Title 26 — Subtitle 17. Water Management

“Administration” means the Water Management Administration.

“Agricultural land management practices” means those methods and procedures used in the cultivation of land in order to further crop and livestock production, and conservation of related soil and water resources. Logging and timber removal operations may not be considered a part of this definition.

“Approval authority” means the soil conservation district, municipal corporation, specified agency, Commission, or the Administration that is authorized by or pursuant to Environment Article, §4-105, Annotated Code of Maryland, to review and approve erosion and sediment control plans for the given jurisdiction.

“Clear” means any activity which removes the vegetative cover while leaving the root mat intact.

“Commission” means the Washington Suburban Sanitary Commission.

“Department” means the Department of the Environment.

“Erosion” means the process by which the land surface is worn away by the action of wind, water, ice, or gravity.

“Erosion and sediment control plan” means an erosion and sediment control strategy or plan designed to minimize erosion and prevent off-site sedimentation, in accordance with the requirements of the approval authority and the handbook “ 2011 Maryland Standards and Specifications for Soil Erosion and Sediment Control,” which is incorporated by reference in Regulation .11 of this chapter.

“Erosion and Sediment Control Program” means any program administered by a State unit, county, municipality, or the Commission under an erosion and sediment control ordinance or regulations approved by the Administration, which provides for erosion and sediment control plan review, permit issuance, site inspection, and enforcement activity in accordance with the requirements of these regulations.

“Federal project” means any project that requires an erosion and sediment control plan in accordance with Regulation .05 of this chapter undertaken by a federal unit .

“Federal unit” means any federal agency that intends to or does clear, grade, transport, or otherwise disturb the land or soil surface in the course of its activities.

“Grade” means to cause the disturbance of the earth. This includes but is not limited to any excavating, filling, stockpiling of earth materials, grubbing, or root mat or top soil disturbance.

“Grading unit” means the maximum contiguous area allowed to be graded at a given time.

“Highly erodible soils” means those soils with a slope greater than 15 percent or those soils with a soil erodability factor, K, greater than 0.35 and with slopes greater than 5 percent.

“Owner/developer” means a person undertaking, or for whose benefit, activities covered by the Sediment Control Subtitle, or regulations promulgated under it, are carried on. General contractors or subcontractors, or both, without a proprietary interest in a project are not included within this definition.

“Person” includes the federal government, the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any of their affiliates, or any other entity.

“Pollution” means the contamination or other alteration of the physical, chemical, or biological properties of any waters of the State, including change in temperature, taste, color, turbidity, or odor of the waters, or the discharge or deposit of any organic matter, harmful organisms, liquid, gaseous, solid, radioactive, or other substance into any waters of the State that will render the waters harmful, detrimental, or injurious to:

“Professional architect” means an architect duly registered by the State to practice architecture in accordance with the provisions of Business Occupations and Professions Article, Title 3, Annotated Code of Maryland.

“Professional engineer” means an engineer duly registered by the State to practice engineering in accordance with the provisions of Business Occupations and Professions Article, Title 14, Annotated Code of Maryland.

“Professional forester” means a forester duly registered by the State to practice forestry in accordance with the provisions of Business Occupations and Professions Article, Title 7, Annotated Code of Maryland.

“Professional landscape architect” means a landscape architect duly registered by the State to practice landscape architecture in accordance with the provisions of Business Occupations and Professions Article, Title 9, Annotated Code of Maryland.

“Professional land surveyor” means a land surveyor duly registered by the State to practice land surveying in accordance with the provisions of Business Occupations and Professions Article, Title 15, Annotated Code of Maryland.

“Responsible personnel” means any foreman, superintendent, or project engineer who is in charge of on-site clearing and grading operations or the implementation and maintenance of an erosion and sediment control plan.

“Secretary” means the Secretary of the Environment or designee.

“Sediment” means soils or other surficial materials transported or deposited by the action of wind, water, ice, gravity, or artificial means.

“Sediment Control Subtitle” means Environment Article, Title 4, Subtitle 1, Annotated Code of Maryland.

“State project” means any project that requires an erosion and sediment control plan in accordance with Regulation .05 of this chapter undertaken by a State unit.

“State unit” means any State agency that intends to or does clear, grade, transport, or otherwise disturb the land or soil surface in the course of its activities.

“Training program” means an Administration approved educational program for training responsible personnel to:

“Waters of the State” includes:

Establishment of policies, procedures, standards, and criteria relating to erosion and sediment control;

The review and approval of:

Inspection and enforcement in accordance with this chapter; and

Determinations on the delegation of enforcement authority in accordance with Regulation .03 of this chapter.

The Administration shall periodically conduct a comprehensive review and evaluation to ensure the acceptability of all erosion and sediment control programs operating under the Sediment Control Subtitle and this chapter.

In conducting the review and evaluation of erosion and sediment control programs, the Administration will use the following guidelines for determining the acceptability of the program:

Upon completion of this review and evaluation, the Administration shall submit the findings of the review and evaluation to the appropriate authority.

This chapter;

An approved erosion control ordinance;

Approved erosion and sediment control regulations; and

Approved erosion and sediment control plans.

The Secretary shall grant delegation of enforcement authority to a county, a municipality, or the Commission which seeks delegation and is found capable of enforcing compliance with the provisions of Regulation .09 of this chapter.

A county, a municipality, or the Commission seeking or renewing delegation of enforcement authority shall submit a written request to the Secretary on or before October 1 immediately preceding the State fiscal year for which delegation or renewal of delegation is sought.

The Secretary shall make a determination in writing regarding a delegation request on or before January 1 immediately preceding the State fiscal year for which delegation is sought.

If delegation is granted, it is effective July 1 of that calendar year and for not more than 2 years, unless renewed by the Secretary.

The Secretary may suspend delegation if a program falls below the standard of effectiveness established in Regulation .09 of this chapter. During a period of suspension, the Department shall enforce compliance in the jurisdiction.

An erosion and sediment control plan must be approved by the Commission before the issuance of a permit; and

The Commission shall have the primary responsibility for inspection and enforcement of utility construction, if delegation of enforcement authority is granted to the Commission.

Scope of activities requiring grading and building permits and erosion and sediment control plans;

Permit and plan requirements including application procedure, plan design requirements, and time limitations;

Procedures to ensure that a required erosion and sediment control plan is approved by the appropriate approval authority prior to the issuance of a building or grading permit;

Specific inspection and enforcement procedures and options available to ensure compliance with an approved erosion and sediment control plan, if the Administration has granted delegation of enforcement authority;

Right of entry for inspection and enforcement activities associated with an approved erosion and sediment control plan; and

Stabilization requirements in accordance with the provisions of Regulation .07 of this chapter, which are to be binding regardless of whether an approved erosion and sediment control plan has been issued.

Agricultural land management practices and agricultural best management practices, including those regulated under COMAR 26.17.03; and

Grading activities that disturb less than 5,000 square feet of land area and disturb less than 100 cubic yards of earth.

The Administration shall require certification of responsible personnel as established by the Sediment Control Subtitle and in accordance with this regulation.

Certification is obtained by completing an Administration-approved training program.

Certification is valid for 3 years and is automatically renewed unless the Administration notifies the certificate holder that additional training is required.

After July 1, 1983, responsible personnel may receive interim certification prior to the completion of a training program by submitting a request to the Administration.

Interim certification will be valid until the scheduled date of attendance at a training program.

The Administration may approve training programs other than those developed by the Administration. Unless otherwise approved by the Administration, an acceptable training program shall include the following:

An instructor of a training program shall have a knowledge of the principles of:

An instructor of a training program shall submit the following information to the Administration:

Responsible personnel who complete an Administration-approved training program receive a Certificate of Training card with a certification number.

A letter of transmittal or application;

Name, address, and telephone number of:

A vicinity map indicating north arrow, scale, and other information necessary to easily locate the property;

The location of natural resource areas and sensitive areas such as wetlands, floodplains, highly erodible soils, steep slopes, and any other areas required on a concept plan as described in COMAR 26.17.02;

A general description of the predominant soil types on the site, as described by the appropriate soil survey information available through the soil conservation district from the USDA Natural Resources Soil Conservation Service;

An erosion and sediment control plan including the following, unless otherwise noted in this chapter:

Any additional information or data deemed appropriate by the approval authority.

An approval authority may adopt a standard erosion and sediment control plan for minor grading, earth disturbance, and construction activities, such as a single-family residence, small commercial and other similar building sites, minor maintenance grading, and minor utility construction.

A standard erosion and sediment control plan must be consistent with the appropriate county or municipal erosion and sediment control ordinance, the Commission’s erosion and sediment control regulations, and this chapter.

The Administration shall review and approve a standard plan prior to adoption.

The following is to be considered during the Administration’s review and approval:

The Administration shall conduct the review of the standard plan in a timely manner and notify the approval authority in writing of the Administration’s findings.

The approval authority shall review and approve an erosion and sediment control plan in accordance with the criteria contained in the “2011 Maryland Standards and Specifications for Soil Erosion and Sediment Control.”

The approval authority shall assess the adequacy of the proposed erosion and sediment control measures to minimize erosion and keep sediment on site.

When appropriate, an on-site evaluation shall be conducted as part of the review process in order to provide proper consideration of existing conditions and proposed control measures.

A nuisance or dangerous condition;

Sediment pollution; or

Adverse impacts to public safety and welfare.

An owner/developer has not complied with the provisions of an outstanding order; or

There is a violation of the terms of an existing:

Approved plans will be stamped approved;

The Administration shall send a letter of approval to the owner/developer; and

A copy of the approved plan will be kept by the Administration.

Approved erosion and sediment control plans remain valid for 3 years from the date of approval, except surface mines and landfill plans, which remain valid for 5 years from the date of approval.

Erosion and sediment control plan approvals may be extended or renewed by the approval authority.

This chapter applies to all projects that do not have final approval for erosion and sediment control plans by January 9, 2013.

A plan that has received final approval by January 9, 2013 may be reapproved under its existing conditions if grading activities have begun on the site by January 9, 2015, with the exception of stabilization requirements.

Stabilization practices on all projects must be in compliance with the requirements of this chapter by January 9, 2013, regardless of when an erosion and sediment control plan was approved.

Ensure that an approved erosion and sediment control plan and permits are on the site as required;

Conduct a complete inspection of the site unless otherwise indicated;

Prepare a written inspection report that includes:

Notify the on-site personnel and the owner/developer in writing when violations are observed, describing the:

The appropriate enforcement authority shall accept and investigate complaints regarding erosion and sediment control concerns from any interested party and:

The Administration may investigate complaints received and take appropriate action or refer complaints received to the appropriate enforcement authority.

The Administration shall notify the appropriate enforcement authority in a timely manner when investigating a complaint in a delegated jurisdiction.

Modifications to an approved erosion and sediment control plan may be requested by the owner/developer or required by the appropriate approval or enforcement authority.

Modifications must be made in accordance with the erosion and sediment control criteria contained in the “2011 Maryland Standards and Specifications for Soil Erosion and Sediment Control” and the criteria for major and minor modifications.

Major Modifications.

Minor Modifications

The appropriate enforcement authority shall, through the authority of an erosion and sediment control ordinance or regulations, this chapter, and the Sediment Control Subtitle, use enforcement action when erosion and sediment control violations occur.

Enforcement actions may include, but are not limited to:

In addition to any other sanctions, a person in violation of any provision of the Sediment Control Subtitle or this chapter is subject to civil action or criminal prosecution as deemed necessary.

Any step in the enforcement process may be taken at any time, depending upon the severity of the violation.

The appropriate enforcement authority shall stop work on a site where grading is occurring without a required erosion and sediment control plan.

The approval authority may suspend approval of an erosion and sediment control plan.

When an erosion and sediment control plan is suspended:

The 2000 Maryland Stormwater Design Manual, Volumes I & II (Maryland Department of the Environment, April 2000), Supplement 1, is incorporated by reference by the Administration and shall serve as the official guide for stormwater management principles, methods, and practices.

USDA Natural Resources Conservation Service Maryland Conservation Practice Standard Pond Code 378 (January 2000).

40 CFR §122.26(b)(14)(i)—(xi).

Administrative Waiver.

Approval.

Final Project Approval.

“Preliminary project approval” means an approval as part of a local preliminary development or planning review process that includes, at a minimum:

Except as provided for in §D of this regulation, an administrative waiver shall expire on:

All construction authorized pursuant to an administrative waiver must be completed by May 4, 2017, or, if the waiver is extended as provided in §D of this regulation, by the expiration date of the waiver extension.

Except as provided in §D(2) of this regulation, an administrative waiver shall not be extended.

An administrative waiver may only be extended if, by May 4, 2010, the development:

Administrative waivers extended according to §D(2) of this regulation shall expire when the Development Rights and Responsibilities Agreement, the Tax Increment Financing approval, or the Annexation Agreement expires.

“Administration” means the Water Management Administration.

“Agricultural land management practices” means those methods and procedures used in the cultivation of land in order to further crop and livestock production and conservation of related soil and water resources.

“Approving agency” means the entity responsible for review and approval of stormwater management plans.

“Aquifer” means a porous water-bearing geologic formation generally restricted to materials capable of yielding an appreciable supply of water.

“Best management practice (BMP)” means a structural device or nonstructural practice designed to temporarily store or treat stormwater runoff in order to mitigate flooding, reduce pollution, and provide other amenities.

“Channel protection storage volume” means the volume used to design structural management practices to control stream channel erosion. Methods for calculating the channel protection storage volume are specified in the 2000 Maryland Stormwater Design Manual, Volumes I & II.

“Concept plan” means the first of three required plan approvals that includes the information necessary to allow an initial evaluation of a proposed project.

“Department” means the Department of the Environment.

“Design Manual” means the 2000 Maryland Stormwater Design Manual, Volumes I & II, that serves as the official guide for stormwater management principles, methods, and practices.

“Detention structure” means a permanent structure for the temporary storage of runoff which is designed so as not to create a permanent pool of water.

“Develop land” means to change the runoff characteristics of a parcel of land in conjunction with residential, commercial, industrial, or institutional construction or alteration.

“Direct discharge” means the concentrated release of stormwater to tidal waters or vegetated tidal wetlands from new development or redevelopment projects in the Critical Area.

“Direct runoff” means the flow of rainwater, snowmelt, or spring flow over the land surface toward stream channels.

“Drainage area” means that area contributing runoff to a single point measured in a horizontal plane, which is enclosed by a ridge line.

Environmental Site Design.

“Extended detention” means a stormwater design feature that provides gradual release of a volume of water in order to increase settling of pollutants and protect downstream channels from frequent storm events. Methods for designing extended detention BMPs are specified in the Design Manual.

“Extreme flood volume” means the storage volume required to control those infrequent but large storm events in which overbank flows reach or exceed the boundaries of the 100-year floodplain.

“Final stormwater management plan” means the last of three required plan approvals that includes the information necessary to allow all approvals and permits to be issued by the appropriate authority.

“Flow attenuation” means prolonging the flow time of runoff to reduce the peak discharge.

“Impervious area” means any surface that does not allow stormwater to infiltrate into the ground.

“Infiltration” means the passage or movement of water into the soil surface.

“Maximum extent practicable (MEP)” means designing stormwater management systems so that all reasonable opportunities for using ESD planning techniques and treatment practices are exhausted and, only where absolutely necessary, a structural BMP is implemented.

“Off-site stormwater management” means the design and construction of a facility necessary to control stormwater from more than one development.

“On-site stormwater management” means the design and construction of systems necessary to control stormwater within an immediate development.

“Overbank flood protection volume” means the volume controlled by structural practices to prevent an increase in the frequency of out-of-bank flooding generated by development. Methods for calculating the overbank flood protection volume are specified in the Design Manual.

“Person” means the federal government, the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity.

“Planning techniques” means a combination of strategies employed early in project design to reduce impact from development and to incorporate natural features into a stormwater management plan.

“Recharge volume” means that portion of the water quality volume used to maintain ground water recharge rates at development sites. Methods for calculating the recharge volume are specified in the Design Manual.

“Redevelopment” means any construction, alteration, or improvement performed on sites where existing land use is commercial, industrial, institutional, or multifamily residential and the existing site impervious area exceeds 40 percent.

“Retention structure” means a permanent structure that provides for the storage of runoff by means of a permanent pool of water.

“Retrofitting” means the construction of a structural BMP in a previously developed area, the modification of an existing structural BMP, or the implementation of a nonstructural practice to improve water quality over current conditions.

“Sediment” means soils or other surficial materials transported or deposited by the action of wind, water, ice, or gravity as a product of erosion.

“Site” means any tract, lot, parcel of land, or combination of tracts, lots, parcels of land that are in one ownership, or are contiguous and in diverse ownership where development is to be performed as part of a unit, subdivision, or project.

“Site development plan” means the second of three required plan approvals that includes the information necessary to allow a detailed evaluation of a proposed project.

“Stormwater” means water that originates from a precipitation event.

“Stormwater management” means, for:

“Stormwater Management Subtitle” means Environment Article, Title 4, Subtitle 2, Annotated Code of Maryland and cumulative supplement.

“Stormwater management system” means natural areas, ESD practices, stormwater management measures, and any other structure through which stormwater flows, infiltrates, or discharges from a site.

“Water quality volume” means the volume needed to capture and treat 90 percent of the average annual runoff volume at a development site. Methods for calculating the water quality volume are specified in the Design Manual.

“Watershed” means the total drainage area contributing runoff to a single point.

Establishing policies, procedures, standards, model ordinances, and criteria relating to stormwater management;

Reviewing and approving:

Inspecting and enforcing stormwater management on all State and federal construction projects which shall be subject to the requirements of this chapter;

Inspection and enforcement in conjunction with local governmental authorities;

Developing guidelines and regulations;

Assisting local jurisdictions with improving and maintaining their technical capabilities regarding:

Training assistance to local jurisdictions for construction and maintenance inspections of stormwater management systems;

Developing public educational programs; and

Evaluating the effectiveness of stormwater control measures in eliminating adverse stream quality impacts.

Initially, and at least once every 3 years after that, the Administration shall inspect and review the stormwater management programs of the counties and municipalities and evaluate the effectiveness of the programs.

To be found acceptable, a stormwater management program shall have:

Upon completion of its review and evaluation, the Administration shall submit the findings within 30 days to the appropriate governing authority. The Administration shall also publish the results of the periodic reviews in one document and conduct a public informational meeting concerning the reviews.

Issue an order requiring that necessary corrective action be taken within a reasonably prescribed time; or

Impose other sanctions as authorized by law.

A comprehensive stormwater management plan review and approval process that:

Exemptions and waivers;

Criteria and procedures for stormwater management;

Proper implementation of stormwater management in accordance with the approved plan;

Maintenance responsibilities and requirements including periodic inspection; and

Penalties for noncompliance with the ordinances including suspension of construction activities when appropriate.

The Stormwater Management Subtitle;

This chapter;

The county or municipal ordinance.

The Design Manual for new development; and

Policies established by the local approving agency for redevelopment.

Additions or modifications to existing single family detached residential structures if they comply with §B(2) of this regulation;

Any developments that do not disturb over 5,000 square feet of land area; and

Land development activities which the Administration determines will be regulated under specific State laws which provide for managing stormwater runoff.

County and municipal ordinances may contain waiver policies for individual developments if the ordinances are approved by the Administration. The Administration will approve county and municipal ordinances and waiver policies if:

Except as provided in §C(3) and (5) of this regulation, stormwater management quantitative control waivers shall be granted only to those projects within areas where watershed management plans have been developed consistent with §E of this regulation.

Except as provided in §C(5) of this regulation, if watershed management plans consistent with §E of this regulation have not been developed, stormwater management quantitative control waivers may be granted to projects:

Except as provided in §C(5) of this regulation, stormwater management qualitative control waivers apply only to:

Stormwater management quantitative and qualitative control waivers may be granted for phased development projects if a system designed to meet the 2000 regulatory requirements and local ordinances for multiple phases has been constructed by May 4, 2010. If the 2009 regulatory requirements cannot be met for future phases constructed after May 4, 2010, all reasonable efforts to incorporate ESD in future phases must be demonstrated.

An approving agency shall require that stormwater management be addressed for redevelopment. Unless otherwise specified by watershed management plans developed according to §E of this regulation, all redevelopment project designs shall do one of the following:

Alternative stormwater management measures may be used to meet the requirements in §D(1) of this regulation if the developer satisfactorily demonstrates to the approving agency that impervious area reduction and ESD have been implemented to the MEP. Alternative stormwater management measures include, but are not limited to:

An approving agency may develop separate policies for providing water quality treatment for redevelopment projects if the requirements of §D(1) and (2) of this regulation cannot be met. Any separate redevelopment policy shall be reviewed and approved by the Administration and may include, but not be limited to:

The determination of what alternative stormwater management measures will be available may be made by the approving agency at the appropriate point in the development review process. Counties and municipalities shall consider the prioritization of alternative measures in §D(3) of this regulation after it has been determined that it is not practicable to meet the 2009 regulatory requirements using ESD. In deciding what alternative measures may be required, an approving agency may consider factors including, but not limited to:

Stormwater management shall be addressed according to the new development requirements in the Design Manual for any net increase in impervious area.

The recharge, channel protection storage volume, and overbank flood protection volume requirements specified in the Design Manual do not apply to redevelopment projects unless specified by the approving agency.

On-site or off-site channel protection storage volume requirements as specified in the Design Manual may be imposed if watershed management plans developed according to §E of this regulation indicate that downstream flooding or erosion need to be addressed.

Variations of this redevelopment policy shall be approved by the Administration.

Include detailed hydrologic and hydraulic analyses to determine hydrograph timing;

Evaluate both quantity and quality management;

Include cumulative impact assessment of watershed development;

Identify existing flooding and receiving stream channel conditions;

Be conducted at a scale determined by the approving agency; and

Specify where on-site or off-site quantitative and qualitative stormwater management practices are to be implemented.

The minimum control requirements established in this section and the Design Manual shall be contained in each county and municipal ordinance as they apply to the applicable parts of the State. The minimum control requirements for each county and municipality are provided in §A(2) and (3) of this regulation.

All counties and their incorporated municipalities shall require that the planning techniques, nonstructural and structural practices, and design methods specified in the Design Manual be used to implement ESD to the MEP. Stormwater management plans for development projects subject to this chapter shall be designed using the ESD sizing criteria, recharge volume, water quality volume, and channel protection storage volume criteria according to the Design Manual. The MEP standard is met when channel stability and 100 percent of the average annual predevelopment groundwater recharge are maintained, nonpoint source pollution is minimized, and structural stormwater management practices are used only if determined to be absolutely necessary.

Control of the 2-year frequency storm event, 10-year frequency storm event, or both is required according to the Design Manual if any county or municipality determines that additional stormwater management is necessary because historical flooding problems exist and downstream floodplain development and conveyance system design cannot be controlled.

An approving agency may require more than the minimum control requirements specified in this regulation if hydrologic or topographic conditions warrant or if flooding, stream channel erosion, or water quality problems exist downstream from a proposed project.

Carroll Creek in Frederick City and Frederick County;

Gwynns Falls in Baltimore City and Baltimore County; and

Jones Falls in Baltimore City and Baltimore County.

Economic losses due to flood damages;

Expected upstream development;

Frequency of flooding;

Number and value of structures flooded; and

Threat to life.

The following planning techniques shall be applied according to the Design Manual to satisfy the minimum control requirements established in Regulation .06 of this chapter:

The following ESD treatment practices shall be designed according to the Design Manual to satisfy the minimum control requirements established in Regulation .06 of this chapter:

The use of the ESD planning techniques and treatment practices specified in this section may not conflict with existing State law or local ordinances, regulations, or policies. Counties and municipalities shall modify planning and zoning ordinances and public works codes to eliminate any impediments to implementing ESD to the MEP according to the Design Manual.

The following structural stormwater management practices shall be designed according to the Design Manual to satisfy the applicable minimum control requirements established in Regulation .06 of this chapter:

The performance criteria specified in the Design Manual with regard to general feasibility, conveyance, pretreatment, treatment and geometry, environment and landscaping, and maintenance shall be considered when selecting structural stormwater management practices.

Structural stormwater management practices shall be selected to accommodate the unique hydrologic or geologic regions of the State.

Compliance with any of the following Standard Plans is considered to satisfy the minimum control requirements established in Regulation .06A(2) of this chapter.

Standard Plans. The following documents are incorporated by reference:

Compliance with an approved Soil Conservation and Water Quality Plan (SCWQP) is considered to satisfy the minimum control requirements established in Regulation .06A(2) of this chapter if the development:

An approving agency may require more than the minimum control measures. An approving agency may require that an engineered stormwater management plan be submitted if:

The owner/developer is responsible for submitting phased stormwater management plans for development projects according to the comprehensive review and approval process specified in Regulation .04 of this chapter, the Design Manual, and county and municipal stormwater management ordinances. Plans shall be submitted for the concept, site development, and final stormwater management construction phases of project design. Comments from the appropriate approval authority shall be addressed and approval received at each phase of project design before subsequent submissions.

The owner/developer shall submit a concept plan that provides sufficient information for an initial assessment of the proposed project and whether stormwater management can be provided according to this chapter and the Design Manual. Plans submitted for concept approval shall include, but are not limited to:

Following concept plan approval by the appropriate authority, the owner or developer shall submit site development plans that reflect comments received during the previous review phase. Plans submitted for site development approval shall be of sufficient detail to allow site development to be reviewed and include but not be limited to:

Following site development approval by the appropriate authority, the owner/developer shall submit final erosion and sediment control and stormwater management plans that reflect the comments received during the previous review phase. Plans submitted for final approval shall be of sufficient detail to allow all approvals and permits to be issued according to the following:

Reports submitted for final stormwater management plan approval shall include, but are not limited to:

Construction drawings submitted for final stormwater management plan approval shall include, but are not limited to:

All county and municipal ordinances shall require:

The owner/developer shall notify the appropriate approving agency at least 48 hours before beginning any work in conjunction with stormwater management system construction.

Inspections shall be conducted by county or municipal staff or certified by a professional engineer licensed in the State. The periodic inspections shall be documented and reports maintained by the county or municipality. Written reports shall be prepared for every inspection and include:

The owner/developer and on-site personnel shall be notified in writing when violations are observed. Written notification shall describe the nature of the violation and the required corrective action.

Work may not proceed until the work previously completed is approved by the appropriate inspection authority.

For ponds:

Wetlands—at the stages specified for pond construction in §B(1) of this regulation, during and after wetland reservoir area planting, and during the second growing season to verify a vegetation survival rate of at least 50 percent;

For infiltration trenches:

For infiltration basins—at the stages specified for pond construction in §B(1) of this regulation and during placement and backfill of under drain systems;

For filtering systems:

For open channel systems:

A notice of violation shall be issued specifying the need for the violation to be corrected if stormwater management plan noncompliance is identified;

A stop work order shall be issued for the site by the county or municipality if a violation persists;

Bonds or securities may be withheld or the case may be referred for legal action if reasonable efforts to correct the violation have not been undertaken; or

In addition to any other sanctions, a civil action or criminal prosecution may be brought against any person in violation of the Stormwater Management Subtitle or this chapter.

The date of inspection;

Name of inspector;

The condition of:

Description of needed maintenance.

Notification to the owner of deficiency including a time frame for repairs;

Subsequent inspection to ensure completion of repairs; and

Effective enforcement procedures if repairs are not undertaken or are not done properly.

“Conservation practice” means an agricultural land management practice that:

“Corrective action water quality plan (CAWQP)” means that portion of a soil conservation and water quality plan prepared by, or under the direction of, and approved by the Soil Conservation District to address a specific sediment pollution violation.

“Department” means the Department of the Environment.

“District” means a local soil conservation district, a political subdivision of the State established in accordance with Agriculture Article, Title 8, Annotated Code of Maryland.

“Erosion” means the process by which the land surface is worn away by the action of wind, water, ice, or gravity.

“Implement” means to develop, establish, install, construct, and maintain a district-approved soil conservation and water quality plan (SCWQP).

“Includes or including” means includes or including by way of illustration and not by way of limitation.

“Person” means an individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind and any partnership, firm, association, corporation, or other entity that owns or leases agricultural land.

“Sediment” means soils or other surficial materials transported or deposited by the action of wind, water, ice, gravity, or by other artificial means.

“Soil conservation and water quality plan (SCWQP)” means a land use plan for a whole farm prepared by, or under the direction of, and approved by the district in accordance with the National Conservation Planning Manual, and the Maryland Technical Guide, which are incorporated by reference in Regulation .04 of this chapter, or other guidance documents which were in effect at the time of plan development, and the requirements of this chapter, to make the best possible use of soil and water resources, and to minimize the movement of sediment, animal wastes, nutrients, or agricultural chemicals into the waters of the State.

“Waters of the State” means:

Practiced or constructed on an area which is not included in a district-approved SCWQP, or

In an area included in an SCWQP, but not implemented or constructed in accordance with a district-approved SCWQP.

The Department shall investigate any report to determine if agricultural sediment pollution in violation of Environment Article, §4-413(b), Annotated Code of Maryland, has occurred.

The Department shall determine the appropriate actions to be taken to investigate reports of sediment problems. These actions may include:

When the Department identifies and documents a sediment pollution violation, the Department may issue a written complaint specifying the laws or regulations allegedly violated and the facts that constitute a violation. After or concurrent with the service of the complaint, the Department may issue an order to the alleged violator to:

The Department shall provide a copy of all written reports, complaints, and orders issued under this chapter to the district.

As necessary, the Department may require a person to obtain district-approved modifications to approved CAWQPs and SCWQPs to reflect changes in the agricultural operation, pollution problems, and site conditions.

Directing the preparation of, preparing, and approving CAWQPs and SCWQPs;

Reviewing potential and actual erosion and sediment problem areas on site upon notification from the Department of a report of sediment pollution, and providing the technical assistance needed to prevent sediment pollution violations;

Ensuring that those violations of Environment Article, §4-413(b), Annotated Code of Maryland, identified and documented by the Department in writing to alleged violators are addressed by the district-approved CAWQP and SCWQP, and that:

Directing preparation of, preparing, and approving CAWQPs within 45 days of a request for assistance from a person notified by the Department that a pollution violation exists;

Approving CAWQP and SCWQP modifications to address sediment pollution violations as necessary to reflect changes in the agricultural operation, pollution problems, and site conditions, and providing the Department with a copy of the modifications within 10 days of the modification approval;

Providing the Department, when requested, with written confirmation that all conservation practices included in a CAWQP or SCWQP to address the sediment violations documented by the Department are constructed or implemented in accordance with the Maryland Technical Guide, which is incorporated by reference in Regulation .04 of this chapter, or approved under Regulation .06C and D of this chapter;

Providing to the Department a copy of all approved CAWQPs and SCWQPs for sites under investigation or which result from Departmental orders issued under this chapter; and

Having the option to notify the Department when implementation or maintenance is not in substantial compliance with the approved CAWQP or SCWQP.

Provide prevention or control of sediment pollution equal to or better than that provided by conservation practice standards;

Are recommended by the SCS;

Are approved by the district; and

Are accepted by the Department.

Provide prevention or control of sediment pollution equal to or better than that provided by conservation practices or provide prevention or control of sediment pollution that cannot be provided with conservation practices;

Are recommended by the SCS;

Are approved by the district; and

Are accepted by the Department.

When the Department believes that a violation of Environment Article, §4-413, Annotated Code of Maryland, has occurred, it may cause a written complaint to be served upon the alleged violator in accordance with the provisions of Environment Article, Title 4, Subtitle 4, Annotated Code of Maryland. The complaint shall include a description of the conditions which result in the addition, leaking, spilling, emitting, or other introduction of soil or sediment to the waters of the State.

The Department may issue an order after or concurrent with the complaint.

Orders issued by the Department shall include:

The Department shall serve all orders as prescribed in Environment Article, Title 4, Subtitle 4, Annotated Code of Maryland.

On receipt of an order issued by the Department, a person shall perform the corrective actions specified in the order within the time specified.

On receipt of an order issued by the Department to obtain or implement a CAWQP, a person shall prepare or have prepared a CAWQP that is in accordance with SCS standards and other criteria described in the National Conservation Planning Manual and the Maryland Technical Guide, which are incorporated by reference in Regulation .04 of this chapter, and the requirements of this chapter.

A person shall implement the CAWQP in accordance with the schedule in the CAWQP unless the:

Have available a copy of the CAWQP or, if applicable, the SCWQP; and

Maintain the person's agricultural operation in accordance with the approved or modified CAWQP or SCWQP.

The action necessary to comply with the Department's order has not begun or has not been completed on or before the date specified in the order;

The owner or operator does not obtain a district-approved CAWQP;

The district-approved CAWQP is not being implemented and maintained according to its terms and conditions; or

A second or subsequent violation occurs and an SCWQP has not been prepared and implemented in accordance with the district-approved schedule.

“Administration” means the Water Management Administration.

“Administrative order” means a written notification issued by the Administration pursuant to State law and regulations, requiring, within a time specified, correction of a violation of or compliance with provisions of pertinent law, regulations, permit, or approval.

“Anadromous fish spawning areas” means that portion of the waters of the State identified by the Department as spawning and nursery areas for anadromous fish species.

“Dam” means any obstruction, wall, or embankment, together with its abutments and appurtenant works, if any, in, along, or across any stream, heretofore or hereafter constructed for the purpose of storing or diverting water or for creating a pool upstream of the dam, as determined by the Administration.

“Danger reach” means that area downstream of a dam within which sudden release of waters resulting from failure of the dam during the inflow design flood would cause an artificial flood exceeding the flood that might be expected from the same storm if the dam had not existed.

“Department” means the Department of the Environment.

“Dominant discharge” means the flow rate capacity, in cubic feet per second, of the stream channel considering steady, uniform flow.

“Emergency condition” means a sudden unforeseen occurrence or condition requiring exigency or a circumstance which the Administration determines constitutes a present or imminent danger to the public health or safety or to the environment.

“Floodplain” means that area along or adjacent to a stream or a body of water within the waters of the State that is capable of storing or conveying floodwaters.

“Flood-proofing” means any combination of structural or nonstructural additions, changes, or adjustments to structures together with attendant utility and sanitary facilities that are designed so that below the elevation of the 100-year frequency flood event the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

“Freeboard” means the vertical distance to the crest of a dam above the water surface at time of maximum design flow over the spillway.

“General waterway construction permit” means the authorization established by Regulation .10 of this chapter for certain categories of construction activities to take place without an individual waterway construction permit.

“Inflow design flood” means the size of flood coming into the reservoir that is used as a basis for designing various parts of the dam.

"1983 Maryland Standards and Specifications for Soil Erosion and Sediment Control" means the official handbook for sediment control principles, methods, and practices approved by the Administration, which is incorporated by reference under COMAR 26.17.01.11.

“Natural trout waters” means waters having the potential to support or are capable of supporting natural trout populations, including propagation, and their associated food organisms. These waters are designated Use III as indicated in COMAR 26.08.02.08.

“Normal depth” means the maximum vertical distance from the stream bed invert at the upstream toe of the dam to the normal water surface.

“Overflow spillway” means any operating, emergency, or other spillway which discharges with a free water surface over or around the dam as opposed to an orifice, gate, or conduit which discharges through or beneath the dam or nearby ground.

“Owner” means any person or persons and their duly authorized agents, owning, operating, maintaining, or proposing to construct any dam, reservoir, or other obstruction, or to change the course, current, or cross section of any body of water in the State.

“Permit” means authorization by the Administration, pursuant to pertinent law and regulations, describing the required performance for specific activities and operations.

“Permittee” means the person to whom a permit is issued by the Administration.

“Person” means the federal government, the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity.

“Probable maximum flood” means the most severe flood considered possible in a specific region. This may be:

“Recreational trout waters” means cold or warm waters having the potential to hold or support or capable of holding or supporting adult trout for put-and-take fishing, usually seasonal. These waters are designated Use IV as indicated in COMAR 26.08.02.08.

Repair.

“Reservoir” means any basin, either natural or artificial, used for the collecting or storing of water.

“Standard project flood” means the most severe flood considered reasonably characteristic of the specific region. This is calculated for a specific dam site using one or more of the recognized methods acceptable to the Administration. Usually, this flood will have a magnitude between 40 percent to 60 percent of the probable maximum flood.

“State” means the State of Maryland.

“Substantial improvement” means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure. The term does not include any project for improvement of a structure to comply with existing State or local health, sanitary, or safety code specifications which are necessary to insure safe living conditions or any alteration of a structure listed in the National Register of Historic Places or a State Inventory of Historic Places.

“Tractive force” means the shear stress, expressed in pounds per square foot, acting upon the wetted boundary of the stream channel and is expressed as:

“Waters of the State” includes both surface and underground waters within the boundaries of the State subject to its jurisdiction, including that portion of the Atlantic Ocean within the boundaries of the State, the Chesapeake Bay and its tributaries, and all ponds, lakes, rivers, streams, public ditches, tax ditches, and public drainage systems within the State, other than those designed and used to collect, convey, or dispose of sanitary sewage. The floodplain of free-flowing waters determined by the Department on the basis of the 100-year flood frequency is included as waters of the State.

Filling, dredging, or construction of any work in the tidal portions of the waters of the State; filling, dredging, or construction, in these areas, may require a wetlands license or permit under the provisions of Environment Article, Title 16, Annotated Code of Maryland;

Agricultural drainage systems, for the purpose of lowering the level of water in the soil, with a total drainage area of 2,500 acres or less except that a drainage system financed or managed by a public drainage association is exempt only if a plan for construction, operation, and maintenance has been approved by the Secretary of Agriculture under the Agriculture Article, §8-603, Annotated Code of Maryland;

The removal or demolition of residential structures;

A small pond which meets the requirements of Regulation .05G of this chapter.

A person who applies to construct, reconstruct, repair, or alter a dam or reservoir shall engage a registered professional engineer, practicing in accordance with the laws of Maryland and qualified in the field of dam design and construction to prepare the designs and specifications and to provide supervision during construction of the proposed works. The engineer shall be the engineer-in-charge and shall:

If an engineering team is planned for the design and construction, one registered professional engineer shall act as the engineer-in-charge. However, each individual on the project team shall document that individual's area of responsibility and technical experience. This documentation shall accompany the permit application.

Making Application. The procedure for obtaining a permit for construction, reconstruction, repair, or alteration of a dam or reservoir is established in two steps:

Classification of Dams. The following table sets forth judgmental factors for minimizing the risk associated with the design of dams. The table is intended only as a guide. A proposed dam shall satisfy all four factors (normal pool storage volume, normal depth, potential for loss of life, and potential for damage) in order to avoid classification in a more rigorous category. Failure damage potential shall consider future development and use of the area flooded throughout the danger reach and the damage which would be expected from a complete breaching of the dam. If, in the opinion of the Administration, future development is probable in the area flooded throughout the danger reach, the dam shall be classed in Category I. The classification of the proposed dam shall be assigned by the Administration after the applicant has provided information on the potential damage within the danger reach, as defined herein. After the classification has been assigned, the inflow design flood and spillway design may be established. Dams qualifying for the Category III classification may be classed in Category IV, if all of the requirements of Environment Article, §5-503(b), Annotated Code of Maryland, are met with the exception of §5-503(b)(1).

Danger Reach. A danger reach shall be established for all proposed dams by routing a flood hydrograph resulting from a failure of the structure. Computation of the danger reach is an iterative process and, based upon the potential for damage and loss of life, may necessitate reclassification to a higher category by the Administration. The danger reach shall be established using methods that compare the depth and aerial extent of the flood waters without and with the proposed dam as follows:

Inflow Design Flood. The inflow design flood for Category I dams shall be the probable maximum flood. For Category II dams the inflow design flood shall be the standard project flood or the largest flood of record, whichever is greater. For Category III dams the inflow design flood shall be one having a recurrence interval of once in 100 years or longer. For Category IV dams the inflow design flood shall be as defined in USDA, Natural Resource Conservation Service, Maryland Conservation Practice, Standard Pond Code 378 (January, 2000), which is incorporated by reference in COMAR 26.17.02.01-1B(2). Criteria shall be provided or approved by the Administration for each of the above inflow design floods.

Spillway Design. Established procedures for spillway design and capacity, when properly applied, will be accepted by the Administration. The effects of storage may be taken into account in establishing spillway capacity and top of dam. All spillways shall be designed to adequately handle debris either by trash racks or with sufficient opening. All dams shall have an overflow spillway included in the design. A constructed earthen embankment may not be used as an overflow spillway. All dams classed in Category I or II shall be designed with an emergency spillway which passes the inflow design flood without endangering the dam and whose predicted frequency of use is not greater than once in 100 years. Adequate provision shall be made to dissipate the energy of water flowing over or through the dam and to protect the downstream toe of the dam.

Dams in Category IV. The designs, plans, and specifications for all dams classed in Category IV, and not approved by either the soil conservation district or the Administration’s designee, shall be reviewed by the Administration for technical compliance with the requirements in USDA, Natural Resource Conservation Service, Maryland Conservation Practice, Standard Pond Code 378 (January, 2000), which is incorporated by reference in COMAR 26.17.02.01-1B(2), and the Administration’s policies and procedures.

Design References. References used by the designer shall be cited in the application submitted to the Administration, especially where unusual features are incorporated in the design.

Freeboard. The design shall allow for certain freeboard as a minimum, not to be reduced under any circumstances during the operation of the dam and reservoir. The design freeboard is for that reservoir stage which will exist when the pool has reached maximum level during the inflow design flood with the outlet works and overflow spillway operating as planned. The freeboard is to be calculated to prevent overtopping and protect the dam against the destructive forces of waves, frost, settlement, and surface erosion.

Safety Factor. The safety factor shall be that used in good engineering practice in dam design. In all important structural features, the safety factor used shall be shown in the design assumptions. The Administration requires a safety factor of at least 1.5 to be included in the structural design of the dam or any of its components during steady state seepage conditions, and at least 1.2 during rapid drawdown of the reservoir pool from the spillway crest. If site conditions or the downstream hazard category warrants, the Administration may require a safety factor of greater than specified in this section.

Drains. Dams shall include a device to allow draining of the reservoir within a reasonable amount of time. The following factors shall be considered in determining the reasonable time period for drainage:

Specifications. Specifications shall be written to assure that design criteria, with regard to the quality of the materials and methods of construction, will be met or exceeded.

Providing Means for Inspections. The Administration may include, either at the time of granting a permit for construction of a dam or at a later date, a requirement that the owner provide and install devices necessary for the future inspection and surveillance of the dam. The number, type, and location of the devices shall be determined as a result of the Administration's evaluation of the size and nature of the dam, the complexity of local natural conditions, and the degree of risk resulting from any future deterioration or failure. The requirement may include provisions for the measurement of the settlement of the crest or slopes of dams, the movement of walls in the valley or reservoir, the increases in pore-water pressure in earth or the increases in flow from drainage systems, and the installation of other devices required to detect serious changes in the structure or the affected area to allow the repair of deficiencies before more serious risk develops.

Multiple Dams. When dams are spaced so that the failure of an upstream dam or structure could endanger the safety of one downstream, the possibility of a multiple failure shall be considered in reviewing the design. Additional safety shall be provided in either structure by increasing the retarding storage or increasing the emergency spillway capacity, or both.

Construction shall be under the supervision of the engineer-in-charge as defined in §A(1) of this regulation.

Appropriate tests, as required by the Administration, shall be made of materials used in the construction of the dam. Materials failing to meet applicable specifications shall be removed and replaced with acceptable materials.

The engineer-in-charge shall submit periodic construction progress reports to the Administration. Progress report forms and the frequency of reporting will be provided by the Administration before construction.

A history of the construction shall be maintained by the engineer-in-charge, and shall include:

The above information shall be maintained at the construction site. The information shall be submitted to the Administration within 60 days after the completion of the dam and shall be accompanied by the written certification from the engineer-in-charge to the Administration that the completed structure has been constructed in accordance with plans and specifications and changes approved by the Administration. The Administration shall supply certification forms.

Before beginning the diversion of the streamflow through a temporary channel or conduit in order to dewater the foundation of the dam, the engineer-in-charge shall submit a plan to the Administration for approval describing the methods to be used for carrying the streamflow and keeping sediment reduced during this period. The engineer-in-charge shall be responsible for the implementation of the plan.

Before beginning the filling of the reservoir the engineer-in-charge shall submit a report to the Administration stating that the structure has been made ready for filling and that the pool area has been cleared of debris. The report shall describe the limitations on the amount of water restrained from flowing downstream and describe the methods to be followed for the surveillance of the project during the period when the structure is receiving its initial loading.

Responsibility for Inspections by Owner. The owner is responsible for the safety of the dam and for the necessary surveillance and inspections. The surveillance shall be performed by the owner, or a representative of the owner, and shall provide a close watch on the conditions affecting the dam's safety. The owner shall promptly notify the Administration of significant changes in condition.

Responsibility for Inspections by Administration. In addition to the inspections by the owner, the Administration shall make inspections of all dams, reservoirs, and other waterway obstructions within its jurisdiction to provide for the public safety and welfare, to detect early signs of deterioration, and to enforce corrective measures. The Administration's agents shall be given free access to every part of the dam or reservoir under consideration, and the operators of these works shall assist in the inspection to the best of their abilities.

The designs, plans, and specifications shall be reviewed for technical compliance with the requirements in USDA, Natural Resource Conservation Service, Maryland Conservation Practice, Standard Pond Code 378 (January, 2000), which is incorporated by reference in COMAR 26.17.02.01-1B(2), and the Administration’s policies and procedures.

The soil conservation district, or the Administration’s designee, shall notify the Administration of all ponds approved pursuant to this section. The notification shall include a copy of the pond approval and a pond summary sheet. The notification shall be submitted to the Administration within 30 days of the end of each quarter (September 30, December 31, March 31, and June 30) in which the approval was granted.

The soil conservation district, or the Administration’s designee, for all ponds approved pursuant to Environment Article, §5-503(b), Annotated Code of Maryland, shall submit a certification to the Administration within 90 days after the completion of construction. This certification shall state that the subject pond was constructed in conformance with the approved plans and specifications. A certification by a professional engineer, land surveyor, or landscape architect practicing in accordance with the laws of Maryland shall be acceptable to the Administration instead of a certification by the soil conservation district or the Administration’s designee.

Alternate proposals studied.

Geologic investigations and conclusions based upon geologic maps, surface investigations, seismic or other geophysical studies, or borings.

Type and source (on-site or off-site) of borrow and fill materials to be used in construction.

Estimated cost of the project and the length of time required for construction.

Construction plans and specifications.

Construction Schedule. The construction schedule shall include the following:

Map and measurement of the drainage area upstream of the proposed project.

General plan of the proposed project, showing location; land ownership; contours of presently existing ground and proposed structures, buildings, roads and drainage structures; and the proposed additionally inundated area associated with the 100-year flood event.

Design report, which shall at a minimum, include the following:

References used by the designer shall be cited in the application submitted to the Administration, especially where unusual features are incorporated in the design.

Specifications shall be written to assure that design criteria, with regard to the quality of the materials and methods of construction, will be met or exceeded.

The length of culverts shall be limited to a maximum of 150 feet unless it can be demonstrated through an environmental study that any adverse impacts will be adequately mitigated.

The proposed project shall be designed to safely withstand the hydrostatic and hydrodynamic forces associated with at least the 100-year frequency flood event throughout the project area.

Adequate protection shall be provided in the design of all bridge piers, abutments, and culvert entrances and outlets to prevent damage due to scour. Protective measures may not prevent the passage of fish.

Culverts shall have at least one cell placed at least 1 foot below the invert of the stream. In the case of bedrock foundations, culverts shall be designed without a concrete invert unless measures are incorporated into the design to ensure that fish habitat or migration patterns are not adversely affected.

All bridges shall completely span stream channels which have a width from top-of-bank to top-of-bank of 80 feet or less, as measured along the centerline of the proposed roadway.

The outlet velocity of culverts which is associated with the dominant discharge may not exceed the existing stream channel velocity associated with the dominant discharge. A higher than existing stream channel velocity may be allowed at a culvert outlet when or if measures are incorporated into the design to prevent increases in stream channel erosion.

The maximum allowable Froude number, associated with the 100-year frequency flood event as calculated through the bridge opening or at the outlet of the culvert, shall be as follows:

The Froude number, Fr, shall be given by:

In an emergency, a person may make only the minimum repairs necessary to safeguard life and property against imminent danger without obtaining prior written approval of the Administration for the necessary emergency repairs.

The person initiating repairs shall contact the Administration within 24 hours.

To the extent possible, all work shall conform to the requirements specified by the Administration.

If additional works, maintenance, or repairs not necessary to safeguard life and property against imminent danger are also considered by the owner, the owner shall obtain a permit in accordance with Regulation .02 of this chapter.

Except as provided in §D(1) of this regulation:

Alternate proposal studies.

Geologic investigations and conclusions based upon geologic maps, surface investigations, seismic or other geophysical studies, or borings.

Type and source of borrow and fill materials to be used in construction.

Estimated cost of the project and the length of time required for construction.

Construction plans and specifications.

Construction Schedule. The construction schedule shall include the following:

Map and measurement of the drainage area upstream of the proposed project.

General plan of proposed project, showing location; land ownership; contours of presently existing ground and proposed fill or excavation; presently existing and proposed structures, buildings, roads, and drainage structures; the proposed additionally inundated area associated with the 100-year flood event; and all cross sections taken.

Design report, which shall, at a minimum, include the following:

References used by the designer shall be cited in the application submitted to the Administration, especially where unusual features are incorporated in the design.

Specifications shall be written to assure that design criteria, with regard to the quality of the materials and methods of construction, will be met or exceeded.

Proposed floodplain encroachments may not increase the tractive force by more than 10 percent during the passage of the 2-year and 10-year frequency flood events unless it can be demonstrated that the channel will remain stable.

Proposed floodplain encroachments may not reduce the natural meander width of the channel as measured from outside bank to outside bank.

Proposed floodplain encroachments, except for roadways, culverts, and bridges, shall be designed to provide a minimum of 1 foot of freeboard above the elevation of the 100-year frequency flood event. In addition, the elevation of the lowest floor of all new or substantially improved residential, commercial, or industrial structures shall also be at least 1 foot above the elevation of the 100-year frequency flood event.

Proposed unlined earth channels may not change the tractive force associated with the 2-year and the 10-year frequency flood events, by more than 10 percent, throughout their length unless it can be demonstrated that the stream channel will remain stable.

Proposed lined channels may not change the tractive force associated with the 2-year and the 10-year frequency flood events, by more than 10 percent, at their downstream terminus unless it can be demonstrated that the stream channel will remain stable.

An environmental study, which identifies existing natural resources as well as proposed mitigation measures to offset the impacts of the channelization, shall accompany a proposed channel change.

In an emergency, a person:

Work shall conform to any requirements specified by the Administration.

If additional works, maintenance, or repairs not necessary to safeguard life and property against imminent danger are considered by the owner, a permit shall be required in accordance with Regulation .02 of this chapter.

In all cases, including emergencies described in §D(1)(a) of this regulation:

Temporary sediment-trapping devices shall conform to the technical requirements in the "1983 Maryland Standards and Specifications for Soil Erosion and Sediment Control" which is incorporated by reference under COMAR 26.17.01.11;

Earth embankments greater than 3 feet high may not be permitted;

Temporary sediment control trapping devices may be constructed within the 100-year frequency floodplain if all of the following conditions are met:

The applicant shall submit the following information to the Administration:

Temporary access crossings shall conform to the technical requirements in the "1983 Maryland Standards and Specifications for Soil Erosion and Sediment Control" which is incorporated by reference under COMAR 26.17.01.11;

Earth embankments for an access road greater than 3 feet high may not be permitted;

The applicant shall submit the following information to the Administration:

Temporary utility crossings shall conform to the technical requirements in the "1983 Maryland Standards and Specifications for Soil Erosion and Sediment Control" which is incorporated by reference under COMAR 26.17.01.11;

For stream crossings, the pipe or cable and any protective encasement shall either be buried a minimum of 3 feet below the stream bed, unless the Administration believes that a rigid bottomed stream bed exists, or be elevated a minimum of 1 foot above the 100-year frequency flood elevation;

Buried utilities and their appurtenances, except at stream crossings, shall be located such that a 25-foot wide buffer zone is maintained between the limits of construction and the nearest top of the stream bank.

The following information shall be submitted with the application:

Construction shall conform to the technical requirements of the "1983 Maryland Standards and Specifications for Soil Erosion and Sediment Control" which is incorporated by reference under COMAR 26.17.01.11;

Permanent floodplain obstructions to flow may not be permitted;

The following information shall be submitted with the application:

Conditions specified in this regulation for those activities are met; and

The project is not located in the stream channel or floodplain of a wild and scenic river as defined in Natural Resources Article, §8-402, Annotated Code of Maryland.

Clearing and grading activities in the 100-year frequency floodplain when:

Temporary construction on the waters of the State which meet the special requirements of Regulation .08B, C, D, and E of this chapter; or

Minor maintenance and repair of existing structures that are located in the waters of the State.

Submit to the Administration an application for the planned construction activity, including:

Allow reasonable inspection of the site by representatives of the Administration;

Maintain construction plans and specifications at the construction site for reasonable inspection by the Administration during construction;

When applicable, obtain an approved sediment and erosion control plan from the local soil conservation district before construction; and

Provide for specifically designed measures, which shall be included in the construction plans, to minimize sediment pollutants from entering the waters of the State for those construction activities within a stream channel that are not subject to the requirements of COMAR 26.17.01.05, which requires an approved erosion and sediment control plan for certain activities.

In all cases where the proposed project is on a stream in the State Scenic and Wild Rivers Program and, in the case of other streams, when necessary, the Administration shall advise the applicant of the outstanding scenic, fish, wildlife, and other recreation values to the citizens of the State. In these cases, the applicant shall consider alternatives less harmful to the stream's value as a scenic and wild resource. Construction of an impoundment upon a scenic or wild river is contrary to the public interest, if that project floods an area of unusual beauty, blocks the access to the public of a view previously enjoyed, or alters the stream's wild qualities.

A dam or other structure impeding the natural flow of a scenic and wild river may not be constructed, operated, or maintained in a scenic and wild river, and channelization may not be undertaken unless specifically approved. The Secretary's approval authority under Natural Article, §8-406, is delegated to the Director of the Water Resources Administration or the Director's designee. The Director or the designee shall consider the comments received from the Department of Natural Resources as well as the standards established in §B(1) of this regulation to protect the river's scenic and wild qualities.

In the evaluation of permit applications, the Administration shall consider the blockage of free passage of fish to be contrary to the public interest, except as provided in Natural Resources Article, §4-502(d), Annotated Code of Maryland.

Category II, III, or IV dams may not be built or allowed to impound water in any location where a failure is likely to result in the loss of human life or severe damage to streets, major roads, public utilities, or other high value property.

Proposed projects that eliminate or significantly and adversely affect aquatic or terrestrial habitat and their related flora and fauna are not in the public interest. At a minimum, all in-stream construction shall be prohibited from October through April, inclusive, for natural trout waters and from March through May, inclusive, for recreational trout waters. In addition, the construction of proposed projects, which may adversely affect anadromous fish spawning areas, shall be prohibited from March 15 through June 15, inclusive. For projects when there is no reasonable alternative to the adverse effects on nontidal wetlands or other aquatic or terrestrial habitat, the applicant shall be required to provide measures to mitigate, replace, or minimize the loss of habitat.

Proposed projects which increase the risk of flooding to other property owners are prohibited, unless that area subject to additional risk of flooding is purchased, placed in designated flood easement, or addressed by other means acceptable to the Administration.

The construction or substantial improvement of any residential, commercial, or industrial structure in the 100-year frequency floodplain and below the water surface elevation of the 100-year frequency flood may not be permitted. Minor maintenance and repair may be permitted. In addition, the modifications of existing structures for flood-proofing purposes may be permitted. Flood-proofing modifications shall be designed and constructed in accordance with specifications approved by the Administration.

Multiple purpose use shall be preferred over single purpose use.

The proposed project shall achieve the purposes intended.

At a minimum, the proposed project shall provide for a 50 percent reduction of the average annual flood damages.

Flood Control Techniques.

The applicant shall provide a written analysis and financial statement detailing the benefits and costs of the project and identifying the project's beneficiaries. This information shall be made a part of the public record.

The Administration shall permit agricultural drainage only to the extent that it provides substantial agricultural benefits.

The design of the proposed channel shall prevent direct over bank flow into the ditch. This may be accomplished with reverse slopes, vegetated buffers, and controlled inlets.

The downstream end of the proposed system shall be truncated as far upstream as possible.

Approved soil conservation district conservation plans shall be properly implemented and maintained.

Measures shall be incorporated in the project to minimize adverse environmental impacts.

A variance may not be granted for any construction, development, use, or activity that would cause any increase in the 100-year frequency flood elevation unless the Administration finds the variance to be in the best public interest;

If granted, a variance shall involve only the least modification necessary to protect the public interest;

If a variance is granted, the Administration shall notify the applicant in writing that:

Structures, including those involving variances, shall be designed and constructed so as to have the capability of resisting the hydrostatic and hydrodynamic loads and pressures, effects of buoyancy, and other forces associated with at least the 100-year frequency flood event.

Issue an administrative order requiring necessary corrective action to be taken within the time prescribed in its order. Any person named in the order may request in writing a hearing before the Administration not later than 10 days after the date the order is served, in which case a hearing shall be scheduled within 10 days from receipt of the request. A decision shall be rendered within 10 days from the date of the hearing.

Require the alleged violator to file a written report regarding the alleged violation.

Require the alleged violator to appear before the Administration at a time and place the Administration specifies to answer the charge outlined in the complaint.

Require the alleged violator to file a written report regarding the alleged violation and appear before the Administration at a time and place the Administration specifies to answer the charges outlined in the complaint. If the Administration exercises the option provided by §A(2) of this regulation, the alleged violator may request in writing a hearing before the Administration not later than 10 days after the date that notice of the requirement of the written report is served. The following apply:

Conditions of the permit have been satisfied; or

Permit should properly be modified, suspended, or revoked.

A permit may be revoked after notice to the permittee and opportunity for a hearing if the Administration determines that any of the following have occurred:

The permittee has the right to be heard regarding the revocation of the permit upon a request in writing not later than 10 days after the date on which the revocation notice is served. The Administration shall schedule a hearing within 10 days from receipt of the request and give a decision within 30 days from the date of the hearing.

Construct or reconstruct a reservoir, dam, or other waterway obstruction;

Construct a waterway; or

Dredge, fill, bulkhead, or change the shoreline as required by this chapter.

There is an emergency to save life or property;

There is a request to make minor repairs or routine maintenance;

Roads, bridges, or culverts meet minimum design standards set forth herein and the construction does not adversely affect known water resources projects or have potentially significant adverse environmental effects;

Dams are classed by the Administration in Category IV;

Plans of other projects that conform to water resources development plans accepted and adopted by the Administration were subject to public hearing and the Administration's review finds no changed conditions in them since the last public review and comment to justify another hearing;

Temporary construction meeting the minimum design standards set forth herein;

There is a request to make minor changes or modifications to existing permits.

The Administration shall prepare and insert the notice in the Maryland Register and required newspapers. The cost of this notice shall be borne by the applicant.

The applicant shall, by the date of publication of the above notice in the Maryland Register, notify all of the following of the application and hearing and certify same to the Administration before or at the hearing:

“Administration” means the Water Management Administration.

“Capital project” means any flood control or watershed management capital project which:

“Department” means the Department of the Environment.

“Flood management plan” means a plan to guide activities in a watershed for the purpose of minimizing the hazards of flooding and preserving the biological values associated with the land and water resources, pursuant to Environment Article, Title 5, Subtitle 8, Annotated Code of Maryland.

“Federal flood insurance program” means the program established by the National Flood Insurance Act of 1968, as amended.

"100-year flood event" or "100-year flood" means a flood that has a 1-percent chance of being equalled or exceeded in any given year.

“Subdivision” means any county, including Baltimore City. The term “subdivision” also means any incorporated municipality which has the authority to adopt and enforce land use and control measures for the areas within its jurisdiction.

“Ultimate development” means the anticipated development during the expected useful life of the capital project.

The purpose of ranking the individual capital projects in the State priority list is to ensure the greatest benefits from the investment of public money. The ranking will be based on the type of capital project, flood history, and cost effectiveness and implementation schedule of the flood management plan.

The types of capital projects which will be preferred shall:

Flood history will consider the:

The cost effectiveness will consider the:

It has the authority to make an application and has been authorized by an official act of the governing body directing this action. If the applicant is other than a county or Baltimore City, it must provide written certification from its legal counsel that it is a subdivision as defined in Regulation .01B(7) of this chapter.

It will have funds available to meet its share of the capital project.

It is participating in and is in conformance with the federal flood insurance program.

The capital project is part of a flood management plan approved by the Department and adopted by the subdivision pursuant to Environment Article, Title 5, Subtitle 8, Annotated Code of Maryland.

Reference the approved and adopted flood management plan of which the capital project is a part;

Specify the exact location of the capital project;

Specify the anticipated results of the capital project and furnish any substantiation required by the Department;

Evaluate alternative management techniques;

Specify the operation and maintenance arrangements for the life of the project;

Specify the use or disposition of acquired property;

Specify the expected useful life of the project;

Identify the short-term and long-term beneficial and adverse environmental effects of the capital project and any mitigating measures for the adverse impacts;

Identify all beneficiaries and the estimated current dollar value of the benefits and costs of the capital project;

Certify that the value or interest in properties proposed for acquisition will be established by two qualified appraisers prior to implementation; and

List all necessary federal, State, and local permits and certify that all these permits have been or will be applied for and will be obtained before implementation of the capital project.

Reduction of existing flood hazards;

Prevention of future flood hazards;

Adequate emergency preparedness;

Preservation of the environmental qualities of the watershed; and

Reduction of economic and social losses.

The limits of the watershed;

An inventory of historic flood damage sites, including frequency and damage estimates;

An inventory of areas of significant natural resource value as noted in existing state and local studies;

An inventory of areas of historical and archeological value identified in existing state and local studies;

A map or series of maps showing features of the watershed pertinent to the flood management plan;

The relationship of the flood management plan to related programs in the watershed including the federal flood insurance program, the sediment control program, and the State water pollution and abatement program, and Program Open Space;

The following information, based upon the ultimate development of the watershed and flood events up to and including the 100-year flood:

A schedule of expected implementation of all capital projects and other pertinent elements of the flood management plan;

Identification of measures to be taken before, during, and immediately after a flood disaster including:

Any stormwater management requirements and techniques necessary to mitigate the adverse effects of land use changes on stream flows and flood frequencies; and

Any rules, regulations, or ordinances necessary for implementation and hazard mitigation.

“Agricultural purposes” means appropriation or use of water for the production, harvesting, or processing of crops, vegetation, or animals for human or animal consumption or use, including horticultural operations and land-based aquaculture.

“Appropriation” means an intentional withdrawal, movement, or diversion of water for use from its source of natural occurrence which is caused by human activity.

“Aquaculture” means the regulation and cultivation of water plants and animals for human use or consumption.

“Aquifer” means a water-bearing geologic formation which is capable of causing water to flow into a well.

“Beneficial appropriation or use” means a direct use of water which is:

“Confined aquifer” means an aquifer under pressure from a relatively impervious layer of material lying above the aquifer.

“Consumptive water use” means that part of water withdrawn from a source which, due to evaporation, interbasin diversions, or other causes, is not returned to the source to be available for subsequent use.

“Department” means the Department of the Environment.

“Domestic use” means the noncommercial appropriation or use of water by individuals for residential sanitation and drinking purposes.

“Emergency condition” means a situation when lack of water poses an immediate danger to the health and welfare of people or animals.

“Fall line” means the imaginary line separating the coastal plain sediments on the east from the older hardened rock on the west.

“Ground water” means water that naturally lies, percolates, or flows through aquifers under the surface of the earth.

“Lake” means a reasonably permanent body of water substantially at rest which is part of a watercourse or the result of a structure placed in a watercourse.

“Low flow augmentation” means provision of water through development of new water storage facilities or the purchase of storage space in existing water storage facilities equal to the amount of consumptive use from a water source.

“Permit” means either a:

Person.

“Potentiometric surface” means a level to which water will rise in a tightly cased well drilled into a confined aquifer.

Public Water System.

“Riparian land” means land bordering on a watercourse or lake.

“Surface water” means water from rain, melting snow, springs, or seepage that lies or flows on the surface of the earth, including a watercourse, lake, or tidewater.

“Sustained yield” means the availability of water from an aquifer managed so that total withdrawals do not exceed natural recharge, thus enabling the aquifer to function as an aquifer in perpetuity.

“Underground water” means ground water.

“Use of water” means a direct use of ground or surface water by withdrawal, diversion, or impoundment.

“Water audit” means an examination of water use that traces the flow of water from the site of water withdrawal through the distribution system and final use of the water, and details the variety of consumption and losses that exist from withdrawal through final use.

“Water conservation” means the use of practices, techniques, and technologies that:

“Water supply capacity management plan” means a plan that analyzes available water supply capacity and establishes a system to track water allocation commitments.

“Watercourse” means a stream of water of natural origin, flowing constantly or intermittently on the surface of the earth in a relatively definite natural channel, including springs, lakes, or marshes in which a stream originates or through which it flows.

“Water management strategy area” means an area designated by the Department in which a specific water resource problem has been identified and for which the Department has adopted specific water use restrictions or criteria for permit approval in order to protect the water resource or existing water users.

“Water table” means the water-saturated zone which is:

A person appropriating or using water for any agricultural, commercial, institutional, industrial, or municipal purpose;

A person subdividing land if the subdivision may require an appropriation or use of waters of the State whether from a central source or a source located on each subsequently created lot;

A person planning to build any structure or impoundment which will horizontally or vertically move water from its source of natural occurrence;

A person appropriating or using surface water or ground water for domestic heating or cooling.

Agricultural purposes if the average annual use is less than 10,000 gallons per day;

Residential subdivisions of ten or fewer lots if:

Temporary dewatering during construction if:

Domestic uses other than for heating or cooling; or

Extinguishing a fire.

An applicant may not build or operate a structure requiring a permit until the Department has issued the permit.

The applicant shall apply for a permit on forms provided by the Department.

The applicant shall state the specific water use or uses intended under the permit.

Except for applicants proposing to appropriate or use water for agricultural purposes, the applicant shall include the following information with the application:

For persons proposing to appropriate or use water for agricultural purposes, the Department shall work with the applicant to determine:

For each housing subdivision or other construction project which may be completed in phases, the applicant shall state the total ultimate water requirements for total development of the site during the permit period.

If a requested appropriation or use is for more than an annual average of 10,000 gallons per day, the applicant shall comply with the notification requirements in COMAR 26.01.07.03.

If a requested appropriation or use is for more than an annual average of 10,000 gallons per day, the applicant shall certify on a form provided by the Department that water-conserving fixtures associated with the appropriation or use shall conform to the requirements of Business Occupations and Professions Article, §12-205, Annotated Code of Maryland.

The Department may require the applicant to conduct special evaluations, including:

Except for applications that propose to appropriate or use water for agricultural purposes:

If the applicant does not respond within 6 months to the Department's request for additional information, the Department may notify the applicant that the application process has been terminated. To reactivate the closed file, the applicant shall reapply and may be required to submit new or updated evaluations.

The Department shall provide notice and opportunity to submit comments and to request a public informational hearing in accordance with COMAR 26.01.07.03 and .04.

The Department shall conduct public informational hearings in accordance with COMAR 26.01.07.06.

The amount of water to be appropriated is reasonable in relation to the anticipated level of use during the permit period;

The requested appropriation or use does not have an unreasonable impact on:

Except for applications proposing to appropriate or use water for agricultural purposes, the Department, in determining the reasonableness of a proposed appropriation or use, may consider, when appropriate, the following factors:

In determining the reasonableness of a proposed appropriation or use, the Department shall consider, when appropriate, the following factors:

Except for permits issued for the appropriation and use of water for agricultural purposes, the Department may condition approval of a surface water appropriation or use permit on the permittee's provision of low flow augmentation to offset consumptive use during low flow periods to protect other users of the water and to protect the resource.

A surface water appropriation or use may be conditioned on the maintenance, by the permittee, of a required minimum flow past the point of appropriation to protect other users of the water and to protect flora and fauna within the watercourse.

Surface water appropriated or used for non-industrial heating or cooling shall be returned to the watercourse or lake from which it was appropriated.

If the Department determines that a proposed appropriation from a surface water source would unreasonably harm the resource or other users of the resource, the Department may deny the permit and advise the applicant to file a new application for an appropriation from a different source.

Except for applicants proposing to appropriate or use water for agricultural purposes, if an applicant intends to appropriate ground water in unprecedented quantities for purposes not common to a locality, and the appropriation would cause harm to other users by lowering the water table or potentiometric surface below a level which would render the users' wells unusable, the Department may condition the issuance of the ground water appropriation or use permit on payment by the permittee of the cost of improving neighboring facilities or on mitigation of the impact on nearby users.

The Department may not issue a ground water appropriation or use permit if the proposed withdrawal of ground water will directly and substantially affect a watercourse or lake and thereby cause unreasonable harm to a person entitled to the use of water from the affected watercourse or lake.

The Department may not issue a ground water appropriation or use permit for an appropriation from a confined aquifer if the appropriation, either by itself or in combination with existing appropriations, will exceed the sustained yield of the aquifer.

The regional sustained yield potentiometric surface of a confined aquifer may not be lowered below 80 percent of the drawdown available between the top of the aquifer and the historical prepumping level of the potentiometric surface. In this regulation, “regional” means an area in which water is appropriated or used from multiple wells located in a common source, or that location which, as a result of the appropriation, is 50 percent of the distance from a single well to a point where the potentiometric surface is lowered 1 foot, and has stabilized.

The permittee may not place a submersible well pump or water intake part of a well pump lower than the top of the confined aquifer from which the water is being withdrawn.

Appropriation from an Unconfined Aquifer.

The Department may not issue a ground water appropriation or use permit to an applicant proposing to appropriate ground water for a housing subdivision located west of the fall line, if the water is to be obtained from individual wells on each residential lot where the average lot size is less than 1 acre.

The Department may not issue a ground water appropriation or use permit if the proposed appropriation will cause or contribute to the intrusion of saltwater into a freshwater aquifer.

The Department may not issue a ground water appropriation or use permit for non-industrial heating or cooling unless the ground water is returned to the aquifer from which it is withdrawn.

The Department may not issue a permit for a new appropriation or an increase to an existing appropriation of water from a well which draws water from more than one confined aquifer.

If the Department determines that a proposed appropriation from an aquifer would unreasonably harm the aquifer or other users of the aquifer, the Department may deny the permit and advise the applicant to file a new application for an appropriation from a different aquifer.

The permit period shall be 12 years unless the Department determines that a shorter period is appropriate.

A permit shall contain an effective date, an expiration date, and a date the permittee first appropriated water at the site.

A permit shall contain conditions limiting the average daily appropriation or use to a quantity specified by the Department. In addition, a ground water appropriation or use permit shall limit the average daily appropriation during the month of highest use, and a surface water appropriation or use permit shall limit the maximum daily appropriation to quantities specified by the Department.

A permit shall specify the purpose of the appropriation or use and the source and location of the appropriation or use.

A permit shall contain a condition allowing authorized representatives of the Department to have access to the permittee's facilities to conduct reasonable inspections and evaluations necessary to assure compliance with the permit. The permittee shall provide such assistance as may be necessary to effectively and safely conduct the inspections and evaluations.

To renew a permit, the permittee shall file a renewal application with the Department not later than 2 weeks before the expiration date on the permit.

The Department may suspend or revoke a permit for violating the conditions of the permit, the regulations in this chapter, or the provisions of Environment Article, Title 5, Subtitle 5, Annotated Code of Maryland.

A permittee shall obtain a new permit before making a change in appropriation or use which would result in a new use, quantity, source, or place of use.

A permit may not be transferred without the prior written approval of the Department. If approved, the Department shall issue a new permit, which may contain new conditions at the discretion of the Department. A permittee who wants to convey a water appropriation or use permit, and the person who wants to obtain the permit shall each state their intentions in writing to the Department.

The Department may inactivate a permit after written notice to the permittee, if it finds that water is no longer being appropriated or used under that permit.

This section does not apply to permits issued for the appropriation and use of water for agricultural purposes.

The Department shall review an active permit at least once every 3 years, or more frequently at the discretion of the Department. During a permit review, the Department may modify the permit to adjust the quantity of the water a permittee may appropriate or use or add a condition to the permit for resource management purposes, including avoidance or mitigation of unreasonable adverse impacts on public health or the environment.

Except as otherwise provided in COMAR 26.17.07, a permit may contain a condition requiring the permittee to stop or reduce water use when directed to do so by the Department during a drought period or emergency.

Except for subdivisions served by individual domestic wells, a permit issued for an average of 10,000 or more gallons a day shall contain a condition requiring the permittee to report semiannually to the Department the quantity of water appropriated under the permit for each of the preceding 6 months. The Department may require a permittee to report daily use and may require the permittee to install flow-measuring devices.

A ground water appropriation or use permit for an appropriation from a well 4 inches in diameter or larger shall contain a condition requiring that the pumping equipment be installed so that water levels can be measured during pumping and nonpumping periods without dismantling any equipment. Any opening for tape measurements of water levels shall have a minimum inside diameter of 0.5 inch and be sealed by a removable cap or plug. The permittee shall provide a tap for taking raw water samples before water enters a treatment facility, pressure tank, or storage tank.

The Department shall review an active permit at least once every 3 years, or more frequently at the discretion of the Department. During a permit review, the Department may modify the permit or add a condition to the permit for resource management purposes, including avoidance or mitigation of unreasonable adverse impacts on public health or the environment.

Public notice and opportunity for hearing requirements of Environment Article, §5-506, Annotated Code of Maryland, do not apply to the renewal of a water appropriation or use permit for agricultural purposes if no change is intended in the use, quantity, source, and place of use.

Water Use Reporting.

Render a decision to issue, modify, or deny the permit; and

Notify the applicant and persons on the interested persons list of the decision.

Render a decision to issue, modify, or deny the permit within 60 days of the Department's determination that the application is complete, unless extenuating circumstances justify an extension of time; and

Notify the applicant and persons on the interested persons list of the decision.

“Consumptive water use” means that portion of a water withdrawal which, as a result of evaporation, interbasin diversions, or other means, is not returned to the source to be available for subsequent use.

“Department” means the Department of the Environment.

“Low flow augmentation” means the provision of water, through development of new water storage facilities or the purchase of storage space in existing water storage facilities or both, equal to the amount of consumptive use.