Md. Code Regs. 26.08.02.03 - Surface Water Quality Criteria
A. Applicability.
(1) Surface water quality criteria shall
apply:
(a) In fresh water streams and rivers:
(i) For toxic substances, under the
conditions stipulated in Regulations .03-2A and .05A, and
(ii) Under design stream flow for all other
substances;
(b) In tidal
waters:
(i) For toxic substances, under the
conditions stipulated in Regulations .03-2A and .05A, and
(ii) Under average tidal conditions during
design stream flows for all other substances;
(c) Outside of any mixing zones which may be
designated by the Department.
(2) If the natural water quality of a stream
segment is not consistent with the criteria established for the stream then:
(a) The natural conditions do not constitute
a violation of the water quality standards; and
(b) The water quality to be maintained and
achieved is not required to be substantially different from that which would
occur naturally.
(3)
When coal remining permits are issued under § 301 of the Federal Water
Pollution Control Act (33
U.S.C. §
1311), a variance to the specific
water quality criteria for pH, iron, and manganese in the State's water quality
standards may be given at the discretion of the Department for the duration of
the remining activity. This variance may not be given if there is no
demonstrated potential for improved water quality from the remining operation
and if degradation of existing in-stream conditions is likely to
occur.
B. General Water
Quality Criteria. The waters of this State may not be polluted by:
(1) Substances attributable to sewage,
industrial waste, or other waste that will settle to form sludge deposits that:
(a) Are unsightly, putrescent, or odorous,
and create a nuisance, or
(b)
Interfere directly or indirectly with designated uses;
(2) Any material, including floating debris,
oil, grease, scum, sludge, and other floating materials attributable to sewage,
industrial waste, or other waste in amounts sufficient to:
(a) Be unsightly;
(b) Produce taste or odor;
(c) Change the existing color to produce
objectionable color for aesthetic purposes;
(d) Create a nuisance; or
(e) Interfere directly or indirectly with
designated uses;
(3)
High temperature or corrosive substances attributable to sewage, industrial
waste, or other waste in concentrations or combinations which:
(a) Interfere directly or indirectly with
designated uses, or
(b) Are harmful
to human, animal, plant, or aquatic life;
(4) Acute toxicity from any discharge outside
the mixing zone established under Regulation .05 of this chapter for the
application of acute criteria for protection of aquatic life; and
(5) Toxic substances attributable to sewage,
industrial wastes, or other wastes in concentrations outside designated mixing
zones, which:
(a) Interfere directly or
indirectly with designated uses, or
(b) Are harmful to human, plant, or aquatic
life.
Notes
Regulation .03A and D amended effective December 19, 1983 (10:25 Md. R. 2269)
Regulation .03A amended effective January 2, 1995 (21:26 Md. R. 2195)
Regulation .03B amended effective June 7, 1993 (20:11 Md. R. 917); July 5, 2004 (31:13 Md. R. 995)
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