance; and
    c. The industrial user submitted notices as required under subsection (A) of this section.
    2. The city may approve an anticipated bypass, after considering its adverse effects, if the city determines that it will meet the three conditions listed in subsection (B)(1) of this section. (Ord. 1559 § 13, 1993)

Section 13.12.150 Compliance schedule.
If additional pretreatment or operation and maintenance will be required for an industrial user to comply with the provisions of this chapter or a state or federal pretreatment standard or requirement, the city may require the industrial user to submit for approval a schedule specifying the shortest time frame for the industry to achieve compliance. This schedule will contain increments of progress in the form of dates for the commencement and completion of major events, such as feasibility studies, pretreatment plant design, start and end of construction, start and end of major phases of the construction and final compliance date, of additional pretreatment to bring the industrial user into compliance. (Ord. 1559 § 14, 1993)

Section 13.12.160 Special agreements.
No provision contained in this chapter shall be deemed to prevent any special agreement or arrangement between the city and any person whereby wastewater of unusual strength or characteristic may be accepted by the city for the treatment which will not violate or cause the city and/or the user to violate federal or state pretreatment standards or requirements or to violate discharge standards and will not be harmful to the system. Under no circumstances shall federal or state pretreatment standards and requirements be waived. (Ord. 1559 § 15, 1993)

Section 13.12.170 Compliance inspection and monitoring.
The city, state and/or federal officials may at any reasonable time, upon the presentation of proper credentials and identification, be allowed onto the premises of a user for the purposes of inspection, monitoring, reviewing the records and copying the records of the user to determine compliance with all applicable pretreatment standards and requirements and the standards and requirements of this chapter. While performing the necessary work on the industrial user's premises, all persons shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to city employees and the city shall indemnify the company against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the performance of necessary work by city employees, except as may be caused by negligence or failure of the user to maintain safe conditions as required by the Maryland Occupational Safety and Health Administration (MOSHA). The city, state and/or EPA shall have the right to set up, on the user's property such devices as are necessary to conduct sampling, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the city, state and/or EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. (Ord. 1559 § 16, 1993)

Section 13.12.180 Confidential information.
A. Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or to the governmental agency without restrictions unless the user specifically requests and is able to demonstrate to the satisfaction of the city that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user. When requested by the person furnishing the report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made upon written request to governmental agencies for uses related to this chapter, the national pollutant discharge elimination system permit of the WWTP, state disposal system permit and/or the pretreatment programs; provided, however, that such portions of a report shall be available for use by the city, state or any city, state and federal agency in judicial review and enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.
B. Information accepted by the city as confidential shall not be transmitted to the general public by the city until and unless notification is given to the user. (Ord. 1559 § 17, 1993)

Section 13.12.190 Publication of industrial users in significant noncompliance.
    The city shall publish annually in the largest daily newspaper a list of industrial users which at any time during the previous twelve (12) months were in significant noncompliance with applicable pretreatment requirements. For the purpose of this section, an industrial user is in significant noncompliance if its violation(s) meets one or more of the following criteria:
    A. Chronic violations of wastewater discharge limits, defined here as those in which sixty-six (66) percent or more of the measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter;
    B. Technical review criteria (TRC) violations, defined here as those in which thirty-three (33) percent or more of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC = 1.4 for BOD5, TSS, FOG and 1.2 for all other pollutants except pH);
    C. Any other violation of a pretreatment effluent limit (daily maximum or longer-term average) that the city determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of city/WWTP personnel or the general public);
    D. Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the city's exercise of its emergency authority under 40 CFR 403.8 (f)(1)(vi)(B) to halt or prevent such a discharge;
    E. Failure to meet, within ninety (90) days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;
    F. Failure to provide, within thirty (30) days after the due date, required reports such as baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports and reports on compliance with compliance schedules;
    G. Failure to accurately report noncompliance;
    H. Any other violation or group of violations which the city determines will adversely affect the operation or implementation of the local pretreatment program. (Ord. 1559 § 18, 1993)

Section 13.12.200 Enforcement.
    Administrative enforcement remedies shall be as follows:
    A. Notification of Violation. Whenever the city finds that any user has violated or is violating any pretreatment standards and requirements be they local, state or federal or any condition of this chapter or the user's wastewater discharge permit, the city shall serve the user with a written notice of violation stating the standard or requirement violated and the nature of the violation. The city may require the user to respond within thirty (30) days of the notice of violation with a plan for the satisfactory correction thereof which shall be submitted, if required, to the city by the user.
    B. Consent Orders/Consent Agreements. The engineer is empowered to enter into consent orders/consent agreements, assurances of voluntary compliance, or other similar documents establishing an agreement with the user responsible for noncompliance. Such orders will include specific action to be taken by the user to correct the noncompliance within a time period also specified by the order. Consent orders/consent agreements may also contain milestone dates and agreed upon penalties for noncompliance during the period the order is in force. Consent orders/consent agreements shall have the same force and effect as the administrative orders issued pursuant to Sections 13.12.200(A)(4) and (5) and shall be judicially enforceable.
    C. Show Cause Hearing.
    1. The city may order any user which causes or contributes to violations of this chapter, a wastewater discharge permit, agreement or order issued hereunder or any other pretreatment standard or requirement, to show cause before the city council why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of the hearing to be held by the city council regarding the violation, the reasons why the action is to be taken, the proposed enforcement action and directing the user to show cause before the city council why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten days before the hearing. Service may be made on any agent or officer of the user.
    2. The city council may itself conduct the hearing and take the evidence, or may designate any of its members or any officer or employee of the public works department to:
    a. Issue in the name of the city council notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings;
    b. Take the evidence;
    c. Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the city council for action thereon.
    3. At any hearing held pursuant to this chapter, testimony taken must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof.
    4. After the city council has reviewed the evidence, it may issue an order to the user responsible for the violation directing that, following a specified time period, the sewer and/or water service may be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed and are properly operated.
    5. Whether or not the user appears as ordered, immediate enforcement action may be pursued following the hearing date. A show cause hearing shall not be a prerequisite for taking any other action against the user.
    D. Compliance Orders. When the engineer finds that a user has violated or continues to violate this chapter, a wastewater discharge permit or orders issued hereunder, or any other pretreatment standard or requirement, he may issue an order to the user responsible for the discharge directing that the user come into compliance. If the user does not come into compliance, sewer and/or water service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders may also contain other requirements to address the noncompliance, including additional self-monitoring, and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a federal pretreatment standard or requirement, nor does a compliance order release the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a prerequisite to taking any other action against the user.
    E. Cease and Desist Orders.
    1. When the engineer finds that a user is violating this chapter, the user's wastewater discharge permit, any order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the engineer may issue an order to the user directing it to cease and desist all such violations and directing the user to:
    a. Immediately comply with all requirements;
    b. Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.
    2. In the event of a failure of the user to comply voluntarily with the cease and desist order, the city shall take such steps as deemed necessary, including immediate severance of the sewer and/or water connection, to prevent or minimize damage to the WTW system and/or the WWTP, or endangerment to any individuals. The city shall reinstate the sewer service, and/or the water service upon proof of the elimination of the violation(s). A detailed written statement submitted by the user describing the causes of the violation and the measures taken to prevent any future violation(s) shall be submitted to the city within fifteen (15) days of the date of issuance of the order. Issuance of a cease and desist order shall not be a prerequisite to taking any other action against the user.
    F. Supplemental Enforcement Action. The engineer may assess a fee to the user responsible for a noncomplying discharge that results in expenses, to the city, that exceed the cost of normal operations as compensation to the city for said expenses. These fees may include but shall not be limited to cleanup cost, repair cost and treatment cost. All labor shall be assessed at the hourly rate of the employee(s) involved with an additional thirty (30) percent for overhead.
    G. Revocation of Wastewater Discharge Permit.
    1. Any user who violates the conditions of this chapter, or any other pretreatment standard or requirement, is subject to having their permit revoked in accordance with the procedures of this section of this chapter. Violations subject to revocation of the wastewater discharge permit shall include but are not limited to the following:
    a. Failure of a user to accurately report the wastewater constituents and characteristics of its discharge;
    b. Failure of the user to report significant changes in operation or wastewater volume, constituents and/or characteristics prior to discharge;
    c. Refusal of reasonable access to the user's premises for the purposes outlined in Section 13.12.170, including inspection and monitoring; or
    d. Violation of conditions of the user's wastewater discharge permit;
    e. Failure to pay any charges, fees or fines associated with the wastewater pretreatment program.
    2. Any user notified of a revocation of the wastewater discharge permit shall immediately eliminate the discharge. In the event of a failure of the user to comply voluntarily with the revocation order, the city shall take such steps as deemed necessary, including immediate severance of the sewer and/or water connection, to eliminate the discharge. The city may reinstate the wastewater discharge permit upon written proof of the elimination of the violation(s).
    H. Judicial Enforcement Remedies. If any person discharges sewage, industrial wastes or other wastes into the city's wastewater disposal system contrary to the provisions of this chapter, federal or state pretreatment requirements, or any order of the city, the city attorney may commence an action for appropriate legal and/or equitable relief in Wicomico County District or Circuit Court.
    1. Injunctive Relief.
    a. In General. The engineer may bring an action for an injunction against any person who violates any provision of this chapter or any rules, regulation, order, or permit adopted or issued under this chapter.
    b. Findings. In any action for an injunction under this section, any finding of the Wicomico County District or Circuit Court after hearing is prima facie evidence of each fact the court determines.
    c. Grounds. On a showing that any person is violating or is about to violate this subtitle or any rule, regulation, order, or permit adopted or issued by the city, the court shall grant an injunction without requiring a showing of a lack of an adequate remedy at law.
    d. Emergency. If an emergency arises due to imminent danger to the public health or welfare, or imminent danger to the environment, the engineer may sue for an immediate injunction to stop any pollution or other activity that is causing the danger.
    2. Civil Penalties. Any user who is found to have violated or continues to violate an order of the city council or who has violated or continues to violate any provision of this chapter and the orders, rules, regulations and permits issued hereunder, or who violates any other pretreatment standard or requirement shall be liable for fines of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00) for each offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided herein, the city may recover reasonable attorney's fees, court cost, court reporter's fees and other expenses of litigation by appropriate suit at law against the user and/or person found to have violated this chapter or the orders, rules, regulations and permits issued hereunder.
    3. Criminal Prosecution.
    a. Any person who knowingly makes any false statements, representations or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter or the user's wastewater discharge permit, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction, be punished by a fine of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00) or by imprisonment for not more than six months or by both.
    b. Any user who willfully or through gross negligence violates any provision of this chapter, any orders or wastewater discharge permits issued hereunder, or any other pretreatment requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for not more than six months or by both.
    c. Any user who willfully or through gross negligence introduces any substance into the WTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for not more than six months or by both. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.
    I. Remedies Nonexclusive. The provisions in Sections 13.12.190 and 13.12.200 are not exclusive. The city reserves the right to take any, all or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the city of Salisbury's enforcement response plan. However, the city reserves the right to take other action against any user when the circumstances warrant. Further, the city is empowered to take more than one enforcement action against any noncompliant user. These actions may be taken concurrently.
    J. Enforcement Appeals. Appeals of enforcement actions may be made in writing to the city following the procedures set forth in Section 13.12.110(D). (Ord. 1559 § 19, 1993)

Section 13.12.210 Severability.
If any provision, paragraph, word, section or article of the ordinance codified in this chapter is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections and chapters shall not be affected and shall continue in full force and effect. (Ord. 1559 § 20, 1993)

Section 13.12.220 Best management practices for controlling discharges of silver process wastewater to
                               the city's sewerage system.
    The city of Salisbury establishes the implementation of the Code of Management Practices for Silver Dischargers providing for best management practices for controlling discharges of silver process wastewater to the city's sewer system.
    A. Purpose. The purpose of this section is to prevent the metal silver, designated as a toxic pollutant by the United States Environmental Protection Agency (USEPA), from being discharged to the sewer system without treatment. This section requires facilities performing processing of photographic materials to install and maintain pretreatment equipment that is designed to achieve a level of treatment appropriate to the size of the facility. Unlike other metals reduction strategies, this silver control regulation does not require facilities to attain specific numerical limits, but rather to incorporate the strategy of best management practices.
    B. Definitions. For the purpose of this section:
    1. "Best management practices (BMP'S)" are typically a schedule of activities, prohibitions, maintenance policies and other management procedures that are implemented to prevent or reduce the discharge of pollutants into the public sewer system. BMP's also include pretreatment requirements, pretreatment equipment installation, operating procedures and practices to control plant site runoff, spillage or leaks, sludge or waste disposal or drainage from raw material storage.
    2. "Best management practices plan (BMPP)" is an operational methodology using BMP's to prevent and/or reduce the discharge of silver to the city sewer system.
    3. "Total silver process wastewater" means the sum of all aqueous solutions used in silver imaging processes, including photography film developers, fixers, bleach-fix, stabilizers, low flow washes, rinse waters, other washes and all similar solutions.
    4. "Silver rich solutions" include fixers, bleach-fixes, stabilizers (e.g. plumpness stabilizers and chemical washes), low-flow washes and all functionally similar solutions.
    5. "Silver test paper" means test paper coated with an analytical reagent which reacts by changing color in relationship to the amount of silver in solution. A reference color code allows users to determine the approximate amounts of silver in solution.
    C. 1. Best management practices plan for dischargers of total silver process wastewater from photographic processing facilities to the city's sewer system:
    a. All pretreatment processes installed pursuant to these regulations shall achieve at least the minimum percent recovery of silver-rich solutions required by the applicable subsection of this regulation.
    b. In lieu of complying with any requirements of this BMPP, persons discharging total silver process wastewater to the public sewer system may have all silver-rich solutions transported off-site for recovery, reclamation and/or refinement by a certified hazardous waste hauler. Persons that exercise this option are required to manifest and/or document all loads regarding the disposal of silver-rich solutions, including the name of transporter, the quantity removed and how the silver-rich solutions are disposed.
    c. All records and measurements kept pursuant with this BMPP shall be recorded in a silver recovery log and be available at all times for inspection.
    d. Persons identified as significant industrial users must obtain an industrial wastewater discharge permit developed on a case-by-case basis.
    e. Persons identified as a photographic processing facility must obtain a special permit based on best management practices.
    f. Design of pretreatment processes shall be based upon percent recovery of silver-rich solutions.
    g. On or before March 1, 1998, any person that discharges total silver process wastewater to the public sewer system shall prepare and implement this best management practices plan. BMPP shall include the following:
    h. The facility must have a spill plan to ensure spills of silver-rich solutions are not accidentally released to the publicly owned treatment works (POTW).
    i. All photographic processors shall maintain their processing and holding tanks for silver-rich solutions and the silver recovery and/or management system in a manner that protects the materials from accidental release to the POTW.
    j. All photographic processors shall install taps on the influent and effluent of their silver recovery units to provide access for representative monitoring of the efficiency of their pretreatment process.
    2. Dischargers of less than two gallons per day silver rich solutions and/or less than one thousand (1000) gallons per day of total silver process wastewater shall:
    a. Install, operate and maintain one of the following technologies designed to recover a minimum of ninety (90) percent of the silver from silver-rich solutions:
    i. Metallic replacement unit(s) in series and operated simultaneously,
    ii. Electrolytic recovery, or
    iii. Chemical precipitation;
    b. Install taps on influent and effluent of silver recovery units to provide access to representative samples for monitoring the efficiency of the pretreatment process;
    c. Test for silver concentration in the influent and effluent from the silver recovery units using silver test paper and/or test kits once per week on a day that is representative of normal operations;
    d. Collect one composite sample of the influent and effluent of the silver pretreatment system once every twelve (12) months on a representative day. This sample shall be analyzed for total silver using the Maryland Department of the Environment Water Management Administration Toxic Substance Analytical Protocol and 40 CFR Part 136 sampling and preservation methods by an approved laboratory. Results shall be mailed to the city's pretreatment office.
    e. Keep written records of the measurements required by this BMPP in a silver recovery log book at their facility for a minimum of three years.
    3. Dischargers of two to twenty (20) gallons per day silver rich solutions and/or one thousand (1000) to ten thousand (10,000) gallons per day of total silver process wastewater shall:
    a. Install, operate and maintain one of the following technologies designed to recover a minimum ninety-five (95) percent silver from the silver-rich solutions:
    i. Electrolytic recovery and metal replacement, or
    ii. Chemical precipitation, or
    iii. Any combination of the above;
    b. Install taps on influent and effluent of silver recovery units to provide access to representative samples for monitoring the efficiency of the pretreatment process;
    c. Test for silver concentration in the influent and effluent from the silver recovery units using silver test paper and/or test kits once per week on a day that is representative of normal operations;
    d. Collect one composite sample of the influent and effluent of the silver pretreatment system once every six months on a representative day. This sample shall be it analyzed for total silver using the Maryland Department of the Environment Water Management Administration Toxic Substance Analytical Protocol and 40 CFR Part 136 sampling and preservation methods by an approved laboratory. Results shall be mailed to the city's pretreatment office;
    e. Measure and record quantities of total silver process wastewater discharged to the public sewer system;
    f. Keep written records of the measurements required by this BMPP in a silver recovery log book at their facility for a minimum of three years.
    4. Discharges of over twenty (20) gallons per day of silver rich solutions and/or over ten thousand (10,000) gallons per day total silver process wastewater shall:
    a. Install, operate and maintain one of the following technologies designed to recover a minimum ninety-nine (99) percent silver from the silver-rich solutions:
    i. Two metallic replacement units installed in series and operated simultaneously and one electrolytic recovery unit, or
    ii. One electrolytic recovery unit and chemical precipitation,
    b. Install taps on influent and effluent of silver recovery units to provide access to representative samples for monitoring the efficiency of the pretreatment process;
    c. Test for silver concentration in the influent and effluent from the silver recovery units using silver test paper and/or test kits once per week on a day that is representative of normal operations;
    d. Collect one composite sample of the influent and effluent of the silver pretreatment system once every three months on a representative day. This sample shall be it analyzed for total silver using the Maryland Department of the environment Water Management Administration Toxic Substance Analytical Protocol and 40 CFR Part 136 sampling and preservation methods by an approved laboratory. Results shall be mailed to the city's pretreatment office;
    e. Measure and record daily quantities of total silver process wastewater discharged to the public sewer system;
    f. Keep written records and measurements at their facility for a minimum of three years;
    g. If the facility consistently maintains its percent recovery for two years, the frequency for the collection of the composite sample of the influent and the effluent may be reduced, at the city's discretion on a case-by-case basis.
    D. Implementation Effect. This section is in addition to any requirements presently established or as may be established from time to time by ordinance, resolution or policy of the city council of the city of Salisbury, department of public works or other offices, boards, commissions, agencies, divisions or departments of the city of Salisbury and all other sections of this chapter are in full force and effect, regardless of the numbering of this section or location in the chapter. (Ord. 1679, 1998)

Section 13.16.010 Sanitary and water facilities required.
No building or other structure located within the corporate limits of the city to which city water service and city sewer service are available may be occupied as a place of human habitation unless such building or other structure is furnished with an inside sanitary toilet, in good operating condition, connected with the city sanitary sewer system and one water tap equipped with a sink, all in good operating condition, connected with the city water supply system. Such toilet and water tap shall be readily available to each occupant of such building or other structure. (Prior code § 132-1)

Section 13.16.020 Private sewage disposal systems.
No building or other structure located within the corporate limits of the city to which city water service and city sewer service are not available may be occupied as a place of human habitation unless such building or other structure is furnished with a private sewage disposal system constructed in accordance with the provisions of this chapter or other ordinance of the city regulating such matters. Such private sewage disposal systems shall be maintained in a sanitary condition and shall be adequate for and available to each occupant of such building or other structure. (Prior code § 132-2)

Section 13.16.030 Occupation of buildings unequipped with required sanitary facilities.
Any person occupying a building or other structure located within the corporate limits of the city as a place of human habitation which is not equipped with the sanitary facilities required by Sections 13.16.010 and 13.16.020 shall be deemed guilty of a misdemeanor. (Prior code § 132-3)

Section 13.16.040 Owners permitting occupation of unequipped buildings.
Any owner or owner's agent, permitting any person to occupy a building or other structure located within the corporate limits of the city as a place of human habitation not equipped with the sanitary facilities required by Sections 13.16.010 and 13.16.020 shall be deemed guilty of a misdemeanor. (Prior code § 132-4)

Section 13.20.010 Definitions.
    For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
    "Groundwater" means all the water under the surface of the ground not identified as flowing in well-defined channels.
    "Individual water supply system" means a water supply system from which water is not available to the people at large, its location and outlets being on private property.
    "Person" means a person, persons, partnerships, firms, corporations and cooperative enterprises.
    "Potable water" means water which is safe for human consumption.
    "Surface water" means a pond, lake or a stream of water flowing in a definite direction or course. A surface stream includes the springs in which the stream originates and those that contribute to its flow. The stream flow may vary and, in times of drought, may even cease to flow at all for a period of time. (Prior code § 132-41)

Section 13.20.020 Applicability of provisions--Uses--Inspections--Application procedure and fee.
    A. The requirements of these regulations shall apply to both new and old individual water supplies and to replacement of or additions to existing systems in all areas now or hereafter served by the city's water system.
    B. Building and water system contractors, plumbers, well diggers and well drillers making installations of water supply systems shall be jointly responsible for compliance with these regulations with any person for whom such installation(s) is (are) being made.
    C. Individual water supply systems shall be permitted for outside irrigation purposes and refrigeration cooling purposes and the filling of swimming pools and for no other purposes, with the following exceptions:
    1. Private wells equipped with hand pumps installed in atomic fall-out shelters;
    2. Pumps installed and tapped to surface water used for irrigation and sprinkling systems.
    D. The approving authority for individual water systems shall be the director of the department of building, housing and zoning.
    E. The approving authority or his authorized agent may make inspections during construction to determine compliance with these regulations. No part of any installation shall be covered until inspected and approved by the approving authority. Any part of the installation which has been covered prior to final approval shall be uncovered upon order of the approving authority.
    F. Any person contemplating the construction of a private well for domestic use, outside irrigation purposes, refrigeration cooling purposes or the filling of swimming pools shall, previous to the beginning of any construction, make a formal application. The permit fee shall be twenty-five dollars ($25.00) for each well. Applications for such permit, except wells referred to in subsection (C) of this section, shall be in a form provided by the bureau of inspections. Whenever, in the opinion of the director of the department of building, housing and zoning, complete plans and specifications are needed to show definitely the desired installation for which the application is made, the applicant shall furnish duplicate. If approved, one set shall be returned to the applicant marked approved, and one set shall be retained and filed as a permanent record in the office of the department of building, housing and zoning. (Prior code § 132-42)

Section 13.20.030 Construction and maintenance of water supply systems for domestic use.
    A. Water supply under this section shall mean all private sources of potable water for domestic use, including that from bored, drilled, driven or dug wells.
    B. All water supply systems shall be constructed, added to or altered in accordance with these regulations. Where an approved public water supply system is within three hundred (300) feet of the building to be served, the approving authority shall require that the water supply be obtained from that system.
    C. No person owning or occupying any premises shall establish and maintain for domestic use a polluted water supply unless treatment by a process acceptable to the Board of Health and the approving authority is provided.
    D. No water-supply pumping equipment shall be located within or under any building which it supplies.
    E. Wells for domestic use shall be protected from surface wash or flooding by suitable sloping or ditching of ground surfaces or by suitable dikes or curbs.
    F. Wells should be located at the highest point on the premises consistent with the general layout topography and surroundings, including abutting lots.
    G. Shallow wells (bored, drilled, driven or dug) shall be at least one hundred (100) feet removed from sources of pollution.
    H. Deep wells (bored or drilled) shall be at least fifty (50) feet removed from sources of pollution.
    I. Suction pipes from wells shall be at least fifty (50) feet removed from sources of pollution.
    J. All wells shall be at least fifty (50) feet removed from any sewer, except that when the sewer is constructed of cast-iron pipe with watertight lead-caulked joints, the distance of removal shall be at least ten feet.
    K. Wells under construction shall be reasonably protected at all times to prevent the entrance of polluting materials.
    L. Upon completion of construction or reconstruction of any water supply system or following repairs to its pumping equipment, it shall be disinfected and flushed.
    M. Pumping equipment shall be installed on an impervious floor and housed within a structure having raintight walls and roof.
    N. Wells shall have galvanized steel pipe casing for their full length, with a metallic strainer, and all exposed distribution lines of private water systems shall be color coded federal yellow for purposes of identification. (Prior code § 132-43)

Section 13.20.040 Irrigation, refrigeration cooling, and filling of swimming pools.
A. Water supply under this section shall mean all private sources of both nonpotable and potable water, including bored, drilled, driven and dug wells, used for outside irrigation purposes, for refrigeration cooling purposes and for the filling of swimming pools and for no other purposes.
B. Water supply systems under this section may use PVC polyethylene plastic pipe DP830 PVC 1, CS 207-60 or equal with corrosion-proof well screens and points or PVC overflow or equal. (Prior code § 132-44)

Section 13.20.050 Prohibited practices.
    The following practices shall be prohibited:
    A. Chain-bucket pumps;
    B. Cross-connections at any point between individual water supply systems and other individual or public water supply systems;
    C. Water supply connections made to a frostproof toilet;
    D. Abandoned or unused wells used for disposal of sewage, sewage effluent or other polluting material;
    E. Private wells installed or used for the purpose of drainage of surface or contaminated water, except that water from a private well used exclusively for cooling purposes, where only a temperature change takes place in the water, may be returned to the ground by a second private well. (Prior code § 132-45)

Section 13.20.060 Time limit for compliance--Violations and penalties.
A. Every private well now existing in violation of these rules and regulations shall comply with same within thirty (30) days following the date of passage of this chapter.
B. In the event of any violation hereof, any permit outstanding shall be revoked and rescinded immediately, and any person maintaining a private well in violation hereof shall be guilty of a misdemeanor. Each day that such violation continues shall be considered a distinct and separate offense, and upon conviction thereof, such person shall be fined twenty-five dollars ($25.00) for each and every day of such violation. (Prior code § 132-46)

Section 13.20.070 Use of private wells for industrial purposes.
A. Notwithstanding any of the provisions of this chapter, the use or replacement of existing private wells for industrial purposes may be permitted only upon specific prior approval of the city council after formal application thereto and hearing thereon at one or more regular meetings of the council. Such council approval shall be evidenced by a resolution adopted by the council and spread upon its minutes. Such resolution shall set forth in precise terms the exact size, location, depth, use or uses and all other pertinent details with respect to the particular private well approved.
B. It shall be the intent of this section to permit the use of an existing well or to replace an existing well with one of equal depth, size and capacity but not to permit increased well capacity, except for uses permitted by this section. In the council's sole discretion, such resolution also may specify initial permit fees and annual permit renewal fees greater than those provided in Section 13.20.020, but such fees in no event shall exceed five times the amounts specified in such section. (Prior code § 132-47)

Section 13.24.010 Definitions.
For the purpose of this chapter, the following words shall have the meanings indicated:"Ton of refrigeration" means that amount of heat required to melt ice at the rate of one ton in twenty-four (24) hours. (Prior code § 132-48)

Section 13.24.020 Refrigeration equipment requiring high water demand.
No installation of air-conditioning equipment, refrigeration equipment or compressor installation having a capacity greater than five tons of refrigeration and requiring water from the city water system at a rate greater than eight-hundredths (0.08) gallons per minute per ton of refrigeration capacity shall hereafter be made. (Prior code § 132-49)

Section 13.24.030 Discharges from high-capacity refrigeration equipment.
No installation of air-conditioning equipment, refrigeration equipment or compressor installation having a capacity greater than five tons of refrigeration and discharging water into the city sewer system at a rate greater than eight-hundredths (0.08) gallons per minute per ton of refrigeration shall hereafter be made. (Prior code § 132-50)

Section 13.24.040 Installations of refrigeration equipment not requiring high water demand.
No installation of air-conditioning equipment, refrigeration equipment or compressor installation having a capacity of not more than five tons of refrigeration and requiring water from the city water system at a rate greater than one and fifty-hundredths (1.50) gallons per minute per ton of refrigeration capacity shall hereafter be made. (Prior code § 132-51)

Section 13.24.050 Refrigeration equipment discharging high quantities of water into sewer system.
No installation of air-conditioning equipment, refrigeration equipment or compressor installation having a capacity of not more than five tons of refrigeration and discharging water into the city sewer system at a rate greater than one and fifty-hundredths (1.50) gallons per minute per ton of refrigeration shall hereafter be made. (Prior code § 132-52)

Section 13.24.060 Permit to install equipment--Fee--Costs of additional inspections.
No installation of air-conditioning equipment, refrigeration equipment or compressor installation requiring water from the city water system or discharging water into the city sewer system shall hereafter be made until a written permit for any such installation has been issued by the plumbing inspector. A fee of twenty-five dollars ($25.00) shall be collected for each such permit, which fee shall cover the expense of regular inspection. However, should additional inspection be required on account of condemnation of work for noncompliance with the provisions of this chapter, the owner of the equipment involved shall pay the reasonable expense of each additional inspection. (Prior code § 132-53)

Section 13.24.070 Connections to be made by registered plumber.
The connection of air-conditioning equipment, refrigeration machinery or compressor installation with water or waste pipes, either or both, shall be made only by registered plumbers. (Prior code § 132-54)

Section 13.24.080 Installation of equipment to eliminate cross-connections and back-siphonage.
Each installation of air-conditioning equipment, refrigeration machinery or compressor installation requiring water from the city water system shall be designed and installed in such a manner as will eliminate the possibility of cross-connections or back-siphonage between water and waste pipes. (Prior code § 132-55)

Section 13.24.090 Compliance with provisions required.
The provisions of this chapter concerning the installation and use of air-conditioning equipment, refrigeration machinery and compressor installations connected with the city water or sewer systems shall be complied with. (Prior code § 132-56)

Section 13.24.100 Noncompliance--Disconnection from systems--Notification.
All air-conditioning equipment, refrigerating equipment and compressor installations not meeting the requirements of this chapter shall be disconnected from the city water and sewer systems. Before so disconnecting such equipment, the plumbing inspector shall give the owners of such equipment reasonable notice to correct any violations of this chapter. (Prior code § 132-57)

Section 13.28.010 Purpose and authority.
The purpose of this chapter is to protect, maintain and enhance the public health, safety, and general welfare by establishing minimum requirements and procedures to control the adverse impacts associated with increased stormwater runoff. Proper management of stormwater runoff will minimize damage to public and private property, reduce the effects of development on land, control stream channel erosion, reduce local flooding, and maintain after development, as nearly as possible, the pre-development runoff characteristics.
The provisions of this chapter, pursuant to the Environment Article, Title 4, Subtitle 2, Annotated Code of Maryland, 1996 replacement volume, are adopted under the authority of this code and shall apply to all development occurring within the incorporated area of the city of Salisbury. 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 Salisbury department of public works shall be responsible for the coordination and enforcement of the provisions of this chapter. (Ord. 1844 (part), 2002)

Section 13.28.020 Incorporation by reference.
    For the purpose of this chapter, the following documents are incorporated by reference:
    A. The 2000 Maryland Stormwater Design Manual, Volumes I and II (Maryland Department of the Environment, April 2000) is incorporated by reference by the city of Salisbury and shall serve as the official guide for stormwater principles, methods, and practices.
    B. USDA Natural Resources Conservation Service Maryland Conservation Practice Standard Pond Code 378 (January 2000). (Ord. 1844 (part), 2002)

Section 13.28.030 Definitions.
    A. For the purpose of this chapter, the following definitions describe the meaning of the terms used in this chapter:
    "Administration" means the Maryland Department of the Environment (MDE) Water Management Administration (WMA).
    "Adverse impact" means any deleterious effects on waters or wetlands, including their quality, quantity, surface area, species composition, aesthetics or usefulness for human or natural uses which are or may potentially be harmful or injurious to human health, welfare, safety or property, to biological productivity, diversity, or stability or which unreasonably interfere with the enjoyment of life or property, including outdoor recreation.
    "Agricultural land management practices" means those methods and procedures used in the cultivation of land in order to further crop and livestock production and the conservation of related soil and water resources.
    "Applicant" means any person, firm, or governmental agency which executes the necessary forms to procure official approval of a project or a permit to carry out the construction of a project.
    "Aquifer" means a porous water bearing geologic formation generally restricted to materials capable of yielding an appreciable supply of water.
    "Best management practice (BMP)" means a structural device or nonstructural practice designed to temporarily store or treat stormwater runoff in order to mitigate flooding, reduce pollution, and provide other amenities.
    "Channel protection storage volume (CP_v)" means the volume used to design structural management practices to control stream channel erosion. Methods for calculating the channel protection storage volume are specified in the 2000 Maryland Stormwater Design Manual, Volumes I and II.
    "Clearing" means the removal of trees and brush from the land, but shall not include the ordinary mowing of grass.
    "Design Manual" means the 2000 Maryland Stormwater Design Manual, Volumes I and II that serves as the official guide for stormwater management principles, methods, and practices.
    "Detention structure" means a permanent structure for the temporary storage of runoff, which is designed so as not to create a permanent pool of water.
    "Develop land" means to change the runoff characteristics of a parcel of land in conjunction with residential, commercial, industrial, or institutional construction or alteration.
    "Direct discharge" means the concentrated release of stormwater to tidal waters or vegetated tidal wetlands from new development or redevelopment projects in the critical area.
    "Drainage area" means that area contributing runoff to a single point measured in a horizontal plane, which is enclosed by a ridge line.
    "Easement" means a grant or reservation by the owner of the land for the use of such land by others for a specific purpose or purposes and which must be included in the conveyance of land affected by such easement.
    "Exemption" means those land development activities that are not subject to the stormwater management requirements contained in this chapter.
    "Extended detention" means a stormwater design feature that provides gradual release of a volume of water in order to increase settling of pollutants and protect downstream channels from frequent storm events. Methods for designing extended detention BMPs are specified in the Design Manual.
    "Extreme flood volume (Q_f)" means the storage volume required to control those infrequent but large storm events in which overbank flows reach or exceed the boundaries of the one hundred (100) year floodplain.
    "Flow attenuation" means prolonging the flow time of runoff to reduce the peak discharge.
    "Grading" means any act by which soil is cleared, stripped, stockpiled, excavated, scarified or filled, or any combination thereof.
    "Infiltration" means the passage or movement of water into the soil surface.
    "On-site stormwater management" means the design and construction of a facility necessary to control stormwater from more than one development.
    "On-site stormwater management" means the design and construction of systems necessary to control stormwater within an immediate development.
    "Overbank flood protection volume (Q_p)" means the volume controlled by structural practices to prevent an increase in the frequency of out of bank flooding generated by development. Methods for calculating the overbank flood protection volume are specified in the Design Manual.
    "Recharge volume (Re_v)" means that portion of the water quality volume used to maintain groundwater recharge rates at development sites. Methods for calculating the recharge volume are specified in the Design Manual.
    "Redevelopment" means any construction, alteration, or improvement exceeding five thousand (5,000) square feet of land disturbance performed on sites where existing land use is commercial, industrial, institutional or multifamily residential.
    "Retention structure" means a permanent structure that provides for the storage of runoff by means of a permanent pool of water.
    "Retrofitting" means the construction of a structural BMP in a previously developed area, the modification of an existing structural BMP, or the implementation of a nonstructural practice to improve water quality over current conditions.
    "Sediment" means soils or other surficial materials transported or deposited by the action of wind, water, ice, or gravity as a product of erosion.
    "Site" means:
    1. For "new development" any tract, lot, or parcel of land or combination of tracts, losts, or parcels of land, which are in one ownership, or are contiguous and in diverse ownership where development is to be performed as part of a unit, subdivision, or project.
    2. For "redevelopment" the area of new construction as shown on an approved site plan; or the original parcel. Final determination of the applicable area shall be made by the city of Salisbury.
    "Stabilization" means the prevention of soil movement by any of various vegetative and/or structural means.
    "Stormwater management" means:
    1. For quantitative control, a system of vegetative and structural measures that control the increased volume and rate of water runoff caused by man-made changes to the land; and
    2. For qualitative control, a system of vegetative, structural, and other measures that reduce or eliminate pollutants that might otherwise be carried by surface runoff.
    "Stormwater management plan" means a set of drawings or other documents prepared by a qualified individual as a prerequisite to obtaining stormwater management approval, which contains all of the information and specifications pertaining to stormwater management.
    "Stripping" means any activity which, removes the vegetative surface cover including tree removal, clearing, grubbing and storage or removal of topsoil.
    "Variance" means the modification of the minimum stormwater management requirements for specific circumstances such that the strict adherence to the requirements would result in unnecessary hardship and not fulfill the intent of the chapter.
    "Waiver" means the relinquishment from stormwater management requirements by the city of Salisbury for a specific development on a case-by-case review basis.
    1. "Qualitative stormwater management waiver" includes water quality volume and recharge volume design parameters.
    2. "Quantitative stormwater management waiver" includes channel protection storage volume, overbank flood protection volume, and extreme flood volume design parameters.
    "Watercourse" means 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 flood water.
    "Watershed" means the total drainage area contributing runoff to a single point.
    "Water quality volume (WQ_v)" means the volume needed to capture and treat the runoff from ninety (90) percent of the average annual rainfall at a development site. Methods for calculating the water quality volume are specified in the Design Manual. (Ord. 1844 (part), 2002)

Section 13.28.040 Applicability.
    A. Scope. No person shall develop any land for residential, commercial, industrial, or institutional uses without having provided stormwater management measures that control or manage runoff from such developments, except as provided within this section. The stormwater management measures must be designed consistent with the Deisgn Manual and constructed according to an approved plan for new development or the policies stated in Section 13.28.040(D) for redevelopment.
    B. Exemptions. The following development activities are exempt from the provisions of this chapter and the requirements of providing stormwater management:
    1. Agricultural land management activities;
    2. Additions or modifications to existing single family detached residential structures if they comply with subsection B(3) of this section;
    3. Developments that do not disturb over five thousand (5,000) square feet of land area;
    4. Land development activities that the administration determines will be regulated under specific state laws, which provide for managing stormwater runoff.
    C. Waivers--Watershed Management Plans.
    1. Stormwater management quantitative control waivers shall be granted only to those projects within areas where watershed management plans have been developed consistent with subsection C(6) of this section.
    2. If watershed management plans consistent with subsection F of this section have not been developed, then stormwater management quantitative control waivers may be granted to projects:
    a. That have direct discharges to tidally influenced receiving waters;
    b. That do not increase the post-development peak discharge for the two-year storm event by more than ten percent; or
    c. When the city of Salisbury determines that circumstances exist that pervent the reasonable implementation of quantity control practices.
    3. Stormwater management qualitative control waivers apply only to:
    a. In-fill development projects where stormwater management implementation is not feasible;
    b. Redevelopment projects if the requirements of subsection D of this section are satisfied; or
    c. Sites where the city of Salisbury determines that circumstances exist that prevent the reasonable implementation of quality control practices.
    4. Waivers granted must:
    a. Be on a case-by-case basis;
    b. Consider the cumulative effects of the city of Salisbury waiver policy; and
    c. Reasonably ensure the development will not adversely impact stream quality.
    5. If the city of Salisbury has established an overall watershed management plan for a specific watershed, then the city of Salisbury may develop quantitative waiver and redevelopment provisions that differ from subsections C(2) and D of this section.
    6. A watershed management plan developed for the purpose of implementing different stormwater management policies for waivers and redevelopment shall:
    a. Include detailed hydrologic and hydraulic analyses to determine hydrograph timing;
    b. Evaluate both quantity and quality management;
    c. Include cumulative impact assessment of watershed development;
    d. Identify existing flooding and receiving stream channel conditions;
    e. Be conducted at a reasonable scale;
    f. Specify where on-site or off-site quantitative and qualitative stormwater management practices are to be implemented;
    g. Be consistent with the General Performance Standards for Stormwater Management in Maryland found in Section 1.2 of the Design Manual; and
    h. Be approved by the administration.
    7. The city of Salisbury may grant a waiver of quantitative stormwater management requirements for individual developments in areas where watershed management plans have been developed provided that a written request is submitted by the applicant containing descriptions, drawings, and any other information that is necessary to evaluate the proposed development. A separate written waiver request shall be required in accordance with the provisions of this section if there are subsequent additions, extensions, or modifications to a development receiving a waiver.
    D. Redevelopment.
    1. The recharge, channel protection storage volume, and overbank flood protection volume requirements specified in the Design Manual do not apply to redevelopment projects unless specified by the city of Salisbury.
    2. All redevelopment projects shall reduce existing site impervious areas by at least twenty (20) percent. Where site conditions prevent the reduction of impervious area, then stormwater management practices shall be implemented to provide qualitative control for at least twenty (20) percent of the site's impervious area. When a combination of impervious area reduction and stormwater practice implementation is used, the combined area shall equal or exceed twenty (20) percent of the site.
    3. Where conditions prevent impervious area reduction or on-site stormwater management, practical alternatives may be considered, including but not limited to:
    a. Fees;
    b. Off-site BMP implementation for a drainage area comparable in size and percent imperviousness to that of the project;
    c. Watershed or stream restoration;
    d. Retrofitting; or
    e. Other practices approved by the city of Salisbury.
    E. Variance. The city of Salisbury may grant a written variance from any requirement of Section 13.28.050, stormwater management criteria, of this chapter if there are exceptional circumstances applicable to the site such that strict adherence will result in unneccessary hardship and not fulfill the intent of the chapter. A written request for variance shall be provided to the city of Salisbury and shall state the specific variances sought and reasons for their granting. The city of Salisbury shall not grant a variance unless and until sufficient justification is provided by the person developing the land. (Ord. 1844 (part), 2002)

Section 13.28.050 Stormwater management criteria.
    A. Minimum Control Requirements.
    1. The minimum control requirements established in this section and the Design Manual are as follows:
    a. The city of Salisbury shall require that the recharge volume, water quality volume, and overbank flood protection volume for the two-year frequency storm event be used to design BMP's according to the Design Manual; and
    b. Control of the ten-year frequency storm event is required according to the Design Manual if the city of Salisbury determines that historical flooding problems exist and downstream floodplain development and conveyance system design cannot be controlled.
    c. The city of Salisbury may require more than the minimum control requirements specified in this chapter if hydrologic or topographic conditions warrant or if flooding, stream channel erosion, or water quality problems exist downstream from a proposed project.
    2. Stormwater management and development plans where applicable, shall be consistent with adopted and approved watershed management plans or flood management plans as approved by the administration in accordance with the Flood Hazard Management Act of 1976.
    B. Stormwater Management Measures. The structural and nonstructural stormwater management measures established in this chapter shall be used, either alone or in combination, in developing a stormwater management plan.
    1. Structural Stormwater Management Measures.
    a. The following structural stormwater management practices shall be designed according to the Design Manual to satisfy the applicable minimum control requirements established in subsection A of this section.
    i. Stormwater management ponds;
    ii. Stormwater management wetlands;
    iii. Stormwater management infiltration;
    iv. Stormwater management filtering systems; and
    v. Stormwater management open channel systems.
    b. The performance criteria specified in the Design Manual with regard to general feasibility, conveyance, pretreatment, treatment and geometry, environment and landscaping, and maintenance shall be considered when selecting structural stormwater management practices.
    c. Structural stormwater management practices shall be selected to accommodate the unique hydrologic or geologic regions of the city of Salisbury.
    2. Nonstructural Stormwater Management Measures.
    a. The following nonstructural stormwater management practices shall be applied according to the Design Manual to minimize increases in new development runoff:
    i. Natural area conservation;
    ii. Disconnection of rooftop runoff;
    iii. Disconnection of non-rooftop runoff;
    iv. Sheet flow to buffers;
    v. Grass channels; and
    vi. Environmentally sensitive development.
    b. The use of nonstructural stormwater management practices shall be encouraged to minimize the reliance on structural BMP's.
    c. The minimum control requirements listed in subsection A of this section may be reduced when nonstructural stormwater management practices are incorporated into site designs according to the Design Manual.
    d. The use of nonstructural stormwater management practices may not conflict with existing state or local laws, ordinances, regulations, or policies.
    e. Nonstructural stormwater management practices used to reduce the minimum control requirements must remain unaltered by subsequent property owners. Prior approval from the city of Salisbury shall be obtained before nonstructural stormwater practices are altered.
    3. Alternative structural and nonstructural stormwater management practices may be used for new development water quality control if they meet the performance criteria established in the Design Manual and are approved by the administration. Practices used for redevelopment projects shall be approved by the city of Salisbury.
    4. For the purposes of modifying the minimum control requirements or design criteria, the owner/developer shall submit to the city of Salisbury an analysis of the impacts of stormwater flows downstream in the watershed. The analysis shall include hydrologic and hydraulic calculations necessary to determine the impact of hydrograph timing modifications of the proposed development upon a dam, highway, structure, or natural point of restricted stream flow. The point of investigation is to be established with the concurrence of the city of Salisbury downstream of the first downstream tributary whose drainage area equals or exceeds the contributing area to the project or stormwater management facility.
    C. Specific Design Criteria. The basic design criteria, methodologies, and construction specifications, subject to the approval of the city of Salisbury and the administration, shall be those of the Design Manual. (Ord. 1844 (part), 2002)

Section 13.28.060 Stormwater management plans.
    A. Review and Approval of Stormwater Management Plans.
    1. For any proposed development, the developer shall submit a stormwater management plan or waiver application to the city of Salisbury for review and approval, unless otherwise exempted. The stormwater management plan shall contain supporting computations, drawings, and sufficient information describing the manner, location, and type of measures in which stormwater runoff will be managed from the entire development. The city of Salisbury shall review the plan to determine compliance with the requirements of this chapter prior to approval. The plan shall serve as the basis for all subsequent construction. 2. Notification of approval or reasons for disapproval or modification shall be given to the applicant within a reasonable period of time after submission of the completed stormwater plan. The stormwater management plan shall not be considered approved without the inclusion of the signature and date of signature of the director of the department of public works of the city of Salisbury on the plan.
    3. The approval of a stormwater management plan or grant of a waiver application shall expire on the date three years from the date of approval or grant of the waiver.
    B.Contents of the Stormwater Management Plan.
    1. The developer is responsible for submitting a stormwater management plan that meets the design requirements of this chapter. The plan shall be accompanied by a report that includes sufficient information to evaluate the environmental characteristics of affected areas, the potential impacts of the proposed development on water resources, and the effectiveness and acceptability of measures proposed for managing stormwater runoff. The developer or builder shall certify on the drawings that all clearing, grading, drainage, construction, and development shall be conducted in strict accordance with the plan. If a stormwater management plan involves direction of some or all runoff off of the site, it is the responsibility of the developer to obtain from adjacent property owners any easements or necessary property interests concerning flowage of water. Approval of a stormwater management plan does not create or affect any right to direct runoff onto adjacent property without that property owner’s permission.
    2. The minimum information submitted for support of a stormwater management plan or application for a waiver shall be as follows:
    a. A brief narrative description of the project;
    b. Geotechnical investigations including soil maps, borings, site specific recommendations, and any additional information necessary for the proposed stormwater management design;
    c. Descriptions of all water courses, impoundments, and wetlands on or adjacent to the site or into which stormwater directly flows;
    d. Hydrologic computations, including drainage area maps depicting pre development and post development runoff flow path segmentation and land use;
    e. Hydraulic computations;
    f. Structural computations;
    g. Unified sizing criteria volume computations according to the Design Manual; and
    h. Any other information required by the city of Salisbury.
    3. Construction drawings submitted for stormwater management plan approval shall include the following:
    a. A vicinity map;
    b. Topography survey showing existing and proposed contours, including the area necessary to determine downstream analysis for proposed stormwater management facilities;
    c. Any proposed improvements including location of buildings or other structures, impervious surfaces, storm drainage facilities, and all grading;
    d. The location of existing and proposed structures and utilities;
    e. Any easements and rights-of-way;
    f. The delineation, if applicable, of the one hundred (100) year floodplain and any on-site wetlands;
    g. Structural and construction details for all components of the proposed drainage system or systems, and stormwater management facilities;
    h. All necessary construction specifications;
    i. A sequence of construction;
    j. Data for total site area, disturbed area, new impervious area, and total impervious area;
    k. A table showing the unified sizing criteria volumes required in the Design Manual;
    l. A table of materials to be used for stormwater management facility planting;
    m. All soil boring logs and locations;
    n. A maintenance schedule;
    o. Certification by the owner/developer that all stormwater management construction will be done according to this plan;
    p. An as-built certification signature block to be executed after project completion; and
    q. Any other information required by the city of Salisbury.
    C. Preparation of the Stormwater Management Plan.
    1. The design of stormwater management plans shall be prepared by and contain the seal of either a professional engineer, professional land surveyor, or landscape architect licensed in the state, as necessary to protect the public or the environment. If any component of the stormwater management plan design is required by Maryland law to be performed by a registered professional other than the preparer of the overall plan, than that professional shall also attach his/her seal to the plan.
    2. If a stormwater BMP requires either a dam safety permit from the Administration or small pond approval from the Wicomico Soil Conservation District (WSCD), the city of Salisbury shall require that the design be prepared by a professional engineer licensed in the state. (Ord. 1844 (part), 2002)

Section 13.28.070 Permits.
    A. Permit Requirement. A grading or building permit may not be issued for any parcel or lot unless a stormwater management plan has been approved or waived by the city of Salisbury as meeting all the requirements of this chapter. Where appropriate, a building permit may not be issued without:
    1. A recorded stormwater management maintenance and inspection agreement;
    2. A project surety; and
    3. Permission from adjacent property owners as necessary.
    B. Permit Fee. A non-refundable permit fee will be collected before the stormwater management plan or application for waiver is approved. The permit fee will provide for the cost of plan review, administration, and management of the permitting process, and inspection of all projects subject to this chapter. A permit fee schedule shall be established by the city of Salisbury based upon the relative complexity of the project and may be amended from time to time.
    C. Permit Suspension and Revocation. Any grading or building permit issued by the city of Salisbury may be suspended or revoked after written notice is given to the permittee for any of the following reasons:
    1. Any violation(s) of the conditions of the stormwater management plan approval.
    2. Changes in site runoff characteristics upon which an approval or waiver was granted.
    3. Construction is not in accordance with the approved plan.
    4. Noncompliance with correction notice(s) or stop work order(s) issued for the construction of the stormwater management facility.
    5. An immediate danger exists in a downstream area in the opinion of the city of Salisbury.
    D. Permit Conditions. In granting the plan approval, the city of Salisbury may impose such conditions that may be deemed necessary to ensure compliance with the provisions of this chapter and the preservation of public health and safety. (Ord. 1844 (part), 2002)

Section 13.28.080 Performance bond.
The city of Salisbury shall require from the developer a surety or performance bond, irrevocable letter of credit, or other means of security acceptable to the city of Salisbury prior to the issuance of any building and/or grading permit for the construction of a development requiring a stormwater management facility. The amount of the security shall not be less than the total estimated construction cost of the stormwater management facility. The surety required in this section shall include provisions relative to forfeiture for failure to complete work specified in the approved stormwater management plan, compliance with all of the provisions of this chapter, and other applicable laws and regulations, and any time limitations. The surety shall not be fully released without a final inspection of the completed work by the city of Salisbury, submission of ‘as-built" plans and acceptance of same by the city of Salisbury, and certification of completion by the city of Salisbury that the stormwater management facilities comply with the approved plan and the provisions of this chapter. A procedure may be used to release parts of the surety held by the city of Salisbury after various stages of construction have been completed and accepted by the city of Salisbury. (Ord. 1844 (part), 2002)

Section 13.28.090 Inspection.
    A. Inspection Schedule and Reports.
    1. The developer shall notify the city of Salisbury at least forty-eight (48) hours before commencing any work in conjunction with the stormwater management plan and upon completion of the project when a final inspection will be conducted.
    2. Inspections shall be conducted by the city of Salisbury, its authorized representative, or certified by a professional engineer licensed in the state. Written inspection reports shall be made of the periodic inspections necessary during construction of stormwater management systems to ensure compliance with the approved plans.
    3. Written inspection reports shall include:
    a. The date and location of the inspection;
    b. Whether construction was in compliance with the approved stormwater management plan;
    c. Any variations from the approved construction specifications; and
    d. Any violations that exist.
    4. The owner/developer and on-site personnel shall be notified in writing when violations are observed. Written notification shall describe the nature of the violation and the required corrective action.
    5. No work shall proceed until the city of Salisbury inspects and approves the work previously completed and furnishes the developer with the results of the inspection reports as soon as possible after completion of each required inspection.
    B Inspection Requirements During Construction.
    1. At a minimum regular inspections shall be made and documented at the following specified stages of construction:
    a. For ponds:
    i. Upon completion of excavation to sub-foundation and when required, installation of structural supports or reinforcement for structures, including but not limited to:
    (A) Core trenches for structural embankments;
    (B) Inlet and outlet structures, anti-seep collars or diaphragms, and watertight connectors on pipes; and
    (C) Trenches for enclosed storm drainage facilities;
    ii.During placement of structural fill, concrete, and installation of piping and catch basins;
   iii. During backfill of foundations and trenches;
    iv. During embankment construction; and
    v. Upon completion of final grading and establishment of permanent stabilization.
    b. Wetlands. At the stages specified for pond construction in subsection B(1)(a) of this section, during and after wetland reservoir area planting, and during the second growing season to verify a vegetation survival rate of at least fifty (50) percent.
    c. For infiltration trenches:
    i. During excavation to subgrade;
    ii. During placement and backfill of underdrain systems and observation wells;
    iii. During placement of geotextiles and all filter media;
    iv. During construction of appurtenant conveyance systems such as diversion structures, pre-filters and filters, inlets, outlets, and flow distribution structures; and
    v. Upon completion of final grading and establishment of permanent stabilization;
    d. For Infiltration Basins. At the stages specified for pond construction in subsection B(1)(a) of this section and during placement and backfill of underdrain systems.
    e. For filtering systems:
    i. During excavation to subgrade;
    ii. During placement and backfill of underdrain systems;
    iii. During placement of geotextiles and all filter media;
    iv. During construction of appurtenant conveyance systems such as flow diversion structures, pre-filters and filters, inlets, outlets, orifices, and flow distribution structures; and
    v. Upon completion of final grading and establishment of permanent stabilization.
    f. For open channel systems:
    i. During excavation to subgrade;
    ii. During placement and backfill of underdrain systems for dry swales;
    iii. During installation of diaphragms, check dams, or weirs; and
    iv. Upon completion of final grading and establishment of permanent stabilization.
    g. For Nonstructural Practices. Upon completion of final grading, the establishment of permanent stabilization, and before issuance of use and occupancy approval.
    2. The city of Salisbury may, for enforcement purposes, use any one or a combination of the following actions:
    a. A notice of violation shall be issued specifying the need for a violation to be corrected if stormwater management plan noncompliance is identified;
    b. A stop work order shall be issued for the site by the city of Salisbury if a violation persists;
    c. Bonds or securities may be withheld or the case may be referred for legal action if reasonable efforts to correct the violation have not been undertaken; or
    d. In addition to any other sanctions, a civil action or criminal prosecution may be brought against any person in violation of the stormwater management subtitle or this chapter.
    3. Any step in the enforcement process may be taken at any time, depending on the severity of the violation.
    4. Once construction is complete, as-built plan certification shall be submitted by either a professional engineer or professional land surveyor licensed in the state to ensure that constructed stormwater management practices and conveyance systems comply with the specifications contained in the approved plans. At a minimum, as-built certification shall include a set of drawings comparing the approved stormwater management plan with what was constructed. The city of Salisbury may require additional information.
    5.The city of Salisbury shall submit notice of construction completion to the administration on a form supplied by the administration for each stormwater management practice within sixty (60) days of construction completion. If BMPs requiring SCD approval are constructed, notice of construction completion shall also be submitted to the appropriate SCD. (Ord. 1844 (part), 2002)

Section 13.28.100 Maintenance.
    1. The city of Salisbury shall ensure that preventative maintenance is performed by inspecting all stormwater management systems. Inspection shall occur during the first year of operation and at least once every three years thereafter. In addition, a maintenance and inspection agreement between the owner and the city of Salisbury shall be executed for privately owned stormwater management systems as described in subsection B of this section.
    2. Inspection reports shall be maintained by the city of Salisbury for all stormwater management systems.
    3. Inspection reports for stormwater management systems shall include the following:
    a. The date of inspection;
    b. Name of inspector;
    c. The condition of:
    i. Vegetation or filter media;
    ii. Fences or other safety devices;
    iii. Spillways, valves, or other control structures;
    iv. Embankments, slopes, and safety benches;
    v. Reservoir or treatment areas;
    vi. Inlet and outlet channels or structures;
    vii. Underground drainage;
    viii. Sediment and debris accumulation in storage and forebay areas;
    ix. Any nonstructural practices to the extent practicable; and
    x. Any other item that could affect the proper function of the stormwater management system.
    d. Description of needed maintenance.
    4. After notification is provided to the owner of any deficiencies discovered from an inspection of a stormwater management system, the owner shall have thirty (30) days or other time frame mutually agreed to between the city of Salisbury and the owner to correct the deficiencies. The city of Salisbury shall then conduct a subsequent inspection to ensure completion of the repairs.
    5. If repairs are not undertaken or are not found to be done properly, then enforcement procedures following subsection B(3) of this section shall be followed by the city of Salisbury.
    6. If, after an inspection by the city of Salisbury, the condition of a stormwater management facility presents an immediate danger to the public health or safety, because of an unsafe condition or improper maintenance, the city of Salisbury shall take such action as may be necessary to protect the public and make the facility safe. Any cost incurred by the city of Salisbury shall be assessed against the owner(s), as provided in subsection B(3).
    B. Maintenance and Inspection Agreement.
    1. Prior to the issuance of any building permit for which stormwater management is required, the city of Salisbury shall require the applicant or owner to execute a maintenance and inspection agreement binding on all subsequent owners of land served by a private stormwater management facility. Such agreement shall provide for access to the facility at reasonable times for regular inspections by the city of Salisbury or its authorized representative to ensure that the facility is maintained in proper working condition to meet design standards.
    2. The agreement shall be recorded in the land records of Wicomico County.
    3. The agreement shall also provide that, if after notice by the city of Salisbury to correct a violation requiring maintenance work, satisfactory corrections are not made by the owner(s) within a reasonable period of time (thirty (30) days maximum), the city of Salisbury 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 tax bill and collected as ordinary taxes by the city of Salisbury.
    C. Maintenance Responsibility.
    1. The owner of the property on which work has been done pursuant to this chapter for private stormwater management facilities, or any other person or agent in control of such property, shall maintain in good condition and promptly repair and restore all grade surfaces, walls, drains, dams and structures, vegetation, erosion and sediment control measures, and other protective devices. Such repairs or restoration and maintenance shall be in accordance with approved plans.
    2. A maintenance schedule shall be developed for the life of any stormwater management facility and shall state the maintenance to be completed, the time period for completion, and who shall perform the maintenance. This maintenance schedule shall be printed on the approved stormwater management plan. (Ord. 1844 (part), 2002)

Section 13.28.110 Appeals.
Any person aggrieved by the action of any official charged with the enforcement of this chapter, as the result of the disapproval of a properly filed application for a permit, issuance of a written notice of violation, or an alleged failure to properly enforce this chapter in regard to a specific application, shall have the right to appeal the action to the Salisbury city council. The appeal shall be filed in writing within thirty (30) days of the date of official transmittal of the final decision or determination to the applicant, shall state clearly the grounds on which the appeal is based, and shall be duly processed by the city council. If the property owner, developer or other interested party deems the decision of the city council to be unreasonable or arbitrary in the premises, an appeal will lie to the circuit court for Wicomico County, Maryland, provided that the appeal is taken within thirty (30) days after the final decision has been rendered by the Salisbury city council. (Ord. 1844 (part), 2002)