reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.05 - Procedures for Performing Lead Paint Abatement Services › Section 26.16.05.06 - Lead-Based Paint Inspections

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Lead-based paint inspections for single-family housing or multiple-unit housing
				  shall be performed in accordance with COMAR
				  26.16.02.05 a.
B. XRF Sampling.
(1) XRF calibration checks shall be performed
				  in accordance with the manufacturer's specifications and most recent
				  performance characteristics sheet (PCS).
(2) XRF analyzers shall be checked according
				  to the manufacturer's specifications.
(3) Calibration check readings shall be:
(a) Recorded on the calibration check test
				  results form prescribed by the Department; or
(b) Stored in the instrument's memory and
				  printed out or transferred to a computer.
(4) The MDE 330 Form E shall be used to
				  record a summary of the inspection.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.05 - Procedures for Performing Lead Paint Abatement Services › Section 26.16.05.07 - Lead-Safe Housing Inspections

Current through Register Vol. 51, No. 14, July 12, 2024
A lead-safe housing inspection shall be performed in
					 accordance with COMAR
					 26.16.02.04 a.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.05 - Procedures for Performing Lead Paint Abatement Services › Section 26.16.05.09 - Dust Wipe Inspections Performed to Establish Compliance with Environment Article, Sections6-815 and 6-819, Annotated Code of Maryland

Current through Register Vol. 51, No. 14, July 12, 2024
A. An inspection
				  for lead-contaminated dust shall be conducted in accordance with COMAR
				  26.16.02.03 a by a
				  State-accredited visual inspector or risk assessor.
B. Risk reduction certificates based on dust
				  sampling shall include a visual review of all interior and exterior painted
				  surfaces of the rental dwelling unit to verify there is no chipping, peeling,
				  or flaking paint.
C. Lead dust
				  samples shall be collected using the following tools:
(1) A template or method of marking a
				  measured area on floors, window sills, and window wells;
(2) Wipes meeting the requirements of
				  Regulation .06C(5)(b) of this chapter;
(3) Nonsterilized nonpowdered latex or
				  similar disposable gloves;
(4)
				  Nonsterilized 50 milliliter polyethylene centrifuge tubes with caps;
(5) Dust sample collection forms;
(6) Masking tape; and
(7) Trash bags.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.05 - Procedures for Performing Lead Paint Abatement Services › Section 26.16.05.10 - Clearance Inspections for Abatement Projects

Current through Register Vol. 51, No. 14, July 12, 2024
A. Following a lead abatement project,
				  performed in accordance with COMAR 26.02.07, a lead paint visual inspector,
				  inspector technician, or risk assessor accredited by the Department shall
				  perform a clearance inspection for lead-contaminated dust to determine if the
				  lead content in dust is less than the levels stated in COMAR
				  26.16.02.02B.
B. A Department-accredited lead
				  paint visual inspector, inspector technician, or risk assessor shall collect
				  dust samples from each interior room where lead abatement was performed, using
				  all of the dust sample collection procedures specified in Regulation .09 of
				  this chapter.
C. Samples shall be
				  taken from the following:
(1) At least one
				  sample from the floor;
(2) At least
				  one sample from a window sill; and
(3) At least one sample from a window
				  well.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.05 - Procedures for Performing Lead Paint Abatement Services › Section 26.16.05.11 - Lead Risk Assessments

Current through Register Vol. 51, No. 14, July 12, 2024
Lead risk assessments shall be performed in accordance with
					 40 CFR §
											745.227. Lead risk assessments under this
					 chapter may not be conducted to issue a certificate to satisfy the Maryland
					 Reduction of Lead Risk in Housing Act.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.05 - Procedures for Performing Lead Paint Abatement Services › Section 26.16.05.12 - Collection and Laboratory Analysis of Samples

Current through Register Vol. 51, No. 14, July 12, 2024
A. Determination of lead content in paint
				  shall be in accordance with COMAR
				  26.16.01.03 a B.
B. A person that collects a paint chip, dust,
				  or soil sample in accordance with the procedures contained in this chapter
				  shall be accredited by the Department as a lead paint inspector technician,
				  visual inspector, or risk assessor and employed by a Department-accredited
				  contractor.
C. A lead paint
				  inspector technician, visual inspector, or risk assessor shall submit a
				  collected sample for analysis to a laboratory:
(1) Recognized by the U.S. Environmental
				  Protection Agency under 15
				  U.S.C. §
												2685(b) as
				  accredited under the National Lead Laboratory Accreditation Program;
				  and
(2) That demonstrates it can
				  achieve a quantitation limit equal to or less than:
(a) 20 percent of the lowest level of lead
				  content in paint that constitutes a lead-containing substance, as stated in
				  COMAR 26.16.01.02B;
(b) 20 percent of the lowest action level or
				  regulatory limit for lead content in soil established under
				  40 CFR §
													745.65(c) or a more
				  stringent standard published by the Department; or
(c) 50 percent of the lowest level of lead
				  content in dust that constitutes lead-contaminated dust, as stated in COMAR
				  26.16.02.02B.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.05 - Procedures for Performing Lead Paint Abatement Services › Section 26.16.05.13 - Record Keeping

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person who
				  performs lead inspection services shall maintain all reports, plans, and forms
				  required under this chapter for at least 5 years.
B. The Department reserves the right to
				  conduct oversight inspections of all lead inspections performed under this
				  chapter.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.06 - Lead in Children's Products › Section 26.16.06.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter establishes requirements and standards for the
					 testing and certification of children's products.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.06 - Lead in Children's Products › Section 26.16.06.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this
				  subtitle, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Distribute" means to place children's
				  products into the Maryland stream of commerce to be sold or offered for sale in
				  Maryland.
(2) "Distributor" means a
				  person who places children's products into the Maryland stream of commerce to
				  be sold or offered for sale in Maryland.
(3) "Import" means to bring children's
				  products from a foreign or external source into the Maryland stream of commerce
				  to be sold or offered for sale in Maryland.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.06 - Lead in Children's Products › Section 26.16.06.03 - Certification of Children's Products

Current through Register Vol. 51, No. 14, July 12, 2024
A. A United States manufacturer, or if the
				  manufacturer is not a United States manufacturer, the importer of record, of a
				  children's product, for which a children's product certification is required
				  under federal law, shall issue a written certificate that certifies that the
				  children's product is not a lead-containing product.
B. Before issuing a certificate, a United
				  States manufacturer, or if the manufacturer is not a United States
				  manufacturer, the importer of record, shall verify that the children's product
				  was tested, as required by Regulation .04 of this chapter.
C. The certificate shall be on a form created
				  by the Department or a document that includes the following information:
(1) A statement that the children's product
				  is not a lead-containing product;
(2) The name of the manufacturer;
				  and
(3) The date and place of
				  manufacture.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.06 - Lead in Children's Products › Section 26.16.06.04 - Testing

Current through Register Vol. 51, No. 14, July 12, 2024
A. A certificate
				  issued in accordance with Regulation .03 of this chapter shall be based on:
(1) A test of each children's product;
				  or
(2) A testing program recognized
				  by federal law.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.06 - Lead in Children's Products › Section 26.16.06.05 - Maintenance of Documents

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person
				  shall maintain a copy of all documents required to be maintained by Environment
				  Article, §
										6-1304(c)
				  and (d), Annotated Code of Maryland, for at least 3 years after the person is
				  last in possession of the children's product.
B. A person shall provide to the Department
				  or any person a copy of all documents required to be provided by Environment
				  Article, §
										6-1304(c)
				  and (d), Annotated Code of Maryland, within 30 days of a written
				  request.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.06 - Lead in Children's Products › Section 26.16.06.06 - Reporting of Lead Containing Products

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a person determines that a person has
				  manufactured, sold, offered for sale, imported, or distributed a children's
				  product in violation of Environment Article, §
										6-1303, Annotated Code of
				  Maryland, the person shall report the violation to the Department.
B. Within 24 hours of determining the
				  violation has occurred, the person shall submit a report to the Department on a
				  form created by the Department or that includes the following information:
(1) The identity of the children's product
				  found to be a lead-containing product;
(2) The identity of all the components found
				  to be part of the lead-containing product;
(3) All the lead levels in violation of
				  Environment Article, §
											6-1303, Annotated Code of
				  Maryland, found in the components of the children's product; and
(4) All lead testing results for the
				  children's product found to be in violation.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.06 - Lead in Children's Products › Section 26.16.06.07 - Sale of Existing Inventory

Current through Register Vol. 51, No. 14, July 12, 2024
A children's product placed into the Maryland stream of
					 commerce before the effective date of this chapter is not subject to this
					 chapter's requirements if it is in compliance with the Federal Hazardous
					 Substances Act and federal law and is sold to a consumer within 90 days after
					 the effective date of this chapter.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.07 - Lead in Drinking Water-Public and Nonpublic Schools › Section 26.16.07.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter requires public and nonpublic schools to test
					 their drinking water outlets for lead contamination and establishes an ongoing
					 program to minimize the risk of exposure to lead in the school's drinking water
					 and establishes an action level of 20 parts per billion (ppb)for lead in
					 drinking water in school buildings.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.07 - Lead in Drinking Water-Public and Nonpublic Schools › Section 26.16.07.02 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter establishes requirements and standards for
					 lead monitoring in occupied public and nonpublic school buildings serving
					 prekindergarten through grade 12 students where drinking water to the building
					 is provided by a public water system. This chapter does not apply to a public
					 or nonpublic school that is regulated as a public water system in accordance
					 with the requirements of COMAR 26.04.01.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.07 - Lead in Drinking Water-Public and Nonpublic Schools › Section 26.16.07.04 - Applicability and Authority

Current through Register Vol. 51, No. 14, July 12, 2024
A. This
				  chapter applies to the testing of drinking water from drinking water outlets in
				  occupied public or nonpublic school buildings, except as noted in §B of this
				  regulation.
B. This chapter does
				  not apply to a public or nonpublic school if the school's water system is
				  classified as a public water system and is already subject to testing for lead
				  under COMAR
				  26.04.01.06-2.
C. Each school shall establish that it:
(1) Has a school-specific plan for testing
				  prior to each sampling event;
(2)
				  Has a plan for remedial action if an elevated level of lead is
				  detected;
(3) Has identified a
				  designated responsible person who will ensure that this regulation is followed;
				  and
(4) Maintains records of sample
				  dates and times, sample types, sample locations, types of outlets sampled,
				  results of testing, waivers granted, and all actions taken.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.07 - Lead in Drinking Water-Public and Nonpublic Schools › Section 26.16.07.05 - Waivers

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department,
				  in consultation with MSDE, may grant a waiver from the testing required under
				  this regulation if a school submits a written request for a waiver, using a
				  form generated by the Department, along with the required documentation that:
(1) The following two conditions have been
				  met:
(a) All drinking water outlets in the
				  school building were tested, no more than 5 years before the effective date of
				  this regulation, for the presence of lead in a manner that complies with this
				  chapter, including analysis by a certified laboratory; and
(b) All test results are at a level of 5 ppb
				  or lower in all drinking water outlet samples;
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.07 - Lead in Drinking Water-Public and Nonpublic Schools › Section 26.16.07.06 - Testing Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. All
				  public and nonpublic schools that are not classified as a public water system
				  and have not been granted a waiver shall conduct initial testing for the
				  presence of lead in every drinking water outlet located in an occupied public
				  or nonpublic school building. Bathroom and classroom sinks not clearly signed
				  as not a drinking water outlet are subject to testing under this
				  section.
B. Testing shall be
				  prioritized as follows:
(1) Drinking water
				  outlets in school buildings constructed before 1988 and school buildings
				  serving students in prekindergarten through grade 5 shall initially be tested
				  before July 1, 2018.
(2) Drinking
				  water outlets in school buildings constructed in 1988 or later and serving
				  students in grade 6 through grade 8 not already subject to testing under this
				  chapter shall initially be tested before July 1, 2019.
(3) Drinking water outlets in school
				  buildings constructed in 1988 or later and serving students in grade 9 through
				  grade 12 not already subject to testing under this chapter shall initially be
				  tested before July 1, 2020.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.07 - Lead in Drinking Water-Public and Nonpublic Schools › Section 26.16.07.07 - Standard Sampling Method

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Schools shall collect samples in accordance with the following procedures:
(1) Collect 250 mL first-draw samples in
				  prelabeled sampling bottles.
(2)
				  Collect samples from the cold water tap.
(3) If the outlet has an aerator, leave the
				  aerator in place during sampling.
(4) If the outlet has a filter, sample
				  without the filter.
(5) Determine
				  if one chiller serves more than one fountain; if it does, collect first-draw
				  samples from each fountain.
(6)
				  Follow all laboratory or Department instructions for collecting, handling, and
				  submitting water samples.
(7)
				  Samples must be acidified within 14 days of collection unless sample bottles
				  are pre-acidified by the laboratory.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.07 - Lead in Drinking Water-Public and Nonpublic Schools › Section 26.16.07.08 - Response to Samples Indicating Elevated Levels of Lead

Current through Register Vol. 51, No. 14, July 12, 2024
After being notified by the laboratory of an elevated level
					 of lead in a drinking water outlet, schools shall:
A. Within 24 hours, prevent all physical
				  access to water from the drinking water outlet until the problem is
				  mitigated;
B. Within 5 school days,
				  collect a flushed sample from each outlet for which the first-draw sample
				  result exceeded 20 ppb of lead;
C.
				  Have the flush sample analyzed by a certified laboratory; and
D. Continuously maintain an adequate supply
				  of drinking water to school occupants that meets the current Safe Drinking
				  Water Act standards.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.07 - Lead in Drinking Water-Public and Nonpublic Schools › Section 26.16.07.09 - Notification Requirements Following Detection of Elevated Levels of Lead

Current through Register Vol. 51, No. 14, July 12, 2024
A. The school shall
				  provide a notice of all lead sample results with an elevated level of lead to:
(1) The parent or legal guardian of each
				  student attending the school within 10 school days of the school's receipt of
				  the laboratory report; and
(2)
				  Teachers and other employees within 10 school days of the school's receipt of
				  the laboratory report.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.07 - Lead in Drinking Water-Public and Nonpublic Schools › Section 26.16.07.10 - Remedial Plan of Action

Current through Register Vol. 51, No. 14, July 12, 2024
A. If
				  elevated levels of lead are found in any drinking water outlet, the school
				  shall determine and document a remedial plan of action to permanently reduce
				  the lead level or replace the outlet, plumbing, or service line contributing to
				  the elevated level of lead.
B. The
				  school shall provide its remedial plan of action to the Department andMSDE
				  within 30 school days of receiving laboratory results of first-draw testing
				  indicating elevated levels of lead in drinking water outlets.
C. The school shall include one or more of
				  the following actions in its remedial plan of action:
(1) Permanently close access to the outlet or
				  remove the outlet;
(2) Install and
				  maintain a point of use filter at the outlet;
(3) Repair, reconfigure, or replace the
				  outlet, plumbing, or service line contributing to the elevated level of
				  lead;
(4) Install and maintain
				  automatic flushing of outlets after testing confirms that the lead level in the
				  outlet after flushing is not elevated. The automatic flushing outlets shall be
				  installed in:
(a) Kitchen sinks;
(b) Teachers' lounge sinks;
(c) Home economics classroom sinks;
(d) Nurse's office sinks;
(e) Other sinks in the building;
				  and
(f) Other outlets as approved
				  by the Department;
(5)
				  Provide bottled water;
(6) Check
				  grounding wires and, if existing wires are grounded to water pipes, find an
				  alternative grounding system; and
(7) Reconfigure plumbing to bypass sources of
				  lead contamination.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.07 - Lead in Drinking Water-Public and Nonpublic Schools › Section 26.16.07.11 - Reporting

Current through Register Vol. 51, No. 14, July 12, 2024
A. Every sample
				  result of lead shall be reported to the Department, MSDE, and the appropriate
				  local health department within 30 days after the samples were analyzed with the
				  following information:
(1) The date and time
				  the water was last used in the school building;
(2) The date and time of sample collection;
				  and
(3) The specific tap
				  tested;
(4) The sample collector
				  name and contact information; and
(5) The school building address.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.07 - Lead in Drinking Water-Public and Nonpublic Schools › Section 26.16.07.12 - Record Keeping.

Current through Register Vol. 51, No. 14, July 12, 2024
Each school shall maintain the following records for a
					 minimum of 10 years and make them available if requested by the Department or
					 MSDE:
A. Sampling plan that includes
				  the location and types of all drinking water outlets;
B. Names and responsibilities of all
				  individuals and/or laboratories involved in sampling and testing;
C. Records related to sampling and testing,
				  including date, type of sample, and results;
D. Immediate actions taken, by whom, and
				  dates;
E. Remedial action plan and
				  documented actions;
F. Records
				  related to lead-free plumbing;
G.
				  Records related to bottled water; and
H. Waiver requests, supporting documentation,
				  and the Department's decision regarding the waiver.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.08 - Environmental Investigations › Section 26.16.08.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of this chapter is to establish the:
A. Procedures and technical standards for
				  conducting an environmental investigation; and
B. Job performance standards for a
				  Department-accredited lead paint risk assessor conducting an environmental
				  investigation.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.08 - Environmental Investigations › Section 26.16.08.02 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				  applies to an environmental investigation performed pursuant to Environment
				  Article, §
										6-305, Annotated Code of
				  Maryland.
B. This chapter does not
				  apply to the performance of a lead paint abatement service other than an
				  environmental investigation required under Environment Article, §
										6-305, Annotated Code of
				  Maryland
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.08 - Environmental Investigations › Section 26.16.08.04 - Incorporation by Reference

Current through Register Vol. 51, No. 14, July 12, 2024
A. In
				  this chapter, the following documents are incorporated by reference:
(1) General requirements for the competence
				  of testing and calibration laboratories (ISO/IEC 17025:2017(E));
(2) The U.S. Department of Housing and Urban
				  Development Guidelines for the Evaluation and Control of Lead-Based Paint
				  Hazards in Housing (Second Edition, July 2012), Chapter 16: Investigation and
				  Treatment of Dwellings that House Children with Elevated Blood Lead
				  Levels;
(3) Standard Practice for
				  Collection of Settled Dust Samples Using Wipe Sampling Methods for Subsequent
				  Lead Determination (ASTM Standard E1 728/E1 728M-20, 2020 Edition);
(4) Standard Practice for Field Collection of
				  Dried Paint Samples for Subsequent Lead Determination (ASTM E1729-16, 2016
				  Edition); and
(5) Standard Practice
				  for Field Collection of Soil Samples for Subsequent Lead Determination (ASTM
				  E1727-16, 2016 Edition).
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.08 - Environmental Investigations › Section 26.16.08.05 - Scheduling an Environmental Investigation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Pursuant to Environment Article, §
										6-304, Annotated Code of
				  Maryland, after the receipt by the Department of a blood lead level test result
				  that diagnoses a child or pregnant woman with EBL, the Department or local
				  health department shall:
(1) Not more than 10
				  business days after the receipt of the blood lead level test result, provide
				  notification of the EBL level to:
(a) The
				  caregiver of the child or the pregnant woman; and
(b) If the child or pregnant woman resides at
				  a property not owned by the caregiver or pregnant woman, the owner of the
				  property where the child or pregnant woman resides; and
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.08 - Environmental Investigations › Section 26.16.08.06 - Environmental Investigation Protocol

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as otherwise provided in Regulation
				  .05D of this chapter, a lead paint risk assessor shall perform an environmental
				  investigation in response to a child's or pregnant woman's diagnosis of EBL, as
				  required under Environment Article, §
										6-305, Annotated Code of
				  Maryland.
B. The lead paint risk
				  assessor shall determine the year of construction for the property being
				  investigated, which may be accomplished by viewing the property tax records
				  available through the State Department of Assessment and Taxation.
C. Environmental Questionnaire.
(1) The lead paint risk assessor shall
				  complete an environmental questionnaire with the caregiver or pregnant woman
				  during an on-site assessment of a primary residence.
(2) The lead paint risk assessor shall
				  complete the environmental questionnaire on a form provided by the Department
				  that is consistent with or more detailed than Form 16.1 of the HUD Guidelines,
				  Chapter 16.
(3) The lead paint risk
				  assessor shall use the environmental questionnaire to:
(a) Identify a potential lead hazard for a
				  child or pregnant woman, including:
(i)
				  Behavioral, cultural, hobby, housing, or occupational lead exposure risk
				  factors; and
(ii) Less common
				  sources of lead exposure as identified in Table 16.4 of the HUD Guidelines,
				  Chapter 16;
(b)
				  Determine the type of environmental sampling to be conducted during the on-site
				  assessment; and
(c) Identify
				  whether there is a secondary property that requires an on-site
				  assessment.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.08 - Environmental Investigations › Section 26.16.08.07 - Technical Standards for Environmental Sampling

Current through Register Vol. 51, No. 14, July 12, 2024
A. A lead paint risk assessor shall perform
				  environmental sampling in accordance with the technical standards and
				  environmental sampling requirements set forth in this regulation.
B. A lead paint risk assessor shall submit a
				  paint chip, soil, or dust wipe sample for analysis to a laboratory:
(1) Recognized by the U.S. Environmental
				  Protection Agency under 15
				  U.S.C. §
												2685(b) as
				  accredited under the National Lead Laboratory Accreditation Program;
				  and
(2) That demonstrates it can
				  achieve a quantitation limit equal to or less than:
(a) 20 percent of the lowest level of lead
				  content in paint that constitutes a lead-containing substance, as stated in
				  COMAR 26.16.01.02B;
(b) 20 percent of the lowest action level or
				  regulatory limit for lead content in soil established under
				  40 CFR §
													745.65(c) or a more
				  stringent standard published by the Department; or
(c) 50 percent of the lowest level of lead
				  content in dust that constitutes lead-contaminated dust, as stated in COMAR
				  26.16.02.02B.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 16 - LEAD › Chapter 26.16.08 - Environmental Investigations › Section 26.16.08.08 - Environmental Investigation Report

Current through Register Vol. 51, No. 14, July 12, 2024
A. Pursuant to the provisions of Environment
				  Article, §
										6-819, Annotated Code of
				  Maryland, if the property being investigated is an affected property with a
				  defect observed during an on-site assessment:
(1) The lead paint risk assessor shall issue
				  a Notice of Defect to the owner of the affected property; and
(2) The property owner shall satisfy the
				  modified risk reduction standard within 30 days of receiving the Notice of
				  Defect from the lead paint risk assessor.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 17 - WATER MANAGEMENT › Chapter 26.17.01 - Erosion and Sediment Control › Section 26.17.01.02 - General Provisions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Administration shall be responsible for the implementation and supervision of
				  the erosion and sediment control program established by the Sediment Control
				  Subtitle. This responsibility includes but is not limited to:
(1) Establishment of policies, procedures,
				  standards, and criteria relating to erosion and sediment control;
(2) The review and approval of:
(a) County erosion and sediment control
				  ordinances;
(b) Municipal erosion
				  and sediment control ordinances;
(c) The Commission's erosion and sediment
				  control regulations;
(d) Erosion
				  and sediment control programs;
(e)
				  Erosion and sediment control plans for State projects and federal
				  projects;
(f) Other erosion and
				  sediment control plans, as necessary; and
(g) Training programs;
(3) Inspection and enforcement in accordance
				  with this chapter; and
(4)
				  Determinations on the delegation of enforcement authority in accordance with
				  Regulation .03 of this chapter.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 17 - WATER MANAGEMENT › Chapter 26.17.01 - Erosion and Sediment Control › Section 26.17.01.03 - Delegation of Enforcement Authority

Current through Register Vol. 51, No. 14, July 12, 2024
A. A county, a municipality or the Commission
				  may seek delegation of enforcement authority from the Secretary to enforce
				  compliance with the provisions of the following:
(1) This chapter;
(2) An approved erosion control
				  ordinance;
(3) Approved erosion and
				  sediment control regulations; and
(4) Approved erosion and sediment control
				  plans.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 17 - WATER MANAGEMENT › Chapter 26.17.01 - Erosion and Sediment Control › Section 26.17.01.04 - Erosion and Sediment Control Ordinances

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each county and municipality shall adopt
				  an erosion and sediment control ordinance in compliance with the intent and
				  requirements of the Sediment Control Subtitle and the "2011 Maryland Standards
				  and Specifications for Soil Erosion and Sediment Control". Within 6 months of
				  the adoption of this Subtitle, counties and municipalities shall submit
				  ordinances and amendments to the Administration for review. Counties and
				  municipalities shall adopt an approved ordinance within 1 year of this
				  Subtitle's adoption. Municipalities may adopt the erosion and sediment control
				  ordinance of their respective county.
B. The Commission shall adopt erosion and
				  sediment control regulations covering utility operations in Prince George's and
				  Montgomery counties that are in compliance with the intent and requirements of
				  the Sediment Control Subtitle and the "2011 Maryland Standards and
				  Specifications for Soil Erosion and Sediment Control". Within 6 months of the
				  adoption of this subtitle, the Commission shall develop erosion and sediment
				  control regulations in consultation with and subject to the review and approval
				  of the Administration, the Prince George's Soil Conservation District, and the
				  Montgomery Soil Conservation District as appropriate. The Commission shall
				  adopt approved regulations within one year of this Subtitle's adoption. The
				  Commission's erosion and sediment control regulations shall ensure that in
				  addition to meeting the requirements of §C of this regulation, the following
				  shall be included:
(1) An erosion and sediment
				  control plan must be approved by the Commission before the issuance of a
				  permit; and
(2) The Commission
				  shall have the primary responsibility for inspection and enforcement of utility
				  construction, if delegation of enforcement authority is granted to the
				  Commission.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 17 - WATER MANAGEMENT › Chapter 26.17.01 - Erosion and Sediment Control › Section 26.17.01.05 - Activities for Which Approved Erosion and Sediment Control Plans Are Required

Current through Register Vol. 51, No. 14, July 12, 2024
A. Any
				  grading activity requires an erosion and sediment control plan approved by the
				  appropriate approval authority, except for:
(1) Agricultural land management practices
				  and agricultural best management practices, including those regulated under
				  COMAR 26.17.03; and
(2) Grading
				  activities that disturb less than 5,000 square feet of land area and disturb
				  less than 100 cubic yards of earth.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 17 - WATER MANAGEMENT › Chapter 26.17.01 - Erosion and Sediment Control › Section 26.17.01.06 - Training and Certification Program

Current through Register Vol. 51, No. 14, July 12, 2024
A. Certification of Responsible Personnel.
(1) The Administration shall require
				  certification of responsible personnel as established by the Sediment Control
				  Subtitle and in accordance with this regulation.
(2) Certification is obtained by completing
				  an Administration-approved training program.
(3) Certification is valid for 3 years and is
				  automatically renewed unless the Administration notifies the certificate holder
				  that additional training is required.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 17 - WATER MANAGEMENT › Chapter 26.17.01 - Erosion and Sediment Control › Section 26.17.01.08 - Approval or Denial of Erosion and Sediment Control Plans

Current through Register Vol. 51, No. 14, July 12, 2024
A. Review of Plans.
(1) The approval authority shall review and
				  approve an erosion and sediment control plan in accordance with the criteria
				  contained in the "2011 Maryland Standards and Specifications for Soil Erosion
				  and Sediment Control."
(2) The
				  approval authority shall assess the adequacy of the proposed erosion and
				  sediment control measures to minimize erosion and keep sediment on
				  site.
(3) When appropriate, an
				  on-site evaluation shall be conducted as part of the review process in order to
				  provide proper consideration of existing conditions and proposed control
				  measures.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 17 - WATER MANAGEMENT › Chapter 26.17.01 - Erosion and Sediment Control › Section 26.17.01.09 - Inspection and Enforcement

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Administration shall be responsible for the inspection and enforcement of all
				  grading that requires an approved erosion and sediment control plan as
				  designated within this chapter.
B.
				  When the Administration has delegated enforcement authority to a county, a
				  municipality, or the Commission, the county, municipality or Commission shall
				  have the primary responsibility for inspection and enforcement as designated by
				  an approved erosion and sediment control ordinance or erosion and sediment
				  control regulations.
C. An approved
				  erosion and sediment control plan for an active site is to be on-site and
				  available to the appropriate enforcement authority and the
				  Administration.
D. The appropriate
				  enforcement authority shall inspect sites with an approved erosion and sediment
				  control plan for compliance with the approved plan.
E. When conducting an inspection, the
				  appropriate enforcement authority shall:
(1)
				  Ensure that an approved erosion and sediment control plan and permits are on
				  the site as required;
(2) Conduct a
				  complete inspection of the site unless otherwise indicated;
(3) Prepare a written inspection report that
				  includes:
(a) The date and location of this
				  site inspection;
(b) Whether the
				  approved plan has been properly implemented and maintained;
(c) Practice deficiencies or erosion and
				  sediment control plan deficiencies;
(d) If a violation exists, the type of
				  enforcement action taken; and
(e)
				  If applicable, a description of minor or major modifications as described in
				  this regulation; and
(4)
				  Notify the on-site personnel and the owner/developer in writing when violations
				  are observed, describing the:
(a) Nature of
				  the violation;
(b) Required
				  corrective action; and
(c) Time
				  period in which to have the violation corrected.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 17 - WATER MANAGEMENT › Chapter 26.17.01 - Erosion and Sediment Control › Section 26.17.01.10 - Responsibility of Applicant

Current through Register Vol. 51, No. 14, July 12, 2024
The issuance of an approval by the approval authority does
					 not relieve the applicant of the continuing responsibility to effectively abate
					 sediment pollution and comply with all other applicable local and State
					 laws.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 17 - WATER MANAGEMENT › Chapter 26.17.01 - Erosion and Sediment Control › Section 26.17.01.11 - Sediment Control Design Standards and Specifications

Current through Register Vol. 51, No. 14, July 12, 2024
A. The handbook titled "2011 Maryland
				  Standards and Specifications for Soil Erosion and Sediment Control" as amended
				  by Supplement 1 is hereby incorporated by reference by the Administration, and
				  shall serve as the official guide for erosion and sediment control principles,
				  methods, and practices.
B.
				  Notwithstanding any other requirement in this chapter, the Administration may
				  require the use of any standard and specification or best management practice
				  it deems warranted to address an erosion and sediment control
				  violation.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 17 - WATER MANAGEMENT › Chapter 26.17.02 - Stormwater Management › Section 26.17.02.01 - Purpose and Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  primary goals of the State and local stormwater management programs are to
				  maintain after development, as nearly as possible, the predevelopment runoff
				  characteristics, and to reduce stream channel erosion, pollution, siltation and
				  sedimentation, and local flooding by implementing environmental site design to
				  the maximum extent practicable and using appropriate structural best management
				  practices only when necessary.
B.
				  These regulations for stormwater management apply to the development or
				  redevelopment of land for residential, commercial, industrial, or institutional
				  use, but do not apply to agricultural land management practices. This chapter
				  specifies the minimum content of county and municipal ordinances,
				  responsibilities of the Administration regarding the review of the county and
				  municipal stormwater management programs, and approval of State-constructed
				  projects for stormwater management by the Department of the
				  Environment.
C. This chapter
				  applies to all new development and redevelopment projects that do not have
				  final approval for erosion and sediment control and stormwater management plans
				  by May 4, 2010.
D. The provisions
				  of these regulations may not be construed to affect the requirements for a
				  project located in an Intensely Developed Area of the Chesapeake and Atlantic
				  Coastal Bays Critical Area to comply with the 10 percent Pollution Reduction
				  Requirement under COMAR
				  27.01.02.03 a D(3).
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 17 - WATER MANAGEMENT › Chapter 26.17.02 - Stormwater Management › Section 26.17.02.01-1 - 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) The 2000 Maryland Stormwater Design
				  Manual, Volumes I & II (Maryland Department of the Environment, April
				  2000), Supplement 1, is incorporated by reference by the Administration and
				  shall serve as the official guide for stormwater management principles,
				  methods, and practices.
(2) USDA
				  Natural Resources Conservation Service Maryland Conservation Practice Standard
				  Pond Code 378 (January 2000).
(3)
											40 CFR §
												122.26(b)(14)(i)
				  -(xi).
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 17 - WATER MANAGEMENT › Chapter 26.17.02 - Stormwater Management › Section 26.17.02.01-2 - Grandfather Provisions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this
				  regulation, the following terms have the meanings indicated:
(1) Administrative Waiver.
(a) "Administrative waiver" means a decision
				  by the approving agency pursuant to this regulation to allow the construction
				  of a development to be governed by the stormwater management ordinance in
				  effect as of May 4, 2009, in the local jurisdiction where the project will be
				  located.
(b) "Administrative
				  waiver" is distinct from a waiver granted pursuant to Regulation .05C of this
				  chapter.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 17 - WATER MANAGEMENT › Chapter 26.17.02 - Stormwater Management › Section 26.17.02.03 - General Provisions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Administration is responsible for implementing and supervising the stormwater
				  management program which is established by the Stormwater Management Subtitle.
				  This responsibility shall include, but is not limited to:
(1) Establishing policies, procedures,
				  standards, model ordinances, and criteria relating to stormwater
				  management;
(2) Reviewing and
				  approving:
(a) County stormwater management
				  ordinances,
(b) Municipal
				  stormwater management ordinances,
(c) Stormwater management program
				  implementation and operation, and
(d) Stormwater management plans for State and
				  federal construction projects which shall be subject to the requirements of
				  this chapter;
(3)
				  Inspecting and enforcing stormwater management on all State and federal
				  construction projects which shall be subject to the requirements of this
				  chapter;
(4) Inspection and
				  enforcement in conjunction with local governmental authorities;
(5) Developing guidelines and
				  regulations;
(6) Assisting local
				  jurisdictions with improving and maintaining their technical capabilities
				  regarding:
(a) Hydrologic and hydraulic
				  analyses,
(b) Utilization of State
				  adopted standards and specifications for stormwater management, and
(c) Stormwater management plan
				  review;
(7) Training
				  assistance to local jurisdictions for construction and maintenance inspections
				  of stormwater management systems;
(8) Developing public educational programs;
				  and
(9) Evaluating the
				  effectiveness of stormwater control measures in eliminating adverse stream
				  quality impacts.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 17 - WATER MANAGEMENT › Chapter 26.17.02 - Stormwater Management › Section 26.17.02.04 - Stormwater Management Ordinances

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each county and municipality shall adopt
				  ordinances necessary to implement a stormwater management program.
				  Subsequently, counties and municipalities shall submit any proposed amendments
				  to the Administration for review and approval. By joint action with the county,
				  a municipality may adopt the stormwater management ordinance of its respective
				  county.
B. Each local ordinance
				  shall provide for:
(1) A comprehensive
				  stormwater management plan review and approval process that:
(a) Considers all aspects of project
				  planning, design, and construction from initial conception through final
				  approval;
(b) Requires the
				  submission, review, and approval of interim plans at an increasing level of
				  detail for specific stages of project development;
(c) Provides for coordinated input for all
				  plans from all appropriate agencies including, but not limited to, soil
				  conservation districts and departments of planning, zoning, public works, and
				  environmental protection; and
(d)
				  Requires implementation of ESD to the MEP;