Md. Code Regs. 26.08.09.06

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

Section 26.08.09.06 - Sanitary Quality of Permitted Beaches

A. A sanitary survey shall be performed by the approving authority before a beach is permitted to open.

B. The sanitary quality of a beach is acceptable for use when the sanitary survey discloses that there is no public health risk.

C. The sanitary survey shall evaluate potential sources of pollution which include, but are not limited to:

(1) Discharges from sewage treatment plants, sewage pumping stations, storm drain outfalls, and failing on-site sewage disposal systems;

(2) Natural storm water discharges;

(3) Industrial and commercial discharges;

(4) Agricultural runoff;

(5) Discharges at marinas; and

(6) Concentrated domestic or wild animal populations.

D. Two or more sampling events shall be performed and completed during the 30-day period before the opening of a beach for public use.

E. An operating permit may be issued if a sanitary survey reveals no dangerous sources of pollution and if the microbiological samples collected during the sanitary survey satisfy the Beach Action Value (BAV).

F. When results of the samples show an exceedance of the BAV, a permit may be issued only if it is further determined by the approving authority, after additional sampling and analysis, that the bathing water poses no significant health risk to the bathers.

G. The approving authority shall periodically sample the bathing waters under permit for microbiological quality. Sampling shall be consistent with Regulation .07 of this chapter. All permitted beaches are considered Tier I and shall be monitored at least weekly unless a justification for lower priority is provided by the approving authority. The approving authority may order restrictions, including suspension of the permit and closing of the bathing water to use, as necessary, when the results of the bacterial indicator density exceed the BAV. A permit may be reinstated when the bacterial indicator densities return to acceptable limits.

H. When an emergency health hazard is caused by any dangerous contaminant or condition, the approving authority or the Department may immediately order summarily the suspension of the operating permit and promptly shall provide the permittee written notice of the suspension, the finding and the reasons that support the finding, and an opportunity to be heard.

Md. Code Regs. 26.08.09.06

Regulation .06I adopted as an emergency provision effective April 26, 2000 (27:11 Md. R. 1076); adopted permanently effective May 15, 2000 (27:9 Md. R. 860)
Regulation .06I amended effective April 16, 2001 (28:7 Md. R. 692); amended effective 45:7 Md. R. 347, eff. 4/9/2018