As used in this article, unless the context requires a different meaning: “Toxicity” means the inherent potential or capacity of a material to cause adverse effects on a living organism, including acute or chronic effects on aquatic life, detrimental effects on human health or other adverse environmental effects. “Toxics” or “toxic substance” means any agent or material listed by the USEPA Administrator pursuant to § 307(a) of the Clean Water Act and those substances on the “toxics of concern” list of the Chesapeake Bay Program as of January 1, 1997.