26.04.04.30

.30 Approval of Well for Use as Potable Water Supply.

A. When Certificate of Potability Required.

(1) A person may not put into service a well or water supply system that may be used for human consumption unless the Approving Authority has first issued a Certificate of Potability for the well.

(2) This section does not apply to any well that is not used as a potable water supply.

(3) If a well is later converted from a nonpotable water supply well to a potable water supply well, the well shall:

(a) Meet the requirements of §B of this regulation; and

(b) Be approved by the Approving Authority.

(4) Before a standby well can be used as a potable water source, the owner shall obtain a Certificate of Potability for the well.

B. Certificate of Potability. The Approving Authority may issue a Certificate of Potability if a well meets the following criteria:

(1) The well has been constructed in accordance with this chapter;

(2) The well has been constructed in accordance with any permit special condition;

(3) The well meets the yield requirements of this chapter;

(4) The well completion report has been submitted in accordance with Regulation 29 of this chapter;

(5) The well identification tag is affixed to the well; and

(6) The well meets the requirements, as applicable, for a public water supply system under §C of this regulation or a nonpublic potable water supply system under §D of this regulation.

C. A well for a public water supply system shall:

(1) Be approved by the Department; and

(2) Meet the requirements of COMAR 26.04.01.

D. A well for a nonpublic potable water supply system, upon sampling and testing by the Approving Authority, shall meet the following limits:

(1) Bacteriological, which means that:

(a) The well water has tested negative for the presence of coliform bacteria for two consecutive samples collected at least 24 hours apart; and

(b) The water samples were analyzed following procedures approved for use in accordance with COMAR 26.08.05; and

(2) Chemical and physical, which means that:

(a) A well water sample meets the maximum contaminant limits of COMAR 26.04.01 for Nitrate-nitrogen; and

(b) A well water sample meets the turbidity standards as specified under Regulation .16E of this chapter.

E. Additional analyses of the water may be required by the Approving Authority if it has reason to believe that constituents may be present in amounts that may be adverse to human health.

F. Potable water contaminant standards for nonpublic potable water supply systems shall be the maximum contaminant levels for potable water adopted by the US EPA and listed in 40 CFR §141 Subpart G as amended.

G. Issuance of Interim Certificate of Potability.

(1) The Approving Authority may issue an Interim Certificate of Potability if the well meets the following:

(a) The most recent bacteriological sample from the well has tested negative for the presence of coliform bacteria; and

(b) The water sample from the well meets the chemical and physical water quality standards of §§D(1) and (2), and F of this regulation.

(2) A water system may be put into service with an Interim Certificate of Potability.

(3) The subsequent water sample shall be collected within 6 months of the date of the first water sample and if this water sample is negative for coliform bacteria, a Certificate of Potability may be issued for the water system.

(4) The Approving Authority may impose special conditions on an Interim Certificate of Potability.

H. Wells Failing to Meet Requirements for Certificate of Potability.

(1) The Approving Authority may grant additional time for a well failing Certificate of Potability requirements to be brought into compliance with this chapter.

(2) Except for those wells granted a permanent deviation in accordance with §J of this regulation, wells that cannot be brought into compliance with this chapter shall be abandoned and sealed.

(3) If, in the opinion of the Approving Authority, the results of the analysis required in this regulation indicate that constituents are present in amounts that may be adverse to human health or safety, a Certificate of Potability may not be issued.

I. Special Conditions. The Approving Authority may impose special conditions on a Certificate of Potability.

J. Granting of Permanent Deviation.

(1) The Approving Authority, as a special condition, may grant a permanent deviation to the Certificate of Potability to install an adequate:

(a) Water disinfection device;

(b) Nitrate removal device;

(c) Naturally occurring radionuclide removal device; or

(d) Water treatment device for any naturally occurring inorganic contaminant that exceeds the standards set in §D of this regulation.

(2) All water treatment devices approved as a special condition in a Certificate of Potability shall be approved only under the following conditions:

(a) The well has been carefully evaluated to determine that there are no physical defects and the well was constructed in accordance with this chapter; and

(b) A public water supply is not available.

(3) A water treatment device approved as a special condition in a Certificate of Potability for water disinfection shall be approved only if:

(a) The well has not responded to the disinfection procedures described in Regulation .24 of this chapter; and

(b) In Hydrogeologic Areas 1, 2, 3, and 4, fecal coliform contamination is not present.

(4) In Hydrogeologic Area 5, the Approving Authority may grant a permanent deviation for fecal coliform provided the following treatment is provided:

(a) 1 micron absolute filtration;

(b) Chlorination; and

(c) Ultraviolet radiation.

(5) If a permanent deviation is granted an attachment to the property deed shall be made that reflects the need for treatment, prior to the issuance of the Certificate of Potability.

(6) A water treatment device for nitrate removal may be approved as a special condition in a Certificate of Potability. The approval requires that a source of water having less than the maximum contaminant level for nitrate as set in 26.04.01 is not available less than 600 feet beneath the surface of the ground.

(7) A water treatment device for arsenic removal may be approved as a special condition in a Certificate of Potability. The approval requires that a source of water having less than the maximum contaminant level for arsenic as set forth in COMAR 26.04.01 is not available less than 600 feet beneath the surface of the ground.

(8) A water treatment device approved as a special condition in a Certificate of Potability for naturally occurring radionuclide removal shall be approved only if a radionuclide free aquifer is not available less than 600 feet beneath the surface of the ground.

(9) Any water treatment device approved as a special condition in a Certificate of Potability shall be capable of removing the targeted contaminant to levels below the standards set forth in §D of this regulation.

(10) The Approving Authority may require submittal of a continuing service contract for the water treatment device prior to granting the permanent deviation.