EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
Italics indicate opposite chamber/conference committee amendments.
*hb0649*
HOUSE BILL 649
M3 (2lr1564)
ENROLLED BILL
— Environment and Transportation/Education, Health, and Environmental Affairs —
Introduced by Delegates Love, Boyce, Guyton, Lehman, Ruth, Stein, and Stewart
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Gover nor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
Speaker.
CHAPTER ______
AN ACT concerning 1
Environment – Discharge Permits – Inspections and Administrative 2
Continuations 3
FOR the purpose of limiting the period of time for which the Department of the 4
Environment may administratively continue certain water pollution discharge 5
permits; establishing inspection and reporting requirements for certain permit 6
holders; requiring the Department of the Environment to notify certain Senators and 7
Delegates about the noncompliance of a certain permit holder maintain on its website 8
a list of certain noncompliant permit holders and provide certain Senators and 9
Delegates with a link to the list; establishing administrative penalties for certain 10
permit holders determined to be in significant noncompliance of certain State or 11
federal water quality standards, effluent limitations, or other requirements; 12
requiring the Department to clear a certain backlog of administratively continued 13
permits on or before a certain date; and generally relating to water pollution 14
discharge permits. 15 2 HOUSE BILL 649
BY repealing and reenacting, with without amendments, 1
Article – Environment 2
Section 9–328 3
Annotated Code of Maryland 4
(2014 Replacement Volume and 2021 Supplement) 5
BY adding to 6
Article – Environment 7
Section 9–328.1 8
Annotated Code of Maryland 9
(2014 Replacement Volume and 2021 Supplement) 10
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
That the Laws of Maryland read as follows: 12
Article – Environment 13
9–328. 14
(a) (1) Unless it is renewed for another term, a discharge permit expires on 15
the expiration date the Department sets at issuance or renewal. 16
(2) The Department may not issue a discharge permit for a term longer 17
than 5 years. 18
(b) Before a discharge permit expires, the Department may renew the discharge 19
permit for another term: 20
(1) After administrative review in accordance with the rules and 21
regulations that the Department adopts; 22
(2) After notice and opportunity for public hearing on the subject; 23
(3) On the condition that the discharge meets or will meet: 24
(i) Any applicable State or federal water quality standards or 25
effluent limitations; and 26
(ii) Any applicable requirement of this subtitle; and 27
(4) If the permit holder pays all application and permit fees assessed by the 28
Department under this subtitle. 29
HOUSE BILL 649 3
(c) (1) ON OR AFTER JULY 1, 2022, THE DEPARTMENT MAY NOT 1
ADMINISTRATIVELY CON TINUE A DISCHARGE PE RMIT FOR A PERIOD LO NGER THAN 2
3 YEARS. 3
(2) ON OR AFTER JANUARY 1, 2027, THE DEPARTMENT MAY NOT 4
ADMINISTRATIVELY CON TINUE A DISCHARGE PE RMIT FOR A PERIOD LO NGER THAN 5
1 YEAR. 6
(D) Administrative review proceedings under this section shall be completed at 7
least 60 days before the expiration date of the permit. 8
9–328.1. 9
(A) (1) IN THIS SECTION , “ADMINISTRATIVELY CON TINUED PERMIT ” 10
MEANS A DISCHARGE PE RMIT THAT HAS BEEN A DMINISTRAT IVELY CONTINUED 11
UNDER DEPARTMENT REGULATION S IN ACCORDANCE WITH 40 C.F.R. § 122.6(D). 12
(2) “ADMINISTRATIVELY CONT INUED PERMIT” DOES NOT INCLUDE A 13
DISCHARGE PERMIT THA T HAS BEEN CONTINUED BEYOND ITS ORIGINAL 14
EXPIRATION DATE DUE TO AN ENFORCEMENT AC TION TAKEN DURING THE PERM IT 15
TERM. 16
(B) (1) TO ENSURE COMPLIANCE WITH THE TERMS OF A DISCHARGE 17
PERMIT, AT LEAST ONCE PER MO NTH THE DEPARTMENT SHALL INSPECT THE 18
OPERATIONS OF: CONDUCT INSPECTIONS IN ACCORDANCE WITH T HIS SUBSECTION . 19
(1) EACH PERMIT HOLDER OPERATING UNDER AN 20
ADMINISTRATIVELY CON TINUED PERMIT ; AND 21
(2) EACH PERMIT HOLDER TH AT THE DEPARTMENT HAS 22
DETERMINED TO BE IN SIGNIFICANT NONCOMPL IANCE OF AN APPLICAB LE STATE 23
OR FEDERAL WATER QUA LITY STANDARD , EFFLUENT LIMITATION , OR OTHER 24
APPLICABLE RE QUIREMENT OF THE DEPARTMENT OR THE U.S. ENVIRONMENTAL 25
PROTECTION AGENCY. 26
(2) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 27
PARAGRAPH , AND SUBJECT TO PARAG RAPH (4) OF THIS SUBSECTION , BEGINNING 28
JULY 1, 2022, AT LEAST ONCE PER MO NTH THE DEPARTMENT SHALL INSPECT EACH 29
FACILITY OR SITE THA T THE DEPARTMENT OR THE U.S. ENVIRONMENTAL 30
PROTECTION AGENCY HAS DETERMINED TO BE IN SIGNIFICANT NONCOMPLIANCE 31
WITH AN APPLICABLE STATE OR FEDERAL WATE R QUALITY STANDARD , EFFLUENT 32
LIMITATION, OR OTHER APPLICABLE REQUIREMENT OF THE DEPARTMENT OR THE 33
U.S. ENVIRONMENTAL PROTECTION AGENCY. 34
4 HOUSE BILL 649
(II) IF A FACILITY OR SITE IS DETERMINED TO BE IN 1
SIGNIFICANT NONCOMPL IANCE SOLELY DUE TO THE FAILURE TO REPOR T ANY 2
REQUIRED INFORMATION TO THE DEPARTMENT OR THE U.S. ENVIRONMENTAL 3
PROTECTION AGENCY, THE DEPARTMENT MAY : 4
1. DELAY INSPECTIONS UND ER SUBPARAGRAPH (I) OF 5
THIS PARAGRAPH BY 1 MONTH WHILE THE DEPARTMENT REVIEWS TH E 6
COMPLIANCE STATUS OF THE FACILITY OR SITE THROUGH CORRESPONDEN CE WITH 7
THE OWNER OR OPERATO R OF THE FACILIT Y OR SITE OR OTHER A PPROPRIATE 8
METHODS; AND 9
2. BEGIN MONTHLY INSPECT IONS IN ACCORDANCE 10
WITH SUBPARAGRAPH (I) OF THIS PARAGRAPH IF , AFTER THE PERIOD SPE CIFIED IN 11
ITEM 1 OF THIS SUBPARAGRAPH , THE OWNER OR OPERATO R OF THE FACILITY OR 12
SITE HAS NOT PROVIDE D THE INFORMATION NE CESSARY FOR THE DEPARTMENT TO 13
DETERMINE THE COMPLI ANCE STATUS OF THE F ACILITY OR SITE. 14
(3) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 15
PARAGRAPH AND SUBJEC T TO PARAGRAPH (4) OF THIS SUBSECTION , BEGINNING 16
JULY 1, 2023, AT LEAST ONCE EVERY 90 DAYS, THE DEPARTMENT SHALL INSP ECT 17
EACH FACILITY OR SIT E THAT HAS BEEN OPER ATING UNDER AN ADMIN ISTRATIVELY 18
CONTINUED PERMIT FOR LONGER THAN 365 DAYS. 19
(II) THE DEPARTMENT IS NOT REQ UIRED TO INSPECT THE 20
OPERATIONS OF A FACI LITY OR SITE OPERATING A GENERA L PERMIT THAT HAS 21
BEEN ADMINISTRATIVEL Y CONTINUED , UNLESS THE DEPARTMENT OR THE U.S. 22
ENVIRONMENTAL PROTECTION AGENCY HAS DETERMINED THE FACILITY OR SITE 23
TO BE IN SIGNIFICANT NONCOMPLIANCE AS SPE CIFIED UNDER PARAGRA PH (2) OF 24
THIS SUBSECT ION. 25
(4) INSPECTIONS REQUIRED UNDER THIS SUBSECTIO N MAY BE 26
CONDUCTED BY MEANS O THER THAN AN IN –PERSON INSPECTION OF THE FACILITY 27
OR SITE IF THE PRESE NCE OF THE INSPECTOR WOULD RESULT IN AN 28
UNREASONABLE RISK TO HEALTH, SAFETY, OR WELFARE. 29
(C) (1) THIS SUBSECTION APPLI ES TO A PERMIT HOLDE R THAT: 30
(I) IS IS DETERMINED BY THE DEPARTMENT OR THE U.S. 31
ENVIRONMENTAL PROTECTION AGENCY TO BE IN SIGNIFICANT NONCOMPLIANCE 32
OF AN APPLICABLE STATE OR FEDERAL WATE R QUALITY STANDARD , EFFLUENT 33
LIMITATION, OR OTHER APPLICABLE REQ UIREMENT OF THE DEPARTMENT OR THE 34
U.S. ENVIRONMENTAL PROTECTION AGENCY TWO OR MORE TI MES IN A YEAR; 35
HOUSE BILL 649 5
(II) REPORTS EXCEEDING EFF LUENT LIMITATIONS FO R TWO OR 1
MORE PARAMETERS REQU IRED TO BE MONITORED UNDER THE DISCHARGE PERMIT; 2
OR 3
(III) REPORTS EXCEEDING , BY 200% OR MORE, EFFLUENT 4
LIMITATIONS FOR ANY SINGLE PARAMETER REQ UIRED TO BE MONITORE D UNDER 5
THE DISCHARGE PERMIT . 6
(2) THE DEPARTMENT SHALL REQU IRE A PERMIT HOLDER 7
SPECIFIED UNDER PARA GRAPH (1) OF THIS SUBSECTION T O SUBMIT A WR ITTEN 8
REPORT TO THE DEPARTMENT DETAILING : 9
(I) HOW VIOLATIONS REPORT ED BY THE PERMIT HOL DER OR 10
NOTED BY THE DEPARTMENT WILL BE AD DRESSED; AND 11
(II) THE TIMELINE FOR ADDR ESSING THE VIOLATION S. 12
(3) THE DEPARTMENT SHALL NOTI FY THE SENATOR AND DELEGATE 13
REPRESENTING THE JUR ISDICTION IN WHICH A PERMIT HOLDER IS IN SIGNIFICANT 14
NONCOMPLIANCE UNDER PARAGRAPH (1) OF THIS SUBSECTION A BOUT THE 15
NONCOMPLIANCE BY E –MAIL AND CERTIFIED M AIL. 16
(3) (I) THE DEPARTMENT SHALL MAIN TAIN ON ITS WEBSITE A LIST 17
OF PERMIT HOLDERS DETER MINED TO BE IN SIGNI FICANT NONCOMPLIANCE UNDER 18
PARAGRAPH (1) OF THIS SUBSECTION . 19
(II) THE LIST SHALL BE SOR TED BY COUNTY . 20
(III) THE DEPARTMENT SHALL PROV IDE EACH SENATOR AND 21
DELEGATE A LINK TO TH E LIST BY MONTHLY E –MAIL. 22
(D) (1) IF A PERMIT HOLDER RE MAINS IN SIGNIFICANT NONCOMPLIANCE 23
FOR THE SAME UNDERLY ING CONDITION AFTER 2 CONSECUTIVE MONTHS O F 24
INSPECTIONS CONDUCTE D UNDER SUBSECTION (B)(2) (B) OF THIS SECTION , THE 25
PERMIT HOLDER SHALL BE SUBJECT TO AN ADM INISTRATIVE PENALTY OF: 26
(I) FOR A PERMIT HOLDER CLASSIFIED BY THE DEPARTMENT 27
AS A MINOR FACILITY FOR A FACILITY THAT DISCHARGES LESS THAN 500,000 28
GALLONS PER DAY : 29
1. $250 WHEN THE CONDITION I S OBSERVED ON THE 30
THIRD CONSECUTIVE IN SPECTION; 31
6 HOUSE BILL 649
2. $500 WHEN THE CONDITION I S OBSERVED ON THE 1
FOURTH CONSECUTIVE I NSPECTION; AND 2
3. $2,500 WHEN THE CONDITION I S OBSERVED ON THE 3
FIFTH CONSECUTIVE IN SPECTION OR ANY SUBS EQUENT CONSECUTIVE I NSPECTION; 4
AND 5
(II) FOR A PERMIT HOLDER CLASSIFIED BY THE DEPARTMENT 6
AS A MAJOR FACILITY FOR A FACILITY THAT DISCHARGES 500,000 GALLONS OR 7
MORE PER DAY : 8
1. $1,000 WHEN THE CONDITION I S OBSERVED ON THE 9
THIRD CONSECUTIVE IN SPECTION; 10
2. $5,000 WHEN THE CONDITION I S OBSERVED ON THE 11
FOURTH CONSECUTIVE I NSPECTION; AND 12
3. $10,000 WHEN THE CONDITION I S OBSERVED ON THE 13
FIFTH CONSECUTIVE IN SPECTION OR ANY SUBS EQUENT CONSECUTIVE I NSPECTION. 14
(2) THE PENALTIES PROVIDE D UNDER THIS SUBSECT ION ARE IN 15
ADDITION TO ANY OTHE R CIVIL OR CRIMINAL PENALTIES PROVIDED U NDER THIS 16
SUBTITLE. 17
SECTION 2. AND BE IT FURTHER ENACTED, That: 18
(a) In this section, “Department” means the Department of the Environment. 19
(b) Subject to subsection (c) of this section, this Act shall be interpreted to apply 20
only prospectively to discharge permits issued, renewed, or administratively continued on 21
or after the effective date of this Act. 22
(c) On or before December 31, 2026, the Department shall clear the backlog of 23
administratively continued discharge permits existing on the effective date of this Act. 24
(d) (c) (1) On or before December 31, 2023 October 1, 2022, the Department shall 25
report to the Governor and, in accordance with § 2–1257 of the State Government Article, 26
the General Assembly on the number of additional employees necessary to: 27
(i) clear the backlog of administratively continued discharge 28
permits, as required by subsection (c) (b) of this section; and 29
(ii) process discharge permit renewals in a timely manner, as 30
required by § 9–328(c) of the Environment Article, as enacted by Section 1 of this Act. 31
HOUSE BILL 649 7
(2) The Department shall request: 1
(i) on or before December 31, 2024 2022, Position Identification 2
Numbers (PINs) for at least half of the additional employees identified in the report 3
required under paragraph (1) of this subsection; and 4
(ii) on or before December 31, 2025 2023, PINs for the full number 5
of additional employees identified in the report required under paragraph (1) of this 6
subsection. 7
(e) (d) On or before December 31, 2025, and each year thereafter, the Department 8
shall report to the Governor and, in accordance with § 2–1257 of the State Government 9
Article, the General Assembly on the progress toward meeting the requirements of this 10
section: 11
(1) the number of facilities or sites subject to discharge permits that were 12
administratively continued or expired at the end of the prior fiscal year, by census tract; 13
and 14
(2) the number of additional positions for the subsequent fiscal year that 15
the Department needs to ensure that any discharge permits that have been continued or 16
expired for more than 365 days are renewed in a timely manner. 17
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 18
1, 2022. 19
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.