Sec. 10.15.11.05. Water Sources

A. The person-in-charge shall ensure that:

(1) A source of water for finished product water is an approved source;

(2) Within the State, a ground water appropriation permit is obtained from the Maryland Department of the Environment as required in COMAR 26.17.06; and

(3) A spring is constructed, developed, or improved in accordance with §B of this regulation.

B. Spring Requirements. The person-in-charge shall ensure that:

(1) A spring is constructed, developed, or improved in accordance with the following requirements:

(a) A fissure or opening in the geologic formation from which the water flows into the spring is:

(i) Enclosed within an encasement of concrete, tile, steel, or another impervious material; or

(ii) Otherwise tapped in a manner that ensures the capture of only ground water flowing from the geologic formation;

(b) The walls of a spring encasement penetrate the geologic formation from which the water flows to intercept and contain ground water;

(c) A spring encasement is provided a cover;

(d) The material used in the construction or improvement of the spring does not impart a toxic or deleterious substance to the water;

(e) A fence or other physical barrier is used to exclude animals and unauthorized persons from the area within 100 feet of the spring;

(f) Water in the spring is transported to the point of bottling or into bulk storage by:

(i) Gravity; or

(ii) When pumping is required, first flowing by gravity to a separate holding reservoir from which it is extracted and delivered to the point of bottling by use of a pump;

(g) A spring is protected from direct surface water intrusion and other sources of contamination; and

(h) A spring does not contain ground water under the direct influence of surface water;

(2) A spring is constructed, developed, or improved in accordance with a plan made by a registered professional engineer or professionally qualified hydrogeologist that:

(a) Contains a hydrogeological study and a sanitary survey as set forth in Regulation .04E(4)(d) and (e) of this chapter; and

(b) Is approved by the approving authority or the Department; and

(3) A borehole used to obtain spring water:

(a) Is hydraulically connected to an aquifer that supplies a constantly flowing spring;

(b) Contains only water that has all the physical properties before treatment as the water that flows naturally to the surface of the earth or into a body of water;

(c) Is shown to comply with §B(1)(g) and (h) of this regulation by a hydrogeological study submitted to the Department; and

(d) Is constructed in compliance with §B(2) of this regulation.

C. The person-in-charge shall ensure that:

(1) A well within the State that is used as a source of finished product water is permitted, constructed, and installed in conformance with COMAR 26.04.04;

(2) When bottling artesian water, a hydrogeological report is kept at the plant that shows that the static water level in the well is at some height above the aquifer;

(3) When ground water is a source of finished product water, the ground water is not under the direct influence of surface water;

(4) A statement of acceptability for a source of water is kept on file at the plant and available for inspection by the Department; and

(5) A public water supply system in the State that is used as a source of finished product water is a community water system that complies with COMAR 26.04.01.