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Maryland Wastewater Laws
Federal Level: Environmental law has several layers – a legal hierarchy which often comes into conflict. The first layer is the Water Pollution Prevention and Control Act, commonly known as the “Clean Water Act” or “CWA”. The overriding goal of the CWA is to restore the integrity of the Nation’s waters to the standard known as “fishable-swimmable”. This was to be accomplished by 1985. The Environmental Protection Agency (EPA) administers the CWA and has the authority to delegate such administration to the states.
State Level: Under the CWA, the EPA has the authority to enter into agreements with individual states to allow those states to administer their own environmental programs and legislate their own laws, as long as the state programs and laws are at least as stringent as the federal laws. The Maryland Department of the Environment (MDE) has EPA-delegated authority to administer most environmental programs. All issues regarding Maryland state-issued National Pollution Discharge Elimination System (NPDES) permits to discharge to surface waters fall under MDE’s domain. The State Legislature has the authority to pass legislation which is then codified in the Annotated Code of Maryland.
Regulatory: Both the EPA and Maryland are directed in their daily operations by regulations. Regulations are drafted by the agencies to direct agency staff how to apply the codified law, be it federal or state. Regulations are published and available to the public. A regulation generally has the force and effect of law if it is based directly upon a state or federal statute. The federal regulations are found in the Code of Federal Regulations (CFR). State regulations are found in the Code of Maryland Regulations (COMAR). Both are available at public access law libraries or online. Maryland regulations are subject to a water quality Triennial Review which allows the agency to change regulations or promulgate new ones. The Triennial Review is subject to public participation and the final approval of the EPA. Additionally, the State may promulgate regulations as the need arises.
Policy: Policy is the “in-house” procedure directing staff how to apply the law or regulations toward specific issues. It establishes the general practice of the agency but does not rise to the level of law. If policy conflicts with the law, or regulation drafted under a law, the law or regulation will take precedence. Policies are often found in the form of "guidance" documents or internal memoranda. Most (federal) EPA Guidance Documents are available through the EPA's web-site. State Policies are generally, but not always, available by making the appropriate request to the agency.
Sewage Discharge: Title 9 of the Environmental Article of the Annotated Code of Maryland.
Administrative Procedure Act: §10-101 of the State Government Article of the Annotated Code of Maryland.
County Water and Sewerage Plans: §9-501 of the Environment Article of the Annotated Code of Maryland.
Endangered Species of Fish Conservation Act: §4-2A-01 of the Natural Resources Article of the Annotated Code of Maryland.
Environmental Standing Act: §1-501 of the Natural Resources Article of the Annotated Code of Maryland.
Maryland Environmental Policy Act: 1-301 of the Natural Resources Article of the Annotated Code of Maryland.
Maryland Public Information Act: §10-611 of the State Government Article of the Annotated Code of Maryland.
Nongame and Endangered Species Conservation Act: §10-2A-01 of the Natural Resources Article of the Annotated Code of Maryland.
Public Participation in the Permitting Process: §1-601 of the Environment Article of the Annotated Code of Maryland.
Wild and Scenic Rivers Program: §8-401 of the Natural Resources Article of the Annotated Code of Maryland.
The Code of Maryland Regulations (COMAR) guide the agency in its daily operations. COMAR Title 26 contains the relevant regulations to guide you through the basics of "wastewater law". When reviewing any permit, it is important to understand the difference between a "water quality standard" and an "effluent limit." A water quality standard is an "in-stream" standard and applies to a water body whether or not there is a discharge. An effluent limit is a condition of a discharge permit which limits the amount of a particular pollutant that may be discharged into the water body.
26.08.01 General:
- Definitions
- Principles of water pollution control
- Public participation
26.08.02 Water Quality:
- Outlines the purpose of water quality and water quality protection and water quality standards
- Defines Designated Uses and identifies the Use category of stream segments statewide
- Defines narrative water quality criteria
- Describes toxic substance water quality criteria narratively
- Describes toxic substance water quality criteria numerically
- Describes water quality criteria specific to each Designated Use
- Outlines Maryland's Anti-Degradation policy
- Defines Outstanding National ResourceWaters
- Identifies criteria and method forcalculating mixing zones
- Sets effluent discharge guidelines to intermittent streams
- Review and revision of regulations
- Contains various other provisions regarding groundwater water quality
- Describes the procedure for water quality certification
26.08.03 Discharge Limitations:
- Describes prohibited discharges, no-discharge zones, minimum treatment requirements, etc.
- Use of Toxic substances for aquatic life management purposes
- Impact assessments for thermal discharges
- Representative important species
- Cooling water intake
- Chlorine discharges
- Toxic substance discharges, monitoring and testing
- Remining permits
6.08.04 Permits:
- Situations that require discharge permits
- Form and requirements of permit applications
- Permit application processing
- Permit issuance and contested case hearings
- Issuance and reissuance of permits
- Discharge permit limits
- Monitoring, recording and reporting
- Additional permittee obligations
- Term and approval of permittee
- NPDES program administration by State
- General discharge permits
- Permit review and modification
- Permit suspension and revocation
26.08.09 Public Bathing Beaches:
- Describes application process and requirements to operate a bathing beach
- Describes requirements to assure sanitary quality of bathing waters
26.08.08 Pretreatment Requirements to Control Industrial Users of Publicly Owned Treatment Works
26.01.01 Procedures for Hearings of Regulations
26.01.02 Procedures for Contested Case Hearings before the Secretary of the Environment
26.01.03 Petitions for Adoption, Amendment, or Repeal of Regulations
26.01.04 Filing Requests for Inspection and Copying of Records
26.03.01 Planning Water Supply and Sewerage Systems
26.03.02 Submissions of Plans for Approval and Record of Systems of Water Supply, Sewerage, and Storm Water
Draft Continuing Planning Process for Water Quality Management, Maryland Department of the Environment, June 2000.
Maryland Section 305(b) Water Quality Report, a report on the status of surface and ground waters in Maryland to the US Environmental Protection Agency and the Congress, August 2000.
Maryland List of Impaired Waters [303(d)] List, as amended.
Maryland Clean Water Action Plan, Final 1998 Report on Unified Watershed Assessment, Watershed Prioritization and Plans for Restoration Strategies.
Public Information Act Manual, 7th Edition, Office of the Maryland Attorney General, January 1997.
Guidance on Implementing the Water Quality-Based Provisions in the CSO Control Policy, Environmental Protection Agency, EPA 833-D-00-002, December 2000; Final Policy: 40 CFR Part 122.
Combined Sewer Overflows: Guidance for Monitoring and Modeling, Environmental Protection Agency, EPA 832-B-99-002, January 1999.
Combined Sewer Overflows Guidance for Permit Writers, Environmental Protection Agency, EPA 832-B-95-008, September 1995.
Guidance Manual for the Control of Wastes Hauled to Publicly Owned Treatment Works, Environmental Protection Agency, EPA-833-B-98-003, September 1999.
How Wastewater Treatment Works…The Basics, Environmental Protection Agency, EPA 833-F-98-002, May 1998.
National Recommended Water Quality Criteria – Correction, Environmental Protection Agency, EPA 822-Z-99-001, April 1999.
Protecting the Nation's Waters Through Effective NPDES Permits, Environmental Protection Agency, EPA-833-R-01-001, June 2001.
U.S. EPA NPDES Permit Writers' Manual, Environmental Protection Agency, EPA-833-B-96-003, December 1996.
Wastewater Primer, Environmental Protection Agency, EPA 833-K-98-001, May 1998.
Watershed-Based National Pollutant Discharge (NPDES) Permitting Implementation Guidance, Environmental Protection Agency, December 2003.
Water Quality Standards Handbook: Second Edition, Environmental Protection Agency, EPA 823-B-005a, August 1994 (updates Quality Criteria for Water 1986, EPA 440/5-86-001).
The above references are for educational purposes only and do not constitute a legal analysis.
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