Stormwater permits in Maryland are essential for managing runoff to protect local waterways and the Chesapeake Bay. The Maryland Department of the Environment (MDE) oversees these permits, which are categorized into three main types:

• Industrial Stormwater Discharge Permits: Regulate runoff from industrial sites like manufacturing plants to prevent pollution.
• Construction Activity Stormwater Permits: Required for projects disturbing one acre or more of land to control erosion and sediment during construction.
• Municipal Separate Storm Sewer System (MS4) Permits: Manage stormwater in municipal drainage systems, focusing on reducing pollution and improving water quality.

Each permit type has specific requirements, eligibility criteria, and compliance obligations. For example, industrial facilities need pollution prevention plans, while construction projects must implement erosion control measures. MS4 permits require municipalities to address impervious surface runoff and implement public education programs. Understanding these permits is critical for property owners, developers, and municipalities to meet regulatory standards and safeguard water resources.

MDE Guidance For Protecting Stormwater Best Management Practices During Construction November 2023

1. Industrial Stormwater Discharge Permits

Maryland’s approach to managing stormwater includes a specific focus on industrial runoff, which is addressed through Industrial Stormwater Discharge Permits. These permits are designed to regulate stormwater runoff from industrial sites like manufacturing and processing facilities, ensuring they meet both state and federal environmental standards to safeguard local waterways.

Purpose and Coverage

The main goal of these permits is to control and authorize stormwater discharges linked to industrial activities in Maryland ^[1]. They apply to both existing and new stormwater discharges connected to industrial operations ^[1]. Facilities operating in Maryland that meet the regulatory definition of industrial activity are required to comply ^[2]. This includes operations previously covered under permit 02-SW or those identified by the Maryland Department of the Environment (MDE) as eligible under Sector AD: Non-Classified Facilities. Additionally, some discharges under individual or general permits are partially covered by Chesapeake Bay Restoration efforts ^[2].

Certain discharges, however, are excluded from this permit category. These include industrial stormwater discharges subject to federal effluent guideline limitations and runoff from inactive mining or oil and gas operations located on federal lands ^[1]. These exclusions clarify which industrial operations fall under Maryland’s permit requirements.

Eligible Applicants

Industrial sites such as manufacturing plants, processing facilities, and storage yards must obtain these permits if their runoff has the potential to carry pollutants. However, facilities may qualify for a "No Exposure Exclusion" if they meet specific criteria set by the MDE, meaning their operations do not expose pollutants to stormwater ^[2].

2. Construction Activity Stormwater Permits

In Maryland, construction projects must actively manage stormwater to help prevent water pollution. To regulate stormwater discharges from construction activities, Construction Activity Stormwater Permits are required.

Purpose and Coverage

These permits are designed to control stormwater discharges from construction sites ^[3][4]. The requirement applies to any project that disturbs one acre or more of land, setting a clear threshold for when a permit becomes mandatory.

Eligible Applicants

If your construction project involves disturbing at least one acre of land, you must secure a permit before breaking ground ^[3][4]. This applies to a wide range of projects, all overseen by the Maryland Department of Environment (MDE) ^[4].

Compliance Requirements

The permits are grounded in federal laws like the Clean Water Act Section 402, 40 CFR 122.26, and 40 CFR 450, alongside Maryland state regulations (Environment Article, Title 9, Subtitle 3: COMAR 26.08.04) ^[4]. Applicants must develop plans that include:

• Erosion and sediment control measures
• Stormwater management strategies
• Monitoring protocols to ensure compliance

Reporting Obligations

The application process involves specific fees and timelines. Fees range from $100.00 to $2,500.00, depending on the project’s scope, and the approval process typically takes about 45 days ^[4]. These requirements align with Maryland’s broader stormwater management policies, ensuring consistent regulation across the state.

3. Municipal Storm Sewer System (MS4) Permits

MS4 permits are essential tools for safeguarding Maryland’s water quality. These permits oversee drainage systems that collect and channel stormwater runoff through inlets and pipes, eventually discharging it into local waterways. Unlike sanitary sewers, which handle wastewater, MS4s are dedicated solely to managing stormwater. This distinction makes them a key component in efforts to enhance regional water quality and restore the Chesapeake Bay. While industrial and construction sites are governed by separate permits, MS4 permits specifically address municipal drainage systems.

Purpose and Coverage

At the heart of Maryland’s Chesapeake Bay restoration plan, MS4 permits aim to improve local water quality by regulating stormwater discharges and curbing pollution. The program operates in two phases: Phase I applies to larger cities and counties, while Phase II extends coverage to smaller communities, including Smithsburg, Boonsboro, Hagerstown, and Williamsport ^[5].

Eligible Applicants

The Maryland Department of the Environment determines which municipalities qualify for MS4 permits, primarily based on population density. Phase I permits are issued to urban areas with populations of 100,000 or more, while Phase II permits target smaller urbanized areas, broadening the program’s reach across Maryland. For instance, Anne Arundel County was among the first to receive a Phase I NPDES MS4 permit in 1993 ^[6]. Later, in 2018, the program expanded under Phase II to include the Town of Easton, along with 29 other municipalities and six counties ^[7].

Compliance Requirements

To meet MS4 permit standards, municipalities must take steps to reduce stormwater pollution. One critical requirement involves treating 20% of impervious surfaces – areas like roads and parking lots – using practices such as rain gardens, bioretention ponds, and grass swales. Additionally, permit holders must create programs that address six core control measures:

• Public Education and Outreach: Raising awareness about stormwater’s impact on the environment.
• Public Participation and Involvement: Encouraging community involvement in stormwater management initiatives.
• Illicit Discharge Detection and Elimination: Identifying and removing unauthorized discharges into storm drains.
• Construction Site Stormwater Runoff Control: Managing pollution from active construction projects.
• Post-Construction Stormwater Management: Ensuring long-term water quality protection after development.
• Pollution Prevention and Good Housekeeping: Reducing stormwater pollution caused by municipal operations ^[5].

Reporting Obligations

Municipalities holding MS4 permits are required to submit annual reports outlining their compliance efforts. These reports track progress on treating impervious areas and implementing the six control measures, ensuring accountability and continued focus on improving water quality.

sbb-itb-843f8be

Advantages and Disadvantages

Now that we’ve covered the types of permits, let’s break down their practical pros and cons. Each type has its own strengths and challenges, shaping how stakeholders approach compliance and resource allocation. Here’s a side-by-side comparison of the key aspects for each permit:

Here’s a closer look at the advantages and challenges of each permit type, focusing on costs, compliance, and administrative demands.

Industrial Permits
These permits prioritize environmental safety by enforcing strict monitoring standards, which significantly reduce contamination risks. However, they can be expensive for smaller facilities, as ongoing monitoring often requires specialized equipment and training. This financial burden can be a challenge for businesses operating on tighter budgets.

Construction Activity Permits
Designed to align with project timelines, these permits are generally affordable for short-term construction. Contractors familiar with erosion control practices often find the process straightforward. However, unexpected factors like site-specific challenges or weather delays can drive up costs, adding an element of unpredictability to compliance.

MS4 Permits
MS4 permits offer community-wide benefits by tackling stormwater management on a larger scale. Municipalities may qualify for federal funding and technical assistance, which can ease some financial strain. However, these permits demand long-term investments in infrastructure and program maintenance. Coordination is key, as municipalities must work with contractors, developers, and local groups to meet permit requirements. Non-compliance may lead to federal intervention, though enforcement tends to rely on collaboration rather than penalties.

Administrative Complexity
The scope of each permit affects its administrative workload. Industrial permits, while detailed, typically focus on individual facilities. Construction permits involve multiple parties but are tied to specific project timelines, making them more manageable. MS4 permits, on the other hand, require extensive coordination across various stakeholders, making them the most administratively demanding.

Each permit type brings unique operational challenges and benefits. Understanding these differences is essential for developing effective compliance strategies that align with project goals and budgets.

Conclusion

In Maryland, stormwater permits are divided into three main categories, each addressing distinct needs: industrial permits focus on preventing contamination from specific facilities, construction permits manage the environmental impact of building activities, and MS4 permits regulate municipal drainage systems, requiring collaboration among various stakeholders.

These permit types directly influence project planning. For property owners, it’s crucial to define the project scope early, as different projects trigger different permit requirements. Contractors, on the other hand, should familiarize themselves with local jurisdictional processes, which can vary significantly – Baltimore County‘s requirements, for instance, might differ from those in other areas ^[8].

Municipalities face unique challenges under MS4 permits, which demand coordination across departments and stakeholders. A recent example is the Maryland Department of the Environment’s issuance of permit 20-SW, which took effect on February 1, 2023, highlighting the complexity of these regulations.

To navigate these requirements effectively, consider working with professional experts who specialize in stormwater management. They can help craft detailed plans that ensure compliance with all necessary permits. For professional assistance, check out Pro Landscapes MD, where you’ll find services designed to simplify permit processes and streamline project execution.

Finally, consulting directly with municipal departments is key to obtaining the most accurate and up-to-date information, as online resources may not always reflect the latest changes ^[9]. Whether your focus is on industrial facilities, construction projects, or municipal infrastructure, a clear understanding of these permit types ensures compliance and efficient use of resources throughout your project.

FAQs

What are the requirements to qualify for a ‘No Exposure Exclusion’ under Maryland’s Industrial Stormwater Permits?

‘No Exposure Exclusion’ in Maryland

In Maryland, facilities can qualify for a ‘No Exposure Exclusion’ if all industrial materials and activities are fully shielded from stormwater exposure. This means items like equipment, raw materials, and waste must be stored in structures that can withstand storms and prevent any contact with stormwater.

To secure this exclusion, facilities must provide certification to the permitting authority, confirming that no exposure to stormwater occurs. This approach simplifies compliance for eligible facilities while contributing to the protection of water quality by preventing pollutants from entering stormwater runoff.

What are the stormwater permit requirements for construction projects disturbing less than one acre in Maryland?

In Maryland, construction projects that disturb less than an acre of land usually don’t need a Construction Activity Stormwater Permit – unless they are part of a larger development plan or fall under specific local rules. However, projects impacting one acre or more almost always require a permit. Even smaller projects might still need one if they’re tied to a larger development or meet other special conditions.

For smaller projects, it’s crucial to check both local and state regulations to stay compliant with stormwater management rules and steer clear of possible fines.

What challenges do municipalities face with MS4 permits, and how can they overcome them?

Municipalities often grapple with hurdles when it comes to MS4 (Municipal Separate Storm Sewer System) permits. Common obstacles include budget constraints, limited personnel, high compliance expenses, and the challenge of adapting to evolving regulations. These factors can make it tough to meet the required standards effectively.

To address these issues, municipalities can take proactive steps like simplifying processes, consulting stormwater management experts, and working closely with regulatory agencies to stay updated on changes and expectations. Additionally, investing in staff training and embracing modern practices can help maintain compliance while keeping costs under control.

Related posts

• Maryland Stormwater Act Overview
• Maryland Stormwater Certification Requirements
• CGP Guidelines for SWPPP in Maryland
• Maryland Drainage Permits: What to Know