Title 9. Water, Ice, and Sanitary Facilities — Subtitle 3. Water Pollution Control
Statutes in effect as of October 1, 2026.
Md. Code Ann., Envir. § 9-301 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 3. Water Pollution Control
§ 9–301LinkCopy Citation
(a)
In this subtitle the following words have the meanings indicated.
(b)
“Board” means the Water Science Advisory Board.
(c)
“CAFO” means a concentrated animal feeding operation, as defined in Department regulations.
(d)
“Discharge permit” means a permit issued by the Department for the discharge of any pollutant or combination of pollutants into the waters of this State.
(e)
“Drinking water treatment facility” means a facility that is used to treat water in a public water system.
(f)
“Person” includes the federal government, this State, any county, municipal corporation, or other political subdivision of this State, or any of their units.
(g)
“Public water system” has the meaning stated in § 9–401 of this title.
(h)
“Reclaimed water” means sewage that:
(1)
Has been treated to a high quality suitable for various reuses; and
(2)
Has a concentration of less than:
(i)
3 fecal coliform colonies per 100 milliliters;
(ii)
10 milligrams per liter of 5–day biological oxygen demand; and
(iii)
10 milligrams per liter of total suspended solids.
(i)
“Reservoir augmentation” means the planned placement of reclaimed water into a surface water reservoir used as a source for a drinking water treatment facility.
(j)
“Reservoir augmentation permit” means a permit issued by the Department for reservoir augmentation.
(k)
“Sewage” means any human or animal excretion, domestic waste, or industrial waste.
(l)
(1)
“Sewerage system” means:
(i)
The channels used or intended to be used to collect and dispose of sewage; and
(ii)
Any structure and appurtenance used or intended to be used to collect or prepare sewage for discharge into the waters of this State.
(2)
“Sewerage system” includes any sewer of any size.
(3)
“Sewerage system” does not include the plumbing system inside any building served by the sewerage system.
Md. Code Ann., Envir. § 9-302 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 3. Water Pollution Control
§ 9–302LinkCopy Citation
(a)
The purpose of this subtitle is to establish effective programs and to provide additional and cumulative remedies to prevent, abate, and control pollution of the waters of this State.
(b)
Because the quality of the waters of this State is vital to the interests of the citizens of this State, because pollution is a menace to public health and welfare, creates public nuisances, harms wildlife, fish, and aquatic life, and impairs domestic, agricultural, industrial, recreational, and other legitimate beneficial uses of water, and because the problem of water pollution in this State is closely related to the problem of water pollution in adjoining states, it is the policy of this State:
(1)
To improve, conserve, and manage the quality of the waters of this State;
(2)
To protect, maintain, and improve the quality of water for public supplies, propagation of wildlife, fish, and aquatic life, and domestic, agricultural, industrial, recreational, and other legitimate beneficial uses;
(3)
To provide that no waste is discharged into any waters of this State without first receiving necessary treatment or other corrective action to protect the legitimate beneficial uses of the waters of this State;
(4)
Through innovative and alternative methods of waste and wastewater treatment, to provide and promote prevention, abatement, and control of new or existing water pollution; and
(5)
To promote and encourage the use of reclaimed water in order to conserve water supplies, facilitate the indirect recharge of groundwater, and develop an alternative to discharging wastewater effluent to surface waters, thus pursuing the goal of the Clean Water Act to end the discharge of pollutants and meet the nutrient reduction goals of the Chesapeake Bay Agreement.
(c)
(1)
The Department shall cooperate with local governments, agencies of other states, and the federal government in carrying out the objectives of subsection (b) of this section.
(2)
The Department may consult with the State Plumbing Board, as appropriate, on matters relating to the objectives of subsection (b)(5) of this section.
Md. Code Ann., Envir. § 9-303 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 3. Water Pollution Control
§ 9–303LinkCopy Citation
This subtitle does not take away the right of any person, as a riparian owner or otherwise, in equity, at common law, or under statutory law to suppress a nuisance or abate pollution.
Md. Code Ann., Envir. § 9-303.1 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 3. Water Pollution Control
§ 9–303.1LinkCopy Citation
(a)
The Department shall encourage the use of reclaimed water as an alternative to discharging wastewater effluent into the surface waters of the State.
(b)
Reclaimed water may be used for irrigation of:
(1)
Farmland;
(2)
Golf courses;
(3)
Athletic fields;
(4)
Turf;
(5)
Landscaping; and
(6)
Any other use that the Department considers appropriate.
(c)
The Department may establish buffer and setback requirements for the use of reclaimed water under subsection (b) of this section as follows:
(1)
From potable wells and surface water intakes, up to 100 feet;
(2)
From intermittent and perennial streams and residential structures, up to 25 feet;
(3)
From schools and playgrounds, up to 50 feet; and
(4)
From public roads and residential property lines, up to 25 feet.
Md. Code Ann., Envir. § 9-303.2 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 3. Water Pollution Control
§ 9–303.2LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“Drinking water treatment facility” means a facility that is used to treat water in a public water system.
(3)
“Environmental buffer” means a reservoir, basin, or similar area above ground, the purpose of which is to store or impound source water for a drinking water treatment facility.
(4)
“PFAS” means per– and polyfluoroalkyl substances.
(5)
“Pilot Program” means the Indirect Potable Reuse Pilot Program.
(6)
“Potable reuse permit” means a permit issued by the Department to authorize and regulate a process to use reclaimed water as a source for a drinking water treatment facility.
(7)
“Public water system” has the meaning stated in § 9–401 of this title.
(b)
There is an Indirect Potable Reuse Pilot Program in the Department.
(c)
The purpose of the Pilot Program is to authorize the regulated use of reclaimed water as a source for drinking water treatment facilities.
(d)
(1)
The Department may review, permit, and regulate a process to use reclaimed water as a source for a drinking water treatment facility through a potable reuse permit if:
(i)
The Department determines that the process will meet or surpass safe drinking water standards before water enters the distribution system;
(ii)
The reclaimed water is stored in an environmental buffer for a residence time of at least 180 days before intake into a drinking water treatment facility;
(iii)
The reclaimed water meets the following requirements:
(1)
Primary and secondary maximum contaminant levels established by the U.S. Environmental Protection Agency under 40 C.F.R. §§ 141 and 143 and by the Department under COMAR 26.04.01 before entering the environmental buffer and before entering the distribution system;
(2)
Treatment for removal of pathogens at the wastewater treatment stage and the drinking water treatment stage that meets or exceeds:
(A)
12 log for enteric virus reduction;
(B)
10 log for Giardia cyst reduction; and
(C)
10 log Cryptosporidium oocyst reduction; and
(3)
Controls for maximum concentrations of PFAS chemicals established by the Department, notwithstanding § 9–406(c) or § 9–407(b) of this title, but not to exceed any primary drinking water regulations established by the U.S. Environmental Protection Agency in a final rulemaking under the federal Safe Drinking Water Act;
(iv)
The reclaimed water undergoes testing and reporting to verify that the requirements of item (iii) of this paragraph are met;
(v)
The process includes:
(1)
Reverse osmosis; and
(2)
Ultraviolet (UV) disinfection;
(vi)
Emergency procedures are in place to protect and ensure the availability of the potable water supply if there is any failure to meet the Department’s requirements;
(vii)
The applicant gives the Department the right of entry on the permit site at any reasonable time to inspect or investigate for a violation or any potential violation of the potable reuse permit;
(viii)
The applicant demonstrates to the satisfaction of the Department that, at all times and under all operating conditions, the volume of reclaimed water entering the drinking water treatment facility contains not more than 10% by volume of reclaimed water that was delivered to the environmental buffer during any 24–hour period;
(ix)
The process includes appropriate record–keeping requirements; and
(x)
The process complies with all other applicable statutory and regulatory requirements.
(2)
Notwithstanding subsection (d)(1)(ii) of this section, an applicant may request that reclaimed water be stored in an environmental buffer for less than 180 days, but not less than 60 days, before intake into a drinking water treatment facility if:
(i)
The process reliably and consistently meets the requirements of the potable reuse permit under varying operating conditions to the satisfaction of the Department; and
(ii)
The applicant demonstrates to the satisfaction of the Department that a lower residence time sufficiently protects public health.
(e)
The Department may include in a potable reuse permit any term, condition, or requirement that the Department deems appropriate to protect public health or the environment.
(f)
The requirements of a potable reuse permit are supplemental to and do not override any other statute, regulation, permit, order, or decree.
(g)
The provisions of Title 1, Subtitle 6 of this article shall govern this issuance of potable reuse permits.
(h)
The Department shall accept applications for potable reuse permits from July 1, 2023, through June 30, 2024, inclusive.
(i)
A successful application for a potable reuse permit shall:
(1)
Demonstrate to the satisfaction of the Department:
(i)
The ability to comply with the requirements of this section;
(ii)
The availability of funds to construct and operate any necessary improvements;
(iii)
The technical and administrative capacity to perform the process covered under the permit; and
(iv)
That all necessary planning and engineering design is complete; and
(2)
Include:
(i)
A completed feasibility study; and
(ii)
Any additional information requested by the Department.
(j)
The Department may refuse to issue a potable reuse permit if:
(1)
The applicant fails to provide any information requested by the Department;
(2)
The applicant fails or refuses to allow the Department to inspect the permit site;
(3)
The Department finds that issuance of the permit would violate any State or federal law or any regulation adopted under any State or federal law;
(4)
The source of the reclaimed water fails to comply with any State or federal law, any regulation adopted under any State or federal law, or any permit; or
(5)
The applicant fails to demonstrate compliance with this section to the Department’s satisfaction.
(k)
A potable reuse permit shall be effective for 5 years from the date of issuance.
(l)
Before a potable reuse permit expires, the Department may renew the potable reuse permit:
(1)
After administrative review in accordance with regulations that the Department adopts; and
(2)
In accordance with Title 1, Subtitle 6 of this article.
(m)
The Department may revoke a potable reuse permit issued under this section if the Department finds that:
(1)
The application included false or inaccurate information;
(2)
Conditions or requirements of the potable reuse permit have been or are about to be violated;
(3)
Substantial deviation from plans, specifications, or requirements has occurred or is about to occur;
(4)
The Department is refused entry to any premises for the purpose of inspecting the process to ensure compliance with the potable reuse permit;
(5)
A change in conditions exists that requires the temporary or permanent reduction or elimination of the use of reclaimed water;
(6)
There is any noncompliance with a discharge permit or a pretreatment requirement that may affect the reclaimed water in any manner;
(7)
Any State or federal water quality standard or effluent limitation has been or is threatened to be violated;
(8)
Any State or federal requirement established under the federal Safe Drinking Water Act, Subtitle 4 of this title, or Title 12 of this article has been or is threatened to be violated; or
(9)
The reclaimed water may threaten public health, safety, comfort, or the environment.
(n)
Except as otherwise provided in this section, a public water system operating under a potable reuse permit shall be subject to requirements for public water systems that use surface water under COMAR 26.04.01.
(o)
(1)
On or before December 31, 2024, the Department shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on:
(i)
The status of the Pilot Program;
(ii)
Whether the Pilot Program should be extended or made permanent; and
(iii)
Any statutory or regulatory changes that the Department recommends to permanently authorize the regulated use of reclaimed water as a source for drinking water treatment facilities, if appropriate.
(2)
On or before December 31, 2029, the Department shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the implementation of the Pilot Program.
(p)
The Department may adopt regulations to implement this section.
Md. Code Ann., Envir. § 9-303.3 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 3. Water Pollution Control
§ 9–303.3LinkCopy Citation
(a)
On or after July 1, 2028, the Department may renew a potable reuse permit if:
(1)
The renewal occurs before the potable reuse permit expires; and
(2)
The Department issued the original potable reuse permit on or before June 30, 2028.
(b)
If the Department renews a potable reuse permit in accordance with subsection (a) of this section, the Department shall renew the permit:
(1)
After administrative review in accordance with regulations that the Department adopts; and
(2)
In accordance with Title 1, Subtitle 6 of this article.
Md. Code Ann., Envir. § 9-303.4 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 3. Water Pollution Control
§ 9–303.4LinkCopy Citation
(a)
There is a Reservoir Augmentation Program in the Department.
(b)
Except as provided in this section, a person may not perform reservoir augmentation.
(c)
Subject to the provisions of this section, the Department may issue, modify, or renew a reservoir augmentation permit if the Department finds that:
(1)
The treatment process will meet or surpass standards established by the Department before water enters the reservoir;
(2)
The treatment process will meet or surpass standards established by the Department before water enters the distribution system; and
(3)
The applicant agrees to provide the Department the right of entry on the permit site at any reasonable time to inspect or investigate for a violation or potential violation of the reservoir augmentation permit.
(d)
The Department may include in a reservoir augmentation permit any term, condition, or requirement that the Department deems appropriate to protect public health or the environment.
(e)
The provisions of Title 1, Subtitle 6 of this article shall govern the issuance of reservoir augmentation permits.
(f)
(1)
A person shall obtain, on written application to the Department, a permit from the Department to perform reservoir augmentation.
(2)
An application for a reservoir augmentation permit shall include:
(i)
Except as provided in paragraph (3) of this subsection, a feasibility study showing the purpose and the need for the reservoir augmentation project, including:
(1)
A description and technical analysis of the reservoir augmentation project and alternative options; and
(2)
The costs associated with the reservoir augmentation project and alternative options; and
(ii)
Any additional information requested by the Department.
(3)
A feasibility study is not required for a reservoir augmentation project that was previously approved by the Department under the Indirect Potable Reuse Pilot Program.
(g)
The Department may refuse to issue a reservoir augmentation permit if:
(1)
The applicant fails to provide any information requested by the Department;
(2)
The applicant fails or refuses to allow the Department to inspect the permit site;
(3)
The source of the reclaimed water fails to comply with any State or federal law, regulation, or permit;
(4)
The Department finds that the issuance of the reservoir augmentation permit would violate any State or federal law or any regulation adopted under State or federal law; or
(5)
The applicant fails or refuses to pay the application fee established under subsection (j) of this section.
(h)
The Department may not issue a reservoir augmentation permit for a term longer than 5 years.
(i)
The Department may revoke a reservoir augmentation permit if the Department finds that:
(1)
The application included false or inaccurate information;
(2)
Conditions or requirements of the reservoir augmentation permit have been or are about to be violated;
(3)
Substantial deviation from plans, specifications, or requirements has occurred or is about to occur;
(4)
The Department is refused entry to any premises for the purpose of evaluating compliance with the reservoir augmentation permit;
(5)
A change in conditions exists that requires the temporary or permanent reduction or elimination of the use of reclaimed water;
(6)
There is noncompliance with a discharge permit or pretreatment regulation adopted by the Department that may affect the reclaimed water;
(7)
Any requirement established under the federal Safe Drinking Water Act, Subtitle 4 of this title, or Title 12 of this article has been or is threatened to be violated; or
(8)
The reclaimed water may threaten public health, safety, comfort, or the environment.
(j)
(1)
The Department shall adopt regulations that establish:
(i)
The standards for reservoir augmentation; and
(ii)
The application, issuance, revocation, and modification of a reservoir augmentation permit.
(2)
The regulations adopted under this section shall set a reasonable application fee in an amount designed to cover the cost of issuing and administering a reservoir augmentation permit under the Program.
(k)
All revenues collected by the Department under this section, including application fees, permit fees, renewal fees, or any administrative penalty, civil penalty, or any fine imposed by a court for violations of this section, shall be distributed to a special fund, to be used only for the operation and oversight of the Reservoir Augmentation Program.
(l)
On or before December 31, 2035, and every 5 years thereafter, the Department shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the implementation of the Reservoir Augmentation Program.
Md. Code Ann., Envir. § 9-303.5 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 3. Water Pollution Control
§ 9–303.5LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“Aquifer” means a geologic formation, group of formations, or part of a formation that is capable of yielding a significant amount of water to a well or spring.
(3)
“Confined aquifer” means an aquifer under pressure from a relatively impervious layer of material laying above the aquifer.
(4)
“Demonstration facility” means an advanced water treatment facility approved under a managed aquifer recharge permit to treat reclaimed water for use as a source for testing groundwater augmentation.
(5)
“Groundwater augmentation” means the injection of reclaimed water into an aquifer for any purpose that is not discharge.
(6)
“Hazardous substance” has the meaning stated in § 7–201 of this article.
(7)
“Managed aquifer recharge permit” means a permit issued by the Department for groundwater augmentation.
(8)
“Pilot Program” means the Managed Aquifer Recharge Pilot Program.
(b)
Except as otherwise provided in this section, a person may not perform groundwater augmentation.
(c)
There is a Managed Aquifer Recharge Pilot Program in the Department.
(d)
(1)
The purpose of the Pilot Program is to authorize, regulate, and evaluate the use of treated reclaimed water as a source for groundwater augmentation through managed aquifer recharge permits.
(2)
The Department may not issue more than one managed aquifer recharge permit under the Pilot Program.
(e)
The Department may review, permit, and regulate groundwater augmentation through a managed aquifer recharge permit if the Department determines that:
(1)
The groundwater augmentation will address a groundwater supply or quality problem that is occurring or reasonably anticipated to occur in the next 25 years, including land subsidence or saltwater intrusion;
(2)
The proposed location of the demonstration facility is suitable for long–term implementation of groundwater augmentation;
(3)
The reclaimed water will be treated at the demonstration facility to meet or surpass the following requirements:
(i)
Primary and secondary maximum contaminant levels established by the U.S. Environmental Protection Agency or the Department;
(ii)
At least three separate treatment processes that include:
(1)
Oxidation treatment;
(2)
Treatment for removal of pathogens that, in total, meets or exceeds:
(A)
12 log for enteric virus reduction;
(B)
10 log for Giardia cyst reduction; and
(C)
10 log Cryptosporidium oocyst reduction; and
(3)
For groundwater augmentation in a confined aquifer:
(A)
Reverse osmosis; and
(B)
Treatment to ensure that total organic carbon does not exceed 0.5 milligrams per liter based on a 20–week running average of all total organic carbon results and the average of the four most recent total organic carbon test results; and
(iii)
Treatment for removal of any hazardous substance in the reclaimed water that does not have a maximum contaminant level or effluent limit established by the U.S. Environmental Protection Agency or the Department to a quantitative level that is based on public health criteria;
(4)
The reclaimed water will undergo testing and reporting to verify that the requirements of this subsection are met;
(5)
The applicant has conducted an analysis to evaluate alternatives to groundwater augmentation;
(6)
The applicant has in place a detailed testing and monitoring plan to demonstrate facility performance and groundwater compatibility during groundwater augmentation, including alternative methods of use or discharge when the injection parameters are not met;
(7)
The applicant has identified all wells that withdraw water from within 2 years of travel time for the water from the location where groundwater augmentation is proposed and has evaluated the potential impact to those wells;
(8)
The applicant has identified all industrial users that discharge to the sewerage system from which the reclaimed water is received and the pollutants in each industrial user’s discharge;
(9)
The applicant has performed a hydrogeological investigation that includes:
(i)
A description of the geologic and hydrogeological setting of the portion of the aquifer that may be affected by groundwater augmentation;
(ii)
A detailed description of the stratigraphy beneath the project;
(iii)
A map of the existing hydrogeology and the hydrogeology anticipated as a result of the groundwater augmentation based on at least four rounds of consecutive quarterly monitoring;
(iv)
A map showing quarterly groundwater elevation contours, vector flow directions, and calculated hydraulic gradients using data from at least four rounds of consecutive quarterly monitoring;
(v)
A map showing the location and boundaries of the project and the zone of potential drinking water well construction; and
(vi)
A summary of the results from at least four groundwater samples with at least one sample collected during each quarter from each potentially affected aquifer that includes total nitrogen, total organic carbon, and an analysis of any other constituent requested by the Department;
(10)
The applicant has submitted a mitigation plan to address environmental and safe drinking water risks that includes a plan to provide an alternative drinking water source to well users who may be affected by the groundwater augmentation on a temporary or permanent basis;
(11)
The applicant identifies the locations where at least two monitoring wells will be installed that are not less than 14 days and not more than 180 days of travel time downgradient from the injection well and at least 30 days of travel time upgradient from the nearest drinking water well;
(12)
The applicant submits a detailed operation and maintenance plan to the Department;
(13)
The applicant gives the Department the right of entry on the permit site at any reasonable time to inspect or investigate for a violation or any potential violation of the managed aquifer recharge permit;
(14)
The process includes appropriate record–keeping requirements; and
(15)
The process complies with all other applicable statutory and regulatory requirements.
(f)
(1)
The Department may include in a managed aquifer recharge permit any term, condition, or requirement that the Department considers appropriate to protect public health or the environment.
(2)
The requirements of a managed aquifer recharge permit are supplemental to and do not override any other law, regulation, permit, order, or decree.
(3)
The provisions of Title 1, Subtitle 6 of this article shall govern the issuance of managed aquifer recharge permits.
(4)
In addition to the notice required in Title 1, Subtitle 6 of this article, an applicant shall send written notice of the application for a managed aquifer recharge permit to each owner of a property containing a well identified in subsection (e)(7) of this section.
(5)
A managed aquifer recharge permit shall include a requirement to:
(i)
Initiate a tracer study within 3 months after the date on which injections begin in order to verify the reclaimed water’s retention time in the aquifer under hydraulic conditions that are representative of normal operations at the demonstration facility; and
(ii)
Submit the results of the tracer study to the Department as soon as practicable after the completion of the tracer study.
(g)
The Department shall accept applications for managed aquifer recharge permits from January 2, 2026, to January 3, 2028, both inclusive.
(h)
A successful application for a managed aquifer recharge permit shall:
(1)
Demonstrate to the satisfaction of the Department:
(i)
The ability to comply with the requirements of this section;
(ii)
The applicant’s available funding for the construction and operation of the demonstration facility and implementation of any contingency or emergency plan;
(iii)
The technical and administrative capacity to comply with the permit; and
(iv)
That all necessary planning and engineering design is complete; and
(2)
Include any additional information requested by the Department.
(i)
The Department may refuse to issue a managed aquifer recharge permit if:
(1)
The applicant fails to provide any information requested by the Department;
(2)
The applicant fails or refuses to allow the Department to inspect the permit site;
(3)
The Department finds that issuance of the permit would violate any State or federal law or any regulation adopted under any State or federal law;
(4)
The source of the reclaimed water fails to comply with any State or federal law, any regulation adopted under any State or federal law, or any permit;
(5)
The applicant fails to demonstrate compliance with this section to the Department’s satisfaction; or
(6)
The Department finds that the proposed groundwater augmentation may create an unreasonable risk to public health, safety, or the environment.
(j)
(1)
A managed aquifer recharge permit issued under the Pilot Program shall be effective for 5 years from the date of issuance.
(2)
The Department may renew a managed aquifer recharge permit for an additional period of 5 years following administrative review by the Department and subject to the provisions of Title 1, Subtitle 6 of this article.
(k)
The Department may revoke a managed aquifer recharge permit if the Department finds that:
(1)
The application included false or inaccurate information;
(2)
Conditions or requirements of the permit have been or are about to be violated;
(3)
Substantial deviation from plans, specifications, or requirements has occurred or is about to occur;
(4)
The Department is refused entry to any premises for the purpose of inspection to ensure compliance with the permit;
(5)
A change in conditions exists that requires the permanent reduction or elimination of the use of groundwater augmentation;
(6)
There is any noncompliance with a discharge permit, pretreatment standard, or pretreatment requirement that may affect the reclaimed water in any manner;
(7)
Any State or federal water quality standard or effluent limitation has been or is threatened to be violated;
(8)
Any State or federal requirement established under the federal Safe Drinking Water Act, this subtitle, Subtitle 4 of this title, or Title 12 of this article has been or is threatened to be violated; or
(9)
The treated reclaimed water may threaten public health, safety, comfort, or the environment.
(l)
(1)
On or before September 1 each year, each holder of a managed aquifer recharge permit shall report to the Department on:
(i)
The applied scientific results of any demonstration facility or groundwater augmentation activities undertaken under the Pilot Program; and
(ii)
Any recommendations for the Pilot Program based on the holder’s experience in the Pilot Program.
(2)
On or before December 31, 2028, and each December 31 thereafter, the Department shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on:
(i)
The status of the Pilot Program;
(ii)
Any scientific results and recommendations reported under paragraph (1) of this subsection;
(iii)
Whether the Pilot Program should be modified, extended, or made permanent; and
(iv)
Any statutory or regulatory changes that the Department recommends to permanently authorize the regulated use of treated reclaimed water as a source for groundwater augmentation, if appropriate.
(m)
The Department may adopt regulations to carry out this section.
Md. Code Ann., Envir. § 9-303.6 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 3. Water Pollution Control
§ 9–303.6LinkCopy Citation
(a)
On or before January 1, 2028, the Department shall adopt regulations and standards governing the permitting of carbon dioxide capture, removal, or sequestration projects that utilize biochar or wood vault technologies.
(b)
In developing the regulations and standards under subsection (a) of this section, the Department shall consult with the Department of Agriculture.
Md. Code Ann., Envir. § 9-305 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 3. Water Pollution Control
§ 9–305LinkCopy Citation
There is a Water Science Advisory Board.
Md. Code Ann., Envir. § 9-306 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 3. Water Pollution Control
§ 9–306LinkCopy Citation
(a)
(1)
The Board consists of 9 members appointed by the Governor.
(2)
Of the Board members:
(i)
1 shall be appointed from a list of at least 3 qualified individuals submitted to the Governor by the Chancellor of the University System of Maryland;
(ii)
1 shall be appointed from a list of at least 3 qualified individuals submitted to the Governor by the President of The Johns Hopkins University; and
(iii)
7 shall be representatives of institutions of higher learning, private industry, or agencies of government or other public bodies that normally are not associated with water pollution control activities.
(b)
Each member shall be an individual who has scientific or technical expertise.
(c)
(1)
The term of a member is 5 years.
(2)
The terms of members are staggered as required by the terms provided for members of the Board on July 1, 1982. The terms of those members end as follows:
(i)
2 in 1983;
(ii)
1 in 1984;
(iii)
2 in 1985;
(iv)
2 in 1986; and
(v)
2 in 1987.
(3)
At the end of a term, a member continues to serve until a successor is appointed and qualifies.
(4)
If a member who was appointed from a list required by subsection (a) of this section dies, resigns, or otherwise ceases to be a member, a successor shall be appointed from a list submitted to the Governor in the manner required by subsection (a) of this section.
(5)
A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
(6)
A member may be appointed to successive terms.
Md. Code Ann., Envir. § 9-307 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 3. Water Pollution Control
§ 9–307LinkCopy Citation
From among the Board members, the Governor shall appoint a chairman and a vice chairman.
Md. Code Ann., Envir. § 9-308 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 3. Water Pollution Control
§ 9–308LinkCopy Citation
(a)
The Governor shall appoint a Board secretary.
(b)
The Board secretary may, but need not, be a member of the Board.
(c)
The Board secretary:
(1)
May not receive compensation; but
(2)
Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
Md. Code Ann., Envir. § 9-309 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 3. Water Pollution Control
§ 9–309LinkCopy Citation
(a)
The Board shall meet at the times and places that the Governor or the chairman determines.
(b)
A member of the Board:
(1)
May not receive compensation; but
(2)
Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
Md. Code Ann., Envir. § 9-310 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 3. Water Pollution Control
§ 9–310LinkCopy Citation
The purpose of the Board is to provide State water pollution control programs with the advice and assistance of the scientific capabilities of institutions of higher learning, private industry, and agencies of government and other public bodies that normally are not associated with water pollution control activities.
Md. Code Ann., Envir. § 9-313 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 3. Water Pollution Control
§ 9–313LinkCopy Citation
(a)
The Department may adopt rules and regulations to carry out the provisions of this subtitle.
(b)
In adopting any rule or regulation under this subtitle, the Department shall consider:
(1)
Existing physical conditions;
(2)
The character of the area involved, including surrounding land uses;
(3)
Priority ranking of waters as to effluent limits;
(4)
Zoning;
(5)
The nature of the existing receiving body of water;
(6)
The technical feasibility of measuring or reducing the particular type of water pollution;
(7)
The economic reasonableness of measuring or reducing the particular type of water pollution; and
(8)
The purposes of this subtitle.
(c)
Except as this subtitle otherwise provides for a particular type of rule or regulation, a rule or regulation adopted under this subtitle may:
(1)
Impose, as circumstances require, different requirements for different pollutant sources and for different geographical areas;
(2)
Apply to sources located outside this State that cause, contribute to, or threaten environmental damage in this State; and
(3)
Make special provisions for alert and abatement standards and procedures for occurrences or emergencies of pollution or on other short term conditions that are an acute danger to health or to the environment.
Md. Code Ann., Envir. § 9-314 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 3. Water Pollution Control
§ 9–314LinkCopy Citation
(a)
The Department may adopt rules and regulations that set, for the waters of this State, water quality standards and effluent standards. These standards shall be designed to protect:
(1)
The public health, safety, and welfare;
(2)
Present and future use of the waters of this State for public water supply;
(3)
The propagation of aquatic life and wildlife;
(4)
Recreational use of the waters of this State; and
(5)
Agricultural, industrial, and other legitimate uses of the waters of this State.
(b)
The rules and regulations adopted under this section shall include at least the following:
(1)
Water quality standards that specify the maximum permissible short term and long term concentrations of pollutants in the water, the minimum permissible concentrations of dissolved oxygen and other desirable matter in the water, and the temperature range for the water.
(2)
Effluent standards that specify the maximum loading or concentrations and the physical, thermal, chemical, biological, and radioactive properties of wastes that may be discharged into the waters of this State.
(3)
Definition of technique for filling and sealing abandoned water wells and holes, for disposal wells, for deep mines and surface mines, and for landfills to prevent groundwater contamination, seepage, and drainage into the waters of this State.
(4)
Requirements for the sale, offer, use, or storage of pesticides and other substances that the Department finds to constitute water pollution hazards.
(5)
Procedures for water pollution incidents or emergencies that constitute an acute danger to health or the environment.
(6)
Provisions for equipment and procedures for monitoring pollutants, collecting samples, and logging and reporting of monitoring.
(c)
Effluent standards set under this section shall be at least as stringent as those specified by the National Pollutant Discharge Elimination System.
Md. Code Ann., Envir. § 9-315 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 3. Water Pollution Control
§ 9–315LinkCopy Citation
Except as provided in § 4-405 of this article, the Department may adopt procedural rules and regulations as necessary to carry out the provisions of this subtitle.
Md. Code Ann., Envir. § 9-316 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 3. Water Pollution Control
§ 9–316LinkCopy Citation
(a)
The Department may not adopt any rule or regulation under this subtitle unless the requirements of this section and the Administrative Procedure Act are met.
(b)
Before adopting any rule or regulation under this subtitle, the Department shall announce and hold a public hearing on the subject.
(c)
(1)
Before the public hearing, the Department shall publish notice of the hearing.
(2)
The notice shall state:
(i)
The date, time, and place of the hearing;
(ii)
The general subject of the rules and regulations that are to be considered at the hearing; and
(iii)
If appropriate, the specific waters for which standards are sought to be adopted, amended, or repealed.
(d)
At the public hearing, any interested person may submit information or views, orally or in writing.
Md. Code Ann., Envir. § 9-317 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 3. Water Pollution Control
§ 9–317LinkCopy Citation
The Department shall publish annually on its Web site the total amount of:
(1)
Sewage overflow, in gallons, from State sewerage systems into the Chesapeake Bay and its tributaries during the previous year; and
(2)
Fines collected as a result of sewage overflows into the Chesapeake Bay and its tributaries during the previous year.
Md. Code Ann., Envir. § 9-318 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 3. Water Pollution Control
§ 9–318LinkCopy Citation
(a)
The Department may cooperate with any appropriate agency to train personnel needed in the area of water pollution control.
(b)
To provide the training authorized by subsection (a) of this section, the Department of the Environment and the Department of Natural Resources may contract with any appropriate institution of higher learning or any appropriate unit:
(1)
To develop the needed curricula; and
(2)
To support training courses.
Md. Code Ann., Envir. § 9-319 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 3. Water Pollution Control
§ 9–319LinkCopy Citation
(a)
In addition to the powers and duties set forth elsewhere in this subtitle, the Department has the following powers and duties:
(1)
To administer and enforce this subtitle and the rules and regulations adopted under this subtitle;
(2)
To develop comprehensive programs and plans for the prevention, control, and abatement of pollution of the waters of this State;
(3)
To advise, consult, and cooperate with other units of this State, the federal government, other State and interstate agencies, affected groups, political subdivisions, and industries to carry out the provisions of this subtitle;
(4)
To accept and administer loans and grants from the federal government and other sources, public or private, to carry out any of the Department’s functions;
(5)
To encourage, participate in, finance, or conduct studies, investigations, research, or demonstrations that relate to water pollution or its causes, prevention, control, or abatement;
(6)
To collect and give out information about water pollution and its prevention, control, and abatement;
(7)
To issue, modify, or revoke orders and permits that prohibit discharges of pollutants into the waters of this State or to adopt any other reasonable remedial measures to prevent, control, or abate pollution or undesirable changes in the quality of the waters of this State;
(8)
Through the Secretary or a hearing officer who is designated in writing by the Secretary, to hold hearings, to issue hearing notices and subpoenas that require the attendance of witnesses and production of evidence, to administer oaths, and to take necessary testimony;
(9)
To apply and enforce against industrial users of publicly owned treatment works toxic effluent standards and pretreatment requirements for the introduction into treatment works of pollutants that interfere with, pass through, or otherwise are incompatible with the treatment works; and
(10)
To exercise every incidental power necessary to carry out the provisions of this subtitle.
(b)
To carry out the provisions of this subtitle, the Department of the Environment and the Department of Natural Resources may:
(1)
Conduct studies, surveys, investigations, research, and analyses; and
(2)
Employ consultants.
Md. Code Ann., Envir. § 9-320 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 3. Water Pollution Control
§ 9–320LinkCopy Citation
(a)
There is a Maryland Clean Water Fund.
(b)
Except as provided in § 9–303.4 of this subtitle, the following payments shall be made into the Maryland Clean Water Fund:
(1)
All application fees, permit fees, renewal fees, and funds collected by the Department under this subtitle, including any civil or administrative penalty or any fine imposed by a court under the provisions of this subtitle;
(2)
With the exception of penalties and fines required to be paid into the Private Dam Repair Fund, any civil or administrative penalty or any fine imposed by a court under the provisions of Title 5, Subtitle 5 of this article;
(3)
Any civil or administrative penalty or any fine imposed by a court under the provisions of Title 4, Subtitle 1 of this article;
(4)
Any fees or funds that the Department collects under Subtitle 2, Part III of this title and §§ 9–269 and 9–270 of this title and any civil or administrative penalty or fine imposed by a court under the provisions of Subtitle 2 of this title;
(5)
Any fees or funds that the Department collects under Subtitle 24 of this title and any civil or administrative penalty or fine imposed by a court under the provisions of Subtitle 24 of this title; and
(6)
Any other fees legally authorized to be paid into the Maryland Clean Water Fund.
(c)
The Department shall use the Maryland Clean Water Fund for activities that are related to:
(1)
The identification, monitoring, and regulation of the proper discharge of effluent into the waters of the State including program development of these activities as provided by the State budget;
(2)
The management, conservation, protection, and preservation of the State’s groundwater and surface water including program development of these activities as provided by the State budget;
(3)
Correcting to the extent possible the failure to implement or maintain erosion and sediment controls;
(4)
Administration of the sediment control program;
(5)
Emergency removal of sewage sludge or mitigation of the effect of any utilization of sewage sludge that the Department finds:
(i)
Endangers public health, safety, or welfare; or
(ii)
Endangers or damages natural resources;
(6)
Activities that are:
(i)
Conducted by the Department, by a local health official, or by the local health official’s designee under § 9–243(e) of this title;
(ii)
Related to identifying, monitoring, or regulating the utilization of sewage sludge, including program development; and
(iii)
Conducted by the Department under Subtitle 24 of this title; and
(7)
Providing supplemental inspections and monitoring of sewage sludge utilization sites by:
(i)
Contracting with a county on request of that county to provide supplemental inspections and monitoring; and
(ii)
Limiting the value of services provided under the contract to no more than 45% of the generator fees for sludge utilized in that county that is generated outside of that county or service area.
(d)
An expenditure that the Department makes under subsection (c)(5) of this section shall be reimbursed to the Department by the sewage sludge utilizer whose sewage sludge utilization brought about the expenditure by:
(1)
Endangering public health, safety, or welfare; or
(2)
Endangering or damaging natural resources.
(e)
In addition to any other legal action authorized by this subtitle, the Attorney General may bring an action against any person who fails to reimburse the Department under subsection (d) of this section to recover any expenditure that the Department makes under subsection (c)(5) of this section.
(f)
In determining the use of the Maryland Clean Water Fund, priority shall be given to activities relating to the water quality of the Chesapeake Bay and its tributaries.
(g)
Notwithstanding any law to the contrary, funds credited and any interest accrued to the Fund:
(1)
Shall remain available until expended; and
(2)
May not be reverted to the General Fund under any other provision of law.
(h)
On or before January 15 of each year, the Department shall report to the Senate Education, Health, and Environmental Affairs Committee and the House Environment and Transportation Committee, in accordance with § 2–1257 of the State Government Article, on the status of the Maryland Clean Water Fund, including a detailed description of all revenues and expenditures of the Fund for the previous year.
Md. Code Ann., Envir. § 9-321 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 3. Water Pollution Control
§ 9–321LinkCopy Citation
The Secretary of the Environment and the Secretary of Natural Resources jointly shall:
(1)
Develop and implement a comprehensive program to monitor the quality of the waters and living resources of the Chesapeake Bay;
(2)
Cooperate with other states in the Chesapeake Bay region and with the United States Environmental Protection Agency and other state and federal agencies, as appropriate; and
(3)
Report every 2 years to the General Assembly on the results of this monitoring program and the status of the resources of the Chesapeake Bay.
Md. Code Ann., Envir. § 9-321.1 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 3. Water Pollution Control
§ 9–321.1LinkCopy Citation
(a)
The definitions in § 5-901 of the Agriculture Article apply in this section.
(b)
The Department shall:
(1)
Develop by December 1, 1988 a water quality standard for the concentration of tributyltin in the waters of the State that is sufficient for the protection of aquatic life; and
(2)
Regulate point sources of release of tributyltin in accordance with the water quality standard developed under paragraph (1) of this subsection.
Md. Code Ann., Envir. § 9-321.2 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 3. Water Pollution Control
§ 9–321.2LinkCopy Citation
(a)
In this section, “closed swimming lake” means a body of water that:
(1)
Is no more than 1.5 acres in surface area;
(2)
Is used for swimming; and
(3)
Does not have a circulation system.
(b)
Except as provided in subsection (c)(2) of this section, a closed swimming lake located within and maintained by a municipal corporation and only accessible to residents of the municipal corporation is not subject to the regulations that apply to public bathing beaches under COMAR 26.08.09 or any county regulations related to public swimming facilities.
(c)
(1)
Subject to paragraph (2) of this subsection, a municipal corporation that maintains a closed swimming lake shall establish a policy to assess and monitor the water quality of the closed swimming lake.
(2)
The policy established under this subsection shall be consistent with requirements under:
(i)
COMAR 26.08.09.06;
(ii)
COMAR 26.08.09.07; and
(iii)
COMAR 26.08.09.08.
Md. Code Ann., Envir. § 9-322 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 3. Water Pollution Control
§ 9–322LinkCopy Citation
Except as provided in this subtitle and Title 4, Subtitle 4 of this article and the rules and regulations adopted under those subtitles, a person may not discharge any pollutant into the waters of this State.
Md. Code Ann., Envir. § 9-323 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 3. Water Pollution Control
§ 9–323LinkCopy Citation
(a)
(1)
Except as provided in paragraph (2) of this subsection, a person shall hold a discharge permit issued by the Department before the person may construct, install, modify, extend, alter, or operate any of the following if its operation could cause or increase the discharge of pollutants into the waters of this State:
(i)
An industrial, commercial, or recreational facility or disposal system;
(ii)
A State–owned treatment facility; or
(iii)
Any other outlet or establishment.
(2)
If the general discharge permit for animal feeding operations is administratively extended by the Department, the Department may authorize a person to begin construction on any part of a new animal feeding operation under an approval process established by the Department that requires the person to demonstrate compliance with:
(i)
The requirements for coverage under the administratively extended general discharge permit; and
(ii)
All other applicable laws and regulations and required construction permits.
(b)
By rule or regulation, the Department may require a discharge permit for any other activity.
Md. Code Ann., Envir. § 9-323.1 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 3. Water Pollution Control
§ 9–323.1LinkCopy Citation
(a)
Except as provided in subsection (c) of this section and for a construction site with a total proposed disturbed area of 5 acres or more, the Department may not authorize the discharge of stormwater associated with construction activity under a general discharge permit until the requirements under subsection (b) of this section are satisfied if any portion of the area of disturbance is located in:
(1)
A watershed or catchment that drains to a receiving water designated as high quality under Department regulations;
(2)
The Critical Area Buffer; or
(3)
An area identified by the Federal Emergency Management Agency as having a 1% chance of annual flooding.
(b)
(1)
Subject to paragraph (2) of this subsection, if the Department receives a written request within the public notification period of the general discharge permit, the Department shall extend the public notice period to 60 days to provide the requestor an opportunity to comment on the potential impact of inadequate construction site controls on waters of the State.
(2)
The Department shall promptly:
(i)
Acknowledge receipt of the written request;
(ii)
Notify the applicant for the general discharge permit of the written request and include details regarding potential inadequacies of proposed construction site controls;
(iii)
Request an electronic copy of the approved sediment control plan from the applicant and provide a copy to the requestor; and
(iv)
Notify the applicant if any updates to the sediment control plan are required prior to final authorization of the general discharge permit.
(c)
This section does not apply to construction activity that:
(1)
Does not result in the establishment of any permanent residential, commercial, or industrial building; and
(2)
Is solely intended to restore natural resources, reduce water pollution, or improve water quality.
Md. Code Ann., Envir. § 9-324 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 3. Water Pollution Control
§ 9–324LinkCopy Citation
(a)
Subject to the provisions of this section, the Department may issue a discharge permit if the Department finds that the discharge meets:
(1)
All applicable State and federal water quality standards and effluent limitations; and
(2)
All other requirements of this subtitle.
(b)
Before issuing a discharge permit, the Department and the applicant shall comply with the provisions of Title 1, Subtitle 6 of this article.
(c)
The informational meeting required by Title 1, Subtitle 6 of this article shall be held in accordance with Title 1, Subtitle 6 of this article.
(d)
The Department shall give public notice of each application for a discharge permit as required by Title 1, Subtitle 6 of this article, and by making available to the public appropriate documents, permit applications, supporting material, plans, and other relevant information.
Md. Code Ann., Envir. § 9-325 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 3. Water Pollution Control
§ 9–325LinkCopy Citation
(a)
(1)
The Department may adopt rules and regulations that relate to application for, issuance of, revocation of, or modification of discharge permits.
(2)
The rules and regulations may require submission of plans, specifications, and other information.
(b)
Subject to subsection (c)(2) of this section, the rules and regulations adopted under this section shall set a reasonable application fee in an amount designed to cover the cost of the permit procedure.
(c)
(1)
Subject to paragraph (2) of this subsection, the rules and regulations adopted under this section shall set a reasonable permit fee schedule for industrial users based on:
(i)
The anticipated cost of monitoring and regulating the permitted facility;
(ii)
The flow of effluent discharge from the permitted facility; and
(iii)
The anticipated needs for program development activities that relate to management of the discharge of pollutants into the waters of this State.
(2)
(i)
The Department shall charge a one–time permit application fee of at least $2,000 on receipt of a notice of intent to seek coverage under a CAFO Discharge permit for:
(1)
A proposed new CAFO that will have a house capacity of 350,000 square feet or more; or
(2)
Modification of an existing CAFO to expand the house capacity to 350,000 square feet or more.
(ii)
The Department shall charge an annual fee of at least $1,200 for the continued coverage under a CAFO Discharge permit of a CAFO with a house capacity of 350,000 square feet or more.
(3)
In adopting the rules and regulations under this subsection, the Department shall consult with industry and provide that the permit fee not exceed a certain dollar amount.
(4)
The Department may not waive the fee for a CAFO Discharge permit.
Md. Code Ann., Envir. § 9-326 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 3. Water Pollution Control
§ 9–326LinkCopy Citation
(a)
(1)
The Department may make the issuance of a discharge permit contingent on any conditions the Department considers necessary to prevent violation of this subtitle.
(2)
In permits for the discharge of pollutants from publicly owned treatment works, the Department:
(i)
May impose as conditions appropriate measures to establish and insure compliance by industrial users with any system of user charges required by State or federal law or by any rule, regulation, or guideline adopted under State or federal law; and
(ii)
Shall impose as conditions requirements for the permit holder to provide information about new introductions of pollutants or substantial changes in the volume or character of pollutants being introduced into the treatment works.
(b)
Issuance of a discharge permit is contingent on the grant by the permit holder to the Department of a right of entry on the permit site at any reasonable time to inspect and investigate for violation or potential violation of any condition of the permit.
Md. Code Ann., Envir. § 9-327 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 3. Water Pollution Control
§ 9–327LinkCopy Citation
The Department may refuse to issue a discharge permit if:
(1)
The applicant fails or refuses to allow any representative of the Department to inspect the proposed permit site;
(2)
The Department finds that issuance of the permit would violate any State or federal law or any rule or regulation adopted under any State or federal law; or
(3)
The applicant fails or refuses to pay the permit fee assessed under § 9–325(c) of this subtitle.
Md. Code Ann., Envir. § 9-328 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 3. Water Pollution Control
§ 9–328LinkCopy Citation
(a)
(1)
Unless it is renewed for another term, a discharge permit expires on the expiration date the Department sets at issuance or renewal.
(2)
The Department may not issue a discharge permit for a term longer than 5 years.
(b)
Before a discharge permit expires, the Department may renew the discharge permit for another term:
(1)
After administrative review in accordance with the rules and regulations that the Department adopts;
(2)
After notice and opportunity for public hearing on the subject;
(3)
On the condition that the discharge meets or will meet:
(i)
Any applicable State or federal water quality standards or effluent limitations; and
(ii)
Any applicable requirement of this subtitle; and
(4)
If the permit holder pays all application and permit fees assessed by the Department under this subtitle.
(c)
Administrative review proceedings under this section shall be completed at least 60 days before the expiration date of the permit.
Md. Code Ann., Envir. § 9-328.1 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 3. Water Pollution Control
§ 9–328.1LinkCopy Citation
(a)
(1)
In this section, “administratively continued permit” means a discharge permit that has been administratively continued under Department regulations in accordance with 40 C.F.R. § 122.6(d).
(2)
“Administratively continued permit” does not include a discharge permit that has been continued beyond its original expiration date due to an enforcement action taken during the permit term.
(b)
(1)
To ensure compliance with the terms of a discharge permit, the Department shall conduct inspections in accordance with this subsection.
(2)
(i)
Except as provided in subparagraph (ii) of this paragraph, and subject to paragraph (4) of this subsection, beginning July 1, 2022, at least once per month the Department shall inspect each facility or site that the Department or the U.S. Environmental Protection Agency has determined to be in significant noncompliance with an applicable State or federal water quality standard, effluent limitation, or other applicable requirement of the Department or the U.S. Environmental Protection Agency.
(ii)
If a facility or site is determined to be in significant noncompliance solely due to the failure to report any required information to the Department or the U.S. Environmental Protection Agency, the Department may:
(1)
Delay inspections under subparagraph (i) of this paragraph by 1 month while the Department reviews the compliance status of the facility or site through correspondence with the owner or operator of the facility or site or other appropriate methods; and
(2)
Begin monthly inspections in accordance with subparagraph (i) of this paragraph if, after the period specified in item 1 of this subparagraph, the owner or operator of the facility or site has not provided the information necessary for the Department to determine the compliance status of the facility or site.
(3)
(i)
Except as provided in subparagraph (ii) of this paragraph and subject to paragraph (4) of this subsection, beginning July 1, 2023, at least once every 90 days, the Department shall inspect each facility or site that has been operating under an administratively continued permit for longer than 365 days.
(ii)
The Department is not required to inspect the operations of a facility or site operating a general permit that has been administratively continued, unless the Department or the U.S. Environmental Protection Agency has determined the facility or site to be in significant noncompliance as specified under paragraph (2) of this subsection.
(4)
Inspections required under this subsection may be conducted by means other than an in–person inspection of the facility or site if the presence of the inspector would result in an unreasonable risk to health, safety, or welfare.
(c)
(1)
This subsection applies to a permit holder that is determined by the Department or the U.S. Environmental Protection Agency to be in significant noncompliance of an applicable State or federal water quality standard, effluent limitation, or other applicable requirement of the Department or the U.S. Environmental Protection Agency two or more times in a year.
(2)
The Department shall require a permit holder specified under paragraph (1) of this subsection to submit a written report to the Department detailing:
(i)
How violations reported by the permit holder or noted by the Department will be addressed; and
(ii)
The timeline for addressing the violations.
(3)
(i)
The Department shall maintain on its website a list of permit holders determined to be in significant noncompliance under paragraph (1) of this subsection.
(ii)
The list shall be sorted by county.
(iii)
The Department shall provide each Senator and Delegate a link to the list by monthly e–mail.
(d)
(1)
If a permit holder remains in significant noncompliance for the same underlying condition after 2 consecutive months of inspections conducted under subsection (b) of this section, the permit holder shall be subject to an administrative penalty of:
(i)
For a permit holder for a facility that discharges less than 500,000 gallons per day:
(1)
$250 when the condition is observed on the third consecutive inspection;
(2)
$500 when the condition is observed on the fourth consecutive inspection; and
(3)
$2,500 when the condition is observed on the fifth consecutive inspection or any subsequent consecutive inspection; and
(ii)
For a permit holder for a facility that discharges 500,000 gallons or more per day:
(1)
$1,000 when the condition is observed on the third consecutive inspection;
(2)
$5,000 when the condition is observed on the fourth consecutive inspection; and
(3)
$10,000 when the condition is observed on the fifth consecutive inspection or any subsequent consecutive inspection.
(2)
The penalties provided under this subsection are in addition to any other civil or criminal penalties provided under this subtitle.
Md. Code Ann., Envir. § 9-329 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 3. Water Pollution Control
§ 9–329LinkCopy Citation
(a)
Except as otherwise prohibited in subsection (b) of this section, the Department may issue a permit that allows the use of chlorine or chlorine compounds in treatment of wastewaters discharged from any publicly or privately owned sewage treatment plant to any surface waters of this State only if the treatment of the wastewaters includes dechlorination.
(b)
(1)
This subsection is not effective unless matching federal funds are available to implement the provisions of paragraph (4) of this subsection.
(2)
This subsection does not apply to sewerage treatment facilities that discharge an amount of treated sewage less than 1 percent of the 7-day, 10-year low flow of the receiving stream.
(3)
The Department may not issue a permit that allows the use of chlorine or chlorine compounds in the treatment of wastewaters discharged into any waters of this State that are designated by the Department as natural trout waters and their tributaries.
(4)
(i)
This subsection applies to any local subdivision that owns or operates an existing treatment system that is required to convert from use of chlorination to another system in order to be permitted under this subtitle.
(ii)
If the local subdivision applied for assistance from the Environmental Protection Agency on or before September 30, 1981, the conversion costs not funded by the Environmental Protection Agency may be covered with State funds as provided in the State budget.
(iii)
If the local subdivision failed to apply for assistance from the Environmental Protection Agency on or before September 30, 1981, conversion costs ordinarily met by the Environmental Protection Agency and this State shall be the responsibility of the local subdivision.
Md. Code Ann., Envir. § 9-329.1 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 3. Water Pollution Control
§ 9–329.1LinkCopy Citation
(a)
This section does not apply to:
(1)
A publicly or privately owned sewage treatment plant; or
(2)
The discharge of any chlorine or chlorine products that are present due to their occurrence as a natural constituent of saline water.
(b)
A person who has a discharge permit may not discharge chlorine or chlorine products into the Chesapeake Bay or its tributaries during April and May of any year at a level that is greater than the chlorine discharge level that is applicable to a publicly or privately owned sewage treatment plant under § 9-329 of this subtitle.
Md. Code Ann., Envir. § 9-329.2 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 3. Water Pollution Control
§ 9–329.2LinkCopy Citation
(a)
Except as provided in this section and notwithstanding any other provision of this article, on or after July 1, 1988 a person may not discharge any chlorine or chlorine products into the Chesapeake Bay or its tributaries in excess of a concentration that the Department of the Environment, in consultation with the Department of Natural Resources, determines to be the lowest practicably attainable concentration.
(b)
To determine the allowable concentrations of chlorine or chlorine products under this section, the Secretary of the Environment, in consultation with the Secretary of Natural Resources, shall adopt regulations that:
(1)
Use the best practicable management technologies; and
(2)
Set forth approved monitoring technologies.
(c)
(1)
A person may apply to the Department of the Environment for an exception under subsection (a) of this section.
(2)
The Department of the Environment, in consultation with the Department of Natural Resources, may grant an exception under subsection (a) of this section to an applicant if the application sets forth compliance schedules acceptable to the Department.
(d)
An owner of a vessel that is equipped with a marine sanitation device that meets the requirements of 33 C.F.R. 159 shall automatically be excepted from the provisions of subsection (a) of this section.
Md. Code Ann., Envir. § 9-330 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 3. Water Pollution Control
§ 9–330LinkCopy Citation
The Department may revoke any discharge permit if the Department finds that:
(1)
False or inaccurate information was contained in the application;
(2)
Conditions or requirements of the discharge permit have been or are about to be violated;
(3)
Substantial deviation from plans, specifications, or requirements has occurred;
(4)
The Department has been refused entry to the premises for the purpose of inspecting to insure compliance with the conditions of the discharge permit;
(5)
A change in conditions exists that requires temporary or permanent reduction or elimination of the permitted discharge;
(6)
Any State or federal water quality stream standard or effluent standard has been or is threatened to be violated; or
(7)
Any other good cause exists for revoking the discharge permit.
Md. Code Ann., Envir. § 9-331 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 3. Water Pollution Control
§ 9–331LinkCopy Citation
By rule, regulation, order, permit, or otherwise, the Department may require the owner or operator of any source of a discharge of pollutants or of any source that is an industrial user of a publicly owned treatment works:
(1)
To keep records;
(2)
To make reports;
(3)
To install, calibrate, use, and maintain monitoring equipment or methods, including, where appropriate, biological monitoring methods;
(4)
To sample discharges in accordance with the methods, at the locations, at the intervals, and in the manner the Department requires; and
(5)
To provide to the Department any information that the Department reasonably requires about:
(i)
Discharge of pollutants into the waters of this State; or
(ii)
Introduction of pollutants into publicly owned treatment works.
Md. Code Ann., Envir. § 9-331.1 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 3. Water Pollution Control
§ 9–331.1LinkCopy Citation
(a)
(1)
The owner or operator of any sanitary sewer system, combined sewer system, or wastewater treatment plant shall report to the Department any sewer overflow or treatment plant bypass that results in the direct or potential discharge of raw or diluted sewage into the surface waters or groundwaters of the State.
(2)
The report shall be made as soon as practicable but no later than 24 hours after the time that the operator or owner became aware of the event.
(3)
Within 5 calendar days after notification of the event, the owner or operator shall provide the Department with a written report regarding the incident that includes any information required by the Department.
(b)
(1)
Subject to paragraph (2) of this subsection, the Department, in cooperation with the Maryland Department of Health, the local health departments, and local environmental health directors, shall develop procedures for requiring the owner or operator of any sanitary sewer system, combined sewer system, or wastewater treatment plant to provide public notification of a sewer overflow or treatment plant bypass.
(2)
The procedures developed under paragraph (1) of this subsection shall:
(i)
Require that the notification be posted:
(1)
In Spanish and English at the location of the sewer overflow or treatment plant bypass;
(2)
On the website of the Department, the Maryland Department of Health, and the appropriate local health department; and
(3)
On any social media website on which the appropriate local health department regularly posts information; and
(ii)
Require notification within a reasonable time to:
(1)
Appropriate downstream jurisdictions;
(2)
Appropriate county governments;
(3)
State parks impacted by the sewer overflow or treatment plant bypass;
(4)
The Department of Natural Resources; and
(5)
Any other local, State, or federal land manager impacted by the sewer overflow or treatment plant bypass.
(c)
(1)
The Maryland Department of Health and the local health departments shall make all decisions and determinations as to public health issues resulting from sewer overflows or treatment bypasses.
(2)
The owner or operator of any sanitary sewer system, combined sewer system, or wastewater treatment plant is not responsible for making public health determinations regarding sewer overflow or treatment plant bypasses.
(d)
The Department shall adopt regulations to implement the requirements of this section.
Md. Code Ann., Envir. § 9-332 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 3. Water Pollution Control
§ 9–332LinkCopy Citation
(a)
A person may not introduce any pollutant, either directly or indirectly, into a publicly owned treatment works, or into any conveyance leading to a publicly owned treatment works, in violation of any applicable pretreatment requirements including federal pretreatment standards, State requirements, local ordinances, or any pretreatment agreement.
(b)
The Secretary may delegate to owners of publicly owned treatment works the authority to apply and enforce State pretreatment requirements against industrial users.
(c)
The Secretary may determine which publicly owned treatment works are or may be adversely impacted by industrial users and may require the owners of those publicly owned treatment works to develop and maintain programs which meet State pretreatment requirements.
(d)
This section shall not be construed to limit any other provision of law imposing any restriction or prohibition relating to the discharge or disposal of pollutants or controlled hazardous wastes.
Md. Code Ann., Envir. § 9-333 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 3. Water Pollution Control
§ 9–333LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“Pump-out facility” means a facility that pumps or receives human body wastes out of type III marine sanitation devices (holding tanks) on vessels.
(3)
(i)
“Waste reception facility” means a facility specifically designed to receive wastes from portable toilets carried on vessels.
(ii)
“Waste reception facility” does not include a rest room facility.
(b)
This section applies to any public or private marina that is located on the navigable waters of the State.
(c)
A person may not construct any additional slips at an existing marina that is capable of berthing vessels 22 feet or larger that would result in a total slip capacity of more than 10 slips or construct a new marina that is capable of berthing vessels 22 feet or larger with more than 10 slips on the navigable waters of the State unless:
(1)
The wastewater collection and treatment system at the marina is adequate to handle any existing and increased flow; and
(2)
There is a pump-out station on-site at the marina that is adequate to handle the increased sewage capacity from vessels that use the marina and that is operable and accessible at reasonable times.
(d)
Unless a postponement is granted under subsection (e) of this section:
(1)
By July 1, 1995, a marina that berths any vessel that is over 22 feet in length and has 200 or more slips shall have a pump-out facility and a waste reception facility on-site that is operable, adequate to handle any existing and increased flows, and accessible at reasonable times;
(2)
By July 1, 1996, a marina that berths any vessel that is over 22 feet in length and has 100 or more slips shall have a pump-out facility and a waste reception facility on-site that is operable, adequate to handle any existing and increased flows, and accessible at reasonable times; and
(3)
By July 1, 1997, a marina that berths any vessel that is over 22 feet in length and has 50 or more slips shall have a pump-out facility and a waste reception facility on-site that is operable, adequate to handle any existing and increased flows, and accessible at reasonable times.
(e)
(1)
(i)
Upon application by a marina owner or operator, the Secretary may grant a postponement of a requirement of subsection (d) of this section.
(ii)
A postponement under this subsection:
(1)
May not be for more than 3 years; and
(2)
May not be renewed more than once and may not be renewed for more than 3 years.
(2)
An application for a postponement or a renewed postponement under this subsection must be filed with the Secretary not less than 6 months before the applicable deadline.
(3)
(i)
Within 15 days following receipt of an application for a postponement under this subsection, the Secretary shall forward a copy of the application to the Department of Natural Resources.
(ii)
The Department of Natural Resources shall provide its written comments, if any, within 60 days following receipt of the original application under this subsection.
(iii)
If no comments have been received from the Department of Natural Resources within 60 days following receipt of the original application, the application shall be processed with the assumption that there are no objections by the Department of Natural Resources.
(4)
In deciding whether to grant a postponement or a renewed postponement under this subsection, the Secretary shall consider:
(i)
Whether sufficient public funds are available to assist the marina owner or operator in meeting the requirements of subsection (d) of this section; and
(ii)
If sufficient public funds are not available, whether compliance with the requirements of subsection (d) of this section would represent an economic hardship to the marina owner or operator.
(5)
(i)
The Secretary shall issue a decision on an application for postponement or renewed postponement under this subsection within 90 days following the original receipt of the application.
(ii)
If no action has been taken by the Secretary within 90 days following the original receipt of the application, the postponement or renewed postponement shall be considered granted for a period of 3 years.
Md. Code Ann., Envir. § 9-334 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 3. Water Pollution Control
§ 9–334LinkCopy Citation
(a)
The Department shall issue a written complaint if the Department has reasonable grounds to believe that the person to whom the complaint is directed has violated:
(1)
This subtitle;
(2)
Any rule or regulation adopted under this subtitle; or
(3)
Any order or permit issued under this subtitle.
(b)
A complaint issued under this section shall:
(1)
Specify the provision that allegedly has been violated; and
(2)
State the alleged facts that constitute the violation.
Md. Code Ann., Envir. § 9-335 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 3. Water Pollution Control
§ 9–335LinkCopy Citation
(a)
After or concurrently with service of a complaint under this subtitle, the Department may:
(1)
Issue an order that requires the person to whom the order is directed to take corrective action within a time set in the order;
(2)
Send a written notice that requires the person to whom the notice is directed to file a written report about the alleged violation; or
(3)
Send a written notice that requires the person to whom the notice is directed:
(i)
To appear at a hearing before the Department at a time and place the Department sets to answer the charges in the complaint; or
(ii)
To file a written report and also appear at a hearing before the Department at a time and place the Department sets to answer the charges in the complaint.
(b)
Any order issued under this section is effective immediately, according to its terms, when it is served.
Md. Code Ann., Envir. § 9-336 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 3. Water Pollution Control
§ 9–336LinkCopy Citation
(a)
Any complaint, order, notice, or other instrument issued by the Department under this subtitle may be served on the person to whom it is directed:
(1)
In accordance with § 1–204 of this article; or
(2)
By publication.
(b)
If service is made by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, the person who mails the document shall file with the Department verified proof of mailing.
(c)
Any notice that requires filing of a report, attendance at a hearing, or both shall be served at least 10 days before the earlier of:
(1)
The time set for the hearing, if any; or
(2)
The time set for the filing of the report, if any.
Md. Code Ann., Envir. § 9-337 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 3. Water Pollution Control
§ 9–337LinkCopy Citation
(a)
The Department shall give notice and hold any hearing under this subtitle in accordance with the Administrative Procedure Act.
(b)
(1)
Within 10 days after being served with an order under § 9-335(a)(1) of this subtitle, the person served may request in writing a hearing before the Department.
(2)
If a request for a hearing is made under this subsection, the Department shall:
(i)
Hold the hearing within 10 days after receiving the request; and
(ii)
Render a decision within 10 days after the hearing.
(c)
Within 10 days after being served with a notice under § 9-335(a)(2) of this subtitle, the person served may request in writing a hearing before the Department.
(d)
The Department may make a verbatim record of the proceedings of any hearing held under this subtitle.
(e)
(1)
In connection with any hearing under this subtitle, the Department may:
(i)
Subpoena any person or evidence; and
(ii)
Order a witness to give evidence.
(2)
A subpoenaed witness shall receive the same fees and mileage reimbursement as if the hearing were part of a civil action.
(3)
If a person fails to comply with a subpoena or order issued under this subsection, on petition of the Department, a circuit court, by order, may:
(i)
Compel obedience to the Department’s order or subpoena; or
(ii)
Compel testimony or the production of evidence.
(4)
The court may punish as a contempt any failure to obey its order issued under this section.
Md. Code Ann., Envir. § 9-338 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 3. Water Pollution Control
§ 9–338LinkCopy Citation
(a)
(1)
Unless the person served with an order under § 9-335(a)(1) of this subtitle makes a timely request for a hearing, the order is a final order.
(2)
If the person served with an order under § 9-335(a)(1) of this subtitle makes a timely request for a hearing, the order becomes a final corrective order when the Department renders its decision following the hearing.
(b)
(1)
If the Department issues a notice under § 9-335(a)(2) or (3) of this subtitle, the Department may not issue an order that requires corrective action by the person to whom the notice is directed until after the later of:
(i)
The time set for the hearing, if any; and
(ii)
The time set for filing of the report, if any.
(2)
After the time within which the Department may not issue a corrective order has passed, if the Department finds that a violation of this subtitle has occurred, the Department shall issue an order that requires correction of the violation within a time set in the order.
(3)
Any order issued under this subsection is a final corrective order and the person to whom the order is directed is not entitled to a hearing before the Department as a result of the order.
(c)
The Department shall:
(1)
Take action to secure compliance with any final corrective order; and
(2)
If the terms of the final corrective order are violated or if a violation is not corrected within the time set in the order, sue to require correction of the violation.
(d)
This section does not prevent the Department or the Attorney General from taking action against a violator before the expiration of the time limitations or schedules in the order.
Md. Code Ann., Envir. § 9-339 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 3. Water Pollution Control
§ 9–339LinkCopy Citation
(a)
The Department may bring an action for an injunction against any person who violates any provision of this subtitle or any rule, regulation, order, or permit adopted or issued by the Department under this subtitle.
(b)
In any action for an injunction under this section, any finding of the Department after a hearing is prima facie evidence of each fact the Department determines.
(c)
On a showing that any person is violating or is about to violate this subtitle or any rule, regulation, order, or permit adopted or issued by the Department, the court shall grant an injunction without requiring a showing of a lack of an adequate remedy at law.
(d)
If an emergency arises from imminent danger to the public health, to the public welfare, or to the environment, the Department may sue for an immediate injunction to stop any pollution or other activity that is causing the danger.
Md. Code Ann., Envir. § 9-340 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 3. Water Pollution Control
§ 9–340LinkCopy Citation
(a)
Any person aggrieved by a final decision of the Department in connection with an order or permit issued under this subtitle may take a direct judicial appeal.
(b)
The appeal shall be made as provided for judicial review of final decisions in the Administrative Procedure Act.
Md. Code Ann., Envir. § 9-341 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 3. Water Pollution Control
§ 9–341LinkCopy Citation
(a)
If any condition of a permit for discharges from a publicly owned treatment works is violated, the Department, by corrective order or by request for injunctive action under this subtitle, may restrict or prohibit the introduction of any pollutant into the treatment works by any source that did not use the treatment works before the time of the finding that the condition was violated.
(b)
If the Department finds that an industrial user is not in compliance with a system of user charges required under State law or federal law, or with a condition of a permit issued by the Department to the publicly owned treatment works into which the industrial user is introducing pollutants, the Department may enforce or apply the system of user charges directly against the industrial user by corrective order or by requesting injunctive action under this subtitle.
Md. Code Ann., Envir. § 9-342 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 3. Water Pollution Control
§ 9–342LinkCopy Citation
(a)
In addition to being subject to an injunctive action under this subtitle, a person who violates any provision of this subtitle or of any rule, regulation, order, or permit adopted or issued under this subtitle is liable to a civil penalty not exceeding $10,000, to be collected in a civil action brought by the Department. Each day a violation occurs is a separate violation under this subsection.
(b)
(1)
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 this subtitle or any rule, regulation, order, or permit adopted or issued under this subtitle.
(2)
The penalty imposed on a person under this subsection shall be:
(i)
Up to $10,000 for each violation, but not exceeding $100,000 total; and
(ii)
Assessed with consideration given to:
(1)
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;
(2)
Any actual harm to the environment or to human health, including injury to or impairment of the use of the waters of this State or the natural resources of this State;
(3)
The cost of cleanup and the cost of restoration of natural resources;
(4)
The nature and degree of injury to or interference with general welfare, health, and property;
(5)
The extent to which the location of the violation, including location near waters of this State or areas of human population, creates the potential for harm to the environment or to human health or safety;
(6)
The available technology and economic reasonableness of controlling, reducing, or eliminating the violation;
(7)
The degree of hazard posed by the particular pollutant or pollutants involved; and
(8)
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.
(3)
Each day a violation occurs is a separate violation under this subsection.
(4)
Any penalty imposed under this subsection is payable to this State and collectible in any manner provided at law for the collection of debts.
(5)
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:
(i)
A lien in favor of this State on any property, real or personal, of the person; and
(ii)
Recorded in the office of the clerk of court for the county in which the property is located.
(6)
Any penalty collected under this subsection shall be placed in a special fund to be used for monitoring and surveillance by the Department to assure and maintain an adequate record of any violations, including discharge of waste material and other pollutants into the waters of this State or into the environment.
Md. Code Ann., Envir. § 9-342.1 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 3. Water Pollution Control
§ 9–342.1LinkCopy Citation
(a)
(1)
In this section, “sewage treatment plant” means any publicly or privately owned facility that is:
(i)
Constructed to receive primarily and treat human sewage; and
(ii)
Subject to a State discharge permit.
(2)
For purposes of this section, “sewage treatment plant” means only those plants that have a discharge permit that was issued on the basis of a discharge of 500,000 gallons or more per day.
(b)
(1)
In this subsection, “significant violation” means a monthly average discharge as expressed in milligrams per liter that is equal to or greater than:
(i)
(1)
4 times the effluent limitation allowed by the discharge permit for biochemical oxygen demand; or
(ii)
(1)
2 times the effluent limitation allowed by the discharge permit for:
(1)
Suspended solids; or
(2)
Total Kjeldahl nitrogen (TKN).
(2)
(i)
If a sewage treatment plant is in significant violation of any effluent limitation under this subsection, the owner shall pay an administrative penalty of $10 for each pound that is discharged in excess of its discharge permit under this subsection.
(ii)
A penalty for each significant violation of each of the effluent limitations of this subsection may not exceed $5,000 per month.
(c)
(1)
In this subsection, “significant violation” means a monthly average discharge as expressed in milligrams per liter that is equal to or greater than 1.2 times the effluent limitation allowed by the discharge permit for any 2 months in a consecutive 6-month period for:
(i)
Phosphorus; or
(ii)
Nitrogen.
(2)
(i)
If a sewage treatment plant is in significant violation of any effluent limitation under this subsection, the owner shall pay an administrative penalty of $10 for each pound that is discharged in excess of its discharge permit under this subsection.
(ii)
A penalty for each significant violation of each of the effluent limitations of this subsection may not exceed $5,000 per month.
(d)
(1)
In this subsection, “significant violation” means more than 10% of the instantaneous measurements for dissolved oxygen in the effluent, measured over a period of 1 month, that violate the minimum dissolved oxygen permit limit.
(2)
If a sewage treatment plant is in significant violation of the effluent limitation under this subsection, the owner shall pay an administrative penalty of $5,000 for each significant violation under this subsection.
(e)
(1)
In this subsection, “significant violation” means more than 10% of the instantaneous measurements of effluent pH or chlorine, over a period of 1 month, that violate the range for pH or the maximum limit for chlorine in the discharge permit.
(2)
The owner of a sewage treatment plant shall pay an administrative penalty of $5,000 for each effluent limitation in a month for which a significant violation occurs under this subsection.
(f)
(1)
Penalties required by this section shall be:
(i)
Calculated on the basis of:
(1)
The monthly discharge monitoring report filed by each sewage treatment plant; and
(2)
Any other discharge monitoring information that may be compiled by the Department; and
(ii)
Assessed on a monthly basis.
(2)
(i)
Unless a hearing is requested, all penalties for any significant violation under this section shall be paid to the Department within 90 days of the end of the calendar month in which the significant violation occurred.
(ii)
If a hearing is requested, all penalties for any significant violation under this section shall be paid to the Department within 30 days after the decision of the hearing officer.
(g)
(1)
Penalties for the sum of all significant violations under subsections (b), (c), (d), and (e) of this section may not exceed $25,000 per month for any sewage treatment plant.
(2)
The penalties required to be imposed under this section are in addition to any other penalties provided by law.
(h)
Any person required to pay a penalty under this section shall have the right to a hearing but may waive that right in writing.
(i)
(1)
Except as provided in paragraph (2) of this subsection, a penalty imposed under this section may not be:
(i)
Waived;
(ii)
Reduced; or
(iii)
Used to assist the penalized person in upgrading a sewage treatment plant.
(2)
A penalty imposed under this section may be waived by the Department:
(i)
If the discharge was due to:
(1)
An act of God; or
(2)
A power outage or a massive discharge of any pollutant that could not reasonably have been anticipated by the owner or operator of the plant; or
(ii)
As long as the sewage treatment plant:
(1)
(A)
Is in compliance with a compliance schedule contained in an order issued by the Department; and
(B)
Meets all interim effluent limitations established by the Department; or
(2)
(A)
Has recently upgraded to meet more stringent standards and is operating under a start-up program and schedule approved by the Department;
(B)
Is implementing operational modifications to accomplish biological nutrient removal under a program and schedule approved by the Department; or
(C)
Is accomplishing major maintenance or facility repair under a program and schedule approved by the Department; or
(iii)
If compliance with the effluent limitations set forth in this section is prevented by a judicial or administrative action initiated by a person other than an agency responsible for regulating the sewage treatment plant or the owner or operator of the sewage treatment plant.
(3)
For purposes of the waiver allowed in paragraph (2)(ii) of this subsection, the Department may not issue any waiver if the compliance schedule in effect as of October 1, 1992 or any subsequent compliance schedule is modified by the Department, except that a waiver may be allowed if:
(i)
The violator applies in writing for a waiver and clearly demonstrates that extraordinary circumstances prevent compliance; and
(ii)
The Department determines that the violator has acted in good faith to meet all effluent limitations and has failed to comply because of extraordinary circumstances that have been documented by clear and convincing evidence.
(j)
The Department shall deposit the penalties collected under this section in the Maryland Clean Water Fund created under § 9-320 of this subtitle.
(k)
The Department shall collect the penalties required to be imposed under this section beginning January 1, 1993 and on the first day of each subsequent month.
Md. Code Ann., Envir. § 9-342.2 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 3. Water Pollution Control
§ 9–342.2LinkCopy Citation
(a)
A person who discharges a pollutant into the waters of the State in violation of § 9–322 or § 9–323 of this subtitle shall reimburse the Department for the reasonable costs incurred by the Department in conducting environmental health monitoring or testing, including the cost of collecting and analyzing soil samples, surface water samples, or groundwater samples for the purpose of assessing the effect on public health and the environment of the person’s discharge.
(b)
The Department may recover costs that are reimbursable under subsection (a) of this section in a civil action.
Md. Code Ann., Envir. § 9-343 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 3. Water Pollution Control
§ 9–343LinkCopy Citation
(a)
(1)
A person who violates any provision of or fails to perform any duty imposed by this subtitle, or who violates any provision of or fails to perform any duty imposed by a rule, regulation, order, or permit adopted or issued under this subtitle, is guilty of a misdemeanor and on conviction is subject to:
(i)
For a first offense, a fine not exceeding $25,000 or imprisonment not exceeding 1 year or both; or
(ii)
If the conviction is for a violation committed after a first conviction of the person under this subsection, a fine not exceeding $50,000 for each day of violation or imprisonment not exceeding 2 years or both.
(2)
In addition to any criminal penalties imposed on a person convicted under this subsection, the person may be enjoined from continuing the violation.
(3)
Each day on which a violation occurs is a separate violation under this subsection.
(b)
A person is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50,000 or imprisonment not exceeding 2 years or both if the person:
(1)
Knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this subtitle or any rule, regulation, order, or permit adopted or issued under this subtitle; or
(2)
Falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this subtitle or any rule, regulation, order, or permit adopted or issued under this subtitle.
Md. Code Ann., Envir. § 9-344 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 3. Water Pollution Control
§ 9–344LinkCopy Citation
(a)
The Attorney General shall take charge of, prosecute, and defend on behalf of this State every case arising under the provisions of this subtitle, including the recovery of penalties.
(b)
The provisions of this section may not limit or affect the power or authority of State’s Attorneys under § 15–102 of the Criminal Procedure Article.
Md. Code Ann., Envir. § 9-345 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 3. Water Pollution Control
§ 9–345LinkCopy Citation
(a)
There is a Water Pollution Control Fund consisting of money made available under water quality loan authorizations or by funds appropriated in the State budget.
(b)
The Board of Public Works, upon the recommendation of the Secretary, may award financial assistance for the following types of projects:
(1)
Construction of sewerage systems under §§ 9–347 and 9–348 of this subtitle;
(2)
Industrial user pretreatment projects under § 9–349 of this subtitle;
(3)
Best management practices to control or prevent agriculturally related nonpoint source pollution under § 9–350 of this subtitle and Title 8, Subtitle 7 of the Agriculture Article; and
(4)
Practices to reduce pollution from stormwater runoff in existing urbanized areas under § 9–350 of this subtitle.
(c)
(1)
The Secretary, with the approval of the Board of Public Works, shall adopt rules and regulations that establish application procedures and criteria for the award of financial assistance under this subtitle. The criteria shall provide the basis for project priority rankings and shall include, as appropriate:
(i)
The water quality or public health impacts caused by existing circumstances;
(ii)
Previous efforts expended to correct any existing problem;
(iii)
Financial capacity of the applicant;
(iv)
The problem prevention aspects of a proposed project;
(v)
Cost effectiveness of a proposed project;
(vi)
Planning requirements;
(vii)
Provisions for monitoring and review; and
(viii)
Measures to assure accountability for all funds awarded under this subtitle.
(2)
Project priority systems shall be established. Prior to adopting rules and regulations and establishing project priority rankings under this section, the Secretary shall consult with the Secretaries of Natural Resources, Agriculture, and Commerce and the Secretary of the Department of Planning.
(d)
For financial assistance over $500,000 awarded under the Fund, the applicant shall demonstrate, to the satisfaction of the Department, that steps were taken to include small business enterprises, minority business enterprises, and women’s business enterprises by:
(1)
Placing qualified small business enterprises, minority business enterprises, and women’s business enterprises on solicitation lists;
(2)
Assuring that small business enterprises, minority business enterprises, and women’s business enterprises are solicited whenever they are potential sources;
(3)
Dividing total requirements, when economically feasible, into small tasks or quantities to permit maximum participation of small business enterprises, minority business enterprises, and women’s business enterprises;
(4)
Establishing delivery schedules, where the requirement permits, that encourage participation by small business enterprises, minority business enterprises, and women’s business enterprises; and
(5)
Using the services and assistance of the Maryland Department of Transportation and the Governor’s Office of Small, Minority, and Women Business Affairs in identifying and soliciting small business enterprises, minority business enterprises, and women’s business enterprises.
(e)
If the steps required under subsection (d) of this section are not demonstrated to the satisfaction of the Department, the Department may withhold financial assistance for the project.
Md. Code Ann., Envir. § 9-346 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 3. Water Pollution Control
§ 9–346LinkCopy Citation
(a)
To the extent not inconsistent with this subtitle, a grant, 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.
(b)
(1)
A State loan extended under this subtitle:
(i)
May not exceed $500,000 in principal amount;
(ii)
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
(iii)
Shall be repaid within 30 years.
(2)
The aggregate principal amount of all loans to a single applicant in any calendar year may not exceed $500,000 unless the Board of Public Works determines that extraordinary circumstances exist.
(c)
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 it is unable to obtain on reasonable terms sufficient credit to finance its actual needs without the guarantee and if the Board of Public Works determines that there is a reasonable assurance of repayment of the loan obligation. A loan guarantee may not exceed $500,000 to a single applicant unless the Board of Public Works determines that extraordinary circumstances exist.
(d)
The eligible cost of a project for State financial assistance under this subtitle may include the costs of reports, plans, specifications, legal and administrative services, equipment, construction, rehabilitation or improvement, and may include land, easements, and rights-of-way. However, the eligible cost of a project to control nonpoint sources of agriculturally related water pollution may not include land or interests in land.
Md. Code Ann., Envir. § 9-347 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 3. Water Pollution Control
§ 9–347LinkCopy Citation
(a)
Grants or loans may be awarded under this section to any State or local governmental entity responsible by law for the provision of sewerage systems in order to finance construction of those systems so as to satisfy State water quality standards and policies.
(b)
(1)
Except as provided in paragraph (2) and subsection (d), combined State and federal assistance shall not exceed 87 1/2 percent of federally eligible costs.
(2)
Combined State and federal assistance under this section shall not exceed 77 1/2 percent if the Department has determined that:
(i)
A project is eligible for federal construction grant funding before October 1, 1984; and
(ii)
The information required by the federal government or the Department has not been provided by the applicant in a timely fashion to allow approval by that date.
(c)
State grants or loans authorized under this section may only be used to finance projects for which construction grant funding under the federal Clean Water Act has been awarded.
(d)
For projects which contain innovative or alternative technology as defined by the federal Clean Water Act, State and federal assistance may not exceed 96 1/4 percent of eligible costs for that technology.
Md. Code Ann., Envir. § 9-348 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 3. Water Pollution Control
§ 9–348LinkCopy Citation
(a)
Grants or loans may be awarded under this section to any State or local governmental entity responsible by law for the provision of sewerage systems to finance the construction of sewerage systems needed to improve water quality whether or not the project is eligible for construction grant assistance under the federal Clean Water Act.
(b)
Projects which may receive financial assistance under this section include those providing for:
(1)
Chlorine removal;
(2)
Nitrogen removal;
(3)
Phosphorus removal when in conjunction with a nitrogen removal cost–share grant; or
(4)
Wastewater collection or treatment otherwise undertaken to correct existing special water quality needs or an extraordinary public health problem.
(c)
Grants or loans awarded under this section may be awarded for up to 100 percent of eligible costs.
Md. Code Ann., Envir. § 9-349 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 3. Water Pollution Control
§ 9–349LinkCopy Citation
(a)
(1)
Loans or loan guarantees may be awarded to industrial users for projects that provide for pretreatment of pollutants that are discharged directly or indirectly into publicly owned treatment works or into any conveyance leading to a publicly owned treatment plant.
(2)
The Secretary and the Secretary of Commerce shall jointly administer the program established under this section with the Secretary of Commerce being primarily responsible for the assessment of the financial capability of an applicant and appropriateness of the terms and conditions of any loan assistance.
(b)
Loan assistance may be awarded to a person under this section if:
(1)
An agreement is executed by the person that:
(i)
Specifies the purpose, amount, manner of repayment, and any other condition required by the Board of Public Works;
(ii)
Obligates the person to construct, install, and operate the pretreatment project in a manner that ensures compliance with all pretreatment requirements and technical specifications, to maintain the project for its expected life span, and to bind any successor in title; and
(iii)
Shall be signed by the Secretary and the Secretary of Commerce or their designees;
(2)
The applicant certifies that it is otherwise unable to obtain on reasonable terms sufficient credit to finance the pretreatment project and the Secretary of Commerce determines that there is a reasonable assurance of repayment of the loan;
(3)
The Secretary of the Environment determines that the project meets all applicable technical standards and that all cost estimates are reasonable and represent eligible costs; and
(4)
When an applicant leases the property where the pretreatment project will be constructed, the landowner consents to the terms and conditions of the agreement.
(c)
For any loan assistance exceeding $2,500, the Secretary of Commerce shall require the granting to the State of an appropriate security interest in any equipment, structures, or similar items purchased with State money.
(d)
In accordance with § 9–345 of this subtitle, the Secretary and the Secretary of Commerce jointly shall adopt rules and regulations to implement this section.
Md. Code Ann., Envir. § 9-350 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 3. Water Pollution Control
§ 9–350LinkCopy Citation
(a)
(1)
Grants may be awarded to counties and municipalities for projects to reduce pollution from stormwater runoff in existing urbanized areas.
(2)
Grants may be used for construction on privately owned property if:
(i)
Necessary for the purpose of the project; and
(ii)
An agreement has been made with the property owner.
(3)
A grant awarded under this subsection:
(i)
Shall not exceed 75 percent of all eligible costs; and
(ii)
Shall not exceed $500,000.
(b)
(1)
In addition to cost sharing funds provided under Title 8, Subtitle 7 of the Agriculture Article, grants may be awarded for projects to implement best management practices to prevent or control agriculturally related nonpoint sources of water pollution on State land or to governmental entities in other areas in which the potential for water pollution from agriculture is substantial. When cost sharing funds are provided under Title 8, Subtitle 7 of the Agriculture Article, the procedures and requirements of that law rather than § 9–345 of this subtitle apply.
(2)
Grants awarded under this subsection to governmental entities or for use on State land may be awarded for up to 100 percent of the total cost of a project. However, in awarding such grants, the applicant’s financial capability to cost share and any resultant economic benefit shall be considered in determining the extent of any required matching dollar amount.
(3)
All grants awarded under this subsection shall be made after prior consultation with the Secretary of Agriculture.
Md. Code Ann., Envir. § 9-353 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 3. Water Pollution Control
§ 9–353LinkCopy Citation
(a)
In this part the following words have the meanings indicated.
(b)
(1)
“Industrial user” means:
(i)
A person who is engaged in manufacturing, fabricating, or assembling goods; or
(ii)
A member of any class of significant producers of pollutants identified under regulations adopted by:
(1)
The Secretary; or
(2)
The Administrator of the U.S. Environmental Protection Agency.
(2)
“Industrial user” does not include the federal, State, and local governments.
(c)
“PFAS chemicals” means a class of fluorinated organic chemicals that contain at least one fully fluorinated carbon atom, including perfluoroalkyl and polyfluoroalkyl substances.
(d)
“Pretreatment permit” means a document issued by the Department or the Department’s designee that authorizes a significant industrial user to introduce industrial wastes into a publicly owned treatment works in compliance with the pretreatment requirements under COMAR 26.08.01.01B(69).
(e)
(1)
“Significant industrial user” means an industrial user that:
(i)
Is subject to categorical pretreatment standards under 40 C.F.R. Part 403.6;
(ii)
Discharges an average of 25,000 gallons per day or more of processed wastewater to a publicly owned treatment works, not including sanitary, noncontact cooling, and boiler blowdown wastewater;
(iii)
Contributes processed wastewater that makes up 5% or more of the average dry–weather hydraulic or organic capacity of the publicly owned treatment works; or
(iv)
Is designated as a significant industrial user by the publicly owned treatment works on the basis that the industrial user has:
(1)
A reasonable potential for adversely affecting the wastewater treatment plant’s operations and sewer system; or
(2)
Violated a pretreatment standard or requirement.
(2)
“Significant industrial user” does not include the federal, State, and local governments.
(f)
“Waters of the State” includes:
(1)
Both surface and underground waters within the boundaries of the State subject to its jurisdiction;
(2)
That portion of the Atlantic Ocean within the boundaries of the State;
(3)
The Chesapeake Bay and its tributaries;
(4)
All ponds, lakes, rivers, streams, public ditches, tax ditches, and public drainage systems within the State, other than those designed and used to collect, convey, or dispose of sanitary sewage; and
(5)
The floodplain of free–flowing waters determined by the Department on the basis of the 100–year flood frequency.
Md. Code Ann., Envir. § 9-354 (2026)
Title 9. Water, Ice, and Sanitary Facilities
Subtitle 3. Water Pollution Control
§ 9–354LinkCopy Citation
(a)
This section applies to a significant industrial user that:
(1)
Has a pretreatment permit; and
(2)
Is currently and intentionally using PFAS chemicals.
(b)
On or before October 1, 2024, the Department shall, in collaboration with publicly owned treatment works and significant industrial users in the State, identify the significant industrial users that currently and intentionally use PFAS chemicals.
(c)
On or before January 1, 2025, in accordance with guidance from the U.S. Environmental Protection Agency, the Department shall develop PFAS monitoring and testing protocols for significant industrial users identified in accordance with subsection (b) of this section.
(d)
(1)
On or before June 1, 2025, the Department shall, in collaboration with publicly owned treatment works and the significant industrial users in the State identified in accordance with subsection (b) of this section, develop PFAS action levels for addressing PFAS contamination from industrial discharge for pretreatment permits.
(2)
On or before September 1, 2025, the Department shall, in collaboration with publicly owned treatment works and the significant industrial users in the State identified in accordance with subsection (b) of this section, develop mitigation plans for addressing PFAS contamination from industrial discharge for pretreatment permits.
(3)
The mitigation plans under paragraph (2) of this subsection shall include strategies and options for reducing the presence of PFAS in industrial discharge, including:
(i)
Substituting or eliminating products containing PFAS chemicals;
(ii)
Taking precautions to avoid accidental discharges;
(iii)
Decontaminating or replacing equipment contaminated with PFAS chemicals; or
(iv)
Using any other method the Department determines is necessary for the reduction or elimination of PFAS chemicals in water.
(e)
In accordance with regulations adopted by the U.S. Environmental Protection Agency regarding the storage of PFAS chemicals, a significant industrial user shall safely store PFAS chemicals that were captured after reducing PFAS chemicals from water in accordance with this section.
(f)
A significant industrial user may dispose of stored PFAS chemicals using safe disposal systems or technologies approved by the Department.
(g)
A significant industrial user shall:
(1)
(i)
By September 1, 2025, measure the levels of PFAS chemicals in its industrial wastewater using methods approved by the Department; and
(ii)
Report the levels of PFAS chemicals in the industrial wastewater in a manner approved by the Department;
(2)
By July 1, 2026, and in accordance with this section, implement measures to reduce PFAS chemicals from water discharged to a publicly owned treatment works;
(3)
Provide documentation of PFAS storage or reuse on request to:
(i)
The Attorney General;
(ii)
The Department;
(iii)
A county council;
(iv)
A State’s Attorney;
(v)
A City Attorney; or
(vi)
Any other State or local governmental entity; and
(4)
Report the storage or disposal of PFAS chemicals under 40 C.F.R. Part 372 (Toxic Chemical Release Reporting).