Title 26 — Subtitle 08. Water Pollution

Reduce the level of specific constituents which are not sufficiently controlled by best available technology (BAT) for industrial discharges or by secondary treatment for municipal discharges; or

Reduce organic oxygen demand beyond the level attainable by BAT or secondary treatment to comply with waste load allocations in water quality limited waters.

Non-aquatic animals are confined, fed, and maintained for at least 45 days in any 12-month period; and

Crops, vegetation, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility.

“Animal waste” means liquid or solid waste, or both, from animal feeding, milking, holding, or other animal operations.

“Animal waste” includes manure, poultry litter, offal, and process wastewater generated by an AFO.

The introduction of pollutants that will be eliminated by compliance by all sources with effluent limitations; and

Alternate effluent limitations imposed under COMAR 26.08.03.03.

A medium AFO or large AFO, based upon the size categories established in Table 1 of COMAR 26.08.03.09A, that discharges or proposes to discharge, as defined by the Federal Act, to surface waters of this State;

A small AFO designated a CAFO by the Department in accordance with COMAR 26.08.03.09B; or

An AFO designated as a CAFO by the Regional Administrator (RA) of the EPA in accordance with the Federal Act.

The addition, introduction, leaking, spilling, or emitting of any pollutant to waters of this State; or

The placing of a pollutant in a location where the pollutant is likely to pollute.

Is established under federal law or a law of this State;

Specifies quantities, rates or concentrations of chemical, physical, biological, or other constituents that are discharged into the waters of this State;

Includes:

The excessive enrichment of the waters of this State by the discharge to or addition of nutrients; or

The degradation of water quality or undesirable ecological changes as indicated by excessive rooted or dispersed plant growth, loss of water clarity, or nuisance conditions.

Any of the Class Osteichthyes having a bony skeleton;

Any of the Class Chondrichthyes, having a cartilaginous skeleton (sharks, rays, and skates); and

Any of the Class Agnatha which lack jaws (lampreys and hagfishes).

A person who is engaged in manufacturing, fabricating, or assembling goods; or

A member of any class of significant producers of pollutants identified under regulations adopted by:

Any process of industry, manufacturing, trade or business; or

The development of any natural resource, including agriculture.

An inhibition or disruption of a POTW, its treatment processes or operations, or its sludge generation processes or utilization which causes a violation of any requirement of the POTW's discharge permit or which prevents sewage sludge utilization by the POTW in accordance with the following statutory provisions and regulations or permits issued under them:

Damage to sewer systems and threats to POTW worker and public health, safety, and comfort.

A large AFO according to Table 1 of COMAR 26.08.03.09A; or

A medium AFO according to Table 1 of COMAR 26.08.03.09A, designated a MAFO in accordance with COMAR 26.08.03.09C(2).

All water quality criteria; or

All requirements otherwise applicable to the natural water.

Applies to industrial users of publicly owned treatment works; and

Is promulgated by EPA under the Federal Act.

Those water quality values which exist unaffected by, or unaffected as a consequence of, any water use;

Those water quality values which exist unaffected by the discharge, or direct or indirect deposit, of any solid, liquid, or gaseous substance; or

Any other water quality values which represent conditions which the Department by its regulations defines as natural. For the purposes of this definition, the following conditions shall be considered as natural:

“Offal” means the refuse from slaughtered or salvageable dead animals, crustaceans, or any other animal form.

“Offal” includes heads, feet, viscera, hair, blood, feathers, bones, scales, or oils.

Any waste or wastewater that is discharged from:

Any other liquid, gaseous, solid, or other substances which will pollute any waters of this State.

Public health, safety, or welfare;

Domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses;

Livestock, wild animals, birds; or

Fish or other aquatic life.

Federal pretreatment requirements and federal pretreatment standards;

Pretreatment regulations developed in accordance with Environment Article, §9-319(a), Annotated Code of Maryland;

Pretreatment requirements listed within the delegation document issued by the Department approving a pretreatment program developed by owners of a POTW;

Pretreatment requirements developed by owners of POTWs in accordance with approved pretreatment programs; or

Pretreatment requirements established in a permit or agreement between a POTW and an industrial user issued in accordance with an approved pretreatment program.

Owned by this State or a political subdivision, municipal corporation, or other public entity; and

Used for the treatment of pollutants.

Five-day biochemical oxygen demand:

Total suspended solids:

Bacterial control: As required to meet water quality standards.

“Sewerage system” means:

“Sewerage system” includes a sewer of any size.

“Sewerage system” does not include the plumbing system inside a building served by the sewerage system.

Naturally present in waters and wastewaters; or

Derived from nonsettleable matter by chemical coagulation and precipitation or by biological flocculation and precipitation.

Storage for animal manure and litter, including any need for additional storage or manure transfer;

Stabilized surfaces in heavy use areas;

Diversion of storm water away from the production area;

Maintenance of vegetation around the production area;

Construction and maintenance of filter strip or strips or water control structures between the production area and surface water; and

Mortality management.

Limits on the quantities of wastes which may be discharged;

Consideration of seasonal variations;

A margin of safety; and

The contribution of non-point sources.

Liquid waste substance derived from industrial, commercial, municipal, residential, agricultural, recreational, or other operations or establishments; and

Other liquid waste substance containing liquid, gaseous, or solid matter and having characteristics which will pollute any waters of the State.

Both surface and underground waters within the boundaries of this State subject to its jurisdiction, including that part of the Atlantic Ocean within the boundaries of this State, the Chesapeake Bay and its tributaries, and all ponds, lake, rivers, streams, tidal and nontidal wetlands, public ditches, tax ditches, and public drainage systems within this State, other those designed and used to collect, convey, or dispose of sanitary sewage;

The flood plain of free-flowing waters determined by the Department of Natural Resources on the basis of the 100-year flood frequency.

Are representative of prevailing conditions; and

Will accurately reflect, upon analysis, the effect of any discharges to the waters of the State.

Designated uses of the waters of this State;

Water quality criteria to protect the designated uses; and

Antidegradation Policy.

Water contact recreation;

Fishing;

Propagation of fish, other aquatic life, and wildlife; and

Agricultural and industrial water supply.

Defining and establishing specific designated uses for the surface waters of this State;

Assigning a designated use to all surface waters;

Establishing water quality criteria for each designated use;

Defining this State's antidegradation policy;

Defining this State's criteria for mixing zones; and

Defining other water quality protective policies.

Existing conditions; and

Potential uses which may be made possible by anticipated improvements in water quality.

Water contact sports;

Play and leisure time activities where individuals may come in direct contact with the surface water;

Fishing;

The growth and propagation of fish (other than trout), other aquatic life, and wildlife;

Agricultural water supply; and

Industrial water supply.

All uses identified for Class I; and

Use as a public water supply.

All tidally influenced waters of the Chesapeake Bay and tributaries, the Coastal Bays, and the Atlantic Ocean to the 3-nautical-mile boundary; and

Tidally influenced waters that are or have the potential for:

All uses identified for Class II waters; and

Use as a public water supply.

All uses identified for Class III waters; and

Use as a public water supply.

Capable of holding or supporting adult trout for put-and-take fishing; and

Managed as a special fishery by periodic stocking and seasonal catching.

All uses identified for Class IV waters; and

Use as a public water supply.

From June 1 through September 30 in tidally influenced waters located between the measured depths of the upper and lower boundaries of the pycnocline, where a pycnocline is present and presents a barrier to oxygen replenishment; or

From June 1 through September 30 from the upper boundary of the pycnocline down to the sediment/water interface at the bottom, where a lower boundary of the pycnocline cannot be calculated due to the depth of the water column; and

In fresh water streams and rivers:

In tidal waters:

Outside of any mixing zones which may be designated by the Department.

The natural conditions do not constitute a violation of the water quality standards; and

The water quality to be maintained and achieved is not required to be substantially different from that which would occur naturally.

Are unsightly, putrescent, or odorous, and create a nuisance, or

Interfere directly or indirectly with designated uses;

Be unsightly;

Produce taste or odor;

Change the existing color to produce objectionable color for aesthetic purposes;

Create a nuisance; or

Interfere directly or indirectly with designated uses;

Interfere directly or indirectly with designated uses, or

Are harmful to human, animal, plant, or aquatic life;

Interfere directly or indirectly with designated uses, or

Are harmful to human, plant, or aquatic life.

Human health through ingestion of public water supplies;

The wholesomeness of fish for human consumption;

Fresh, estuarine, and salt water aquatic life from acute toxicity impacts; and

Fresh, estuarine, and salt water aquatic life from chronic toxicity impacts.

The stream segment and all tributaries which confluence with the stream segment upstream from the boundaries specified in §B(3) of this regulation are assumed to be fresh water.

Except for Sub-Basin 02-13-01—Coastal Area, the stream segment and all tributaries which confluence with the stream segment downstream from the boundaries specified in §B(3) of this regulation are assumed to be estuarine water.

In Sub-Basin 02-13-01—Coastal Area, the stream segment and all tributaries which confluence with the stream segment downstream from the boundaries specified in §B(3) of this regulation are assumed to be salt water.

Tributary headwaters. Since the headwaters of some tributaries to stream segments designated as estuarine or salt water may be fresh, the Department may:

Lower Susquehanna River Area (Sub-Basin 02-12-02)—All waters are fresh waters.

Coastal Area (Sub-Basin 02-13-01) boundaries are:

Pocomoke River Area (Sub-Basin 02-13-02) boundaries are:

Nanticoke River Area (Sub-Basin 02-13-03) boundaries are:

Choptank River Area (Sub-Basin 02-13-04) boundary is a line connecting Bow Knee Point and Wrights Wharf.

Chester River Area (Sub-Basin 02-13-05) boundaries are:

Elk River Area (Sub-Basin 02-13-06)—All waters are fresh water.

Bush River Area (Sub-Basin 02-13-07)—All waters are fresh water.

Gunpowder River Area (Sub-Basin 02-13-08)—All waters are fresh water.

Patapsco River Area (Sub-Basin 02-13-09) boundaries are:

West Chesapeake Bay Area (Sub-Basin 02-13-09) boundaries are:

Patuxent River Area (Sub-Basin 02-13-11) boundary is a line connecting Chalk Point and God's Grace Point.

Lower Potomac River Area (Sub-Basin 02-14-01) boundaries are:

Washington Metropolitan Area (Sub-Basin 02-14-02)—All waters are fresh water.

Middle Potomac River Area (Sub-Basin 02-14-03)—All waters are fresh water.

Upper Potomac River Area (Sub-Basin 02-14-05)—All waters are fresh water.

North Branch Potomac River Area (Sub-Basin 02-14-10)—All waters are fresh water.

Youghiogheny River Area (Sub-Basin 05-02-02)—All waters are fresh water.

Conewago Creek Area (Sub-Basin 02-05-03)—All waters are fresh water.

Chesapeake Bay Proper (Sub-Basin 02-13-99) boundary is a line connecting Booby Point (39.284206 north latitude, -76.381400 west longitude) with Handy's Point (39.291944 north latitude, -76.181388 west longitude).

Require the discharger to provide site-specific measurements; or

Recalculate the aquatic life criteria based on available water quality data.

Table 1. Bacteria Indicator Criteria Magnitudes

The geometric mean of samples taken over a 90 day period shall not exceed the steady state geometric mean values for the given indicator.

10 percent of samples taken over a 90 day period shall not exceed the statistical threshold value.

When a sanitary survey and an epidemiological study approved by the Department disclose no significant health hazard, the criteria in Table 1 do not apply.

The maximum temperature outside the mixing zone determined in accordance with Regulation .05 of this chapter or COMAR 26.08.03.03—.05 may not exceed 90°F (32°C) or the ambient temperature of the surface waters, whichever is greater.

A thermal barrier that adversely affects aquatic life may not be established.

Ambient temperature is the water temperature that is not impacted by a point source discharge.

Ambient temperature shall be measured in areas of the stream representative of typical or average conditions of the stream segment in question.

The Department may determine specific temperature measurement methods, times, and locations.

Turbidity may not exceed levels detrimental to aquatic life.

Turbidity in the surface water resulting from any discharge may not exceed 150 units at any time or 50 units as a monthly average. Units shall be measured in Nephelometer Turbidity Units.

Fresh water aquatic organisms apply in waters designated as fresh water in Regulation .03-1B;

Estuarine or salt water aquatic organisms apply in waters designated as estuarine or salt waters as specified in Regulation .03-1B; and

The wholesomeness of fish for human consumption apply in fresh, estuarine, and salt waters.

For protection of fresh water aquatic organisms apply; and

To protect public water supplies and the wholesomeness of fish for human consumption apply.

If the most probable number (MPN) of fecal coliform organisms exceeds a median concentration of 14 MPN per 100 milliliters;

If more than 10 percent of samples taken exceed 43 MPN per 100 milliliters for a 5-tube decimal dilution test or 49 per 100 milliliters for a 3-tube decimal dilution test; or

Except when a sanitary survey approved by the Department of the Environment discloses no significant health hazard, §C(1)(a) and (b) do not apply and a public health hazard from the consumption of shellfish will not be presumed.

Approved classification means that the median fecal coliform MPN of at least 30 water sample results taken over a 3-year period to incorporate inter-annual variability does not exceed 14 per 100 milliliters; and:

Conditionally approved classification means that the Department has determined that under certain conditions an area is restricted, but when not restricted, meets the conditions for the approved classification.

Restricted classification means that the median fecal coliform MPN of at least 30 water sample results taken over a 3-year period does not exceed 88 per 100 milliliters or that the Department has determined that a public health hazard exists; and:

Prohibited classification means that the fecal coliform values exceed those required for the restricted classification or is an area designated by the Department as a closed safety zone adjacent to a sewage treatment facility outfall or is an area closed due to a known pollution source.

Estuarine or salt water aquatic organisms apply in accordance with the requirements of Regulation .03-1B; and

The wholesomeness of fish for human consumption apply.

This criteria is the same as for Class I waters, except for the Chesapeake Bay mainstem and associated tidal tributary subcategories.

Seasonal and Migratory Fish Spawning and Nursery Subcategory. The dissolved oxygen concentrations in areas designated as migratory spawning and nursery seasonal use shall be:

The seasonal shallow-water submerged aquatic vegetation subcategory is the same as for the open-water fish and shellfish subcategory year-round.

Open-Water Fish and Shellfish Subcategory. The dissolved oxygen concentrations in areas designated as open-water fish and shellfish subcategory shall be:

Seasonal Deep-Water Fish and Shellfish Subcategory. The dissolved oxygen concentrations in areas designated as seasonal deep-water fish and shellfish subcategory shall be:

Seasonal Deep-Channel Refuge Subcategory. The dissolved oxygen concentrations in areas designated as deep-channel seasonal refuge use shall be:

Implementation of the Dissolved Oxygen Water Quality Standard. The attainment of the dissolved oxygen criteria that apply to the Chesapeake Bay and tidally influenced tributary waters shall be determined using the guidelines established in the U.S. Environmental Protection Agency publications “Ambient Water Quality Criteria for Dissolved Oxygen, Water Clarity and Chlorophyll a for the Chesapeake Bay and its Tidal Tributaries (EPA 903-R-03-002), Chapter III”; “Ambient Water Quality Criteria for Dissolved Oxygen, Water Clarity and Chlorophyll a for the Chesapeake Bay and its Tidal Tributaries — 2004 Addendum (EPA 903-R-04-005), Chapter V”; “Ambient Water Quality Criteria for Dissolved Oxygen, Water Clarity and Chlorophyll a for the Chesapeake Bay and its Tidal Tributaries — 2007 Addendum (EPA 903-R-07-003), Chapter IV”; “Ambient Water Quality Criteria for Dissolved Oxygen, Water Clarity and Chlorophyll a for the Chesapeake Bay and Its Tidal Tributaries — 2008 Technical Support for Criteria Assessment Protocols Addendum (EPA 903-R-08-001), Chapter III”; “Ambient Water Quality Criteria for Dissolved Oxygen, Water Clarity and Chlorophyll a for the Chesapeake Bay and Its Tidal Tributaries — 2010 Technical Support for Criteria Assessment Protocols Addendum (EPA 903-R-10-002), Chapters II and III”; and “Ambient Water Quality Criteria for Dissolved Oxygen, Water Clarity and Chlorophyll a for the Chesapeake Bay and Its Tidal Tributaries — 2017 Technical Addendum (EPA 903-R-17-002), Chapters II and III”; which are incorporated by reference.

Restoration Variance. The percentage of allowable exceedance for restoration variances is based on water quality modeling and incorporates the best available data and assumptions. The restoration variances are temporary, and will be reviewed at a minimum every three years, as required by the Clean Water Act and EPA regulations. The variances may be modified based on new data or assumptions incorporated into the water quality model.

Water Clarity Criteria Measurement. A Bay segment has attained the shallow water designated use if:

If none of §C(9)(a)(i), (ii), or (iii) applies, the segment has not attained the water clarity designated use.

Table 2. Numerical Water Clarity Criteria (in Secchi Depth Equivalents) for General Application to Shallow Water Aquatic Vegetation Bay Grass Designated Use (Application Depths Given in 0.5 Meter Attainment Intervals¹).

Table 3. SAV Acreage Restoration Goals.

SAV No Grow Zones. Certain Chesapeake Bay segments contain areas designated as shallow water use that are not suitable for growth of submerged aquatic vegetation due to natural conditions and permanent physical alterations. Tables V-1 and Figures V-1 to V-12 in the 2004 U.S. Environmental Protection Agency publication “Technical Support Document for Identification of Chesapeake Bay Designated Uses and Attainability — 2004 Addendum (EPA 903-R-04-006)”, which is incorporated by reference, indicate the SAV No Grow Zones. The segments Upper Choptank River (CHOTF), Upper Nanticoke River (NANTF), Upper Pocomoke River (POCTF), and Middle Pocomoke River Oligohaline (POCOH) are entirely SAV no grow zones, therefore, the shallow-water designated use does not apply to these segments.

Implementation. The attainment of the water clarity criteria that apply to the seasonal shallow-water submerged aquatic vegetation use subcategory in the Chesapeake Bay and tidally influenced tributary waters will be determined using the guidelines documented within the U.S. Environmental Protection Agency publications “Ambient Water Quality Criteria for Dissolved Oxygen, Water Clarity and Chlorophyll a for the Chesapeake Bay and its Tidal Tributaries (EPA 903-R-03-002)”, “Ambient Water Quality Criteria for Dissolved Oxygen, Water Clarity and Chlorophyll a for the Chesapeake Bay and its Tidal Tributaries — 2004 Addendum (EPA 903-R-04-005)”, “Ambient Water Quality Criteria for Dissolved Oxygen, Water Clarity and Chlorophyll a for the Chesapeake Bay and it Tidal Tributaries — 2007 Addendum (EPA 903-R-07-003)”, “Ambient Water Quality Criteria for Dissolved Oxygen, Water Clarity and Chlorophyll a for the Chesapeake Bay and Its Tidal Tributaries — 2008 Technical Support for Criteria Assessment Protocols Addendum (EPA 903-R-08-001)”, “Technical Support Document for Identification of Chesapeake Bay Designated Uses and Attainability (EPA 903-R-03-004)”, and “Technical Support Document for Identification of Chesapeake Bay Designated Uses and Attainability — 2004 Addendum (EPA 903-R-04-006)” which are incorporated by reference.

The compliance schedule provisions of COMAR 26.08.04.02C are applicable to discharge permits issued to existing dischargers which contain new or revised effluent limitations based on water quality standards contained in §C(8) and (9) of this regulation.

An upstream state issuing discharge permits to existing dischargers which contain new or revised effluent limitations based on the water quality standards contained in §C(8) and (9) of this regulation may apply the compliance schedule provisions of COMAR 26.08.04.02C.

For protection of fresh water and freshwater-adapted estuarine aquatic organisms apply; and

To protect public water supplies and the wholesomeness of fish and shellfish for human consumption.

The maximum temperature outside the mixing zone determined in accordance with Regulation .05 of this chapter or COMAR 26.08.03.03—.05 may not exceed 68°F (20°C) or the ambient temperature of the surface waters, whichever is greater.

Ambient temperature — Same as Class I.

A thermal barrier that adversely affects salmonid fish may not be established.

It is the policy of the State that riparian forest buffer adjacent to Class III waters shall be retained whenever possible to maintain the temperatures essential to meeting this criterion.

Fresh water aquatic organisms apply; and

The wholesomeness of fish for human consumption apply.

The criteria for Class III waters in §D(1)—(7); and

All toxic substance criteria to protect:

The maximum temperature outside the mixing zone determined in accordance with Regulation .05 of this chapter or COMAR 26.08.03.03—.05 may not exceed 75°F (23.9°C) or the ambient temperature of the surface waters, whichever is greater.

Ambient temperature — Same as Class I.

A thermal barrier that adversely affects salmonid fish may not be established.

It is the policy of the State that riparian forest buffer adjacent to Class IV waters shall be retained whenever possible to maintain the temperatures essential to meeting this criterion.

Fresh water aquatic organisms apply; and

The wholesomeness of fish for human consumption apply.

Fresh water aquatic organisms, and

Public water supplies and the wholesomeness of fish for human consumption.

State final action letters for updated County Plans or proposed amendments to the County Plan, such as changes to water or sewerage service areas, shall, at a minimum, include notification that portions of the updated Plan or amendments to service areas may impact Tier II watersheds; and

For updates or amendments to the County Plans that require discharge permits that grant new discharges or an increase or modification to an existing discharge, the County shall be notified that the applicant for the permit will be required to complete an antidegradation review.

No cost-effective alternative to the discharge or water quality impacts is available; or

The cumulative degradation resulting from nonpoint source pollution and any other permitted discharges would diminish water quality.

The watershed affecting the Tier II water is located in a priority funding area as defined in State Finance and Procurement Article, §5-7B-02, Annotated Code of Maryland;

The Department determines, in consultation with the Maryland Department of Planning, that the local jurisdiction in which the watershed affecting Tier II waters are located is using, to the extent reasonably practical, innovative development approaches to minimize impacts to water quality from development;

Physical development after the date of the Tier II listing is necessary to accommodate the projected growth within the watershed, and use of innovative development approaches are maximized to the extent reasonably practicable to encourage redevelopment, reuse, and infill development; and

If the Department of Planning's growth projections for the watershed affecting the Tier II waters demonstrate that additional physical development of undeveloped land is required to accommodate the projected growth and that development is consistent with the applicable county master plan.

“Exceptional biological resources” means ecologically significant aquatic or wetland habitat that is:

“Exceptional biological resources” includes, if appropriate:

Wildlife refuges or similar habitat protection areas which include but are not limited to wildlife management areas, national parks, State parks, and management areas;

Areas under permanent conservation easement or rural legacy status as determined in consultation with the Rural Legacy Board, Natural Resources Article, §5-9A-03, Annotated Code of Maryland, or easement holder to assure that the location meets the intent and needs of the ONRW designation as determined by the Department of the Environment; or

Areas under some other demonstrated protection, by which the Department may be assured that there will be no changes in land use which could result in nonpoint source runoff posing a direct or indirect threat to the biological values proposed in the nomination.

Evidence of the presence of exceptional biological resources or exceptional recreational resources dependent on such biological resources;

Scientific information and analysis concerning existing water quality in the body of water, including a demonstration that the water quality is typical of the nominated body of water;

Specific boundaries of the nominated waters and upstream watershed, and a statement whether the nominated body of water and upstream watershed are fully within a protected area except as provided in §F of this regulation; and

Demonstration that an attempt has been made to notify all impacted riparian landowners of the nomination by delivering or mailing notice of proposed nomination to the riparian landowner.

All provisions of the Administrative Procedure Act, State Government Article, Title 10, Subtitle 1, Annotated Code of Maryland, have been met;

The application is complete and all requirements have been met; and

Written permission for the designation has been received from the landowner or landowners within the proposed area for ONRW.

The water quality necessary to maintain and protect the exceptional biological resource is maintained; and

There is mitigation or restoration elsewhere in the ONRW water segment.

There shall be no interference with biological communities or populations of indigenous species to a degree which is damaging to the aquatic life or ecosystem;

There shall be no diminishing of other legitimate beneficial uses;

Mixing zones may not form barriers to the migratory routes of aquatic life;

Mixing zones shall be designated and located to protect surface waters and shallow water shoreline areas;

The general water quality criteria set out in Regulation .03B(1)—(3) of this chapter apply within the mixing zones.

In freshwater streams and rivers, a mixing zone width may not exceed 1/3 of the width of the surface water body;

In lakes, the combined area of all mixing zones may not exceed 10 percent of the lake surface area; and

In estuarine areas, the maximum cross-sectional area of the mixing zone may not exceed 10 percent of the cross-sectional area of the receiving water body; and

For freshwater streams and rivers, the design stream flow; and

For estuaries and the open ocean, determined from:

Within a very short distance from the outfall using:

Without a high velocity discharge, within a short distance from the outfall using the most restrictive of the following conditions:

By demonstration or calculation that a drifting organism may not be exposed to a 1-hour average concentration exceeding the acute aquatic life criterion.

In freshwater streams and rivers, a width equal to 1/3 the width of the surface water body;

In lakes, for all discharges combined, 5 percent of the lake surface area; and

In estuarine areas, a cross-sectional area equal to 5 percent of the cross-sectional area of the receiving water body.

For freshwater streams and rivers, the design stream flow; and

For estuaries and the open ocean, determined from:

In freshwater streams and rivers, a mixing zone width may not exceed 1/3 of the width of the surface water body;

In lakes, the combined area of all mixing zones may not exceed 10 percent of the lake surface area; and

In estuarine areas, the maximum cross-sectional area of the mixing zone may not exceed 10 percent of the cross-sectional area of the receiving water body.

For freshwater streams and rivers, the 30Q5 value; and

For estuaries and the open ocean, determined from:

Wastewater effluents disposed of by means of spray or other land treatment or application systems;

Ground water recharge systems;

Discharge of leachate from a landfill to surface or ground waters except as specified in §A(3)(a); and

Other subsurface disposal systems not specifically exempted in this regulation.

Landfills designed to achieve natural attenuation of leachate and permitted under Environment Article, §9-204 or 9-224, unless there is a discharge of leachate to surface waters of the State;

Subsurface sewage disposal systems using soil absorption and permitted by the Department under Environment Article, Title 9, Subtitle 5, Annotated Code of Maryland, and COMAR 26.04.02;

Sewage sludge composting or disposal operations permitted by the Department under Environment Article, Title 9, Subtitle 2, Part III, Annotated Code of Maryland, unless there is a direct discharge of wastewater to surface waters of the State; and

Other subsurface disposal systems permitted by the Department under the provisions of COMAR 26.08.04.08.

MDA notifies the Department that a determination has been made that the wastewater meets the requirements for registration as a soil conditioner. If the Department has not responded within 45 days of the notification, the determination made by MDA shall be considered accepted and the applicant shall be exempt from obtaining a State discharge permit. If the Department verifies or rejects MDA’s State Chemist determination within 45 days of the notification, the Department may still require a State discharge permit.

The applicant continues to perform any necessary actions to ensure that the wastewater meets the requirements for registration as a soil conditioner, and complies with the COMAR 15.20.04—15.20.08, which includes the applicant’s obligation to obtain and comply with a Nutrient Management Plan governing the application of the wastewater.

Department representatives upon presentation of credentials are allowed at reasonable times to enter premises to inspect any wastewater collection, treatment, land application records and practices, and food processing operation records.

An application for renewal of the exemption set forth herein must be submitted to MDA within 5 years of the exemption date from obtaining a State discharge permit. The requirements of this subsection apply for the renewal process.

The Department may deny the permit exemption during the 45 day period or at any time choose to revoke a permit exemption provided under this section.

A transmissivity greater than 10,000 gallons/day/foot, a permeability greater than 100 gallons/day/square foot and natural water with a total dissolved solids concentration of between 500 and 6,000 milligrams/liter; or

A transmissivity between 1,000 and 10,000 gallons/day/foot, a permeability greater than 100 gallons/day/square foot and natural water with a total dissolved solids concentration of between 500 and 1,500 milligrams/liter.

Name and address of the applicant.

A description of the facility or activity.

A description of any discharge which may result from the conduct of any activity including:

A description, if applicable, of the function and operation of any equipment or facilities to treat any discharge and the degree of treatment to be attained.

The date on which the activity will begin or end, if known, and the date or dates on which any discharge may occur.

A description, if applicable, of the methods proposed or employed to monitor the quality and characteristics of any discharge.

Any other information the Department determines is necessary for evaluation of the impact of the activity on water quality. This may include quantitative analysis to demonstrate that the proposed activity may not violate State water quality standards.

There is minimal adverse environmental impact;

The discharges will not impair the water quality necessary to maintain the exceptional biological resource of the ONRW; and

All practical actions have been taken to avoid impacts.

Give a brief description of the proposed activity;

Provide instructions for submission of written comments; and

Specify the expiration date for the opportunity to comment.

Joint notice with the federal permitting agency;

Joint notice with other State agencies; or

Selected mailings to State, county, or municipal authorities and other parties known to be interested in the matter.

Issuance of water quality certification does not relieve the applicant of his responsibility to comply at all times with federal and State law.

The applicant shall:

May issue an emergency water quality certification in those cases when the Department determines that an unacceptable threat to human life, water quality, or aquatic resources may occur or in those cases when a severe loss of property may result before a certification can be issued in accordance with procedures specified in §C of this regulation;

Shall issue a notice stating its action and the reasons for the action in accordance with the requirements of §C of this regulation, not later than 10 days following the issuance of the emergency certification;

Shall incorporate in the emergency certification all standards and criteria normally applied to the specific type of project authorized by the emergency certification.

Include a brief description of the project;

Include information concerning the date, time, and location of the public hearing;

Include a brief description of the nature of the written comments received; and

Be published in the Maryland Register at least 45 days before the hearing.

An interested person shall be given an opportunity to present evidence for or against the granting of water quality certification at the public hearing.

Written comments shall be received by the Department by the date of the public hearing, unless the comment period is specifically extended at the hearing.

Consider the testimony and other information presented;

Prepare a written decision; and

Publish the decision in the Maryland Register.

A person aggrieved by the Department's decision concerning a water quality certification may appeal the decision of the Department. The appeal shall:

A further appeal shall be in accordance with the applicable provisions of State Government Article, §10-201 et seq., Annotated Code of Maryland.

Describing the class of activities to be included; and

Outlining the proposed conditions and limitations of the general certification.

The Department shall prepare a public notice which includes:

The Department shall publish the notice in the Maryland Register. A copy of the notice shall be sent to:

A public hearing shall be held and a notice of the public hearing shall be prepared and distributed if:

The notice of public hearing shall be prepared and published in accordance with §F of this regulation.

The public hearing shall be conducted in accordance with the procedure outlined in §F of this regulation.

Definition. Marsh creation projects are defined as the vegetative stabilization of tidal shorelines and nontidal stream banks that are subject to erosion.

Exception. The projects certified by this GWQC do not include marshes created for storm water management purposes.

Marsh Creation. The creation of marshes includes the following activities:

The stabilization activity shall be determined to be necessary for the prevention of erosion on tidal shorelines or nontidal stream banks.

The placement of fill material authorized by this GWQC shall be limited to less than an average of 2 cubic yards of material per running foot placed within waters of the State.

The project is a single and complete project.

The applicant, in planning the project, shall comply with seasonal limitations applied to the construction phase for the protection of important aquatic species.

Material may not be placed in excess of the minimum needed for erosion protection. All temporary fills shall be removed in their entirety on or before the completion of construction.

Material may not be placed in any location or in any manner so as to impair surface or subsurface water flow into or out of any wetland area.

Placement of fill material in existing vegetated wetlands shall be minimized to the greatest extent possible.

Only clean material free of waste metal products, organic material, unsightly debris, toxic substances in toxic amounts, or any other deleterious substance shall be placed. The fill material to be placed shall include clean earth fill, sand, and stone only.

Discharges in spawning areas during spawning seasons of important aquatic species shall be avoided.

Placement of fill material may not restrict or impede the movement of aquatic species indigenous to the waters or cause the relocation of the water.

Placement of fill material into breeding areas for migratory waterfowl shall be avoided.

Heavy equipment working in wetlands shall be placed on mats, or suitably designed to prevent damage to the wetlands.

This GWQC does not relieve the applicant of the responsibility for obtaining any other approvals, licenses, or permits in accordance with federal and State laws or regulations, or local ordinances.

This GWQC does not authorize the beginning of any proposed work in the absence of necessary approvals, licenses, or permits.

The applicant is required to comply with all conditions of this general certification.

Reliance on this GWQC by the applicant or his agent constitutes permission to inspect at any time the operations and records for any project conducted under the authority of this GWQC.

Failure to comply with the conditions of this GWQC shall constitute reason for suspension or revocation of the applicant's use of this GWQC.

Legal proceedings may be instituted against the alleged violator in accordance with Health-General Article, §2-207, and State Government Article, §§10-201 et seq., Annotated Code of Maryland.

Definition. Utility lines are defined as any pipe, cable, or wire for the conveyance of public water or public sewer, natural gas, or the transmission of electrical, radio, or telecommunications service.

Exceptions.

Installation. The installation of utility lines includes the following activities:

The applicant, in planning the project, shall comply with seasonal limitations applied to the construction phase for the protection of important aquatic species.

The post-construction bottom contours of waters and elevations of wetlands shall be the same as original contours and elevations.

Disturbances of wetlands and waterways shall be avoided or minimized through the use of other practical alternatives such as designing the utility line in a proposed or existing roadway or using an existing right-of-way.

Excess material shall be removed to an upland disposal area identified on the plan submitted for approval.

Temporary fill materials shall be removed in their entirety on or before the completion of construction.

Material may not be placed in any location or in any manner so as to impair surface or subsurface water flow into or out of any wetland area.

If backfill material is obtained from sources other than the originally excavated material, it shall be clean material, free of waste metal products, organic material, unsightly debris, toxic substances in toxic amounts, or any other deleterious substance.

Permanent work may not:

To protect important aquatic species, in-stream work is prohibited as determined by the use designation of the stream, as follows:

Disturbances in breeding areas for migratory waterfowl shall be avoided.

Heavy equipment working in wetlands shall be placed on mats or suitably designed to prevent damage to the wetland.

The applicant shall obtain and comply with a State or locally approved sediment control plan. The following apply:

This GWQC does not relieve the applicant of the responsibility for obtaining any other approvals, licenses, or permits in accordance with federal and State law or regulation, or local ordinance.

This GWQC does not authorize the beginning of any proposed work in the absence of necessary approvals, licenses, or permits.

The applicant is required to comply with all conditions of the GWQC.

The applicant is required to maintain all utility installations constructed under the authority of this GWQC. All utility maintenance is subject to the conditions of this GWQC.

Reliance on this GWQC by the applicant or his agent constitutes permission to inspect at any time the operations and records for any project conducted under the authority of this GWQC.

Failure to comply with the conditions of this GWQC shall constitute reason for suspension or revocation of the applicant's use of this GWQC.

Legal proceedings may be instituted against the alleged violator in accordance with Health-General Article, §2-207, and State Government Article, §§10-201 et seq., Annotated Code of Maryland.

Bulkheads authorized by this GWQC do not include structures which allow passage of a discharge pipe of any kind, such as storm water outfalls and those outfalls regulated under State discharge permits.

Riprap revetments are not authorized by this GWQC.

Driving of piles;

Placement of a timber, aluminum, or steel vertical shoreline erosion control structure;

Placement of a gabion wall;

Placement of backfill behind the structure; and

Placement of riprap at the channelward toe of the structure.

Relieve the applicant of the responsibility for obtaining any other approvals, licenses, or permits in accordance with federal and State laws or regulation, or local ordinances;

Authorize the beginning of any proposed work in the absence of necessary approvals, licenses, or permits.

A facing of loose stone, brick, or masonry placed for the purpose of stabilizing tidal and nontidal shorelines that are subject to erosion; and

Being constructed with materials of suitable size and weight to prevent their transport into the waterway.

Riprap revetments authorized by the GWQC do not include structures which allow passage of a discharge pipe of any kind, such as storm water outfalls and those outfalls regulated under State discharge permits.

Materials authorized for placement may not include asphalt, waste metal products, organic materials, unsightly debris, toxic material, or any other deleterious substance.

Revetments may not be constructed to create fastland.

Excavation;

Placement of filter cloth or other base;

Stabilization of disturbed slopes by seeding or planting;

Placement of loose or broken stone;

Placement of aggregate or concrete mix;

Placement of concrete and block;

Pouring of concrete; and

Placement of backfill.

Authorized by a discharge permit, or

Subject to control or modification required by a schedule of compliance established by this State;

Substances which accumulate to toxic amounts during the expected life of organisms in the surface water, or

Substances which produce deleterious behavioral effects on the organisms;

Wherever greater environmental protection and enhancement is required, and

According to the procedures outlined in the Federal Act.

The discharge does not contravene the surface water quality standards established by this State to protect legitimate beneficial water uses;

The discharge complies with the discharge permit requirements for:

The discharge is authorized by a discharge permit subject to conditions and restrictions imposed in the permit; or

The discharge is:

Before establishing effluent limitations for any point source, the Department shall give careful consideration to necessary and practicable effluent limitations to achieve compliance with surface water quality standards (COMAR 26.08.02.01—.08) or ground water quality standards (COMAR 26.08.02.09). This consideration shall include:

Best available technology shall be required as the minimum for all permitted discharges. If it is determined that compliance with the established water quality standards will not be achieved through BAT, additional treatment shall be:

Given advanced waste treatment before discharge;

Disposed of by spray irrigation on land; or

Disposed of by other practicable procedures which will avoid direct discharge to surface waters.

The Department may require that the operator of the facility involved conduct a material balance with the accuracy and precision necessary to account for environmentally significant losses of material in any instance when:

If a material balance is required, the Department shall review and approve:

Information developed by the operator of a facility as a consequence of making a material balance shall be made available to the Department of the Environment on demand.

The application, discharge, or deposit meets all of the requirements imposed by this regulation; and

Approval is given in accordance with this regulation.

Application to the waters of this State;

Discharge to the waters of this State;

Deposition in the waters of this State.

Subsurface drainage or disposal systems;

Municipal sanitary sewerage systems; or

Storm water drainage systems.

Desirable species of aquatic life in the designated areas to be treated; or

Any aquatic life outside the designated area to be treated.

The purpose of the project;

A description and maps or drawings of the area involved;

A description of the watershed upstream and downstream from the project, or the tidal area around the project;

A description of the toxic substance to be used;

A description of the method of application;

Name, title, and address of the person in charge of the project;

A description of safeguards to be used;

The approximate dates of the project operation;

A statement outlining methods to be used in the cleanup of the area following the application, discharge, or deposit of the toxic substances; and

Any other information the Department of the Environment requires for the proper evaluation of the project.

An emergency permit shall only be issued when, in the opinion of the Soil Conservation District (SCD) representative, a situation exists which requires rapid or immediate attention to prevent:

Emergency permits shall:

An emergency permit form provided by the Department shall be used for issuance of emergency permits. A copy of the executed permit shall then be forwarded to the Department.

Emergency permits may only be issued during the time period from May 1 to September 30.

Emergency permits may not be issued if the pond or body of water is tributary to a public water supply, or tributary to shellfish waters.

Temperature outside the applicable mixing zone meets the applicable water quality criteria specified in COMAR 26.08.02.03-3; or

Discharges comply with the thermal mixing zone criteria in §D of this regulation.

Dischargers who are unable to meet the requirements of either §C(3)(a) or (b) of this regulation may request alternate thermal effluent limitations as provided in §E of this regulation.

A new request for alternate thermal effluent limitations shall be made within 180 days of notification by the Department that the discharger's thermal discharge cannot assure protection of a balanced indigenous community of shellfish, fish, and wildlife in and on the body of water into which the discharge is made. This request shall include a completed demonstration or a study plan for a demonstration to show compliance with §E of this regulation.

A request for renewal of alternate thermal effluent limitations shall be made at the same time that the application for the renewal of the existing State discharge permit is made. This request for the renewal of existing alternate thermal effluent limitations shall include a summary of the basis for granting the alternate thermal effluent limitations and subsequent data, if any, to show that the thermal discharge effluent limitations are more stringent than necessary to protect a balanced indigenous community of shellfish, fish, and wildlife in and on the body of water into which the discharge is made. In addition, the application shall provide any other pertinent information which the Department requests within 60 days after receipt of the permit application.

The 24-hour average of the maximum radial dimension measured from the point of discharge to the boundary of the full capacity 2°C above ambient isotherm (measured during the critical periods) may not exceed 1/2 of the average ebb tidal excursion.

The 24-hour average full capacity 2°C above ambient thermal barrier (measured during the critical periods) may not exceed 50 percent of the accessible cross section of the receiving water body. Both cross sections shall be taken in the same plane.

The 24-hour average area of the bottom touched by waters heated 2°C or more above ambient at full capacity (measured during the critical periods) may not exceed 5 percent of the bottom beneath the average ebb tidal excursion multiplied by the width of the receiving water body.

The distance downstream from the point of discharge to the 24-hour average 2°C above ambient isotherm at full capacity may not exceed the distance traveled in 6 hours by the receiving stream. Both distances shall be measured during the critical periods.

The 24-hour average full capacity 2°C above ambient thermal barrier (measured during the critical periods) may not exceed 50 percent of the accessible cross section of the receiving body. Both cross sections shall be taken in the same plane.

The area of the bottom touched by waters heated 2°C or more above ambient at full capacity may not exceed 5 percent of the stream bottom passed over by the stream flowing for 6 hours. Both areas shall be measured during the critical periods.

A significant increase in abundance or distribution of any species considered to be nuisance species by the Department of the Environment;

A significant change in biological productivity;

A significant elimination or impairment of economic and recreational resources; and

A significant reduction in the successful completion of the life cycle of representative important species (RIS).

Appreciable harm has not resulted from the thermal component of the discharge, taking into account the interaction of the thermal component with other pollutants and the additive effect of other thermal sources, to a balanced, indigenous community of shellfish, fish, and wildlife in and on the body of water into which the discharge has been made; or

Despite the occurrence of the previous harm, the desired alternate effluent limitations, or appropriate modifications of them, will nevertheless assure the protection and propagation of a balanced, indigenous community of shellfish, fish, and wildlife in and on the body of water into which the discharge is made.

Recreational only ---------------------------------- 1.0;

Commercial and recreational -------------------- 1.0;

Commercial only ---------------------------------- 1.0;

Commercial, recreational, and forage ---------- 0.8;

Commercial and forage --------------------------- 0.75;

Recreational and forage --------------------------- 0.75;

Forage ------------------------------------------ --- 0.75.

Discharges an amount of treated sewage that is less than 1 percent of the 7-day, 10-year low flow of the receiving stream; or

Was in existence on July 1, 1981, is owned or operated by a local subdivision, is required to convert from the use of chlorination to another system in order to be permitted under this regulation, and matching federal funds are not available to make the conversion.

Adopt a water quality criterion for the toxic substance in accordance with the emergency regulation procedure under State Government Article, Annotated Code of Maryland;

Ban the discharge of the toxic substance under the general authorities in Environment Article, Title 9, Annotated Code of Maryland;

Modify any existing discharge permit to include a limitation for the toxic substance, or deny any new discharge permit until the Department determines the effect of the discharge;

Require biomonitoring and chemical testing by any discharger to demonstrate the impact of a toxic substance in the surface water; or

Take any other action permitted by applicable law.

Naturally occurring pollutant concentrations prevent the attainment of the use;

Natural, ephemeral, intermittent, or low flow conditions or water levels prevent the attainment of the use, unless these conditions may be compensated for by the discharge of sufficient volume of effluent discharges without violating State water conservation requirements to enable uses to be met;

Human-caused conditions or sources of pollution prevent the attainment of the use and cannot be remedied, or would cause more environmental damage to correct than to leave in place;

Dams, diversions, or other types of hydrologic modifications preclude the attainment of the use, and it is not feasible to restore the water body to its original condition or to operate these modifications in a way that would result in the attainment of the use;

Physical conditions related to the natural features of the water body, such as the lack of proper substrate, cover, flow, depth, pools, riffles, and similar conditions unrelated to water quality, preclude attainment of aquatic life protection uses; or

Controls more stringent than those required by §§301(b) and 306 of the Federal Act would result in substantial and widespread economic and social impact.

A POTW with a pretreatment program established in accordance with COMAR 26.08.08;

An industrial discharger or POTW treatment plant with a wastewater flow greater than or equal to 1,000,000 gallons per day;

A discharger whose discharge has demonstrated actual or potential toxicity; or

A discharger whose discharge the Department has reason to believe may cause toxicity as determined by an evaluation of manufacturing processes, indirect discharges, treatment processes, effluent or receiving water data, or other relevant information.

A discharger identified in §D(1) of this regulation shall have requirements for toxic substance monitoring included in its permit at the time of permit issuance or reissuance.

Modifications to these requirements may be allowed on a case-by-case basis if the:

Data submitted under any previous toxic substance monitoring program may be used to satisfy these requirements if the data is indicative of the current process and treatment conditions.

Any toxic substance monitoring, including test protocols, shall be approved by the Department before initiation of the testing. All data generated shall be within the quality assurance and quality control specifications of the test protocol.

Measurements below the minimum level may be reported as BML (below minimum level).

If the Department determines through the monitoring described in §D(1) of this regulation, that a discharge causes or has the potential to cause the discharge of toxic substances or an impact on surface waters, the Department may modify the discharge permit to require the discharger to collect data to verify or rule out the existence of an impact from a toxic substance.

For the purpose of this subsection, an effluent is acutely toxic when the LC₅₀ value resulting from the first 48 hours of a valid acute or chronic toxicity test is less than or equal to 100 percent effluent. LC₅₀ means the effluent concentration at which 50 percent of the organisms die or are immobilized during the test.

Each test shall be conducted using at least two species, one vertebrate and one invertebrate, as specified by the Department. Each test shall be conducted in accordance with the procedures specified by the Department.

Unless otherwise specified in an existing permit, if the results for the first 48 hours of any two consecutive valid acute or chronic toxicity tests conducted within any 12-month period show acute toxicity under §E(4)(a) of this regulation, the permittee shall repeat the test within 30 days to confirm the finding of acute toxicity.

One toxicity test shall be differentiated from another by the date on which the effluent was sampled, not by the number of species tested.

If acute toxicity is confirmed, the permittee shall:

If the permittee repeats toxicity testing under §E(4)(c) of this regulation and the results for the first 48 hours of the repeat test do not show acute toxicity, the Department will require the permittee to repeat toxicity testing as specified in the permit.

Submit documentation from the Bureau of Mines that the proposed coal remining operation will be located on a remined area;

Certify that the proposed coal remining operation will be confined to the remined area;

Submit the application for a remining permit from the Bureau of Mines;

Describe the hydrologic balance for the proposed coal remining operation, including results of a detailed water quality and quantity monitoring program conducted in accordance with §B(4) of this regulation;

Submit plans, cross sections, and schematic drawings describing the techniques for handling acid-forming materials to reduce the discharge of acidity, iron, and manganese;

Submit a description and an explanation of the range of abatement levels that probably can be achieved, costs, and each step proposed to reduce the discharge of acidity, iron, and manganese;

Submit a description of the spoil-handling practices necessary to reduce the discharge of acidity, iron, and manganese;

Submit a detailed topographic map of the proposed coal remining operation, including the locations of the preexisting and proposed discharges; and

Continue the water quality and quantity monitoring program described in §B(4) of this regulation on a quarterly basis, and submit the results to the Department on a quarterly basis until the Department makes a final permit decision.

The baseline sampling data is derived by sampling and analysis of all preexisting discharges from the coal remining area and in-stream water quality upstream and downstream of the proposed coal remining site. The data shall be collected in a detailed water quality and quantity monitoring program which includes the requirements listed below and has been approved by the Department.

Sampling points should be established at convenient locations as near to the source as possible. Sampling points shall be established through an on-site visit by the Maryland Department of the Environment permit writer and the applicant. In the event of disagreement concerning the location of the sample site, the final decision shall be made by the Department.

When flows from preexisting multiple effluent discharges converge at convenient sampling points, composite sampling and analysis may be appropriate.

Each sample shall be measured for flow (million gallons/day) and analyzed for the best professional judgement (BPJ) parameters of acidity (milligrams/liter), iron (milligrams/liter) and manganese (milligrams/liter). Iron and manganese concentrations shall be in terms of total metal concentrations.

In addition to the BPJ parameters discussed above, the baseline sampling and analysis data shall include an analysis for parameters including pH, total suspended solids (milligrams/liter), alkalinity (milligrams/liter), specific conductance (millemhos/centimeter), and sulfates (milligrams/liter) for surface water.

Sampling shall occur, at a minimum, over a 12-month period, with samples being taken monthly at regular intervals (for example, every first Monday, or the 15th of each month) from both the effluent discharge and in-stream sampling sites. The 12 sampling and analysis events shall constitute the minimum baseline sampling data.

If the applicant proposes to use common facilities to manage stormwater and remining flows, the applicant shall include in the applicant's application:

The applicant may not use a common facility to manage remining and stormwater flows without the written consent of the Department.

The applicant has applied for a coal remining permit from the Bureau of Mines;

The coal remining operation is located on a site on which coal mining was conducted before August 3, 1977;

The applicant demonstrates to the satisfaction of the Department that the mining and reclamation procedures proposed for the site of the coal remining operation have the potential to improve water quality in the preexisting discharges based on a hydrologic reclamation plan and a probable hydrologic consequences statement;

The Department determines, based on the proposed hydrologic reclamation plan, that the coal remining activity is not likely to cause discharges of pH, iron, or manganese which exceed the levels established as the baseline loading in the preexisting discharges at the site before the coal remining operation began; and

The information provided in the application is adequate for the Department to make an informed final permit decision.

Demonstrate that the annual cumulative baseline loading set forth in the NPDES permit has not been exceeded, and that the water quality discharged from the site has been improved; and

Compile the water quality information into a final report which shall analyze the data and document any changes in water quality in the stream.

The total at the site; or

For adjacent sites involving any common ownership or operation, the combined total of all sites where the production, manure management, or storage operations are collectively owned or managed.

The terms “Director” and “State Director” mean the Secretary of the Environment or the Secretary of the Environment's designee;

The size threshold for defining a large dry manure chicken (other than laying hens) AFO is 125,000 chickens or a total house capacity of greater than or equal to 100,000 square feet;

An AFO that is a large or medium CAFO under federal regulations is also subject to the permit requirements for a CAFO under Maryland regulations only if it discharges or proposes to discharge;

An AFO that is a large CAFO under federal regulations that does not discharge or propose to discharge is subject to the requirements for a MAFO under the Maryland regulations.

Animal waste comes into contact with surface water; or

Animals come into contact with surface water and the AFO is not using best management practices designed and approved by the soil conservation district (SCD) to limit animal access to surface water.

MAFO permits shall at a minimum include requirements and schedules for development, submission to the Department, and implementation of a complete and current NMP and conservation plan.

The terms of the NMP shall be consistent with the terms of the conservation plan and, together with the conservation plan, shall:

Except for storm water that comes into contact with animal waste that is land applied in accordance with a NMP, discharge of animal waste to surface waters of this State is prohibited.

Not less than 180 days in advance of the date on which the discharge permit is desired to commence the activities; and

In sufficient time before the commencement of activities to ensure compliance with provisions of appropriate State and federal laws and regulations.

Name of any affiliate;

Permit numbers for any State discharge or NPDES permits presently held by the applicant or his affiliate;

Identification of administrative complaints or orders, if any, against the operation of the applicant or his affiliate; and

The location of all sites involved in the storage of solid or liquid waste and the ultimate disposal sites of solid or liquid waste from any treatment system.

For a corporation, by a responsible corporate officer such as:

For a partnership or sole proprietorship, by a general partner or the proprietor, respectively;

For a municipal, State, or other public agency, by either a principal executive officer, ranking elected official, or other duly authorized employee; or

For a federal agency, by a principal executive officer that includes:

The application has been received;

The applicant is responsible for the cost of the public notice required under the provisions of this chapter and for transcripts from any informational meetings or public hearings;

The applicant or the applicant's representative may be required to attend all public informational meetings and public hearings;

Failure to pay the costs of public notification or failure to attend the public informational meetings or public hearings may result in the Department not approving the applicant's permit; and

The name of the applicant;

The type of permit applied for;

The type of proposed discharge;

The volume of the proposed discharge;

The location of the proposed discharge;

A statement that persons may review and copy the application or related material and the procedure for doing so;

A statement that the Department shall hold an informational meeting, if a person makes a written request within 10 working days of the publication of the notice, and the procedure for requesting an informational meeting; and

Other information the Department determines is necessary for adequate public notification.

Ensure that a machine or device for the copying of papers and documents is available for a reasonable fee; or

Otherwise provide for, or coordinate with, copying facilities or services so that requests for copies of nonconfidential documents may be responded to promptly.

Except for effluent data, the Department shall protect any information contained in an NPDES application, or other records, reports, or plans, as confidential upon a showing by a person that the information, if made public, would divulge methods or processes entitled to protection as the person's trade secrets.

If the information being considered for confidential treatment is contained in an NPDES application, the Department shall forward this information to the EPA for concurrence in any determination of confidentiality.

If the EPA determines that some or all of the information being considered for confidential treatment does not merit this protection, and communicates to the Department that it is the EPA decision not to concur in the withholding of the information, the Department shall:

Conform to the requirements of Regulation .01-1E of this chapter; and

Contain:

After the Department receives the discharge permit application, the Department shall prepare a tentative determination, which shall include:

When the tentative determination is to issue a discharge permit, the tentative determination shall include a draft permit, which shall be available to the public for inspection and copying.

The Department shall prepare a fact sheet as required by the Federal Act for all proposed permits for major facilities.

The Department shall publish or require the applicant to publish the notice of tentative determination according to Regulation .01-1E of this chapter.

The notice of tentative determination shall include:

When the notice of tentative determination also includes a notice of public hearing, the first notice of public hearing shall be given at least 30 days before the hearing.

The notice of tentative determination shall be mailed to any other state whose waters may be affected by the issuance of a permit, so that the affected state may submit written comments to the Department and to the EPA.

The notice of tentative determination and, if prepared, a fact sheet, shall be mailed, unless waived, to the appropriate district engineer of the U.S. Army Corps of Engineers, the U.S. Fish and Wildlife Service, and the National Marine Fisheries Service.

Upon written request by a person, the Department shall add the name of that person to a mailing list to receive a copy of the notice of tentative determination and fact sheet, if prepared, for a specific NPDES permit application.

In the notice of tentative determination; or

For the public hearing.

The Department shall schedule a public hearing on the tentative determination when a written request for a public hearing is made within 20 calendar days of the publication of the notice of tentative determination.

The Department may schedule a public hearing on a State discharge or NPDES permit at the Department's discretion.

The public hearing may be cancelled if all persons who made timely written requests withdraw the requests before the hearing.

The applicant, if requested by the Department, shall provide information concerning the application.

If the Department requires the applicant to attend the public hearing, failure of the applicant to attend the hearing and present information may result in the Department not issuing the permit.

A person shall be given an opportunity to present information at the public hearing concerning the tentative determination.

The Department shall accept written comments for 5 calendar days after the date of the public hearing.

The applicant shall be responsible for the cost of preparing and obtaining a transcript of public hearings.

If a public hearing is scheduled, a notice of the hearing shall be published according to Regulation .01-1E of this chapter. The first notice shall give a minimum of 30 days notice before the hearing.

The notice of public hearing shall include:

The Department shall provide the applicant with a copy of the notice of public hearing.

Written comments adverse to the tentative determination are received by the Department within 30 days after publication of the notice of tentative determination;

Comments adverse to the tentative determination were received in writing at, or within 5 days after, a public hearing held according to Regulation .01-2B(5) of this chapter;

Comments adverse to the tentative determination were received orally at the public hearing conducted under this section and the Department prepared a transcript of the comments made at the hearing; or

The final determination is substantively different from the tentative determination and all persons who may be aggrieved by the final determination have not waived, in writing, their right to request a contested case hearing.

The name of the applicant;

The type of discharge;

The location of the discharge;

The volume of the discharge;

A statement of the Department's final determination and a brief explanation of the Department's decision;

The permit limitations and conditions; and

A schedule of compliance, if applicable.

The information contained in the final determination required by §A(3)(a)—(e) of this regulation, and any limitations, change in permit conditions, or schedule of compliance;

A statement that the notice of final determination is available for inspection and copying;

The procedure for inspection and copying of the final determination;

A statement that a person may request a contested case hearing to appeal a final determination if the person makes factual allegations with sufficient particularity to demonstrate that the person is aggrieved by the final determination and the final determination is:

A statement that a person requesting a contested case hearing shall submit a written request for adjudication within 15 days after publication of the notice of final determination;

The procedure for requesting a contested case hearing; and

Other information the Department determines to be necessary for adequate public notification.

Submit a written request in the manner specified in the notice of final determination within 15 days after publication of the notice of final determination; and

Provide documentation that the requirements of §A of this regulation were met.

The name, address, and telephone number of the person filing the request; (b) The particular factual allegations which demonstrate that the:

Effluent limitations,

Surface and ground water quality standards,

The Federal Act,

State law or regulation,

Best available technology, and

Federal effluent guidelines;

The continuing planning process required under §303(e) of the Federal Act; and

The approved county water and sewerage plan adopted under Environment Article, Title 9, Subtitle 5, Annotated Code of Maryland;

Require the permittee to achieve compliance within:

Set for each compliance schedule that is longer than 9 months, interim dates of 9 months or less for:

Require the permittee to provide written notice of the permittee's compliance or noncompliance with the interim or final requirements within 14 days following each interim or final compliance date;

Prepare and report to the EPA on the last day of February, May, August, and November, a list of all instances occurring in the quarter before the report where the permittee failed to:

Make available to the public for inspection and copying, the quarterly lists reporting failure to comply with compliance schedules.

The facility is an existing facility as of the effective date of this section;

The permitted dry-weather discharge from the facility consists of a combination of drinking fountain drainage, fire protection system drainage, and interior atmosphere control equipment drainage;

The total annual estimated dry-weight mass loading for the pollutant of concern of the permitted dry-weather discharge from the facility does not exceed 5 pounds;

The annual average effluent concentration of the permitted dry-weather discharge at the facility does not exceed the ambient concentration of the pollutant of concern in the facility's receiving water body; and

The discharger’s receiving water body for the discharge is not a Class III or Class III-P water.

For purposes of this section, normal corrosion and erosion shall be determined through site-specific calculations that are performed in accordance with scientifically defensible methodology approved by the Department and are based, where appropriate, on annual average intake concentrations.

In establishing discharge permit limits on the basis of either water quality standards or intake water pollutant concentrations, the Department may grant a credit for normal corrosion and erosion associated with the discharging facility's noncontact cooling water condenser tubes, if the discharger:

The Department may reduce or deny the credit if any other activity, condition, method of operation, or material used or produced at the facility results in the increase of the erosion and corrosion-based pollutant in the facility's discharge (including entrainment of a pollutant previously discharged or disposed of by the facility) and significantly contributes to the exceedance of the water quality standard for that pollutant in the receiving water.

Tracer studies;

Receiving water and discharge flow measurements;

Surface water bathymetry;

Diffuser design and performance data; and

Effluent modeling results.

Discharge conditions have not changed; and

No surface water impacts attributable to the facility have been identified.

For acute aquatic life criteria, a history of repeated whole effluent toxicity testing at four consecutive quarterly intervals where the effluent, upon allowance for confirmation tests on failures, consistently exhibits an LC₅₀ greater than 100 percent;

For chronic aquatic life criteria, a history of repeated whole effluent toxicity testing at four consecutive quarterly intervals where the effluent, upon allowance for confirmation tests on failures, consistently exhibits an IC₂₅ greater than the instream waste concentration at the edge of the chronic mixing zone; and

Achievement of best available technology with satisfactory operation and maintenance.

An LC₅₀ which, upon allowance for confirmation tests for failures, consistently exceeds 100 percent; or

An IC₂₅ which, upon allowance for confirmation tests for failures, consistently exceeds the instream waste concentration at the edge of the chronic mixing zone.

The substance or substances for which biologically available equivalence limits are to be developed;

The data demonstrating that the preconditions specified in §B of this regulation have been met; and

The proposed methodology for deriving the biological translator, including sampling times and locations, effluent dilutions, species to be tested, and laboratory quality assurance/quality control procedures.

Substance or substances for which biologically available equivalence limits are to be developed;

Most recent data collected to satisfy the preconditions in §B of this regulation; and

Data supporting the biological translator.

For acute aquatic life criteria, a history of repeated whole effluent toxicity testing at four consecutive quarterly intervals where the effluent, upon allowance for confirmation tests of failures, consistently exhibits an LC₅₀ greater than 100 percent;

For chronic aquatic life criteria, a history of repeated whole effluent toxicity testing at four consecutive quarterly intervals where the effluent, upon allowance for confirmation tests on failures, consistently exhibits an IC₂₅ greater than the instream waste concentration at the edge of the chronic mixing zone; and

Achievement of best available technology with satisfactory operation and maintenance.

An LC₅₀ which, upon allowance for confirmation tests for failures, consistently exceeds 100 percent; or

An IC₂₅ which, upon allowance for confirmation tests for failures, consistently exceeds the instream waste concentration at the edge of the chronic mixing zone.

The metal or metals for which chemical translator limits are to be developed;

The data demonstrating that the preconditions in §B of this regulation have been met; and

The proposed methodology for deriving the chemical translator, including sampling times and locations, analytical methods, and all quality assurance/quality control procedures.

Substance or substances for which the chemical translator limits are to be developed;

Most recent data collected to satisfy the preconditions in §B of this regulation; and

Data supporting the chemical translator developed permit limits.

The discharger demonstrates, to the satisfaction of the Department, the ratio between dissolved and total recoverable metal concentrations through the collection and evaluation of appropriate field data; or

For fresh receiving waters only, the discharger uses the following ratio of total recoverable (C_T) to dissolved (C) metal concentrations:

The installation, use, and maintenance of monitoring equipment or methods; and

When appropriate, biological monitoring methods.

Raw data and original strip chart recordings;

Calibration and maintenance records; and

Reports.

The date, exact place, time, and method of sampling;

The dates of analyses;

Who performed the analyses;

The analytical techniques and methods used; and

The results of the analyses.

Treatment sufficient to afford protection for shellfish harvesting waters shall be required for all sewage treatment works discharging into Class II waters.

This treatment may require a higher level of secondary treatment or advanced waste treatment.

These treatment works shall incorporate a bypass control system, including a minimum 24-hour emergency holding facility, and shall provide for biocide residual control.

0.5 million gallons per day to the Chesapeake Bay and its tributaries above the Baltimore Harbor; and

10 million gallons per day in the vicinity of Baltimore Harbor to the Bay Bridge.

Storm water discharges;

Landfills or sludge-handling facilities designed to achieve natural attenuation of leachate, with no discharge to surface waters other than storm water runoff regulated under §B(2)(a) of this regulation;

Individual on-lot domestic waste subsurface disposal systems permitted by the Department under Environment Article, Title 9, Subtitle 5, Annotated Code of Maryland, and COMAR 26.04.02;

Municipal separate storm sewers;

Ground water heat pumps discharging to waters of this State;

Other categories of discharges as established under this regulation.

A statement that the Department proposes to issue a general permit for a certain class of discharges;

The procedures for a person to review and copy the tentative determination, draft permit, or related material;

A brief explanation of the Department's tentative decision;

Proposed permit limitations and conditions; and

If applicable, a proposed schedule of compliance.

The Department shall publish a public notice of the Department's tentative determination in the Maryland Register and according to Regulation .01-1E of this chapter.

The notice of tentative determination shall include:

If the notice of tentative determination also includes a notice of public hearing, the notice of public hearing shall be given at least 30 days before the hearing.

An informational meeting or meetings; or

A public hearing or hearings.

Publish a notice of the hearing according to Regulation .01-1E of this chapter, and the first notice shall give a minimum of 30 days notice before the hearing; and

Publish a notice of the public hearing that includes:

Give a person who attends a public hearing an opportunity to make comments concerning the issuance of a general permit; and

Accept written comments on the proposal to issue a general permit for at least 5 days after a public hearing.

Written comments adverse to the tentative determination were received by the Department within 30 days after publication of the notice of tentative determination;

Comments adverse to the tentative determination were received in writing at, or within 5 days after, a public hearing held under the provisions of §H of this regulation;

Comments adverse to the tentative determination were received orally at the public hearing conducted under this section and the Department prepared a transcript of the comments made at the hearing; or

The final determination is substantively different from the tentative determination and persons who may be aggrieved by the final determination have not waived, in writing, their right to request a contested case hearing.

A description of the type of discharges to be included in the general permit;

A statement of the Department's final determination and a brief explanation of the Department's decision;

The permit limitations;

The general and special permit conditions; and

A schedule of compliance, if applicable.

The information required under §I(3)(a)—(b) of this regulation, including any change in permit limitations, conditions, or schedule of compliance;

A statement that the notice of final determination is available for inspection and copying;

The procedure for inspecting and copying the final determination;

A statement that a person may request a contested case hearing to appeal a final determination if the person makes factual allegations with sufficient particularity to demonstrate that the person is aggrieved by the final determination and the final determination is:

A statement that a person requesting a contested case hearing shall submit a written request for adjudication within 15 days after the publication of the notice of final determination;

The procedure for requesting a contested case hearing; and

Other information the Department determines to be necessary for adequate public notification.