§ 33-3-107. PROHIBITION, CORRECTION, AND ABATEMENT OF WATER POLLUTION.

(a)

In general. The Department shall manage and regulate the waters of this state within the county according to the surface water quality standards and stream segment designations set forth in COMAR 26.08.02.

(b)

Pollution prohibited. The waters of this state within the county may not be polluted by:

(1)

Substances attributable to sewage, industrial waste, or other waste that will settle to form sludge deposits that:

(i)

Are unsightly, putrescent, or odorous, and create a nuisance; or

(ii)

Interfere directly or indirectly with surface water designated uses;

(2)

Any material, including floating debris, oil, grease, scum, sludge, and other floating materials attributable to sewage, industrial waste, or other waste in amounts sufficient to:

(i)

Be unsightly;

(ii)

Produce taste or odor;

(iii)

Change the existing color;

(iv)

Change other chemical or physical conditions in the surface waters;

(v)

Create a nuisance; or

(vi)

Interfere directly or indirectly with surface water designated uses;

(3)

High-temperature, or corrosive substances attributable to sewage, industrial waste, or other waste in concentrations or combinations that:

(i)

Interfere directly or indirectly with surface water designated uses; or

(ii)

Are harmful to human, animal, plant, or aquatic life;

(4)

Acute toxicity from any discharge; or

(5)

Toxic substances attributable to sewage, industrial wastes, or other wastes in concentrations outside designated mixing zones, that:

(i)

Interfere directly or indirectly with surface water designated uses; or

(ii)

Are harmful to human, plant, or aquatic life.

(c)

Abatement. The Director of the Department may order:

(1)

The abatement and correction of any pollution, including nonpoint source pollution, of the waters of this state within the county;

(2)

The abatement and correction of any erosion and sedimentation of stream channels, including the abatement of runoff that contributes to erosion and sedimentation of stream channels; and

(3)

The abatement and correction of any degradation of aquatic and riparian habitat.

(d)

Agriculture. If there are stream degradation problems resulting from agricultural practices in agricultural operations or the basic purposes of the forest buffer standards and requirements are not being met in agricultural operations, the Department shall pursue correction of these stream degradation problems in conjunction with the State Department of the Environment and the County Soil Conservation District according to the memorandum of understanding between the State Departments of Agriculture, Health and Mental Hygiene, and Natural Resources regarding enforcement procedures in cases of water pollution caused by agriculture (December 29, 1986) or subsequent memoranda.

(1988 Code, § 14-337) (Bill No. 224, 1990, § 1, 1-1-1991; Bill No. 10-96, § 3, 3-23-1996; Bill No. 94-02, § 2, 7-1-2004)