# Environment (GEN)

## Title 9. Water, Ice, and Sanitary Facilities

### Subtitle 2. Regulation by State

#### Section 9-283

(a) 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.

(b) The Department shall base the fees on the following factors:

  (1) The total annual tonnage of coal combustion by-products that the generator generates;

  (2) The type and volume of coal combustion by-products generated by the generator;

  (3) Whether the generator uses or disposes of the coal combustion by-products;

  (4) To the extent that the coal combustion by-products are used rather than disposed of, the types of the uses;

  (5) Whether the coal combustion by-products are transported for use or disposal out-of-state;

  (6) 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:

    (i) Added to cement products;

    (ii) Used in coal mine reclamation; or

    (iii) Beneficially reused in a manner acceptable to the Department; and

  (7) Other factors the Department considers appropriate.

(c) The Department may not establish or impose a fee on coal combustion by-products that are:

  (1) Beneficially used, as the Department determines; or

  (2) Used for coal mine reclamation in accordance with regulations the Department adopts or with regulations of the receiving state.

(d) 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.

(e) The fees collected by the Department under this section shall be deposited into the Fund and used in accordance with Sec. 9-284 of this subtitle.

(f) The fees imposed shall be set at the rate necessary to implement the purposes set forth in Sec. 9-284 of this subtitle.

(g) 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:

  (1) Increase the beneficial reuse of coal combustion by-products; and

  (2) Mitigate human health and environmental impacts due to the release of coal combustion by-products from priority sites.

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Md. Code Ann., Envir. (as displayed at mgaleg.maryland.gov, October 16, 2026)