Md. Code Regs. 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.
Notes
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.
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