LAWRENCE J. HOGAN, JR., Governor Ch. 419
– 1 –
Chapter 419
(House Bill 318)
AN ACT concerning
Environment – On–Site Wastewater Services – Regulation
FOR the purpose of establishing the State Board of On–Site Wastewater Professionals in
the Department of the Environment; establishing the On –Site Wastewater
Professionals Fund as a special, nonlapsing fund; requiring interest earnings of the
Fund to be credited to the Fund; requiring the Board to submit a certain annual
report to the Secretary of the Environment; requiring, subject to a certain exception,
a certain individual to be licensed by the Board before providing certain on–site
wastewater services in the State; authorizing a certain individual to continue to
provide certain services until certain license requirements are established if the
individual pays a certain fee to the Department; specifying that this Act does not
prevent or prohibit a local government from imposing certain requirements or
standards; providing that the Board is subject to the Maryland Program Evaluation
Act; repealing provisions of law establishing and requiring an on–site wastewater
property transfer inspection license under certain circumstances; and generally
relating to the establishment of the State Board of On –Site Wastewater
Professionals and the regulation of individuals providing on–site wastewater
services in the State.
BY renumbering
Article – State Government
Section 8–403(43) through 8–403(62), respectively
to be Section 8–403(44) through 8–403(63), respectively
Annotated Code of Maryland
(2021 Replacement Volume)
BY repealing and reenacting, without amendments,
Article – Environment
Section 1–401
Annotated Code of Maryland
(2013 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, with amendments,
Article – Environment
Section 1–406
Annotated Code of Maryland
(2013 Replacement Volume and 2021 Supplement)
BY adding to
Article – Environment Ch. 419 2022 LAWS OF MARYLAND
– 2 –
Section 9–11A–01 through 9–11A–21 9–11A–23 to be under the new subtitle
“Subtitle 11A. On–Site Wastewater Services”
Annotated Code of Maryland
(2014 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, without amendments,
Article – State Finance and Procurement
Section 6–226(a)(2)(i)
Annotated Code of Maryland
(2021 Replacement Volume)
BY repealing and reenacting, with amendments,
Article – State Finance and Procurement
Section 6–226(a)(2)(ii)144. and 145.
Annotated Code of Maryland
(2021 Replacement Volume)
BY adding to
Article – State Finance and Procurement
Section 6–226(a)(2)(ii)146.
Annotated Code of Maryland
(2021 Replacement Volume)
BY adding to
Article – State Government
Section 8–403(43)
Annotated Code of Maryland
(2021 Replacement Volume)
BY repealing
Article – Environment
Section 9–217.2
Annotated Code of Maryland
(2014 Replacement Volume and 2021 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows: Section(s) 8–403(43) through 8–403(62),
respectively, of Article – State Government of the Annotated Code of Maryland be
renumbered to be Section(s) 8–403(44) through 8–403(63), respectively.
SECTION 2. AND BE IT FURTHER ENACTED , That the Laws of Maryland read
as follows:
Article – Environment
1–401. LAWRENCE J. HOGAN, JR., Governor Ch. 419
– 3 –
There is a Department of the Environment, established as a principal department of
the State government.
1–406.
The following units, among other units, are included in the Department:
(1) Air Quality Control Advisory Council;
(2) Hazardous Substances Advisory Council;
(3) Radiation Control Advisory Board;
(4) Science and Health Advisory Group;
(5) Board of Waterworks and Waste System Operators;
(6) Board of Well Drillers;
(7) Hazardous Waste Facilities Siting Board; [and]
(8) Marine Contractors Licensing Board; AND
(9) BOARD OF ON–SITE WASTEWATER PROFESSIONALS .
SUBTITLE 11A. ON–SITE WASTEWATER SERVICES.
PART I. DEFINITIONS; GENERAL PROVISIONS.
9–11A–01.
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(B) “BOARD” MEANS THE STATE BOARD OF ON–SITE WASTEWATER
PROFESSIONALS .
(C) “LICENSE” MEANS ANY CATEGORY O F PROFESSIONAL LICEN SE ISSUED
BY THE BOARD TO AN INDIVIDUA L TO PROVIDE ON–SITE WASTEWATER SERV ICES IN
THE STATE.
(D) (1) “ON–SITE WASTEWATER SERV ICES” MEANS ANY ACTIVITY
ASSOCIATED WITH THE DESIGN, INSTALLATION, OPERATION AND MAINTE NANCE, Ch. 419 2022 LAWS OF MARYLAND
– 4 –
PUMPING, REPAIR, OR PROPERTY TRANSFER INSPECTION OF AN ON –SITE
WASTEWATER SYSTEM .
(2) “ON–SITE WASTEWATER SERV ICES” DOES NOT INCLUDE ANY TYPE
OF ON–SITE WASTEWATER SYST EM INSPECTION OTHER THAN A PROPERTY
TRANSFER INSPECTION .
(E) (1) “ON–SITE WASTEWATER SYST EM” MEANS:
(I) A WASTEWATER SYSTEM DE SIGNED TO TREAT AND DISPOSE
OF EFFLUENT ON :
1. THE SAME PROPERTY THA T PRODUCES THE
WASTEWATER ; OR
2. AN EASEMENT; OR
(II) A HOLDING TANK .
(2) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS SUBSECTION ,
“ON–SITE ON–SITE WASTEWATER SYSTEM ” INCLUDES A SEPTIC OR ANY OTHER
ON–SITE SEWAGE DISPOSAL SYSTEM.
(3) “ON–SITE WASTEWATER SYST EM” DOES NOT INCLUDE A
WASTEWATER TREATMENT SYSTEM THAT:
(I) REQUIRES A DISCHARGE PERMIT FROM THE DEPARTMENT ;
OR
(II) TREATS 5,000 OR MORE GALLONS PER DAY.
9–11A–02.
(A) THIS SUBTITLE DOES NOT AP PLY TO AN INDIVIDUAL EMPLOYED BY A
LOCAL, STATE, OR FEDERAL AGENCY WH ILE PERFORMING THE D UTIES OF THAT
EMPLOYMENT .
(B) NOTHING IN THIS SUBTI TLE PREVENTS OR PROH IBITS A LOCAL
GOVERNMENT FROM IMPO SING REQUIREMENTS , STANDARDS, OR FEES TH AT ARE
MORE STRINGENT THAN THE REQUIREMENTS , STANDARDS, OR FEES ESTABLISHED
IN THIS SUBTITLE.
9–11A–03. RESERVED.
LAWRENCE J. HOGAN, JR., Governor Ch. 419
– 5 –
9–11A–04. RESERVED.
PART II. STATE BOARD OF ON–SITE WASTEWATER PROFESSIONALS .
9–11A–05.
(A) THERE IS A STATE BOARD OF ON–SITE WASTEWATER PROFESSIONALS
IN THE DEPARTMENT .
(B) THE PURPOSE OF THE BOARD IS TO:
(1) REGULATE REGULATE INDIVIDUALS WHO PROV IDE ON–SITE
WASTEWATER SERVICES OR ENGAGE IN THE BUS INESS OF PROVIDING O N–SITE
WASTEWATER SERVICES IN THE STATE FOR THE PURPOSE OF SAFEGUARDING THE
LIFE, HEALTH, PROPERTY, ENVIRONMENT , AND PUBLIC WELFARE O F THE
RESIDENTS OF THE STATE; AND
(2) ESTABLISH, IN CONSULTATION WITH THE DEPARTMENT ,
MINIMUM STANDARDS FO R ON–SITE WASTEWATER SYST EMS THAT ARE NOT
REQUIRED TO BE PERMI TTED UNDER § 9–323 OF THIS TITLE , INCLUDING
STANDARDS FOR THE PR OCESSES, PROCEDURES , TECHNIQUES , AND MATERIALS
ASSOCIATED WITH THE PROPER DESIGN , ACCEPTABLE INSTALLAT ION, ADEQUATE
OPERATION AND MAINTE NANCE, INCLUDING PUMPING OR REPAIR, AND PROPERTY
TRANSFER INSPECTIO N OF AN ON–SITE WASTEWATER SYST EM.
(C) ANY FINAL ACTION OF T HE BOARD IS SUBJECT TO R EVIEW BY THE
SECRETARY OR THE SECRETARY’S DESIGNEE.
9–11A–06.
(A) (1) THE BOARD CONSISTS OF THE FOLLOWING MEMBERS :
(I) AS A NONVOTING MEMBER OF THE BOARD, THE THE
SECRETARY, OR THE SECRETARY’S DESIGNEE;
(II) SIX INDIVIDUALS APPOI NTED BY THE GOVERNOR WITH THE
ADVICE OF THE SECRETARY AND WITH TH E ADVICE AND CONSENT OF THE SENATE;
(III) ONE INDIVIDUAL DESIGN ATED BY THE MARYLAND ONSITE
WASTEWATER PROFESSIONALS ASSOCIATION; AND
(IV) ONE REPRESENTATIVE OF THE MARYLAND CONFERENCE
OF LOCAL ENVIRONMENTAL HEALTH DIRECTORS, DESIGNATED BY THE MARYLAND
CONFERENCE OF LOCAL ENVIRONMENTAL HEALTH DIRECTORS. Ch. 419 2022 LAWS OF MARYLAND
– 6 –
(2) OF THE MEMBERS OF THE BOARD:
(I) AT LEAST SIX SHALL BE ON–SITE WASTEWATER
PROFESSIONALS ; AND
(II) TWO SHALL BE CONSUMER MEMBERS.
(3) (I) THE OF THE ON–SITE WASTEWATER PROF ESSIONAL
MEMBERS OF THE BOARD SHALL BE REPRESENTAT IVE OF ALL REGIONS O F THE
STATE:
1. AT LEAST ONE SHALL BE FROM THE AREA THAT
CONSISTS OF ALLEGANY COUNTY, FREDERICK COUNTY, GARRETT COUNTY, AND
WASHINGTON COUNTY;
2. AT LEAST ONE SHALL BE FROM THE AREA THAT
CONSISTS OF BALTIMORE CITY, BALTIMORE COUNTY, CARROLL COUNTY,
HARFORD COUNTY, HOWARD COUNTY, AND MONTGOMERY COUNTY;
3. AT LEAST ONE SHALL BE FROM THE AREA THAT
CONSISTS OF ANNE ARUNDEL COUNTY AND PRINCE GEORGE’S COUNTY;
4. AT LEAST ONE SHALL BE FROM THE AREA THAT
CONSISTS OF CAROLINE COUNTY, CECIL COUNTY, DORCHESTER COUNTY, KENT
COUNTY, QUEEN ANNE’S COUNTY, SOMERSET COUNTY, TALBOT COUNTY,
WICOMICO COUNTY, AND WORCESTER COUNTY; AND
5. AT LEAST ONE SHALL BE FROM THE AREA THAT
CONSISTS OF CALVERT COUNTY, CHARLES COUNTY, AND ST. MARY’S COUNTY.
(II) BEFORE JULY 1, 2026, THE ON–SITE WASTEWATER
PROFESSIONAL MEMBERS OF THE BOARD SHALL:
1. BE LICENSED BY A LOCA L GOVERNMENT ; OR
2. HOLD A LETTER FROM TH E LOCAL HEALTH
DEPARTMENT STATING T HAT THE MEMBER HAS B EEN PROVIDING ON –SITE
WASTEWATER SERVICES FOR A MINIMUM OF 7 YEARS AND IS IN GOOD STANDING.
(III) ON AND AFTER JULY 1, 2026, AND IN ACCORDANCE WI TH
THIS SUBTITLE , THE ON–SITE WASTEWATER PROF ESSIONAL MEMBERS OF THE
BOARD SHALL BE LICENS ED BY THE BOARD.
LAWRENCE J. HOGAN, JR., Governor Ch. 419
– 7 –
(4) EACH CONSUMER MEMBER OF THE BOARD:
(I) SHALL BE A MEMBER OF THE GENERAL PUBLIC ;
(II) MAY NOT BE A LICENSEE OR OTHERWISE BE SUBJ ECT TO
REGULATION BY THE BOARD;
(III) MAY NOT BE REQUIRED T O MEET THE QUALIFICA TIONS FOR
THE PROFESSIONAL MEM BERS OF THE BOARD; AND
(IV) MAY NOT, WITHIN 1 YEAR BEFORE APPOINTM ENT, HAVE
HAD A FINANCIAL INTEREST IN OR HAVE RECEIVED COMPENSATIO N FROM A PERSON
REGULATED BY THE BOARD.
(B) WHILE A MEMBER OF THE BOARD, A CONSUMER MEMBER MA Y NOT:
(1) HAVE A FINANCIAL INTE REST IN OR RECEIVE C OMPENSATION
FROM A PERSON REGULA TED BY THE BOARD; OR
(2) GRADE AN EXAMINATION GIVEN BY OR FOR THE BOARD.
(C) BEFORE TAKING OFFICE , EACH APPOINTEE TO TH E BOARD SHALL TAKE
THE OATH REQUIRED BY ARTICLE I, § 9 OF THE MARYLAND CONSTITUTION.
(D) (1) THE TERM OF A VOTING MEMBER IS 3 YEARS.
(2) A VOTING MEMBER MAY SE RVE TWO TERMS CONSECUT IVELY.
(3) THE TERMS OF VOTING M EMBERS ARE STAGGERED AS REQUIRED
BY THE TERMS PROVIDE D FOR MEMBERS OF THE BOARD ON JULY 1, 2022.
(4) AT THE END OF A TERM , A VOTING MEMBER CONT INUES TO SERVE
UNTIL A SUCCESSOR IS APPOINTED AND QUALI FIES.
(5) A VOTING MEMBER WHO IS APPOINTED AFTER A TE RM HAS BEGUN
SERVES ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINTED
AND QUALIFIES.
(E) THE GOVERNOR MAY REMOVE A VOTING MEMBER FOR IN COMPETENCE ,
MISCONDUCT , OR ON RECOMMENDATION OF A MAJORITY OF THE BOARD.
9–11A–07.
Ch. 419 2022 LAWS OF MARYLAND
– 8 –
(A) THE MEMBERS OF THE BOARD SHALL DESIGNATE A CHAIR, A VICE
CHAIR, AND A SECRETARY .
(B) THE BOARD SHALL DETERMINE THE MEANS OF THE ELE CTION OF
OFFICERS.
9–11A–08.
(A) A MAJORITY OF THE MEMB ERS THEN SERVING ON THE BOARD IS A
QUORUM.
(B) THE BOARD SHALL DETERMINE THE TIMES AND PLACES OF ITS
MEETINGS.
(C) EACH MEMBER OF THE BOARD IS ENTITLED TO REIMBURSEMENT FOR
EXPENSES UNDER THE STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN
THE STATE BUDGET .
(D) THE BOARD MAY EMPLOY A STAFF I N ACCORDANCE WITH TH E STATE
BUDGET.
9–11A–09.
THE BOARD, IN CONSULTATION WITH THE DEPARTMENT , SHALL:
(1) MAKE RECOMMENDATIONS TO THE DEPARTMENT ON THE
ADOPTION OF REGULATI ONS TO CARRY OUT THE PROVISIONS OF THIS S UBTITLE,
INCLUDING:
(I) LICENSING PROCEDURES , DEFINITIONS, QUALIFICATIONS ,
AND CONTINUING EDUCA TION REQUIREMENTS FO R THE FOLLOWING CATE GORIES:
1. DESIGNER;
2. MASTER INSTALLER AND JOURNEY INSTALLER ;
3. MASTER ON –SITE WASTEWATER PROP ERTY
TRANSFER INSPECTOR A ND JOURNEY ON –SITE WASTEWATER PROP ERTY TRANSFER
INSPECTOR;
4. MASTER PUMPER AND JOU RNEY PUMPER ; AND
5. MASTER OPERATION AND MAINTENANCE PROVIDER
AND JOURNEY OPERATIO N AND MAINTENANCE PR OVIDER; LAWRENCE J. HOGAN, JR., Governor Ch. 419
– 9 –
(II) CERTIFICATION PROCEDU RES, DEFINITIONS,
QUALIFICATIONS , AND CONTINUING EDUCA TION REQUIREMENTS FO R THE
FOLLOWING CATEGORIES :
1. DESIGNER;
2. ADVANCED TREATMENT IN STALLER;
3. MOUND INSTALLER ;
4. DRIP DISPERSAL INSTAL LER;
5. PUMP DISPERSAL SYSTEM INSTALLER;
6. ADVANCED TREATMENT OP ERATION AND
MAINTENANCE PROVIDER ;
7. ADVANCED TREATMENT UN IT PUMPER;
8. ADVANCED TREATMENT PR OPERTY TRANSFER
INSPECTOR; AND
9. ANY OTHER CATEGORY AS SOCIATED WITH A SPECIFIC
ON–SITE WASTEWATER TREA TMENT TECHNOLOGY ; AND
(III) MINIMUM STANDARDS FOR ANY PROCESSES , PROCEDURES ,
TECHNIQUES , AND MATERIALS ASSOCI ATED WITH THE PROPER DESIGN ,
ACCEPTABLE INSTALLAT ION, ADEQUATE OPERATION A ND MAINTENANCE ,
INCLUDING PUMPING OR REPAIR, AND PROPERTY TRANSFE R INSPECTION OF AN
ON–SITE WASTEWATER SYST EM THAT IS NOT REQUI RED TO BE PERMITTED UNDER §
9–323 OF THIS TITLE ON–SITE WASTEWATER SYST EMS;
(2) REVIEW REGULATIONS PR OPOSED BY THE DEPARTMENT TO
CARRY OUT THE PROVIS IONS OF THIS SUBTITLE;
(3) ESTABLISH A CODE OF E THICS PROVIDED BY TH E DEPARTMENT
FOR:
(I) MEMBERS OF THE BOARD; AND
(II) INDIVIDUALS LICENSED AND CERTIFIED BY THE BOARD;
Ch. 419 2022 LAWS OF MARYLAND
– 10 –
(4) ON OR BEFORE JUNE 1, 2024, MAKE RECOMMENDATIONS TO THE
DEPARTMENT FOR ESTABL ISHING THE LICENSING AND CERTIFICATION
PROCEDURES SPECIFIED UNDER ITEM (1) OF THIS SECTION;
(5) COLLECT AND ACCOUNT F OR THE FEES PROVIDED FOR UNDER
THIS SUBTITLE; AND
(6) KEEP A CURRENT RECORD OF ALL INDIVIDUALS A ND ENTITIES
LICENSED UNDER THIS SUBTITLE.
9–11A–10.
(A) (1) THE DEPARTMENT , IN CONSULTATION WITH THE BOARD, SHALL
SET BY REGULATION RE ASONABLE FEES FOR TH E ISSUANCE AND RENEW AL OF
LICENSES AND OTHER S ERVICES THAT THE BOARD PROVIDES .
(2) THE FEES SHALL BE SET TO PRODUCE FUNDS TO APPROXIMATE
THE COSTS OF MAINTAINING THE BOARD THE BOARD’S CREATION, MAINTENANCE ,
REASONABLE ADMINISTR ATIVE COSTS, AND ONGOING ACTIVITI ES.
(B) THE BOARD SHALL PUBLISH A SCHEDULE OF THE FEES .
(C) THE BOARD SHALL PAY ALL F UNDS COLLECTED UNDER THIS SUBTITLE
INTO THE ON–SITE WASTEWATER PROFESSIONALS FUND ESTABLISHED UNDE R §
9–11A–11 OF THIS SUBTITLE.
9–11A–11.
(A) IN THIS SECTION , “FUND” MEANS THE ON–SITE WASTEWATER
PROFESSIONALS FUND.
(B) THERE IS AN ON–SITE WASTEWATER PROFESSIONALS FUND.
(C) THE PURPOSE OF THE FUND IS TO PROVIDE FU NDING TO MAINTAIN TH E
BOARD.
(D) THE BOARD SHALL ADMINISTE R THE FUND.
(E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE.
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY ,
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND.
LAWRENCE J. HOGAN, JR., Governor Ch. 419
– 11 –
(F) THE FUND CONSISTS OF :
(1) ALL FEES, PENALTIES, AND FINES COLLECTED UNDER THIS
SUBTITLE;
(2) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND;
(3) INTEREST EARNINGS OF THE FUND;
(4) DONATIONS TO THE FUND; AND
(5) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR
THE BENEFIT OF THE FUND.
(G) THE FUND SHALL BE USED ON LY TO MAINTAIN THE BOARD PAY FOR
THE COST OF CREATING THE BOARD, MAINTENANCE OF THE BOARD, REASONABLE
ADMINISTRATIVE COSTS , AND IMPLEMENT THE PR OVISIONS OF THIS SUB TITLE.
(H) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND
IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED.
(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO
THE FUND.
(I) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE
WITH THE STATE BUDGET .
(J) MONEY EXPENDED FROM T HE FUND TO MAINTAIN THE BOARD OR
IMPLEMENT THE PROVIS IONS OF THIS SUBTITL E IS SUPPLEMENTAL TO AND IS NOT
INTENDED TO TAKE THE PLACE OF FUNDING THA T OTHERWISE WOULD BE
APPROPRIATED FOR THE BOARD.
9–11A–12.
ON OR BEFORE DECEMBER 31 EACH YEAR, THE BOARD SHALL PREPARE A ND
SUBMIT AN ANNUAL REP ORT TO THE SECRETARY ON :
(1) THE STATUS OF THE ON–SITE WASTEWATER PROFESSIONALS
FUND;
(2) REVENUES AND EXPENDIT URES FROM THE ON–SITE
WASTEWATER PROFESSIONALS FUND;
Ch. 419 2022 LAWS OF MARYLAND
– 12 –
(3) THE EFFICIENCY OF THE REGULATIONS ADOPTED BY THE
DEPARTMENT TO IMPLEME NT THE PROVISIONS OF THIS SUBTITLE;
(4) COMPLIANCE WITH THE R EGULATIONS ADOPTED BY T HE
DEPARTMENT TO IMPLEME NT THE PROVISIONS OF THIS SUBTITLE; AND
(5) BASED ON THE FACTORS SPECIFIED IN ITEMS (1) THROUGH (4) OF
THIS SECTION, THE NECESSITY TO REV IEW AND ADJUST THE F EES SET BY THE
DEPARTMENT BY REGULAT ION.
9–11A–13. RESERVED.
9–11A–14. RESERVED.
PART III. LICENSING.
9–11A–15.
(A) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION ,
AN INDIVIDUAL SHALL BE LICENSED BY THE BOARD IN ACCORDANCE W ITH THIS
SUBTITLE BEFORE THE INDIVIDUAL MAY PROVI DE ON–SITE WASTEWATER SERVICES
IN THE STATE.
(2) (I) AN INDIVIDUAL WHO , AS OF JANUARY 1, 2022, HOLDS A
LICENSE, REGISTRATION , OR CERTIFICATION TO PROVIDE PROVIDES ON–SITE
WASTEWATER SERVICES IN THE STATE MAY CONTINUE TO PROVIDE ON –SITE
WASTEWATER SERVICES UNTIL THE LICENSING REQUIR EMENTS ARE ESTABLISH ED
BY THE DEPARTMENT BY REGULAT ION IF THE INDIVIDUA L:
1. COMPLIES WITH ALL APP LICABLE STATE AND LOCAL
LAWS AND REGULATIONS ;
2. ON OR BEFORE DECEMBER 31, 2022, PAYS TO THE
DEPARTMENT A FEE OF $150; AND
2. 3. EVERY 2 YEARS THEREAFTER UNT IL THE
DEPARTMENT SETS FEES IN ACCORDANCE WITH § 9–11A–10 OF THIS SUBTITLE ,
PAYS TO THE DEPARTMENT A RENEWAL FEE OF $150.
(II) IF A LOCAL GOVERNMENT DOES NOT ISSUE LICEN SES,
REGISTRATIONS , OR CERTIFICATIONS TO INDIVIDUALS TO PROVI DE ON–SITE
WASTEWATER SERVICES , AN INDIVIDUAL MAY RE QUEST A LETTER OF GO OD
STANDING FROM THE LO CAL HEALTH DEPARTMEN T TO CONTINUE TO PRO VIDE LAWRENCE J. HOGAN, JR., Governor Ch. 419
– 13 –
ON–SITE WASTEWATER SERV ICES IN ACCORDANCE W ITH SUBPARAGRAPH (I) OF
THIS PARAGRAPH .
(III) THE DEPARTMENT SHALL PAY ALL FEES COLLECTED
UNDER PARAGRAPH (2)(I) OF THIS SUBSECTION I NTO THE ON–SITE WASTEWATER
PROFESSIONALS FUND ESTABLISHED UNDE R § 9–11A–11 OF THIS SUBTITLE ALL
FEES COLLECTED BY TH E DEPARTMENT UNDER THIS PARAGRAPH SHALL BE U SED
BY THE DEPARTMENT TO :
1. PAY FOR THE CREATION OF THE BOARD;
2. COVER REASONABLE ADMI NISTRATIVE COSTS ; AND
3. IMPLEMENT THE PROVISI ONS OF THIS SUBTITLE .
(B) TO QUALIFY FOR A LICE NSE, AN APPLICANT SHALL M EET THE
REQUIREMENTS ESTABLI SHED BY THE DEPARTMENT BY REGULAT ION.
(C) TO APPLY FOR A LICENS E, AN APPLICANT SHALL :
(1) SUBMIT TO THE BOARD AN APPLICATION ON THE FORM THAT THE
BOARD PROVIDES ; AND
(2) PAY TO THE BOARD THE REQUIRED AP PLICATION FEE SET BY THE
DEPARTMENT BY REGULAT ION.
(D) A BUSINESS PROVIDING O N–SITE WASTEWATER SERV ICES OR
CONTRACTING TO PROVI DE ON–SITE WASTEWATER SERV ICES THAT ARE
REGULATED BY THE BOARD MUST HAVE AN EM PLOYEE OR OWNER LICE NSED BY THE
BOARD.
(E) A LICENSE ISSUED BY TH E BOARD IN ACCORDANCE W ITH THIS
SUBTITLE IS VALID FOR 2 YEARS.
(F) (E) IN ACCORDANCE WITH TH E REQUIREMENTS ESTAB LISHED BY THE
DEPARTMENT BY REGULAT ION, THE BOARD MAY ISSUE A CER TIFICATION TO AN
INDIVIDUAL TO PERFOR M SPECIFIC TASKS ASS OCIATED WITH ON –SITE
WASTEWATER SERVICES IF THE INDIVIDUAL:
(1) IS LICENSED BY THE BOARD; OR
(2) HOLDS A PROFESSIONAL LICENSE THAT IS APPR OVED BY THE
BOARD.
Ch. 419 2022 LAWS OF MARYLAND
– 14 –
9–11A–16.
SUBJECT TO THE HEARIN G REQUIREMENTS IN § 9–11A–17 OF THIS SUBTITLE,
THE BOARD MAY DENY A LICE NSE TO ANY APPLICANT , REPRIMAND ANY LICENS EE,
OR SUSPEND OR REVOKE A LICENSE IF THE APP LICANT OR LICENSEE :
(1) VIOLATES ANY PROVISIO N OF THIS SUBTITLE O R ANY
REGULATION ADOPTED U NDER THIS SUBTITLE ;
(2) FRAUDULENTLY OR DECEP TIVELY OBTAINS OR AT TEMPTS TO
OBTAIN A LICENSE FOR THE APPLICANT OR LIC ENSEE OR FOR ANOTHER ;
(3) FRAUDULENTLY OR DECEP TIVELY USES A LICENS E; OR
(4) COMMITS ANY IS FOUND GUILTY OF GROSS NEGLIGENCE ,
INCOMPETENCE , OR MISCONDUCT WHILE PROVIDING ON –SITE WASTEWATER
SERVICES.
9–11A–17.
(A) EXCEPT AS OTHERWISE P ROVIDED IN TITLE 10, SUBTITLE 2 OF THE
STATE GOVERNMENT ARTICLE, BEFORE THE BOARD TAKES ANY FINAL ACTION
UNDER § 9–11A–16 OF THIS SUBTITLE IT SHALL GIVE THE INDIV IDUAL AGAINST
WHOM THE ACTION IS C ONTEMPLATED AN OPPOR TUNITY FOR A HEARING BEFORE
THE BOARD.
(B) THE BOARD SHALL GIVE NOTIC E AND HOLD THE HEARI NG IN
ACCORDANCE WITH TITLE 10, SUBTITLE 2 OF THE STATE GOVERNMENT ARTICLE.
(C) THE BOARD MAY ADMINISTER OATHS IN CONNECTION WITH ANY
PROCEEDING UNDER THI S SECTION.
(D) IF, AFTER DUE NOTICE , THE APPLICANT OR LIC ENSEE AGAINST WHOM
THE ACTION IS CONTEM PLATED FAILS OR REFU SES TO APPEAR , THE BOARD MAY
HEAR AND DETERMINE T HE MATTER.
(E) ANY PERSON AGGRIEVED BY A FINAL DECISION OF THE BOARD IN A
CONTESTED CASE , AS DEFINED IN § 10–202 OF THE STATE GOVERNMENT ARTICLE,
MAY TAKE AN APPEAL A S ALLOWED IN §§ 10–222 AND 10–223 OF THE STATE
GOVERNMENT ARTICLE.
9–11A–18. RESERVED.
LAWRENCE J. HOGAN, JR., Governor Ch. 419
– 15 –
9–11A–19. RESERVED.
PART IV. PROHIBITED ACTS; PENALTIES.
9–11A–20.
(A) EXCEPT AS PROVIDED IN § 9–11A–15(A) OF THIS SUBTITLE , AN
INDIVIDUAL MAY NOT PROVIDE , ATTEMPT TO PROVIDE , OR OFFER TO PROVIDE
ON–SITE WASTEWATER SERV ICES UNLESS THE INDI VIDUAL IS LICENSED B Y THE
BOARD.
(B) A LICENSE MAY NOT BE B ORROWED, RENTED, OR TRANSFERRED TO
ANOTHER INDIVIDUAL .
9–11A–21.
(A) A PERSON WHO VIOLATES ANY PROVISION OF THIS SU BTITLE OR OF ANY
REGULATION ADOPTED U NDER THIS SUBTITLE I S GUILTY OF A MISDEM EANOR AND
ON CONVICTION IS SUB JECT:
(1) TO A FINE NOT EXCEEDI NG $500 OR IMPRISONMENT NOT
EXCEEDING 3 MONTHS, OR BOTH; OR
(2) TO A FINE NOT EXCEEDI NG $1,000 OR IMPRISONMENT NOT
EXCEEDING 1 YEAR, OR BOTH, FOR ANY SUBSEQUENT V IOLATION OF THIS TIT LE
THAT OCCURS WITHIN 2 YEARS OF AN EARLIER VIOLATION OF THIS TI TLE.
(B) EACH DAY THAT A PERSO N PROVIDES ON–SITE WASTEWATER SERV ICES
WITHOUT A LICENSE CO NSTITUTES A SEPARATE OFFENSE .
9–11A–22.
(A) INSTEAD OF OR IN ADDI TION TO ANY OTHER PE NALTIES UNDER THIS
TITLE, THE BOARD MAY IMPOSE A CI VIL PENALTY ON A PER SON WHO VIOLATES §
9–11A–20 OF THIS SUBTITLE IN AN AMOUNT NOT EXCEED ING $1,000 PER DAY FOR
ALL VIOLATIONS CITED ON A SINGLE DA Y.
(B) IN SETTING THE AMOUNT OF THE CIVIL PENALTY , THE BOARD SHALL
CONSIDER:
(1) THE SERIOUSNESS OF TH E VIOLATION;
(2) THE HARM CAUSED BY TH E VIOLATION;
Ch. 419 2022 LAWS OF MARYLAND
– 16 –
(3) THE GOOD FAITH OF THE VIOLATOR;
(4) HISTORY OF PREVIOUS V IOLATIONS BY THE VIOLATOR ; AND
(5) OTHER RELEVANT FACTOR S.
(C) IF A VIOLATOR FAILS T O PAY A CIVIL PENALT Y WITHIN 30 DAYS OF ITS
IMPOSITION BY THE BOARD, THE MATTERS SHALL BE FORWARDED TO THE CENTRAL
COLLECTION UNIT IN THE DEPARTMENT OF BUDGET AND MANAGEMENT F OR THE
COLLECTION OF THE CI VIL PENALTY.
(D) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS
SECTION INTO THE ON–SITE WASTEWATER PROFESSIONALS FUND UNDER §
9–11A–11 OF THIS SUBTITLE.
9–11A–23.
(A) INSTEAD OF OR IN ADDI TION TO ANY OTHER PE NALTIES AUTHORIZED
UNDER THIS TITLE , THE BOARD MAY IMPOSE AN A DMINISTRATIVE PENALT Y ON A
PERSON WHO VIOLATES THIS SUBTITLE IN AN AMOUNT NOT EXCEEDING $1,000 PER
DAY FOR ALL VIOLATIO NS CITED ON A SINGLE DAY.
(B) IN SETTING THE AMOUNT OF THE ADMINISTRATIV E PENALTY, THE
BOARD SHALL CONSIDER :
(1) THE SERIOUSNESS OF TH E VIOLATION;
(2) THE HARM CAUSED BY TH E VIOLATION;
(3) THE GOOD FAITH OF THE VIOLATOR;
(4) ANY HISTORY OF PREVIO US VIOLATIONS BY THE VIOLATOR; AND
(5) ANY OTHER RELEVANT FA CTORS.
(C) IF A VIOLATOR FAILS T O PAY AN ADMINISTRAT IVE PENALTY WITHIN 90
DAYS AFTER THE IMPOS ITION OF THE ADMINIS TRATIVE PENALTY BY T HE BOARD,
THE MATTER SHALL BE FORWARDED TO THE CENTRAL COLLECTION UNIT IN THE
DEPARTMENT OF BUDGET AND MANAGEMENT FOR THE CO LLECTION OF THE
ADMINISTRATIVE PENAL TY.
(D) ANY PENALTIES COLLECT ED UNDER THIS SECTIO N SHALL BE PAID INTO
THE ON–SITE WASTEWATER PROFESSIONALS FUND ESTABLISHED UNDE R §
9–11A–11 OF THIS SUBTITLE. LAWRENCE J. HOGAN, JR., Governor Ch. 419
– 17 –
Article – State Finance and Procurement
6–226.
(a) (2) (i) Notwithstanding any other provision of law, and unless
inconsistent with a federal law, grant agreement, or other federal requirement or with the
terms of a gift or settlement agreement, net interest on all State money allocated by the
State Treasurer under this section to special funds or accounts, and otherwise entitled to
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General
Fund of the State.
(ii) The provisions of subparagraph (i) of this paragraph do not apply
to the following funds:
144. the Health Equity Resource Community Reserve Fund;
[and]
145. the Access to Counsel in Evictions Special Fund; AND
146. THE ON–SITE WASTEWATER PROFESSIONALS FUND.
Article – State Government
8–403.
This subtitle applies only to the following governmental activities and units:
(43) ON–SITE WASTEWATER PROFESSIONALS , STATE BOARD OF (§
9–11A–05 OF THE ENVIRONMENT ARTICLE);
SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
as follows:
Article – Environment
[9–217.2.
(a) In this section, “license holder” means an individual who holds a valid on–site
wastewater property transfer inspection license issued by the Department under this
section.
(b) This section does not apply to an individual who inspects an on–site sewage
disposal system as a part of the individual’s duties as an employee of the federal
government, the State, or any local government of the State.
Ch. 419 2022 LAWS OF MARYLAND
– 18 –
(c) On or after July 1, 2022, an individual may not engage in the business of
inspecting an on–site sewage disposal system unless the individual holds a valid on–site
wastewater property transfer inspection license issued by the Department.
(d) (1) On or before January 1, 2022, the Department shall adopt regulations
establishing eligibility criteria, minimum training standards for on–site wastewater
property transfer inspection licenses, the frequency with which licenses must be renewed,
and the fees for license applications and renewals.
(2) The regulations adopted under this subsection shall require that:
(i) The training include instruction on determining whether an
on–site sewage disposal system is:
1. In need of replacement or repair; and
2. Not in compliance with statutory or regulatory
requirements; and
(ii) Each inspection performed by a license holder follows the
inspection format provided by the Department.
(e) An applicant for a license under this section shall:
(1) Submit an application to the Department on the form the Department
provides; and
(2) Pay an application fee set by the Department.
(f) (1) An individual who violates a provision of this section or any regulation
adopted under this section is subject to an administrative penalty not exceeding $10,000.
(2) Each on–site sewage disposal system that an individual knowingly
inspects without a valid on–site wastewater property transfer inspection license constitutes
a separate violation of this section.
(3) Any administrative penalty collected by the Department under this
subsection shall be paid into the separate account within the Bay Restoration Fund
established under § 9–1605.2(h) of this title.
(g) A local government may establish additional requirements for inspections of
on–site sewage disposal systems.]
SECTION 2. 4. AND BE IT FURTHER ENACTED, That the State Board of On –Site
Wastewater Professionals shall be fully operational on or before June 1, 2023.
LAWRENCE J. HOGAN, JR., Governor Ch. 419
– 19 –
SECTION 3. 5. AND BE IT FURTHER ENACTED, That the terms of the initial
members of the State Board of On–Site Wastewater Professionals shall expire as follows:
(1) three members in 2025;
(2) three members in 2026; and
(3) three members in 2027.
SECTION 4. 6. AND BE IT FURTHER ENACTED, That, on or before July 1, 2025,
the Department of the Environment, in consultation with the State Board of On–Site
Wastewater Professionals, shall adopt regulations to implement Section 1 2 of this Act.
SECTION 5. 7. AND BE IT FURTHER ENACTED, That, on or before July 1, 2026,
all individuals who provide on–site wastewater services in the State shall be licensed by
the State Board of On–Site Wastewater Professionals.
SECTION 8. AND BE IT FURTHER ENACTED, That Section 3 of this Act shall take
effect June 30, 2025.
SECTION 6. 9. AND BE IT FURTHER ENACTED, That , except as provided in
Section 8 of this Act, this Act shall take effect July 1, 2022.
Approved by the Governor, May 16, 2022.