In this subtitle the following words have the meanings indicated. “Administrator” means the Administrator of the United States Environmental Protection Agency. “Community water system” means a public water system that: Serves at least 15 service connections used by year–round residents of the area served by the system; or Regularly serves at least 25 year–round residents. “Contaminant” means any chemical, biological, or radioactive substance that is harmful to health if in the water. “Federal Act” means the federal Safe Drinking Water Act. “Federal agency” means any department, agency, or instrumentality of the United States. “National primary drinking water regulations” means the primary drinking water rules or regulations that the Administrator adopts under the federal Act. “Noncommunity water system” means a public water system that is not a community water system. “Nontransient noncommunity water system” means a public water system that is not a community system and that regularly serves at least 25 of the same individuals over 6 months per year. “Person” includes: The Washington Suburban Sanitary Commission; Any State, county, municipal corporation, or federal agency; Any special taxing area or district that operates a public water system; and Any officer, agent, or employee of any of these. “Primary drinking water regulation” means a rule or regulation that: Applies to public water systems; Specifies contaminants that, in the judgment of the Secretary, would have an adverse effect on the health of human beings; Specifies for each contaminant either: A maximum contaminant level if, in the judgment of the Secretary, it is economically and technologically feasible to determine the level of the contaminant in water in public water systems; or If, in the judgment of the Secretary, it is not economically or technologically feasible to determine the level of the contaminant, each treatment technique known to the Secretary that leads to a reduction in the level of the contaminant sufficient to satisfy the requirements of this subtitle; and Contains standards and procedures: To ensure a supply of drinking water that dependably complies with the maximum contaminant levels, including quality control and testing procedures for compliance with those levels; To ensure proper operation and maintenance of the system; and To establish requirements as to: The minimum quality of water that may be taken into the system; and Siting for new facilities for public water systems. “Public water system” means a system that: Provides to the public water for human consumption through pipes or other constructed conveyances; and Has at least 15 service connections; or Regularly serves at least 25 individuals. “Public water system” includes: Any collection, treatment, storage, or distribution facility that is under the control of the operator of the system and is used primarily in connection with the system; and Any collection or pretreatment storage facility that is not under the control of the operator of the system and is used primarily in connection with the system. “Supplier of water” means any person who owns or operates a public water system. “Tamper” means to: Introduce a contaminant into a public water system with the intention of harming a person; or Otherwise interfere with the operation of a public water system with the intention of harming a person. “Transient noncommunity water system” means a noncommunity water system that does not regularly serve at least 25 of the same individuals over 6 months per year.

The purpose of this subtitle is to ensure that this State has the primary enforcement responsibility for drinking water standards under the federal Safe Drinking Water Act.

This subtitle does not affect any other express powers conferred by statute on the Department of the Environment or the Department of Natural Resources. The powers, duties, and authority of the Department under this subtitle supplement and are ancillary to any other provisions of this article and the Health - General Article that relate to the Secretary’s authority and responsibility to assure the purity and sanitary condition of the water supply.

To carry out the provisions of this subtitle and in addition to the powers set forth elsewhere in this subtitle, the Secretary may: Perform any act necessary to carry out the provisions of this subtitle that relate to adopting or enforcing State primary drinking water regulations; Administer the provisions of this subtitle and all rules, regulations, and orders adopted, issued, or effective under this subtitle; Enter into agreements, contracts, or cooperative arrangements, under appropriate terms and conditions, with any person or governmental entity; Receive financial and technical assistance from the federal government or other public or private agencies; Participate in related programs of the federal government, other states, interstate agencies, or other public or private agencies or organizations; Establish adequate fiscal controls and accounting procedures to assure proper disbursement of and accounting for funds appropriated or otherwise provided for the purpose of carrying out provisions of this subtitle; Delegate any responsibilities and duties the Secretary considers appropriate for administering the requirements of this subtitle; Set and collect fees for conducting necessary inspections and laboratory analyses; and Adopt rules and regulations that are necessary or appropriate to carry out the Secretary’s functions under this subtitle.

In this section, “dangerous contaminant” means a contaminant that, if present in a public water system, would present an imminent and substantial danger to the health of individuals. On receipt of information that a dangerous contaminant is present in or likely to enter a public water system, the Secretary may take any action necessary to protect the health of the individuals whose health is or would be endangered by the dangerous contaminant. The actions that the Secretary may take under this section include: Issuing any order necessary to protect the health of individuals who are or may be users of the public water system; and Suing for injunctive or other appropriate relief.

The Secretary shall adopt an adequate plan for providing safe drinking water under emergency circumstances. If, in the judgment of the Secretary, emergency circumstances exist with respect to a need for safe drinking water, the Secretary may take any action necessary to provide safe drinking water where it otherwise would not be available. Notwithstanding § 9-407(b) of this subtitle, the Secretary may adopt and enforce regulations for a contaminant if the Secretary determines that the contaminant poses a significant risk to public health and for which complete interim or revised national primary drinking water regulations are not in effect. As part of the Secretary’s determination under paragraph (1) of this subsection, the Secretary shall prepare a report that includes: 1 year of statewide monitoring data for the contaminant, which identifies locations in the State where the contaminant level may pose a significant risk to public health; Peer reviewed assessments, methodologies, and data concerning the particular contaminant; and A cost/benefit analysis of implementing the proposed standard for the contaminant conducted by the Department that includes: Review and comment by the Department of Business and Economic Development; and After the Department provides notice of the analysis and a reasonable opportunity to comment to the affected public water systems, any submitted written statements from public water systems affected by the proposed standard. Nothing in this subsection affects the Department’s authority to adopt and enforce complete interim or revised national primary drinking water regulations.

The Secretary shall: Adopt and enforce State primary drinking water regulations; and Adopt and implement adequate procedures for enforcing the State primary drinking water regulations. The State primary drinking water regulations may not: Be more stringent than the complete interim or revised national primary drinking water regulations in effect at the time; or Require the addition of any substance for preventive health care purposes unrelated to contamination of drinking water. The enforcement procedures shall: Include monitoring and inspection procedures; and Comply with all rules and regulations adopted by the Administrator under the federal Act. As the Administrator requires by rules or regulations adopted under the federal Act, the Secretary shall keep records and make reports with respect to the Secretary’s activities under this section.

Except as provided in subsection (b) of this section, and subject to § 9-409 of this subtitle, State primary drinking water regulations shall apply to every public water system in this State. The State primary drinking water regulations do not apply to a public water system that: Consists only of distribution and storage facilities, and does not have any collection and treatment facilities; Obtains all of its water from, but is not owned or operated by, a public water system to which the State primary drinking water regulations apply; Does not sell water to any person; and Is not a carrier that conveys passengers in interstate commerce.

The Secretary may authorize variances or exemptions from the rules and regulations issued in accordance with § 9–407 of this subtitle, under conditions and in a manner necessary and desirable. However, the variances or exemptions are permitted only under conditions and in a manner that is not less stringent than the conditions under, and the manner in which, variances and exemptions may be granted under the federal Act.

Each supplier of water shall give notice to the Department and the persons served by the system and shall give written notice to noncollegiate educational institutions, public schools, family child care homes, and child care centers whenever the system: Fails to comply with an applicable maximum contaminant level, treatment technique requirement, or testing procedure prescribed by a drinking water regulation or fails to perform required monitoring; Is subject to variance granted for an inability to meet a maximum contaminant level; Is subject to an exemption; Fails to comply with the requirements set by a variance or exemption; or Has concentration levels of an unregulated contaminant for which the State may require notice due to the risk to public health. Each notice shall: State the nature and possible health effects that may result; Be provided to the persons served by the water system; Be issued in a timely manner by means of radio, television, newspaper of general circulation, written notice, or other means acceptable to the Department; and Be in a form readily understandable by the affected population. By rule or regulation, the Secretary shall adopt notice requirements to meet the requirements of this section. The rules and regulations shall establish notification standards and procedures that include the manner, frequency, form, and content of the notices. For violations with the potential to have serious adverse effects on human health as a result of short–term exposure, the supplier of water shall provide notice as soon as practicable, but not later than 24 hours after the occurrence of the violation. For violations other than the violations described in subsection (d) of this section, the supplier of water shall provide written notice to each person served by the system in an annual report, or by mail not later than 1 year after the violation. Each nontransient noncommunity water system, including those systems that primarily provide bottled water, shall: At a frequency determined by the Department, test the water provided by the system for the presence of methyl tertiary butyl ether; and Report the test results to the Department. If a test conducted under this subsection indicates that the level of methyl tertiary butyl ether in the drinking water exceeds the State advisory level, as determined by the Department, the water system shall give notice of that fact to: The persons regularly served by the water system; and If the water system serves a child care center, an elementary or secondary school, or any other facility that regularly serves minors, the parents or legal guardians of all minors regularly served by the water system.

In addition to any other remedy authorized under this subtitle, the Secretary may bring an action to enjoin any violation of any rule, regulation, or order adopted or issued under this subtitle.

A supplier of water may not: Fail to comply with § 9-410 of this subtitle; Disseminate any false or misleading information in or about any notice required under § 9-410 of this subtitle or about any remedial action being undertaken to achieve compliance with State primary drinking water regulations; Knowingly make any false statement, representation, or certification in any application, record, report, plan, or other document filed or permit adopted or issued under this subtitle; Fail to comply with the rules and regulations adopted under § 9-407 of this subtitle; or Fail to comply with any conditions for variances or exemptions authorized under § 9-409 of this subtitle. A person may not: Fail to comply with any order issued by the Secretary under this subtitle; or Falsify or knowingly render 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.

A person may not tamper, attempt to tamper, or make a threat to tamper with a public water system. The Department may bring a civil action against any person who tampers, attempts to tamper, or makes a threat to tamper with a public water system. The court may impose a civil penalty of not more than $50,000 for actual tampering, or not more than $20,000 for each attempt to tamper.

A person who willfully violates § 9–412(a)(4) or (5) of this subtitle is subject to a civil penalty of up to $5,000 for each day on which the violation exists. A person who violates § 9–412(a)(1), (2), or (3) of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 for each day on which the violation occurs or failure to comply continues. In an action brought in the appropriate court to enforce the order, a person who willfully violates or fails or refuses to comply with any order issued by the Secretary under this subtitle may be fined not more than $5,000 for each day on which the violation occurs or failure to comply continues. In addition to any other remedies available at law 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 order, regulation, or plan adopted or issued under this subtitle. The penalty imposed on a supplier of water serving a population of more than 10,000 under this subsection shall be: Up to $1,000 per day for each violation, but not exceeding $25,000 total for each violation; and Assessed with consideration given to: The willfulness of the violation, the extent to which the existence of the violation was known to but uncorrected by the violator, and the extent to which the violator exercised reasonable care; Any actual harm to the environment or to human health, including injury to or impairment of the use of the waters of this State or the natural resources of the State; The cost of cleanup and the cost of restoration of natural resources; The nature and degree of injury to or interference with general welfare, health, and property; The extent to which the location of the violation, including location near waters of this State or areas of human population, creates the potential for harm to the environment or to human health or safety; The available technology and economic reasonableness of controlling, reducing, or eliminating the violation; The degree of hazard posed by the particular pollutant or pollutants involved; 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; and Whether or not penalties were assessed or will be assessed under other provisions of this subtitle. The penalty imposed on a supplier of water serving a population of 3,301 to 10,000 under this subsection shall be: Up to $500 per day for each violation, but not exceeding $12,500 total for each violation; and Assessed with consideration given to the factors set forth in paragraph (2)(ii) of this subsection. The penalty imposed on a supplier of water serving a population of 501 to 3,300 under this subsection shall be: Up to $250 per day for each violation, but not exceeding $6,250 total for each violation; and Assessed with consideration given to the factors set forth in paragraph (2)(ii) of this subsection. The penalty imposed on a supplier of water serving a population of 500 or less under this subsection shall be: Up to $100 per day for each violation, but not exceeding $5,000 total for each violation; and Assessed with consideration given to the factors set forth in paragraph (2)(ii) of this subsection. Each day a violation occurs is a separate violation under this subsection. Any penalty imposed under this subsection is payable to the State and collectible in any manner provided at law for the collection of penalties. All penalties collected under this subtitle shall be paid into the Maryland Clean Water Fund created under § 9–320 of this title.

The Department may issue an order or notice if the Department has reasonable grounds to believe that a person to whom the order or notice is directed has violated: This subtitle; Any rule or regulation adopted under this subtitle; or Any order or permit issued under this subtitle. An order or notice issued under this subtitle shall: Specify the provision that allegedly has been violated; State the alleged facts that constitute the violation; State the actions necessary to correct the violation and the time allowed for corrections; and State the procedure for requesting a hearing to respond to the violation alleged in the order. If the person served with an order does not request a hearing within 30 days, the order becomes a final order. Any notice or order issued by the Department under this subtitle may be served on the person to whom it is directed: In accordance with § 1–204 of this article; or By publication.

The Department shall give notice and hold hearings under this subtitle in accordance with the Administrative Procedure Act. Within 30 days after service of the order under this subtitle the person served may request in writing a hearing before the Department. If a person served with an order under this subsection makes a timely request for a hearing, the Department shall give the person written notice of the date, time, and place of the hearing, at least 10 days before the hearing date. The order becomes final when the Department renders its decision following the hearing. The Department may make a verbatim record of the proceedings of any hearing held under this subtitle. In connection with any hearing under this subtitle, the Department may: Subpoena any person or evidence; and Order a witness to give evidence. A subpoenaed witness shall receive the same fees and mileage reimbursement as if the hearing were part of a civil action. 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: Compel obedience to the Department’s order or subpoena; or Compel testimony or the production of evidence. The court may punish as contempt any failure to obey its order issued under this section. Any person aggrieved by a final decision of the Department in connection with an order or a permit issued under this subtitle may take judicial appeal in accordance with the Administrative Procedure Act.

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. In an 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.

Each new community and nontransient noncommunity water supply system that commences operation after October 1, 1999 shall demonstrate to the Department that it has the technical, managerial, and financial capacity to operate the proposed water system in accordance with the drinking water regulations in effect, or likely to be in effect, on the date of the commencement of operations.

For the purposes of this Part II, a “water supply facility” includes a source, treatment, storage, or distribution facility. There is a Water Supply Facilities Financial Assistance Program consisting of moneys made available under water supply loan authorizations and funds appropriated in the State budget. The Board of Public Works, upon the recommendation of the Secretary, may award financial assistance to State and local governmental entities for the acquisition, construction, equipping, rehabilitation, design, and improvement of water supply facilities.

Grants and loans may be awarded to any State or local governmental entity responsible by law for the provision of water supply systems in order to finance eligible costs of those systems that are necessary to satisfy State drinking water standards and policies or to protect the public health and comfort. State assistance under this Part II of this subtitle, may not exceed 87.5 percent of eligible costs for each project or part of a project. In the case of a project to be operated by a State–owned institution or facility, State financial assistance shall equal the total cost of the project less the amount of any federal grant made therefor. 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: Placing qualified small business enterprises, minority business enterprises, and women’s business enterprises on solicitation lists; Assuring that small business enterprises, minority business enterprises, and women’s business enterprises are solicited whenever they are potential sources; 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; Establishing delivery schedules, where the requirement permits, that encourage participation by small business enterprises, minority business enterprises, and women’s business enterprises; and 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. 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.

Before any loan is made, the applicant shall execute an agreement specifying the purpose, amount, and manner of repayment of the loan. The agreement shall be signed on behalf of the State by the Department of the Environment and shall be approved by the Board of Public Works. To the extent not inconsistent with this Part II of Subtitle 4, 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. A State loan extended under this subtitle: May not exceed $500,000 principal amount for each project or part of a project in any calendar year except as provided in subsection (c) of this section; May not exceed the eligible cost of the project less the total of federal and State grants and federal loans; Shall bear at least the same rate of interest as the most recent State general obligation bond sale preceding the date of approval by the Board of Public Works; and Shall be repaid within 30 years. The aggregate principal amount of all loans for each project or part of a project in any calendar year may not exceed $500,000 unless the Board of Public Works determines that extraordinary circumstances exist.

With the approval of the Board of Public Works, the Secretary shall adopt regulations that establish application procedures and criteria for the award of financial assistance under this Part II of Subtitle 4. The criteria shall provide the basis for project priority rankings and shall include, as appropriate: The water quality for public health impacts caused by existing circumstances; Previous efforts expended to correct any existing problem; Financial capability of the applicant; The problem prevention aspects of a proposed project; Cost effectiveness of a proposed project; Planning requirements; Provisions for monitoring and review; and Measures to assure accountability for all funds awarded under this subtitle. The Secretary shall establish project priority systems.

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 for each project or part of a project in any calendar year unless the Board of Public Works determines that extraordinary circumstances exist.

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.

To receive financial assistance from the Fund, the project must be included in the county water and sewer plan approved by the county governing body and the Maryland Department of the Environment.