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<regulation prefix="Regulation" num=".05" citation="COMAR 10.15.11.05" title_num="10" subtitle_num="15" chapter_num="11" heading="Water Sources.">
  <paragraph num="A.">
    <text>The person-in-charge shall ensure that:</text>
    <paragraph num="(1)">
      <text>A source of water for finished product water is an approved source;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A spring is constructed, developed, or improved in accordance with §B of this regulation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Spring Requirements. The person-in-charge shall ensure that:</text>
    <paragraph num="(1)">
      <text>A spring is constructed, developed, or improved in accordance with the following requirements:</text>
      <paragraph num="(a)">
        <text>A fissure or opening in the geologic formation from which the water flows into the spring is:</text>
        <paragraph num="(i)">
          <text>Enclosed within an encasement of concrete, tile, steel, or another impervious material; or</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Otherwise tapped in a manner that ensures the capture of only ground water flowing from the geologic formation;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>The walls of a spring encasement penetrate the geologic formation from which the water flows to intercept and contain ground water;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>A spring encasement is provided a cover;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>The material used in the construction or improvement of the spring does not impart a toxic or deleterious substance to the water;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>A fence or other physical barrier is used to exclude animals and unauthorized persons from the area within 100 feet of the spring;</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Water in the spring is transported to the point of bottling or into bulk storage by:</text>
        <paragraph num="(i)">
          <text>Gravity; or</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>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;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(g)">
        <text>A spring is protected from direct surface water intrusion and other sources of contamination; and</text>
      </paragraph>
      <paragraph num="(h)">
        <text>A spring does not contain ground water under the direct influence of surface water;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>A spring is constructed, developed, or improved in accordance with a plan made by a registered professional engineer or professionally qualified hydrogeologist that:</text>
      <paragraph num="(a)">
        <text>Contains a hydrogeological study and a sanitary survey as set forth in Regulation .04E(4)(d) and (e) of this chapter; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Is approved by the approving authority or the Department; and</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>A borehole used to obtain spring water:</text>
      <paragraph num="(a)">
        <text>Is hydraulically connected to an aquifer that supplies a constantly flowing spring;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Is shown to comply with §B(1)(g) and (h) of this regulation by a hydrogeological study submitted to the Department; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Is constructed in compliance with §B(2) of this regulation.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>The person-in-charge shall ensure that:</text>
    <paragraph num="(1)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>When ground water is a source of finished product water, the ground water is not under the direct influence of surface water;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>A statement of acceptability for a source of water is kept on file at the plant and available for inspection by the Department; and</text>
    </paragraph>
    <paragraph num="(5)">
      <text>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.</text>
    </paragraph>
  </paragraph>
</regulation>