Chapter 10. Overflows or Bypasses

In this chapter, the following term has the meaning indicated.

Overflow.

Overflows are prohibited except as allowed under the terms of a discharge permit issued by the Department.

The existence of a discharge permit for a sanitary sewer system or combined sewer system that does not specifically reference the requirements of this chapter does not exclude the owner, operator, or permittee from the requirements of this chapter.

The owner or operator, or both, of any sanitary sewer system, combined sewer system, or wastewater treatment plant shall report to the Department and local health department any overflow that results in the direct or potential discharge of raw, partially treated, or diluted sewage into waters of the State.

The owner of a separate sanitary sewer system, pumping station, or grease trap that is connected to a public sewer system is responsible for providing reports required by this chapter.

Reports required by this chapter shall be made by telephone as soon as practicable to the telephone number or numbers designated by the Department, but not later than 24 hours after the time that the owner or operator becomes aware of the event.

The location of the overflow, including latitude and longitude if reasonably available, Maryland Grid Coordinates or nearest street and intersection, city or town, and county;

The name of the owner and operator of the sanitary sewer system or treatment plant;

The name of the receiving water, if applicable, and if known, whether the receiving water is designated as shellfish waters or for a public drinking water supply;

The volume discharged based on actual measurement or as an estimate using best professional judgment;

A description of the combined sewer system, separate sanitary sewer system or treatment plant component from which the overflow was released, such as manhole, crack in pipe, pumping station wet well or constructed overflow pipe;

Whether the overflow is from a combined sewer system, a separate sanitary sewer system, or a treatment plant bypass;

A detailed description of visual observations and preliminary assessment of the overflow's actual or potential impact upon waters of the State;

The cause or suspected cause of the overflow;

The date and time when the overflow began and stopped or, if not stopped, the date and time the overflow is expected to be stopped;

The steps taken or planned to reduce, eliminate, and prevent recurrence of the overflow and a time schedule for completion of the steps;

Measures taken or planned to mitigate the adverse impact of the overflow and a time schedule for implementation of the measures; and

Whether the public has been notified, who performed the notification, the media used, and the content of the message.

Within 5 calendar days after the telephone notification of the event, the owner or operator shall provide the Department and local health department with a written report that includes, at a minimum, the information in Regulation .04 of this chapter unless the Department waives the requirement for submission of a written report due to the small volume of the overflow. The written report shall be directed to the mailing address specified by the Department.

The owner or operator of the sanitary sewer system, combined sewer system, or wastewater treatment plant or a duly authorized representative shall sign any written report. A person is a duly authorized representative only if the owner or operator has signed and submitted a written authorization to the Department specifying that the person or the person holding a specified position is authorized to sign sewage overflow reports. The written authorization shall be directed to the mailing address specified by the Department.

Maintain copies of all overflow records and reports, including:

Make this information available to the Department for review upon request.

Unless advised by the Maryland Department of Health, local health department, or environmental health director on a case by case basis that public notification is not necessary, the owner or operator shall notify the public as soon as practicable, but not later than 24 hours after the time that the owner or operator becomes aware of the event, about:

Public notification shall be made as soon as practicable, but not later than 24 hours after the time that the owner or operator becomes aware of the event and shall be made:

In addition to the public notification requirement based on the criteria in §B(1) of this regulation, if the overflow's total volume at the time of completed repair as measured or estimated using best professional judgment is 10,000 gallons or more, the owner or operator shall notify the public by:

The public advisory shall remain in effect until the Maryland Department of Health, local health department, environmental health director, or a designee determines that sampling data for the receiving water shows return to normal or prior background levels.

If the overflow's total volume at the time of completed repair as measured or estimated using best professional judgment is less than 10,000 gallons, and the Maryland Department of Health, local health department, environmental health director, or their designee determines that none of the factors listed in §B(1) and (2) of this regulation apply, the general public notification may be in the form of information provided in quarterly or annual reports, reports of incidents included with water bills, or information about incidents available on a web site in conjunction with a written notification. The information shall:

Any public notification shall state:

The Maryland Department of Health, the local health officer, or the local environmental health director shall make all decisions and determinations as to public health issues resulting from an overflow.

The Maryland Department of Health, the local health officer, or the local environmental health director may require that reports to the public concerning an overflow include specific information regarding public health.

Signs posted following an overflow may be removed only as directed by the Maryland Department of Health, the local health department, or the local environmental health director.

The owner or operator shall make any local policies or procedures related to the requirements of this chapter available to the public upon request.

The owner or operator shall perform sampling of State surface waters that have received an overflow as directed and under the guidance of the Maryland Department of Health, the local health department, or the local environmental health director. The owner or operator shall have samples tested for fecal coliform, Escherichia coli (E. coli), Enterococci, or any other specific organism as directed by the Maryland Department of Health, the local health department, or the local environmental health director.

The owner or operator shall provide data collected after an overflow or bypass event and information about any permanent postings or health advisories to the Department within 14 days of the event. Reports of bacterial analysis shall include the dates the samples were taken, the latitude and longitude of the sampling location or Maryland Grid Coordinates if the latitude and longitude are not known, quantitative results, the name and address of the laboratory that performed the analysis, and any additional data that the Department may require. If a permanent posting or health advisory results from the monitoring, information shall be provided to the Department regarding the name and location of the receiving waters and the latitude and longitudes or Maryland Grid Coordinates of the upstream and downstream boundaries of the area to which the advisory applies, and a contact name.