SPIRO T. AGNEW, Governor                       991

CHAPTER 416
(Senate Bill 32)

AN ACT to repeal and re-enact, with amendments, Section SEC-
TIONS 2(E), (G), 12(A) AND 15 of Article 96A of the Annotated
Code of Maryland (1966 Supplement), title "Water Resources,"
subtitle SUBTITLES "GENERAL PROVISIONS" AND "Appro-
priation of Waters; Reservoirs and Dams," to CHANGE THE
DEFINITION OF WATERS OF THE STATE, TO CHANGE
THE DEFINITION OF POLLUTION, TO EXCEPT TIDAL
WATERS OF THE STATE FROM THE PERMIT REQUIRE-
MENTS OF SECTION 12(A), TO EXCLUDE CERTAIN DRAIN-
AGE SYSTEMS FROM THE PERMIT REQUIREMENTS OF
SECTION 12(A) AND TO require a public hearing on the ap-
plication for a permit from the Department of Water Resources
for a change in any manner or diminishing of the flow, current,
or cross-section of any stream or body of water wholly or partly in
the State, and to make such hearing subject to the same procedure
as that for application for permit to use water in the State.

Section 1. Be it enacted by the General Assembly of Maryland,
That Section SECTIONS 2(E), (G), 12(A) AND 15 of Article 96A
of the Annotated Code of Maryland (1966 Supplement), title "Water
Resources," subtitle SUBTITLES "GENERAL PROVISIONS" AND
"Appropriation of Waters; Reservoirs and Dams," be and it is THEY
ARE hereby repealed and re-enacted, with amendments, to read as
follows:

2.

(E) "WATERS OF THE STATE" SHALL INCLUDE BOTH
SURFACE AND UNDERGROUND WATERS WITHIN THE
BOUNDARIES OF THE STATE OR SUBJECT TO ITS JURIS-
DICTION, 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, PUBLIC DITCHES, TAX DITCHES
AND PUBLIC DRAINAGE SYSTEMS WITHIN THE STATE,
OTHER THAN THOSE DESIGNED AND USED FOR THE PUR-
POSE OF COLLECTION, CONVEYANCE, OR DISPOSAL OF
SANITARY SEWAGE. THE FLOOD PLAIN OF FREE-FLOWING
WATERS AS DETERMINED BY THE DEPARTMENT ON THE
BASIS OF THE 50 YEAR FLOOD FREQUENCY SHALL BE IN-
CLUDED AS WATERS OF THE STATE.

(G) "POLLUTION" SHALL MEAN THE DISCHARGE OR DE-
POSIT INTO ANY OF THE WATERS OF THE STATE OF ANY
LIQUID, GASEOUS OR SOLID SUBSTANCE OR SUBSTANCES
WHICH MAY CREATE A NUISANCE THEREIN OR RENDER