reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.04 - Permits › Section 26.08.04.06 - Term and Approval of Discharge Permit

Current through Register Vol. 51, No. 14, July 12, 2024
A. Term of Permit.
(1) The term of each discharge permit shall
				  be for a maximum of 5 years, unless the permit is previously amended,
				  suspended, or revoked.
(2) Each
				  discharge permit shall specify the expiration date.
(3) If a timely and complete reapplication
				  has been submitted and the Department, through no fault of the permittee, is
				  unable to issue a new permit, the terms and conditions of the existing
				  discharge permit shall continue and remain fully effective and
				  enforceable.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.04 - Permits › Section 26.08.04.07 - Administration of Federal NPDES Program by the State

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department shall administer the
				  National Pollutant Discharge Elimination System (NPDES) program as part of its
				  own discharge permit system.
B.
				  This administration shall be in accordance with:
(1) Environment Article, Title 9, Annotated
				  Code of Maryland;
(2) This chapter;
				  and
(3) The Federal Act.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.04 - Permits › Section 26.08.04.08 - General Discharge Permit Program

Current through Register Vol. 51, No. 14, July 12, 2024
A. Purpose.
(1) General permits are discharge permits
				  issued to classes of discharges.
(2) The Department intends to regulate
				  certain classes of discharges through the issuance of general
				  permits.
(3) All discharges within
				  the described class are permitted, subject to the specific conditions contained
				  in the general permit.
(4) Only
				  those classes of discharges considered appropriate by the Department for
				  regulation by this mechanism will be covered by a general permit.
(5) All other dischargers are subject to the
				  requirements of a separate discharge permit issued under Regulations .01 -----
				  .07 of this chapter and COMAR 26.08.08.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.04 - Permits › Section 26.08.04.09 - General Discharge Permits

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  General Discharge Permit for Storm Water Discharge Associated with Construction
				  Activity.
(1) Exception. Construction
				  activity excluded under the Federal Act and regulated under COMAR 26.09.02 is
				  not covered under this general permit.
(2) Activities Covered. Activities covered
				  under this general permit are new and existing storm water discharges that are
				  composed in whole or in part of discharges associated with construction
				  activity as regulated under the Federal Act and Environment Article, Title 4,
				  Subtitles 1 and 2, Annotated Code of Maryland.
(3) Need for Additional Permits. Storm water
				  discharges which result from the completed construction authorized under this
				  regulation may require additional authorization under other general permit
				  regulations or an individual permit.
(4) Application. Before the initiation of an
				  activity covered under this permit, an applicant shall make application to the
				  Department, including the payment of any fees.
(5) Specific Requirements. A permittee shall
				  comply with requirements to obtain approval for:
(a) Erosion and sediment control plans
				  required under Environment Article, Title 4, Subtitle 1, Annotated Code of
				  Maryland; and
(b) Storm water
				  management plans required under Environment Article, Title 4, Subtitle 2,
				  Annotated Code of Maryland.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.04 - Permits › Section 26.08.04.09-1 - Fees for General Discharge Permits

Current through Register Vol. 51, No. 14, July 12, 2024
A. Applicability.
(1) Intent. The Department may charge
				  nonrefundable fees for certain general discharge permits as specified in this
				  regulation.
(2) Exemptions.
				  Discharges associated with the following dischargers are exempt from this
				  regulation:
(a) Publicly owned treatment
				  works;
(b) Other treatment works
				  which treat only sewage; and
(c)
				  Facilities or persons culturing or raising aquatic organisms in enclosed
				  systems discharging less than 1,000,000 gallons per day.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.04 - Permits › Section 26.08.04.10 - Permit Review and Modification

Current through Register Vol. 51, No. 14, July 12, 2024
A. General.
(1) The Department may review or modify any
				  State discharge permit or other written authorization describing required
				  performance for specific activities and operations under the procedures set
				  forth in this regulation.
(2) When
				  a permit is modified, only the conditions subject to modification are
				  reopened.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.04 - Permits › Section 26.08.04.10-1 - Permit Suspension and Revocation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Action on Permit Violation.
(1) Under conditions other than emergency, if
				  the Department determines that there has been a violation of any term or
				  condition of a permit, the Department shall serve a written complaint upon the
				  permittee specifying the nature of the violation. Subsequent to, or concurrent
				  with, service of the complaint, the Department may exercise one of the
				  following options, under the provisions of Environment Article, §
											9-335, Annotated Code of
				  Maryland:
(a) Issue an order requiring
				  necessary corrective action to be taken within the time prescribed in its
				  order. A person named in the order may request in writing a hearing before the
				  Department not later than 10 days after the date the order is served, in which
				  case a hearing shall be scheduled within 10 days from receipt of the request. A
				  decision shall be rendered within 10 days from the date of the
				  hearing.
(b) Require the alleged
				  violator to file a written report regarding the alleged violation.
(c) Require the alleged violator to appear
				  before the Department at a time and place the Department specifies to answer
				  the charge outlined in the complaint.
(d) Require the alleged violator to file a
				  written report regarding the alleged violation and appear before the Department
				  at a time and place the Department specifies to answer the charges outlined in
				  the complaint.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.04 - Permits › Section 26.08.04.11 - Discharge Permit Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. General
				  Requirements.
(1) Fees collected by the
				  Department under this regulation shall be paid into the Maryland Clean Water
				  Fund. The fees shall be used for activities that are related to identifying,
				  monitoring, and regulating the proper discharge of effluent into waters of the
				  State including program development of these activities.
(2) Persons or facilities holding or
				  obtaining State discharge permits, except for those in categories listed below,
				  shall pay both an annual permit fee and an application fee, including any
				  additional cost as required in §C(10) of this regulation:
(a) Publicly owned treatment works;
(b) Other treatment works which treat only
				  sewage;
(c) Persons covered under a
				  general permit as described in Regulations .08 and .09 of this chapter;
				  or
(d) Facilities or persons
				  culturing or raising aquatic organisms in enclosed systems discharging less
				  than 1 million gallons per day.
(3) Both permit fees and application fees are
				  based on the total flow of all effluents discharged from a facility except for:
(a) Uncontaminated stormwater runoff;
				  and
(b) Thermal discharge flows
				  which have previously been evaluated by the Department in accordance with COMAR
				  26.08.03.03C(2).
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.05 - Certification of State Water Quality Laboratories › Section 26.08.05.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of these regulations is to provide a procedure
					 by which the Department of the Environment may certify that water quality
					 laboratories are capable of performing in an acceptable manner microbiological,
					 chemical, physical, and radiochemical analyses on water samples from public
					 water supplies. Since owners of public water supplies are required through
					 various State and federal programs to monitor the quality of drinking water in
					 their systems, it is necessary to have available water quality laboratories
					 that produce data recognized as valid by the enforcement agencies. These
					 regulations establish standards of operation for these water quality
					 laboratories.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.05 - Certification of State Water Quality Laboratories › Section 26.08.05.02 - Incorporation by Reference

Current through Register Vol. 51, No. 14, July 12, 2024
A. In
				  this chapter, the following documents are incorporated by reference.
B. Documents Incorporated.
(1) Code of Federal Regulations (CFR) - 40
				  CFR 141 (July 1, 2013):
(a) Record
				  Maintenance (40 CFR §
													141.33) revised July 1, 2010;
(b) Lead and Copper Rule (40 CFR §§
													141.80-
				  141.91) revised July 1, 2010;
				  and
(c) Reporting Requirements
				  (40 CFR §
													141.31).
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.05 - Certification of State Water Quality Laboratories › Section 26.08.05.04 - Certification for a Water Quality Laboratory

Current through Register Vol. 51, No. 14, July 12, 2024
A. A water quality laboratory shall obtain a
				  certification from the Department before the water quality laboratory may
				  analyze compliance samples in this State.
B. The Department shall certify a water
				  quality laboratory that meets the requirements of this chapter and Environment
				  Article, Title 9, Subtitle 10, Annotated Code of Maryland.
C. Laboratory Certificate.
(1) The Department shall identify in the
				  certificate the parameters and test methods for which the water quality
				  laboratory is certified.
(2) The
				  water quality laboratory shall conspicuously display its certificate in a
				  location visible to the public at the laboratory.
(3) The Department may approve, deny, or
				  classify as provisional parameters and test methods requested for certification
				  by the water quality laboratory.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.05 - Certification of State Water Quality Laboratories › Section 26.08.05.06 - Application for Certification

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  An application is required for:
(1)
				  Certification for microbiology, chemistry, or radiochemistry; or
(2) Renewal of certification.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.05 - Certification of State Water Quality Laboratories › Section 26.08.05.07 - Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. A certified
				  water quality laboratory in the State of Maryland, except a federal, State, or
				  a local government laboratory, shall pay an annual certification fee of $250
				  plus $10 for each specific test and parameter combination for which
				  certification is requested.
B. An
				  out-of-State water quality laboratory shall pay a $400 annual certification fee
				  for all parameters certified by their home state or NELAP accrediting
				  body.
C. The applicant for
				  certification shall pay the fee at the time an application for certification or
				  renewal of certification is submitted to the Department.
D. If a water quality laboratory submits its
				  renewal application after the expiration date of its certification, it shall
				  pay a late fee of $100.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.05 - Certification of State Water Quality Laboratories › Section 26.08.05.08 - On-Site Evaluation

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Department may perform announced, or unannounced, on-site evaluations of the
				  premises and operations of a water quality laboratory that is currently
				  certified or that has applied for certification.
B. During an on-site evaluation, the
				  Department may evaluate the adequacy of the quality assurance program,
				  qualifications of personnel, adequacy of equipment, adequacy of the
				  supervision, and compliance with these regulations.
C. An in-State water quality laboratory may
				  not analyze regulated drinking water contaminants until the Department has
				  conducted an on-site evaluation.
D.
				  The Department may revoke the certification of a laboratory that refuses access
				  for the on-site evaluation.
E. The
				  water quality laboratory shall notify the Department of any on-site evaluations
				  performed by other states or third-party organizations that include the review
				  of drinking water test methods.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.05 - Certification of State Water Quality Laboratories › Section 26.08.05.09 - Personnel Qualifications

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  water quality laboratory shall have staff that is trained in the approved
				  drinking water methods to ensure that the water quality laboratory generates
				  valid and accurate test results.
B.
				  To maintain certification, a water quality laboratory shall continue to meet
				  the education and training criteria identified in the Manual for the
				  Certification of Laboratories Analyzing Drinking Water, which is incorporated
				  by reference in Regulation .02 of this chapter.
C. Water Quality Laboratory Supervisor.
(1) The supervisor of a certified water
				  quality laboratory performing chemical analyses on water samples shall have a
				  bachelor's degree in chemistry or a bachelor's degree in a closely related
				  science with a minimum of 12 semester hours of chemistry work and a minimum of
				  2 years experience in the performance of chemical tests routinely performed by
				  the water quality laboratory except as allowed under §D of this
				  regulation.
(2) The supervisor of a
				  certified water quality laboratory performing microbiological analyses on water
				  samples shall have a bachelor's degree in microbiology or a bachelor's degree
				  in a closely related science with a minimum of one college level microbiology
				  course or equivalent and a minimum of 2 years experience in the performance of
				  microbiological tests routinely performed by the water quality laboratory
				  except as allowed by §D of this regulation.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.05 - Certification of State Water Quality Laboratories › Section 26.08.05.10 - Laboratory Quality Assurance Program

Current through Register Vol. 51, No. 14, July 12, 2024
A. Quality Assurance Manual.
(1) Each certified water quality laboratory
				  shall establish a quality assurance program consistent with U.S. Environmental
				  Protection Agency Laboratory Certification Manual criteria or with TNI
				  standards, if applicable.
(2) A
				  water quality laboratory's Quality Assurance Manual shall include a description
				  of its quality assurance program.
(3) The quality assurance officer for a
				  laboratory is responsible for maintaining the quality assurance
				  manual.
(4) A water quality
				  laboratory shall submit its Quality Assurance Manual for review to the
				  Department as part of the initial certification application.
(5) A water quality laboratory shall submit
				  in writing any revisions to a Quality Assurance Manual if there is a change in
				  laboratory operations or if the Quality Assurance Manual is requested by the
				  Department.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.05 - Certification of State Water Quality Laboratories › Section 26.08.05.11 - Evaluation Procedure

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Documentation of Corrective Actions.
(1) If a
				  certified water quality laboratory is found to be in noncompliance with these
				  regulations, the water quality laboratory shall submit documentation of
				  corrective action to the Department.
(2) If a certified water quality laboratory
				  is found to be in noncompliance with an on-site evaluation by another state or
				  third-party organization, the laboratory shall forward copies of the associated
				  on-site evaluation report or reports, the laboratory's follow up corrective
				  actions, and notifications of certification status.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.05 - Certification of State Water Quality Laboratories › Section 26.08.05.12 - Downgrading of Certification for Performance of Specific Tests

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a water
				  quality laboratory is subject to a change in certification status, the
				  Certification Authority shall notify the laboratory in writing of the intent to
				  downgrade the parameter list for the certificate.
B. The Department may deny, make provisional,
				  or revoke approval for one or more tests for the following reasons:
(1) The certified water quality laboratory
				  fails to satisfactorily participate in an approved proficiency test program as
				  indicated, or to pass the test for each parameter and test method
				  combination;
(2) Failure to pass
				  two or more consecutive proficiency tests;
(3) Failure to implement a Quality Assurance
				  Program required under Regulation .10 of this chapter;
(4) Failure to pass an on-site
				  evaluation;
(5) Failure to complete
				  an acceptable corrective action plan to address the on-site evaluation report;
				  or
(6) Failure to report compliance
				  data in a timely manner, as specified in COMAR 26.04.01.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.05 - Certification of State Water Quality Laboratories › Section 26.08.05.13 - Laboratory Certification Denial, Provisional Certification, and Revocation of Certification

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Denial of Initial Certification.
(1) The
				  Department may deny initial certification to a water quality laboratory for any
				  of the following reasons:
(a) Failure to
				  comply with the minimum standards and qualifications required by this
				  chapter;
(b) Failure to participate
				  in or analyze proficiency test samples;
(c) Submittal of another water quality
				  laboratory's results for proficiency tests;
(d) Intentionally false statements made on
				  the application forms or any document associated with the certification
				  application;
(e) Conviction of any
				  violation of the laws of Maryland related to water quality;
(f) Fraudulently or deceptively obtaining or
				  attempting to obtain a certification;
(g) Failure to pay the prescribed
				  certification fees; or
(h) Failure
				  to submit or complete acceptable corrective actions to an on-site
				  evaluation.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.05 - Certification of State Water Quality Laboratories › Section 26.08.05.14 - Expiration and Renewal of Certification

Current through Register Vol. 51, No. 14, July 12, 2024
A. Expiration Date.
(1) Certification expires on the date shown
				  on the certificate and is renewable annually.
(2) The expiration date of a certificate may
				  be amended upon the written request of a water quality laboratory and the
				  approval of the Certification Authority.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.05 - Certification of State Water Quality Laboratories › Section 26.08.05.15 - Certification of Out-of-State Water Quality Laboratories

Current through Register Vol. 51, No. 14, July 12, 2024
A. An out-of-State water quality laboratory
				  may be certified to perform drinking water analyses pursuant to Environment
				  Article, Title 9, Subtitle 10, Annotated Code of Maryland, provided it is
				  certified by the U.S. Environmental Protection Agency, TNI, or the state in
				  which it is located, if certification criteria are at least as stringent as the
				  requirements of this chapter. Proof of this certification shall be provided to
				  the Department by the out-of-State water quality laboratory.
B. An out-of-State water quality laboratory
				  shall submit acceptable proficiency test results for each certified parameter
				  and method.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.05 - Certification of State Water Quality Laboratories › Section 26.08.05.16 - Changes in Personnel, Analytical Procedures, or Location of Water Quality Laboratory

Current through Register Vol. 51, No. 14, July 12, 2024
A. A water
				  quality laboratory shall report a change in ownership, water quality laboratory
				  supervisor, or analyst in writing to the Department within 30 days after its
				  occurrence.
B. A water quality
				  laboratory shall submit in writing to the Department any proposed changes in
				  analytical procedures, instrumentation, or location of a certified water
				  quality laboratory before the change is implemented.
C. The Department may perform an on-site
				  evaluation within 30 days of notification by the laboratory that a change in
				  location has occurred.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.05 - Certification of State Water Quality Laboratories › Section 26.08.05.17 - Certification Refusal, Revoked Certification, and Provisional Certification

Current through Register Vol. 51, No. 14, July 12, 2024
A. A certification
				  may be downgraded to provisional certification or revoked by the Department
				  following an opportunity for a hearing before the Secretary or a designated
				  hearing officer, pursuant to COMAR 26.01.02.
B. Written notification will be issued to the
				  water quality laboratory or person, or persons, responsible for its operation,
				  specifying one or more reasons for refusal, downgrade to a provisional
				  certification, or revocation.
C. If
				  certification is downgraded to provisional certification, full certification is
				  withdrawn until the cause for noncompliance with this chapter has been removed
				  or addressed.
D. A provisional
				  certification status continuing for more than 90 days without correction may be
				  followed by revocation.
E. After
				  revocation of its certification, the water quality laboratory may be
				  recertified upon presentation to the Department of reasonable evidence of
				  capability to comply with this chapter.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.05 - Certification of State Water Quality Laboratories › Section 26.08.05.18 - Penalty

Current through Register Vol. 51, No. 14, July 12, 2024
A person who violates any provision of Environment Article,
					 Title 9, Subtitle 10, Annotated Code of Maryland, is guilty of a misdemeanor
					 and on conviction is subject to a fine not exceeding $1,000 or imprisonment not
					 exceeding 1 year or both.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.06 - Cleaning Agents › Section 26.08.06.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations restrict phosphorous content in laundry
					 and dishwashing cleaning agents.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.06 - Cleaning Agents › Section 26.08.06.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The following
				  terms have the meanings indicated.
B. Terms Defined.
(1) "Cleaning agent" means a laundry
				  detergent, dishwashing compound, household cleaner, metal cleaner, phosphate
				  compound, or other substance that is used or intended to be used for cleaning
				  purposes.
(2) "Department" means
				  the Department of the Environment.
(3) "Dishwashing detergent" means a cleaning
				  agent sold, used, or manufactured for the purpose of cleaning dishes, whether
				  by hand or by household or commercial machine.
(4) "Laundry detergent" means a cleaning
				  agent sold, used, or manufactured for the purpose of cleaning laundry, whether
				  by hand or by household or commercial machine.
(5) "Person" includes the State, any county,
				  municipal corporation, or other political subdivision of the State, or any of
				  their units, or an individual receiver, trustee, guardian, executor,
				  administrator, fiduciary, or representative of any kind, or any partnership,
				  firm. association, public or private corporation, or any other
				  entity.
(6) "State" means the State
				  of Maryland.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.06 - Cleaning Agents › Section 26.08.06.03 - Phosphate Ban

Current through Register Vol. 51, No. 14, July 12, 2024
A. After December
				  1, 1985, a person may not use, sell, manufacture, or distribute for use or sale
				  any cleaning agent that contains phosphorous, except as provided below:
(1) Products that may be used, sold,
				  manufactured, or distributed for use or sale regardless of phosphorous content
				  include:
(a) A detergent:
(i) Used in dairy, beverage, or food
				  processing cleaning equipment,
(ii)
				  Used in hospitals, veterinary hospitals, clinics, health care facilities, or in
				  agricultural production,
(iii) Used
				  by industry for metal cleaning or conditioning,
(iv) Manufactured, stored, or distributed for
				  use or sale outside the State,
(v)
				  Used in any laboratory, including a biological laboratory, research facility,
				  chemical laboratory, and engineering laboratory,
(vi) Used in a commercial laundry that
				  provides laundry services for a hospital, health care facility, or veterinary
				  hospital, or
(vii) Used for surface
				  cleaning, appliance cleaning, or specialty home cleaning, and not for
				  dishwashing or laundry;
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.07 - Underground Injection Control › Section 26.08.07.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as
				  provided in Regulation .02, the Department of the Environment adopts by
				  incorporation by reference, as its regulations, the federal regulations for
				  Underground Injection Control contained in 40 CFR 144 (48 FR 14189-14203 (April
				  1, 1983)) and as amended in 64 FR 68546 (December 7, 1999), 124 (Subpart A) (48
				  FR 14264-14273 (April 1, 1983)), and 146 (July 1, 1982 Edition), as amended in
				  48 FR 14293 and as amended in 64 FR 68546 (December 7, 1999.).
B. For any underground injection subject to
				  this subtitle, a person may not cause, maintain, or allow any underground
				  injection except as provided in this subtitle. A person may not construct a
				  Class I-Class IV underground injection well subject to this subtitle until a
				  permit has been issued under this subtitle.
C. The terms "Director" and "State Director",
				  defined in 40 CFR
				  144.3 and
				  146.3 mean the Secretary of the
				  Environment or the Secretary of the Environment's designee.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.07 - Underground Injection Control › Section 26.08.07.02 - Exceptions

Current through Register Vol. 51, No. 14, July 12, 2024
40 CFR
					 144.4 (Considerations Under Federal Law) is
					 inapplicable to Underground Injection Control Permits issued by the Department
					 of the Environment and, therefore, is not adopted by incorporation by
					 reference.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.07 - Underground Injection Control › Section 26.08.07.03 - Enforcement

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person who
				  violates the requirements of this chapter is subject to administrative and
				  judicial enforcement and penalties, as provided in Environment Article, §§
										9-334 et seq., Annotated
				  Code of Maryland.
B. The procedures
				  for an adjudicatory hearing under this chapter are those in COMAR
				  26.01.02.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.07 - Underground Injection Control › Section 26.08.07.04 - Prohibitions

Current through Register Vol. 51, No. 14, July 12, 2024
As provided in COMAR
					 26.13.05.19, the underground
					 injection of hazardous waste is prohibited in Maryland.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.08 - Pretreatment Requirements to Control Industrial Users of Publicly Owned Treatment Works › Section 26.08.08.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The Department shall operate the State Pretreatment Program
					 to:
A. Meet national pretreatment
				  requirements; and
B. Eliminate
				  contributions of pollutants discharged from industrial users into publicly
				  owned treatment works (POTWs) which cause interference with or pass through the
				  POTW, or contaminate the sludge.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.08 - Pretreatment Requirements to Control Industrial Users of Publicly Owned Treatment Works › Section 26.08.08.02 - General Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. POTWs
				  meeting the conditions in Regulation .05 of this chapter shall develop and
				  implement a pretreatment program in accordance with pretreatment
				  requirements.
B. New and existing
				  industrial users which directly or indirectly discharge industrial waste into
				  POTWs shall be regulated by the State and by persons owning POTWs under
				  authority delegated to them by the State.
C. A person may not:
(1) Introduce industrial wastes into a POTW
				  except in compliance with pretreatment requirements; or
(2) Prevent or interfere with the inspection
				  and sampling of industrial users subject to pretreatment
				  requirements.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.08 - Pretreatment Requirements to Control Industrial Users of Publicly Owned Treatment Works › Section 26.08.08.03 - State Pretreatment Program

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  A person owning a POTW or combination of POTWs shall implement POTW
				  pretreatment programs in accordance with the pretreatment regulations in this
				  section if:
(1) The total design flow exceeds
				  5 million gallons per day; and
(2)
				  Industrial users discharge wastes which pass through, or cause interference, or
				  are otherwise subject to national pretreatment standards.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.08 - Pretreatment Requirements to Control Industrial Users of Publicly Owned Treatment Works › Section 26.08.08.04 - Variance to State Pretreatment Program

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person believing that factors relating
				  to an industrial user are fundamentally different from the factors considered
				  during development of a national pretreatment standard applicable to the user,
				  and that the existence of those factors justifies a different discharge limit
				  from that specified in the applicable national pretreatment standard, may
				  request a fundamentally different factor variance.
B. A person seeking a variance shall submit
				  to the Department an application which contains the information required for
				  request of variances in the national pretreatment requirements.
C. The Department shall review requests for
				  fundamentally different factors in accordance with procedures established by
				  the national pretreatment requirements and forward the application with its
				  comments to EPA.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.08 - Pretreatment Requirements to Control Industrial Users of Publicly Owned Treatment Works › Section 26.08.08.05 - Pretreatment Reporting Requirements for a Person Owning a POTW

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person who
				  owns a POTW and has reason to believe that an industrial user has caused
				  interference, pass through, or a permit violation in the POTW shall:
(1) Within 24 hours report the event to the
				  Department; and
(2) Within 14 days
				  submit to the Department a written summary of the occurrence and any
				  enforcement or corrective actions taken to prevent or minimize
				  recurrence.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.09 - Public Bathing Beaches › Section 26.08.09.01 - Definitions

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) "Approving authority" means the Secretary
				  of the Department of the Environment or the Secretary's designee.
(2) "Beach Action Value" (BAV) means the
				  value the approving authority uses to issue beach notifications and is defined
				  as follows:
(a) BA V is 235 colony forming
				  units (cfu) using E. coli indicator at freshwater beaches.
(b) BAV is 104 cfu using Enterococci
				  indicator at marine beaches.
(3) Beaches.
(a) "Beaches" means natural waters, including
				  points of access, used by the public for swimming, bathing, surfing, or other
				  similar water contact activities.
(b) Beaches are places where people engage in
				  or are likely to engage in activities that could result in immersion in or
				  ingestion of the water.
(c) Beaches
				  are designated as such from Memorial Day through Labor Day.
(4) "Owner or operator" means an
				  individual, receiver, trustee, guardian, personal representative, fiduciary, or
				  representative of any kind and any partnership, firm, association, corporation,
				  governmental body, or other entity receiving a permit for a beach.
(5) Permitted Beach.
(a) "Permitted beach" means a beach which the
				  owner or operator holds open to the public for bathing, swimming, or other
				  water recreation and which abuts a pond, lake, quarry, stream, bay, or other
				  water body.
(b) "Permitted beaches"
				  includes the buildings and appurtenances, if any, used in connection with
				  it.
(6) "Sampling event"
				  means samples taken at a beach or permitted beach to characterize bacterial
				  concentrations with the number and placement of sampling stations sufficient to
				  characterize conditions in the full extent of the bathing area.
(7) "Sanitary survey" means a comprehensive
				  survey conducted by the approving authority of the topographic drainage area
				  surrounding the beach or permitted beach to determine possible sources of
				  pollution or any discharge which may adversely affect the quality of water in
				  the swimming area.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.09 - Public Bathing Beaches › Section 26.08.09.02 - Approval of Plans and Application for Permitted Beaches

Current through Register Vol. 51, No. 14, July 12, 2024
A. An owner or operator shall submit an
				  application for a permit to operate a permitted beach to the approving
				  authority for approval 30 days before the planned opening of the permitted
				  beach.
B. Plans.
(1) Plans shall be drawn to scale.
(2) The application shall include the
				  following plans, except as provided in §C, of this regulation:
(a) A diagram of the beach area including all
				  buildings;
(b) Plans for the
				  bathhouses;
(c) Plans of the water
				  supply and sewage system;
(d)
				  Location of trash and waste containers;
(e) Plans of any food facility; and
(f) Plans of marina facilities, if
				  any.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.09 - Public Bathing Beaches › Section 26.08.09.03 - Annual Permit for Operation of Permitted Beaches

Current through Register Vol. 51, No. 14, July 12, 2024
A. An owner or operator may not operate or
				  permit the use of a permitted beach without obtaining a written permit from the
				  approving authority.
B. The beach
				  shall be served by public sewerage or an approved sewage disposal system. An
				  operating permit may not be issued until a sanitary survey conducted by the
				  approving authority has demonstrated that the beach does not represent a public
				  health risk.
C. A permittee shall
				  comply with all:
(1) Terms and conditions of
				  the permit;
(2) Applicable laws,
				  regulations, and ordinances.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.09 - Public Bathing Beaches › Section 26.08.09.04 - Drinking Water at Permitted Beaches

Current through Register Vol. 51, No. 14, July 12, 2024
An adequate supply of potable drinking water shall be
					 available to bathers at each permitted beach.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.09 - Public Bathing Beaches › Section 26.08.09.05 - Sanitary Facilities at Permitted Beaches

Current through Register Vol. 51, No. 14, July 12, 2024
A. Toilet facilities shall be provided in
				  accordance with applicable local plumbing codes.
B. The beach shall be served by public
				  sewerage or an approved sewage disposal system. Sewage disposal systems shall
				  comply with COMAR 26.04.02 and COMAR 26.04.03 and all applicable local
				  ordinances.
C. Plans for a sewage
				  disposal system to be constructed at any beach shall first be submitted to, and
				  receive the written approval of, the approving authority.
D. The permittee shall provide adequate
				  containers for the disposal of refuse, trash, and garbage.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.09 - Public Bathing Beaches › Section 26.08.09.06 - Sanitary Quality of Permitted Beaches

Current through Register Vol. 51, No. 14, July 12, 2024
A. A sanitary survey shall be performed by
				  the approving authority before a beach is permitted to open.
B. The sanitary quality of a beach is
				  acceptable for use when the sanitary survey discloses that there is no public
				  health risk.
C. The sanitary survey
				  shall evaluate potential sources of pollution which include, but are not
				  limited to:
(1) Discharges from sewage
				  treatment plants, sewage pumping stations, storm drain outfalls, and failing
				  on-site sewage disposal systems;
(2) Natural storm water discharges;
(3) Industrial and commercial
				  discharges;
(4) Agricultural
				  runoff;
(5) Discharges at marinas;
				  and
(6) Concentrated domestic or
				  wild animal populations.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.09 - Public Bathing Beaches › Section 26.08.09.07 - Tiered Monitoring-Applicable Memorial Day Through Labor Day

Current through Register Vol. 51, No. 14, July 12, 2024
A. Prioritization
				  for Monitoring. The approving authority shall maintain a list of all beaches.
				  The monitoring priority for each area shall be based on frequency and nature of
				  use, proximity of pollution sources, and effects of storm events on the waters.
				  The approving authority shall identify each beach as Tier 1 (High Priority),
				  Tier 2 (Medium Priority), or Tier 3 (Low Priority) and provide appropriate
				  public notification.
B.
				  Bacteriological Monitoring.
(1) The approving
				  authority shall perform a sanitary survey before a beach may open. In addition,
				  one or more sampling events shall be performed and completed during the 30-day
				  period before the opening of a beach for public use.
(2) Sampling Frequency.
(a) Tier 1-Frequently used beaches or beaches
				  where risk may potentially be elevated by known pollution sources or impacts
				  from rainfall shall be monitored weekly.
(b) Tier 2-Less frequently used beaches or
				  beaches where potential pollution impacts are minimal shall be monitored
				  biweekly.
(c) Tier 3-All other
				  beaches shall be monitored monthly.
(3) Evaluation of water quality using Beach
				  Action Values (BAV).
(a) Sampling events shall consist of at least three
				  indicator bacteria samples per sampling event.
(b) In addition to the
				  application of the BAV, the approving authority may consider other factors,
				  including the results of sanitary surveys, prior rainfall, and other
				  environmental conditions in making public health decisions.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.09 - Public Bathing Beaches › Section 26.08.09.08 - Public Notification

Current through Register Vol. 51, No. 14, July 12, 2024
A. When
				  results of the samples show an indicator organism density that exceeds the
				  Beach Action Value, the Approving Authority shall issue a public notification
				  unless there is reason to doubt the accuracy or certainty of the first sample.
				  The approving authority shall then promptly resample and, if standards are
				  being exceeded, prompt public notification of the advisory or closure if
				  required. If a known pollution source exists, such as combined sewer overflow,
				  failing sewer infrastructure, wastewater treatment discharge, or other source,
				  the approving authority shall close the beach and provide prompt public
				  notification of the closing.
B. The
				  beach may be opened or the advisory lifted only after subsequent
				  bacteriological sampling results in indicator densities that satisfy the Beach
				  Action Value.
C. When an emergency
				  health hazard is caused by any dangerous contaminant or condition, the
				  Approving Authority or the Department may immediately order the beach closed
				  and summarily suspend the operating permit (for permitted beaches) and shall
				  promptly provide the permittee written notice of the suspension, the finding
				  and the reasons that support the finding, and an opportunity to be heard.
				  Public notification procedures shall be implemented.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.09 - Public Bathing Beaches › Section 26.08.09.09 - Appeal

Current through Register Vol. 51, No. 14, July 12, 2024
An owner or operator aggrieved by the decision of the
					 Department shall have notice and an opportunity for a hearing in accordance
					 with the provisions of the Administrative Procedure Act and other applicable
					 statutes and regulations. Requests for hearings shall be filed with the
					 Department, Water Management Administration, within 10 days after notification
					 by the Department or the Approving Authority of the opportunity for a
					 hearing.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.10 - Overflows or Bypasses › Section 26.08.10.01 - Definition

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  the following term has the meaning indicated.
B. Overflow.
(1) "Overflow" means any loss of wastewater
				  or discharge from a sanitary sewer system, combined sewer system, or wastewater
				  treatment plant bypass which results in the direct or potential discharge of
				  raw, partially treated or diluted sewage into waters of the State as defined in
				  Environment Article, §
											9-101(l),
				  Annotated Code of Maryland.
(2)
				  "Overflow" includes, but is not limited to, any overflow or discharge of raw or
				  diluted sewage onto the surface of the ground, into waterways, storm drains,
				  ditches or other manmade or natural drainage conveyances to surface or ground
				  waters.
(3) "Overflow" does not
				  include:
(a) An overflow or discharge of 50
				  gallons or less to the ground that are cleaned up within 1 hour of its
				  occurrence; and
(b) An overflow or
				  discharge to impervious surfaces that are effectively contained and cleaned up
				  so that there is no direct or potential pollution of waters of the State as a
				  result of the overflow or discharge.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.10 - Overflows or Bypasses › Section 26.08.10.02 - Overflows Prohibited

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Overflows are prohibited except as allowed under the terms of a discharge
				  permit issued by the Department.
B.
				  The existence of a discharge permit for a sanitary sewer system or combined
				  sewer system that does not specifically reference the requirements of this
				  chapter does not exclude the owner, operator, or permittee from the
				  requirements of this chapter.