Md. Code Regs. 26.08.02.03-4

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

Section 26.08.02.03-4 - Biological Water Quality Criteria

A. Quantitative assessments of biological communities in streams (biological criteria) may be used separately or in conjunction with the chemical and physical criteria promulgated in this chapter to assess whether water quality is consistent with the purposes and uses in Regulations .01 and .02 of this chapter.

B. The results of the quantitative assessments of biological communities shall be used for purposes of water quality assessment, including, but not limited to, those assessments required by §§ 303(d) and 305(b) of the federal Clean Water Act (33 U.S.C. §§ 1313(d) and 1315(b)).

C. These assessments shall use documented methods that have been subject to technical review, produce consistent and repeatable results, and are objectively interpretable.

D. In using biological criteria to determine whether aquatic life uses are being met, the Department shall allow for the uncertainty and natural variability in environmental monitoring results by using established quantitative and statistical methodologies to establish the appropriate level of uncertainty for these determinations.

E. The Department shall determine whether the application and interpretation of the assessment method are appropriate. In those instances where the Department determines the assessment method is not appropriate, it will provide its justification for that determination.

Md. Code Regs. 26.08.02.03-4

Regulation .03-4 adopted effective July 19, 2004 (31:14 Md. R. 1081)