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26.08.09.00.htm 26.08.09.00. Title 26 DEPARTMENT OF THE ENVIRONMENT Subtitle 08 WATER POLLUTION Chapter 09 Public Bathing Beaches Authority: Environment Article, §9-252, 9-313―9-315, and 9-319, Annotated Code of Maryland
26.08.09.01.htm 26.08.09.01. 01 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Approving authority" means the Secretary of the Department of the Environment or the Secretary's designee.2) Beaches.. a) "Beaches" means natural waters, including points of access, used by the public for swimming, bathing, surfing, or other similar water contact activities.b) Beaches are places where people engage in or are likely to engage in activities that could result
26.08.09.02.htm 26.08.09.02. 02 Approval of Plans and Application for Permitted Beaches.. A. An owner or operator shall submit an application for a permit to operate a permitted beach to the approving authority for approval 30 days before the planned opening of the permitted beach.B. Plans.. 1) Plans shall be drawn to scale.. 2) The application shall include the following plans, except as provided in §C, of this regulation:. a) A diagram of the beach area including all buildings;. b) Plans for the bathhouses;.
26.08.09.03.htm 26.08.09.03. 03 Annual Permit for Operation of Permitted Beaches.. A. An owner or operator may not operate or permit the use of a permitted beach without obtaining a written permit from the approving authority.B. The beach shall be served by public sewerage or an approved sewage disposal system. An operating permit may not be issued until a sanitary survey conducted by the approving authority has demonstrated that the beach does not represent a public healC. A permittee shall comply with all:.
26.08.09.04.htm 26.08.09.04. 04 Drinking Water.. An adequate supply of potable drinking water shall be available to bathers at the beach..
26.08.09.05.htm 26.08.09.05. 05 Sanitary Facilities at Permitted Beaches.. A. Toilet facilities shall be provided in accordance with applicable local plumbing codes.. B. The beach shall be served by public sewerage or an approved sewage disposal system. Sewage disposal systems shall comply with COMAR 26.04.02 and COMAR 26.04.03 and all applicable local ordinances.C. Plans for a sewage disposal system to be constructed at any beach shall first be submitted to, and receive the written approval of, the approving a
26.08.09.06.htm 26.08.09.06. 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 faili
26.08.09.07.htm 26.08.09.07. 07 Tiered Monitoring―Applicable Memorial Day Through Labor Day.. A. Prioritization for Monitoring. The approving authority shall maintain a list of all beaches. The monitoring priority for each area shall be based on frequency and nature of use, proximity of pollution sources, and effects of storm events on the waters. The approving authority shall identify each beach as Tier 1 (High Priority) Tier 2 (Medium Priority) or Tier 3 (Low Priority) and provide approp
26.08.09.08.htm 26.08.09.08. 08 Public Notification.. A. When results of the samples show an indicator organism density that exceeds the standards in Regulation .08 of this chapter, the Approving Authority shall issue a public notification unless there is reason to doubt the accuracy or certainty of the first sample. The approving authority shall then resample and, if standards are being exceeded, prompt public notification of the advisory or closure if required. If a known pollution source exists,
26.08.09.09.htm 26.08.09.09. 09 Appeal.. An owner or operator aggrieved by the decision of the Department shall have notice and an opportunity for a hearing in accordance with the provisions of the Administrative Procedure Act and other applicable statutes and regulations. Requests for hearings shall be filed with the Department, Water Management Administration, within 10 days after notification by the Department or the Approving Authority of the opportunity for a hearing.
26.08.09.9999.htm 26.08.09.9999. Administrative History Effective date: May 13, 1991 (18:9 Md. R. 1012). 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) ―. Chapter revised effective July 5, 2004 (31:13 Md. R. 995) ―. Chapter revised effective October 1, 2005 (32:17 Md. R. 1446).
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