In this chapter, the following term has the meaning indicated. Overflow. “Overflow” means any loss of wastewater or discharge from a sanitary sewer system, combined sewer system, or wastewater treatment plant bypass which results in the direct or potential discharge of raw, partially treated or diluted sewage into waters of the State as defined in Environment Article, §9-101(l), Annotated Code of Maryland. “Overflow” includes, but is not limited to, any overflow or discharge of raw or diluted sewage onto the surface of the ground, into waterways, storm drains, ditches or other manmade or natural drainage conveyances to surface or ground waters. “Overflow” does not include: An overflow or discharge of 50 gallons or less to the ground that are cleaned up within 1 hour of its occurrence; and An overflow or discharge to impervious surfaces that are effectively contained and cleaned up so that there is no direct or potential pollution of waters of the State as a result of the overflow or discharge. 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. Telephone reports shall include: 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. The owner or operator shall, for at least 5 years from the date of the overflow or backup: Maintain copies of all overflow records and reports, including: Any backups of sewage into houses or businesses; Work orders associated with investigation of overflows; A list and description of complaints from customers or others related to overflows; and Documentation of performance and implementation measures to address overflows; and Make this information available to the Department for review upon request. The owner or operator shall coordinate with the local health officer or environmental health director regarding the content of reports to the public about overflows in accordance with the procedures developed by the Department, in cooperation with the Maryland Department of Health, local health departments, and local environmental health directors. 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: Any overflow that enters: Shellfish harvesting waters; Waters protected as drinking water sources; Waters used as public bathing beaches where people may swim; or Waters used for public recreation where people may boat, fish, or swim; and Any situation where the Maryland Department of Health, local health department, or environmental health director has reason to believe is a public health risk. 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: By a public service announcement or paid advertising in a daily newspaper, radio station, or television station serving the immediate area where the overflow occurred and any other areas where the overflow is likely to have an adverse impact; and By posting affected areas, if the Maryland Department of Health, local health department, environmental health director, or a designee determines that: There is an immediate threat of human contact with contaminated water or ground where the overflow occurred; The size and flow rate of the water body into which the discharge entered are such that the discharge constitutes a significant portion of the flow; The potential for dilution and dispersal of the overflow into the receiving waters is minimal due to the season of the year, the period of time of the actual discharge, or the receiving water already being listed as impaired due to nonattainment of State bacteriological water quality standards; or The concentration of the effluent increases the risk to public health. 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: A public service announcement or paid advertising in a daily newspaper, radio station, or television station serving the immediate area where the overflow occurred and any other areas where the overflow is likely to have an adverse impact; and Posting affected areas, unless advised by the Maryland Department of Health, local health department, or environmental health director that public notification is not necessary. 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: State that due to various causes, such as accidents and equipment failures, the specific sewer system experienced occasional sewage overflows; State the time period being reported; State the number of overflows that occurred; State the total number of gallons released; Advise the public in areas that are posted to avoid contact with the water or other water contact activities; and Advise that for larger overflows with potential environmental or human health impacts the public is notified through the media and, if appropriate, by posting signs. Any public notification shall state: The approximate number of gallons of overflow; When the overflow occurred; Where the overflow occurred; The name of the receiving water; That swimming or other direct contact should be avoided in the receiving water from a specific point upstream to a specific point downstream until a specific date that is to be determined by the Maryland Department of Health, local health department, or environmental health director; and A telephone number for additional information. If there are schools, day care centers, hospitals, or similar establishments or locations with potentially sensitive populations that may be subject to exposure in the immediate area of the overflow, the owner or operator of the system or plant or a representative shall personally notify each establishment of the overflow as soon as possible. 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. Environment Article, §9-331.1, Annotated Code of Maryland Effective date: March 28, 2005 (32:6 Md. R. 636)