reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.01 - General › Section 26.08.01.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. General.
(1) The following definitions describe the
				  meaning of terms used in the water quality and water pollution control
				  regulations of the Department of the Environment (COMAR
				  26.08.01-26.08.04).
(2) The terms
				  "discharge", "discharge permit", "disposal system", "effluent limitation",
				  "industrial user", "national pollutant discharge elimination system", "person",
				  "pollutant", "pollution", "publicly owned treatment works", and "waters of this
				  State" are defined in the Environment Article, §§
											1-101,
				  9-101, and
				  9-301, Annotated Code of
				  Maryland. The definitions for these terms are provided below as a convenience,
				  but persons affected by the Department's water quality and water pollution
				  control regulations should be aware that these definitions are subject to
				  amendment by the General Assembly.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.01 - General › Section 26.08.01.02 - Principles of Water Pollution Control

Current through Register Vol. 51, No. 14, July 12, 2024
A. General. In the exercise of its
				  responsibilities to improve, conserve, and manage the quality of the waters of
				  the State, the Department recognizes and shall utilize the general principles
				  set forth in this regulation for decision making and action.
B. Sampling and Analysis.
(1) Samples shall be collected, and preserved
				  as necessary, using procedures and precautions as specified in "Guidelines
				  Establishing Test Procedures for Analysis of Pollutants" ( 40 CFR 136 ) as
				  amended.
(2) Collections shall be
				  make by trained personnel in such manner and place, and of such type, number,
				  and frequency as to assure that samples:
(a)
				  Are representative of prevailing conditions; and
(b) Will accurately reflect, upon analysis,
				  the effect of any discharges to the waters of the State.
(3) Analysis shall be performed according to
				  procedures and precautions described in the above-mentioned "Guidelines
				  Establishing Test Procedures for Analysis of Pollutants".
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.02 - Water Quality › Section 26.08.02.01 - Surface Water Quality Protection

Current through Register Vol. 51, No. 14, July 12, 2024
A. Purpose. To protect surface water quality,
				  this State shall adopt water quality standards to:
(1) Protect public health or
				  welfare;
(2) Enhance the quality of
				  water;
(3) Protect aquatic
				  resources; and
(4) Serve the
				  purposes of the Federal Act.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.02 - Water Quality › Section 26.08.02.02 - Designated Uses

Current through Register Vol. 51, No. 14, July 12, 2024
A. General.
(1) The determination of the designated use
				  of a water body shall include consideration of the following factors:
(a) Existing conditions; and
(b) Potential uses which may be made possible
				  by anticipated improvements in water quality.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.02 - Water Quality › Section 26.08.02.02-1 - Support of Estuarine and Marine Aquatic Life and Shellfish Harvesting

Current through Register Vol. 51, No. 14, July 12, 2024
A. Class II
				  includes the subcategories of designated uses described in this
				  section.
B. Shellfish Harvesting.
				  This subcategory includes waters where there are:
(1) Actual or potential areas for the
				  harvesting of oysters, soft-shell clams, hard-shell clams, or brackish water
				  clams; or
(2) Actual or potential
				  areas suitable for the propagation or storage of oysters, hard-shell clams,
				  soft-shell clams, and brackish water clams for marketing purposes, except areas
				  excluded by the Department.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.02 - Water Quality › Section 26.08.02.03 - Surface Water Quality Criteria

Current through Register Vol. 51, No. 14, July 12, 2024
A. Applicability.
(1) Surface water quality criteria shall
				  apply:
(a) In fresh water streams and rivers:
(i) For toxic substances, under the
				  conditions stipulated in Regulations .03-2A and .05A, and
(ii) Under design stream flow for all other
				  substances;
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.02 - Water Quality › Section 26.08.02.03-1 - Toxic Substance Water Quality Criteria for Surface Waters

Current through Register Vol. 51, No. 14, July 12, 2024
A. General.
(1) Numerical toxic substance criteria for
				  ambient surface waters are established to protect human health or aquatic
				  life.
(2) Four types of numerical
				  toxic substance criteria shall be adopted. The purpose of these criteria is to
				  protect:
(a) Human health through ingestion of
				  public water supplies;
(b) The
				  wholesomeness of fish for human consumption;
(c) Fresh, estuarine, and salt water aquatic
				  life from acute toxicity impacts; and
(d) Fresh, estuarine, and salt water aquatic
				  life from chronic toxicity impacts.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.02 - Water Quality › Section 26.08.02.03-2 - Numerical Criteria for Toxic Substances in Surface Waters

Current through Register Vol. 51, No. 14, July 12, 2024
A. Numerical
				  toxic substance criteria shall be applied:
(1) In intermittent streams, at the end of
				  the discharge pipe; and
(2) In all
				  other water bodies, at the edge of the mixing zones determined in accordance
				  with Regulation .05C-E of this chapter.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.02 - Water Quality › Section 26.08.02.03-3 - Water Quality Criteria Specific to Designated Uses

Current through Register Vol. 51, No. 14, July 12, 2024
A. Criteria for
				  Class I Waters - Water Contact Recreation and Protection of Nontidal Warmwater
				  Aquatic Life.
(1) Bacteriological.
(a) Table 1. Bacteria Indicator Criteria
				  Magnitudes
Geometric Mean
Statistical Threshold Value
Indicator
Enterococci (fresh or marine) - culturable
35
130
E. coli (fresh) - culturable
126
410
All magnitudes in Table 1 are expressed as counts per 100
					 milliliters
(b) The
				  geometric mean of samples taken over a 90 day period shall not exceed the
				  steady state geometric mean values for the given indicator.
(c) 10 percent of samples taken over a 90 day
				  period shall not exceed the statistical threshold value.
(d) When a sanitary survey and an epidemiological
				  study approved by the Department disclose no significant health hazard, the
				  criteria in Table 1 do not apply.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.02 - Water Quality › Section 26.08.02.03-4 - Biological Water Quality Criteria

Current through Register Vol. 51, No. 14, July 12, 2024
A. Quantitative assessments of biological
				  communities in streams (biological criteria) may be used separately or in
				  conjunction with the chemical and physical criteria promulgated in this chapter
				  to assess whether water quality is consistent with the purposes and uses in
				  Regulations .01 and .02 of this chapter.
B. The results of the quantitative
				  assessments of biological communities shall be used for purposes of water
				  quality assessment, including, but not limited to, those assessments required
				  by §§ 303(d) and 305(b) of the federal Clean Water Act (33 U.S.C. §§
											1313(d) and
				  1315(b)).
C. These assessments shall use documented
				  methods that have been subject to technical review, produce consistent and
				  repeatable results, and are objectively interpretable.
D. In using biological criteria to determine
				  whether aquatic life uses are being met, the Department shall allow for the
				  uncertainty and natural variability in environmental monitoring results by
				  using established quantitative and statistical methodologies to establish the
				  appropriate level of uncertainty for these determinations.
E. The Department shall determine whether the
				  application and interpretation of the assessment method are appropriate. In
				  those instances where the Department determines the assessment method is not
				  appropriate, it will provide its justification for that
				  determination.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.02 - Water Quality › Section 26.08.02.04 - Anti-degradation Policy

Current through Register Vol. 51, No. 14, July 12, 2024
A. Waters of
				  this State shall be protected and maintained for existing uses and the basic
				  uses of water contact recreation, fishing, protection of aquatic life and
				  wildlife, and agricultural and industrial water supply as identified in the Use
				  Class designations.
B. Consistent
				  with the Federal Act, existing uses and the level of water quality necessary to
				  protect existing uses for any water body shall be maintained.
C. Certain waters of this State possess an
				  existing quality that is better than the water quality standards established
				  for them. The quality of these waters shall be maintained unless:
(1) The Department determines a change in
				  quality is justifiable as a result of necessary economic or social development;
				  and
(2) The change will not diminish
				  uses made of, or presently existing, in these waters.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.02 - Water Quality › Section 26.08.02.04-1 - Antidegradation Policy Implementation Procedures: Tier I Level of Protection - Existing Uses and Designated Uses

Current through Register Vol. 51, No. 14, July 12, 2024
A. All waters
				  of the State shall receive Tier I protection which requires the protection and
				  maintenance of existing uses and designated uses.
B. Protections. Waters that have demonstrated
				  an existing use that is not protected by the water quality criteria specified
				  for the current designated use for this water body shall be protected so as to
				  maintain the existing use and the water quality necessary to protect the
				  existing use.
C. Implementation of
				  the Tier I level of Protection for Cold Water Existing Uses. The determination
				  and protection of cold water existing uses in Maryland will be implemented
				  according to the "Cold Water Existing Use Determinations: Policy and Procedures
				  (Maryland Department of the Environment, May 12, 2021)", which is incorporated
				  by reference.
D. Compilation and
				  Maintenance of the List of Waters with Existing Uses. The Department shall
				  compile and maintain, on its website, a public list of the waters with an
				  existing use that is not protected by the currently designated use and
				  associated water quality criteria.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.02 - Water Quality › Section 26.08.02.04-2 - Antidegradation Policy Implementation Procedures: Tier II Level of Protection - High Quality Waters

Current through Register Vol. 51, No. 14, July 12, 2024
A. In Maryland,
				  the term "Tier II water" is defined as a water body with water quality that
				  measures significantly better than that required by water quality standards to
				  support its designated uses. A Tier II watershed is defined as the area of land
				  that contributes runoff to a Tier II waterbody and any discharges to streams
				  upstream of and including the Tier II waterbody. Significantly better is
				  evaluated statistically to demonstrate at least a 90 percent certainty that the
				  mean of the available data is better than the applicable standard (for example,
				  the criterion is outside the outer bound of the 90 percent confidence
				  interval). Water quality is considered significantly better and waters may be
				  listed as Tier II, if the exclusion under §D of this regulation does not apply
				  and if:
(a) Measured water quality
				  characteristics for which numeric criteria have been promulgated are
				  significantly better than the water quality criteria specified in Regulations
				  .03-.03-3 of this chapter; or
(b)
				  Maryland Biological Stream Survey assessment data indicate that both fish and
				  benthic values of the index of biological integrity are 4.00 or
				  greater.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.02 - Water Quality › Section 26.08.02.04-3 - Antidegradation Policy Implementation Procedures: Tier III Level of Protection - Outstanding National Resource Waters

Current through Register Vol. 51, No. 14, July 12, 2024
A. Scope. There
				  are many tools available to protect special resources including the Smart
				  Growth Initiative, Rural Legacy Program, local comprehensive plans, Program
				  Open Space, and others that work through the private sector and nongovernment
				  organizations. This regulation applies the Tier III Outstanding National
				  Resource Waters (ONRW) designation only where the most stringent protection is
				  necessary and appropriate to protect and maintain existing exceptional
				  resources. Where high quality waters constitute an outstanding national
				  resource, such as waters of national and State parks and wildlife refuges, and
				  waters of exceptional recreational or ecological significance, that water
				  quality shall be maintained and protected.
B. Definitions.
(1) Exceptional Biological Resources.
(a) "Exceptional biological resources" means
				  ecologically significant aquatic or wetland habitat that is:
(i) Distinctive because of its unique or very
				  rare combination of natural species and communities; and
(ii) Dependent on maintaining high or
				  pristine water quality or special conditions of existing water quality, such as
				  a bog, which can best be assured protection by no new or increased
				  discharge.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.02 - Water Quality › Section 26.08.02.05 - Surface Water Mixing Zones

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  General.
(1) Effluents may be mixed with
				  surface waters in the mixing zone.
(2) Effluents may not be treated in the
				  mixing zone.
(3) Lethality to
				  passing organisms may not occur in any mixing zone.
(4) Surface waters outside the mixing zones
				  shall meet the water quality criteria for that particular body of
				  water.
(5) Mixing zones may be
				  designated by the Department provided that the following requirements are met
				  outside the mixing zones:
(a) There shall be
				  no interference with biological communities or populations of indigenous
				  species to a degree which is damaging to the aquatic life or
				  ecosystem;
(b) There shall be no
				  diminishing of other legitimate beneficial uses;
(c) Mixing zones may not form barriers to the
				  migratory routes of aquatic life;
(d) Mixing zones shall be designated and
				  located to protect surface waters and shallow water shoreline areas;
(e) The general water quality criteria set
				  out in Regulation .03B(1)-(3) of this chapter apply within the mixing
				  zones.
(6) Complete
				  mixing within the mixing zone shall be assumed for toxic substance discharges
				  to streams, rivers, and estuaries unless site-specific information indicates
				  that another mixing pattern is more appropriate.
(7) Stream flows other than the design flow
				  values set forth in §§B-E of this regulation may be used, at the Department's
				  discretion, on a case-by-case basis for mixing zones associated with
				  noncontinuous discharges.
(8) Toxic
				  pollutants shall be treated as conservative substances when calculating
				  instream waste concentrations. The assumption of conservatism may be waived
				  based on pollutant-specific and site-specific information.
(9) Unless a later time is stipulated by the
				  Department, the discharger shall submit to the Department, at the time of
				  permit application, the mixing zone technique preferred for each of its
				  discharges, and actual mixing zone calculations together with supporting
				  documentation.
(10) A mixing zone
				  may not cause a significant human health risk, considering likely pathways of
				  human exposure.
(11) Except when
				  the applicant can demonstrate to the satisfaction of the Department that
				  adverse aquatic life or human health effect does not occur, overlapping mixing
				  zones are not permitted. Demonstration may include chemical monitoring, ambient
				  toxicity testing, or examination of benthic communities or fish
				  tissue.
(12) A mixing zone may not
				  be granted in water body segments with documented occurrences of any endangered
				  or threatened species listed under § 4 of the federal Endangered Species Act,
				  if that discharge would likely have an adverse effect on those
				  species.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.02 - Water Quality › Section 26.08.02.05-1 - Intermittent Streams

Current through Register Vol. 51, No. 14, July 12, 2024
A. New
				  wastewater discharges to intermittent streams are not permitted after the
				  effective date of this regulation except to resolve existing on-site sewage
				  disposal failures when other alternatives are not available.
B. Effluent limitations for discharge to
				  intermittent streams may not be less stringent than:
(1) The minimum national effluent guidelines
				  established under the Federal Act;
(2) Those levels necessary to maintain the
				  water quality standards of the intermittent stream and of downstream
				  segments;
(3) Those levels
				  necessary to protect the biological community of the intermittent stream;
				  or
(4) Those levels necessary to
				  protect public health.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.02 - Water Quality › Section 26.08.02.06 - Review and Revision

Current through Register Vol. 51, No. 14, July 12, 2024
A. Procedure.
				  Under State law and § 303(c) of the Federal Act, the Department shall review
				  and revise its water quality standards as appropriate. Changes shall be
				  transmitted to the EPA.
B. Hearing
				  Transcripts. Transcripts of public hearings on proposed standards revisions
				  shall be available for public inspection in the main office of the Department.
				  Transcripts shall be furnished to the EPA upon request.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.02 - Water Quality › Section 26.08.02.07 - Surface Water Use Designation

Current through Register Vol. 51, No. 14, July 12, 2024
A. All surface
				  waters of this State shall be protected for water contact recreation, fishing,
				  and protection of aquatic life and wildlife.
B. For interstate waters, these
				  classifications apply only to those waters within this State.
C. A stream segment is a distinct portion of
				  a sub-basin.
D. If the stream
				  segment limits are specified as beginning at a specific point, streams
				  terminating downstream of this point are not included in the same segment. For
				  example, "Deer Creek and all tributaries above Eden Mill Dam" does not include
				  Little Deer Creek.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.02 - Water Quality › Section 26.08.02.10 - Water Quality Certification

Current through Register Vol. 51, No. 14, July 12, 2024
A. General.
(1) The Federal Act prohibits the issuance of
				  a federal permit or license to conduct any activity which may result in any
				  discharge to navigable waters unless the applicant provides a certification
				  from this State that the activity does not violate State water quality
				  standards or limitations. This regulation establishes the procedures under
				  which this certification will be issued.
(2) Discharges permitted by the Department
				  under the National Pollutant Discharge Elimination System are certified by the
				  Department.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.02 - Water Quality › Section 26.08.02.11 - General Water Quality Certifications

Current through Register Vol. 51, No. 14, July 12, 2024
A. General Water Quality Certification (GWQC)
				  for Marsh Creation Projects.
(1) Scope of
				  Activity.
(a) Definition. Marsh creation
				  projects are defined as the vegetative stabilization of tidal shorelines and
				  nontidal stream banks that are subject to erosion.
(b) Exception. The projects certified by this
				  GWQC do not include marshes created for storm water management
				  purposes.
(c) Marsh Creation. The
				  creation of marshes includes the following activities:
(i) The placement of fill material such as
				  earth or sand;
(ii) The
				  construction of stone containment structures;
(iii) The grading of banks; and
(iv) The planting of Spartina alterniflora,
				  Spartina patens, or other species acceptable to the Department.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.02 - Water Quality › Section 26.08.02.12 - General Water Quality Certification (GWQC) for the Construction of Bulkheads

Current through Register Vol. 51, No. 14, July 12, 2024
A. Scope of
				  Activity.
(1) Definition. "Bulkheads" means
				  the structural stabilization of tidal and nontidal shorelines that are subject
				  to erosion.
(2) Exceptions.
(a) Bulkheads authorized by this GWQC do not
				  include structures which allow passage of a discharge pipe of any kind, such as
				  storm water outfalls and those outfalls regulated under State discharge
				  permits.
(b) Riprap revetments are
				  not authorized by this GWQC.
(3) Bulkhead Construction. The construction
				  of bulkheads includes the following activities:
(a) Driving of piles;
(b) Placement of a timber, aluminum, or steel
				  vertical shoreline erosion control structure;
(c) Placement of a gabion wall;
(d) Placement of backfill behind the
				  structure; and
(e) Placement of
				  riprap at the channelward toe of the structure.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.02 - Water Quality › Section 26.08.02.13 - General Water Quality Certification (GWQC) for the Placement of Riprap for Shore Protection

Current through Register Vol. 51, No. 14, July 12, 2024
A. Scope of
				  Activity.
(1) Definition. Riprap revetments
				  are defined as:
(a) A facing of loose stone,
				  brick, or masonry placed for the purpose of stabilizing tidal and nontidal
				  shorelines that are subject to erosion; and
(b) Being constructed with materials of
				  suitable size and weight to prevent their transport into the
				  waterway.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.03 - Discharge Limitations › Section 26.08.03.01 - Effluent Limitations

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Prohibited Discharges. The following discharges to the waters of this State are
				  prohibited:
(1) The discharge of any wastes
				  or waste waters regardless of volume unless:
(a) Authorized by a discharge permit,
				  or
(b) Subject to control or
				  modification required by a schedule of compliance established by this
				  State;
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.03 - Discharge Limitations › Section 26.08.03.02 - Use of Toxic Substances for Aquatic Life Management Purposes

Current through Register Vol. 51, No. 14, July 12, 2024
A. Scope. Any
				  person who adds toxic substances to the waters of this State for aquatic life
				  management purposes shall be governed by this regulation.
B. Restrictions on Use.
(1) Toxic substances may not be applied to,
				  discharged to, or deposited in the waters of this State in any way unless:
(a) The application, discharge, or deposit
				  meets all of the requirements imposed by this regulation; and
(b) Approval is given in accordance with this
				  regulation.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.03 - Discharge Limitations › Section 26.08.03.04 - Representative Important Species

Current through Register Vol. 51, No. 14, July 12, 2024
Representative important species (RIS) are those species
					 selected by the applicant and approved by the Department that exhibit one or
					 more of the following characteristics:
A. Species that are sensitive to adverse harm
				  from operations of the facility (for example, heat-sensitive
				  species);
B. Species that use the
				  local area as spawning or nursery grounds, or both, including those species
				  that migrate past the facility to spawn;
C. Species of commercial or recreational
				  value, or both;
D. Species that are
				  habitat formers and are critical to the functioning of the local
				  ecosystem;
E. Species that are
				  important links in the local food web;
F. Rare, threatened, or endangered
				  species;
G. Potential nuisance
				  organisms likely to be enhanced by plant operations.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.03 - Discharge Limitations › Section 26.08.03.05 - Cooling Water Intake Structures

Current through Register Vol. 51, No. 14, July 12, 2024
A. The location, design, construction, and
				  capacity of cooling water intake structures shall reflect the best technology
				  available (BTA) for minimizing adverse environmental impact.
B. The determination of BTA for minimizing
				  adverse environmental impact shall consider the effect of:
(1) Impingement loss as determined in §D of
				  this regulation; and
(2)
				  Entrainment loss as determined in §E of this regulation.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.03 - Discharge Limitations › Section 26.08.03.06 - Chlorine Discharges

Current through Register Vol. 51, No. 14, July 12, 2024
A. Biocide
				  Residual Levels. Biocide residual levels shall be controlled in the effluents
				  discharged to all surface waters of this State.
B. Use Designations III and III-P.
(1) Except as provided in §B(2) of this
				  regulation, the Department may not issue a permit allowing the use of chlorine
				  or chlorine-containing compounds in the treatment of wastewaters discharging to
				  Use III and Use III-P waters.
(2)
				  Chlorine or chlorine-containing compounds may be used in the treatment of
				  wastewaters discharged to Use III and Use III-P waters if the treatment
				  includes dechlorination to a level set by the Department, and if the sewage
				  treatment facility:
(a) Discharges an amount
				  of treated sewage that is less than 1 percent of the 7-day, 10-year low flow of
				  the receiving stream; or
(b) Was in
				  existence on July 1, 1981, is owned or operated by a local subdivision, is
				  required to convert from the use of chlorination to another system in order to
				  be permitted under this regulation, and matching federal funds are not
				  available to make the conversion.
(3) When an effluent discharged to a Use III
				  or Use III-P water contains chlorine or chlorine-containing compounds which did
				  not originate in the treatment of wastewater, the Department shall require
				  dechlorination, where appropriate, to a level established under §D of this
				  regulation.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.03 - Discharge Limitations › Section 26.08.03.07 - Control of the Discharge of Toxic Substances to Surface Waters

Current through Register Vol. 51, No. 14, July 12, 2024
A. General.
(1) The Department shall adopt toxic
				  substance criteria for any substance that the Department determines could
				  reasonably be expected to interfere with designated uses.
(2) If a discharge of a toxic substance not
				  identified in COMAR 26.08.02 occurs, the Department may:
(a) Adopt a water quality criterion for the
				  toxic substance in accordance with the emergency regulation procedure under
				  State Government Article, Annotated Code of Maryland;
(b) Ban the discharge of the toxic substance
				  under the general authorities in Environment Article, Title 9, Annotated Code
				  of Maryland;
(c) Modify any
				  existing discharge permit to include a limitation for the toxic substance, or
				  deny any new discharge permit until the Department determines the effect of the
				  discharge;
(d) Require
				  biomonitoring and chemical testing by any discharger to demonstrate the impact
				  of a toxic substance in the surface water; or
(e) Take any other action permitted by
				  applicable law.
(3)
				  Compliance with permit limits based on toxic substance criteria shall be
				  determined through application of a standard method accepted by the Department
				  for the measurement of the toxic substance.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.03 - Discharge Limitations › Section 26.08.03.08 - Remining

Current through Register Vol. 51, No. 14, July 12, 2024
A. Purpose. This
				  regulation establishes the criteria under which the Department shall determine:
(1) That an application for a coal remining
				  NPDES permit has the potential to improve water quality as required under § 301
				  of the Federal Water Pollution Control Act (33 U.S.C. §
												1311);
(2) If an applicant for an NPDES permit to
				  discharge pollutants from coal remining qualifies for a variance from the State
				  water quality standards; and
(3)
				  The appropriate effluent limitations for pH, iron, and manganese and other
				  requirements in any NPDES permit issued for coal remining at a specific
				  site.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.03 - Discharge Limitations › Section 26.08.03.09 - Animal Feeding Operations

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Animal Feeding Operation Size Categories.
(1)
				  A large, medium, or small AFO is an AFO housing the number of animals or with
				  the total house capacity identified in the column labeled large, medium, or
				  small, respectively, in Table 1.
(2) The number of animals or, for dry manure
				  chicken operations, house capacity shall be based on:
(a) The total at the site; or
(b) For adjacent sites involving any common
				  ownership or operation, the combined total of all sites where the production,
				  manure management, or storage operations are collectively owned or
				  managed.
(3) Table 1.
				  Small, Medium, and Large AFO Size Categories.
Size Category-Number of Animals or Total
							 House Capacity (square feet)
Animal Type
Large-greater than or equal to
Medium
Small-less than
Cattle (includes heifers)
1,000 animals
300-999 animals
300 animals
Dairy cattle
700 animals
200-699 animals
200 animals
Horses
500 animals
150-499 animals
150 animals
Veal
1,000 animals
300-999 animals
300 animals
Swine greater than 55 pounds
2,500 animals
750-2,499 animals
750 animals
Swine less than 55 pounds
10,000 animals
3,000-9,999 animals
3,000 animals
Sheep/lambs
10,000 animals
3,000-9,999 animals
3,000 animals
Ducks with liquid manure handling
5,000 animals
1,500-4,999 animals
1,500 animals
Chickens with liquid manure handling
30,000 animals
9,000-29,999 animals
9,000 animals
Ducks with dry manure handling
30,000 animals
10,000-29,999 animals
10,000 animals
Laying hens with dry manure handling
82,000 animals
25,000-81,999 animals
25,000 animals
Chickens (other than laying hens) with dry manure
							 handling
125,000 animals or 100,000 square feet
37,500-124,999 animals and less than 100,000 square
							 feet
37,500 animals
Turkeys
55,000 animals
16,500-54,999 animals
16,500 animals
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.04 - Permits › Section 26.08.04.01 - Discharge Permits Required

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Issuance of Discharge Permits. The Department shall issue State discharge
				  permits or NPDES permits in accordance with provisions and conditions of COMAR
				  26.08.01-26.08.04 and 26.08.08, to satisfy the regulatory requirements of the
				  National Pollutant Discharge Elimination System (NPDES), established under the
				  Federal Act.
B. Activities for
				  Which Discharge Permits Are Required. A person may not commit any of the
				  following acts except as authorized by a discharge permit issued by the
				  Department:
(1) Except as provided in COMAR
				  26.08.02.09A(3)
				  and Regulation .08 of this chapter, discharge into the waters of this State any
				  waste or wastewater regardless of volume.
(2) Construct, install, modify, extend,
				  alter, or operate any system for the disposal of waste or wastewater into the
				  waters of the State, or a system which may result in a discharge into these
				  waters, regardless of quality or volume, with the exception of storm water
				  runoff that is not regulated under the Federal Act.
(3) Increase or otherwise modify in volume,
				  temperature, or concentration, any existing waste or wastewater in excess of
				  the discharges authorized by any existing discharge permit. To the extent that
				  the modification is in excess of limits specified in a discharge permit, the
				  permittee shall report the change to the Department within 1 week of the
				  commencement of the modification. This report shall include information on
				  what, how, and why modifications were made and whether they will be temporary
				  or permanent.
(4) Construct,
				  install, or operate any industrial, commercial, or other establishment or any
				  extension or modification or addition to them, including the construction or
				  use of any new discharge outlet, the construction, installation, or operation
				  of which would cause an increase in the discharge of waste or wastewater into
				  the waters of the State or otherwise alter the physical, chemical, or
				  biological properties of any waters of the State in any manner not lawfully
				  authorized.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.04 - Permits › Section 26.08.04.01-1 - Discharge Permit Application

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Application Required.
(1) Persons engaged or
				  planning to engage in activities requiring a discharge permit shall file a
				  complete application:
(a) Not less than 180
				  days in advance of the date on which the discharge permit is desired to
				  commence the activities; and
(b) In
				  sufficient time before the commencement of activities to ensure compliance with
				  provisions of appropriate State and federal laws and regulations.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.04 - Permits › Section 26.08.04.01-2 - Discharge Permit Application Processing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Informational Meetings.
(1) Upon written request by a person within
				  10 working days of the publication of a notice of application for a discharge
				  permit, the Department shall hold an informational meeting to discuss the
				  application.
(2) The Department
				  also may hold an informational meeting or meetings at the Department's
				  discretion.
(3) The informational
				  meeting may be cancelled if all persons who made timely written requests
				  withdraw their requests before the meeting.
(4) The Department may require the applicant
				  to attend all informational meetings and present information concerning the
				  application.
(5) If an
				  informational meeting is required, the Department shall publish or require the
				  applicant to publish notice of the informational meeting, unless the notice of
				  application contained a notice of the informational meeting. This notice shall:
(a) Conform to the requirements of Regulation
				  .01-1E of this chapter; and
(b)
				  Contain:
(i) The information required under
				  Regulation .01D of this chapter,
(ii) The date, time, and location of the
				  informational meeting, and
(iii)
				  Other information the Department determines to be necessary for adequate public
				  notice.
(6)
				  When the notice of the informational meeting also contains a notice of public
				  hearing, the first notice of public hearing shall be given at least 30 days
				  before the hearing.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.04 - Permits › Section 26.08.04.01-3 - Discharge Permit Issuance and Contested Case Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
A. Final Determination.
(1) If the Department is not required to
				  prepare a final determination, the tentative determination shall be a final
				  decision by the Department and a permit may be issued.
(2) The Department shall prepare a final
				  determination if:
(a) Written comments adverse
				  to the tentative determination are received by the Department within 30 days
				  after publication of the notice of tentative determination;
(b) Comments adverse to the tentative
				  determination were received in writing at, or within 5 days after, a public
				  hearing held according to Regulation .01-2B(5) of this chapter;
(c) Comments adverse to the tentative
				  determination were received orally at the public hearing conducted under this
				  section and the Department prepared a transcript of the comments made at the
				  hearing; or
(d) The final
				  determination is substantively different from the tentative determination and
				  all persons who may be aggrieved by the final determination have not waived, in
				  writing, their right to request a contested case hearing.
(3) Those persons, including applicants, who
				  believe any condition of a draft permit is inappropriate or that the
				  Department's tentative determination is inappropriate, shall raise all
				  reasonably ascertainable issues and submit all reasonably available arguments
				  and documents supporting their position by the close of the public comment
				  period, including any public hearing, as established by this chapter.
(4) Supporting materials which are submitted
				  shall be included in full and may not be incorporated by reference, unless they
				  are already part of the administrative record in the same proceeding, or
				  consist of State or federal statutes and regulations, EPA documents of general
				  applicability, or other generally available reference materials.
(5) Those offering comments shall make
				  supporting materials not already included in the administrative record
				  available by submitting a complete copy of all supporting materials at the time
				  they submit their comments, or, if this submission is not practical, as
				  determined solely by the Department, comments shall identify the location of
				  the supporting materials.
(6) The
				  final determination shall include:
(a) The
				  name of the applicant;
(b) The type
				  of discharge;
(c) The location of
				  the discharge;
(d) The volume of
				  the discharge;
(e) A statement of
				  the Department's final determination and a brief explanation of the
				  Department's decision;
(f) The
				  permit limitations and conditions; and
(g) A schedule of compliance, if
				  applicable.
(7) The
				  final determination shall be available to the public for inspection and copying
				  according to Regulation .01-1E of this chapter.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.04 - Permits › Section 26.08.04.02 - Requirements for the Issuance and Reissuance of Discharge Permits

Current through Register Vol. 51, No. 14, July 12, 2024
A. General. The
				  Department shall issue or reissue a discharge permit upon a determination that:
(1) The discharge or proposed discharge
				  specified in the application is or will be in compliance with all applicable
				  requirements of:
(a) Effluent
				  limitations,
(b) Surface and ground
				  water quality standards,
(c) The
				  Federal Act,
(d) State law or
				  regulation,
(e) Best available
				  technology, and
(f) Federal
				  effluent guidelines;
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.04 - Permits › Section 26.08.04.02-1 - General Water Quality Certifications

Current through Register Vol. 51, No. 14, July 12, 2024
A. General Water Quality Certification (GWQC)
				  for Marsh Creation Projects.
(1) Scope of
				  Activity.
(a) Definition. Marsh creation
				  projects are defined as the vegetative stabilization of tidal shorelines and
				  nontidal stream banks that are subject to erosion.
(b) Exception. The projects certified by this
				  GWQC do not include marshes created for storm water management
				  purposes.
(c) Marsh Creation. The
				  creation of marshes includes the following activities:
(i) The placement of fill material such as
				  earth or sand;
(ii) The
				  construction of stone containment structures;
(iii) The grading of banks; and
(iv) The planting of Spartina alterniflora,
				  Spartina patens, or other species acceptable to the Department.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.04 - Permits › Section 26.08.04.02-2 - Minimum Levels for Discharge Permit Limits

Current through Register Vol. 51, No. 14, July 12, 2024
Some permit limits expressed as concentrations of specific
					 chemicals may be below the minimum levels for those chemicals. For these permit
					 limits, the level of compliance shall be the minimum level.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.04 - Permits › Section 26.08.04.02-3 - Discharge Permit Limits Based on Biological Translator

Current through Register Vol. 51, No. 14, July 12, 2024
A. General. Biologically available
				  equivalence addresses the potential for an effluent constituent, present
				  primarily in the particulate or relatively non-bioavailable form, to become
				  transformed by mixing with the receiving water to a bioavailable form. The
				  biological translator utilizes the relationship between effluent-receiving
				  water toxicity testing results and the laboratory standard dilution water
				  toxicity data to relate an instream aquatic life criterion to the impact of a
				  specific effluent. This ratio provides discharge-specific information
				  concerning the assimilative capacity of the surface water for a specific
				  pollutant when contained in a particular discharge.
B. Discharge Requirements for Use of the
				  Biological Translator.
(1) Before the use of a
				  biological translator in a waste load allocation to determine specific
				  discharge permit limits, a discharger shall demonstrate:
(a) For acute aquatic life criteria, a
				  history of repeated whole effluent toxicity testing at four consecutive
				  quarterly intervals where the effluent, upon allowance for confirmation tests
				  on failures, consistently exhibits an LC50 greater than
				  100 percent;
(b) For chronic
				  aquatic life criteria, a history of repeated whole effluent toxicity testing at
				  four consecutive quarterly intervals where the effluent, upon allowance for
				  confirmation tests on failures, consistently exhibits an
				  IC25 greater than the instream waste concentration at
				  the edge of the chronic mixing zone; and
(c) Achievement of best available technology
				  with satisfactory operation and maintenance.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.04 - Permits › Section 26.08.04.02-4 - Discharge Permit Limits Based on Chemical Translator

Current through Register Vol. 51, No. 14, July 12, 2024
A. General.
(1) The chemical translator is a mechanism
				  for establishing the relationship between the dissolved concentration used in
				  determining compliance with the instream aquatic life water quality criteria
				  for metals and the measurement required for permit limits and waste load
				  allocation.
(2) The chemical
				  translator may not be used to establish discharge permit limits if the
				  discharger has completed studies, under Regulation .02-3 of this chapter, which
				  support the use of the biological translator.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.04 - Permits › Section 26.08.04.03 - Monitoring, Recording, and Reporting for Discharge Permits

Current through Register Vol. 51, No. 14, July 12, 2024
A. Monitoring.
(1) A discharge authorized by a discharge
				  permit shall be subject to any monitoring requirements the Department deems
				  necessary, including:
(a) The installation,
				  use, and maintenance of monitoring equipment or methods; and
(b) When appropriate, biological monitoring
				  methods.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.04 - Permits › Section 26.08.04.04 - Sewage Treatment Works

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  person holding the permit for publicly owned treatment works or other sewage
				  treatment works shall provide the Department with a notice concerning:
(1) The introduction of pollutants into these
				  treatment works from any discharge of industrial waste for which a State
				  discharge permit would be required if the discharge were made directly to the
				  waters of the State; or
(2) Any
				  substantial change in volume, character, or concentration of pollutants from
				  any discharge of industrial waste being introduced into the treatment
				  facilities.