Environment (GEN) — Title 9. Water, Ice, and Sanitary Facilities

The addition, introduction, leaking, spilling, or emitting of a pollutant into the waters of this State; or

The placing of a pollutant in a location where the pollutant is likely to pollute.

“Disposal system” means a system for disposing of wastes by surface, above surface, or underground methods.

“Disposal system” includes a treatment works and a disposal well.

“Effluent limitation” means a restriction or prohibition that:

“Effluent limitation” includes:

The potential for direct contact between sewage and members of the public;

A failure to prevent:

For a permitted on–site sewage disposal system, significant noncompliance with the standards and conditions of the on–site sewage disposal system permit.

A person who is engaged in manufacturing, fabricating, or assembling goods; or

A member of any class of significant producers of pollutants identified under rules or regulations adopted by:

Any waste or wastewater that is discharged from:

Any other liquid, gaseous, solid, or other substance that will pollute any waters of this State.

Public health, safety, or welfare;

Domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses;

Livestock, wild animals, or birds; or

Fish or other aquatic life.

Owned by this State or a political subdivision, municipal corporation, or other public entity; and

Used for the treatment of pollutants.

“Solid waste” means any garbage, refuse, sludge, or liquid from industrial, commercial, mining, or agricultural operations or from community activities.

“Solid waste” includes:

“Solid waste” does not include:

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

The flood plain of free–flowing waters determined by the Department of Natural Resources on the basis of the 100–year flood frequency.

A health officer or a designee of the health officer; or

The Director of the Department of Environmental Protection of Montgomery County or a designee of the Director.

An incinerator;

A transfer station;

A landfill system;

A landfill;

A solid waste processing facility; and

Any other solid waste acceptance facility.

Deposited by a consumer or a scrap tire hauler; and

Transferred to another scrap tire collection facility or scrap tire recycler.

Transports scrap tires; and

Is approved and licensed by the Department to transport scrap tires to a scrap tire recycler or a scrap tire collection facility.

“Sewage sludge generator” means a person who owns or operates a facility that receives and processes sewage in this State or produces sewage sludge to be utilized in this State.

“Sewage sludge generator” includes:

“Sewage sludge generator” does not include the owner or operator of a septic system.

“Sewage sludge utilizer” means a person who utilizes sewage sludge in this State.

“Sewage sludge utilizer” includes:

“Sewerage system” means:

“Sewerage system” includes any sewer of any size.

“Sewerage system” does not include the plumbing system inside any building served by the sewerage system.

A seller of tires in the State that is not a tire wholesaler; or

A consumer of a tire on which a recycling fee has not been paid.

“Water supply system” means:

“Water supply system” does not include the plumbing system inside any building that is served by the water supply system.

Payment plans; and

Round up programs in which ratepayers may donate to a fund to be used to provide payment assistance to homeowners.

The Secretary may adopt reasonable and proper regulations for submission of plans. These regulations may include the collection of a fee at the time of application for:

The Secretary shall provide the regulated community an opportunity to participate in the rate setting and regulatory processes.

Before a person draws plans or submits an application under this section for a proposed water supply system, sewerage system, or refuse disposal system, the person may submit to the Secretary a preliminary statement on the proposed system.

At the request of the person, the Secretary shall outline the general requirements that must be met before the Secretary would approve the proposed system.

Submit to the Secretary an application that contains:

Submit to the Secretary any material change in the plans and specifications, with the reason for the change; and

Pay the permit fee set by the Department.

When a person applies for a permit and pays the fee under this section, the Secretary shall:

The Secretary shall act within 30 working days after receiving an application and payment of fee for a permit under this section for a water distribution line or a sewage collection line.

If the Secretary does not act within the time set by paragraph (2) of this subsection:

Install, materially alter, or materially extend a water supply system, sewerage system, or refuse disposal system in this State except in accordance with a permit issued to the person by the Secretary under this section; or

Embody any material change in construction until the Secretary has issued a revised permit based on the submission to the Secretary under subsection (e)(2) of this section.

The Secretary may not issue any permit, including a permit under subsection (d) of this section or § 7–232 of this article, to construct or operate a municipal waste incinerator for disposal of a solid waste stream, as defined in § 9–1701 of this title, within 1 mile of a public or private elementary or secondary school.

A person may not construct or operate a municipal waste incinerator for disposal of a solid waste stream, as defined in § 9–1701 of this title, within 1 mile of a public or private elementary or secondary school.

This subsection may not be construed to prohibit:

The Secretary may not issue any permit, including a permit under subsection (d) of this section, to construct or operate a transfer station in Prince George’s County for disposal of solid waste within 2 miles of Bowie State University.

A person may not construct or operate a transfer station in Prince George’s County for the disposal of solid waste within 2 miles of Bowie State University.

This subsection may not be construed to prohibit:

In this subsection, “trade secret” has the meaning provided in § 11–1201 of the Commercial Law Article.

The Department shall prepare an annual report identifying the amount of solid waste by weight or volume, disposed of in the State during the previous year.

The report required under paragraph (2) of this subsection shall identify:

On or before December 31 each year, the Department shall submit, in accordance with § 2–1257 of the State Government Article, a report of the activities undertaken and the progress made in accordance with this section to:

A facility owner is not required to provide information under paragraph (4) of this subsection that is a trade secret.

The owners of all real property adjoining the site where the proposed project is located;

The chairman of the legislative body and any elected executive of the county where the proposed project site is located;

The elected executive of any municipal corporation where the proposed project site is located; and

Any other county within 1 mile of where the proposed project site is located.

A certified copy of the complete plans for the water supply system, sewerage system, or refuse disposal system that:

Any existing specifications of or reports on the water supply system, sewerage system, or refuse disposal system.

Prepare and submit to the Secretary new or supplemented plans; and

Make any investigation that is necessary to ensure that the new or supplemented plans are correct.

The Secretary may request any other information about the water supply system, sewerage system, or refuse disposal system, including information or records on maintenance and operation, that the Secretary considers appropriate.

Any authority or person to whom a request is made under paragraph (1) of this subsection shall submit the information or records to the Secretary.

In this section the following words have the meanings indicated.

“Community sewerage system” means a publicly or privately owned sewerage system that serves at least two lots.

“Growth tiers” means the tiers adopted by a local jurisdiction in accordance with Title 1, Subtitle 5 of the Land Use Article.

“Lot” includes a part of a subdivision that:

“Major subdivision” means:

“Minor subdivision” means:

“On–site sewage disposal” means the disposal of sewage beneath the soil surface.

“Public sewer” means a community, shared, or multiuse sewerage system.

“Shared facility” means a sewerage system that:

“State agency” means:

“Subdivision” means a division of a tract or parcel of land into at least two lots for the immediate or future purpose of sale or building development.

Subsections (f) through (i) and subsection (l) of this section apply to residential subdivisions.

Subsections (f) through (i) do not apply to an application for approval of a residential subdivision under § 9–512(e) of this title if:

Subsections (f) through (i) and subsection (l) of this section do not apply to covenants, restrictions, conditions, or conservation easements that were created or entered into at any time under § 2–118 of the Real Property Article for the benefit of, or held by, a State agency or a local jurisdiction for the purpose of conserving natural resources or agricultural land.

Subsections (f) through (i) of this section may not be construed as granting any additional rights in covenants, restrictions, conditions, or conservation easements that were created or entered into at any time under § 2–118 of the Real Property Article for the benefit of, or held by, a State agency or a local jurisdiction for the purpose of conserving natural resources or agricultural land.

Affect a local transfer of development rights program authorized under § 10–324 of the Local Government Article or Title 7, Subtitle 2 or § 22–105 of the Land Use Article; or

Diminish the local development rights transferred in these transfer of development rights programs.

May not authorize a residential major subdivision served by on–site sewage disposal systems, community sewerage systems, or shared systems until the local jurisdiction adopts the growth tiers in accordance with § 5–104 of the Land Use Article; or

If the local jurisdiction has not adopted the growth tiers in accordance with § 5–104 of the Land Use Article, may authorize:

Except as provided in subsection (f)(2) of this section and subject to subsection (i) of this section, a local jurisdiction may authorize a residential subdivision plat only if:

Any delay in the approval of a residential subdivision plat under this subsection may not be construed as applying to any deadline for approving or disapproving a subdivision plat under Division II or § 5–201 of the Land Use Article or a local ordinance.

The limitation of minor subdivisions in subsection (g)(1)(iii) of this section does not apply to a local jurisdiction, if the subdivision and zoning requirements in their cumulative Tier IV areas result in an actual overall yield of not more than one dwelling unit per 20 acres that has been verified by the Department of Planning.

A local jurisdiction may request, in writing, a verification of the actual overall yield from the Department of Planning.

The Department of Planning shall verify the actual overall yield after consultation with the Maryland Sustainable Growth Commission, established in § 5–702 of the State Finance and Procurement Article.

If two or more local jurisdictions adopt conflicting growth tier designations for the same area, the Department and the Department of Planning shall confer with the local jurisdictions to seek resolution of the conflicting designations.

If a conflict in growth tier designations is not resolved, the Department of Planning shall recommend to the Department and the Department may approve the preferred local jurisdiction designations as recommended by the Department of Planning based on the following best planning practices or factors:

A plat of the subdivision;

A statement of the methods, consistent with Subtitle 5 of this title, by which the subdivision is to be supplied with water and sewerage service;

Documentation by the local jurisdiction that a major subdivision on–site sewage disposal system, a community sewerage system, or a shared facility is in a:

Any other information that the Department requires.

Preparation and submission, within any time the Department sets, of any plans and specifications that the Department considers necessary to provide for adequate water supply and sewerage service to the subdivision; and

Installation, within any time the Department sets, of the whole or any part of a water supply system or sewerage system for the subdivision that:

This subsection applies to a residential minor subdivision in a Tier II, Tier III, or Tier IV area.

Except as provided in paragraphs (4) and (5) of this subsection, on or after December 31, 2012, if a tract or parcel of land is subdivided into a residential minor subdivision leaving any remainder parcel or tract of land:

Except as provided in paragraphs (4) and (5) of this subsection, on or after December 31, 2012, the subdivision plat of the residential minor subdivision shall state that:

On or after December 31, 2012, if a tract or parcel of land is subdivided into a residential minor subdivision, the residential minor subdivision or the remainder parcel or tract of land may be resubdivided or further subdivided if the subdivision or the remainder parcel or tract of land is:

In this subsection, “agricultural activities” includes:

A local jurisdiction may enact a local law or ordinance for the transfer of the right to subdivide, up to 7 lots, by an owner of property used for agricultural activities to the owner of another property used for agricultural activities in accordance with this subsection.

The local law or ordinance shall provide for the recordation of any rights to subdivide that are transferred under this subsection.

A property used for agricultural activities the owner of which receives rights to subdivide under this subsection:

Rights to subdivide may not be transferred from the owner of property used for agricultural activities in a Tier III area to the owner of property used for agricultural activities in a Tier IV area.

Includes:

Does not include a lateral or collector pipe that serves individual properties or developments.

The development of master plans under subsection (b) of this section; and

Approval of the construction of sanitary facilities under this subtitle.

The most appropriate source of water;

The best method of assuring the purity of the water; and

The best method of disposing of drainage, sewage, or refuse.

Under this section, the Secretary shall give only preliminary information that outlines the best course to pursue.

Unless the Governor or the General Assembly delegates this authority specifically to the Secretary, and unless adequate special appropriation is provided for this purpose, the Secretary need not prepare plans, specifications, or detailed estimates for any improvement.

To the public in compliance with Title 1, Subtitle 6 of this article;

By certified mail to the board of county commissioners or the county council of any county and the chief executive of any county or municipal corporation that the Department determines may be affected by the incinerator for public use or landfill system, including any county or municipal corporation within one mile of the property line of the proposed incinerator for public use or landfill system;

To the Department of Natural Resources, by certified mail;

By certified mail to each member of the General Assembly representing any part of:

To record owners of real property within 1,000 feet of the property line of the proposed incinerator for public use or landfill system, by certified mail to the addresses of record owners as indicated in the records of the State Department of Assessments and Taxation; and

By posting a notice of the application, the informational meeting, and hearings in a conspicuous space on the site of the proposed incinerator for public use or landfill system.

Except for the opportunity for a public informational meeting, the Department has completed its preliminary phase 1 technical review of the proposed refuse disposal system;

The Department has reported the findings of its preliminary phase 1 technical review, in writing, to the county’s chief elected official and planning commission of the county where the proposed refuse disposal system is to be located; and

The county has completed its review of the proposed refuse disposal system, and has provided to the Department a written statement that the refuse disposal system:

The Secretary may not issue a permit for a rubble landfill under § 9-204(a) of this subtitle unless the county in which the rubble landfill is located has specified the types of waste that may be disposed of in that rubble landfill in its county solid waste management plan under Subtitle 5 of this title.

The types of waste that a county may allow to be disposed of in a rubble landfill under this section include:

The following types of waste may be disposed of in a rubble landfill subject to the regulations adopted under this subtitle if the disposal of these wastes is expressly approved by the county in its county solid waste management plan:

Except for a sanitary landfill that is subject to § 9–211.1 of this subtitle, and as provided in paragraph (2) of this subsection, before the Secretary issues a permit for a landfill, incinerator, or transfer station to any private person, the applicant for the permit shall:

The Secretary may adopt regulations to exempt any legitimate recycling or reclamation facility from the requirements of this section.

The obligation of a bond filed under this section shall be so conditioned as to be void on the closing of the landfill, incinerator, or transfer station in a manner that prevents erosion, health and safety hazards, nuisances, and pollution.

The local governing body that receives a deposit of cash or other security under this section shall hold the security in trust in the name of the local jurisdiction to assure the closing of the landfill, incinerator, or transfer station in a manner that prevents erosion, health and safety hazards, nuisances, and pollution.

Except as provided in paragraph (3) of this subsection, for a landfill:

For an incinerator or transfer station, the Department shall establish the amount of the security required by this section.

Except as provided in paragraph (2) of this subsection, the term of any bond filed under this section and the time during which cash or other security must remain on deposit under this section is:

If the Department has assurances that the landfill, incinerator, or transfer station has been closed in a manner that prevents erosion, health and safety hazards, nuisances, and pollution, the Department may release the security filed or deposited under this section before the end of the 5–year period specified in paragraph (1)(ii) of this subsection.

The obligation of the holder of a permit for a landfill, incinerator, or transfer station and of any corporate surety under the bond shall become due and payable and any cash, securities, or bond proceeds shall be applied to payment of the costs of properly closing a landfill, incinerator, or transfer station only if the Department:

The local governing body shall use bond proceeds, cash, or the proceeds of other security to pay the cost of properly closing the landfill, incinerator, or transfer station.

The Department shall adopt regulations governing financial assurance for sanitary landfills that accept municipal solid waste.

For municipal solid waste landfills, the regulations shall be consistent with and may not exceed the requirements of federal regulations governing financial assurance (40 C.F.R. § 258.70 through 258.74).

A regulation adopted under this section which is applicable to municipal solid waste landfills may not take effect until after the effective date of federal regulations governing financial assurance adopted pursuant to 40 C.F.R. § 258.70 through 258.74 and shall cease to be effective whenever those federal regulations are suspended or repealed.

As a condition precedent to the issuance by the Secretary of a permit for a landfill under this subtitle, the county or municipal corporation with jurisdiction over the landfill may require the owner of the site where the landfill is to be located to grant an option for the county or municipal corporation to purchase the site for open space or recreational purposes.

An option required under this subsection expires on the earlier of:

If the county or municipal corporation with jurisdiction over the landfill does not require an option under subsection (a) of this section, the State may require an option for the State to purchase the site for open space or recreational purposes.

If the county or municipal corporation with jurisdiction over the landfill requires but will not exercise an option under subsection (a) of this section, the State may exercise the option.

Any law of this State or any other state concerning sanitary landfills; or

Any regulation or permit condition of this State or any other state concerning sanitary landfills; or

Submits to the Department a renewal application on the form that the Department requires;

Gives notice, by certified mail, of the renewal application to each member of the General Assembly in whose district the landfill system is located; and

Obtains the written approval of the Department.

Erosion;

Health and safety hazards;

Nuisances; and

Pollution.

The system is recommended by the Department as being the most appropriate; and

The Secretary does not determine that the installation of the specific proposed system would be prejudicial to public health, safety, and welfare.

A septic tank or aerobic treatment system with:

Any other on-site sewage disposal system that the Department in its regulations states is conventional.

The Department also may use funds appropriated in the State budget for general local health services to finance planning under this section.

If the Department uses a general local health services appropriation to finance planning under this section, State, county, and local funds shall be provided in the same proportions as they would be provided to pay for minimum health services.

If federal grants, loans, or other funds are available for sewerage systems in the Patuxent River Watershed area, the Department shall use them to upgrade and floodproof existing sewerage systems, collector lines, or facilities in the area to meet standards currently in effect under this subtitle.

If available funds can be used to upgrade and floodproof any existing sewerage systems, collector lines, or facilities in the Patuxent River Watershed area, the Department may not use the funds to construct any new sewerage system, collector line, or facility in the area.

Is not producing reasonable results from a sanitary viewpoint;

Is a menace to health or comfort; or

Is causing a nuisance.

If the water supply system, sewerage system, or refuse disposal system does not produce the required results within the time that the Secretary sets, the Secretary may order the owner or person in charge to appoint, within a time that the Secretary sets, a person approved by the Secretary to take charge of and operate the system in a manner that will secure the results demanded by the Secretary.

The person who is served with an order under paragraph (1) of this subsection shall pay the salary of the person who is appointed in compliance with the order.

To alter or extend the water supply system, sewerage system, or refuse disposal system; or

To install a new water supply system, sewerage system, or refuse disposal system.

To investigate refuse disposal systems; and

To enforce any regulation of the Department concerning refuse disposal systems.

Is sufficiently prejudicial to the health or comfort of that or any other county, municipal corporation, sanitary district, subdivision, or locality; or

Causes a condition by which any of the waters of this State are being polluted or could become polluted in a way that is dangerous to health or is a nuisance.

The installation, alteration, extension, utilization, operation, or the completion of a public water supply system, public sewerage system, or refuse disposal system in a county, municipal corporation, sanitary district, subdivision, or locality within a time that the Secretary sets; or

The installation of any device, the establishment of any method, or the enforcement of any measure or regulation that the Secretary considers proper under the circumstances.

The property be connected with the water supply system or sewage disposal system; and

The spring, well, cesspool, privy, sink drain, or private sewage disposal system be abandoned in a condition that will prevent it from being used or harming health.

This subsection does not apply to:

The Secretary shall allow the owner of a dwelling unit to install an on-site sewage disposal system for the dwelling unit if:

A person may not build a privy in this State unless the privy will, in the judgment of the Secretary, prevent:

If the Secretary finds that a person has built a privy in violation of paragraph (1) of this subsection, the Secretary shall:

This section does not authorize the Secretary to prohibit a bona fide religious group from the free exercise of their religious beliefs by constructing a shallow well or a privy, if the well or privy:

If the Secretary finds that public health or comfort is or may be threatened because the wastes of an industrial establishment have polluted or are polluting the waters of this State or because of the waste disposal methods an industrial establishment uses, the Secretary shall order the owner or operator of the industrial establishment:

The owner or operator of an industrial establishment shall comply with an order issued under paragraph (1) of this subsection within the time set by the Secretary.

In this section the following words have the meanings indicated.

Returned to the marketplace;

Used as fuel in an approved resource recovery incinerator;

Used as a tire derived fuel in an approved facility; or

Transferred, by means of a scrap tire hauler, to any facility within the scrap tire recycling system established under subsection (c) of this section.

The service shall establish a scrap tire recycling system that includes scrap tire collection facilities, scrap tire haulers, and in the following order of priority:

A person may not incinerate tires except in:

A facility that processes scrap tires for use as a fuel in an incinerator, boiler, or resource recovery facility or a facility that burns or incinerates scrap tires may not be approved or licensed under this subtitle, unless:

After consultation with other State agencies, representatives of the tire industry, and representatives of local government, the service shall place in operation a scrap tire recycling system:

The service may establish a scrap tire recycling system required under paragraph (1) of this subsection on a regional basis.

In establishing the scrap tire recycling system, the service:

Each scrap tire recycling system established under this subsection shall:

A person may not dispose of scrap tires except through a licensed scrap tire hauler or by delivering the tires to an approved facility.

The tire recycling fee:

For a sale made by a tire dealer to a person who resells tires, the tire dealer shall separately state its recycling fees paid by the tire dealer on the invoice or other document of sale.

A tire dealer who timely files a tire recycling fee return and pays the tire recycling fees due is allowed, for the expense of administering and paying the fee, a credit equal to 0.6% of the gross amount of tire recycling fees that the tire dealer is to pay to the Comptroller.

If the amount of the tire recycling fee is separately stated in a retail sale, the tire recycling fee is not subject to any tax under Title 11 of the Tax – General Article or Title 13 of the Transportation Article.

At the end of each quarter, the Comptroller shall forward all tire recycling fees to the Used Tire Cleanup and Recycling Fund, less the costs of administration.

Except to the extent they are inconsistent with this subsection, the provisions of Title 13 of the Tax – General Article applicable to the sales and use tax shall govern the administration, collection, and enforcement of the tire recycling fee under this subsection.

The Comptroller:

Be licensed by the Department to transport scrap tires from scrap tire collection facilities to scrap tire recyclers;

Apply for a scrap tire hauler’s license on a form provided by the Department; and

Transport each load of scrap tires to the scrap tire recyclers in accordance with regulations adopted by the Department.

If located in the State, be licensed by the Department to receive tires from a consumer or a scrap tire hauler;

Apply for a license on a form provided by the Department;

Meet all zoning and land use requirements of the county or municipal corporation in which the tire collection facility is to be located;

Manage scrap tires in accordance with regulations adopted by the Department;

By means of a scrap tire hauler, transfer scrap tires to:

In accordance with regulations adopted by the Department and on forms provided by the Department, provide:

Beginning on July 1, 1992, a person may not operate as a scrap tire recycler in the State unless the person is licensed by the Department.

To apply for a license an applicant shall submit:

The Department shall adopt regulations necessary to administer the provisions of this section, including:

The Department may require the delivery of scrap tires in this State to 1 or more facilities, in the State or outside of the State, designated by the service as part of the tire recycling system.

A scrap tire hauler or scrap tire collection facility may not transport or transfer scrap tires to any place other than a facility designated under paragraph (2) of this subsection.

Before an individual authorized to administer oaths, who shall certify in writing to have administered the oath or taken the affirmation; or

By a signed statement that:

For a corporation, by an officer of the corporation authorized to do so;

For a sole proprietorship, by its owner; or

For a partnership, by a partner authorized to do so.

Act to remove or arrange for the removal of the used tires and provide for remedial action necessary to restore any natural resources; or

Take any other response measure that the Secretary considers necessary to protect the public health or welfare or the environment.

The Department of the Environment shall adopt regulations to carry out this Part III of this subtitle.

The Department of the Environment may not adopt a regulation or part of a regulation that deals with the land application of sewage sludge without the approval of the Department of Agriculture.

Alternative utilization methods;

Pathogen control;

Advertising requirements for public hearings and public information meetings;

Performance bonds, liability insurance, or other forms of security;

Procedures for notifying units of local government and other interested parties; and

Adequate standards for transporting sewage sludge, including requirements for enclosing or covering sewage sludge during transportation.

Methods for calculating loading rates that:

The crops that are to be grown on land on which sewage sludge may be applied;

The nature of any nearby surface water or groundwater;

The character of any affected area;

The character of nearby existing or planned land uses and transport routes;

The nearness of the land on which sewage sludge may be applied to sensitive areas, including flood plains, wetlands, and areas of critical concern;

The definitions of:

Acceptable cumulative loading rates, including rates for nitrogen and heavy metals;

Special requirements of land used for producing tobacco; and

Reasonable buffer areas to separate any home or other property from land on which sewage sludge may be applied.

The Department shall adopt regulations to establish a mechanism for determining annual generator’s fees.

The regulations shall provide for public input into the development of fee schedules.

The fee schedules shall take into account:

Submit an application to the Department on the form that the Department requires;

Certify by signature the truth and accuracy of the completed application;

Pay the application fee set by the Department to cover the cost of processing the application;

Obtain the written consent of the owner of the land where the sewage sludge will be applied, including an agreement that the owner will not violate the permit; and

Agree to permit or secure access to the sewage sludge utilization site for the purpose of any inspection permitted under § 9-243 of this subtitle.

File with the Department acceptable evidence of a bond or other security that the Department requires under § 9-240 of this subtitle; and

Satisfy every other requirement of this Part III of this subtitle.

To the legislative body and any elected executive of a county and to the elected executive of any municipal corporation where the sewage sludge utilization site is to be located; and

To the legislative body and any elected executive of any other county within 1 mile of the sewage sludge utilization site.

Publish notice of the application in a local newspaper having a substantial circulation in the county where the sewage sludge is to be applied or the facility is to be constructed;

Mail a copy of the notice to:

Except as otherwise provided in § 9–234.1 of this subtitle, within 15 days after receiving a copy of the permit application, the executive or the legislative body of the county, or the executive or the legislative body of the municipal corporation, where the sewage sludge is to be applied or the facility is to be constructed may request that the Department hold a public hearing.

If the Department receives a request under paragraph (1) of this subsection, the Department shall hold a public hearing:

If the executives or legislative bodies of more than one county or municipal corporation request a hearing under this subsection, the Department may hold a consolidated hearing:

The local health official;

The chairman of the legislative body and any elected executive of the county where the sewage sludge is to be applied; and

The elected executive of any municipal corporation where the sewage sludge is to be applied.

Within 10 days after receiving a copy of the permit application, the executive or the legislative body of the county, or the executive or the legislative body of the municipal corporation, where the sewage sludge is to be applied may request that the Department conduct a public information meeting.

If the Department receives a request under paragraph (1) of this subsection, the Department:

If the executives or legislative bodies of more than one county or municipal corporation request a public information meeting under this subsection, the Department may hold a consolidated public information meeting:

The federal or State government; or

The local government with jurisdiction over a county or municipality where the in–person meeting or hearing would otherwise be held.

If more than one county or municipal corporation will be affected by the granting of the sludge storage permit application, the Department may hold a consolidated hearing in one county or municipal corporation.

If the Department holds a consolidated hearing under paragraph (1) of this subsection, the consolidated hearing shall be held in accordance with Title 1, Subtitle 6 of this article.

The sewage sludge meets all applicable permit requirements; and

The sewage sludge may be utilized in the same manner, without additional treatment, as the sewage sludge that is generated by the generator.

Is in compliance with the permit and all appropriate regulations of the Department;

Submits to the Department a renewal application on the form that the Department requires; and

Pays the renewal application fee that the Department requires.

Refuse access to a sewage sludge utilization site to any representative of the Department, to a local health official, or to the local health official’s designee, who requests access under this section; or

Interfere with any inspection under this subtitle.

With the concurrence of the Department, a local health official may:

If a local health official recommends issuance of a stop work order and the Department does not concur, the Department shall inspect the sewage sludge utilization site within 24 hours after it receives the recommendation.

After inspecting the site and if necessary, the Department shall issue a stop work or other order to obtain compliance with State law, departmental regulations, or the sewage sludge utilization permit.

A county may seek injunctive relief or other appropriate remedies in circuit court if:

A local health official shall:

The Department:

The regulations adopted under this subsection shall include:

If the Department finds that an application for delegation of authority meets all applicable requirements of this section and the regulations adopted under this section, the Department shall enter into a written delegation agreement.

The Department shall establish performance standards for grants to provide reasonable reimbursement to counties, to the extent funds are available, for costs local health officials incur when they undertake authority delegated under this subsection.

A local health official may act through a designee under this subsection in accordance with an approved delegation agreement.

Causing an undue risk to the environment or public health, safety, or welfare; or

Otherwise violating this Part III, § 9-269, or § 9-270 of this subtitle;

The permit application contained false or inaccurate information;

There has been a substantial deviation from:

A representative of the Department has been refused entry to any area covered by the permit for the purpose of inspecting the area to ensure compliance with the conditions of the permit;

There is or has been a violation of this Part III, § 9-269, or § 9-270 of this subtitle, any regulation adopted under this Part III, § 9-269, or § 9-270 of this subtitle, or any condition of the permit; or

There is any other good cause.

The permit holder violates this subtitle, any regulation adopted by the Department under this subtitle, or any condition of the permit;

The Department determines that continued operation of any area covered by the permit would be injurious to public health or the environment; or

The Department determines that there is any other good cause.

To sue the State, the applicant, or the permit holder to require compliance with this Part III, § 9-269, or § 9-270 of this subtitle and any permit issued under § 9-236 of this subtitle; and

With respect to the sewage sludge utilization site, to intervene in:

To sue the applicant or the permit holder to require compliance with this Part III, § 9-269, or § 9-270 of this subtitle and any permit issued under § 9-236 of this subtitle; and

With respect to the sewage sludge utilization site, to intervene in:

In this section the following words have the meanings indicated.

“Commingle” means to mix treated sewage sludge with other materials for the purpose of reducing the concentration of regulated PFAS.

“Concentration of regulated PFAS” means the total concentration, as measured in accordance with monitoring protocols established under subsection (g) of this section, of the following per– and polyfluoroalkyl substances:

“PFOS” means perfluorooctane sulfonic acid.

“PFOA” means perfluorooctanoic acid.

A person may not apply sewage sludge to agricultural or marginal land if the sewage sludge has a total concentration of regulated PFAS equal to or greater than 50 parts per billion; and

If sewage sludge has a total concentration of regulated PFAS that is equal to or greater than 25 parts per billion but less than 50 parts per billion, a person may apply the sewage sludge to agricultural or marginal land only in accordance with subsections (e) and (f) of this section.

On or after October 1, 2028, if a sewage sludge generator determines, through monitoring protocols established under subsection (g) of this section, that its sewage sludge has a total concentration of regulated PFAS that is equal to or greater than 25 parts per billion but less than 50 parts per billion, subject to the requirements of this subsection and in accordance with Department regulations:

This subsection applies only to the land application on or after October 1, 2028, of sewage sludge that has a total concentration of regulated PFAS that is equal to or greater than 25 parts per billion but less than 50 parts per billion.

During the development and implementation of the source tracking study and mitigation plan required under subsection (f) of this section, a person may apply sewage sludge described under paragraph (1) of this subsection to land:

At least 14 days before land applying sewage sludge described under paragraph (1) of this subsection, the land applier shall provide notice of the concentration of regulated PFAS in the sewage sludge to:

This subsection applies only to a sewage sludge generator that produces sewage sludge that is intended for land application.

If a sewage sludge generator determines, through monitoring protocols established under subsection (g) of this section, that its sewage sludge has a total concentration of PFAS that is equal to or greater than 25 parts per billion, the sewage sludge generator shall:

A source tracking study conducted under this subsection shall be designed to determine the contributions of sources of PFOS and PFOA to the wastewater treatment system with sufficient specificity to allow the sewage sludge generator and the Department to reduce or prevent the release of PFOA and PFOS from controllable sources in accordance with applicable law.

A sewage sludge generator:

The Department shall provide a sewage sludge generator with reasonable technical assistance in the development of a source tracking study and mitigation plan under this subsection.

For a period of not more than 12 months following the date that commingling operations begin, a commingling operation may use a mass balance calculation to determine the concentration of regulated PFAS in the commingled product.

The Department may establish additional monitoring requirements for materials commingled in accordance with subsection (d) of this section.

In accordance with the federal Clean Water Act, the Department and pretreatment authorities may establish pretreatment standards for industrial users that discharge per– and polyfluoroalkyl substances at levels that exceed action levels established by the Department or the pretreatment authority under an industrial pretreatment program.

If a publicly owned treatment works does not have an industrial pretreatment program, and it is determined that sewage sludge produced for land application by the publicly owned treatment works has a total concentration of regulated PFAS equal to or greater than 25 parts per billion, the Department shall, in consultation with the publicly owned treatment works, evaluate the contribution from industrial users and determine appropriate controls to meet applicable standards.

The Department shall:

A local jurisdiction or a pretreatment authority may set appropriate rates and fees for industrial users, individually or as a class, that are determined to discharge per– and polyfluoroalkyl substances into the wastewater treatment system at levels that necessitate the implementation of mitigation measures.

This section may not be interpreted to limit the authority of a local jurisdiction or a pretreatment authority to set local limits that lead to reductions of per– and polyfluoroalkyl substances that exceed the reductions required under this section.

To prevent or correct pollution of the waters of this State, the Secretary may:

The Secretary may: