Regulation .05 Water Sources.
Regulation .05 Water Sources.LinkCopy Citation
A.
The person-in-charge shall ensure that:
(1)
A source of water for finished product water is an approved source;
(2)
Within the State, a ground water appropriation permit is obtained from the Maryland Department of the Environment as required in COMAR 26.17.06; and
(3)
A spring is constructed, developed, or improved in accordance with §B of this regulation.
B.
Spring Requirements. The person-in-charge shall ensure that:
(1)
A spring is constructed, developed, or improved in accordance with the following requirements:
(a)
A fissure or opening in the geologic formation from which the water flows into the spring is:
(i)
Enclosed within an encasement of concrete, tile, steel, or another impervious material; or
(ii)
Otherwise tapped in a manner that ensures the capture of only ground water flowing from the geologic formation;
(b)
The walls of a spring encasement penetrate the geologic formation from which the water flows to intercept and contain ground water;
(c)
A spring encasement is provided a cover;
(d)
The material used in the construction or improvement of the spring does not impart a toxic or deleterious substance to the water;
(e)
A fence or other physical barrier is used to exclude animals and unauthorized persons from the area within 100 feet of the spring;
(f)
Water in the spring is transported to the point of bottling or into bulk storage by:
(i)
Gravity; or
(ii)
When pumping is required, first flowing by gravity to a separate holding reservoir from which it is extracted and delivered to the point of bottling by use of a pump;
(g)
A spring is protected from direct surface water intrusion and other sources of contamination; and
(h)
A spring does not contain ground water under the direct influence of surface water;
(2)
A spring is constructed, developed, or improved in accordance with a plan made by a registered professional engineer or professionally qualified hydrogeologist that:
(a)
Contains a hydrogeological study and a sanitary survey as set forth in Regulation .04E(4)(d) and (e) of this chapter; and
(b)
Is approved by the approving authority or the Department; and
(3)
A borehole used to obtain spring water:
(a)
Is hydraulically connected to an aquifer that supplies a constantly flowing spring;
(b)
Contains only water that has all the physical properties before treatment as the water that flows naturally to the surface of the earth or into a body of water;
(c)
Is shown to comply with §B(1)(g) and (h) of this regulation by a hydrogeological study submitted to the Department; and
(d)
Is constructed in compliance with §B(2) of this regulation.
C.
The person-in-charge shall ensure that:
(1)
A well within the State that is used as a source of finished product water is permitted, constructed, and installed in conformance with COMAR 26.04.04;
(2)
When bottling artesian water, a hydrogeological report is kept at the plant that shows that the static water level in the well is at some height above the aquifer;
(3)
When ground water is a source of finished product water, the ground water is not under the direct influence of surface water;
(4)
A statement of acceptability for a source of water is kept on file at the plant and available for inspection by the Department; and
(5)
A public water supply system in the State that is used as a source of finished product water is a community water system that complies with COMAR 26.04.01.