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 26.08.02.09 - Water Quality Standards

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Discharge Approval Required.
(1) Any discharge
				  or disposal of waters or wastewaters into the underground waters of the State
				  requires the approval of the Department. The approval, if granted, will contain
				  limitations and requirements deemed necessary by the Department to protect the
				  public health and welfare and to prevent pollution of ground and surface
				  waters.
(2) A separate State
				  discharge permit is required for:
(a)
				  Wastewater effluents disposed of by means of spray or other land treatment or
				  application systems;
(b) Ground
				  water recharge systems;
(c)
				  Discharge of leachate from a landfill to surface or ground waters except as
				  specified in §A(3)(a); and
(d)
				  Other subsurface disposal systems not specifically exempted in this regulation.
(Agency note: A separate State discharge permit is a
					 discharge permit issued to an individual discharger or point source. A general
					 permit is a State discharge permit issued to a class of dischargers pursuant to
					 COMAR 26.08.04.08. )
(3) A separate State discharge permit is not
				  required for:
(a) Landfills designed to
				  achieve natural attenuation of leachate and permitted under Environment
				  Article, §
												9-204 or
				  9-224, unless there is a
				  discharge of leachate to surface waters of the State;
(b) Subsurface sewage disposal systems using
				  soil absorption and permitted by the Department under Environment Article,
				  Title 9, Subtitle 5, Annotated Code of Maryland, and COMAR 26.04.02;
(c) Sewage sludge composting or disposal
				  operations permitted by the Department under Environment Article, Title 9,
				  Subtitle 2, Part III, Annotated Code of Maryland, unless there is a direct
				  discharge of wastewater to surface waters of the State; and
(d) Other subsurface disposal systems
				  permitted by the Department under the provisions of COMAR 26.08.04.08.
(4) An Underground
				  Injection Permit issued under COMAR 26.08.07 also constitutes a discharge
				  permit under this regulation.
(5)
				  The land application of food processing wastewater is exempt from the
				  requirement to obtain a State discharge permit if the wastewater meets the
				  Maryland Department of Agriculture (MDA) State Chemist Office requirements for
				  registration as a soil conditioner, subject to the following conditions and
				  exceptions:
(a) MDA notifies the Department
				  that a determination has been made that the wastewater meets the requirements
				  for registration as a soil conditioner. If the Department has not responded
				  within 45 days of the notification, the determination made by MDA shall be
				  considered accepted and the applicant shall be exempt from obtaining a State
				  discharge permit. If the Department verifies or rejects MDA's State Chemist
				  determination within 45 days of the notification, the Department may still
				  require a State discharge permit.
(b) The applicant continues to perform any
				  necessary actions to ensure that the wastewater meets the requirements for
				  registration as a soil conditioner, and complies with the COMAR 15.20.04 -
				  15.20.08, which includes the applicant's obligation to obtain and comply with a
				  Nutrient Management Plan governing the application of the wastewater.
(c) Department representatives
				  upon presentation of credentials are allowed at reasonable times to enter
				  premises to inspect any wastewater collection, treatment, land application
				  records and practices, and food processing operation records.
(d) An application for renewal of the
				  exemption set forth herein must be submitted to MDA within 5 years of the
				  exemption date from obtaining a State discharge permit. The requirements of
				  this subsection apply for the renewal process.
(e) The Department may at any time choose to
				  revoke a permit exemption provided under this section.