Md. Code Regs. 26.04.01.01

Current through Register Vol. 51, No. 12, June 14, 2024

Section 26.04.01.01 - Incorporation by Reference

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

B. Terms Defined.

(1) "Action level" means the concentration of a contaminant which, if exceeded, triggers treatment or other requirements which a water system must follow.

(2) "Approving Authority" means the Secretary of the Environment or his designee.

(3) "Best available technology (BAT)" means the best technology, treatment techniques, or other means which the approving authority finds available, after examination for efficacy under field conditions and not solely under laboratory conditions, taking cost into consideration.

(4) "Board" means the State Board of Waterworks and Waste Systems Operators as described in Environment Article, Title 12, Annotated Code of Maryland.

(5) "Clean compliance history" is, for the purposes of subpart Yof ' 40 CFR § 141, a record of no MCL violations under § 141.63; no monitoring violations under § 141.21 or subpart Y; and no coliform treatment technique trigger exceedances or treatment technique violations under subpart Y.

(6) "Combined distribution system" means the interconnected distribution system consisting of the distribution systems of wholesale systems and of the consecutive systems that receive finished water.

(7) "Community water system" means a public water system which serves at least 15 service connections used by year-round residents, or regularly serves at least 25 year-round residents.

(8) "Compliance cycle" means the 9-year calendar year cycle during which public water systems will monitor. Each compliance cycle consists of three 3-year compliance periods. The first calendar year cycle begins January 1, 1993 and ends December 31, 2001, the second begins January 1, 2002 and ends December 31, 2010, the third begins January 1, 2011 and ends December 31, 2019.

(9) "Compliance period" means a 3-year calendar period within a compliance cycle. Each compliance cycle has three 3-year compliance periods. Within the first compliance cycle, the first compliance period runs from January 1, 1993 to December 31, 1995, the second from January 1, 1996 to December 31, 1998, the third compliance period from January 1, 1999 to December 31, 2001. Within the second compliance cycle, the first compliance period runs from January 1, 2002 to December 31, 2004, the second from January 1, 2005 to December 31, 2007, the third compliance period from January 1, 2008 to December 31, 2010.

(10) "Comprehensive performance evaluation (CPE)" means a thorough review and analysis of a treatment plant's performance-based capabilities and associated administrative, operation, and maintenance practices.

(11) "Consecutive system" means a public water system that receives some or all of its finished water from one or more wholesale systems. Delivery may be through a direct connection or through the distribution system of one or more consecutive systems.

(12) "Construction permit" means a permit issued by the Department of the Environment under Environment Article, § 9-204, Annotated Code of Maryland, to authorize installation of a water system.

(13) "Contaminant" means any physical, chemical, biological, or radioactive substance in drinking water.

(14) "Conventional filtration treatment" means a series of processes including coagulation, flocculation, sedimentation, and filtration resulting in substantial particulate removal.

(15) "Coverage ratio" means the ratio of the sum of the annual net operating profit for 5 years to the sum of the annual debt service requirements for 5 years.

(16) Direct Filtration.

(a) "Direct filtration" means a series of processes resulting in substantial particulate removal.

(b) "Direct filtration" includes coagulation and filtration.

(c) "Direct filtration" does not include sedimentation.

(17) "Disinfectant" means any oxidant, including but not limited to chlorine, chlorine dioxide, chloramines, and ozone, added to the water in any part of the treatment or distribution process, that is intended to inactivate pathogenic microorganisms.

(18) "Disinfection profile" means a graphical representation of a water system's level of Giardia lamblia or virus inactivation measured during the course of a year.

(19) "Dose-equivalent" means the product of the absorbed dose from ionizing radiation and such factors as account for differences in biological effectiveness due to the type of radiation and its distribution in the body as specified by the International Commission on Radiological Units and Measurements (ICRU).

(20) "Enhanced coagulation" means the addition of sufficient coagulant for improved removal of disinfection byproduct precursors by conventional filtration treatment.

(21) "Enhanced softening" means the improved removal of disinfection byproduct precursors by precipitative softening.

(22) "Filter profile" means a graphical representation of individual filter performance, based on continuous turbidity measurements or total particle counts versus time for an entire filter run, from startup to backwash inclusive, that includes an assessment of filter performance while another filter is being backwashed.

(23) "GAC10" means granular activated carbon filter beds with an empty-bed contact time of 10 minutes based on average daily flow and a carbon reactivation frequency of every 180 days, except that the reactivation frequency for GAC10 used as a best available technology for compliance with Regulation .15-2 of this chapter shall be 120 days.

(24) "GAC20" means granular activated carbon filter beds with an empty-bed contact time of 20 minutes based on average daily flow and a carbon reactivation frequency of every 240 days.

(25) "Gross alpha particle activity" means the total radioactivity due to alpha particle emission as inferred from measurements on a dry sample exclusive of the contribution, if any, due to radon and uranium.

(26) "Gross beta particle activity" means the total radioactivity due to beta particle emission as inferred from measurements on a dry sample exclusive of the contribution, if any, due to potassium-40 and other naturally occurring radionuclides.

(27) "Ground water under the direct influence of surface water (GWUDI)" means any water beneath the surface of the ground with:

(a) Significant occurrence of insects or other macroorganisms, algae, or large diameter pathogens such as Giardia lamblia or Cryptosporidium; or

(b) Significant and relatively rapid shifts in water characteristics such as turbidity, temperature, conductivity, or pH which closely correlate to climatological or surface water conditions.

(28) "Haloacetic acids (five) (HAA5)" mean the sum of the concentrations in milligrams per liter of the haloacetic acid compounds (monochloroacetic acid, dichloroacetic acid, trichloroacetic acid, monobromoacetic acid, and dibromoacetic acid, rounded to 2 significant figures after addition.

(29) "Halogen" means one of the chemical elements chlorine, bromine, or iodine.

(30) "Initial compliance period" means the first full 3-year compliance period which begins at least 18 months after promulgation of a regulation under 40 CFR 141, with the exception that for contaminants listed in Regulations .06A(1), (5), (8), (11), and (16) and .07D(19)-(21) and E(16)-(30) of this chapter, the initial compliance period means January 1, 1993-December 31, 1995 for systems with 150 or more service connections, and January 1, 1996-December 31, 1998 for systems having fewer than 150 service connections.

(31) "Lead-free" means:

(a) Containing not more than a weighted average of 0.25 percent lead when used with respect to the wetted surface of pipes, pipe fitting, plumbing fittings, and fixtures; and

(b) Not containing more than 0.2 percent lead when used with respect to solder and flux.

(32) "Level 1 assessment" is an evaluation to identify the possible presence of sanitary defects, defects in distribution system coliform monitoring practices, and (when possible) the likely reason that the system triggered the assessment. It is conducted by the system operator or owner. Minimum elements include review and identification of a typical events that could affect distributed water quality or indicate that distributed water quality was impaired; changes in distribution system maintenance and operation that could affect distributed water quality (including water storage); source and treatment considerations that bear on distributed water quality, where appropriate (e.g., whether aground water system is disinfected); existing water quality monitoring data; and inadequacies in sample sites, sampling protocol, and sample processing. The system must conduct the assessment consistent with any State directives that tailor specific assessment elements with respect to the size and type of the system and the size, type, and characteristics of the distribution system.

(33) "Level 2 assessment" is an evaluation to identify the possible presence of sanitary defects, defects in distribution system coliform monitoring practices, and (when possible) the likely reason that the system triggered the assessment. A Level 2 assessment provides a more detailed examination of the system (including the system's monitoring and operational practices) than does a Levell assessment through the use of more comprehensive investigation and review of available information, additional internal and external resources, and other relevant practices. It is conducted by an individual approved by the State, which may include the system operator. Minimum elements include review and identification of atypical events that could affect distributed water quality or indicate that distributed water quality was impaired; changes in distribution system maintenance and operation that could affect distributed water quality (including water storage); source and treatment considerations that bear on distributed water quality, where appropriate (e.g., whether a ground water system is disinfected); existing water quality monitoring data; and inadequacies in sample sites, sampling protocol, and sample processing. The system must conduct the assessment consistent with any State directives that tailor specific assessment elements with respect to the size and type of the system and the size, type, and characteristics of the distribution system. The system must comply with any expedited actions or additional actions required by the State in the case of an E. coli MCL violation.

(34) "Man-made beta particle and photon emitters" means all radionuclides emitting beta particles and/or photons listed in Maximum Permissible Body Burdens and Maximum Permissible Concentration of Radionuclides in Air or Water for Occupational Exposure, NBS Handbook 69, except the daughter products of thorium-232, uranium-235, and uranium-238.

(35) "Maximum contaminant level (MCL)" means the maximum permissible level of a contaminant in water which is delivered to the users of a public water system. In the case of turbidity, the maximum permissible level is measured at the point of entry to the distribution system. Materials added to the water under circumstances controlled by the consumer are excluded from this definition. Materials resulting from corrosion of piping and plumbing caused by water quality are not excluded from this definition.

(36) "Maximum contaminant level goal (MCLG)" means the maximum level of a contaminant in drinking water at which no known or anticipated adverse effects on the health of persons would occur, and which allows an adequate margin of safety. Maximum contaminant level goals are nonenforceable health goals.

(37) "Maximum residual disinfectant level (MRDL)" means a level of a disinfectant added for water treatment that may not be exceeded at the consumer's tap without an unacceptable risk of adverse health effects. The disinfectants include chlorine, chloramines, and chlorine dioxide.

(38) "Maximum residual disinfectant level goal (MRDLG)" means the maximum level of a disinfectant added for water treatment at which no known or anticipated adverse effect on the health of individuals occurs, and which allows an adequate margin of safety. MRDLGs are nonenforceable health goals and do not reflect the benefit of the addition of the chemical for control of water-borne microbial contaminants.

(39) "Maximum total trihalomethane potential (MTP)" means the maximum concentration of total trihalomethanes produced in a given water sample containing a halogen disinfectant residual after 7 days at a temperature of 25°C or above.

(40) "Near the first service connection" means within the first 20 percent of connections that receive finished water from the treatment plant, as measured by water transport time within the distribution system.

(41) "Net operating profit" means the total of the operating profit and the nonoperating revenue.

(42) "New system" means a community water system or a nontransient noncommunity water system that commences operation after October 1, 1999.

(43) "Noncommunity water system" means a public water system that does not meet the requirements of §B(5) of this regulation. These systems serve motels, hotels, medical facilities, restaurants, schools, industrial plants, and similar facilities not connected to a community water system.

(44) "Nontransient noncommunity water system (NTNCWS)" means a public water system that is not a community water system and that regularly serves at least 25 of the same individuals over 6 months per year.

(45) "Operating profit" means the total of the operating revenue minus operating expenses.

(46) "Operating ratio" means the ratio of the sum of the annual operating revenues for 5 years to the sum of the annual operating, maintenance, and replacement expenses for 5 years.

(47) "Person" means the State, a federal agency, county, municipality, partnership, corporation, cooperative, company, sanitary district, sanitary commission, authority, institution, or individual.

(48) "Picocurie (pCi)" means that quantity of radioactive material producing 2.22 nuclear transformations per minute.

(49) "Plan for compliance" means a schedule of actions that is submitted by the violator and is approved by the Approving Authority.

(50) "Point-of-entry treatment device (POE)" is a treatment device applied to the drinking water entering a house or building for the purpose of reducing contaminants in the water distributed throughout the house or building.

(51) "Point-of-use treatment device (POU)" is a treatment device applied to a single tap used for the purpose of reducing contaminants in drinking water at that one tap.

(52) Public Water System.

(a) "Public water system" means a system that provides water for human consumption to the public through pipes or other constructed conveyances, if the system has at least 15 service connections or regularly serves at least 25 individuals daily at least 60 days out of the year.

(b) "Public water system" includes:

(i) Any collection, treatment, storage, and distribution facilities under control of the operator of the system, and used primarily in conjunction with the system; and

(ii) Any collection or pretreatment storage facilities not under that control which are used primarily in connection with the system.

(c) "Public water system" does not include any special irrigation districts as defined in 40 CFR § 141.2.

(53) "Rem" means the unit of dose-equivalent from ionizing radiation to the total body or any internal organ or organ system. A millirem (mrem) is 1/1000 of a rem (0.001 rem).

(54) "Repeat compliance period" means any subsequent compliance period after the initial compliance period.

(55) "Reportable incident" means any occurrence in the operation, maintenance, repair, or extension of a water supply system or its appurtenances that causes a permanent or temporary change that may adversely affect the quality or quantity of water supplied to the users of the system.

(56) "Sampling point" means each entry point to the distribution system which is representative of each well after treatment where ground water sources are used, or, where surface water sources are used, each entry point to the distribution system after any application of treatment or a point in the distribution system which is representative of each source after treatment.

(57) "Sanitary defect" is a defect that could provide a pathway of entry for microbial contamination into the distribution system or that is indicative of a failure or imminent failure in a barrier that is already in place.

(58) "Sanitary survey" means an on-site review of the water source, facilities, equipment, operation and maintenance of a public water system for the purpose of evaluating the adequacy of the system for producing and distributing safe drinking water.

(59) "Seasonal system " is a noncommunity -water system that is not operated as a public -water system on a year-round basis and starts up and shuts down at the beginning and end of each operating season.

(60) Service Connection.

(a) "Service connection" means a connection to a water system.

(b) "Service connection" does not include a connection to a system that delivers water by a constructed conveyance other than a pipe if:

(i) The water is used exclusively for purposes other than residential uses, consisting of drinking, bathing, cooking, or other similar uses;

(ii) The State determines that alternative water to achieve the equivalent level of public health protection provided by the national primary drinking water regulations is provided for residential or similar uses for drinking and cooking; or

(iii) The State determines that the water provided for residential or similar drinking, cooking, and bathing is centrally treated or treated at the point of entry by the provider, a pass-through entity, or the user to achieve the equivalent level of protection provided by the applicable national primary drinking water regulations.

(61) "Standard sample" means the aliquot of finished drinking water that is examined for the determination of the maximum contaminant level.

(62) "Subpart H systems" means public water systems using surface water or ground water under the direct influence of surface water as a source that are subject to the requirements of Subpart H of 40 CFR § 141.

(63) "Superintendent" means an individual employed or appointed in accordance with Environment Article, Title 12, Annotated Code of Maryland, and certified by the Board to be in responsible charge of the operation of a water supply system.

(64) "Supplier of water" means any person who owns or operates a public water system.

(65) "SUVA" means specific ultraviolet absorption at 254 nanometers (nm), an indicator of the humic content of water. It is a calculated parameter obtained by dividing a sample's ultraviolet absorption at a wavelength of 254 nm (UV254) (in m-1) by its concentration of dissolved organic carbon (DOC) in milligrams per liter (mg/l).

(66) "Too numerous to count" means that the total number of bacterial colonies exceeds 200 on a 47-millimeter diameter membrane filter used for coliform detection.

(67) "Total organic carbon (TOC)" means total organic carbon in milligrams per liter (mg/l) measured using heat, oxygen, ultraviolet irradiation, chemical oxidants, or combinations of these oxidants that convert organic carbon to carbon dioxide, rounded to 2 significant figures.

(68) "Total trihalomethanes (TTHM)" means the sum of the concentrations in milligrams per liter of the trihalomethane compounds trichloromethane (chloroform), dibromochloromethane, bromodichloromethane, and tribromomethane (bromoform), rounded to two significant figures.

(69) "Transient noncommunity water system (TWS)" means a noncommunity water system that does not regularly serve at least 25 of the same individuals over 6 months per year.

(70) "Treatment technique" means a required process intended to reduce the level of a contaminant which, if exceeded, triggers treatment or other requirements which a water system must follow.

(71) "Trihalomethane (THM)" means a family of organic compounds, derived from methane, wherein three of the four hydrogen atoms in methane are each substituted by a halogen atom in the molecular structure.

(72) "Uncovered finished water storage facility" means a tank, reservoir, or other facility used to store water that will undergo no further treatment to reduce microbial pathogens, except residual disinfection, and is directly open to the atmosphere.

(73) "Variance" means a legal change issued by the Approving Authority in the requirements for a public water system to comply with an MCL to a supplier of water because of the following:

(a) The poor quality of raw water and the lack of a suitable alternative supply;

(b) The treatment methods generally available have not resulted in compliance with an MCL; and

(c) All other reasonable technological, economic, and legal efforts to comply with an MCL have been made.

(74) "Virus" means a virus of fecal origin which is infectious to humans by waterborne transmission.

(75) "Waterborne disease outbreak" means the significant occurrence of acute infectious illness, epidemiologically associated with the ingestion of water from a public water system which is deficient in treatment, as determined by the Approving Authority.

(76) "Wholesale system" means a public water system that treats source water as necessary to produce finished water and then delivers some or all of that finished water to another public water system. Delivery may be through a direct connection or through the distribution system of one or more consecutive systems.

Md. Code Regs. 26.04.01.01

Regulations .01 amended effective August 10, 1987 (14:16 Md. R. 1774)
Regulation .01B amended effective December 21, 1992 (19:25 Md. R. 2208)
Regulation .01B amended effective October 4, 1999 (26:20 Md. R. 1548); October 16, 2000 (27:20 Md. R. 1842)
Regulation .01B amended effective April 25, 2005 (32:8 Md. R. 743); December 14, 2009 (36:25 Md. R. 1956); amended effective 43:17 Md. R. 957, eff. 8/29/2016