Md. Code Regs. 26.08.03.02 – Use of Toxic Substances for Aquatic Life Management Purposes.

A. Scope. Any person who adds toxic substances to the waters of this State for aquatic life management purposes shall be governed by this regulation.
B. Restrictions on Use.
1. (1) Toxic substances may not be applied to, discharged to, or deposited in the waters of this State in any way unless:
  1. (a) The application, discharge, or deposit meets all of the requirements imposed by this regulation; and
  2. (b) Approval is given in accordance with this regulation.
2. (2) The mixing, handling, or transfer of toxic substances or the washing of or cleaning operations for toxic substance containers or equipment may not result in any way in:
  1. (a) Application to the waters of this State;
  2. (b) Discharge to the waters of this State;
  3. (c) Deposition in the waters of this State.
3. (3) Wastes and wastewaters from the washing of toxic substance containers or equipment may not be discharged to or permitted to flow into:
  1. (a) Subsurface drainage or disposal systems;
  2. (b) Municipal sanitary sewerage systems; or
  3. (c) Storm water drainage systems.
4. (4) The toxic substances used shall be adequately controlled and sufficiently selective so as not to adversely affect:
  1. (a) Desirable species of aquatic life in the designated areas to be treated; or
  2. (b) Any aquatic life outside the designated area to be treated.
C. Procedure for Obtaining Approval.
1. (1) Permits for the use of toxic substances in the waters of this State shall be requested from the Department at least 30 days before the initiation of every aquatic life management project employing the application, discharge, or deposit of toxic substances.
2. (2) Application for permit shall include the following information for each project:
  1. (a) The purpose of the project;
  2. (b) A description and maps or drawings of the area involved;
  3. (c) A description of the watershed upstream and downstream from the project, or the tidal area around the project;
  4. (d) A description of the toxic substance to be used;
  5. (e) A description of the method of application;
  6. (f) Name, title, and address of the person in charge of the project;
  7. (g) A description of safeguards to be used;
  8. (h) The approximate dates of the project operation;
  9. (i) A statement outlining methods to be used in the cleanup of the area following the application, discharge, or deposit of the toxic substances; and
  10. (j) Any other information the Department of the Environment requires for the proper evaluation of the project.
3. (3) The Department of the Environment may authorize the Chairman of the Soil Conservation District, or his designee approved by the Department to issue an emergency permit for use of toxic substances for aquatic life management purposes. These emergency permits shall only be issued in accordance with the following guidelines:
  1. (a) An emergency permit shall only be issued when, in the opinion of the Soil Conservation District (SCD) representative, a situation exists which requires rapid or immediate attention to prevent:
    1. (i) Degradation of water quality; or
    2. (ii) Development of a situation requiring more extensive treatment at a later date.
  2. (b) Emergency permits shall:
    1. (i) Be restricted to a maximum of two applications of a toxic substance; and
    2. (ii) Only authorize use of copper sulfate, cutrine or diquat, unless specific written authorization is received from the Department.
  3. (c) An emergency permit form provided by the Department shall be used for issuance of emergency permits. A copy of the executed permit shall then be forwarded to the Department.
  4. (d) Emergency permits may only be issued during the time period from May 1 to September 30.
  5. (e) Emergency permits may not be issued if the pond or body of water is tributary to a public water supply, or tributary to shellfish waters.
D. A person who discharges toxic substances to waters of the State is not required to obtain a permit under this regulation if the person is covered under a discharge permit issued under COMAR 26.08.01—.04 that incorporates the requirements of §§B and C(1) and (2) of this regulation.

Authority: Environment Article, §§9-313—9-316, 9-319, 9-320—9-325, and 9-328, Annotated Code of Maryland

Effective date: September 1, 1974 (1:1 Md. R. 33)

COMAR 10.50.01.05, .06, and .13 recodified to COMAR 26.08.03.01, .02, and .03, respectively

Regulation .01 amended effective November 5, 1984 (11:22 Md. R. 1899)

Regulation .02 amended effective November 5, 1984 (11:22 Md. R. 1899)

Regulation .02C amended effective May 18, 1979 (6:10 Md. R. 841)

Regulation .03 adopted effective May 19, 1978 (5:10 Md. R. 777)

Chapter revised effective June 27, 1988 (15:13 Md. R. 1556)

Regulation .01 amended affective May 27, 2002 (29:10 Md. R. 827)

Regulation .01A amended affective September 28, 2015 (42:19 Md. R. 1229)

Regulation .01B amended affective April 16, 1990 (17:7 Md. R. 854); May 17, 2021 (48:10 Md. R. 402); May 30, 2022 (49:11 Md. R. 610)

Regulation .02 amended effective April 16, 1990 (17:7 Md. R. 854)

Regulation .02D adopted effective April 23, 2018 (45:8 Md. R. 422)

Regulations .03—.05 repealed and new Regulations .03—.05 adopted effective February 19, 1990 (17:3 Md. R. 301)

Regulation .03C amended affective July 5, 2004 (31:13 Md. R. 995)

Regulation .06 adopted effective May 1, 1989 (16:8 Md. R. 911)

Regulation .06 amended effective November 6, 1995 (22:22 Md. R. 1670)

Regulation .06B, C amended effective April 16, 1990 (17:7 Md. R. 854)

Regulation .06D amended effective March 25, 1996 (23:6 Md. R. 477)

Regulation .07 adopted effective April 16, 1990 (17:7 Md. R. 854)

Regulation .07 amended effective June 7, 1993 (20:11 Md. R. 917)

Regulation .08 adopted effective January 2, 1995 (21:26 Md. R. 2195)

Regulation .08 amended effective June 29, 1998 (25:13 Md. R. 996)

Regulation .09 adopted effective January 12, 2009 (36:1 Md. R. 24)

Regulation .09F repealed effective June 18, 2018 (45:12 Md. R. 619)