Header:
CODE OF MARYLAND REGULATIONS
TITLE 01. EXECUTIVE DEPARTMENT
SUBTITLE 01. EXECUTIVE ORDERS
Date:
08/31/2009
Document:
EXECUTIVE ORDER 01.01.1999.24 Mandatory Drought Restrictions
A. I hereby impose the mandatory water use restrictions recommended by the Committee. The mandatory restrictions are attached hereto and incorporated herein.
B. I hereby authorize the Secretary of the Maryland Department of the Environment to reconvene the Committee as conditions warrant in order to evaluate whether lifting mandatory restrictions may be warranted and to make appropriate recommendations.
C. I hereby authorize the Secretary of the Maryland Department of the Environment to reconvene the Committee to recommend additional mandatory restrictions if: drought conditions worsen; insufficient water usage reductions are not achieved under the mandatory restrictions attached hereto; or public health and safety are further threatened.
D. I hereby authorize the Secretary of the Maryland Department of the Environment to make temporary modifications to any permits, withdrawals, allocations, diversions or releases previously granted or required by the Department, as the Secretary deems necessary to meet the drought emergency. The Secretary may also decline to act on any request for non-essential water appropriation. I authorize the Secretary to use the authority granted by the Environment Article to implement additional measures as necessary to protect and preserve water supply sources. Any order or permit modification issued by the Secretary to address the drought emergency may be effective immediately, whether or not a request for a hearing is filed.
E. The authority of water suppliers to enforce water use restrictions is not preempted by the Executive Order. State and local law enforcement personnel shall enforce the water use restrictions contained in this Order pursuant to Article 41 of the Annotated Code of Maryland.
F. I hereby authorize the Secretary of the Maryland Department of the Environment to adopt procedures for exemptions or variances from the water use limitations in cases of extraordinary hardship. The Secretary may also authorize the appropriate local authorities to implement their own procedures for exemptions or variances. The Secretary shall have the authority to review the exemptions or variances issued by any local authority. An "extraordinary hardship" means permanent damage to property or other personal or economic loss which is substantially more severe than the sacrifices borne by other water users subject to the restrictions on water use. In light of the drought emergency, the procedures may be adopted by the Secretary or appropriate local authorities effective immediately, notwithstanding the rule making procedures contained in the State Government Article, the Environment Article, the Code of Maryland Regulations or any other law.
G. I hereby institute a statewide ban on open air burning as described in the attachment hereto and as authorized under Section 5-720 of the Natural Resources Article and direct the Secretary of the Maryland Department of Natural Resources to take whatever additional actions may be necessary to minimize the risks of forest or wildfires. This ban can be enforced by any public officer authorized to enforce the laws of the State or of a political subdivision of the State. The restrictions on open air burning will be lifted on a county by county basis when the regionally calculated Keetch-Byram Drought Index (KBDI) rating falls to a value of 300 or less, or as determined by the Secretary of the Maryland Department of Natural Resources.
MARYLAND DROUGHT EMERGENCY
Mandatory Water Restrictions
Universal Restrictions
Lawn and Garden Watering - Lawns may not be watered; Gardens may only be watered with watering cans/buckets or handheld hose
Washing Vehicles - No homeowner car washing; Commercial car washing allowed with water recycling equipment (where 80% recycling has been achieved)
Filling and topping off swimming pools - Private (homeowners) pools may not be filled or topped off; Public pools and residential pools serving 25 or more units may be filled or topped off; Pools serving health care facilities may be filled or topped off; Exception for first time fills of newly constructed pools
Washing Paved or Outdoor Surfaces (e.g. street, roads, sidewalks, driveways, buildings, garages, parking areas and patios) - Not allowed
Operation of Ornamental Foundations, Artificial Waterfalls and Reflecting Pools - Not allowed
Watering Golf Courses - Watering fairways is only allowed using syringe irrigation (80% reduction in water usage required); Tees and greens limited to minimum necessary
Government Restrictions
State repairs/maintenance of leaking fixtures/water lines - State agencies shall identify leaks and accelerate maintenance measures and/or repairs
Ground Maintenance/Care - No lawns may be watered Gardens may only be watered with watering cans/buckets or hand held hose
Maintenance/Repair of Privately Owned Plumbing Systems (i.e. leaking fixtures and water lines) - State assistance to be provided to owner occupied residences for senior citizens and low income families to facilitate repairs Encourage local governments to accelerate enforcement against rental units where maintenance repairs have not been properly implemented to address leaking plumbing systems
Operation of Ornamental Foundations, Artificial Waterfalls, and Reflecting Pools - Not allowed
Washing Paved or Outdoor Surfaces (e.g. street, roads, sidewalks, driveways, buildings, garages, parking areas and patios) - Not allowed
Business and Industry Restrictions
Restaurants - May not serve water to customers unless specifically requested
Operation of Ornamental Fountains, Artificial Waterfalls, and Reflecting Pools - Not allowed
Agriculture Irrigation - No prohibition
Commercial Nurseries/Landscaping - Must prepare and implement emergency plans which provide for a 10% reduction in water use
Emergency Plans - Businesses and industry required to prepare emergency plans to reduce water usage by 10%; Plans must include provisions for immediate implementation if required at a later date; Immediate Voluntary compliance of 10% reduction plan encouraged; Industry and Businesses using less than 10,000 gpd exempted
Ground Maintenance/Care - Lawns may not be watered; Gardens may only be watered with watering cans/buckets or handheld hose
Washing Paved or Outdoor Surfaces (e.g. street, roads, sidewalks, driveways, buildings, garages, parking areas and patios) - Not allowed
Open Air Burning Ban
Opening Air Burning - All open air burning banned across the State except that:
--Exemptions allowed for charcoal and gas grills operated safely and located to minimize fire risks
--Campfires are banned except in park areas where approved campfire rings exist--Firefighter training facilities are exempted
Effective date: August 4, 1999 (26:18 Md. R. 1361)
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