MARYLAND DEPARTMENT OF THE ENVIRONMENT
WATER AND SCIENCE ADMINISTRATION
NOTICE OF TENTATIVE DETERMINATION
Washington County
Application for State Discharge Permit 23DP0759, NPDES Permit MD0023957:
Maryland Environmental Service, 259 Najoles Road, Millersville, MD 21108, has applied for a permit renewal to discharge an average of 1.6 million gallons per day (mgd) of treated wastewater from the Maryland Correctional Institution, located at 18901 Roxbury Road, Hagerstown, Maryland 21740, to discharge into Antietam Creek which is designated as Use IV-P water protected for holding or supporting adult trout for put-and-take fishing, and as a public water supply.
The Maryland Department of the Environment (MDE) is proposing to reissue the discharge permit with the following effluent limitations: BOD5, 30 mg/l maximum monthly average and 45 mg/l maximum weekly average; total suspended solids, 30 mg/l maximum monthly average, 45 mg/l maximum weekly average and 146,187 pounds/year annual maximum; BOD5 and TSS percent removed, 85% minimum as monthly average; total ammonia nitrogen as N (Interim Limits), 10.6 mg/l maximum monthly average (for May 1 to October 31), 13.3 mg/l maximum monthly average (for November 1 to April 30); total ammonia nitrogen as N (Final Limits), 3.2 mg/l maximum monthly average (for May 1 to October 31), 8.0 mg/l maximum monthly average (for November 1 to April 30); total phosphorus as P, 1,462 pounds/year annual maximum; total nitrogen as N, 19,490.7 pounds/year annual maximum; E. Coli, 126 MPN/100ml maximum monthly geometric mean value; total residual chlorine, 0.093 mg/l instantaneous maximum when applicable; dissolved oxygen, 5.0 mg/l minimum at any time; and pH maintained between 6.5 and 8.5. The total ammonia nitrogen final limits will be effective 12 months from the effective date of the discharge permit; interim limits will be in effect beginning with issuance of the discharge permit and will remain in effect until the final limits become effective.
The annual maximum loading rate limits for total nitrogen as N and total phosphorus as P are in conformance with the approved TMDL for Antietam Creek and also with the Chesapeake Bay TMDL for Nitrogen, Phosphorus and Sediment established on December 29, 2010.
Regular effluent monitoring and reporting are required. The effluent limits are set to maintain compliance with State water quality standards.
Per MD Environmental Article § 1–602(a)(2), an EJ score was calculated for this facility. The EJ Score is 6.4. This score has been calculated considering a combination of the following factors: Pollution Burden Exposure Percentile, Pollution Burden Environmental Effects Percentile, and Sensitive Population Percentile. For more information on how the score was calculated, launch the MDEnviroScreen tool from this website- https://mde.maryland.gov/Environmental_Justice/Pages/MDEnviroScreen.aspx.
A copy of the draft permit, draft fact sheet, and permit application may be downloaded from the Department’s website at https://mdewwp.page.link/wwpportal. At that webpage, search for State Number 23DP0759, click “More Info,” and then select the desired document(s) to download.
If a written request is received by August 10, 2026, a public hearing on the tentative determination for this application can be scheduled. The request should be sent to the Maryland Department of the Environment, Water and Science Administration, 1800 Washington Blvd., Baltimore, Maryland 21230-1708, Attn.: Yen-Der Cheng, Chief, Municipal Permits Division and must include the name, address and telephone number (home and work) of the person making the request, the name of any other party whom the person making the request may represent, and the name of the facility and permit number. Failure to request a hearing by August 10, 2026 will constitute a waiver of the right to a public hearing on the tentative determination for this permit.
Written comments concerning the tentative determination will be considered in the preparation of a final determination if submitted to the Department, to the attention of Yen-Der Cheng at the above address, on or before August 20, 2026. Any hearing-impaired person who requests a hearing may request an interpreter at the hearing by contacting Mr. Cheng at (410) 537-3363 or 1-800-633-6101, or by written request to the above address at least ten working days prior to the scheduled hearing date.
Information supporting the tentative determination, including the draft permit and fact sheet, may be reviewed by contacting Mr. Cheng at the above telephone number to make an appointment or by written request to Mr. Cheng at the above address. Copies of documents may be obtained at a cost of $0.36 per page.
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