1. A. The person-in-charge shall ensure that:

   1. (1) A source of water for finished product water is an approved source;
   2. (2) Within the State, a ground water appropriation permit is obtained from the Maryland Department of the Environment as required in COMAR 26.17.06; and
   3. (3) A spring is constructed, developed, or improved in accordance with §B of this regulation.

2. B. Spring Requirements. The person-in-charge shall ensure that:

   1. (1) A spring is constructed, developed, or improved in accordance with the following requirements:

      1. (a) A fissure or opening in the geologic formation from which the water flows into the spring is:

         1. (i) Enclosed within an encasement of concrete, tile, steel, or another impervious material; or
         2. (ii) Otherwise tapped in a manner that ensures the capture of only ground water flowing from the geologic formation;
      2. (b) The walls of a spring encasement penetrate the geologic formation from which the water flows to intercept and contain ground water;
      3. (c) A spring encasement is provided a cover;
      4. (d) The material used in the construction or improvement of the spring does not impart a toxic or deleterious substance to the water;
      5. (e) A fence or other physical barrier is used to exclude animals and unauthorized persons from the area within 100 feet of the spring;

      6. (f) Water in the spring is transported to the point of bottling or into bulk storage by:

         1. (i) Gravity; or
         2. (ii) When pumping is required, first flowing by gravity to a separate holding reservoir from which it is extracted and delivered to the point of bottling by use of a pump;
      7. (g) A spring is protected from direct surface water intrusion and other sources of contamination; and
      8. (h) A spring does not contain ground water under the direct influence of surface water;

   2. (2) A spring is constructed, developed, or improved in accordance with a plan made by a registered professional engineer or professionally qualified hydrogeologist that:

      1. (a) Contains a hydrogeological study and a sanitary survey as set forth in Regulation .04E(4)(d) and (e) of this chapter; and
      2. (b) Is approved by the approving authority or the Department; and

   3. (3) A borehole used to obtain spring water:

      1. (a) Is hydraulically connected to an aquifer that supplies a constantly flowing spring;
      2. (b) Contains only water that has all the physical properties before treatment as the water that flows naturally to the surface of the earth or into a body of water;
      3. (c) Is shown to comply with §B(1)(g) and (h) of this regulation by a hydrogeological study submitted to the Department; and
      4. (d) Is constructed in compliance with §B(2) of this regulation.

3. C. The person-in-charge shall ensure that:

   1. (1) A well within the State that is used as a source of finished product water is permitted, constructed, and installed in conformance with COMAR 26.04.04;
   2. (2) When bottling artesian water, a hydrogeological report is kept at the plant that shows that the static water level in the well is at some height above the aquifer;
   3. (3) When ground water is a source of finished product water, the ground water is not under the direct influence of surface water;
   4. (4) A statement of acceptability for a source of water is kept on file at the plant and available for inspection by the Department; and
   5. (5) A public water supply system in the State that is used as a source of finished product water is a community water system that complies with COMAR 26.04.01.

Authority: Health-General Article, §§18-102, 21-211, 21-234, 21-304, 21-305, 21-306, 21-334, 21-336, and 21-336.1, Annotated Code of Maryland

Effective date: March 23, 2009 (36:6 Md. R. 491)