Title 9. Water, Ice, and Sanitary Facilities — Subtitle 11A. On–site Wastewater Services

In this subtitle the following words have the meanings indicated.

“Board” means the State Board of On–Site Wastewater Professionals.

“License” means any category of professional license issued by the Board to an individual to provide on–site wastewater services in the State.

This subtitle does not apply to an individual employed by a local, State, or federal agency while performing the duties of that employment.

Nothing in this subtitle prevents or prohibits a local government from imposing requirements, standards, or fees that are more stringent than the requirements, standards, or fees established in this subtitle.

There is a State Board of On–Site Wastewater Professionals in the Department.

The purpose of the Board is to regulate individuals who provide on–site wastewater services or engage in the business of providing on–site wastewater services in the State for the purpose of safeguarding the life, health, property, environment, and public welfare of the residents of the State.

Any final action of the Board is subject to review by the Secretary or the Secretary’s designee.

While a member of the Board, a consumer member may not:

Before taking office, each appointee to the Board shall take the oath required by Article I, § 9 of the Maryland Constitution.

The Governor may remove a voting member for incompetence, misconduct, or on recommendation of a majority of the Board.

The members of the Board shall designate a chair, a vice chair, and a secretary.

The Board shall determine the means of the election of officers.

A majority of the members then serving on the Board is a quorum.

The Board shall determine the times and places of its meetings.

Each member of the Board is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

The Board may employ a staff in accordance with the State budget.

Make recommendations to the Department on the adoption of regulations to carry out the provisions of this subtitle, including:

Review regulations proposed by the Department to carry out the provisions of this subtitle;

Establish a code of ethics provided by the Department for:

On or before June 1, 2024, make recommendations to the Department for establishing the licensing and certification procedures specified under item (1) of this section;

Collect and account for the fees provided for under this subtitle; and

Keep a current record of all individuals and entities licensed under this subtitle.

The Board shall publish a schedule of the fees.

The Board shall pay all funds collected under this subtitle into the On–Site Wastewater Professionals Fund established under § 9–11A–11 of this subtitle.

In this section, “Fund” means the On–Site Wastewater Professionals Fund.

There is an On–Site Wastewater Professionals Fund.

The purpose of the Fund is to provide funding to maintain the Board.

The Board shall administer the Fund.

The Fund consists of:

The Fund shall be used only to pay for the cost of creating the Board, maintenance of the Board, reasonable administrative costs, and implement the provisions of this subtitle.

Expenditures from the Fund may be made only in accordance with the State budget.

Money expended from the Fund to maintain the Board or implement the provisions of this subtitle is supplemental to and is not intended to take the place of funding that otherwise would be appropriated for the Board.

The status of the On–Site Wastewater Professionals Fund;

Revenues and expenditures from the On–Site Wastewater Professionals Fund;

The efficiency of the regulations adopted by the Department to implement the provisions of this subtitle;

Compliance with the regulations adopted by the Department to implement the provisions of this subtitle; and

Based on the factors specified in items (1) through (4) of this section, the necessity to review and adjust the fees set by the Department by regulation.

To qualify for a license, an applicant shall meet the requirements established by the Department by regulation.

To apply for a license, an applicant shall:

A license issued by the Board in accordance with this subtitle is valid for 2 years.

In accordance with the requirements established by the Department by regulation, the Board may issue a certification to an individual to perform specific tasks associated with on–site wastewater services if the individual:

Violates any provision of this subtitle or any regulation adopted under this subtitle;

Fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another;

Fraudulently or deceptively uses a license; or

Is found guilty of gross negligence, incompetence, or misconduct while providing on–site wastewater services.

Except as otherwise provided in Title 10, Subtitle 2 of the State Government Article, before the Board takes any final action under § 9–11A–16 of this subtitle it shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board.

The Board shall give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.

The Board may administer oaths in connection with any proceeding under this section.

If, after due notice, the applicant or licensee against whom the action is contemplated fails or refuses to appear, the Board may hear and determine the matter.

Any person aggrieved by a final decision of the Board in a contested case, as defined in § 10–202 of the State Government Article, may take an appeal as allowed in §§ 10–222 and 10–223 of the State Government Article.

Except as provided in § 9–11A–15(a) of this subtitle, an individual may not provide, attempt to provide, or offer to provide on–site wastewater services unless the individual is licensed by the Board.

A license may not be borrowed, rented, or transferred to another individual.

A person who violates any provision of this subtitle or of any regulation adopted under this subtitle is guilty of a misdemeanor and on conviction is subject:

Each day that a person provides on–site wastewater services without a license constitutes a separate offense.

Instead of or in addition to any other penalties under this title, the Board may impose a civil penalty on a person who violates § 9–11A–20 of this subtitle in an amount not exceeding $1,000 per day for all violations cited on a single day.

In setting the amount of the civil penalty, the Board shall consider:

If a violator fails to pay a civil penalty within 30 days of its imposition by the Board, the matters shall be forwarded to the Central Collection Unit in the Department of Budget and Management for the collection of the civil penalty.

The Board shall pay any penalty collected under this section into the On–Site Wastewater Professionals Fund established under § 9–11A–11 of this subtitle.

Instead of or in addition to any other penalties authorized under this title, the Board may impose an administrative penalty on a person who violates this subtitle in an amount not exceeding $1,000 per day for all violations cited on a single day.

In setting the amount of the administrative penalty, the Board shall consider:

If a violator fails to pay an administrative penalty within 90 days after the imposition of the administrative penalty by the Board, the matter shall be forwarded to the Central Collection Unit in the Department of Budget and Management for the collection of the administrative penalty.

Any penalties collected under this section shall be paid into the On–Site Wastewater Professionals Fund established under § 9–11A–11 of this subtitle.