LAWRENCE J. HOGAN, JR., Governor Ch. 22
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Chapter 22
(House Bill 649)
AN ACT concerning
Environment – Discharge Permits – Inspections and Administrative
Continuations
FOR the purpose of limiting the period of time for which the Department of the
Environment may administratively continue certain water pollution discharge
permits; establishing inspection and reporting requirements for certain permit
holders; requiring the Department of the Environment to notify certain Senators and
Delegates about the noncompliance of a certain permit holder maintain on its website
a list of certain noncompliant permit holders and provide certain Senators and
Delegates with a link to the list; establishing administrative penalties for certain
permit holders determined to be in significant noncompliance of certain State or
federal water quality standards, effluent limitations, or other requirements;
requiring the Department to clear a certain backlog of administratively continued
permits on or before a certain date; and generally relating to water pollution
discharge permits.
BY repealing and reenacting, with without amendments,
Article – Environment
Section 9–328
Annotated Code of Maryland
(2014 Replacement Volume and 2021 Supplement)
BY adding to
Article – Environment
Section 9–328.1
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:
Article – Environment
9–328.
(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.
Ch. 22 2022 LAWS OF MARYLAND
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(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) (1) ON OR AFTER JULY 1, 2022, THE DEPARTMENT MAY NOT
ADMINISTRATIVELY CON TINUE A DISCHARGE PE RMIT FOR A PERIOD LO NGER THAN
3 YEARS.
(2) ON OR AFTER JANUARY 1, 2027, THE DEPARTMENT MAY NOT
ADMINISTRATIVELY CON TINUE A DISCHARGE PE RMIT FOR A PERIOD LO NGER THAN
1 YEAR.
(D) Administrative review proceedings under this section shall be completed at
least 60 days before the expiration date of the permit.
9–328.1.
(A) (1) IN THIS SECTION , “ADMINISTRATIVELY CON TINUED PERMIT ”
MEANS A DISCHARGE PE RMIT THAT HAS BEEN A DMINISTRATIVELY CONT INUED
UNDER DEPARTMENT REGULATION S IN ACCORDANCE WITH 40 C.F.R. § 122.6(D).
(2) “ADMINISTRATIVELY CONT INUED PERMIT” DOES NOT INCLUDE A
DISCHARGE PERMIT THA T HAS BEEN CONTINUED BEYOND ITS ORIGINAL
EXPIRATION DATE DUE TO AN ENFORCEMENT AC TION TAKEN DURING TH E PERMIT
TERM.
(B) (1) TO ENSURE COMPLIANCE WITH THE TERMS OF A DISCHARGE
PERMIT, AT LEAST ONCE PER MO NTH THE DEPARTMENT SHALL INSPECT THE
OPERATIONS OF: CONDUCT INSPECTIONS IN ACCORDANCE WITH T HIS SUBSECTION .
LAWRENCE J. HOGAN, JR., Governor Ch. 22
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(1) EACH PERMIT HOLDER OP ERATING UNDER AN
ADMINISTRATIVELY CON TINUED PERMIT ; AND
(2) EACH PERMIT HOLDER TH AT THE DEPARTMENT HAS
DETERMINED TO BE IN SIGNIFICANT NONCOMPL IANCE OF AN APPLICAB LE STATE
OR FEDERAL WATER QUA LITY STANDARD , EFFLUENT LIMITATION , OR OTHER
APPLICABLE REQUIREME NT OF THE DEPARTMENT OR THE U.S. ENVIRONMENTAL
PROTECTION AGENCY.
(2) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
PARAGRAPH , AND SUBJECT TO PARAG RAPH (4) OF THIS SUBSECTION , BEGINNING
JULY 1, 2022, AT LEAST ONCE PER MO NTH THE DEPARTMENT SHALL INSP ECT EACH
FACILITY OR SITE THA T THE DEPARTMENT OR THE U.S. ENVIRONMENTAL
PROTECTION AGENCY HAS DETERMINED TO BE IN SIGNIFICANT NONCOMPLIANCE
WITH AN APPLICABLE STATE OR FEDERAL WATE R 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 NONCOMPL IANCE SOLELY DUE TO THE FAILURE TO REPOR T ANY
REQUIRED INFORMATION TO THE DEPARTMENT OR THE U.S. ENVIRONMENTAL
PROTECTION AGENCY, THE DEPARTMENT MAY :
1. DELAY INSPECTIONS UND ER SUBPARAGRAPH (I) OF
THIS PARAGRAPH BY 1 MONTH WHILE THE DEPARTMENT REVIEWS TH E
COMPLIANCE STATUS OF THE FACILITY OR SITE THROUGH CORRESPONDEN CE WITH
THE OWNER OR OPERATO R OF THE FACILITY OR SITE OR OTHER APPROP RIATE
METHODS; AND
2. BEGIN MONTHLY INSPECT IONS IN ACCO RDANCE
WITH SUBPARAGRAPH (I) OF THIS PARAGRAPH IF , AFTER THE PERIOD SPE CIFIED IN
ITEM 1 OF THIS SUBPARAGRAPH , THE OWNER OR OPERATO R OF THE FACILITY OR
SITE HAS NOT PROVIDE D THE INFORMATION NE CESSARY FOR THE DEPARTMENT TO
DETERMINE THE COMPLI ANCE STATUS OF THE FACILITY OR SITE .
(3) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
PARAGRAPH AND SUBJEC T TO PARAGRAPH (4) OF THIS SUBSECTION , BEGINNING
JULY 1, 2023, AT LEAST ONCE EVERY 90 DAYS, THE DEPARTMENT SHALL INSP ECT
EACH FACILITY OR SIT E THAT HAS BEEN OPERATING UNDER AN ADMINISTRATIVELY
CONTINUED PERMIT FOR LONGER THAN 365 DAYS.
(II) THE DEPARTMENT IS NOT REQ UIRED TO INSPECT THE
OPERATIONS OF A FACI LITY OR SITE OPERATI NG A GENERAL PERMIT THAT HAS Ch. 22 2022 LAWS OF MARYLAND
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BEEN ADMINISTRATIVEL Y CONTINUED , UNLESS THE DEPARTMENT OR THE U.S.
ENVIRONMENTAL PROTECTION AGENCY HAS DETERMINED THE FACILITY OR SITE
TO BE IN SIGNIFICANT NONCOMPLIANCE AS SPE CIFIED UNDER PARAGRA PH (2) OF
THIS SUBSECTION .
(4) INSPECTIONS REQUIRED UNDER THIS SUBSECTIO N MAY BE
CONDUCTED BY MEANS O THER THAN AN IN–PERSON INSPECTION OF THE FACILITY
OR SITE IF THE PRESE NCE OF THE INSPECTOR WOULD RESULT IN AN
UNREASONABLE RISK TO HEALTH, SAFETY, OR WELFARE.
(C) (1) THIS SUBSECTION APPLI ES TO A PERMIT HOLDE R THAT:
(I) IS IS DETERMINED BY THE DEPARTME NT OR THE U.S.
ENVIRONMENTAL PROTECTION AGENCY TO BE IN SIGNIFICANT NONCOMPLIANCE
OF AN APPLICABLE STATE OR FEDERAL WATE R 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;
(II) REPORTS EXCEEDING EFF LUENT LIMITATIONS FO R TWO OR
MORE PARAMETERS REQU IRED TO BE MONITORED UNDER THE DISCHARGE PERMIT;
OR
(III) REPORTS EXCEEDING , BY 200% OR MORE, EFFLUENT
LIMITATIONS FOR ANY SINGLE PARAMETER REQUIRED TO BE MONIT ORED UNDER
THE DISCHARGE PERMIT .
(2) THE DEPARTMENT SHALL REQU IRE A PERMIT HOLDER
SPECIFIED UNDER PARA GRAPH (1) OF THIS SUBSECTION T O SUBMIT A WRITTEN
REPORT TO THE DEPARTMENT DETAILING :
(I) HOW VIOLATIONS REPORT ED BY THE PERMIT HOLDER OR
NOTED BY THE DEPARTMENT WILL BE AD DRESSED; AND
(II) THE TIMELINE FOR ADDR ESSING THE VIOLATION S.
(3) THE DEPARTMENT SHALL NOTI FY THE SENATOR AND DELEGATE
REPRESENTING THE JUR ISDICTION IN WHICH A PERMIT HOLDER IS IN SIGNIFICANT
NONCOMPLIANCE UNDER PARAGRAPH (1) OF THIS SUBSECTION A BOUT THE
NONCOMPLIANCE BY E –MAIL AND CERTIFIED M AIL.
(3) (I) THE DEPARTMENT SHALL MAIN TAIN ON ITS WEBSITE A LIST
OF PERMIT HOLDERS DE TERMINED TO BE IN SI GNIFICANT NONCOMPLIA NCE UNDER
PARAGRAPH (1) OF THIS SUBSECTION . LAWRENCE J. HOGAN, JR., Governor Ch. 22
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(II) THE LIST SHALL BE SOR TED BY COUNTY .
(III) THE DEPARTMENT SHALL PROV IDE EACH SENATOR AND
DELEGATE A LINK TO TH E LIST BY MONTHLY E –MAIL.
(D) (1) IF A PERMIT HOLDER RE MAINS IN SIGNIFICANT NONCOMPLIANCE
FOR THE SAME UNDERLY ING CONDITION AFTER 2 CONSECUTIVE MONTHS O F
INSPECTIONS CONDUCTE D UNDER SUBSECTION (B)(2) (B) OF THIS SECTION , THE
PERMIT HOLDER SHALL BE SUBJECT TO AN ADM INISTRATIVE PENALTY OF:
(I) FOR A PERMIT HOLDER CLASSIFIED BY THE DEPARTMENT
AS A MINOR FACILITY FOR A FACILITY THAT DISC HARGES LESS THAN 500,000
GALLONS PER DAY :
1. $250 WHEN THE CONDITION I S OBSERVED ON THE
THIRD CONSECUTIVE IN SPECTION;
2. $500 WHEN THE CONDITION I S OBSERVED ON THE
FOURTH CONSECUTIVE I NSPECTION; AND
3. $2,500 WHEN THE C ONDITION IS OBSERVED ON THE
FIFTH CONSECUTIVE IN SPECTION OR ANY SUBS EQUENT CONSECUTIVE I NSPECTION;
AND
(II) FOR A PERMIT HOLDER CLASSIFIED BY THE DEPARTMENT
AS A MAJOR FACILITY FOR A FACILITY THAT DISCHARGES 500,000 GALLONS OR
MORE PER DAY :
1. $1,000 WHEN THE CONDITION I S OBSERVED ON THE
THIRD CONSECUTIVE IN SPECTION;
2. $5,000 WHEN THE CONDITION I S OBSERVED ON THE
FOURTH CONSECUTIVE I NSPECTION; AND
3. $10,000 WHEN THE CONDITION I S OBSERVED ON THE
FIFTH CONSECUTIVE IN SPECTION OR ANY SU BSEQUENT CONSECUTIVE INSPECTION.
(2) THE PENALTIES PROVIDE D UNDER THIS SUBSECT ION ARE IN
ADDITION TO ANY OTHE R CIVIL OR CRIMINAL PENALTIES PROVIDED U NDER THIS
SUBTITLE.
SECTION 2. AND BE IT FURTHER ENACTED, That:
Ch. 22 2022 LAWS OF MARYLAND
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(a) In this section, “Department” means the Department of the Environment.
(b) Subject to subsection (c) of this section, this Act shall be interpreted to apply
only prospectively to discharge permits issued, renewed, or administratively continued on
or after the effective date of this Act.
(c) On or before December 31, 2026, the Department shall clear the backlog of
administratively continued discharge permits existing on the effective date of this Act.
(d) (c) (1) On or before December 31, 2023 October 1, 2022, the Department shall
report to the Governor and, in accordance with § 2–1257 of the State Government Article,
the General Assembly on the number of additional employees necessary to:
(i) clear the backlog of administratively continued discharge
permits, as required by subsection (c) (b) of this section; and
(ii) process discharge permit renewals in a timely manner, as
required by § 9–328(c) of the Environment Article, as enacted by Section 1 of this Act.
(2) The Department shall request:
(i) on or before December 31, 2024 2022, Position Identification
Numbers (PINs) for at least half of the additional employees identified in the report
required under paragraph (1) of this subsection; and
(ii) on or before December 31, 2025 2023, PINs for the full number
of additional employees identified in the report required under paragraph (1) of this
subsection.
(e) (d) On or before December 31, 2025, and each year thereafter, the Department
shall report to the Governor and, in accordance with § 2–1257 of the State Government
Article, the General Assembly on the progress toward meeting the requirements of this
section:
(1) the number of facilities or sites subject to discharge permits that were
administratively continued or expired at the end of the prior fiscal year, by census tract;
and
(2) the number of additional positions for the subsequent fiscal year that
the Department needs to ensure that any discharge permits that have been continued or
expired for more than 365 days are renewed in a timely manner.
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2022.
Enacted under Article II, § 17(b) of the Maryland Constitution, April 9, 2022.