Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 04 - REGULATION OF WATER SUPPLY, SEWAGE DISPOSAL, AND SOLID WASTE › Chapter 26.04.01 - Quality of Drinking Water in Maryland › Section 26.04.01.01 - Incorporation by Reference

Current through Register Vol. 51, No. 14, July 12, 2024
A. In
				  this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Action level" means the concentration of
				  a contaminant which, if exceeded, triggers treatment or other requirements
				  which a water system must follow.
(2) "Approving Authority" means the Secretary
				  of the Environment or his designee.
(3) "Best available technology (BAT)" means
				  the best technology, treatment techniques, or other means which the approving
				  authority finds available, after examination for efficacy under field
				  conditions and not solely under laboratory conditions, taking cost into
				  consideration.
(4) "Board" means
				  the State Board of Waterworks and Waste Systems Operators as described in
				  Environment Article, Title 12, Annotated Code of Maryland.
(5) "Clean compliance history" is, for the
				  purposes of subpart Yof ' 40 CFR § 141, a record of no MCL violations under §
				  141.63; no monitoring violations under § 141.21 or subpart Y; and no coliform
				  treatment technique trigger exceedances or treatment technique violations under
				  subpart Y.
(6) "Combined
				  distribution system" means the interconnected distribution system consisting of
				  the distribution systems of wholesale systems and of the consecutive systems
				  that receive finished water.
(7)
				  "Community water system" means a public water system which serves at least 15
				  service connections used by year-round residents, or regularly serves at least
				  25 year-round residents.
(8)
				  "Compliance cycle" means the 9-year calendar year cycle during which public
				  water systems will monitor. Each compliance cycle consists of three 3-year
				  compliance periods. The first calendar year cycle begins January 1, 1993 and
				  ends December 31, 2001, the second begins January 1, 2002 and ends December 31,
				  2010, the third begins January 1, 2011 and ends December 31, 2019.
(9) "Compliance period" means a 3-year
				  calendar period within a compliance cycle. Each compliance cycle has three
				  3-year compliance periods. Within the first compliance cycle, the first
				  compliance period runs from January 1, 1993 to December 31, 1995, the second
				  from January 1, 1996 to December 31, 1998, the third compliance period from
				  January 1, 1999 to December 31, 2001. Within the second compliance cycle, the
				  first compliance period runs from January 1, 2002 to December 31, 2004, the
				  second from January 1, 2005 to December 31, 2007, the third compliance period
				  from January 1, 2008 to December 31, 2010.
(10) "Comprehensive performance evaluation
				  (CPE)" means a thorough review and analysis of a treatment plant's
				  performance-based capabilities and associated administrative, operation, and
				  maintenance practices.
(11)
				  "Consecutive system" means a public water system that receives some or all of
				  its finished water from one or more wholesale systems. Delivery may be through
				  a direct connection or through the distribution system of one or more
				  consecutive systems.
(12)
				  "Construction permit" means a permit issued by the Department of the
				  Environment under Environment Article, §
											9-204, Annotated Code of
				  Maryland, to authorize installation of a water system.
(13) "Contaminant" means any physical,
				  chemical, biological, or radioactive substance in drinking water.
(14) "Conventional filtration treatment"
				  means a series of processes including coagulation, flocculation, sedimentation,
				  and filtration resulting in substantial particulate removal.
(15) "Coverage ratio" means the ratio of the
				  sum of the annual net operating profit for 5 years to the sum of the annual
				  debt service requirements for 5 years.
(16) Direct Filtration.
(a) "Direct filtration" means a series of
				  processes resulting in substantial particulate removal.
(b) "Direct filtration" includes coagulation
				  and filtration.
(c) "Direct
				  filtration" does not include sedimentation.
(17) "Disinfectant" means any oxidant,
				  including but not limited to chlorine, chlorine dioxide, chloramines, and
				  ozone, added to the water in any part of the treatment or distribution process,
				  that is intended to inactivate pathogenic microorganisms.
(18) "Disinfection profile" means a graphical
				  representation of a water system's level of Giardia lamblia or virus
				  inactivation measured during the course of a year.
(19) "Dose-equivalent" means the product of
				  the absorbed dose from ionizing radiation and such factors as account for
				  differences in biological effectiveness due to the type of radiation and its
				  distribution in the body as specified by the International Commission on
				  Radiological Units and Measurements (ICRU).
(20) "Enhanced coagulation" means the
				  addition of sufficient coagulant for improved removal of disinfection byproduct
				  precursors by conventional filtration treatment.
(21) "Enhanced softening" means the improved
				  removal of disinfection byproduct precursors by precipitative
				  softening.
(22) "Filter profile"
				  means a graphical representation of individual filter performance, based on
				  continuous turbidity measurements or total particle counts versus time for an
				  entire filter run, from startup to backwash inclusive, that includes an
				  assessment of filter performance while another filter is being
				  backwashed.
(23) "GAC10" means
				  granular activated carbon filter beds with an empty-bed contact time of 10
				  minutes based on average daily flow and a carbon reactivation frequency of
				  every 180 days, except that the reactivation frequency for GAC10 used as a best
				  available technology for compliance with Regulation .15-2 of this chapter shall
				  be 120 days.
(24) "GAC20" means
				  granular activated carbon filter beds with an empty-bed contact time of 20
				  minutes based on average daily flow and a carbon reactivation frequency of
				  every 240 days.
(25) "Gross alpha
				  particle activity" means the total radioactivity due to alpha particle emission
				  as inferred from measurements on a dry sample exclusive of the contribution, if
				  any, due to radon and uranium.
(26)
				  "Gross beta particle activity" means the total radioactivity due to beta
				  particle emission as inferred from measurements on a dry sample exclusive of
				  the contribution, if any, due to potassium-40 and other naturally occurring
				  radionuclides.
(27) "Ground water
				  under the direct influence of surface water (GWUDI)" means any water beneath
				  the surface of the ground with:
(a)
				  Significant occurrence of insects or other macroorganisms, algae, or large
				  diameter pathogens such as Giardia lamblia or Cryptosporidium; or
(b) Significant and relatively rapid shifts
				  in water characteristics such as turbidity, temperature, conductivity, or pH
				  which closely correlate to climatological or surface water conditions.
(28) "Haloacetic acids
				  (five) (HAA5)" mean the sum of the concentrations in milligrams per liter of
				  the haloacetic acid compounds (monochloroacetic acid, dichloroacetic acid,
				  trichloroacetic acid, monobromoacetic acid, and dibromoacetic acid, rounded to
				  2 significant figures after addition.
(29) "Halogen" means one of the chemical
				  elements chlorine, bromine, or iodine.
(30) "Initial compliance period" means the
				  first full 3-year compliance period which begins at least 18 months after
				  promulgation of a regulation under 40 CFR 141, with the exception that for
				  contaminants listed in Regulations .06A(1), (5), (8), (11), and (16) and
				  .07D(19)-(21) and E(16)-(30) of this chapter, the initial compliance period
				  means January 1, 1993-December 31, 1995 for systems with 150 or more service
				  connections, and January 1, 1996-December 31, 1998 for systems having fewer
				  than 150 service connections.
(31)
				  "Lead-free" means:
(a) Containing not more
				  than a weighted average of 0.25 percent lead when used with respect to the
				  wetted surface of pipes, pipe fitting, plumbing fittings, and fixtures;
				  and
(b) Not containing more than
				  0.2 percent lead when used with respect to solder and flux.
(32) "Level 1 assessment" is an evaluation to
				  identify the possible presence of sanitary defects, defects in distribution
				  system coliform monitoring practices, and (when possible) the likely reason
				  that the system triggered the assessment. It is conducted by the system
				  operator or owner. Minimum elements include review and identification of a
				  typical events that could affect distributed water quality or indicate that
				  distributed water quality was impaired; changes in distribution system
				  maintenance and operation that could affect distributed water quality
				  (including water storage); source and treatment considerations that bear on
				  distributed water quality, where appropriate (e.g., whether aground water
				  system is disinfected); existing water quality monitoring data; and
				  inadequacies in sample sites, sampling protocol, and sample processing. The
				  system must conduct the assessment consistent with any State directives that
				  tailor specific assessment elements with respect to the size and type of the
				  system and the size, type, and characteristics of the distribution system.
(33) "Level 2 assessment" is an
				  evaluation to identify the possible presence of sanitary defects, defects in
				  distribution system coliform monitoring practices, and (when possible) the
				  likely reason that the system triggered the assessment. A Level 2 assessment
				  provides a more detailed examination of the system (including the system's
				  monitoring and operational practices) than does a Levell assessment through the
				  use of more comprehensive investigation and review of available information,
				  additional internal and external resources, and other relevant practices. It is
				  conducted by an individual approved by the State, which may include the system
				  operator. Minimum elements include review and identification of atypical events
				  that could affect distributed water quality or indicate that distributed water
				  quality was impaired; changes in distribution system maintenance and operation
				  that could affect distributed water quality (including water storage); source
				  and treatment considerations that bear on distributed water quality, where
				  appropriate (e.g., whether a ground water system is disinfected); existing
				  water quality monitoring data; and inadequacies in sample sites, sampling
				  protocol, and sample processing. The system must conduct the assessment
				  consistent with any State directives that tailor specific assessment elements
				  with respect to the size and type of the system and the size, type, and
				  characteristics of the distribution system. The system must comply with any
				  expedited actions or additional actions required by the State in the case of an
				  E. coli MCL violation.
(34)
				  "Man-made beta particle and photon emitters" means all radionuclides emitting
				  beta particles and/or photons listed in Maximum Permissible Body Burdens and
				  Maximum Permissible Concentration of Radionuclides in Air or Water for
				  Occupational Exposure, NBS Handbook 69, except the daughter products of
				  thorium-232, uranium-235, and uranium-238.
(35) "Maximum contaminant level (MCL)" means
				  the maximum permissible level of a contaminant in water which is delivered to
				  the users of a public water system. In the case of turbidity, the maximum
				  permissible level is measured at the point of entry to the distribution system.
				  Materials added to the water under circumstances controlled by the consumer are
				  excluded from this definition. Materials resulting from corrosion of piping and
				  plumbing caused by water quality are not excluded from this
				  definition.
(36) "Maximum
				  contaminant level goal (MCLG)" means the maximum level of a contaminant in
				  drinking water at which no known or anticipated adverse effects on the health
				  of persons would occur, and which allows an adequate margin of safety. Maximum
				  contaminant level goals are nonenforceable health goals.
(37) "Maximum residual disinfectant level
				  (MRDL)" means a level of a disinfectant added for water treatment that may not
				  be exceeded at the consumer's tap without an unacceptable risk of adverse
				  health effects. The disinfectants include chlorine, chloramines, and chlorine
				  dioxide.
(38) "Maximum residual
				  disinfectant level goal (MRDLG)" means the maximum level of a disinfectant
				  added for water treatment at which no known or anticipated adverse effect on
				  the health of individuals occurs, and which allows an adequate margin of
				  safety. MRDLGs are nonenforceable health goals and do not reflect the benefit
				  of the addition of the chemical for control of water-borne microbial
				  contaminants.
(39) "Maximum total
				  trihalomethane potential (MTP)" means the maximum concentration of total
				  trihalomethanes produced in a given water sample containing a halogen
				  disinfectant residual after 7 days at a temperature of 25°C or above.
(40) "Near the first service connection"
				  means within the first 20 percent of connections that receive finished water
				  from the treatment plant, as measured by water transport time within the
				  distribution system.
(41) "Net
				  operating profit" means the total of the operating profit and the nonoperating
				  revenue.
(42) "New system" means a
				  community water system or a nontransient noncommunity water system that
				  commences operation after October 1, 1999.
(43) "Noncommunity water system" means a
				  public water system that does not meet the requirements of §B(5) of this
				  regulation. These systems serve motels, hotels, medical facilities,
				  restaurants, schools, industrial plants, and similar facilities not connected
				  to a community water system.
(44)
				  "Nontransient noncommunity water system (NTNCWS)" means a public water system
				  that is not a community water system and that regularly serves at least 25 of
				  the same individuals over 6 months per year.
(45) "Operating profit" means the total of
				  the operating revenue minus operating expenses.
(46) "Operating ratio" means the ratio of the
				  sum of the annual operating revenues for 5 years to the sum of the annual
				  operating, maintenance, and replacement expenses for 5 years.
(47) "Person" means the State, a federal
				  agency, county, municipality, partnership, corporation, cooperative, company,
				  sanitary district, sanitary commission, authority, institution, or
				  individual.
(48) "Picocurie (pCi)"
				  means that quantity of radioactive material producing 2.22 nuclear
				  transformations per minute.
(49)
				  "Plan for compliance" means a schedule of actions that is submitted by the
				  violator and is approved by the Approving Authority.
(50) "Point-of-entry treatment device (POE)"
				  is a treatment device applied to the drinking water entering a house or
				  building for the purpose of reducing contaminants in the water distributed
				  throughout the house or building.
(51) "Point-of-use treatment device (POU)" is
				  a treatment device applied to a single tap used for the purpose of reducing
				  contaminants in drinking water at that one tap.
(52) Public Water System.
(a) "Public water system" means a system that
				  provides water for human consumption to the public through pipes or other
				  constructed conveyances, if the system has at least 15 service connections or
				  regularly serves at least 25 individuals daily at least 60 days out of the
				  year.
(b) "Public water system"
				  includes:
(i) Any collection, treatment,
				  storage, and distribution facilities under control of the operator of the
				  system, and used primarily in conjunction with the system; and
(ii) Any collection or pretreatment storage
				  facilities not under that control which are used primarily in connection with
				  the system.
(c) "Public
				  water system" does not include any special irrigation districts as defined in
				  40 CFR §
													141.2.
(53) "Rem" means the unit of dose-equivalent
				  from ionizing radiation to the total body or any internal organ or organ
				  system. A millirem (mrem) is 1/1000 of a rem (0.001 rem).
(54) "Repeat compliance period" means any
				  subsequent compliance period after the initial compliance period.
(55) "Reportable incident" means any
				  occurrence in the operation, maintenance, repair, or extension of a water
				  supply system or its appurtenances that causes a permanent or temporary change
				  that may adversely affect the quality or quantity of water supplied to the
				  users of the system.
(56) "Sampling
				  point" means each entry point to the distribution system which is
				  representative of each well after treatment where ground water sources are
				  used, or, where surface water sources are used, each entry point to the
				  distribution system after any application of treatment or a point in the
				  distribution system which is representative of each source after
				  treatment.
(57) "Sanitary defect"
				  is a defect that could provide a pathway of entry for microbial contamination
				  into the distribution system or that is indicative of a failure or imminent
				  failure in a barrier that is already in place.
(58) "Sanitary survey" means an on-site
				  review of the water source, facilities, equipment, operation and maintenance of
				  a public water system for the purpose of evaluating the adequacy of the system
				  for producing and distributing safe drinking water.
(59) "Seasonal system " is a noncommunity
				  -water system that is not operated as a public -water system on a year-round
				  basis and starts up and shuts down at the beginning and end of each operating
				  season.
(60) Service Connection.
(a) "Service connection" means a connection
				  to a water system.
(b) "Service
				  connection" does not include a connection to a system that delivers water by a
				  constructed conveyance other than a pipe if:
(i) The water is used exclusively for
				  purposes other than residential uses, consisting of drinking, bathing, cooking,
				  or other similar uses;
(ii) The
				  State determines that alternative water to achieve the equivalent level of
				  public health protection provided by the national primary drinking water
				  regulations is provided for residential or similar uses for drinking and
				  cooking; or
(iii) The State
				  determines that the water provided for residential or similar drinking,
				  cooking, and bathing is centrally treated or treated at the point of entry by
				  the provider, a pass-through entity, or the user to achieve the equivalent
				  level of protection provided by the applicable national primary drinking water
				  regulations.
(61) "Standard sample" means the aliquot of
				  finished drinking water that is examined for the determination of the maximum
				  contaminant level.
(62) "Subpart H
				  systems" means public water systems using surface water or ground water under
				  the direct influence of surface water as a source that are subject to the
				  requirements of Subpart H of 40 CFR § 141.
(63) "Superintendent" means an individual
				  employed or appointed in accordance with Environment Article, Title 12,
				  Annotated Code of Maryland, and certified by the Board to be in responsible
				  charge of the operation of a water supply system.
(64) "Supplier of water" means any person who
				  owns or operates a public water system.
(65) "SUVA" means specific ultraviolet
				  absorption at 254 nanometers (nm), an indicator of the humic content of water.
				  It is a calculated parameter obtained by dividing a sample's ultraviolet
				  absorption at a wavelength of 254 nm (UV254) (in m-1) by its concentration of
				  dissolved organic carbon (DOC) in milligrams per liter (mg/l).
(66) "Too numerous to count" means that the
				  total number of bacterial colonies exceeds 200 on a 47-millimeter diameter
				  membrane filter used for coliform detection.
(67) "Total organic carbon (TOC)" means total
				  organic carbon in milligrams per liter (mg/l) measured using heat, oxygen,
				  ultraviolet irradiation, chemical oxidants, or combinations of these oxidants
				  that convert organic carbon to carbon dioxide, rounded to 2 significant
				  figures.
(68) "Total
				  trihalomethanes (TTHM)" means the sum of the concentrations in milligrams per
				  liter of the trihalomethane compounds trichloromethane (chloroform),
				  dibromochloromethane, bromodichloromethane, and tribromomethane (bromoform),
				  rounded to two significant figures.
(69) "Transient noncommunity water system
				  (TWS)" means a noncommunity water system that does not regularly serve at least
				  25 of the same individuals over 6 months per year.
(70) "Treatment technique" means a required
				  process intended to reduce the level of a contaminant which, if exceeded,
				  triggers treatment or other requirements which a water system must
				  follow.
(71) "Trihalomethane (THM)"
				  means a family of organic compounds, derived from methane, wherein three of the
				  four hydrogen atoms in methane are each substituted by a halogen atom in the
				  molecular structure.
(72)
				  "Uncovered finished water storage facility" means a tank, reservoir, or other
				  facility used to store water that will undergo no further treatment to reduce
				  microbial pathogens, except residual disinfection, and is directly open to the
				  atmosphere.
(73) "Variance" means a
				  legal change issued by the Approving Authority in the requirements for a public
				  water system to comply with an MCL to a supplier of water because of the
				  following:
(a) The poor quality of raw water
				  and the lack of a suitable alternative supply;
(b) The treatment methods generally available
				  have not resulted in compliance with an MCL; and
(c) All other reasonable technological,
				  economic, and legal efforts to comply with an MCL have been made.
(74) "Virus" means a virus of
				  fecal origin which is infectious to humans by waterborne
				  transmission.
(75) "Waterborne
				  disease outbreak" means the significant occurrence of acute infectious illness,
				  epidemiologically associated with the ingestion of water from a public water
				  system which is deficient in treatment, as determined by the Approving
				  Authority.
(76) "Wholesale system"
				  means a public water system that treats source water as necessary to produce
				  finished water and then delivers some or all of that finished water to another
				  public water system. Delivery may be through a direct connection or through the
				  distribution system of one or more consecutive systems.