Code of Maryland Regulations
Title 10 - MARYLAND DEPARTMENT OF HEALTH
Part 3
Subtitle 15 - FOOD
Chapter 10.15.11 - Bottled Water
Section 10.15.11.05 - Water Sources
Universal Citation: MD Code Reg 10.15.11.05
Current through Register Vol. 51, No. 19, September 20, 2024
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.
Disclaimer: These regulations may not be the most recent version. Maryland may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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