Md. Code Regs. 26.04.01.36 – Capacity Development Requirements.

A. Applicability.
1. (1) This regulation applies to the owner of a new system that applies for a construction permit as required by COMAR 26.03.12 on or after October 1, 1999.
2. (2) A system that has infrastructure in place before October 1, 1999, and then becomes a community water system or a nontransient noncommunity water system by the addition of new users or connections is not subject to this regulation.
B. General Requirements.
1. (1) The owner of a new system subject to this regulation shall comply with the requirements of this regulation by including the information in §§C—K of this regulation with the application for a construction permit required under Environment Article, §9-204, Annotated Code of Maryland.
2. (2) The Department may not issue a construction permit if the information required by §§C—K of this regulation is not submitted by the owner and approved by the Department.
C. System Description. A system description shall include:
1. (1) A site plan for all water supply sources including:
  1. (a) A map and a description of each water source; and
  2. (b) Identification and location of all existing and proposed on-site stormwater management facilities and waste discharges for the properties served by the proposed water system;
2. (2) An identification of the municipality, area, or facility to be served by the proposed system;
3. (3) Provisions for future extension or expansion of the water system; and
4. (4) Proposed treatment processes including:
  1. (a) The criteria and basis of design of treatment units;
  2. (b) Methods or procedures used in arriving at treatment recommendations, and reasons or justifications for any deviations from conventional processes or methods; and
  3. (c) Population records and demographic trends that forecast 10 years into the future.
D. Source Adequacy Analysis. A source adequacy analysis shall include:
1. (1) An analysis of the ability of the proposed and existing sources to reliably meet average, maximum daily, and instantaneous peak demands based upon existing conditions and conditions 10 years in the future;
2. (2) Determination of the safe yield of the sources of supply;
3. (3) For systems purchasing water, a copy of the agreement with the supplier that demonstrates the reliability and adequacy of the water supply; and
4. (4) Characterization of the water quality of the sources of supply, including comparison of the water quality data to established or proposed drinking water standards.
E. Infrastructure Replacement Plan. An infrastructure replacement plan shall include:
1. (1) A description of all treatment and transmission facilities, including pumping stations and storage facilities, and including the useful life of each piece of equipment; and
2. (2) An equipment replacement plan including expected replacement dates and costs.
F. Staffing Plan. A staffing plan shall include:
1. (1) An organizational chart showing all aspects of water system management and operation;
2. (2) A description of the responsibilities of all staff;
3. (3) A demonstration that the system will comply with the operator certification requirements listed in COMAR 26.06.01; and
4. (4) A plan for providing on-going training to all managers and operators.
G. Operations Plan.
1. (1) The owner of a new system subject to the requirements of this regulation shall submit an operations plan. Community water systems shall comply with the requirements of §G(1)(a) and (b) of this regulation. Nontransient noncommunity water systems shall comply with the requirements of §G(1)(a)(i)—(v) of this regulation. An operations plan shall include:
  1. (a) Standard operating procedures for:
    1. (i) Routine operation and maintenance;
    2. (ii) Water quality monitoring to comply with regulatory requirements for supply sources, treatment, and the distribution system;
    3. (iii) Record keeping and reporting, including consumer confidence reports;
    4. (iv) Testing of backflow prevention devices in treatment and storage facilities;
    5. (v) Storage tank inspection and cleaning;
    6. (vi) Water main valve location and exercising;
    7. (vii) Customer complaint response;
    8. (viii) Customer notification of planned outages; and
    9. (ix) Main flushing; and
  2. (b) A plan for tracking unaccounted-for water.
2. (2) The owner of a new system shall implement the operations plan.
H. Cross Connection Control Plan. The owner of a new system shall submit a cross connection control plan which explains how the water system will comply with the requirements of Regulation .32 of this chapter.
I. Ownership and Easement Documentation.
1. (1) Ownership and easement documentation shall include:
  1. (a) The system's ownership and organization including:
    1. (i) The name and address of the system owner or owners;
    2. (ii) The names of the chief executive officers, director or agency head, and board of directors;
    3. (iii) A description of the water system's legal basis, for example, nonprofit, limited partnership; and
    4. (iv) Copies of any leases or easements for land, water supply sources, or physical facilities used in the operation of the system;
  2. (b) Acquisition of easements, rights of way, or both, for all water pipelines and appurtenances located on private property not owned by the water system; and
  3. (c) For community water systems, ownership in fee simple of the land where the water treatment facilities and other necessary structures are or will be located.
2. (2) If pipelines are to be located in public or dedicated streets and roads, the applicant shall:
  1. (a) Inform the Department of this in its application; and
  2. (b) Show that it retains the rights of ownership and maintenance of those pipelines; and
J. Emergency Management Plan.
1. (1) Community water systems shall submit an emergency management plan consisting of the following:
  1. (a) The identification of all potential risks including contamination, chemical handling, equipment failures, drought, and outages;
  2. (b) The identification of personnel responsible for emergency management;
  3. (c) Emergency response plans for identified risks; and
  4. (d) Notification procedures and means for implementation of the emergency response plan.
2. (2) Nontransient noncommunity water systems shall submit an emergency management plan containing the names and phone numbers of the people responsible for action in the event of an emergency and for emergency sources of potable water.
K. Financial Plan.
1. (1) The owner of a new system subject to the requirements of this regulation shall submit a financial plan. Community water systems shall comply with the requirements of §K(2)—(4) of this regulation. Nontransient noncommunity water systems shall comply with the requirements of §K(5) of this regulation.
2. (2) The financial plan for a community water system shall include a revenue and expenditure analysis that compares all anticipated water system revenues with planned expenditures for a 5-year period and describe the water system's:
  1. (a) Annual revenue, expenses, and cash flow projections;
  2. (b) Debt incurred for meeting capital expenditures; and
  3. (c) 5-year plan for capital improvements.
3. (3) The financial plan shall demonstrate that:
  1. (a) Record keeping and accounting practices in place will accurately record the actual costs of the water system, the revenues received, and expenses incurred in the operation of the system;
  2. (b) The coverage ratio is greater than 1.0; and
  3. (c) The operating ratio is greater than 1.0.
4. (4) To satisfy the requirements of §K(3) of this regulation, the financial plan shall at a minimum set forth:
  1. (a) The date of execution of the described obligation;
  2. (b) The name or names of the trustee or trustees;
  3. (c) The amount of indebtedness authorized to be secured by the described obligation;
  4. (d) The amount of indebtedness actually secured by the described obligation; and
  5. (e) A description of the mortgaged property or collateral.
5. (5) The financial plan for a nontransient noncommunity water system shall include detailed operational cost estimates and a reliable source of revenue.
L. A copy of the operations plan required in §G of this regulation and a copy of the emergency management plan required in §J of this regulation shall be kept onsite at each plant.

Authority: Environment Article, Title 9, Subtitles 2 and 4, Annotated Code of Maryland

Effective date: October 21, 1977 (4:22 Md. R. 1670)

Appendix E adopted effective January 27, 1978 (5:2 Md. R. 84)

Regulations .01, .06—.11, .15A, .19A and B, .20F, and .22 amended effective August 10, 1987 (14:16 Md. R. 1774)

Regulations .15G—P, .19E, .28—.33, and .35 adopted effective August 10, 1987 (14:16 Md. R. 1774)

Regulations .26, .27, and .34 adopted effective November 30, 1987 (14:24 Md. R. 2555)

Appendices A—E recodified as Regulation .36

Chapter recodified from COMAR 10.17.07 to COMAR 26.04.01

Chapter revised effective March 18, 1991 (18:5 Md. R. 596)

Regulation .01B amended effective December 21, 1992 (19:25 Md. R. 2208)

Regulation .03A amended effective December 21, 1992 (19:25 Md. R. 2208)

Regulation .04A amended effective December 21, 1992 (19:25 Md. R. 2208)

Regulation .05-2 adopted effective December 21, 1992 (19:25 Md. R. 2208)

Regulation .08 amended effective December 21, 1992 (19:25 Md. R. 2208)

Regulation .10 repealed and new Regulation .10 adopted effective December 21, 1992 (19:25 Md. R. 2208)

Regulation .11 repealed and new Regulation .11 adopted effective December 21, 1992 (19:25 Md. R. 2208)

Regulation .11-1—.11-3 adopted effective December 21, 1992 (19:25 Md. R. 2208)

Regulation .12 amended effective December 21, 1992 (19:25 Md. R. 2208)

Regulation .17 amended effective December 21, 1992 (19:25 Md. R. 2208)

Regulation .20A, F amended effective December 21, 1992 (19:25 Md. R. 2208)

Regulation .33 amended effective December 21, 1992 (19:25 Md. R. 2208)

Chapter revised effective January 2, 1995 (21:26 Md. R. 2192)

Regulation .01B amended effective October 4, 1999 (26:20 Md. R. 1548); October 16, 2000 (27:20 Md. R. 1842)

Regulation .03A amended effective October 16, 2000 (27:20 Md. R. 1842)

Regulation .04 amended effective October 16, 2000 (27:20 Md. R. 1842)

Regulation .12 amended effective October 16, 2000 (27:20 Md. R. 1842)

Regulation .15 amended effective October 16, 2000 (27:20 Md. R. 1842)

Regulation .15-1 amended effective October 16, 2000 (27:20 Md. R. 1842)

Regulation .15-2 amended effective October 16, 2000 (27:20 Md. R. 1842)

Regulation .20-1 amended effective October 16, 2000 (27:20 Md. R. 1842)

Regulation .20-2 adopted effective October 16, 2000 (27:20 Md. R. 1842)

Regulation .23C adopted effective October 16, 2000 (27:20 Md. R. 1842)

Regulation .29D adopted effective October 16, 2000 (27:20 Md. R. 1842)

Regulation .31 repealed effective October 16, 2000 (27:20 Md. R. 1842)

Regulation .36 adopted effective October 4, 1999 (26:20 Md. R. 1548)

Chapter revised as an emergency provision effective January 1, 2002 (29:4 Md. R. 415); revised permanently effective April 29, 2002 (29:8 Md. R. 702)

Chapter revised effective September 1, 2003 (30:17 Md. R. 1205)

Regulation .01B amended effective April 25, 2005 (32:8 Md. R. 743); December 14, 2009 (36:25 Md. R. 1956); August 29, 2016 (43:17 Md. R. 957)

Regulation .01-1 amended effective April 25, 2005 (32:8 Md. R. 743)

Regulation .01-1B amended effective December 14, 2009 (36:25 Md. R. 1956); March 7, 2011 (38:5 Md. R. 319); August 29, 2016 (43:17 Md. R. 957)

Regulation .03A amended effective August 29, 2016 (43:17 Md. R. 957)

Regulation .04A amended effective August 29, 2016 (43:17 Md. R. 957)

Regulation .05F adopted effective March 7, 2011 (38:5 Md. R. 319)

Regulation .05-2 amended effective April 25, 2005 (32:8 Md. R. 743)

Regulation .15-2I amended effective August 29, 2016 (43:17 Md. R. 957)

Regulation .05-2L adopted effective December 14, 2009 (36:25 Md. R. 1956)

Regulation .05-5 adopted effective March 7, 2011 (38:5 Md. R. 319)

Regulation .06-2 amended effective March 7, 2011 (38:5 Md. R. 319)

Regulation .07 amended effective December 14, 2009 (36:25 Md. R. 1956)

Regulation .07-1 amended effective December 14, 2009 (36:25 Md. R. 1956)

Regulation .08E amended effective April 25, 2005 (32:8 Md. R. 743)

Regulation .09C amended effective April 25, 2005 (32:8 Md. R. 743)

Regulation .10 amended effective August 29, 2016 (43:17 Md. R. 957)

Regulation .11 amended effective August 29, 2016 (43:17 Md. R. 957)

Regulation .11D adopted effective March 7, 2011 (38:5 Md. R. 319)

Regulation .11-1 amended effective August 29, 2016 (43:17 Md. R. 957)

Regulation .11-2 amended effective March 7, 2011 (38:5 Md. R. 319); August 29, 2016 (43:17 Md. R. 957)

Regulation .11-3D adopted effective March 7, 2011 (38:5 Md. R. 319)

Regulation .11-4 adopted effective August 29, 2016 (43:17 Md. R. 957)

Regulation .12 amended effective April 25, 2005 (32:8 Md. R. 743)

Regulation .15-2 amended effective April 25, 2005 (32:8 Md. R. 743); December 14, 2009 (36:25 Md. R. 1956); March 7, 2011 (38:5 Md. R. 319)

Regulation .17A amended effective March 7, 2011 (38:5 Md. R. 319)

Regulation .19D amended effective August 29, 2016 (43:17 Md. R. 957)

Regulation .19D, G amended effective March 7, 2011 (38:5 Md. R. 319)

Regulation .20 amended effective April 25, 2005 (32:8 Md. R. 743); December 14, 2009 (36:25 Md. R. 1956); March 7, 2011 (38:5 Md. R. 319)

Regulation .20-1 amended effective March 7, 2011 (38:5 Md. R. 319)

Regulation .20-2 amended effective March 7, 2011 (38:5 Md. R. 319)

Regulation .20C, D amended effective August 29, 2016 (43:17 Md. R. 957)

Regulation .20-2E amended effective December 14, 2009 (36:25 Md. R. 1956); August 29, 2016 (43:17 Md. R. 957)

Regulation .21 amended effective December 14, 2009 (36:25 Md. R. 1956); March 7, 2011 (38:5 Md. R. 319)

Regulation .21H amended effective August 29, 2016 (43:17 Md. R. 957)

Regulation .21I adopted effective August 29, 2016 (43:17 Md. R. 957)

Regulation .23 amended effective December 14, 2009 (36:25 Md. R. 1956)

Regulation .23C amended effective March 7, 2011 (38:5 Md. R. 319)

Regulation .25B amended effective December 14, 2009 (36:25 Md. R. 1956)

Regulation .25C amended effective April 25, 2005 (32:8 Md. R. 743)

Regulation .30B amended effective December 14, 2009 (36:25 Md. R. 1956)

Regulation .34 amended effective March 1, 2004 (31:4 Md. R. 318)