§ 33-3-102. LEGISLATIVE FINDINGS OF FACT.

(a)

Federal policy.

(1)

Section 101(a) of the Federal Water Pollution Control Act Amendments of 1972 (P.L. 92-500), as amended by the Clean Water Act of 1977 (P.L. 95-217), declares that the objective of this Act is to restore and maintain the chemical, physical, and biological integrity of the nation's waters.

(2)

In order to achieve this objective it is hereby declared that, consistent with the provisions of this Act:

(i)

It is the national goal that the discharge of pollutants into the navigable waters be eliminated by 1985;

(ii)

It is the national goal that wherever attainable, an interim goal of water quality which provides for the protection and propagation of fish, shellfish, and wildlife and provides for recreation in and on the water be achieved by July 1, 1983;

(iii)

It is the national policy that the discharge of toxic pollutants in toxic amounts be prohibited;

(iv)

It is the national policy that federal financial assistance be provided to construct publicly owned waste treatment works;

(v)

It is the national policy that areawide waste treatment management planning processes be developed and implemented to assure adequate control of sources of pollutants in each state;

(vi)

It is the national policy that a major research and demonstration effort be made to develop technology necessary to eliminate the discharge of pollutants into the navigable waters, waters of the contiguous zone, and the oceans; and

(vii)

It is the national policy that programs for the control of nonpoint source pollution be developed and implemented in an expeditious manner so as to enable the goals of this Act to be met through the control of both point and nonpoint source pollution.

(b)

COMAR. COMAR 26.08.02 prohibits:

(1)

Pollution of the waters of this state; and

(2)

Degradation of the quality of certain waters of this state.

(c)

Chesapeake Bay Agreement. The state is:

(1)

Committed to the 1987 Chesapeake Bay Agreement, the goal of which is to reduce nutrient loads entering the Chesapeake Bay by 40% by the year 2000; and

(2)

Initiating implementation of Maryland's Chesapeake Bay Nutrient Reduction Plan 1985—2000, which calls for the establishment of forested buffer strips along stream channels adjoining cropland.

(d)

Department to administer. The Department has received delegation from the state for the administration of environmental programs.

(e)

Master plan. The County Master Plan 1979—1995 calls for the protection of the natural functions of stream valleys and the County Master Plan 1989—2000 states that wetland and riparian vegetation play an essential role in the natural functioning of stream systems.

(f)

Hydrogeological studies and environmental effects reports. Section 34-1-101 of the Code provides for hydrogeological studies and environmental effects reports and authorizes the disapproval of any subdivision within the watershed of a public water supply reservoir if the studies, reports, or both show that disapproval is required in the interest of the protection of the watershed and the public health, safety, and welfare.

(g)

Floodplain and wetland restrictions. Section 32-4-414 of the Code:

(1)

Restricts construction in or alteration of any riverine floodplain;

(2)

Prohibits dredging, filling, or construction in any wetland; and

(3)

Requires that any wetland must be adequately protected from contamination.

(h)

Preservation of natural features. Section 32-4-416 of the Code requires that natural features, including watercourses and significant vegetation, must be preserved.

(i)

Nuisances. Section 13-7-112 of the Code provides for abatement of nuisances affecting health or the environment.

(j)

Watershed Management Agreement. The county is a signatory to the 1984 Reservoir Watershed Management Agreement and the 1990 Reaffirmation Agreement, which calls for the county to adopt policies to maintain vegetated buffers along streams in new subdivisions.

(k)

Water Quality Steering Committee. The County Water Quality Steering Committee has determined that forest buffers are necessary to protect water quality, streams, wetlands, and riverine floodplains and has recommended that regulations concerning the same be enacted.

(1988 Code, § 14-331) (Bill No. 224, 1990, § 1, 1-1-1991; Bill No. 94-02, § 2, 7-1-2004)