In this subtitle the following words have the meanings indicated. “First sale” means a sale of a new tire that is not a sale to a wholesaler or out-of-state retailer. “Local health official” means: 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. “Person” includes the federal government, a state, county, municipal corporation, or other political subdivision. “Refuse disposal system” includes: An incinerator; A transfer station; A landfill system; A landfill; A solid waste processing facility; and Any other solid waste acceptance facility. “Scrap tire” means any tire that no longer is suitable for its original intended purpose by virtue of wear, damage, or defect. “Scrap tire collection facility” means a place where scrap tires are: Deposited by a consumer or a scrap tire hauler; and Transferred to another scrap tire collection facility or scrap tire recycler. “Scrap tire hauler” means a person who as part of a commercial business: 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. “Scrap tire recycler” means a person who is approved and licensed by the Department to process scrap tires to a form of raw materials or products that may be returned to the marketplace. “Service” means the Maryland Environmental Service. “Sewage” means the water–carried domestic waste from residences, buildings, industrial establishments, or other places. “Sewage sludge” means any thickened liquid, suspension, settled solid, or dried residue that a sewage treatment plant extracts from sewage. “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: The Washington Suburban Sanitary Commission; and The Maryland Environmental Service. “Sewage sludge generator” does not include the owner or operator of a septic system. “Sewage sludge utilization permit” means a permit, issued by the Department, to utilize sewage sludge. “Sewage sludge utilizer” means a person who utilizes sewage sludge in this State. “Sewage sludge utilizer” includes: The Washington Suburban Sanitary Commission; and The Maryland Environmental Service. “Sewerage system” means: The channels used or intended to be used to collect and dispose of sewage; and Any structure or appurtenance used or intended to be used to collect or prepare sewage for discharge into the waters of this State. “Sewerage system” includes any sewer of any size. “Sewerage system” does not include the plumbing system inside any building served by the sewerage system. “Store scrap tires” means the accumulation of scrap tires in any form or configuration in excess of 15,000 cubic feet. “Tire dealer” means a person who sells new tires to: 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. “Tire wholesaler” means a person who transfers tires to a person who is not a consumer. “Utilize sewage sludge” means to collect, handle, burn, store, treat, or transport sewage sludge to or from a sewage sludge generator or utilizer in this State, to apply it to land, or to dispose of it. “Water supply system” means: A source and the surrounding area from which water is supplied for drinking or domestic purposes; and Any structure, channel, or appurtenance used to prepare water for use or to deliver water to a consumer. “Water supply system” does not include the plumbing system inside any building that is served by the water supply system.

It is the intent of the General Assembly that homeowners have access to programs to assist them in meeting their payment obligations for water and sewer services. A political subdivision, a sanitary commission, or an authority providing services under this title may develop and implement service affordability programs to assist homeowners having difficulty making payments for water and sewer services, including: Payment plans; and Round up programs in which ratepayers may donate to a fund to be used to provide payment assistance to homeowners.

This section applies to any water supply system, sewerage system, refuse disposal system that is for public use, or any refuse disposal system that is a solid waste acceptance facility as defined in § 9–501(n) of this title if the solid waste acceptance facility is installed, altered, or extended after July 1, 1988. 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: A permit issued under this section for a privately owned water supply or sewerage system; or A permit applied for by a local unit of government for a privately financed water supply or sewerage system. 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. A person shall have a permit issued by the Secretary under this section before the person installs, materially alters, or materially extends a water supply system, sewerage system, or refuse disposal system. An applicant for a permit shall: Submit to the Secretary an application that contains: The complete plans and specifications for the installation, alteration, or extension of the water supply system, sewerage system, or refuse disposal system; For any application related to any solid waste acceptance facility in the areas of Baltimore City designated by the United States Post Office as zip code numbers 21225, 21226, and 21230, a groundwater and surface water impact analysis prepared at the expense of the applicant regarding the proposed installation, alteration, or extension; and Any other information that the Secretary requires; 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. Results of any groundwater and surface water impact analysis required under subsection (e)(1)(ii) of this section may be a basis for the Secretary’s denial of a permit. When a person applies for a permit and pays the fee under this section, the Secretary shall: Examine the application without delay; and Approve the application and issue the permit; Disapprove the application; or State the conditions under which the Secretary would approve the application. 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: The application is approved automatically; and The Secretary shall issue a permit for the work. A person may not: 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. After a person completes work under a permit, the person shall submit to the Secretary for permanent record a certified copy of the plans that shows the work as built. An owner or operator of an incinerator may not accept more than 150 tons per day of special medical waste, as defined in Title 26, Subtitle 13, Chapter 11 of the Code of Maryland Regulations. 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 operation, construction, reconstruction, replacement, expansion, and material alteration or extension of an incinerator that was operating as a resource recovery facility on January 1, 1997; or The issuance of permits necessary for the operation, construction, reconstruction, replacement, expansion, and material alteration or extension of an incinerator that was operating on January 1, 1997. 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: The operation, construction, reconstruction, replacement, expansion, or material alteration or extension of a transfer station that was operating on January 1, 2000; or The issuance of a permit that is necessary for the operation, construction, reconstruction, replacement, expansion, or material alteration or extension of a transfer station that was operating on January 1, 2000. The Secretary may not issue any permit under this section to construct or operate a landfill within 4 miles of Unicorn Lake in Queen Anne’s County, within 1 mile of the Piscataway Creek, a Piscataway Creek tributary, or the Mattawoman Creek, or within 1 mile of any other tributary in Prince George’s County that flows directly or indirectly into the Potomac River. 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: The following solid waste categories: Construction and demolition debris; Incinerator ash; Industrial waste; Land clearing debris; Municipal solid waste; and Any other solid waste identified by the Department; The amount of solid waste disposed of in the State that is generated outside of the State; The jurisdictions where the solid waste originated; The amount of solid waste generated in the State that is transported outside of the State for disposal; and An estimate of the amount of solid waste managed or disposed of by: Recycling; Composting; Landfilling; and Incineration. All permitted solid waste acceptance facilities shall at least annually provide to the Department information that is necessary to prepare the report required under paragraph (2) of this subsection. Under subparagraph (i) of this paragraph, a facility owner may provide the following information: An accounting of the facility’s economic benefits provided to the locality where the facility is located; The value of disposal and recycling facilities provided to the locality at no cost or reduced cost; Direct employment associated with the facility; and Other economic benefits resulting from the facility during the preceding calendar year. 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: The House Environment and Transportation Committee; and The Senate Education, Energy, and the Environment Committee. A facility owner is not required to provide information under paragraph (4) of this subsection that is a trade secret.

The Secretary may not issue a permit to install, materially alter, or materially extend an incinerator for disposal of a solid waste stream, as defined in § 9-1701 of this title, unless the county where the proposed incinerator is to be installed, materially altered, or materially extended has a recycling plan submitted and approved in accordance with § 9-505 of this title.

In addition to the requirements of § 9–204 of this subtitle and Title 1, Subtitle 6 of this article, an applicant for a permit to install, materially alter, or materially extend a landfill system shall give notice of the application by certified mail to: 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. Any informational meeting required by § 1–603 of this article shall be held in accordance with Title 1, Subtitle 6 of this article.

In this section, “authority” means a water, sewerage, or sanitary district authority. This section applies only to any water supply system, sewerage system, or refuse disposal system that is for public use in this State. Any authority or person who owns a water supply system, sewerage system, or refuse disposal system or who supplies or is authorized to supply water, sewerage, or refuse disposal service to the public shall submit to the Secretary: A certified copy of the complete plans for the water supply system, sewerage system, or refuse disposal system that: Is correct on the date of submission; and Is of the scope and detail that the Secretary requires; and Any existing specifications of or reports on the water supply system, sewerage system, or refuse disposal system. If plans do not exist or are of insufficient scope or detail, the authority or person who is required to submit the plans shall: 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: Is used or is intended to be used as a building site; and Is not intended to be further subdivided. “Major subdivision” means: The subdivision of land: Into new lots, plats, building sites, or other divisions of land defined or described as a major subdivision in a local ordinance or regulation: That is in effect on or before January 1, 2012; or Adopted on or before December 31, 2012, if a local jurisdiction chooses to create a definition or description applicable solely to this section or if a local ordinance or regulation does not define or describe a major subdivision under item A of this item; or If a local jurisdiction has not adopted a definition or description of a major subdivision on or before December 31, 2012, under item 1 of this item, into five or more new lots, plats, building sites, or other divisions of land; and If the local ordinance or regulation has multiple definitions or descriptions of a major subdivision under item (i) of this paragraph, the definition or description of a major subdivision that is determined by the local jurisdiction to apply for the purposes of this section. “Minor subdivision” means: The subdivision of land: Into new lots, plats, building sites, or other divisions of land defined or described as a minor subdivision in a local ordinance or regulation: That is in effect on or before January 1, 2012; or Adopted on or before December 31, 2012, if a local jurisdiction chooses to create a definition or description applicable solely to this section or if a local ordinance or regulation does not define or describe a minor subdivision under item A of this item, provided that a minor subdivision defined or described in the adopted ordinance or regulation does not exceed seven new lots, plats, building sites, or other divisions of land; or If a local jurisdiction has not adopted a definition or description of a minor subdivision on or before December 31, 2012, under item 1 of this item, into fewer than five new lots, plats, building sites, or other divisions of land; and If the local ordinance or regulation has multiple definitions or descriptions of a minor subdivision under item (i) of this paragraph, the definition or description of a minor subdivision that is determined by the local jurisdiction to apply for the purposes of this section. “On–site sewage disposal” means the disposal of sewage beneath the soil surface. “On–site sewage disposal system” means a sewage treatment unit, collection system, disposal area, and related appurtenances. “On–site sewage disposal system” includes a shared facility or community sewerage system that disposes of sewage effluent beneath the soil surface. “Public sewer” means a community, shared, or multiuse sewerage system. “Shared facility” means a sewerage system that: Serves more than one: Lot and is owned in common by the users; Condominium unit and is owned in common by the users or by a condominium association; User and is located on individual lots owned by the users; or User on one lot and is owned in common by the users; or Is located wholly or partly on any of the common elements of a condominium; or Serves a housing or another multiple ownership cooperative. “State agency” means: The Maryland Agricultural Land Preservation Foundation; The Maryland Environmental Trust; The Department of Natural Resources; or The Maryland–National Capital Park and Planning Commission. “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: By October 1, 2012, a submission for preliminary plan approval is made to a local jurisdiction that includes, at a minimum, the preliminary engineering, density, road network, lot layout, and existing features of the proposed site development; By July 1, 2012, in a local jurisdiction that requires a soil percolation test before a submission for preliminary approval: An application for a soil percolation test approval for all lots that will be included in the submission for preliminary approval is made to the local health department; and Within 18 months after approval of the soil percolation tests for the lots that will be included in the submission for preliminary approval, a submission for preliminary approval is made to a local jurisdiction that includes, at a minimum, the preliminary engineering, density, road network, lot layout, and existing features of the proposed site development; or By July 1, 2012, in a local jurisdiction that requires a soil percolation test before a submission for preliminary approval and the local jurisdiction does not accept applications for soil percolation tests year round: Documentation that a Maryland professional engineer or surveyor has prepared and certified under seal a site plan in anticipation of an application for soil percolation tests; An application for a soil percolation test approval for all lots that will be included in the submission for preliminary approval is made to the local health department at the next available soil percolation test season; and Within 18 months after approval of the soil percolation tests for the lots that will be included in the submission for preliminary approval, a submission for preliminary approval is made to a local jurisdiction that includes, at a minimum, the preliminary engineering, density, road network, lot layout, and existing features of the proposed site development; and By October 1, 2016, the preliminary plan is approved. 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. Subsections (f) through (i) and subsection (l) of this section do not: 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. Subsections (f) through (i) and subsection (l) of this section may not be construed as prohibiting a local jurisdiction from altering the definition or description of a major or minor subdivision in a local ordinance or regulation for local zoning or development purposes. On or after December 31, 2012, a local jurisdiction: 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: A residential minor subdivision served by on–site sewage disposal systems if the residential subdivision otherwise meets the requirements of this title; or A major or minor subdivision served by public sewer in a Tier I area. 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: All lots proposed in an area designated for Tier I growth will be served by public sewer; All lots proposed in an area designated for Tier II growth: Will be served by public sewer; or If the subdivision is a minor subdivision, may be served by on–site sewage disposal systems; Except as provided in subsection (h) of this section, the subdivision is a minor subdivision served by individual on–site sewage disposal systems in a Tier III or Tier IV area; or The subdivision is a major subdivision served by on–site sewage disposal systems, a community system, or a shared facility located in a Tier III area and has been recommended by the local planning board in accordance with § 5–104 of the Land Use Article. 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: The comprehensive plan, including the municipal growth element, the water resources element, the land use element, and, if applicable, the priority preservation element; Growth projections and development capacity; and Availability of infrastructure. With respect to land that is platted for subdivision, a person may not offer any of the land for sale or development or erect a permanent building on the land, unless there have been submitted to the Department: 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: Tier III area as adopted by the local jurisdiction; or Tier IV area in a local jurisdiction that is exempt from the limitation of minor subdivisions as provided in subsection (h) of this section; and Any other information that the Department requires. On the basis of information provided under subsection (j) of this section, the Department may order: 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: Conforms to the plans submitted to the Department and to any revision of the plans that the Department approves; and In the judgment of the Department, is needed for the public health. 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: The residential minor subdivision may not be resubdivided or further subdivided; and The remainder parcel or tract of land may not be subdivided. 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: The residential minor subdivision may not be resubdivided or further subdivided; The remainder parcel or tract of land may not be subdivided; and The subdivision plat is subject to State law and local ordinances and regulations. 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: Within a priority funding area as defined in Title 5, Subtitle 7B of the State Finance and Procurement Article; and Designated for public sewerage service within 10 years in the approved water and sewer plan. A tract or parcel of land may be subdivided into a residential minor subdivision in Tier II, Tier III, or Tier IV areas over time if each time a new lot or parcel is created, the subdivision plat states the number of new lots, plats, building sites, or other divisions of land that are left with the number of lots, plats, building sites, or other divisions of land allowed as a subdivision. Except as provided in subparagraph (iii) of this paragraph, when the tract or parcel of land that is subdivided over time reaches the total number of lots, plats, building sites, or other divisions of land that are allowed as a residential minor subdivision, the subdivision plat shall state that: The residential minor subdivision may not be resubdivided or further subdivided; The remainder parcel or tract of land may not be subdivided; and The subdivision plat is subject to State law and local ordinances and regulations. A remainder parcel or tract of land may be subdivided for nonresidential agricultural purposes, including a farm market, agricultural processing facility, or creamery, and the owner may apply for approval of an on–site sewage disposal system to serve the nonresidential agricultural purposes. In this subsection, “agricultural activities” includes: Plowing, tillage, cropping, seeding, cultivating, and harvesting for the production of food and fiber products; and The grazing of livestock. 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: Is limited to a total of 15 lots; and Shall cluster the lots on the property. 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.

In this section, “basic main facility”: Includes: A sewage treatment plant; An intercepting sewer; An outfall sewer; A pumping station; and A force main that is connected with a sewage treatment plant, intercepting sewer, outfall sewer, or pumping station; and Does not include a lateral or collector pipe that serves individual properties or developments. The Secretary shall help counties and municipal corporations of this State and the Washington Suburban Sanitary Commission to develop comprehensive master plans for constructing the basic main facilities of sewerage systems for collecting and disposing of sewage or industrial waste from lateral or collector pipes. If the Secretary considers that regional planning is advisable, the Secretary shall attempt to coordinate on a regional basis: The development of master plans under subsection (b) of this section; and Approval of the construction of sanitary facilities under this subtitle. This section does not take away any power of the Washington Suburban Sanitary Commission.

On request, the Secretary shall consult with and advise the owner, operator, prospective owner, or prospective operator of an existing or planned water supply system, drainage system, sewerage system, or refuse disposal system with respect to the existing and future needs of all persons and communities that may be affected on any of the following aspects of the system: 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. On request, the Secretary shall consult with and advise the owner, operator, prospective owner, or prospective operator of any business that produces sewage that may pollute the waters of this State. The Secretary may conduct any experiment relating to the purification of water or the treatment of sewage or refuse. A person need not pay for consultation, advice, or experiments that the Secretary provides under this section. 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.

The applicant shall give notice of the application, the informational meeting, and hearings: 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: A county in which the landfill system or incinerator for public use is located; or A county within 1 mile of the property line of the proposed landfill system or incinerator for public use; 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. The local officials notified under subsection (a)(2) of this section shall give notice of the application, the informational meeting, and hearings to all interested agencies of their respective jurisdictions. To the extent practicable, the Department and other units of the State government shall consolidate the informational meeting and hearings concerning permits for the same landfill system or incinerator for public use.

Subject to the provisions of subsection (b) of this section, the Secretary may not issue a permit to install, materially alter, or materially extend a refuse disposal system regulated under § 9-204(a) of this subtitle until the requirements set forth in this subsection are met in the following sequence: 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: Meets all applicable county zoning and land use requirements; and Is in conformity with the county solid waste plan. Upon completion of the requirements of subsection (a)(1) and (2) of this section, the Department shall cease processing the permit application until the requirements of subsection (a)(3) of this section are met. 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: Trees; Land clearing debris that is not a controlled hazardous substance as defined in Title 7, Subtitle 2 of this article; Demolition debris that is not a controlled hazardous substance as defined in Title 7, Subtitle 2 of this article; and Construction debris that is not a controlled hazardous substance as defined in Title 7, Subtitle 2 of this article. 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: Asbestos, if: The asbestos is wet or otherwise in accordance with federal national emission standards for hazardous air pollution when delivered to the landfill; and The owner or operator of the landfill retains a record that clearly delineates where the asbestos has been deposited; White goods; and Subject to § 9-228(f) of this subtitle, scrap tires.

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: File with the Department a bond on the form that the Department provides; or Deposit with the governing body of the local jurisdiction where the landfill, incinerator, or transfer station will be located cash, negotiable bonds of the federal government or this State, or any other security that the Department approves. 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. A bond filed under this section shall be payable to the governing body of the political subdivision where the landfill, incinerator, or transfer station will be located. Except as provided in paragraph (3) of this subsection, for a landfill: Unless otherwise required by federal law or regulation, a bond filed under this section shall be in the amount of $10,000 for each acre of land to which the permit applies, but not less than $250,000; Cash deposited under this section shall be not less than the amount specified in item (i) of this paragraph; and The market value of other security deposited under this section shall be not less than the amount specified in item (i) of this paragraph. For an incinerator or transfer station, the Department shall establish the amount of the security required by this section. This paragraph does not apply to a rubble landfill. For sanitary landfills that are restricted to acceptance of land clearing debris specified in regulations of the Department, a bond filed under this section shall be in the amount of $2,000 for each acre of land to which the permit applies, with a minimum amount of security of $25,000. Both the applicant for a permit and a corporate surety licensed to do business in this State shall execute any bond filed under 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: The duration of the operation of the landfill, incinerator, or transfer station; and An additional 5 years after the closing of the landfill, incinerator, or transfer station. 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: Notifies the permit holder and any corporate surety on the bond that the landfill, incinerator, or transfer station has not been closed in a manner that prevents erosion, health and safety hazards, nuisances, and pollution; Specifies in the notice the deficiencies in the closing that must be corrected; Gives the permit holder and the corporate surety a reasonable opportunity to correct the deficiencies and to close the landfill, incinerator, or transfer station in accordance with the regulations of the Department; and Authorizes the local governing body to close the landfill, incinerator, or transfer station in accordance with the regulations of 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. Before the Secretary issues a permit for a sanitary landfill, the applicant for the permit shall provide proof of financial assurance in accordance with the regulations adopted by the Department under this section. Until the regulations adopted by the Department under subsection (a) of this section are effective, or if those regulations cease to be effective, sanitary landfills that accept municipal solid waste shall comply with the requirements of § 9-211 of this subtitle.

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: The date specified in the option; or The date when the landfill ceases to be actively used. 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 option granted under this section is binding on any heir, representative, successor, or assign of the grantor.

The Department may deny an application for a permit for a sanitary landfill system to any nongovernmental person if: The owner of the land, the operator, or the applicant has violated: 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 The Department finds that operation of the sanitary landfill system would harm public health or the environment.

A permit for a landfill system expires on the 5th anniversary of its date of issue, unless the permit is renewed for a 5-year term as provided in this section. Before a permit for a landfill system expires, the permit holder may renew it for an additional 5-year term, if the permit holder: 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.

The Department may refuse to renew a permit for a landfill system if: The permit holder violates any provision of this subtitle, any regulation adopted under this subtitle, any condition of the permit, or, if operating a landfill in another state, any statute, regulation, or permit of that state concerning landfill systems; The Department finds that continued operation of the landfill system would be injurious to public health or the environment; or The Department finds that there is any other good cause.

When landfill operations end, the holder of a permit issued under this subtitle for a landfill system shall close and cover all of the land for which the permit was issued in a manner that prevents: Erosion; Health and safety hazards; Nuisances; and Pollution. The Department shall adopt regulations that set standards for the closing and covering of landfill systems.

In the coastal plain physiographic province of this State, a person may use any of the conventional, on-site sewage disposal systems identified in subsection (b) of this section if: 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. Systems that may be used under subsection (a) of this section are: A septic tank or aerobic treatment system with: Standard trench or deep trench subsurface irrigation; A seepage pit; or A sand mound disposal system; and Any other on-site sewage disposal system that the Department in its regulations states is conventional. The Department may adopt regulations to carry out this section.

Notwithstanding any provision of this title or any regulation of the Department that prohibits the installation of a specific on-site sewage disposal system, at the request of a person who owns a lot that was legally established on November 17, 1985, the Department shall test and evaluate the lot for an on-site sewage disposal system as if the person had applied to the Department and the Department had acted on the application on November 17, 1985.

There is a Sanitary Facilities Fund. The Department may use the Sanitary Facilities Fund to finance planning for water and sewerage facilities and for solid waste disposal facilities and solid waste acceptance facilities. 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. The Department and any county, or the Department and the Washington Suburban Sanitary Commission, jointly may finance planning under this section. The Department and any local government may make a joint financing agreement to use any available federal grant for the planning under this section. Any county or municipal corporation may appropriate its general funds to participate in the planning under this section. If a special government agency is charged with providing sanitary facilities in a county or municipal corporation, the Department, the county, or the municipal corporation may make general funds available to that agency for the planning under this section.

This section does not apply if the State would lose or be denied any federal assistance or other funds because of its application. 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. Notwithstanding subsection (b) of this section, the Department may use available funds to construct a new sewerage system, collector line, or facility that does not discharge into a river, including a new sewerage system that incorporates land disposal of treated sewage effluent.

The Secretary shall order the owner or person in charge of a water supply system, sewerage system, or refuse disposal system to correct the following improper conditions, if, after investigation, the Secretary determines that, because of incompetent supervision or inefficient operation, the water supply system, sewerage system, or refuse disposal system: Is not producing reasonable results from a sanitary viewpoint; Is a menace to health or comfort; or Is causing a nuisance. The order shall require that the water supply system, sewerage system, or refuse disposal system produce specific, reasonable results within a time that the Secretary sets. 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.

If, after investigation, the Department determines that any water supply system, sewerage system, or refuse disposal system is a menace to health or comfort or is causing a nuisance, and that conditions cannot be improved sufficiently only by changing the method of operation, the Department may order the owner: 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. An order under subsection (a) of this section shall state a reasonable date for completion of the work. The Secretary may authorize a health officer: To investigate refuse disposal systems; and To enforce any regulation of the Department concerning refuse disposal systems.

The Secretary may issue an order under subsection (b) of this section, if, after investigation, the Secretary determines that the absence or incompleteness of a public water supply system, public sewerage system, or refuse disposal system in a county, municipal corporation, sanitary district, subdivision, or locality: 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. An order under this section may require: 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.

If a water supply system that serves the public or a sewerage system that serves the public is directly available to service any property on which there is a spring, well, cesspool, privy, sink drain, or private sewage disposal system that is or could become prejudicial to health or the environment, the Secretary may order that: 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. If the Secretary determines that a proposed well, cesspool, privy, sink drain, or private sewage disposal system would be prejudicial to health, the Secretary may prevent construction of the well, cesspool, privy, sink drain, or private sewage disposal system. This subsection does not apply to: The construction of a new dwelling; or Any addition to or renovation of an existing dwelling. The Secretary shall allow the owner of a dwelling unit to install an on-site sewage disposal system for the dwelling unit if: The dwelling unit is owner-occupied; The dwelling unit is legally situated on a property and legally occupied; and The Secretary finds that the on-site sewage disposal system would be a reasonable solution to sewage problems on the property and would not be an undue risk to the environment or to public health, safety, or welfare. A person may not build a privy in this State unless the privy will, in the judgment of the Secretary, prevent: The soil from coming in contact with any fecal matter; and Flies from gaining access to any fecal matter. If the Secretary finds that a person has built a privy in violation of paragraph (1) of this subsection, the Secretary shall: Condemn the privy; and Order any change sufficient to bring about compliance with paragraph (1) of this subsection. 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: Is built in accordance with specified standards; and Is not prejudicial to health or to the environment.

Any new or replacement piping that is buried or installed for the purpose of connecting a building to a water supply system or a sewerage system shall comply with the requirements of § 12–129 of the Public Utilities Article.

On request of the Secretary, the owner or operator of an industrial establishment shall submit to the Secretary any plan, information, or record concerning the waste disposal methods the industrial establishment uses. 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: To stop polluting the body of water into which the industrial establishment discharges its waste; or To alter the waste disposal methods of the industrial establishment in any way that the Secretary considers necessary to protect public health and comfort. 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. A person who is subject to an order issued under this section shall have a permit issued by the Secretary under § 9-204 of this subtitle before the person may change the waste disposal methods used by an industrial establishment.

Unless a person applied for the permit before October 1, 1981, the Secretary may not issue a permit for a proposed landfill that would be within one-half mile of any hospital.

If a landfill system for hazardous wastes does not qualify for a certificate of public necessity under § 7-405(d)(2) of this article, the Secretary may not issue a permit for the system.

In this section the following words have the meanings indicated. “Infectious waste” means any waste that comes from a hospital, laboratory, or other health care facility as defined in § 19-114 of the Health - General Article and that is known or suspected to be contaminated with organisms capable of producing disease or infection in humans. “Infectious waste” includes: Contaminated disposable equipment, instruments, and utensils; Contaminated needles, scalpels, and razor blades; Human tissues and organs that result from surgery, obstetrics, or autopsy; Feces, urine, vomitus, and suctionings; Live vaccines for human use; Blood and blood products; and Laboratory specimens, such as tissues, blood elements, excreta, and secretions. A hospital, laboratory, or other health care facility as defined in § 19-114 of the Health - General Article may not dispose of infectious waste, or cause infectious waste to be disposed of, in a landfill system in this State. The Secretary is responsible with law enforcement personnel in this State for monitoring and enforcing subsection (b) of this section.

This section does not apply to an individual authorized to store scrap tires, haul scrap tires, or operate a scrap tire collection facility or a scrap tire recycler in the State under §§ 10–14A–03 and 10–14B–03 of the State Government Article. In this section, “approved facility” means a facility located in or outside of the State for collecting, recycling, or otherwise processing scrap tires that is approved or licensed by the Department in accordance with regulations adopted by the Department. A person may not store scrap tires in the State unless the person demonstrates to the satisfaction of the Department that, within 90 days of the time that the person stores the scrap tires, the scrap tires will be: 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: Scrap tire recyclers; and An approved resource recovery facility that uses tires as a fuel substitute; or An approved facility that uses tires as a tire derived fuel. A person may not incinerate tires except in: An approved resource recovery facility that uses tires as a fuel substitute; or An approved facility that uses tires as a tire derived fuel. 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: There is no reasonable and economically available opportunity to process the tires and return them to the marketplace for reuse; and The burning or incineration meets all federal and State air quality standards. Scrap tire collection facilities, haulers, or recyclers may be publicly or privately owned and operated. 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: By January 1, 1993 for any county with a population of 150,000 or more according to the most recent projections by the Department of Planning; and By January 1, 1994 for any county with a population of less than 150,000 according to the most recent projections by the Department of Planning. 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: Shall give preference to existing private or public scrap tire collection, processing, or recycling programs or facilities that meet the requirements of this subtitle; and May include in–State facilities licensed by the Department as well as out–of–state facilities approved by the Department. Each scrap tire recycling system established under this subsection shall: Meet all zoning and land use requirements of the county or municipal corporation in which the system is to be located; and Be provided for in the county plan required under § 9–503 of this title. Except as provided in subparagraph (ii) of this paragraph, after January 1, 1994 scrap tires may not be disposed of in a landfill. The Secretary may waive the requirements of subparagraph (i) of this paragraph under such terms and conditions and for such periods as the Department considers appropriate if the Department determines that a scrap tire recycling system: Does not exist; or Has insufficient capacity to accommodate the amount of scrap tires generated in the State. 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 Department shall establish a tire recycling fee to be imposed on the first sale of a new tire in the State by a tire dealer, including new tires sold as part of a new or used vehicle, trailer, farm implement, or other similar machinery. A county, municipal corporation, or any agency of a county or municipal corporation may not impose any tax, fee, or other charge on the first sale of a new tire by a tire dealer. The tire recycling fee: Shall be set at $1 per tire beginning January 1, 2026; Subject to item (iii) of this paragraph, may be adjusted for inflation every 2 fiscal years based on the Consumer Price Index, as determined by the Department; and May not exceed $2 per tire. 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. Each tire dealer shall: Pay the tire recycling fee; and Complete and submit, under oath, a return and remit the fees to the Comptroller of the Treasury on or before the 21st day of the month that follows the month in which the sale was made, and for other periods and on other dates that the Comptroller specifies by regulation, including periods for which no fees were due. For periods beginning after December 31, 2026, a person shall file a tire recycling fee return electronically. 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: Shall administer the tire recycling fee; and May adopt any regulations that are necessary or appropriate to administer, collect, and enforce the tire recycling fee. Beginning on July 1, 1992, each scrap tire hauler shall: 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. Beginning on July 1, 1992, each scrap tire collection facility shall: 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: A scrap tire recycler; or Another scrap tire collection facility; and In accordance with regulations adopted by the Department and on forms provided by the Department, provide: The Department with: A record of the destination; The name of the hauler that is registered with the Department; and The quantity of each shipment of scrap tires; and Each hauler with: A record of the destination; and The quantity of each shipment of scrap tires. 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: An application to the Department on the form that the Department requires; and Any document or other information required in regulations adopted by the Department. The Department shall adopt regulations necessary to administer the provisions of this section, including: Minimum standards for the operation, maintenance, monitoring, reporting, and suspension of each scrap tire recycling system; Requisite evidence of financial ability to properly establish, operate, and maintain a scrap tire recycling system, including the posting of bonds and other securities; and The forfeiture of bonds and other securities for noncompliance with the requirements of this section or any applicable regulation. 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.

A requirement in this subtitle that a document be under oath means that the document shall be supported by a signed statement made under the penalties of perjury that the contents of the document are true to the best of the knowledge, information, and belief of the individual making the statement. The oath or affirmation shall be made: 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: Is in the document or attached to and made part of the document; and Is expressly made under the penalties for perjury. If the procedures provided in subsection (b)(2) of this section are used, the affidavit subjects the individual making it to the penalties for perjury to the same extent as an oath or affirmation made before an individual authorized to administer oaths. A document made under oath shall be signed: 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.

Unless the Secretary determines that a removal and remedial action will be done properly and in a timely manner by the owner or operator of a site where used tires are stored or disposed of, if used tires are stored or disposed of at a site in a manner that may present a threat to the public health or environment, the Secretary may: 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. Nothing in this section shall prohibit the Secretary from abating a nuisance under the provisions of Title 10 of this article, regardless of the volume of used tires stored.

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. In adopting regulations under this Part III and §§ 9-269 and 9-270 of this subtitle, the Department of the Environment shall consider: 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. In addition to the considerations under subsection (b) of this section, in adopting regulations for the land application of sewage sludge, the Department of the Environment shall consider: Methods for calculating loading rates that: Will assure nondegradation of the groundwater supply; and For agricultural land, shall be limited by the nutrient requirements of crop or cover vegetation, as recommended by the Department of Agriculture; 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: Sewage sludge that is unsuitable for application to agricultural land; Agricultural land; Marginal land; and Compost; 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: The volume of sewage sludge generated by a sewage sludge generator; The method by which the sewage sludge is utilized; The anticipated costs of monitoring and regulating sewage sludge utilization sites; The anticipated needs of the State’s sewage sludge regulation program; and The potential hazard of the sewage sludge generator’s activities to public health, safety, or welfare or to the environment.

A person shall have a sewage sludge utilization permit before the person utilizes sewage sludge in this State. A person shall have a separate sewage sludge utilization permit for each site where the person utilizes sewage sludge.

An applicant for a sewage sludge utilization permit shall: 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. Before a sewage sludge utilization permit is issued, the applicant for the permit shall: 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.

The Department may not issue a permit to install, materially alter, or materially extend a sewage sludge composting facility or a sewage sludge storage facility until: The sewage sludge composting facility or sewage sludge storage facility meets all zoning and land use requirements of the county where the sewage sludge composting or storage facility is to be located; and In the case of a sewage sludge composting facility, the Department has a written statement that the board of county commissioners or the county council of the county where the sewage sludge composting facility is to be located does not oppose the issuance of the permit.

When the Department receives an application for a permit to utilize sewage sludge at a site, the Department immediately shall mail a copy of the permit application: 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. For a permit to apply sewage sludge on marginal land or to construct a permanent facility that is designed primarily to utilize sewage sludge, the Department shall: 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: 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 or the facility is to be constructed; The elected executive of any municipal corporation where the sewage sludge is to be applied or the facility is to be constructed; and Any other county within 1 mile of where the sewage sludge is to be applied or the facility is to be constructed. 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: Using teleconference or Internet–based conferencing technology; or In person in the affected subdivision. 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: Using teleconference or Internet–based conferencing technology; or In person in one county. For a permit to apply sewage sludge on land other than marginal land, the Department shall mail a copy of the permit application to: 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: Shall conduct a public information meeting: Using teleconference or Internet–based conferencing technology; or In person in the affected subdivision; May consolidate the public information meeting with one or more public information meetings for other applications in the same county; and Shall notify the applicant for a permit and give the applicant the opportunity to present information at the public information meeting. 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: Using teleconference or Internet–based conferencing technology; or In person in one county. To protect public health and safety, the Department is not required to hold an in–person public hearing or public information meeting specified under subsections (c) and (e) of this section if an emergency declaration is issued by an executive authority of: 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. The Department shall provide each county and municipal corporation that receives a copy of any application under this section with an opportunity to consult with the Department about the decision to issue, deny, or place restrictions on a sewage sludge utilization permit.

This section does not apply to the storage or distribution of sewage sludge at a sewage treatment plant. Before the Secretary issues, amends, or renews a permit to an applicant or permit holder under § 9–232 or § 9–238 of this subtitle to install, materially alter, or materially extend a structure used for storage or distribution of any type of sewage sludge, the Department shall hold a public hearing on the application, amendment, or renewal. The Department shall hold a public hearing in accordance with Title 1, Subtitle 6 of this article. 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 Department shall send to the local health official and the local soil conservation district: A copy of any sewage sludge utilization permit issued in the county; Notice of the denial of an application in the county for a sewage sludge utilization permit; Notice of the suspension, revocation, modification, or termination of a sewage sludge utilization permit issued in the county; A copy of any notice, complaint, or order that the Department issues in the county under Part III of this subtitle; and A copy of any report filed with the Department pursuant to a condition of the permit.

The Department shall issue a sewage sludge utilization permit to an applicant who meets the requirements of this Part III of this subtitle.

A sewage sludge utilization permit authorizes the permit holder to utilize sewage sludge according to the terms of the permit. Except as provided in subsection (c) of this section, if the utilizer is unable to utilize the sewage sludge as defined in the permit, the utilizer may return the sewage sludge to the generator provided that the utilizer obtains a new comprehensive analysis of the sewage sludge to be returned that indicates that: 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. If the utilizer returns the sewage sludge within 96 hours of the departure from the generator, the utilizer may not be required to obtain a new analysis of the sewage sludge.

A sewage sludge utilization permit expires on the date the Department sets at the time of issuance or renewal, unless the permit is renewed for another term as provided in this section. Except as provided in subsection (c) of this section, the Department may renew a sewage sludge utilization permit if the permit holder: 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. The Department may not renew or amend a permit to install, materially alter, or materially extend a structure used for storage or distribution of any type of sewage sludge unless the Department holds a public hearing on the renewal or amendment, as provided in § 9-234.1 of this subtitle.

A sewage sludge utilization permit in effect on July 1, 1984 remains in effect until the expiration date of the permit.

To keep a sewage sludge utilization permit, a person shall: Maintain a performance bond or other security in the amount that the Department considers sufficient to guarantee the fulfillment of any requirement related to the permit; and Comply with each other requirement that the Department sets.

To allow the public to identify every permit that the Department issues for a particular tract of land, the Department shall maintain a permanent public record of all sewage sludge utilization permits issued under § 9-236 of this subtitle.

The Department shall require each holder of a sewage sludge utilization permit to: Keep records, including daily records of the source and amount of sewage sludge for each truckload delivered to the site; Make reports, including reports of sewage sludge analysis, as often as necessary to assure that the sewage sludge meets permit requirements; Have a copy of the report of sewage sludge analysis that is required under item (2) of this section available on the vehicle transporting the sewage sludge while the sewage sludge is being transported in the State; Install, calibrate, use, and maintain monitoring equipment or methods, including biological monitoring methods and well monitoring, if appropriate; Take samples in accordance with the methods, at the locations, at the intervals, and in the manner that the Department requires; and Give to a representative of the Department or the local health official any information that the Department reasonably requires.

To enforce this Part III of this subtitle and to ensure compliance with each sewage sludge utilization permit, a representative of the Department, the local health official, or the local health official’s designee may enter and inspect, at any reasonable time, any site where sewage sludge is utilized. A sewage sludge utilizer may not: 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. A local health official or the local health official’s designee may inspect, monitor, and investigate any sewage sludge utilization site in the county where the official is employed. With the concurrence of the Department, a local health official may: Issue a stop work order to stop utilizing sewage sludge at a site; and Suspend a sewage sludge utilization permit. 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 is not satisfied that the enforcement measures of the Department are adequate to protect public health and safety in the county; or The Department does not make the inspection required by paragraph (2) of this subsection. A local health official shall: Give the Department prompt notice of any inspection made by the local health official; and Report promptly in writing to the Department: The time and place of the inspection; A summary and findings of the inspection; Any enforcement action that the local health official takes or recommends; and Any permit modifications or other modifications that the local health official recommends. The Department: May delegate to the local health official any inspection, monitoring, or enforcement authority of the Department under this Part III of this subtitle; and Shall adopt regulations that establish standards for delegating authority under this subsection. The regulations adopted under this subsection shall include: Procedures for submission, review, and approval or disapproval of any application for delegation of authority; Provisions requiring that any application for delegation of authority be approved by the county; Provisions for oversight by the Department, including program evaluations and financial audits; and Provisions for revocation of a delegation, if the local health official fails to comply with the terms of a delegation agreement. 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.

The Department shall credit all sewage sludge generator’s fees, permit application fees, funds that the Department collects under this Part III and §§ 9–269 and 9–270 of this subtitle, and any civil or administrative penalty or fine imposed by a court under the provisions of this subtitle to the Maryland Clean Water Fund established under § 9–320 of this title.

The Department shall deny an application for a sewage sludge utilization permit if the Department finds that: The applicant cannot utilize sewage sludge without: 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 sewage sludge generator from which the sludge originated has not paid applicable generator’s fees; or The sewage sludge has been generated in a state in which the laws or application of those laws do not result in the land application of sewage sludge in that state.

The Department may suspend, revoke, or modify a sewage sludge utilization permit in accordance with the Administrative Procedure Act if the Department finds that: The permit application contained false or inaccurate information; There has been a substantial deviation from: The plans, specifications, or other documents approved by the Department; or Any requirement established by the Department; 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 Department may refuse to renew a sewage sludge utilization permit if: 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.

Any person who owns land that adjoins land for which an application to apply sewage sludge is filed, or for which a permit to apply sewage sludge is issued, has standing: 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: Any civil court proceeding; and Any contested administrative case. Any county or municipal corporation in which there is land for which an application to apply sewage sludge is filed, or for which a permit to apply sewage sludge is issued, has standing: 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: Any civil court proceeding; and Any contested administrative case.

In addition to any other remedy authorized under this subtitle, the Department may bring an action to enjoin the violation of any law, regulation, or order concerning the utilization of sewage sludge under this Part III, § 9-269, or § 9-270 of this subtitle.

A person may not utilize sewage sludge in this State except in accordance with this Part III, § 9-269, or § 9-270 of this subtitle.

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: PFOA; PFOS; or A mixture of PFOA and PFOS. “PFOS” means perfluorooctane sulfonic acid. “PFOA” means perfluorooctanoic acid. This section applies to the land application of all sewage sludge in the State. On or after October 1, 2028: 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: For a period of not more than 2 years following the date the determination is made, the sewage sludge may be commingled to reduce the total concentration of regulated PFAS in the final material to levels below 25 parts per billion; and Sewage sludge commingled in accordance with item (i) of this paragraph may not be subject to the temporary alternative management measures specified in subsection (e) of this section. A person that commingles sewage sludge for the purpose of land application shall monitor for the presence of PFOS and PFOA at least once per month, using a representative sample, in accordance with protocols established under subsection (g) of this section. If the total concentration of regulated PFAS in the commingled product is equal to or greater than 25 parts per billion, the person: Shall immediately notify the Department; and May not apply the commingled product to land until the person demonstrates, through additional monitoring, that the total concentration of regulated PFAS in the commingled product has been reduced to levels below 25 parts per billion. 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 a rate that does not exceed 3 dry metric tons per acre; and Subject to: The same setback requirements established in regulation for Class B biosolids; Additional setbacks for land application near public and private water supply wells developed by the Department; and Paragraph (3) of this subsection. 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: The owner or operator of the land on which the sewage sludge will be applied; The owner of each parcel of land adjoining the land to which the sewage sludge will be applied; and The local government for each county and municipality in which the land to which the sewage sludge will be applied is located. 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: Complete a source tracking study in accordance with paragraph (3) of this subsection; and Develop a mitigation plan in accordance with paragraph (4) of this subsection. 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 mitigation plan developed under this subsection shall: Be developed in consultation with the Department; Identify significant sources of PFOA and PFOS loading to the wastewater treatment system; Include actions that the sewage sludge generator can implement, or require sources of PFOA and PFOS loading to implement, to reduce the total concentration of regulated PFAS to levels below 25 parts per billion; Take into consideration innovative solutions and long–term mitigation approaches, consistent with applicable laws, regulations, and other requirements; and Include a reasonable timeline, not to exceed 5 years from the date a determination is made under paragraph (2) of this subsection, for implementing the mitigation plan. The elements and strategies identified in a mitigation plan developed under this subsection may include: The exercise of pretreatment control authorities in accordance with subsection (h) of this section to reduce loading from industrial users; The installation of treatment solutions at points of entry or concentration in the sanitary sewer systems that contain significant levels of PFOS or PFOA; or The installation of system–scale treatment solutions to reduce the total concentration of regulated PFAS to levels below 25 parts per billion. If, during the monitoring period for which the total concentration of PFAS was determined to be equal to or greater than 25 parts per billion, the individual samples were within the margin of error or detection limit for the laboratory performing the sample analysis, the mitigation plan shall include additional testing requirements and timelines developed in consultation with the Department. Except as provided in subparagraph (ii) of this paragraph, a sewage sludge generator shall submit a mitigation plan required under this subsection to the Department within 6 months after completion of the source tracking study required under this subsection. A sewage sludge generator may request and the Department may grant a single extension on the development and submission of a mitigation plan under this subsection based on: Exigent circumstances; or Considerations related to the investigation and design of management approaches or treatment options. The Department shall review each mitigation plan submitted under this subsection and may approve, deny, or suggest changes to the mitigation plan. In reviewing a mitigation plan submitted under this subsection, the Department shall consider the cost of implementing mitigation options. A sewage sludge generator: Shall comply with the provisions of an approved mitigation plan; and May not apply sewage sludge to land if the Department has determined that the generator is out of compliance with the provisions of an approved mitigation plan. 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. Except as provided in paragraph (2) of this subsection, for the purpose of assessing compliance with the requirements of this section, the total concentration of regulated PFAS in sewage sludge shall be determined by taking the average of samples taken in accordance with this subsection over the immediately preceding 12 months. Each sample shall be taken: During normal operating conditions, as specified in Department regulations; and At a frequency specified by the Department in regulation, but not less than quarterly. 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. Samples shall be analyzed: Using the U.S. Environmental Protection Agency’s method 1633a or an equivalent method approved by the Department; At a certified or accredited laboratory; and Subject to a reporting level established by the Department. The Department shall assist sewage sludge generators in identifying qualified laboratories under this paragraph. 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: Issue guidance to support publicly owned treatment works in the implementation of this subsection; and Provide reasonable technical assistance as requested by local jurisdictions in the exercise of local limits authority under the federal Clean Water Act. 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. All sewage sludge generators are encouraged to identify potential sources of PFOA and PFOS loading to their wastewater treatment systems and to take steps to reduce the total concentration of regulated PFAS in the sewage sludge produced by those systems.

To prevent or correct pollution of the waters of this State, the Secretary may: Adopt and enforce regulations; and Order works to be executed. The Secretary may: Require any public water supply system, public sewerage system, or refuse disposal system to be operated in a manner that will protect public health and comfort; and Order the alteration, extension, or replacement of any public water supply system, public sewerage system, or refuse disposal system. The Secretary: Has supervision and control over the sanitary and physical condition of the waters of this State to protect public health and comfort; Shall investigate: All sources of water and ice; and All points of sewage discharge; Shall examine all public water supply systems, public sewerage systems, and refuse disposal systems; and Shall approve or disapprove the design and construction of any public water supply system, public sewerage system, or refuse disposal system that is to be built in this State. The powers and duties of the Secretary under this section are in addition to the powers and duties set forth elsewhere in this subtitle.

For purposes of the Federal Water Pollution Control Act, the Secretary is the State water pollution control agency in this State. The Secretary has all powers that are necessary to comply with and represent this State under the Federal Water Pollution Control Act. Another unit of the State government may not exercise any power given to the Secretary under this section.

Within the limits in the State budget, the Secretary may employ and set the compensation of any expert, engineer, clerical assistant, or other assistant that the Secretary considers necessary to carry out this subtitle.

The Department of the Environment and the Department of Natural Resources shall each make any test of water or wastewater that it considers necessary to determine the adequacy of performance of a water supply system, sewerage system, or industrial wastewater treatment plant.

If the Secretary serves an order on the State or any county, municipal corporation, or public water supply, sewerage, or sanitary district, the appropriate official or department of the State, county, municipal corporation, or district shall raise any funds that are necessary to comply on time with the order of the Secretary. If the Governor and the Attorney General approve, a county, municipal corporation, or public water supply, sewerage, or sanitary district may raise funds under subsection (a) of this section by issuing bonds, stock, or notes without legislative authority other than this section. The question of whether to issue bonds, stock, or notes under this section need not be put to a referendum of the voters. The proceeds of any bonds, stock, or notes issued under this section: Constitute a sanitary fund; and May be used only to carry out the order of the Secretary. The total amount of all bonds, stock, and notes being issued at any time under this section, together with all bonds, stock, and notes then outstanding from prior issues under this section or any predecessor of this section, may not exceed 5% of the total value of all property that, at the time of issue, is listed and assessed for taxation in the county, municipal corporation, or district. The indebtedness authorized by this section is in addition to the total indebtedness otherwise permitted by law. Bonds, stock, and notes issued under this section are: Forever exempt from State, county, and municipal taxation; A lien on all property in the jurisdiction that issues the bonds, stock, or notes; and Payable in the same manner as bonds issued by municipal authorities under Part II of Subtitle 7 of this title. Unless the Secretary approves the expenditure, including the amount of the expenditure, neither the State nor any county, municipal corporation, or public water supply, sewerage, or sanitary district may spend any public money for any of the purposes of this subtitle.

Except as provided in subsection (b) of this section: If the Secretary finds that the water or ice from any source is or is likely to become dangerous to health, the Secretary shall order that the source of water or ice be closed; and If the Secretary finds that any discharge of sewage or any method of disposal of sewage or refuse is or is likely to become prejudicial to health or comfort, the Secretary shall order that the point of sewage discharge be abandoned or the method of disposal be discontinued. If the Secretary finds that the conditions found under subsection (a) of this section can be remedied sufficiently and practicably by installing any work or device or by taking any other remedial measure, the Secretary may order that: The work or device be installed; or The remedial measure be taken. If the Secretary condemns a water supply system, sewerage system, or refuse disposal system, the Secretary may order the owner to make arrangements that will prevent the operation of the system. Any order issued under this section shall set a reasonable time for compliance.

If any lot or parcel of land in Garrett County is used as a site for a trailer park, motel, mobile motel, condominium, apartment house, or other facility with multiple bedrooms, and if any resulting sewage is disposed of underground on the lot or parcel, the lot or parcel shall have: An area of at least 20,000 square feet for each 6 bedrooms or fraction of 6 bedrooms in the facility; and A width of at least 100 feet for each 6 bedrooms or fraction of 6 bedrooms in the facility.

The following sanitary districts and persons shall keep any record that the Secretary requires: Any sanitary district or person who supplies water, ice, sewerage, or refuse disposal service to the public; Any person who owns an industrial establishment; and Any person who owns a private water supply system or private sewerage system. Any sanitary district or person who keeps a record under subsection (a) of this section shall make the record available to the Secretary on request. To determine compliance with any regulation, permit, or order of the Secretary, a representative of the Secretary may: Enter any private property; Enter any building, structure, or land owned by a sanitary district or person who supplies water, ice, sewerage, or refuse disposal service to the public; and Collect samples, records, and information. To determine compliance with pretreatment requirements of this title, a representative of the Secretary may: Enter any building, structure, or land of an industrial establishment that is or may be subject to pretreatment requirements; and Collect samples, records, and information. The Secretary may bring an action for an injunction to enforce this section without showing lack of an adequate remedy at law.

This section does not apply to the expiration, revocation, or modification of a sewage sludge utilization permit. The Secretary may revoke or change any permit issued under this subtitle after the Secretary gives the permit holder notice of the proposed revocation or change. If the term of a permit issued under this subtitle is stated in the permit, the permit expires at the end of the stated term.

Any county, municipality, legally constituted water, sewerage or sanitary district, institution, or person dissatisfied with any order, rule, or regulation of the Secretary under this subtitle may commence, within 10 days after the service of the order, rule, or regulation, an action in the circuit court for any county to vacate and set aside the order, rule, or regulation on the ground that the order, rule, or regulation is unlawful or unreasonable, or that the order is not necessary for the protection of the public health or comfort, in which action a copy of the complaint shall be served with the summons. The answer of the Secretary shall be filed within 10 days, whereupon the cause shall be at issue, and stand ready for trial upon 15 days’ notice to either party. Any action under this section shall have precedence over any civil cause of a different nature, except appeals from an order of the Public Service Commission. The courts shall always be deemed open for trial of an action under this section and any action under this section shall be tried and determined as other civil actions. Either party to an action under this section may appeal to the Appellate Court of Maryland.

The provisions of §§ 7-256 through 7-268 of this article shall be used and shall apply to enforce violations of § 9-227(b) of this subtitle.

Except for violations of Part III of this subtitle and violations enforced under §§ 9–229(b), 9–267, and 9–268.1 of this subtitle, the provisions of §§ 9–334 through 9–344 of this title shall be used and shall apply to enforce violations of: This subtitle; Any regulation adopted under this subtitle; or Any order or permit issued under this subtitle.

In addition to other penalties authorized under this subtitle: A person who violates § 9-228(f)(2) of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000, or imprisonment not exceeding 30 days or both; A person who violates § 9-228(f)(2) of this subtitle for monetary or financial gain is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $25,000 or imprisonment not exceeding 5 years or both; and A person who violates § 9-228(b), (h)(1), (i)(1), or (j)(1) of this subtitle, or a regulation, order, or permit adopted or issued under § 9-228(b), (h)(1), (i)(1), or (j)(1) of this subtitle, is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10,000. The Attorney General shall represent the State in every case arising under § 9–228 of this subtitle. This subsection may not limit or affect the power of State’s Attorneys under § 15–102 of the Criminal Procedure Article.

A person who violates any provision of Part III of this subtitle or any rule, regulation, order, or permit adopted or issued under Part III of this subtitle is liable to the State for civil penalties. These civil penalties are: A basic civil penalty not exceeding $10,000; and An additional penalty not exceeding $10,000 a day for each day that the violation continues, up to a maximum of $50,000. The State shall recover the civil penalties under this section in a civil action. In addition to any other remedies available at law or in equity and after an opportunity for a hearing which may be waived in writing by the person accused of a violation, the Department may impose a penalty for violation of any provision of Part III of this subtitle or any regulation, order, or permit adopted or issued under Part III of this subtitle. The penalty imposed on a person under this subsection shall be: Up to $1,000 for each violation, but not exceeding $50,000 total; and Assessed with consideration given to: The willfulness of the violation, the extent to which the existence of the violation was known to but uncorrected by the violator, and the extent to which the violator exercised reasonable care; Any actual harm to the environment or to human health, including injury to or impairment of the use of the waters of the State or the natural resources of the State; The cost of cleanup and the cost of restoration of natural resources; The nature and degree of injury to or interference with general welfare, health, and property; The extent to which the location of the violation, including location near waters of the State or areas of human population, creates the potential for harm to the environment or to human health or safety; The available technology and economic reasonableness of controlling, reducing, or eliminating the violation; and The extent to which the current violation is part of a recurrent pattern of the same or similar type of violation committed by the violator. Each day a violation occurs is a separate violation under this subsection. Any penalty imposed under this subsection is payable to the State and collectible in any manner provided by law for the collection of debts. If any person who is liable to pay a penalty imposed under this subsection fails to pay it after demand, the amount, together with interest and any costs that may accrue, shall be: A lien in favor of the State on any property, real or personal, of the person; and Recorded in the office of the clerk of court for the county in which the property is located. Any penalty collected under this subsection shall be placed in the Maryland Clean Water Fund under § 9–320 of this title. Except as provided in paragraph (3) of this subsection, in addition to any other penalties set forth in this section, if any sewage sludge utilizer violates the terms of the permit by any action or inaction of the utilizer that results in the return of the sewage sludge to the generator, the utilizer is liable to the State for civil penalties. The civil penalty imposed under this subsection may not exceed $100 for each wet ton of sewage sludge returned to the generator. The provisions of this subsection do not apply if the violation is not caused by any action or inaction of the utilizer.

If, by violating any applicable statute, regulation, or permit condition, a sewage treatment plant that has a design capacity of 1,000,000 gallons or more per day creates a nuisance or otherwise may affect adversely public health or the environment, the person who owns or operates the sewage treatment plant is liable to the State for an administrative civil penalty not exceeding $10,000 a day. The penalty imposed under this section shall be assessed with consideration given to: The extent to which the existence of the violation was known to the violator but uncorrected by the violator and the extent to which the violator exercised reasonable care; Any actual or potential harm to human health or to the environment, including injury to or impairment of the natural resources of the State; The degree of interference with general welfare, health, or property rights of the public; The extent to which the location of the violation creates the potential for harm to the environment or to human health or safety; The available technology for controlling, reducing, or eliminating the emissions that caused the violation; and The extent to which the current violation is part of a recurrent pattern of the same or similar type of violation committed by the violator. Each day a violation continues is a separate violation under this section.

There is a State Used Tire Cleanup and Recycling Fund.

The State Used Tire Cleanup and Recycling Fund shall consist of moneys made available under: Loan authorizations; Funds appropriated in the State budget; Fees collected for the sale of tires by retail dealers under § 9–228(g) of this subtitle; or Bond and security forfeitures collected under § 9–228(k) of this subtitle. The Fund is limited to a maximum of $10,000,000. If the sum of unallocated funds in the Fund and the projected fees for the next fiscal year exceeds $10,000,000, the Department shall adjust the fees for the next fiscal year on a pro rata basis so that the sum of unallocated and actual fees does not exceed $10,000,000.

For fiscal year 2010 and each fiscal year thereafter, up to 50% of the revenues received by the State Used Tire Cleanup and Recycling Fund may be used for administrative expenses of the Department. Subject to the appropriation process in the annual operating budget and subject to subsection (a) of this section, the Department shall use the remainder of the State Used Tire Cleanup and Recycling Fund solely: For removal, restoration, emergency, or remedial action, including the restoration of natural resources where feasible, site maintenance and monitoring, and fire cessation, if requested by a local government, not to exceed $100,000 for each fire cessation emergency action in that jurisdiction, in response to the disposal or storage of scrap tires in violation of this subtitle, including: All costs incurred by the State in inspecting and monitoring any site where scrap tires are processed, stored, or disposed of in violation of this subtitle and assessing the threat to the public health and the environment of the site, the costs of investigations conducted for the purpose of defining necessary remedial action, and the costs of litigation expenses incurred in obtaining reimbursement for expenditures; and All costs incurred in providing public information concerning a site where scrap tires are processed, stored, or disposed of; For activities related to scrap tire recycling programs, including research, planning, monitoring, public education, and market development, and for associated administrative costs; and With the approval of the Board of Public Works, to provide financial assistance: Through the service for projects approved by the Department to reduce, recover, and recycle scrap tires; and To the service for costs related to the implementation of scrap tire recycling systems, including the costs of: Preparation of a scrap tire recycling system under § 9–228(e) of this subtitle; Implementation of any program established by the service as a part of a scrap tire recycling system; and Assisting in funding the establishment of a private or public scrap tire collection, processing, or recycling facility. Subject to § 2–1257 of the State Government Article, the Department shall provide the standing committees of the Maryland General Assembly with primary jurisdiction over this section with a status report on the Fund on or before November 1 of each year. The report shall include an accounting of all moneys expended for each of the purposes specified in subsection (a) of this section.

Except as provided in subsection (d) of this section, all expenditures from the State Used Tire Cleanup and Recycling Fund made by the Department under § 9–275(b)(1) of this subtitle in response to the storage or disposal of used tires at a particular site shall be reimbursed to the Department for the State Used Tire Cleanup and Recycling Fund by the owner or operator of the site or any other person who caused the tires to be stored or disposed of at the site in violation of this subtitle. In addition to any other legal action authorized by this subtitle, the Attorney General may bring an action to recover costs and interest from any person who fails to make reimbursement as required under subsection (a) of this section. Except as provided in subsection (d) of this section, the Department may recover costs incurred by the Department under § 9–275(b)(1) of this subtitle whether or not the discarded tires were disposed of or stored at the site before July 1, 1989. This section does not apply to expenditures related to removal, restoration, or remedial action in response to the disposal or storage of scrap tires in violation of this subtitle if the owner of a site where scrap tires were stored, disposed, or processed only before July 1, 1989: Is not engaged in the business of storage, disposal, or processing of scrap tires, hazardous substances, or other waste; Did not cause or allow scrap tires to be stored, disposed, or processed on the site; and Obtained the site or an interest in the site by inheritance, bequest, or otherwise at the death of the transferor prior to January 1, 2000.

With the approval of the Board of Public Works, the Secretary shall adopt regulations that establish application procedures and criteria for the award of financial assistance under § 9–275(b)(3) of this subtitle. The criteria shall provide the basis for project priority rankings and shall include, as appropriate: The environmental or public health impacts caused by existing circumstances; Previous efforts expended to correct any existing problem; Financial capacity of the applicant; The problem prevention aspects of a proposed project; Cost effectiveness of a proposed project; Provisions for monitoring and review; The contribution of the proposed project toward meeting State and local solid waste plans and goals; and Measures to assure accountability for all funds awarded under § 9–275(b)(3) of this subtitle.

To the extent not inconsistent with this subtitle, a grant, or loan, or loan guarantee agreement shall contain those conditions that the Secretary requires by regulation and that the Board of Public Works requires on a specific application for financial assistance in order to achieve the goals of this subtitle and to otherwise protect the interests of the State. A State loan extended under this subtitle: Shall bear at least the same rate of interest as the most recent State general obligation bond sale preceding the date of approval by the Board of Public Works; and Shall be repaid within 30 years. A loan guarantee of the principal of or interest on any commercial loan or obligation to finance the eligible cost of a project under this subtitle may only be made if: The applicant certifies that the applicant is unable to obtain on reasonable terms sufficient credit to finance its actual needs without the guarantee; and The Board of Public Works determines that there is a reasonable assurance of repayment of the loan obligation. The eligible cost of a project for State financial assistance under § 9–275(b)(3) of this subtitle may include only the costs of plans, specifications, equipment, construction, and rehabilitation or improvement as approved by the Department. State financial assistance under § 9–275(b)(3) of this subtitle may not exceed 50 percent of the eligible costs.

In this part the following words have the meanings indicated. “Coal combustion by–products” means the residue generated by, or resulting from, the burning of coal. “Coal combustion by–products” includes fly ash, bottom ash, boiler slag, pozzolan, and other solid residuals removed by air pollution control devices from the flue gas and combustion chambers of coal–burning furnaces and boilers, including flue gas desulfurization sludge and other solid residuals recovered from flue gas by wet or dry methods. “Fund” means the State Coal Combustion By–Products Management Fund. “Generator” means a person whose operations, activities, processes, or actions create coal combustion by–products. “Generator” does not include a person who only generates coal combustion by–products by burning coal at a private residence.

There is a State Coal Combustion By–Products Management Fund. The Fund shall consist of: Fees collected by the Department under § 9–283 of this subtitle; Funds appropriated by the General Assembly for deposit to the Fund; and Any additional money made available from any sources, public or private, for the purposes for which the Fund has been established. The Fund is a special, continuing, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article. Notwithstanding any law to the contrary, unused money in the Fund may not revert to the General Fund. The Fund shall be maintained and administered by the Department in accordance with the provisions of this part and any regulations the Department adopts.

Except as provided in subsection (c) of this section, by regulation, the Department shall establish and collect a fee to be paid by a generator of coal combustion by–products, based on a per ton rate of coal combustion by–products generated by the generator annually. The Department shall base the fees on the following factors: The total annual tonnage of coal combustion by–products that the generator generates; The type and volume of coal combustion by–products generated by the generator; Whether the generator uses or disposes of the coal combustion by–products; To the extent that the coal combustion by–products are used rather than disposed of, the types of the uses; Whether the coal combustion by–products are transported for use or disposal out–of–state; The volume of coal combustion by–products that have been disposed of and remain in landfills or other storage units in the State that are subject to inspection and monitoring, not including coal combustion by–products that have been: Added to cement products; Used in coal mine reclamation; or Beneficially reused in a manner acceptable to the Department; and Other factors the Department considers appropriate. The Department may not establish or impose a fee on coal combustion by–products that are: Beneficially used, as the Department determines; or Used for coal mine reclamation in accordance with regulations the Department adopts or with regulations of the receiving state. Fees imposed on coal combustion by–products that are transported for use or disposal out–of–state may not exceed 50% of the fees established for disposal in–State. The fees collected by the Department under this section shall be deposited into the Fund and used in accordance with § 9–284 of this subtitle. The fees imposed shall be set at the rate necessary to implement the purposes set forth in § 9–284 of this subtitle. In any fiscal year, if the fee schedule established by the Department generates revenue that exceeds the amount necessary to operate a regulatory program to control the management of coal combustion by–products, the Department shall use the excess revenue to take action necessary to: Increase the beneficial reuse of coal combustion by–products; and Mitigate human health and environmental impacts due to the release of coal combustion by–products from priority sites.

The Department shall use money in the Fund solely to administer and implement programs to control the disposal, use, beneficial use, recycling, processing, handling, storage, transport, or other requirements related to the management of coal combustion by–products, including all costs incurred by the State to: Review, inspect, and evaluate monitoring data, applications, licenses, permits, utilization requests, plans, analyses, and reports; Perform and oversee assessments, investigations, and research and remedial activities; and Develop, adopt, and implement regulations, programs, or initiatives to address risks to human health and the environment related to the management of coal combustion by–products.

Beginning November 1, 2010, the Department shall report each year to the General Assembly, in accordance with § 2–1257 of the State Government Article, on: The status of the Fund; Revenues of and expenditures from the Fund; The efficiency of the regulatory program under this part; Compliance rates within the regulatory program under this part; and Based on the factors listed in items (1) through (4) of this section, the necessity to review and adjust the fee in accordance with § 9–283(g) of this subtitle.

The Department shall adopt regulations to carry out this part.

In this part, “coal combustion by–product” means the residue generated by or resulting from the burning of coal. “Coal combustion by–product” includes: Fly ash; Bottom ash; Boiler slag; Pozzolan, as defined in § 15–407 of this article; and Solid residuals removed by air pollution control devices from the flue gas and combustion chambers of coal–burning furnaces and boilers. On or before December 31, 2009, the Department shall submit to the Joint Committee on Administrative, Executive, and Legislative Review regulations regarding: Fugitive air emissions from the transportation of coal combustion by–products in the State; and The permissible beneficial uses of coal combustion by–products in the State.

The Department may not issue a permit under this title to install a new refuse disposal system that would accept coal combustion by–products for disposal or for new noncoal mine reclamation using coal combustion by–products if the refuse disposal system or noncoal mine reclamation would be located in a critical area, as defined under § 8–1802 of the Natural Resources Article.

In this section, “Coordinating Committee” means the Statewide Coal Combustion By–Products Coordinating Committee. There is a Statewide Coal Combustion By–Products Coordinating Committee. The Coordinating Committee consists of the following members: The Secretary, or the Secretary’s designee; One representative of the Commission on Environmental Justice and Sustainable Communities; One representative of the Power Plant Research Program in the Department of Natural Resources; and Three members, appointed by the Secretary, each with technical expertise in one of the following subjects: Coal combustion by–products; Public health; and Water quality. The Secretary shall designate the chair of the Coordinating Committee. The Department and the Power Plant Research Program in the Department of Natural Resources shall jointly provide staff for the Coordinating Committee. A member of the Coordinating Committee: May not receive compensation as a member of the Coordinating Committee; but Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget. The Coordinating Committee shall: Beginning in 2026, meet at least twice a year, at the times and places that the Coordinating Committee determines; and With respect to coal combustion by–product sites: Share information on monitoring results; and Discuss remedial action that is in process, that is still required, or both. On or before October 1, 2026, and each October 1 thereafter, the Coordinating Committee shall report its findings during the immediately preceding calendar year to the Senate Committee on Education, Energy, and the Environment and the House Environment and Transportation Committee, in accordance with § 2–1257 of the State Government Article.