HARRY HUGHES, Governor                              2171

clarity.

The only other changes are in style.
(L) WATERS OF THIS STATE.
"WATERS OF THIS STATE" INCLUDES:

(1) BOTH SURFACE AND UNDERGROUND WATERS WITHIN
THE BOUNDARIES OF THIS STATE SUBJECT TO ITS JURISDICTION,
INCLUDING THAT PART OF THE ATLANTIC OCEAN WITHIN THE
BOUNDARIES OF THIS STATE, THE CHESAPEAKE BAY AND ITS
TRIBUTARIES, AND ALL PONDS, LAKES, RIVERS, STREAMS, PUBLIC
DITCHES, TAX DITCHES, AND PUBLIC DRAINAGE SYSTEMS WITHIN

THIS__STATE, OTHER THAN THOSE DESIGNED AND USED TO COLLECT,

CONVEY, OR DISPOSE OF SANITARY SEWAGE; AND

(2) THE FLOOD PLAIN OF FREE-FLOWING WATERS
DETERMINED BY THE DEPARTMENT OF NATURAL RESOURCES ON THE
BASIS OF THE 100-YEAR FLOOD FREQUENCY.

REVISOR'S NOTE: This subsection is new language
patterned after NR § 8-101(k).

On the advice of the Department, the first
sentence of former Article 43, § 387, which
defined "waters of the State", is deleted and the
definition in this section is made applicable
throughout this title. The definition in former
Article 43, § 387 was added to the Code in 1914
and was never amended from 1914 through 1981. On
the other hand, the definition of "waters of the
State" in NR § 8-101(k) -- after which this
subsection is patterned -- has been amended as
recently as 1976, and, in practice, is the
definition that the Department uses.

9-102. DUTIES OF HEALTH OFFICER.

IN ADDITION TO THE DUTIES SET FORTH ELSEWHERE, THE
HEALTH OFFICER FOR EACH COUNTY SHALL INSPECT AND REPORT ON
THE SANITARY CONDITIONS OF STREAMS, SOURCES OF PUBLIC WATER
SUPPLY, AND SEWERAGE FACILITIES IN THE COUNTY.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, § 51E(a) and (h), as that subsection related
to streams, sources of water supply, and sewerage
facilities.

9-103. CONTENTS OF ORDER PROHIBITING USE OF EXISTING SEPTIC
TANK.

EVERY ORDER ISSUED BY THE DEPARTMENT PROHIBITING THE

USE OF AN EXISTING SEPTIC TANK SANITARY FACILITY SHALL