Md. Code Regs. 26.08.04.09

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

Section 26.08.04.09 - General Discharge Permits

A. General Discharge Permit for Storm Water Discharge Associated with Construction Activity.

(1) Exception. Construction activity excluded under the Federal Act and regulated under COMAR 26.09.02 is not covered under this general permit.

(2) Activities Covered. Activities covered under this general permit are new and existing storm water discharges that are composed in whole or in part of discharges associated with construction activity as regulated under the Federal Act and Environment Article, Title 4, Subtitles 1 and 2, Annotated Code of Maryland.

(3) Need for Additional Permits. Storm water discharges which result from the completed construction authorized under this regulation may require additional authorization under other general permit regulations or an individual permit.

(4) Application. Before the initiation of an activity covered under this permit, an applicant shall make application to the Department, including the payment of any fees.

(5) Specific Requirements. A permittee shall comply with requirements to obtain approval for:

(a) Erosion and sediment control plans required under Environment Article, Title 4, Subtitle 1, Annotated Code of Maryland; and

(b) Storm water management plans required under Environment Article, Title 4, Subtitle 2, Annotated Code of Maryland.

B. General Discharge Permit for Storm Water Discharges Associated with Industrial Activity.

(1) Exceptions. The following activities are not regulated under this general permit:

(a) Industrial storm water discharges with federal effluent guideline limitations;

(b) Storm water discharges associated with industrial activity from inactive mining or inactive oil and gas operations occurring on federal lands; and

(c) Storm water discharges for which the:

(i) NPDES permit has expired, has been terminated, or has been denied; or

(ii) Department requires an individual permit or a different general permit.

(2) Activities Covered. Existing storm water discharges that are comprised in whole or in part of storm water runoff associated with industrial activity are covered.

(3) Application. After the effective date of this regulation, an applicant shall make application to the Department, including the payment of any fees, for any existing or new discharge.

(4) Specific Requirements. Storm water discharge associated with industrial activity shall comply at all times with the provisions of:

(a) Environment Article, Title 7, Subtitle 2, Annotated Code of Maryland;

(b) Environment Article, Title 9, Subtitle 3, Annotated Code of Maryland; and

(c) The Federal Act.

C. General Permits for Municipal Separate Storm Sewer Systems.

(1) Definitions. "Municipal separate storm sewer systems" means systems that convey storm water runoff from municipalities as defined in the Federal Act or as designated by the Department in accordance with the Federal Act.

(2) Required Permits. The Department shall promulgate general permits as necessary to meet the requirements of the Federal Act, including permits for:

(a) Municipal separate storm sewer systems required to be permitted under the Federal Act; and

(b) Those systems designated by the Department in accordance with the Federal Act.

D. Specific Requirements for Landfills Designed for Natural Attenuation of Leachate with No Discharge to Surface Waters other than Storm Water Run-off.

(1) Landfills designed to achieve natural attenuation of leachate shall be designed, constructed, and operated in accordance with the specific provisions included in a permit issued by the Department pursuant to Environment Article, § 9-204, Annotated Code of Maryland.

(2) Storm water control systems at landfills are regulated through the general permit provisions specified in Regulation .08C(1) of this chapter.

E. Specific Requirements for Subsurface Sewage Disposal Systems.

(1) Subsurface sewage disposal systems shall include, but are not limited to, septic systems or aerated septic systems with appurtenant seepage pits or trenches, seepage pits, mound systems, or other disposal systems approved by the Department.

(2) The systems shall be designed, installed, and maintained in accordance with the specific conditions included in the permit issued pursuant to Environment Article, Title 9, Subtitle 5, Annotated Code of Maryland, and COMAR 26.04.02.

F. Ground Water Heat Pumps.

(1) Persons operating or planning to install a ground water heat pump not authorized by a separate State discharge permit shall, upon request of the Department, provide information concerning the system as installed or planned to be installed. The information shall include a map or sketch of the site, indicating the location of the source well, the discharge point or well, the well permit number or numbers, and, if appropriate, the name of the receiving streams. This information may be submitted to the Department through the local county health department.

(2) All permittees shall obtain a ground water appropriation permit from the Water Resources Administration and shall comply with all terms and conditions of that permit.

(3) All permittees shall obtain a well construction permit from the Department or, if appropriate, the responsible county agency.

G. Grading or Filling Activities Not Otherwise Regulated by the Department. If applicable, permittees shall obtain a permit or license issued pursuant to the Natural Resources Article, §§8-803, 9-202, or 9-306, Annotated Code of Maryland.

H. General Discharge Permit for Surface Coal Mines and Related Facilities.

(1) Exceptions. The following discharges are not covered under this general permit:

(a) Discharges of toxic substances which exceed State water quality criteria for toxic substances;

(b) Discharges which elevate temperature in Use III, Use III-P, Use IV, and Use IV-P streams;

(c) Discharges of acid mine drainage from mine reclamation areas;

(d) Discharges from coal mines commingled with other sources of wastewater, particularly wastes from underground mines; and

(e) Discharges from underground coal mines.

(2) Eligible Discharges. This permit covers all new and existing discharges of storm water runoff and ground water seepage to surface waters of this State from:

(a) Surface coal mines, including active mining areas, access roads, coal storage, and loading areas (tipples);

(b) Independent coal storage and loading areas (tipples);

(c) Coal preparation plants; and

(d) Reclamation areas.

I. General Discharge Permit for Seafood Processors.

(1) Exceptions. A discharge permit is not required for outdoor crab shedding operations.

(2) Eligible Discharges. This permit covers the following new and existing discharges:

(a) Wastewater from blue crab, oyster, and fish processing operations such as cleaning, preparing, and packing;

(b) Auxiliary discharges, which are limited to noncontact cooling water, ice machine drainage, steam or cooling coil condensate, and inside crab shedding tray overflow; and

(c) Storm water runoff from processing or material handling.

J. General Discharge Permit for Mineral Mines, Quarries, Borrow Pits, and Concrete and Asphalt Plants.

(1) Exceptions. This permit may not cover the following discharges:

(a) Discharges from coal mines and associated facilities as regulated under 40 CFR 434 ; and

(b) Discharges from industrial sand facilities that utilize HF flotation as regulated by 40 CFR § 436.40.

(2) Eligible Discharges. This permit covers all new and existing discharges of:

(a) Infiltrated ground water pumped from mines to surface waters;

(b) Wastewater from material processing to surface or ground waters;

(c) Stormwater runoff to surface waters from mine sites (facilities classified within Standard Industrial Classifications 10 and 14), concrete plants (facilities classified within Standard Industrial Classification 32), and asphalt plants (facilities classified within Standard Industrial Classification 29);

(d) Stormwater runoff to surface waters from industrial activities co-located or appurtenant to a permitted activity specified in §J(2)(c) of this regulation;

(e) Wastewater from washing mixer trucks and concrete mixing equipment to surface or ground waters;

(f) Miscellaneous wastewater from spillage at ready-mix plants to surface or ground waters; and

(g) Wastewater from hydrodemolition to ground waters.

K. General Discharge Permit for Dewatering, Hydrostatic Testing, and Groundwater Remediation.

(1) Exceptions. This permit may not cover the following discharges:

(a) Discharges of any type from oil terminals;

(b) Tank bottom wastewater discharges to ground waters of the State;

(c) Wastewater from the washing of chemical and petroleum storage tanks, pipes, and pipelines; and

(d) Wastewater discharges to ground water that, before treatment, contain concentrations of benzene, lead, or other substances in excess of toxicity characteristic leaching procedure (TCLP) concentrations as defined in COMAR 26.13.02.14.

(2) Eligible Discharges. This general permit covers all new and existing discharges of:

(a) Treated tank bottom wastewater from storage tanks used only for gasoline, kerosene, fuel oil, no. 6 oil, or aviation fuel to surface waters;

(b) Wastewater from the flushing or hydrostatic testing of pipes, pipelines, or tanks, or wastewater from pipeline infiltration;

(c) Water in excess of 10,000 gallons per day as a monthly average from the overflow, flushing, or dewatering of reservoirs, tanks, or pipelines used for the storage or delivery of untreated water;

(d) Wastewater from cleaning or dewatering of vessels or structures used to store or convey potable water;

(e) Storm water discharges from storage tank containment structures;

(f) Emergency discharges of potable water;

(g) Extracted water from an aquifer test;

(h) Wastewater from construction dewatering;

(i) Foundation drainage which has been treated for any contaminants; and

(j) Air stripping, activated carbon adsorption, or equivalently treated wastewater from groundwater remediation sites not covered by the General Discharge Permit of Treated Ground Water From Oil Contaminated Ground Water Sources to Surface or Ground Waters of the State.

L. General Discharge Permit for Swimming Pools and Spas.

(1) Exceptions. This permit does not cover sanitary wastewater discharges associated with swimming pool and spa operations.

(2) Eligible Discharges. This permit covers discharges of filter backwash, cleaning water, overflow, and drainage from lowering or emptying a public or private pool or spa to surface or ground water.

M. General Discharge Permit for Marinas.

(1) Exceptions. This permit does not cover the following discharges:

(a) Storm water discharges that have shown, or may be reasonably expected to contribute to, a violation of a water quality standard;

(b) Storm water discharges for which the Department requires an individual permit or an alternative general permit; and

(c) Sanitary wastewater discharges.

(2) Eligible Discharges.

(a) This permit covers the following discharges from marinas and boat maintenance facilities:

(i) Storm water runoff to surface waters from areas involved in boat maintenance including boat rehabilitation, mechanical repairs, painting, and fueling, and boat or equipment cleaning operations;

(ii) Wastewater discharges to surface or ground waters from washing of boats and boat equipment; and

(iii) Noncontact cooling water discharges such as from ice machines, refrigeration units, and other machinery to surface waters.

(b) The discharge of 10,000 gallons per day or less of noncontact cooling water to ground water does not require a permit.

N. General Discharge Permit for Animal Feeding Operations.

(1) Exceptions.

(a) In locations or circumstances in which the Department concludes in its sole discretion that this general discharge permit does not adequately protect State waters, the Department may require a person otherwise eligible for this permit to apply for and obtain an individual discharge permit.

(b) Large duck CAFOs with liquid manure handling systems are not eligible for coverage under this general permit.

(2) Eligible Discharges. This permit covers:

(a) Discharges from a CAFO;

(b) Discharges from a MAFO; and

(c) Discharges from an AFO that utilizes a spray irrigation system for application of liquid wastewater to the soil surface.

(3) Public Process for CAFOs and MAFOs.

(a) A NOI submitted by an AFO is subject to the public participation process described in this subsection.

(b) "Plan" or "required plan" in this section means a CNMP, NMP, or conservation plan.

(c) Notwithstanding Regulation .01-1E of this chapter, publication of public notices or public notification required by this regulation may be accomplished by posting on the Department's web site at www.mde.state.md.us.

(d) The Department shall notify the public upon receipt of a NOI or a required plan by posting relevant information, including but not limited to facility name, location, size, type of operation, and date and type of document received, on the Department's web site.

(e) The Department may require an applicant to place a copy of the NOI and required plans in the main branch of the public library, in the county in which the AFO is located, for the duration of any related public comment period.

(f) The Department shall make available for review and copying an applicant's NOI and required plans in accordance with Regulation .01-1E(6) and (7) of this chapter.

(g) The Department shall review the NOI and required plans and, based upon this review, determine whether they satisfy the requirements of the general permit.

(h) When additional information is necessary to complete the NOI or to clarify, modify, or supplement previously submitted material, the Department may request that information from the permit applicant.

(i) If the Department determines that the plans satisfy the requirements of the general permit, the Department shall prepare a preliminary approval identifying the terms of the plans that satisfy the general permit requirements.

(j) The Department shall publish public notice of a preliminary approval of the required plans in accordance with §N(3)(c) of this regulation. The notice shall provide for a period of 30 days for public comment and shall specify how to review and copy the preliminary approval, NOI, and the required plans. For a CAFO, the notice shall also specify the procedure for making a written request for a public hearing regarding the preliminary approval of the terms of the required plans.

(k) Public Hearing.

(i) The Department shall schedule a public hearing on the preliminary approval for a CAFO when a written request for a public hearing is made within 20 days of the publication of notice of the preliminary approval.

(ii) The Department may, at its discretion, schedule a public hearing on the preliminary approval for a MAFO or a CAFO.

(iii) A public hearing regarding the Department's preliminary approval of the required plans shall follow the same procedures as those applicable to public hearings on tentative determinations set forth in Regulation .01-2B(5) and (6) of this chapter.

(l) Final Approval of Required Plans.

(i) The Department shall prepare and provide notice of its final approval of the required plans following the same procedures as those applicable to final determinations set forth in Regulations .01-3A and B of this chapter.

(ii) Notwithstanding Regulation .08K(1) of this chapter, a person aggrieved by the Department's final approval of the required plans may request a contested case hearing.

(iii) The form and content of a request for a contested case hearing shall be consistent with Regulation .08K(2) and (3) of this chapter. A contested case hearing conducted under this paragraph shall be limited to contesting the terms of the approved plans.

(iv) When the Department grants final permit coverage to an AFO, the terms of the plans, as revised by the Department, are enforceable under the terms and conditions of the general permit.

(v) The Department shall notify the AFO owner or operator of the terms and conditions of the plans that are approved by the Department and enforceable under the permit.

(m) A MAFO that has submitted a complete NOI and all required plans may operate under the terms of the general permit pending the outcome of the public participation process and any contested case hearing, unless the Department determines that an unacceptable threat to public health, water quality, or aquatic resources may occur.

(n) Revisions to Approved Plans. The Department shall follow the public participation procedures of this subsection when an AFO proposes a revision to its approved plans that is significant, as determined by the Department, or for a CAFO as specified under the Federal Act.

(o) Interested Persons.

(i) The Department shall maintain a list of persons who have requested direct notification of an NOI and related plan submittals, either for a specific AFO or for a geographic location or area.

(ii) Upon receipt of a complete NOI or a corresponding required plan, the Department shall notify the interested persons either by electronic mail or U.S. mail that a document of potential interest has been received and that additional details may be available on the MDE web site.

(iii) The Department shall provide a copy of the public notice of the preliminary approval in §N(3)(i) of this regulation to interested persons and provide them access to a copy of the preliminary approval via electronic mail or U.S. mail or through providing a link to the Department's web site.

(iv) The Department shall also provide a copy of the notice of the preliminary approval to the persons identified in Regulation .01-2B(3)(a) and (b) of this chapter.

(p) Requests for confidential treatment of information shall be handled according to Regulation .01-1E(8) of this chapter.

(q) This subsection does not affect the authority and discretion of the Department to require an individual permit.

O. Storm Water and Hydrostatic Test Water from Oil Terminals.

(1) Exceptions. This permit does not cover discharges:

(a) Of industrial process wastewater from oil terminals or hydrostatic test water from non-oil terminals; or

(b) From oil terminals with a total aggregate tank capacity of at least 5 million gallons of oil which have marine or pipeline transfer capabilities.

(2) Eligible Discharges. This permit covers all new and existing discharges of storm water from storage tank dike and loading rack areas and hydrostatic test water from oil terminals to surface or ground waters of the State.

P. Treated Ground Water from Oil-Contaminated Ground Water Sources.

(1) Exceptions. This permit does not cover discharges of treated ground water contaminated with other volatile organic compounds or hazardous material (such as, but not limited to, TCE, TCA, DCE) other than oil.

(2) Eligible Discharges. This permit covers all new and existing discharges of treated ground water from oil-contaminated ground water sources which discharge to surface or ground waters of the State.

Md. Code Regs. 26.08.04.09

Regulation .09 amended effective September 27, 1993 (20:19 Md. R. 1473)
Regulation .09H adopted effective October 24, 1994 (21:21 Md. R. 1815)
Regulation .09I-K adopted effective July 31, 1995 (22:15 Md. R. 1122)
Regulation .09K amended effective September 29, 2014 (41:19 Md. R. 1082)
Regulation .09L-N adopted effective December 16, 1996 (23:25 Md. R. 1786)
Regulation .09N amended effective January 12, 2009 (36:1 Md. R. 24)
Regulation .09O, P adopted effective April 7, 1997 (24:8 Md. R. 617)
Regulation .09-1 adopted effective September 27, 1993 (20:19 Md. R. 1473)
Regulation .09-1A, C amended and K adopted effective April 7, 1997 (24:8 Md. R. 617)
Regulation .09-1B amended effective October 24, 1994 (21:21 Md. R. 1815); July 31, 1995 (22:15 Md. R. 1122)
Regulation .09-1C amended effective February 14, 1994 (21:3 Md. R. 197); October 20, 1997 (24:21 Md. R. 1453)
Regulation .09-1C amended as an emergency provision effective March 1, 2003 (30:6 Md. R. 417); amended permanently effective June 23, 2003 (30:12 Md. R. 792)
Regulation .09-1D adopted effective October 24, 1994 (21:21 Md. R. 1815)
Regulation .09-1D amended effective February 21, 2000 (27:3 Md. R. 327)
Regulation .09-1E-G amended effective August 21, 2000 (27:16 Md. R. 1526)
Regulation .09-1G amended effective September 29, 2014 (41:19 Md. R. 1082)
Regulation .09-1H-J adopted effective December 16, 1996 (23:25 Md. R. 1786)
Regulation .09-1J amended effective January 12, 2009 (36:1 Md. R. 24)
Regulation .09 amended effective 42:23 Md. R. 1435, eff.11/23/2015