- A. When results of the samples show an indicator organism density that exceeds the Beach Action Value, the Approving Authority shall issue a public notification unless there is reason to doubt the accuracy or certainty of the first sample. The approving authority shall then promptly resample and, if standards are being exceeded, prompt public notification of the advisory or closure if required. If a known pollution source exists, such as combined sewer overflow, failing sewer infrastructure, wastewater treatment discharge, or other source, the approving authority shall close the beach and provide prompt public notification of the closing.
- B. The beach may be opened or the advisory lifted only after subsequent bacteriological sampling results in indicator densities that satisfy the Beach Action Value.
- C. When an emergency health hazard is caused by any dangerous contaminant or condition, the Approving Authority or the Department may immediately order the beach closed and summarily suspend the operating permit (for permitted beaches) and shall promptly provide the permittee written notice of the suspension, the finding and the reasons that support the finding, and an opportunity to be heard. Public notification procedures shall be implemented.
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)