1. A. In this chapter, the following terms have the meanings indicated.

2. B. Terms Defined.

   1. (1) “Approving authority” means the Secretary of the Department of the Environment or the Secretary's designee.

   2. (2) “Beach Action Value” (BAV) means the value the approving authority uses to issue beach notifications and is defined as follows:

      1. (a) BAV is 235 colony forming units (cfu) using E. coli indicator at freshwater beaches.
      2. (b) BAV is 104 cfu using Enterococci indicator at marine beaches.

   3. (3) Beaches.

      1. (a) “Beaches” means natural waters, including points of access, used by the public for swimming, bathing, surfing, or other similar water contact activities.
      2. (b) Beaches are places where people engage in or are likely to engage in activities that could result in immersion in or ingestion of the water.
      3. (c) Beaches are designated as such from Memorial Day through Labor Day.
   4. (4) “Owner or operator” means an individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind and any partnership, firm, association, corporation, governmental body, or other entity receiving a permit for a beach.

   5. (5) Permitted Beach.

      1. (a) “Permitted beach” means a beach which the owner or operator holds open to the public for bathing, swimming, or other water recreation and which abuts a pond, lake, quarry, stream, bay, or other water body.
      2. (b) “Permitted beaches” includes the buildings and appurtenances, if any, used in connection with it.
   6. (6) “Sampling event” means samples taken at a beach or permitted beach to characterize bacterial concentrations with the number and placement of sampling stations sufficient to characterize conditions in the full extent of the bathing area.
   7. (7) “Sanitary survey” means a comprehensive survey conducted by the approving authority of the topographic drainage area surrounding the beach or permitted beach to determine possible sources of pollution or any discharge which may adversely affect the quality of water in the swimming area.

Authority: Environment Article, §§9-252, 9-313—9-315, and 9-319, Annotated Code of Maryland

Effective date: May 13, 1991 (18:9 Md. R. 1012)

Regulation .06I adopted as an emergency provision effective April 26, 2000 (27:11 Md. R. 1076); adopted permanently effective May 15, 2000 (27:9 Md. R. 860)

Regulation .06I amended effective April 16, 2001 (28:7 Md. R. 692)

Chapter revised effective July 5, 2004 (31:13 Md. R. 995)

Chapter revised effective October 1, 2005 (32:17 Md. R. 1446)

Regulation .01B amended effective April 9, 2018 (45:7 Md. R. 347)

Regulation .04 amended effective April 9, 2018 (45:7 Md. R. 347)

Regulation .06E, F, G amended effective April 10, 2018 (45:7 Md. R. 347)

Regulation .07B amended effective April 9, 2018 (45:7 Md. R. 347)

Regulation .08A, B amended effective April 9, 2018 (45:7 Md. R. 347)