Md. Code Regs. 26.17.01.01

Current through Register Vol. 51, No. 21, October 18, 2024

Section 26.17.01.01 - Definitions

A. In this chapter, the following terms have the meanings indicated. Terms not defined below shall have the meanings given to them in the relevant statutes, or if not defined in statutes, the meanings attributed by common use. The terms "Administration", "person", "pollution", "responsible personnel", "waters of the State", are defined in Environment Article, § 4-104 or 5-101, Annotated Code of Maryland. The meanings for these specific terms are provided as a convenience, but persons affected by the Administration's regulations should be aware that these meanings are subject to amendment by the General Assembly.

B. Terms Defined.

(1) "Administration" means the Water Management Administration.

(2) "Agricultural land management practices" means those methods and procedures used in the cultivation of land in order to further crop and livestock production, and conservation of related soil and water resources. Logging and timber removal operations may not be considered a part of this definition.

(3) "Approval authority" means the soil conservation district, municipal corporation, specified agency, Commission, or the Administration that is authorized by or pursuant to Environment Article, § 4-105, Annotated Code of Maryland, to review and approve erosion and sediment control plans for the given jurisdiction.

(4) "Clear" means any activity which removes the vegetative cover while leaving the root mat intact.

(5) "Commission" means the Washington Suburban Sanitary Commission.

(6) "Department" means the Department of the Environment.

(7) "Erosion" means the process by which the land surface is worn away by the action of wind, water, ice, or gravity.

(8) "Erosion and sediment control plan" means an erosion and sediment control strategy or plan designed to minimize erosion and prevent off-site sedimentation, in accordance with the requirements of the approval authority and the handbook " 2011 Maryland Standards and Specifications for Soil Erosion and Sediment Control," which is incorporated by reference in Regulation .11 of this chapter.

(9) "Erosion and Sediment Control Program" means any program administered by a State unit, county, municipality, or the Commission under an erosion and sediment control ordinance or regulations approved by the Administration, which provides for erosion and sediment control plan review, permit issuance, site inspection, and enforcement activity in accordance with the requirements of these regulations.

(10) "Federal project" means any project that requires an erosion and sediment control plan in accordance with Regulation .05 of this chapter undertaken by a federal unit.

(11) "Federal unit" means any federal agency that intends to or does clear, grade, transport, or otherwise disturb the land or soil surface in the course of its activities.

(12) "Grade" means to cause the disturbance of the earth. This includes but is not limited to any excavating, filling, stockpiling of earth materials, grubbing, or root mat or top soil disturbance.

(13) "Grading unit" means the maximum contiguous area allowed to be graded at a given time.

(14) "Highly erodible soils" means those soils with a slope greater than 15 percent or those soils with a soil erodability factor, K, greater than 0.35 and with slopes greater than 5 percent.

(15) "Owner/developer" means a person undertaking, or for whose benefit, activities covered by the Sediment Control Subtitle, or regulations promulgated under it, are carried on. General contractors or subcontractors, or both, without a proprietary interest in a project are not included within this definition.

(16) "Person" includes the federal government, the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any of their affiliates, or any other entity.

(17) "Pollution" means the contamination or other alteration of the physical, chemical, or biological properties of any waters of the State, including change in temperature, taste, color, turbidity, or odor of the waters, or the discharge or deposit of any organic matter, harmful organisms, liquid, gaseous, solid, radioactive, or other substance into any waters of the State that will render the waters harmful, detrimental, or injurious to:

(a) Public health, safety or welfare;

(b) Domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses; or

(c) Livestock, wild animals, birds, fish, or other aquatic life.

(18) "Professional architect" means an architect duly registered by the State to practice architecture in accordance with the provisions of Business Occupations and Professions Article, Title 3, Annotated Code of Maryland.

(19) "Professional engineer" means an engineer duly registered by the State to practice engineering in accordance with the provisions of Business Occupations and Professions Article, Title 14, Annotated Code of Maryland.

(20) "Professional forester" means a forester duly registered by the State to practice forestry in accordance with the provisions of Business Occupations and Professions Article, Title 7, Annotated Code of Maryland.

(21) "Professional landscape architect" means a landscape architect duly registered by the State to practice landscape architecture in accordance with the provisions of Business Occupations and Professions Article, Title 9, Annotated Code of Maryland.

(22) "Professional land surveyor" means a land surveyor duly registered by the State to practice land surveying in accordance with the provisions of Business Occupations and Professions Article, Title 15, Annotated Code of Maryland.

(23) "Responsible personnel" means any foreman, superintendent, or project engineer who is in charge of on-site clearing and grading operations or the implementation and maintenance of an erosion and sediment control plan.

(24) "Secretary" means the Secretary of the Environment or designee.

(25) "Sediment" means soils or other surficial materials transported or deposited by the action of wind, water, ice, gravity, or artificial means.

(26) "Sediment Control Subtitle" means Environment Article, Title 4, Subtitle 1, Annotated Code of Maryland.

(27) "State project" means any project that requires an erosion and sediment control plan in accordance with Regulation .05 of this chapter undertaken by a State unit.

(28) "State unit" means any State agency that intends to or does clear, grade, transport, or otherwise disturb the land or soil surface in the course of its activities.

(29) "Training program" means an Administration approved educational program for training responsible personnel to:

(a) Properly implement and maintain erosion and sediment controls associated with grading; and

(b) Better understand the necessity of minimizing the pollution of the waters of the State that may result from grading.

(30) "Waters of the State" includes:

(a) Both surface and underground waters within the boundaries of the State subject to its jurisdiction, including that portion of the Atlantic Ocean within the boundaries of the State, the Chesapeake Bay and its tributaries, and all ponds, lakes, rivers, streams, storm drain systems, public ditches, tax ditches, and public drainage systems within the State, other than those designated and used to collect, convey, or dispose of sanitary sewage; and

(b) The flood plain of free-flowing waters determined by the Department on the basis of the 100-year flood frequency.

Md. Code Regs. 26.17.01.01

Regulations .01 amended effective July 16, 1984 (11:14 Md. R. 1248)
Regulations .01 amended effective December 17, 1984 (11:25 Md. R. 2130)
Regulation .01B amended effective January 18, 1993 (20:1 Md. R. 28); September 25, 1995 (22:19 Md. R. 1474); amended effective 44:9 Md. R. 438, eff. 5/8/2017