26.08.03.01

.01 Effluent Limitations.

A. Prohibited Discharges. The following discharges to the waters of this State are prohibited:

(1) The discharge of any wastes or waste waters regardless of volume unless:

(a) Authorized by a discharge permit, or

(b) Subject to control or modification required by a schedule of compliance established by this State;

(2) The discharge of any pollutant in toxic amounts including:

(a) Substances which accumulate to toxic amounts during the expected life of organisms in the surface water, or

(b) Substances which produce deleterious behavioral effects on the organisms;

(3) The discharge of any radiological, chemical, or biological warfare agent;

(4) The discharge of any high level radioactive waste;

(5) Any discharge which would substantially impair anchorage and navigation;

(6) Any discharge to which the Administrator of the Environmental Protection Agency has objected in writing under the Federal Act;

(7) Any discharge which is in conflict with a plan approved by this State;

(8) The discharge of sewage from vessels while moored, berthed, or docked in waters of this State except through a federally and State-approved marine sanitation device;

(9) The discharge of sewage or other wastes from vessels to the waters of Deep Creek Lake in Garrett County, Maryland; and

(10) The discharge of sewage from vessels to the waters of this State, designated as restricted zones. These zones shall be designated:

(a) Wherever greater environmental protection and enhancement is required, and

(b) According to the procedures outlined in the Federal Act.

B. The following areas of the waters of the State are designated as no discharge zones, where the discharge of sewage from marine sanitation devices located on vessels is prohibited:

(1) The Herring Bay no discharge zone which encompasses all tidal waters of Herring Bay and its tributaries westerly of a line beginning at a point at or near Holland Point defined by Lat. 38░43'34.9" N., Long 76░31'37.3" W., then running approximately 352░ (true) to a point at or near Crab Pile A defined by Lat. 38░46'33.0" N., Long. 76░32'10.1" W., then running approximately 354░ (true) to a point at or near the north shore of Parker Creek defined by Lat. 38░46'39.1" N., Long. 76░32'10.8" W.

(2) The Northern Coastal Bays no discharge zone which encompasses all the tidal waters of Ocean City Inlet, Sinepuxent Bay, Isle of Wight Bay, Assawoman Bay, and their tributaries, upstream (West) of a line beginning at a point at or near the east end of the north Ocean City Inlet jetty, defined by Lat. 38░19'27.0" N., Long. 75░ 05' 5.5" W., then running approximately 248░ (true) to a point at or near the east end of the south Ocean City Inlet jetty, defined by Lat. 38░19'20.7" N., Long. 75░05'24.8" W., and north of a line across the north end of Sinepuxent Bay beginning at a point at or near the southeast entrance of the Ocean City commercial fish harbor (Swordfish Basin) defined by Lat. 38░19'37.0" N., Long. 75░06'6.0" W., then running approximately 110░ (true) to a point at or near the shore at the northwest tip of Assateague Island defined by Lat. 38░19'32.0" N., Long. 75░05'49.0" W., and south of the Maryland-Delaware line beginning at a point at or near the east side of Assawoman Bay defined by Lat. 38░27'4.5" N., Long. 75░04'11.2" W., then running approximately 270░ (true) to a point at or near the west side of Assawoman Bay defined by Lat. 38░27'4.4" N., Long. 75░05'09.3" W.

(3) The Chester River no discharge zone, which encompasses all the tidal waters of the Chester River and its tributaries. The delineation will begin at 39░08'54.48? N., 76░16'37.11" W. and extend down to 39░02'23.56" N., 76░18'8.89" W. From there it will continue east throughout any navigable waters, including all tributaries and bays. Included within this zone are Lankford Bay, Corsica River, Southeast Creek, and many smaller tributaries.

(4) The waters of Anne Arundel County in 13 enumerated rivers, coves, and embayments as described in the following table:

Waterbody Waterbody/Limits Area
(acres)
Stony Creek 39.1723░ N, 76.5171░ W to 39.1725░ N, 76.5126░ W 677
Rock Creek 39.1614░ N, 76.5004░ W to 39.1625░ N, 76.4862░ W 524
South Shore, Patapsco River 39.1472░ N, 76.4589░ W to 39.1471░ N, 76.4588░ W 2
Bodkin Creek 39.1346░ N, 76.4398░ W to 39.1320░ N, 76.4384░ W 609
Magothy and Little Magothy Rivers 39.0592░ N, 76.4332░ W to 39.0462░ N, 76.4295░ W 5,879
Podickory Creek 39.0328░ N, 76.4040░ W to 39.0318░ N, 76.4049░ W 9
Sandy Point/Mezick Ponds 39.0087░ N, 76.4032░ W to 39.0086░ N, 76.4037░ W 47
Whitehall Bay 38.9748░ N, 76.4547░ W to 38.9871░ N, 76.4268░ W 1,599
Severn River 38.9747░ N, 76.4547░ W to 38.9411░ N, 76.4504░ W 7,497
Oyster Creek 38.9274░ N, 76.4638░ W to 38.9273░ N, 76.4634░ W 34
Fishing Creek 38.9148░ N, 76.4591░ W to 38.9073░ N, 76.4602░ W 228
South River 38.9073░ N, 76.4602░ W to 38.8850░ N, 76.4910░ W 5,904
West and Rhode Rivers 38.8850░ N, 76.4910░ W to 38.8531░ N, 76.4959░ W 4,370
Total Area 27,379

(5) The provisions in žB(4) of this regulation are effective for all vessels on July 1, 2022, with the exception of United States Coast Guard Inspected Passenger Vessels as defined in 46 CFR Chapter I , Subchapter T, Small Passenger Vessels (Under 100 Gross Tons), for which this regulation will become effective on July 1, 2025.

C. Controlled Discharges.

(1) Discharge Permitted. The discharge of waters, wastes, or wastewaters to the waters of this State is permitted if:

(a) The discharge does not contravene the surface water quality standards established by this State to protect legitimate beneficial water uses;

(b) The discharge complies with the discharge permit requirements for:

(i) Effluent limitations,

(ii) Schedules of compliance, and

(iii) The use of the best available technology;

(c) The discharge is authorized by a discharge permit subject to conditions and restrictions imposed in the permit; or

(d) The discharge is:

(i) Dredge spoil resulting from an effluent returning to the waters of this State from an approved dredge spoils disposal area,

(ii) Material excavated from the sediments underlying surface waters and placed in another part of the water, or

(iii) Material placed in suspension in the water as part of a dredging or construction project authorized by the Department.

(2) Best Available Technology.

(a) Before establishing effluent limitations for any point source, the Department shall give careful consideration to necessary and practicable effluent limitations to achieve compliance with surface water quality standards (COMAR 26.08.02.01—.08) or ground water quality standards (COMAR 26.08.02.09). This consideration shall include:

(i) Information provided as part of the discharge permit application;

(ii) Information available from discharge permit monitoring reports; and

(iii) Any other information provided by the applicant or required by the Department.

(b) Best available technology shall be required as the minimum for all permitted discharges. If it is determined that compliance with the established water quality standards will not be achieved through BAT, additional treatment shall be:

(i) Required; and

(ii) Based on waste load allocation.

(3) Nutrient Control. This State recognizes that certain surface waters of this State are eutrophic or are approaching eutrophic conditions. All discharges to these surface waters shall be treated as necessary to reduce eutrophic effects. This State shall require that wastewaters containing nutrients which cause or contribute to eutrophication be:

(a) Given advanced waste treatment before discharge;

(b) Disposed of by spray irrigation on land; or

(c) Disposed of by other practicable procedures which will avoid direct discharge to surface waters.

(4) Use of Material Balance.

(a) The Department may require that the operator of the facility involved conduct a material balance with the accuracy and precision necessary to account for environmentally significant losses of material in any instance when:

(i) Pollution of the waters of this State is likely to occur as a result of discharge or loss of toxic substances; or

(ii) The Department determines the need for materials control to prevent water pollution.

(b) If a material balance is required, the Department shall review and approve:

(i) The procedure to be used;

(ii) The frequency of the determinations;

(iii) The units of measurements;

(iv) The methods of calculations, management, and record; and

(v) Any other specific requirements considered necessary.

(c) Information developed by the operator of a facility as a consequence of making a material balance shall be made available to the Department of the Environment on demand.