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Sewage overflows can cause backups, bypass normal discharge methods and leave contaminated waters untreated. Instances where heavy precipitation and pipe system defects add stormwater discharge into public waters are a nationwide concern. This concern has led Maryland to be one of the first states in the country to require municipalities to take action regarding sewage overflows and bypasses.
As part of an overreaching effort to protect the Chesapeake and its tributaries, the Maryland Department of the Environment (MDE) has joined with Environmental Protection Agency (EPA) and the U.S. Department of Justice to prevent unauthorized discharges into public waterways. This includes sewage overflows from combined, bypasses and sanitary sewers. Grease and root blockages, pipe and manhole cracks and other physical defects, undersized pipes, and pump failures are culprits that cause overflows. Long Term Control Plans will eventually eliminate or significantly reduce overflows in accordance with federal regulations at a total cost estimated to be over $1 billion in Maryland.
New Regulation Related to Sewage Discharges
MDE takes enforcement action in cases where caution or measures against discharge are inadequate. A new regulation related to sewage discharges became effective March 28. Code of Maryland Regulations (COMAR 26.08.10, “Overflows or Bypasses”) was issued under authority of Environment Article, §9-331.1, Annotated Code of Maryland.
Overflows are prohibited in Maryland except as allowed under the terms of a discharge permit issued by MDE. This means the owner or operator, or both, of any sanitary sewer system, combined sewer system, or wastewater treatment plant are required to report to MDE and the local health department any overflow that results in the direct or potential discharge of raw, partially treated, or diluted sewage into waters of the State. No later than 24 hours after the time that the owner/operator becomes aware of the event, they must call to report overflows to MDE. During normal working hours is 410-537-3510 (the Compliance Program in the Water Management Administration). The after hours telephone number for overflow reports is 410-517-3600.
Within five (5) calendar days after the telephone notification of the event, the owner/operator is required to provide MDE and the local health department a written report sent to:
Compliance Program, Water Management Administration, Maryland Department of the Environment, 1800 Washington Boulevard, Baltimore, Maryland 21230
The owner/operator is required, for at least 5 years from the date of the overflow or backup, to maintain copies of all overflow records and reports and make them available to MDE for review upon request.
Public Notification Requirements
Within 24 hours of the time that the owner or operator becomes
aware of the overflow event, they must notify MDE of any overflow that enters
shellfish harvesting waters, drinking water sources, public bathing beaches
where people boat, fish, or any situation where there is a public health risk.
They must notify the daily media serving the immediate area, through public
service announcement or paid advertising of any risk to public health.
The second section dealing with public notifications states if
the overflow's total volume at the time of completed repair is 10,000 gallons or
more, the public advisory must remain in effect until the health department
determines that water has return to normal or prior background levels.
The statute further reads if an overflow’s volume is less than
10,000 gallons, the general public should be notified in quarterly or annual
reports, reports of incidents included with water bills, or on a web site in
conjunction with a written notification. For larger overflows with potential
environmental or human health impacts, the public is notified through the media
and, if appropriate, by posting signs.
If there are schools, day care centers, hospitals, or similar
establishments or locations with potentially sensitive populations that may be
subject to exposure in the immediate area of the overflow, the owner/operator of
the system or plant or a representative is required to personally notify each
establishment of the overflow as soon as possible.
MDE posts
information about overflows and bypasses on its website.
For assistance with any questions about overflows and bypasses
and the new regulations, contact Thomas Boone, director, Compliance Program,
Water Management Administration, by telephone at (410)-537-3510.
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