Md. Code Regs. 26.08.01.02

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

Section 26.08.01.02 - Principles of Water Pollution Control

A. General. In the exercise of its responsibilities to improve, conserve, and manage the quality of the waters of the State, the Department recognizes and shall utilize the general principles set forth in this regulation for decision making and action.

B. Sampling and Analysis.

(1) Samples shall be collected, and preserved as necessary, using procedures and precautions as specified in "Guidelines Establishing Test Procedures for Analysis of Pollutants" ( 40 CFR 136 ) as amended.

(2) Collections shall be make by trained personnel in such manner and place, and of such type, number, and frequency as to assure that samples:

(a) Are representative of prevailing conditions; and

(b) Will accurately reflect, upon analysis, the effect of any discharges to the waters of the State.

(3) Analysis shall be performed according to procedures and precautions described in the above-mentioned "Guidelines Establishing Test Procedures for Analysis of Pollutants".

C. Waste Load Allocation.

(1) If the Department determines that compliance with the established water quality standards or nutrient control requirements cannot be achieved through the application of best practicable control technology currently available for all industrial discharges and secondary treatment for all sewage discharges within a specific river segment or water region, the Department shall impose additional restrictions in a State Discharge Permit which designate for each point source maximum quantities of wastes which may be discharged to those receiving waters.

(2) In making the necessary allocations and determinations, the Department shall consider the relative contributions of all sources, existing and planned, including non-point sources, required control for point sources, and the potential of control for non-point sources.

D. Best Practicable Control Technology Currently Available. The State shall require the use of best practicable control technology currently available, to achieve a level of water pollution control which produces the least impact on the environment. This technology includes procedures, practices, facilities, equipment, instrumentation, and supplies for which:

(1) Technical and economic feasibility is established to the satisfaction of the Department; and

(2) Conditions and requirements for use have been established by the administrator of the Environmental Protection Agency in accordance with regulations promulgated pursuant to the Federal Water Pollution Control Act, as amended, Title 33, U.S.C.

E. Public Participation.

(1) Although primary responsibility for water quality decision making is vested by law in public agencies at the various levels of government, active public involvement throughout the intergovernmental decision-making process shall be encouraged and utilized to accomplish the objectives of State and federal laws and regulations.

(2) The Department shall made a maximum effort to seek out and involve the interested public both at the preliminary stage and throughout the process of development of regulations, plans, and other program actions.

(3) Public meetings and citizen information and education programs on water quality shall be encouraged and assisted as a legitimate and necessary function of federal and State administration of pertinent laws and regulations.

(4) The major objectives of public participation include greater responsiveness of governmental actions to public concerns and priorities, and improved popular understanding and support of often complex and difficult official programs and actions.

Md. Code Regs. 26.08.01.02

Annotation: Regulations .02 were transferred from the Department of Natural Resources (COMAR 08.05.04) pursuant to Executive Order 01.01.198.04, effective July 1, 1980 (7:13 Md. R. 1277)
Regulation .02 amended effective April 21, 1978 (5:8 Md. R. 593); July 11, 1980 (7:14 Md. R. 1348)