Purpose. To protect surface water quality, this State shall adopt water quality standards to: Protect public health or welfare; Enhance the quality of water; Protect aquatic resources; and Serve the purposes of the Federal Act. Water Quality Standards. The surface water quality standards consist of three parts: Designated uses of the waters of this State; Water quality criteria to protect the designated uses; and Antidegradation Policy. Water quality standards shall provide water quality for the designated uses of: Water contact recreation; Fishing; Propagation of fish, other aquatic life, and wildlife; and Agricultural and industrial water supply. Waters of this State shall be protected for the basic designated uses in Regulation .02A. Water quality standards shall consider the use and value of public water supplies. Regulations .02—.08 of this chapter implement this State's water quality standards by: 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. General. The determination of the designated use of a water body shall include consideration of the following factors: Existing conditions; and Potential uses which may be made possible by anticipated improvements in water quality. The actual uses of surface water are not limited to those designated in this chapter. Any reasonable and lawful use is permitted provided that the surface water quality is not adversely affected by the use. Specific Designated Use Classes. Class I: Water Contact Recreation, and Protection of Nontidal Warmwater Aquatic Life. This class designation includes waters that are suitable for: 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. Class I-P: Water Contact Recreation, Protection of Aquatic Life, and Public Water Supply. This class designation includes: All uses identified for Class I; and Use as a public water supply. Class II: Support of Estuarine and Marine Aquatic Life and Shellfish Harvesting. This class designation includes all applicable uses identified for Class I in: 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: Shellfish propagation and storage, or harvest for marketing purposes; and Actual or potential areas for the harvesting of oysters, soft-shell clams, hard-shell clams, and brackish water clams. Class II-P: Tidal Fresh Water Estuary. This class designation includes: All uses identified for Class II waters; and Use as a public water supply. Class III: Nontidal Cold Water. This class designation includes all uses identified for Class I and waters which have the potential for or are suitable for the growth and propagation of self-sustaining trout populations and other coldwater obligate species including, but not limited to the stoneflies tallaperla and sweltsa. Class III-P: Nontidal Cold Water and Public Water Supply. This class designation includes: All uses identified for Class III waters; and Use as a public water supply. Class IV: Recreational Trout Waters. This class designation includes all uses identified for Class I in cold or warm waters that have the potential for or are: Capable of holding or supporting adult trout for put-and-take fishing; and Managed as a special fishery by periodic stocking and seasonal catching. Class IV-P: Recreational Trout Waters and Public Water Supply. This class designation includes: All uses identified for Class IV waters; and Use as a public water supply. Class II includes the subcategories of designated uses described in this section. Shellfish Harvesting. This subcategory includes waters where there are: Actual or potential areas for the harvesting of oysters, soft-shell clams, hard-shell clams, or brackish water clams; or Actual or potential areas suitable for the propagation or storage of oysters, hard-shell clams, soft-shell clams, and brackish water clams for marketing purposes, except areas excluded by the Department. Seasonal Migratory Fish Spawning and Nursery Subcategory. This subcategory includes waters of the Chesapeake Bay and its tidal tributaries that have the potential for or are supporting the survival, growth, and propagation of balanced indigenous populations of ecologically, recreationally, and commercially important anadromous, semi-anadromous and tidal-fresh resident fish species inhabiting spawning and nursery grounds from February 1 through May 31. Seasonal Shallow-Water Submerged Aquatic Vegetation Subcategory. This subcategory includes: Tidal fresh waters of the Chesapeake Bay and its tidal tributaries that have the potential for or are supporting the survival, growth, and propagation of rooted, underwater bay grasses in tidally influenced waters from April 1 through October 1; and Low salinity (oligohaline and mesohaline) waters of the Chesapeake Bay and its tidal tributaries that have the potential for or are supporting the survival, growth, and propagation of rooted, underwater bay grasses in tidally influenced waters from April 1 through October 1. Open-Water Fish and Shellfish Subcategory. This subcategory includes waters of the Chesapeake Bay and its tidal tributaries that have the potential for or are supporting the survival, growth, and propagation of balanced, indigenous populations of ecologically, recreationally, and commercially important fish and shellfish species inhabiting open-water habitats. This subcategory applies from June 1 to September 30 in tidally influenced waters from the shoreline to the adjacent shoreline (and from the shoreline to the opposite shoreline), and from the surface to the measured boundary of the pycnocline, if the pycnocline prevents oxygen replenishment, otherwise the subcategory is applied from the surface to the bottom. If a pycnocline exists but other physical circulation patterns, such as the inflow of oxygen-rich oceanic bottom waters, provide oxygen replenishment to the deep waters, the open-water fish and shellfish designated use extends to the bottom. From October 1 through May 31, the boundaries of the open-water designated use include all tidally influenced waters from the shoreline measured from the shoreline to the adjacent or opposite shoreline and down to the bottom. Seasonal Deep-Water Fish and Shellfish Subcategory. This subcategory includes waters of the Chesapeake Bay and its tidal tributaries that have the potential for or are supporting the survival, growth, and propagation of balanced, indigenous populations of important fish and shellfish species inhabiting deep-water habitats as described as follows: One of the following applies: 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 From October 1 to May 31, the open water fish and shellfish subcategory designated use applies. Seasonal Deep-Channel Refuge Use. This subcategory includes waters of the Chesapeake Bay and its tidal tributaries that have the potential for or are supporting the survival of balanced, indigenous populations of ecologically important benthic infaunal and epifaunal worms and clams, which provide food for bottom-feeding fish and crabs. This subcategory applies from June 1 through September 30 in tidally influenced waters located below the measured lower boundary of the pycnocline to the bottom where a measured pycnocline is present and presents a barrier to oxygen replenishment. From October 1 to May 31, the open water fish and shellfish subcategory designated use applies. Applicability. Surface water quality criteria shall apply: In fresh water streams and rivers: For toxic substances, under the conditions stipulated in Regulations .03-2A and .05A, and Under design stream flow for all other substances; In tidal waters: For toxic substances, under the conditions stipulated in Regulations .03-2A and .05A, and Under average tidal conditions during design stream flows for all other substances; Outside of any mixing zones which may be designated by the Department. If the natural water quality of a stream segment is not consistent with the criteria established for the stream then: 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. When coal remining permits are issued under §301 of the Federal Water Pollution Control Act (33 U.S.C. §1311), a variance to the specific water quality criteria for pH, iron, and manganese in the State's water quality standards may be given at the discretion of the Department for the duration of the remining activity. This variance may not be given if there is no demonstrated potential for improved water quality from the remining operation and if degradation of existing in-stream conditions is likely to occur. General Water Quality Criteria. The waters of this State may not be polluted by: Substances attributable to sewage, industrial waste, or other waste that will settle to form sludge deposits that: Are unsightly, putrescent, or odorous, and create a nuisance, or Interfere directly or indirectly with designated uses; Any material, including floating debris, oil, grease, scum, sludge, and other floating materials attributable to sewage, industrial waste, or other waste in amounts sufficient to: 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; High temperature or corrosive substances attributable to sewage, industrial waste, or other waste in concentrations or combinations which: Interfere directly or indirectly with designated uses, or Are harmful to human, animal, plant, or aquatic life; Acute toxicity from any discharge outside the mixing zone established under Regulation .05 of this chapter for the application of acute criteria for protection of aquatic life; and Toxic substances attributable to sewage, industrial wastes, or other wastes in concentrations outside designated mixing zones, which: Interfere directly or indirectly with designated uses, or Are harmful to human, plant, or aquatic life. General. Numerical toxic substance criteria for ambient surface waters are established to protect human health or aquatic life. Four types of numerical toxic substance criteria shall be adopted. The purpose of these criteria is to protect: 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. Fresh Water, Estuarine, and Salt Water Boundaries. For any toxic substance for which no estuarine criteria appear in Regulation .03-2G, Table 1, the salt water criteria apply in estuarine waters. Fresh water and estuarine or salt water boundaries begin at specific points for the purpose of applying the numerical toxic substance criteria for aquatic life protection. These points are: 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: Require the discharger to provide site specific salinity measurements or accept site specific salinity measurements provided voluntarily by the applicant; and Review the information provided in §B(2)(d)(i) of this regulation, and determine that the area is more appropriately designated as fresh water. For the purpose of applying numerical toxic substance criteria, the following are designated as the boundaries between fresh waters and estuarine or salt waters: Lower Susquehanna River Area (Sub-Basin 02-12-02)—All waters are fresh waters. Coastal Area (Sub-Basin 02-13-01) boundaries are: Bishopville Prong—State boat ramp at Daye Road; Birch Branch—Route 113; Middle Branch—Route 113; Church Branch—Route 113; Turville Creek—Route 589; Ayer Creek—Route 376; Newport Creek—Hayes Landing Road; and Poplartown Creek—Beaverdam Creek Road. Pocomoke River Area (Sub-Basin 02-13-02) boundaries are: Pocomoke River—A line connecting the mouth of Bullbegger Creek and the east entrance of Fair Hill Channel; and Manokin River—Sharps Point. Nanticoke River Area (Sub-Basin 02-13-03) boundaries are: Nanticoke River—A line connecting Newfoundland Point and Hat Crown Point (includes Marshyhope Creek); Wicomico River—A line connecting Pine Beach and Holland Point; Blackwater River—Mouth at Snake Island; and Transquaking River—Mouth at Fishing Bay. 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: Chester River—A line connecting Piney Grove and Primrose Point; Grays Inn Creek—A line crossing the creek at Cherry Tree Point; Herringtown Creek—All waters are fresh; West Fork Langford Creek—A line crossing creek at Fox Point; East Fork Langford Creek—A line connecting Piney Point and Longmarsh Point; Philip Creek—All waters are fresh; Reed Creek—Tilghmans Neck Road; Corsica Creek—A line crossing the creek at Jacobs Nose; Emory Creek—All waters are estuarine water; and All tributaries to the Chester River upstream from Deep Point. 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: Patapsco River—A line connecting Lazaretto Point and the southern terminus of the Baltimore Harbor Tunnel; and Back River—a line connecting Rocky Point and Cuckhold Point. West Chesapeake Bay Area (Sub-Basin 02-13-09) boundaries are: Severn River—Bridge on State Highway 3; All tributaries to the Severn River upstream from MD Route 648; Magothy River—A line connecting Henderson Point and Pea Patch Point; All tributaries to the Magothy River are fresh water; and South River—A line drawn due north from Beards Point. 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: Potomac River—A line connecting Upper Cedar Point and Chotank Creek; and All Maryland tributaries of the Potomac River upstream from St. Catherine Island are fresh water. 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). Numerical toxic substance criteria shall be applied: In intermittent streams, at the end of the discharge pipe; and In all other water bodies, at the edge of the mixing zones determined in accordance with Regulation .05C—E of this chapter. Acceptable laboratory methods for the detection and measurement of toxic substances shall be specified by the Department. Site-specific numerical toxic substance criteria may be developed on a site-specific basis. A person who wishes to develop a site-specific numerical toxic substance criterion shall: Do so in accordance with a scientifically defensible methodology approved by the Department; and Notify the Department of their intent not later than the time specified in COMAR 26.08.04.01-1. The toxicity of certain substances in Tables 1 and 6 of §G of this regulation is increased or decreased by hardness or pH. For these toxic substances: The Department may: Require the discharger to provide site-specific measurements; or Recalculate the aquatic life criteria based on available water quality data. The permittee may voluntarily provide site-specific information for the recalculation of the criteria. It is within the Department's discretion to determine the weight given this information. After reviewing the information provided in §D(1) or (2), the Department shall determine if one or more of these criteria should be modified at a particular location. For calculation of site-specific copper criteria, a discharger may use the Biotic Ligand Model in accordance with “Aquatic Life Ambient Freshwater Quality Criteria-Copper 2007 Revision (EPA-822-R-07-001, February 2007)” which is incorporated by reference. In those cases where numerical toxic substance criteria for aquatic life protection and protection of human health both apply, the most restrictive of the criteria shall be used. Acute and chronic numeric toxic substance criteria for fresh, estuarine, and salt water aquatic life protection and for human health protection are shown in Tables 1—6 of §G. For the instream application of the acute and chronic criteria for the protection of aquatic life in Tables 1—6 of §G of this regulation: The metals shall be measured as dissolved metal or as biologically available equivalence and may be translated to total recoverable measurements for waste load allocation to derive discharge permit limits using the procedures for the biological translator or chemical translator described in COMAR 26.08.04; The organic substances shall be measured directly or as biologically available equivalence and may be translated for waste load allocation to derive discharge permit limits using the procedures for the biological translator described in COMAR 26.08.04; and Cyanide shall be measured as either free cyanide or cyanide amenable to chlorination. Tables of Ambient Water Quality Criteria. Table 1. Toxic Substances Criteria for Ambient Surface Waters — Inorganic Substances. Table 2. Coefficients Used to Adjust Applicable Numerical Toxic Substance Fresh Water Aquatic Life Criteria. * Table 3. Conversion Factors Used to Adjust Applicable Numerical Toxic Substance Fresh Water Aquatic Life Criteria. Table 4. Toxic Substances for Ambient Water Quality Criteria — Organic Compounds. Table 5. Toxic Substances for Ambient Water Quality Criteria-Polycyclic Aromatic Hydrocarbons and Phthalates. Table 6. Toxic Substances for Ambient Water Quality Criteria — Pesticides and Chlorinated Compounds. 1 Refer to §D of this regulation. Acute Numeric Toxic Substance Criteria for Ammonia for the Protection of Fresh Water Aquatic Life. The use of Tables 3 and 4 requires documentation acceptable to the Department of the absence of freshwater mussels using the methods outlined in the document “Procedures for Applying the Mussel-Absent Ammonia Criteria to Maryland Surface Waters”, which is incorporated by reference. Presence of Salmonid Fish. In Class III, III-P, IV, and IV-P waters, the concentration of total ammonia (in milligrams of nitrogen per liter) may not exceed the acute criterion listed in Table 1. Absence of Salmonid Fish. In Class I and I-P waters, the concentration of total ammonia (in milligrams of nitrogen per liter) may not exceed the acute criterion listed in Table 2. Presence of Salmonid Fish and Absence of Freshwater Mussels. In Class III, III-P, IV, and IV-P waters, the concentration of total ammonia (in milligrams of nitrogen per liter) may not exceed the acute criterion listed in Table 3. Absence of Salmonid Fish and Absence of Freshwater Mussels. In Class I and I-P waters, the concentration of total ammonia (in milligrams of nitrogen per liter) may not exceed the acute criterion listed in Table 4. Table 1. Acute Water Quality Criteria for Freshwater Aquatic Life for Ammonia Where Salmonids May Be Present (milligrams of nitrogen per liter) 1. Table 2. Acute Water Quality Criteria for Freshwater Aquatic Life for Ammonia Where Salmonids Are Absent (milligrams of nitrogen per liter) 1. Table 3. Acute Water Quality Criteria for Freshwater Aquatic Life for Ammonia Where Salmonids May Be Present and Freshwater Mussels Are Absent (milligrams of nitrogen per liter) 1. Table 4. Acute Water Quality Criteria for Freshwater Aquatic Life for Ammonia Where Salmonids Are Absent and Freshwater Mussels Are Absent (milligrams of nitrogen per liter) 1. Chronic Numeric Toxic Substance Criteria for Ammonia, Expressed as a 30-day Average, for the Protection of Fresh Water Aquatic Life. Averaging Period. The concentration of total ammonia nitrogen (in milligrams of nitrogen per liter) expressed as a 30-day average may not exceed the chronic criterion listed in Tables 1, 2 or 3. The use of Table 3 requires documentation acceptable to the Department of the absence of fish early life stages. The use of Table 2 or 3 requires documentation acceptable to the Department of the absence of freshwater mussels using the methods outlined in the document Procedures for Applying Mussel-Absent Ammonia Criteria to Maryland Surface Waters. In addition, the highest 4-day average within the 30-day period may not exceed 2½ times the chronic criterion. Table 1. Chronic Ammonia Criteria for Waters Where Freshwater Fish Early Life Stages May Be Present (milligrams of nitrogen per liter). 1 Table 2. Chronic Ammonia Criteria for Waters Where Freshwater Fish Early Life Stages Are Present and Freshwater mussels are absent (milligrams of nitrogen per liter). 1 Table 3. Chronic Ammonia Criteria for Waters Where Freshwater Fish Early Life Stages Are Absent and Freshwater Mussels Are Absent (milligrams of nitrogen per liter). 1 Saltwater and Estuarine Acute Criteria for Ammonia. Acute numeric toxic substance criteria for ammonia to protect marine and estuarine life are shown in Table 1. In estuarine and saltwaters, the concentration of total ammonia (in milligrams/liter) may not exceed the acute criterion listed in Table 1. Milligrams per liter total ammonia in saltwater (Table 1) may be converted to milligrams of ammonia nitrogen per liter (as used in §§H and I of this regulation) by multiplying the criteria values in Table 1 by 14/17 (or 0.82353) to result in total ammonia nitrogen. Saltwater and Estuarine Chronic Criteria for Ammonia. Chronic numeric toxic substance criteria for ammonia to protect marine and estuarine life are shown in Table 1. Averaging Period. The concentration of total ammonia (in milligrams/liter) expressed as a 30-day average may not exceed the chronic criterion listed in Table 1. Milligrams per liter total ammonia in saltwater (Table 1) may be converted to milligrams of ammonia nitrogen per liter (as used in §§H and I of this regulation) by multiplying the criteria values in Table 1 by 14/17 (or 0.82353) to result in total ammonia nitrogen. Table 1 Chronic Water Quality Criteria for Saltwater Aquatic Life (milligrams/liter total ammonia). Criteria for Class I Waters — Water Contact Recreation and Protection of Nontidal Warmwater Aquatic Life. Bacteriological. 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. Dissolved Oxygen. The dissolved oxygen concentration may not be less than 5 milligrams/liter at any time. Temperature. 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. pH. Normal pH values may not be less than 6.5 or greater than 8.5. Turbidity. 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. Color. Color in the surface water may not exceed 75 units as a monthly average. Units shall be measured in Platinum Cobalt Units. Toxic Substance Criteria. All toxic substance criteria to protect: 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. Criteria for Subcategory Class I-P Waters — Water Contact Recreation, Protection of Nontidal Warmwater Aquatic Life and Public Water Supply. The following criteria apply: The criteria for Class I waters in §A(1)—(6); and Toxic Substance Criteria. All toxic substance criteria: For protection of fresh water aquatic organisms apply; and To protect public water supplies and the wholesomeness of fish for human consumption apply. Criteria for Class II Waters — Support of Estuarine and Marine Aquatic Life and Shellfish Harvesting. Bacteriological Criteria. These criteria are the same as for Class I, criteria for protection of recreational use, except, in Shellfish Harvest Waters, the following criteria also apply. In Shellfish Harvest waters, there may not be any pathogenic or harmful organisms in sufficient quantities to constitute a public health hazard in the use of waters for shellfish harvesting. A public health hazard for the consumption of raw shellfish will be presumed: 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. Classification of Class II Waters for Harvesting. 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: In areas affected by point source discharges, not more than 10 percent of the samples exceed an MPN of 43 per 100 milliliters for a five tube decimal dilution test or 49 MPN per 100 milliliters for a three tube decimal dilution test; or In other areas, the 90th percentile of water sample results does not exceed an MPN of 43 per 100 milliliters for a five tube decimal dilution test or 49 MPN per 100 milliliters for a three tube decimal dilution test. 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: In areas affected by point source discharges, not more than 10 percent of the samples exceed an MPN of 260 per 100 milliliters for a five tube decimal dilution test or 300 MPN per 100 milliliters for a three tube decimal dilution test; or In other areas, the 90th percentile of water sample results does not exceed an MPN of 260 per 100 milliliters for a five tube decimal dilution test or 300 MPN per 100 milliliter for a three tube decimal dilution test. 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. Temperature — same as Class I waters. pH — same as Class I waters. Turbidity — same as Class I waters. Color — same as Class I waters. Toxic Substance Criteria. All toxic substance criteria to protect: 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. Dissolved Oxygen Criteria for Class II Waters. 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: Greater than or equal to 6 milligrams/liter for a 7-day averaging period from February 1 through May 31 (salinity less than or equal to 0.5 parts per thousand); Greater than or equal to 5 milligrams/liter as an instantaneous minimum from February 1 through May 31; and Applicable to the open-water fish and shellfish subcategory criteria from June 1 to January 31. 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: Greater than or equal to 5.5 milligrams/liter for a 30-day averaging period year-round in tidal fresh waters (salinity less than or equal to 0.5 parts per thousand); Greater than or equal to 5 milligrams/liter for a 30-day averaging period year-round (salinity greater than 0.5 parts per thousand); Greater than or equal to 4.0 milligrams/liter for a 7-day averaging period year-round; Greater than or equal to 3.2 milligrams/liter as an instantaneous minimum year-round; For protection of the endangered shortnose sturgeon, greater than or equal to 4.3 milligrams/liter as an instantaneous minimum at water column temperatures greater than 29°C (77°F); and For the Upper Pocomoke River Tidal Fresh (POCTF) and the Maryland portion of the Middle Pocomoke River Oligohaline (POCOH), greater than or equal to 4.0 milligrams/liter for a 30-day averaging period year-round. Seasonal Deep-Water Fish and Shellfish Subcategory. The dissolved oxygen concentrations in areas designated as seasonal deep-water fish and shellfish subcategory shall be: Greater than or equal to 3.0 milligrams/liter for a 30-day averaging period from June 1 through September 30; Greater than or equal to 2.3 milligrams/liter for a 1-day averaging period from June 1 through September 30; Greater than or equal to 1.7 milligrams/liter as an instantaneous minimum from June 1 through September 30; The open-water fish and shellfish subcategory criteria apply from October 1 to May 31; and For the dissolved oxygen criteria restoration variance for Chesapeake Bay Mainstem Segment 4 mesohaline (CB4MH) seasonal deep-water fish and shellfish subcategory, not lower for dissolved oxygen in segment CB4MH than the stated criteria for the seasonal deep-water seasonal fish and shellfish use for more than 5 percent spatially and temporally (in combination), from June 1 to September 30. Seasonal Deep-Channel Refuge Subcategory. The dissolved oxygen concentrations in areas designated as deep-channel seasonal refuge use shall be: Greater than or equal to 1.0 milligrams/liter as an instantaneous minimum from June 1 through September 30 except for Chesapeake Bay segments subject to variances; For dissolved oxygen criteria restoration variance for Chesapeake Bay Mainstem Segment 4 mesohaline (CB4MH) deep-channel refuge subcategory, not lower for dissolved oxygen in segment CB4MH than the stated criteria for the seasonal deep-channel refuge for more than 6 percent spatially or temporally (in combination), from June 1 to September 30; For the dissolved oxygen criteria restoration variance for Eastern Bay Mesohaline (EASMH) seasonal deep-channel refuge subcategory, not lower for dissolved oxygen in segment EASMH than the stated criteria for the seasonal deep-channel refuge use for more than 2 percent spatially and temporally (in combination), from June 1 to September 30; and The same as for the open-water fish and shellfish subcategory from October 1 to May 31. 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 for Seasonal Shallow-Water Submerged Aquatic Vegetation Subcategory. Water Clarity Criteria Measurement. A Bay segment has attained the shallow water designated use if: Submerged aquatic vegetation (SAV) acreage meets or exceeds the SAV acreage restoration goal in Table 3 of this regulation; The shallow-water acreage that meets or exceeds the water clarity criterion expressed in Secchi depth equivalence from Table 2 of this regulation at the segment specific application depth specified in Regulation .08 of this chapter (excluding SAV no grow zones) is 2.5 times greater than the SAV Acreage Restoration Goal from Table 3 of this regulation; or A combination of the actual SAV acreage attained and meeting the applicable water clarity criteria in an additional, unvegetated shallow water surface area equals 2.5 times the remaining SAV acreage necessary to meet the segment's restoration goal. 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. Chlorophyll a. Concentrations of chlorophyll a in free-floating microscopic aquatic plants (algae) may not exceed levels that result in ecologically undesirable consequences that would render tidal waters unsuitable for designated uses. Compliance Schedules for Protection of Downstream Uses in Tidal Waters. 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. Criteria for Class II-P Waters—Support of Estuarine and Marine Aquatic Life and Shellfish Harvesting and Public Water Supplies. The following criteria apply: The criteria for Class II waters in §C(1)—(8), (9)(a)—(c), (10), and (11); and All toxic substance criteria: 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. Criteria for Class III Waters — Nontidal Cold Water. Bacteriological — Dissolved Oxygen. The dissolved oxygen concentration may not be less than 5 milligrams/liter at any time, with a minimum daily average of not less than 6 milligrams/liter. Temperature. 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. pH — same as Class I waters. Turbidity — same as Class I waters. Color — Same as Class I-P waters. Total Residual Chlorine (TRC). Except as provided in COMAR 26.08.03.06, the Department may not issue a permit allowing the use of chlorine or chlorine-containing compounds in the treatment of wastewaters discharging to Class III and Class III-P waters. Toxic Substance Criteria. All toxic substance criteria to protect: Fresh water aquatic organisms apply; and The wholesomeness of fish for human consumption apply. Criteria for Class III-P Waters — Nontidal Cold Water and Public Water Supplies. Exception. Authorized operation of the Little Seneca Creek Dam means that all operational activities permitted are met under the conditions of a dam operating permit issued by the Department of Natural Resources under Natural Resources Article, §§8-801—8-814, Annotated Code of Maryland, and COMAR 08.05.03. Injury resulting from the authorized operation of Little Seneca Creek Dam to the Class III natural trout fishery recognized in the stream use designation assigned to Little Seneca Creek in Regulation .08 of this chapter is not considered a violation of this chapter. The following criteria apply: The criteria for Class III waters in §D(1)—(7); and All toxic substance criteria to protect: Fresh water aquatic organisms; and Public water supplies and the wholesomeness of fish for human consumption. Criteria for Class IV Waters — Recreational Trout Waters. Bacteriological — same as Class I waters. Dissolved oxygen — same as Class I waters. Temperature. 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. pH — same as Class I waters. Turbidity — same as Class I waters. Color — same as for Class I waters. Toxic Substance Criteria. All toxic substance criteria to protect: Fresh water aquatic organisms apply; and The wholesomeness of fish for human consumption apply. Criteria for Class IV-P Waters — Recreational Trout Waters and Public Water Supplies. The following criteria apply: The criteria for Class IV waters in §F(1)—(6); and Toxic Substance Criteria. All toxic substance criteria to protect: Fresh water aquatic organisms, and Public water supplies and the wholesomeness of fish for human consumption. Criteria for Public Water Supply Reservoirs. The following criteria apply in freshwater reservoirs designated Class I-P, III-P or IV-P: The arithmetic mean of a representative number of samples of chlorophyll a concentrations, measured during the growing season (May 1 to September 30) as a 30-day moving average may not exceed 10 micrograms per liter; and The 90th-percentile of measurements taken during the growing season may not exceed 30 micrograms per liter. Quantitative assessments of biological communities in streams (biological criteria) may be used separately or in conjunction with the chemical and physical criteria promulgated in this chapter to assess whether water quality is consistent with the purposes and uses in Regulations .01 and .02 of this chapter. The results of the quantitative assessments of biological communities shall be used for purposes of water quality assessment, including, but not limited to, those assessments required by §§303(d) and 305(b) of the federal Clean Water Act (33 U.S.C. §§1313(d) and 1315(b)). These assessments shall use documented methods that have been subject to technical review, produce consistent and repeatable results, and are objectively interpretable. In using biological criteria to determine whether aquatic life uses are being met, the Department shall allow for the uncertainty and natural variability in environmental monitoring results by using established quantitative and statistical methodologies to establish the appropriate level of uncertainty for these determinations. The Department shall determine whether the application and interpretation of the assessment method are appropriate. In those instances where the Department determines the assessment method is not appropriate, it will provide its justification for that determination. Waters of this State shall be protected and maintained for existing uses and the basic uses of water contact recreation, fishing, protection of aquatic life and wildlife, and agricultural and industrial water supply as identified in the Use Class designations. Consistent with the Federal Act, existing uses and the level of water quality necessary to protect existing uses for any water body shall be maintained. Certain waters of this State possess an existing quality that is better than the water quality standards established for them. The quality of these waters shall be maintained unless: The Department determines a change in quality is justifiable as a result of necessary economic or social development; and The change will not diminish uses made of, or presently existing, in these waters. To accomplish the objective of maintaining existing water quality: New and existing point sources shall achieve the highest applicable statutory and regulatory effluent requirements; and Nonpoint sources shall achieve all cost effective and reasonable best management practices for nonpoint source control. The Department shall ensure that existing uses are maintained and protected and support changes to designated uses and associated criteria in any circumstances where the designated use and criteria do not reflect and protect uses that are being attained. Changes in designated uses and associated criteria to less stringent uses and criteria may only be undertaken when: The designated use is not attainable because of natural causes; The designated use is not attainable because of irretrievable man-induced conditions; or Controls more stringent than the effluent limitations and national performance standards mandated by the Federal Act, and required by the Department, would result in substantial and widespread economic and social impact. The Department shall provide public notice and opportunity for a public hearing on the proposed change before: Permitting a change in high quality waters; or Changing the stream use designation. Water which does not meet the standards established for it shall be improved to meet the standards. Maryland’s Antidegradation Procedure Flow Chart. All waters of the State shall receive Tier I protection which requires the protection and maintenance of existing uses and designated uses. Protections. Waters that have demonstrated an existing use that is not protected by the water quality criteria specified for the current designated use for this water body shall be protected so as to maintain the existing use and the water quality necessary to protect the existing use. Implementation of the Tier I level of Protection for Cold Water Existing Uses. The determination and protection of cold water existing uses in Maryland will be implemented according to the “Cold Water Existing Use Determinations: Policy and Procedures (Maryland Department of the Environment, May 12, 2021)”, which is incorporated by reference. Compilation and Maintenance of the List of Waters with Existing Uses. The Department shall compile and maintain, on its website, a public list of the waters with an existing use that is not protected by the currently designated use and associated water quality criteria. In Maryland, the term “Tier II water” is defined as a water body with water quality that measures significantly better than that required by water quality standards to support its designated uses. A Tier II watershed is defined as the area of land that contributes runoff to a Tier II waterbody and any discharges to streams upstream of and including the Tier II waterbody. Significantly better is evaluated statistically to demonstrate at least a 90 percent certainty that the mean of the available data is better than the applicable standard (for example, the criterion is outside the outer bound of the 90 percent confidence interval). Water quality is considered significantly better and waters may be listed as Tier II, if the exclusion under §D of this regulation does not apply and if: Measured water quality characteristics for which numeric criteria have been promulgated are significantly better than the water quality criteria specified in Regulations .03—.03-3 of this chapter; or Maryland Biological Stream Survey assessment data indicate that both fish and benthic values of the index of biological integrity are 4.00 or greater. Compilation and Maintenance of the List of High Quality Tier II Waters. The Department shall compile and maintain a public list of the Tier II waters. That list is contained in §N of this regulation. All readily available information may be considered to determine a listing. Tier II listings shall be made only for those specific characteristics for which monitoring data indicates the water body exceeds numeric water quality criteria or thresholds established under the narrative standards for biocriteria. The Department shall consider information available from the categories listed under §§A and D of this regulation. Designation for Specific Water Quality Measures. Where a water body is designated a Tier II water based on a specific water quality measure, potential impacts to only that specific characteristic shall be subject to Tier II review. For example, where a water body is designated Tier II because of high dissolved oxygen, only potential impacts to dissolved oxygen are subject to Tier II review. Waters That May Not Be Listed as Tier II. Water bodies included in the List of Impaired Waters (303(d) List) are not Tier II waters for the impairing substance. Antidegradation Review — General. An antidegradation review of updated, new, or proposed amendments to Water and Sewerage Plans (County Plans), wetlands and waterways permits, water quality certifications, or discharge permits in a Tier II watershed is required to assure consistency with antidegradation requirements. An applicant for proposed amendments to County Plans, a wetlands and waterways permit, water quality certification, or discharge permits in a Tier II watershed that will result in a new, or an increased, permitted annual discharge of pollutants or a potential impact to water quality shall evaluate alternatives to eliminate or reduce discharges or impacts. If impacts are unavoidable (as defined in §H of this regulation), an applicant shall prepare and document a social and economic justification. The Department shall determine, through the public processes for each of these permits or authorizations, whether these activities can be justified. Need for Tier II Antidegradation Review. Permits and Authorizations. Before submitting an application for a new or major modification of an existing discharge permit or Notice of Intent for authorization under a general permit, wetlands and waterways permit, or water quality certification, the discharger or applicant shall determine whether the receiving water body is in a Tier II watershed by consulting the list of Tier II waters. County Plans. As part of its continuing planning process, the Department shall review proposed updates or amendments to County Plans for any new or major modifications to discharges to a Tier II watershed. If a proposed update or amendment to a County Plan results in a new discharge or a major modification of an existing discharge to a Tier II watershed, the applicant shall perform a Tier II antidegradation review and: 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. Exemptions. The requirement to perform a Tier II antidegradation review does not apply to individual discharges of treated sanitary wastewater of less than 5,000 gallons per day if all of the existing and designated uses continue to be met. Tier II Antidegradation Review. If a Tier II antidegradation review is required, the applicant shall provide an analysis of reasonable alternatives that do not require direct discharge or a potential water quality impact to a Tier II watershed. The analysis shall include cost data and estimates to determine the cost effectiveness and feasibility of the alternatives. If the analysis in §G(1) of this regulation shows that the alternatives are cost effective and feasible, the alternative is required as a condition of the permit, authorization, or amendment to the County Plan. If the analysis in §G(1) of this regulation shows that the alternatives are not cost effective and feasible, the applicant shall provide the Department with plans to configure or structure the discharge or other regulated activities that may cause a potential water quality impact so as to minimize the use of the assimilative capacity of the water body. The assimilative capacity of the water body is the difference between the water quality at the time the water body was designated as Tier II, the baseline, and the water quality criterion. An applicant shall update an antidegradation review when applying for a new or major modification to an existing permit or authorization. Potential Determinations Resulting from Antidegradation Reviews. If there is a cost-effective alternative to direct discharge or water quality impacts, the applicant shall implement the alternative and it shall be a condition of the permit or authorization. If there is no cost-effective alternative to direct discharge or water quality impacts, but there is potential for further minimization of the use of assimilative capacity, the applicant shall revise the initial application to further minimize the use of assimilative capacity, and it shall be a condition of the permit or authorization. If the minimization of the use of assimilative capacity is adequate, then no social and economic justification (SEJ) is required. If there is no cost-effective alternative to direct discharge or water quality impacts, minimization of the use of assimilative capacity is not adequate, and the SEJ does not justify the water quality impact, the permit application or authorization shall be denied. If there is no cost-effective alternative to direct discharge or water quality impacts, all reasonable efforts have been made to minimize the use of assimilative capacity, and the SEJ is adequate and justifies the discharge or water quality impacts, the discharge permit shall be granted subject to other applicable requirements. Social and Economic Justification (SEJ). An SEJ shall be submitted if: 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. To allow for natural variability, water quality shall be considered diminished only if the assimilative capacity as defined in §G(3) of this regulation is cumulatively reduced by more than 25 percent from the baseline water quality of either benthic or fish IBI value used to make the Tier II stream designation identified in §N of this regulation. Demonstrating Social and Economic Justification for an Impact to Tier II Waters. In order to promote compact development, maintain habitat and open lands, and minimize water impacts in undeveloped areas, the requirement for social and economic justification is met if all of the following demonstrations are made: 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. The approaches described in §J(1)(b) of this regulation include, but are not limited to, innovative stormwater management and sediment and erosion control design practices, green building design techniques, nutrient removal technology for septic systems, innovative technologies designed to reduce point source discharges of pollutants, uniform building codes designed to remove impediments to rehabilitation projects, model infill development guidelines designed by the Maryland Department of Planning, and transit-oriented development. Components of the Social and Economic Justification. Components of the SEJ may vary depending on factors including, but not limited to, the extent and duration of the impact from the proposed discharge or regulated activity and the existing uses of the water body. The economic analyses shall include impacts that result from treatment beyond the costs to meet technology-based or water quality-based requirements. The economic analysis shall address the cost of maintaining high water quality in Tier II waters and the economic benefit of maintaining Tier II waters. The economic analysis shall determine whether the costs of the pollution controls needed to maintain the Tier II water would limit growth or development in the watershed including the Tier II water. Department Responsibilities. The Department shall determine whether the SEJ is adequate and demonstrates that the costs of water pollution controls are reasonable and would not limit development or growth and, if not, shall determine whether lowering of the water quality is unavoidable for necessary development or growth to take place in the watershed. The Department shall determine whether the SEJ demonstrates that the impact to water quality is necessary for development or growth to take place in the watershed. Evaluation of the SEJ shall consider the relative magnitude of costs and benefits of development, recognizing the difficulty in quantifying benefits, and the extent to which denial of the amendment, permit, or authorization would substantially impact future development within the watershed. When the Department proposes to issue a tentative determination to either issue or deny the permit application, the notice of tentative determination shall state that these waters are designated as Tier II and, if applicable, that a social and economic justification is available for review. Existing in-stream water uses and the level of water quality necessary to protect existing uses shall be maintained and protected. All required point and nonpoint source controls under State statutes and regulations shall be achieved. Public Participation. Public participation for a permit to discharge to a Tier II watershed is the same as that required for any permit subject to the Administrative Procedure Act or the requirements of Environment Article, Title 1, Subtitle 6, Annotated Code of Maryland. If an SEJ is not required, the public notice shall reflect the Tier II status of the waterbody and note that an SEJ is not required and note the justification. If an SEJ is required, the public notice shall reflect the Tier II status of the waterbody and note that an SEJ is required, and the Department shall make the SEJ available for review. List of Tier II Waters Based on Maryland Biological Stream Survey (fish and benthic macroinvertebrate) Index Scores. Scope. There are many tools available to protect special resources including the Smart Growth Initiative, Rural Legacy Program, local comprehensive plans, Program Open Space, and others that work through the private sector and nongovernment organizations. This regulation applies the Tier III Outstanding National Resource Waters (ONRW) designation only where the most stringent protection is necessary and appropriate to protect and maintain existing exceptional resources. Where high quality waters constitute an outstanding national resource, such as waters of national and State parks and wildlife refuges, and waters of exceptional recreational or ecological significance, that water quality shall be maintained and protected. Definitions. Exceptional Biological Resources. “Exceptional biological resources” means ecologically significant aquatic or wetland habitat that is: Distinctive because of its unique or very rare combination of natural species and communities; and Dependent on maintaining high or pristine water quality or special conditions of existing water quality, such as a bog, which can best be assured protection by no new or increased discharge. “Exceptional biological resources” includes, if appropriate: Wholly aquatic threatened or endangered species as defined in Natural Resources Article, §10-2A-01, Annotated Code of Maryland; Wholly aquatic species in need of conservation identified in COMAR 08.03.08.09; or Wetlands of special concern as defined in COMAR 26.23.06. “Protected Area” means a permanently protected area such as: 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. Eligible Nominations. Required Components. The nominating group or individual shall provide: 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. A mailed notice shall request “Restricted Delivery” and show to whom it was delivered and the date and address of delivery. Additional Information That May Be Required. The Department may require the nominee to submit an economic analysis to address community economic and social concerns. Assessment. Before proposing the ONRW designation for a body of water, the Department will analyze the information in the nomination package for completeness and confirmation that the body of water achieves and meets the conditions of the ONRW designation. Requirements for an ONRW. The area nominated for ONRW designation shall be an exceptional biological resource or exceptional recreational resource dependent on exceptional biological resources. The exceptional biological resource shall be dependent on maintaining high or pristine water quality or special conditions of existing water quality, such as a bog, which can best be assured protection by no new or increased discharge. To be designated an Outstanding National Resource Water, the area shall be wholly within a permanently protected area. If the area nominated for ONRW designation has high water quality but does not have exceptional biological resources, it will be protected against degradation under Regulation .04 of this chapter. Protection for Upstream Areas that Feed the ONRW Water Body. In determining whether to designate a body of water as ONRW, the Department may consider whether the watershed upstream of the proposed ONRW area has protections in place that are consistent with the maintenance and protection of biological resources in the ONRW segment. These protections can include, but are not limited to: A county comprehensive plan or other plan that designates the upstream watershed as a “no growth area”; or An easement or other legal instrument that protects and maintains the existing land use. Endangered Species. If a nomination is based on a federally threatened or endangered wholly aquatic species, the Department may, but is not required to, designate a water body as an ONRW without requiring protected status. Although the presence of an endangered species may be an indication of a special biological resource, the primary protection for endangered species is provided by the Maryland Nongame and Endangered Species Conservation Act, Natural Resources Article, Title 10, Subtitle 2A, Annotated Code of Maryland, and the Federal Endangered Species Act. If an ONRW is approved for a body of water that is not in a protected status, any regulated activities in the watershed which would adversely impact the aquatic threatened or endangered species population, or impair the habitat required by the species, will require the maximum practical application of best management practices and implementation of antidegradation policies by the Department. The implementation requirements set forth in §I of this regulation also apply. Designation of an Area as an ONRW. The Department may designate an area as an ONRW if: 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. Notice to property owners shall be based on property and tax records in the affected jurisdictions. Public Involvement. The Department shall provide public notice and opportunity for a public informational hearing on the proposed designation of an ONRW before that designation is made. Local jurisdictions shall have 60 days after notification of the nomination to comment on the consistency of the nomination with the locality's comprehensive plan. Implementation. A wastewater or industrial discharge NPDES permit that would allow a new discharge or an increase in an individual discharge may be issued within an ONRW only if there is mitigation or offsets elsewhere in the ONRW segment that result in no net increase in any substance which might impact or impair the ONRW values for which the body of water was nominated. A water quality certification may permit an impact only if: 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. Sources of pollution may be allowed by the Department for temporary degradation if, after a minimal period of time (weeks to months), the waters are returned or restored to conditions equal to or better than those existing just before the temporary source of pollution. After a public informational hearing, the Secretary may make exceptions to §I(1), (2), and (3) of this regulation to protect critical public health and safety concerns. General. Effluents may be mixed with surface waters in the mixing zone. Effluents may not be treated in the mixing zone. Lethality to passing organisms may not occur in any mixing zone. Surface waters outside the mixing zones shall meet the water quality criteria for that particular body of water. Mixing zones may be designated by the Department provided that the following requirements are met outside the mixing zones: 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. Complete mixing within the mixing zone shall be assumed for toxic substance discharges to streams, rivers, and estuaries unless site-specific information indicates that another mixing pattern is more appropriate. Stream flows other than the design flow values set forth in §§B—E of this regulation may be used, at the Department's discretion, on a case-by-case basis for mixing zones associated with noncontinuous discharges. Toxic pollutants shall be treated as conservative substances when calculating instream waste concentrations. The assumption of conservatism may be waived based on pollutant-specific and site-specific information. Unless a later time is stipulated by the Department, the discharger shall submit to the Department, at the time of permit application, the mixing zone technique preferred for each of its discharges, and actual mixing zone calculations together with supporting documentation. A mixing zone may not cause a significant human health risk, considering likely pathways of human exposure. Except when the applicant can demonstrate to the satisfaction of the Department that adverse aquatic life or human health effect does not occur, overlapping mixing zones are not permitted. Demonstration may include chemical monitoring, ambient toxicity testing, or examination of benthic communities or fish tissue. A mixing zone may not be granted in water body segments with documented occurrences of any endangered or threatened species listed under §4 of the federal Endangered Species Act, if that discharge would likely have an adverse effect on those species. Mixing Zones for Conventional Pollutants. The following requirements apply to the calculation of the regulatory mixing zones for conventional pollutants as identified in the Federal Act: Except for thermal mixing zones established in accordance with COMAR 26.08.03.03—.05 and toxic substance mixing zones established in accordance with §§C—E of this regulation, any mixing zone may not exceed the following maximum limits: 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 The flows used shall be: For freshwater streams and rivers, the design stream flow; and For estuaries and the open ocean, determined from: Specific data, when available, for the mean water level and average tidal velocity and, where appropriate, the design stream flow, Specific data on waste dispersion or dilution, when available for a specific discharge, or Dispersion or dilution studies required at the Department's discretion. Application of Toxic Substance Acute Criteria for the Protection of Aquatic Life. In intermittent streams, the acute criterion shall be applied at the end of the discharge pipe. In other water bodies, achievement of the acute criterion to protect aquatic life shall be provided: Within a very short distance from the outfall using: A high velocity discharge with an initial velocity of 3 meters per second or more, and A mixing zone limited to 50 times the discharge length scale in any direction, where the discharge length scale is defined as the square root of the cross-sectional area of any discharge outlet; Without a high velocity discharge, within a short distance from the outfall using the most restrictive of the following conditions: Meeting the acute toxicity criterion within 10 percent of the distance from the edge of the outfall structure in any direction to the edge of the mixing zone used for application of toxic substance chronic criteria, Meeting the acute toxicity criterion within a distance of 50 times the discharge length scale in any direction, when the discharge length is defined as the square root of the cross-sectional area of any discharge outlet, or Meeting the acute toxicity criterion within a distance of five times the local water depth in any horizontal direction from the discharge outlet, where appropriate; or By demonstration or calculation that a drifting organism may not be exposed to a 1-hour average concentration exceeding the acute aquatic life criterion. For the application of the acute criteria, any mixing zone may not exceed the following maximum limits: 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. The flows used shall be: For freshwater streams and rivers, the design stream flow; and For estuaries and the open ocean, determined from: Specific data, when available, for the mean low water and minimum daily average 1-hour tidal velocity and, when appropriate, the design stream flow, Specific data on waste dispersion or dilution, when available for a specific discharge, or Dispersion or dilution studies required at the Department's discretion. Application of Toxic Substance Chronic Criteria for the Protection of Aquatic Life. Any mixing zone may not exceed the following: 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. The flows used shall be: For freshwater streams and rivers, the 30Q5 value; and For estuaries and the open ocean, determined from: Specific data, when available, for the mean water level and average tidal velocity and, when appropriate, the 30Q5 stream flow, Specific data on waste dispersion or dilution, when available for a specific discharge, or Dispersion or dilution studies required at the Department's discretion. Application of Toxic Substance Criteria for the Protection of Human Health. The flow used to determine impacts to human health shall be the mean annual flow value. New wastewater discharges to intermittent streams are not permitted after the effective date of this regulation except to resolve existing on-site sewage disposal failures when other alternatives are not available. Effluent limitations for discharge to intermittent streams may not be less stringent than: The minimum national effluent guidelines established under the Federal Act; Those levels necessary to maintain the water quality standards of the intermittent stream and of downstream segments; Those levels necessary to protect the biological community of the intermittent stream; or Those levels necessary to protect public health. Procedure. Under State law and §303(c) of the Federal Act, the Department shall review and revise its water quality standards as appropriate. Changes shall be transmitted to the EPA. Hearing Transcripts. Transcripts of public hearings on proposed standards revisions shall be available for public inspection in the main office of the Department. Transcripts shall be furnished to the EPA upon request. All surface waters of this State shall be protected for water contact recreation, fishing, and protection of aquatic life and wildlife. For interstate waters, these classifications apply only to those waters within this State. A stream segment is a distinct portion of a sub-basin. If the stream segment limits are specified as beginning at a specific point, streams terminating downstream of this point are not included in the same segment. For example, “Deer Creek and all tributaries above Eden Mill Dam” does not include Little Deer Creek. General. All geographic coordinates provided within this regulation are expressed in decimal degrees latitude and longitude using the North American Datum of 1983. In this regulation, Maryland's waters are organized by sub-basin. For most Class I, I-P, III, III-P, IV, or IV-P waters, the limits indicate the most downstream boundary point or line for the segment. In some cases, an upstream point and a downstream point are provided to describe those uses that may apply only to a limited segment of a water body. In tidal areas, the segments are defined by polygons defined by three or more points as numbered and expressed in narrative format in column four and defined by latitude and longitude point locations in columns two and three. Any waterbody not specifically listed in the table is a Class I water. Tidal Segmentation Rationale. Water quality standards for the Chesapeake Bay and its tidal tributaries will be assessed on a “Bay Segment” scale. The segmentation is based on decisions made by the Chesapeake Bay Program in 1998 and 2003, and documented in Chesapeake Bay Program Analytical Segmentation Scheme Revisions, Decisions, and Rationales: 1983-2003 (EPA 903-R-04-008) as adjusted by the Chesapeake Bay Program after cussions with the affected State jurisdictions. Tidal Segment Boundaries. When using latitude and longitude to delineate Chesapeake Bay tidal segments, the limits are narrative descriptions that delineate the base points of reference. Chesapeake Bay tidal segments generally follow the shoreline contour at mean low water, and include all major bays, creeks, and branches present within the narrative limits of a given segment. The origin of latitudes and longitudes used for the Chesapeake Bay and its tidal tributaries is NAD83. Application of Chesapeake Bay Segmentation Scheme. The tidal boundaries set forth in this regulation are defined for water quality standards purposes within the Department only, and are not applicable to other agency regulations identified for other purposes. No Grow Zones. Submerged Aquatic Vegetation (SAV) “No-Grow” Zones (NGZ) are present in some shallow water designated use segments. The SAV “No Grow Zones” are identified in Technical Support Document for Identification of Chesapeake Bay Designated Uses and Attainability-2004 Addendum (EPA 903-R-04-006), Figures V-1 to V-12, which is incorporated by reference. The no grow zones shall be excluded from the assessment of the shallow water designated use. Existing Uses. Several of the sub-basins in this regulation contain stream segments that support existing uses that require different water quality than the designated use. These existing uses have been determined in accordance with Regulation .04-1 of this chapter. The existing uses for these stream segments are described both in terms of the existing uses supported (e.g., naturalized reproducing brown trout population) and the water quality currently known to sustain them. For determining effluent limits, closure periods, and other regulatory protection measures, these existing uses and the water quality necessary to maintain them must be protected consistent with Regulation .04-1 of this chapter. These existing uses are maintained and can be accessed on the Department’s website. Sub-Basin 02-12-02: Lower Susquehanna River Area. Sub-Basin 02-13-01: Coastal Area. Sub-Basin 02-13-02: Pocomoke River Area. Sub-Basin 02-13-03: Nanticoke River Area. Sub-Basin 02-13-04: Choptank River Area. Sub-Basin 02-13-05: Chester River Area. Sub-Basin 02-13-06: Elk River Area. Sub-Basin 02-13-07: Bush River Area. Sub-Basin 02-13-08: Gunpowder River Area. Sub-Basin 02-13-09: Patapsco River Area. Sub-Basin 02-13-10: West Chesapeake Bay Area. Sub-Basin 02-13-11: Patuxent River Area. Sub-Basin 02-14-01: Lower Potomac River Area. Sub-Basin 02-14-02: Washington Metropolitan Area. Sub-Basin 02-14-03: Middle Potomac River Area. Sub-Basin 02-14-05: Upper Potomac River Area. Sub-Basin 02-14-10: North Branch Potomac River Area. Sub-Basin 05-02-02: Youghiogheny River Area. Sub-Basin 02-05-03: Conewago Creek. Sub-Basin 02-13-99: Chesapeake Bay (Mainstem). Discharge Approval Required. Any discharge or disposal of waters or wastewaters into the underground waters of the State requires the approval of the Department. The approval, if granted, will contain limitations and requirements deemed necessary by the Department to protect the public health and welfare and to prevent pollution of ground and surface waters. A separate State discharge permit is required for: 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. A separate State discharge permit is not required for: 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. An Underground Injection Permit issued under COMAR 26.08.07 also constitutes a discharge permit under this regulation. The land application of food processing wastewater is exempt from the requirement to obtain a State discharge permit if the wastewater meets the Maryland Department of Agriculture (MDA) State Chemist Office requirements for registration as a soil conditioner, subject to the following conditions and exceptions: 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. (Agency note: A separate State discharge permit is a discharge permit issued to an individual discharger or point source. A general permit is a State discharge permit issued to a class of dischargers pursuant to COMAR 26.08.04.08.) Aquifer Types Identified. For the purpose of controlling the pollution of the ground waters of the State, the Department of the Environment has identified three aquifer types and has established standards for ground water quality, as follows: Type I aquifer means an aquifer having a transmissivity greater than 1,000 gallons/day/foot and a permeability greater than 100 gallons/day/square foot. In addition, the total dissolved solids concentration for natural water in each aquifer shall be less than 500 milligrams/liter. Type II aquifer means an aquifer having either: 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. Type III aquifer means all aquifers other than Type I and Type II aquifers. Discharge Quality Criteria. The following criteria apply outside of designated mixing zones (for the purpose of this section, the term “mixing zone” means an area or volume established by the Department for the mixing of ambient ground water with waters or wastewaters, or both, discharged as authorized by the Department): For Type I Aquifers. The characteristics or constituents of waters may not exceed primary or secondary standards for drinking water as adopted by the Department of the Environment in COMAR 26.04.01. For Type II Aquifers. The characteristics or constituents of waters after treatment by commercially available home water treatment or softening systems may not exceed primary or secondary standards for drinking water, except for total dissolved solids, as adopted by the Department of the Environment in COMAR 26.04.01 and §B(2) of this regulation. For Type III Aquifers. The characteristics or constituents of waters shall be such that they do not meet Type I or Type II quality criteria. Guidelines for Discharge to Ground Waters. Land disposal of municipal wastewater or wastewater with similar characteristics shall follow the Department of the Environment's “Guidelines for Land Application/Reuse of Treated Municipal Wastewaters” MDE-WMA-001-04/10, which is incorporated by reference. Discharges to a ground water aquifer of specific classification may not result in pollution of an aquifer possessing higher quality criteria. Discharges to ground water may not result in degradation of ground waters below the criteria established in §C, outside a mixing zone specified in a State discharge permit, general permit, or other permit issued by the Department of the Environment. Dischargers or potential dischargers to ground waters may be required to monitor ground or surface waters, or both, in a manner and frequency and at locations specified by the Department of the Environment and to periodically submit the results of these activities. As provided in COMAR 26.13.05.18, the underground injection of hazardous wastes is prohibited. General. The Federal Act prohibits the issuance of a federal permit or license to conduct any activity which may result in any discharge to navigable waters unless the applicant provides a certification from this State that the activity does not violate State water quality standards or limitations. This regulation establishes the procedures under which this certification will be issued. Discharges permitted by the Department under the National Pollutant Discharge Elimination System are certified by the Department. Application for a Water Quality Certification. An applicant for certification shall submit to the Department an application which includes: 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: Biological, chemical, thermal or other characteristics of the potential discharge; and The location or locations at which any discharge may enter navigable waters. 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. Discharges to Outstanding National Resource Waters (ONRW) will be certified only if: 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. By agreement with either federal or State agencies in order to facilitate the certification process, the Department may develop a joint application for a federal license or permit and State water quality certification. Public Notice. The Department shall provide public notice of each application for certification. The public notice shall: 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. The public notice may be given by: 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. Determination of Need for Public Hearing. The Department may hold a public hearing before issuing any water quality certification if: The Department determines the activity requiring certification is of broad, general interest; or The application for certification generated substantial public interest as indicated by written comments concerning water quality issues. Issuance of Certification. Certification Issuance. If the Department determines the proposed activities will not cause a violation of applicable State water quality standards, the Department shall issue the water quality certification. Applicant Responsibilities. 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: Obtain the State water quality certification before the conduct of any activity requiring the federal permit; Comply with all conditions of the State water quality certification to assure achievement of State water quality standards. Emergency Procedures. The Department: 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. Procedures for Public Hearing. Notice of Public Hearing. The notice of public hearing shall: 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. Public 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. Final Determination. After the closing date for receipt of written comments and after any public hearing the Department shall: Consider the testimony and other information presented; Prepare a written decision; and Publish the decision in the Maryland Register. Appeal of Final Decision. A person aggrieved by the Department's decision concerning a water quality certification may appeal the decision of the Department. The appeal shall: Be filed within 30 days of the publication of the final decision with the hearing office; and Specify, in writing, the reason why the final determination should be reconsidered. A further appeal shall be in accordance with the applicable provisions of State Government Article, §10-201 et seq., Annotated Code of Maryland. General Certification. The Department may issue a general water quality certification for a class of activities requiring any federal license or permit. A general certification shall authorize all activities that meet the class description. In unique circumstances not considered in the issuance of the general certification, the Department may require issuance of an individual water quality certification for an activity that could be regulated under a general certification. General Certification Issuance and Renewal. If the Department determines to adopt a general certification for a specific class of activities, the Department shall prepare a fact sheet: Describing the class of activities to be included; and Outlining the proposed conditions and limitations of the general certification. Notice of Intent to Adopt General Certification. The Department shall prepare a public notice which includes: A brief description of the general and special conditions which are proposed to be included in the general certification. Provisions for examination by interested parties of the draft permit and other information related to the preliminary determination made by the Department. A request for written comments concerning the general permit and a statement that a public hearing may be held if significant written public comment concerning the application is received by the Department. Instructions for submission of written comments. The deadline specified for the submission of written comments. The deadline shall be at least 30 days from the date of publication of notice in the Maryland Register. The Department shall publish the notice in the Maryland Register. A copy of the notice shall be sent to: Local health officers; Other interested State and local agencies; and Any person requesting to be notified. Public Hearings. A public hearing shall be held and a notice of the public hearing shall be prepared and distributed if: There is significant public comment concerning the tentative determination to issue a general certification; or The Department determines that a public hearing is necessary. 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. Appeal of Final Decision. A person aggrieved by the Department's decision concerning a general water quality certification may appeal the decision of the Department. The appeal shall be in accordance with §F(4) of this regulation. Applicant's Responsibility. General certification of any activity does not relieve the applicant of his responsibility to comply at all times with federal and State laws. General Water Quality Certification (GWQC) for Marsh Creation Projects. Scope of Activity. 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 placement of fill material such as earth or sand; The construction of stone containment structures; The grading of banks; and The planting of Spartina alterniflora, Spartina patens, or other species acceptable to the Department. Certification. A federally permitted marsh creation project which meets the conditions of this GWQC is authorized under §401 of the Clean Water Act (33 U.S.C. 1341 (1987)), provided that other applicable federal, State, and local laws and regulations are satisfied. Design Specifications. 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. Construction Specifications. 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. Applicant's Responsibility. 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. Right of Inspection. 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. General Water Quality Certification (GWQC) for the Installation of Utility Lines. Scope of Activity. 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. Utility lines do not include intake and outfall structures or any pipe and pipeline used to transport any gaseous, liquid, or slurry substance except as associated with natural gas, water, and sewage lines. Blasting, as a construction method, is not authorized by this GWQC. Installation of gas pipe lines larger than 12 inches in diameter is not authorized by this GWQC. Installation. The installation of utility lines includes the following activities: The trenching, jetting, jackhammering, or plowing of wetlands or waterways; The laying of a pipe, cable, or wire; The backfilling of the excavated trench containing the pipe, cable, or wire; The placement of riprap; and The vegetative stabilization of wetland areas which have been disturbed. Certification. A federally permitted utility line installation which meets the conditions of this GWQC is authorized under §401 of the Clean Water Act (33 U.S.C. 1341 (1987)), provided that other applicable federal, State and local laws and regulations are satisfied. Design Specifications. 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. Construction Specifications. 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: Restrict or impede the movement of aquatic species indigenous to the waters; Restrict or impede the passage of normal or expected high flows; Cause the relocation of the water; or Cause the impoundment of water. To protect important aquatic species, in-stream work is prohibited as determined by the use designation of the stream, as follows: Class I and Class I-P Waters. In-stream work may not be conducted during the period March 1 through June 15, inclusive, during any year. Class II Waters. In-stream work may not be conducted during the period June 1 through September 30 or December 16 through March 14, inclusive, during any year. Class III and Class III-P Waters. In-stream work may not be conducted during the period October 1 through April 30, inclusive, during any year. Class IV and Class IV-P Waters. In-stream work may not be conducted during the period March 1 through May 31, inclusive, during any year. 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 plan shall be on site during all phases of construction; Sediment bearing waters may not be discharged to the receiving waterway except as provided in the approved sediment control plan; Discharges of sediment bearing water may not cause violations of the applicable State water quality standards. Applicant's Responsibility. 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. Right of Inspection. 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. Scope of Activity. Definition. “Bulkheads” means the structural stabilization of tidal and nontidal shorelines that are subject to erosion. Exceptions. 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. Bulkhead Construction. The construction of bulkheads includes the following activities: 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. Certification. A federally permitted bulkhead project which meets the conditions of the GWQC is authorized under §401 of the Federal Act provided that other applicable federal, State, and local laws and regulations are satisfied. Design Specifications. The stabilization activity shall 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 an average of 1 cubic yard of material per running foot placed within waters of the State. The project shall be a single and complete project. The project shall be limited to 500 feet in length. Construction Specifications. The vertical structure shall be constructed in its entirety before the discharge of backfill material. Material may not be placed in excess of the minimum needed for erosion protection. Excess material shall be removed to an upland site identified on the plan submitted for the federal permit. 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. Bulkheads shall be placed landward of existing marsh vegetation. An area which contains more than 10 percent vegetated wetlands may not be filled. Where the vertical structure is inundated by 2 feet or greater depths of water at the mean high water tide, stone riprap shall be placed at the toe of the structure to protect the structure from wave and tide action and to prevent the disturbance and transport of sediment to waters of the State, which may occur as a result of the scouring actions of wave and tide. Gabion walls are exempted from this requirement. Only clean material free of waste metal products, organic material, unsightly debris, toxic material, or any other deleterious substance shall be placed as backfill. The applicant shall obtain and comply with a State or locally approved sediment control plan when disturbing or placing greater than 100 cubic yards of earth or backfill. Work in the waterway in spawning areas during spawning seasons of important aquatic species is prohibited. Placement of fill material may not restrict or impede the movement of aquatic species indigenous to the waters, or cause the relocation of the waters. 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 wetlands. Applicant's Responsibility. 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 regulation, or local ordinances; Authorize the beginning of any proposed work in the absence of necessary approvals, licenses, or permits. The applicant shall comply with all conditions of this general certification. Right of Inspection and Department Enforcement. Reliance on this GWQC by the applicant or the applicant's agent constitutes permission to the Department to inspect at any time the operations and records for any project constructed under the authority of this GWQC. An activity is authorized by the GWQC as long as compliance with the conditions of the GWQC is maintained. Upon failure to comply with the conditions of this GWQC, the applicant is required to apply for an individual water quality certification. Legal proceedings may be instituted against an alleged violator in accordance with the provisions of the Environment Article and State Government Article, Annotated Code of Maryland. Scope of Activity. Definition. Riprap revetments are defined as: 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. Exceptions. 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. Construction of Revetments. The construction of revetments includes the following activities: 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. Certification. A federally permitted placement of riprap which meets the conditions of the GWQC is authorized under §401 of the Federal Act, provided that other applicable federal, State, and local laws and regulations are satisfied. Design Specifications. The stabilization activity shall be necessary for the prevention of erosion on tidal or nontidal shorelines. The placement of fill material authorized by the GWQC shall be limited to the minimum needed for erosion protection. The project shall be a single and complete project. Construction Specifications. Material may not be placed in excess of the minimum needed for erosion protection. Excess material shall be removed to an upland site identified on the plan submitted for the federal permit. 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 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. Riprap revetments shall be placed landward of existing marsh vegetation. An area which contains more than 10 percent vegetated wetlands may not be filled. The maximum slope of riprap revetments may not exceed 2:1. The maximum encroachment of riprap revetments may not extend more than 10 feet channelward of the mean high water shoreline. Riprap revetments shall be constructed on a base of filter cloth. The applicant shall obtain and comply with a State or locally approved sediment control plan when disturbing or placing greater than 100 cubic yards of earth or backfill. Work in the waterway in spawning areas during spawning seasons of important aquatic species is prohibited. Placement of fill material may not restrict or impede the movement of aquatic species indigenous to the waters or cause the relocation of the waters. 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 wetlands. Applicant's Responsibility. 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 regulation, 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 shall comply with all conditions of this general certification. Right of Inspection and Department Enforcement. Reliance on this GWQC by the applicant or the applicant's agent constitutes permission to the Department to inspect at any time the operations and records for any project constructed under the authority of this GWQC. An activity is authorized by the GWQC as long as compliance with the conditions of the GWQC is maintained. Upon failure to comply with the conditions of this GWQC, the applicant is required to apply for an individual water quality certification. Legal proceedings may be instituted against the alleged violator in accordance with the provisions of the Environment Article and State Government Article, Annotated Code of Maryland. Environment Article, §§9-303.1, 9-313 — 9-316, 9-319, 9-320 — 9-325, 9-327, and 9-328, Annotated Code of Maryland Effective date: September 1, 1974 (1:1 Md. R. 33) COMAR 10.50.01.02, .04, and .03 recodified to COMAR 26.08.02.01, .03, and.04, respectively Stream Segment Classification Tables codified as Regulation .02 Regulation .01 amended effective April 21, 1978 (5:8 Md. R. 593); July 11, 1980 (7:14 Md. R. 1348); December 3, 1984 (11:24 Md. R. 2070) Regulation .01D amended effective May 24, 1982 (9:10 Md. R. 1022) Regulation .01I amended effective June 6, 1983 (10:11 Md. R. 976); December 19, 1983 (10:25 Md. R. 2269) Regulation .03 amended effective August 3, 1981 (8:15 Md. R. 1308) Regulation .03A and D amended effective December 19, 1983 (10:25 Md. R. 2269) Regulation .04B—E amended effective July 28, 1978 (5:15 Md. R. 1187) Regulation .04 repealed effective July 11, 1980 (7:14 Md. R. 1348) Regulation .04 adopted effective November 18, 1985 (12:23 Md. R. 2220) Chapter revised effective June 27, 1988 (15:13 Md. R. 1556) Regulation .02B amended effective May 1, 1989 (16:8 Md. R. 911); October 30, 1989 (16:21 Md. R. 2263) Regulation .05A amended effective May 1, 1989 (16:8 Md. R. 911) Regulation .07A amended effective May 1, 1989 (16:8 Md. R. 911) Regulation .07G amended effective October 30, 1989 (16:21 Md. R. 2263) Regulation .08A amended effective May 1, 1989 (16:8 Md. R. 911) Regulation .08O amended effective October 30, 1989 (16:21 Md. R. 2263) Regulation .08Q amended effective May 1, 1989 (16:8 Md. R. 911) Regulation .09D amended effective October 30, 1989 (16:21 Md. R. 2263) Regulation .10E amended effective February 19, 1990 (17:3 Md. R. 303) Regulation .11B amended effective February 19, 1990 (17:3 Md. R. 303) Regulation .12 adopted effective February 19, 1990 (17:3 Md. R. 303) Regulation .13 adopted effective February 19, 1990 (17:3 Md. R. 303) Chapter revised effective April 16, 1990 (17:7 Md. R. 854) Regulation .01B amended effective April 26, 2001 (28:2 Md. R. 101); April 28, 2014 (41:8 Md. R. 474) Regulation .02A amended effective April 26, 2001 (28:2 Md. R. 101) Regulation .02B amended effective August 29, 2005 (32:17 Md. R. 1440); April 19, 2010 (37:8 Md. R. 619); April 28, 2014 (41:8 Md. R. 474) Regulation .02-1 adopted effective August 29, 2005 (32:17 Md. R. 1440) Regulation .02-1A amended effective April 28, 2014 (41:8 Md. R. 474) Regulation .02-1F, G amended effective October 31, 2022 (49:22 Md. R. 980) Regulation .03A amended effective January 2, 1995 (21:26 Md. R. 2195) Regulation .03B amended effective June 7, 1993 (20:11 Md. R. 917); July 5, 2004 (31:13 Md. R. 995) Regulation .03-1B amended effective April 9, 2018 (45:7 Md. R. 347) Regulation .03-2 amended effective January 7, 1991 (17:26 Md. R. 2978); June 7, 1993 (20:11 Md. R. 917); March 25, 1996 (23:6 Md. R. 477); April 26, 2001 (28:2 Md. R. 101); April 19, 2010 (37:8 Md. R. 619) Regulation .03-2C amended effective July 5, 2004 (31:13 Md. R. 995) Regulation .03-2D, F amended effective February 5, 2024 (51:2 Md. R. 77) Regulation .03-2G amended effective July 19, 2004 (31:14 Md. R. 1080); November 29, 2010 (37:24 Md. R. 1660); April 28, 2014 (41:8 Md. R. 474); October 31, 2022 (49:22 Md. R. 980); February 5, 2024 (51:2 Md. R. 77) Regulation .03-2H, I amended effective April 28, 2014 (41:8 Md. R. 474); October 31, 2022 (49:22 Md. R. 980) Regulation .03-2I amended effective February 5, 2024 (51:2 Md. R. 77) Regulation .03-3 amended effective July 5, 2004 (31:13 Md. R. 995); August 29, 2005 (32:17 Md. R. 1440); April 28, 2014 (41:8 Md. R. 474) Regulation .03-3A amended effective April 9, 2018 (45:7 Md. R. 347) Regulation .03-3C amended effective April 19, 2010 (37:8 Md. R. 619); November 29, 2010 (37:24 Md. R. 1660); April 2, 2012 (39:6 Md. R. 410); October 31, 2022 (49:22 Md. R. 980) Regulation .03-3E amended effective October 28, 1991 (18:21 Md. R. 2311) Regulation .03-3H adopted effective April 19, 2010 (37:8 Md. R. 619) Regulation .03-4 adopted effective July 19, 2004 (31:14 Md. R. 1081) Regulation .04 amended effective April 26, 2001 (28:2 Md. R. 101); October 31, 2022 (49:22 Md. R. 980) Regulation .04A amended effective April 28, 2014 (41:8 Md. R. 474) Regulation .04C amended effective January 7, 1991 (17:26 Md. R. 2978) Regulation .04-1 repealed and new Regulation .04-1 adopted effective October 31, 2022 (49:22 Md. R. 980) Regulation .04-1 adopted effective February 5, 2001 (28:2 Md. R. 104) Regulation .04-1 recodified to be Regulation .04-2 and new Regulation .04-1 adopted effective July 19, 2004 (31:14 Md. R. 1081) Regulation .04-1D amended effective November 29, 2010 (37:24 Md. R. 1660) Regulation .04-1O amended effective November 29, 2010 (37:24 Md. R. 1660); April 28, 2014 (41:8 Md. R. 474); April 9, 2018 (45:7 Md. R. 347) Regulation .04-2 repealed and new Regulation .04-2 adopted effective October 31, 2022 (49:22 Md. R. 980) Regulation .04-3 adopted effective October 31, 2022 (49:22 Md. R. 980) Regulation .05 amended effective June 7, 1993 (20:11 Md. R. 917) Regulation .05A amended effective July 5, 2004 (31:13 Md. R. 995) Regulation .05B recodified to Regulation .05-1 effective June 7, 1993 (20:11 Md. R. 917) Regulation .05D amended effective January 17, 1994 (21:1 Md. R. 34) Regulation .05-1 amended effective November 29, 2010 (37:24 Md. R. 1660) Regulation .07 amended effective August 29, 2005 (32:17 Md. R. 1441) Regulation .07E amended effective April 28, 2014 (41:8 Md. R. 474) Regulation .07E repealed effective October 31, 2022 (49:22 Md. R. 980) Regulation .07F, G repealed effective April 28, 2014 (41:8 Md. R. 474) Regulation .08 repealed and new Regulation .08 adopted effective August 29, 2005 (32:17 Md. R. 1442) Regulation .08 amended effective April 19, 2010 (37:8 Md. R. 619); April 28, 2014 (41:8 Md. R. 474); April 9, 2018 (45:7 Md. R. 347); October 31, 2022 (49:22 Md. R. 980) Regulation .08H and J amended effective April 13, 1992 (19:7 Md. R. 747) Regulation .08J amended effective January 17, 1994 (21:1 Md. R. 34); October 24, 1994 (21:21 Md. R. 1815); May 22, 1995 (22:10 Md. R. 708); July 5, 2004 (31:13 Md. R. 995) Regulation .08L amended effective November 29, 2010 (37:24 Md. R. 1660) Regulation .08N amended effective October 28, 1991 (18:21 Md. R. 2311); January 17, 1994 (21:1 Md. R. 34); October 24, 1994 (21:21 Md. R. 1815) Regulation .08O amended effective January 17, 1994 (21:1 Md. R. 34); May 22, 1995 (22:10 Md. R. 708) Regulation .08Q amended effective January 17, 1994 (21:1 Md. R. 34); May 22, 1995 (22:10 Md. R. 708) Regulation .09A amended effective October 20, 1997 (24:21 Md. R. 1453); December 22, 2014 (41:25 Md. R. 1486) Regulation .09D amended effective January 19, 2004 (31:1 Md. R. 32); May 3, 2010 (37:9 Md. R. 673) Regulation .10B amended effective February 5, 2001 (28:2 Md. R. 104) Regulation .11B amended effective April 28, 2014 (41:8 Md. R. 474)