Chapter 09. Public Bathing Beaches

In this chapter, the following terms have the meanings indicated.

Terms Defined.

An owner or operator shall submit an application for a permit to operate a permitted beach to the approving authority for approval 30 days before the planned opening of the permitted beach.

Plans.

When a permitted beach has had no change in the facilities which would require a change in the previously approved, existing plans for the permitted beach, the approving authority, upon the request of the applicant, may approve the existing plans.

An owner or operator may not operate or permit the use of a permitted beach without obtaining a written permit from the approving authority.

The beach shall be served by public sewerage or an approved sewage disposal system. An operating permit may not be issued until a sanitary survey conducted by the approving authority has demonstrated that the beach does not represent a public health risk.

A permittee shall comply with all:

A permit is not valid for more than 1 year and expires not later than December 31st of the year of the issuance of the permit.

Operating permits shall be posted conspicuously at a beach.

A permit may be suspended or revoked for failure to comply with this regulation. A revoked permit shall be removed and a copy of the revocation notice shall be posted by the owner or operator of the beach.

Toilet facilities shall be provided in accordance with applicable local plumbing codes.

The beach shall be served by public sewerage or an approved sewage disposal system. Sewage disposal systems shall comply with COMAR 26.04.02 and COMAR 26.04.03 and all applicable local ordinances.

Plans for a sewage disposal system to be constructed at any beach shall first be submitted to, and receive the written approval of, the approving authority.

The permittee shall provide adequate containers for the disposal of refuse, trash, and garbage.

A sanitary survey shall be performed by the approving authority before a beach is permitted to open.

The sanitary quality of a beach is acceptable for use when the sanitary survey discloses that there is no public health risk.

The sanitary survey shall evaluate potential sources of pollution which include, but are not limited to:

Two or more sampling events shall be performed and completed during the 30-day period before the opening of a beach for public use.

An operating permit may be issued if a sanitary survey reveals no dangerous sources of pollution and if the microbiological samples collected during the sanitary survey satisfy the Beach Action Value (BAV).

When results of the samples show an exceedance of the BAV, a permit may be issued only if it is further determined by the approving authority, after additional sampling and analysis, that the bathing water poses no significant health risk to the bathers.

The approving authority shall periodically sample the bathing waters under permit for microbiological quality. Sampling shall be consistent with Regulation .07 of this chapter. All permitted beaches are considered Tier I and shall be monitored at least weekly unless a justification for lower priority is provided by the approving authority. The approving authority may order restrictions, including suspension of the permit and closing of the bathing water to use, as necessary, when the results of the bacterial indicator density exceed the BAV. A permit may be reinstated when the bacterial indicator densities return to acceptable limits.

When an emergency health hazard is caused by any dangerous contaminant or condition, the approving authority or the Department may immediately order summarily the suspension of the operating permit and promptly shall provide the permittee written notice of the suspension, the finding and the reasons that support the finding, and an opportunity to be heard.

Prioritization for Monitoring. The approving authority shall maintain a list of all beaches. The monitoring priority for each area shall be based on frequency and nature of use, proximity of pollution sources, and effects of storm events on the waters. The approving authority shall identify each beach as Tier 1 (High Priority), Tier 2 (Medium Priority), or Tier 3 (Low Priority) and provide appropriate public notification.

Bacteriological Monitoring.

When results of the samples show an indicator organism density that exceeds the Beach Action Value, the Approving Authority shall issue a public notification unless there is reason to doubt the accuracy or certainty of the first sample. The approving authority shall then promptly resample and, if standards are being exceeded, prompt public notification of the advisory or closure if required. If a known pollution source exists, such as combined sewer overflow, failing sewer infrastructure, wastewater treatment discharge, or other source, the approving authority shall close the beach and provide prompt public notification of the closing.

The beach may be opened or the advisory lifted only after subsequent bacteriological sampling results in indicator densities that satisfy the Beach Action Value.

When an emergency health hazard is caused by any dangerous contaminant or condition, the Approving Authority or the Department may immediately order the beach closed and summarily suspend the operating permit (for permitted beaches) and shall promptly provide the permittee written notice of the suspension, the finding and the reasons that support the finding, and an opportunity to be heard. Public notification procedures shall be implemented.