MD
Maryland House Bill HB649

Maryland 2022 Regular Session

Maryland House Bill HB649 Compare Versions

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1- LAWRENCE J. HOGAN, JR., Governor Ch. 22
21
3-– 1 –
4-Chapter 22
5-(House Bill 649)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ Italics indicate opposite chamber/conference committee amendments.
9+ *hb0649*
810
9-Environment – Discharge Permits – Inspections and Administrative
10-Continuations
11+HOUSE BILL 649
12+M3 (2lr1564)
13+ENROLLED BILL
14+— Environment and Transportation/Education, Health, and Environmental Affairs —
15+Introduced by Delegates Love, Boyce, Guyton, Lehman, Ruth, Stein, and Stewart
1116
12-FOR the purpose of limiting the period of time for which the Department of the
13-Environment may administratively continue certain water pollution discharge
14-permits; establishing inspection and reporting requirements for certain permit
15-holders; requiring the Department of the Environment to notify certain Senators and
16-Delegates about the noncompliance of a certain permit holder maintain on its website
17-a list of certain noncompliant permit holders and provide certain Senators and
18-Delegates with a link to the list; establishing administrative penalties for certain
19-permit holders determined to be in significant noncompliance of certain State or
20-federal water quality standards, effluent limitations, or other requirements;
21-requiring the Department to clear a certain backlog of administratively continued
22-permits on or before a certain date; and generally relating to water pollution
23-discharge permits.
17+Read and Examined by Proofreaders:
2418
25-BY repealing and reenacting, with without amendments,
26- Article – Environment
27-Section 9–328
28- Annotated Code of Maryland
29- (2014 Replacement Volume and 2021 Supplement)
19+_______________________________________________
20+Proofreader.
21+_______________________________________________
22+Proofreader.
3023
31-BY adding to
32- Article – Environment
33-Section 9–328.1
34- Annotated Code of Maryland
35- (2014 Replacement Volume and 2021 Supplement)
24+Sealed with the Great Seal and presented to the Gover nor, for his approval this
3625
37- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
38-That the Laws of Maryland read as follows:
26+_______ day of _______________ at ________________________ o’clock, ________M.
3927
40-Article – Environment
28+______________________________________________
29+Speaker.
4130
42-9–328.
31+CHAPTER ______
4332
44- (a) (1) Unless it is renewed for another term, a discharge permit expires on
45-the expiration date the Department sets at issuance or renewal.
33+AN ACT concerning 1
4634
47- (2) The Department may not issue a discharge permit for a term longer
48-than 5 years.
49- Ch. 22 2022 LAWS OF MARYLAND
35+Environment – Discharge Permits – Inspections and Administrative 2
36+Continuations 3
5037
51-– 2 –
52- (b) Before a discharge permit expires, the Department may renew the discharge
53-permit for another term:
38+FOR the purpose of limiting the period of time for which the Department of the 4
39+Environment may administratively continue certain water pollution discharge 5
40+permits; establishing inspection and reporting requirements for certain permit 6
41+holders; requiring the Department of the Environment to notify certain Senators and 7
42+Delegates about the noncompliance of a certain permit holder maintain on its website 8
43+a list of certain noncompliant permit holders and provide certain Senators and 9
44+Delegates with a link to the list; establishing administrative penalties for certain 10
45+permit holders determined to be in significant noncompliance of certain State or 11
46+federal water quality standards, effluent limitations, or other requirements; 12
47+requiring the Department to clear a certain backlog of administratively continued 13
48+permits on or before a certain date; and generally relating to water pollution 14
49+discharge permits. 15 2 HOUSE BILL 649
5450
55- (1) After administrative review in accordance with the rules and
56-regulations that the Department adopts;
5751
58- (2) After notice and opportunity for public hearing on the subject;
5952
60- (3) On the condition that the discharge meets or will meet:
53+BY repealing and reenacting, with without amendments, 1
54+ Article – Environment 2
55+Section 9–328 3
56+ Annotated Code of Maryland 4
57+ (2014 Replacement Volume and 2021 Supplement) 5
6158
62- (i) Any applicable State or federal water quality standards or
63-effluent limitations; and
59+BY adding to 6
60+ Article – Environment 7
61+Section 9–328.1 8
62+ Annotated Code of Maryland 9
63+ (2014 Replacement Volume and 2021 Supplement) 10
6464
65- (ii) Any applicable requirement of this subtitle; and
65+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
66+That the Laws of Maryland read as follows: 12
6667
67- (4) If the permit holder pays all application and permit fees assessed by the
68-Department under this subtitle.
68+Article – Environment 13
6969
70- (c) (1) ON OR AFTER JULY 1, 2022, THE DEPARTMENT MAY NOT
71-ADMINISTRATIVELY CON TINUE A DISCHARGE PE RMIT FOR A PERIOD LO NGER THAN
72-3 YEARS.
70+9–328. 14
7371
74- (2) ON OR AFTER JANUARY 1, 2027, THE DEPARTMENT MAY NOT
75-ADMINISTRATIVELY CON TINUE A DISCHARGE PE RMIT FOR A PERIOD LO NGER THAN
76-1 YEAR.
72+ (a) (1) Unless it is renewed for another term, a discharge permit expires on 15
73+the expiration date the Department sets at issuance or renewal. 16
7774
78- (D) Administrative review proceedings under this section shall be completed at
79-least 60 days before the expiration date of the permit.
75+ (2) The Department may not issue a discharge permit for a term longer 17
76+than 5 years. 18
8077
81-9–328.1.
78+ (b) Before a discharge permit expires, the Department may renew the discharge 19
79+permit for another term: 20
8280
83- (A) (1) IN THIS SECTION , “ADMINISTRATIVELY CON TINUED PERMIT ”
84-MEANS A DISCHARGE PE RMIT THAT HAS BEEN A DMINISTRATIVELY CONT INUED
85-UNDER DEPARTMENT REGULATION S IN ACCORDANCE WITH 40 C.F.R. § 122.6(D).
81+ (1) After administrative review in accordance with the rules and 21
82+regulations that the Department adopts; 22
8683
87- (2) “ADMINISTRATIVELY CONT INUED PERMIT” DOES NOT INCLUDE A
88-DISCHARGE PERMIT THA T HAS BEEN CONTINUED BEYOND ITS ORIGINAL
89-EXPIRATION DATE DUE TO AN ENFORCEMENT AC TION TAKEN DURING TH E PERMIT
90-TERM.
84+ (2) After notice and opportunity for public hearing on the subject; 23
9185
92- (B) (1) TO ENSURE COMPLIANCE WITH THE TERMS OF A DISCHARGE
93-PERMIT, AT LEAST ONCE PER MO NTH THE DEPARTMENT SHALL INSPECT THE
94-OPERATIONS OF: CONDUCT INSPECTIONS IN ACCORDANCE WITH T HIS SUBSECTION .
95- LAWRENCE J. HOGAN, JR., Governor Ch. 22
86+ (3) On the condition that the discharge meets or will meet: 24
9687
97-– 3 –
98- (1) EACH PERMIT HOLDER OP ERATING UNDER AN
99-ADMINISTRATIVELY CON TINUED PERMIT ; AND
88+ (i) Any applicable State or federal water quality standards or 25
89+effluent limitations; and 26
10090
101- (2) EACH PERMIT HOLDER TH AT THE DEPARTMENT HAS
102-DETERMINED TO BE IN SIGNIFICANT NONCOMPL IANCE OF AN APPLICAB LE STATE
103-OR FEDERAL WATER QUA LITY STANDARD , EFFLUENT LIMITATION , OR OTHER
104-APPLICABLE REQUIREME NT OF THE DEPARTMENT OR THE U.S. ENVIRONMENTAL
105-PROTECTION AGENCY.
91+ (ii) Any applicable requirement of this subtitle; and 27
10692
107- (2) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
108-PARAGRAPH , AND SUBJECT TO PARAG RAPH (4) OF THIS SUBSECTION , BEGINNING
109-JULY 1, 2022, AT LEAST ONCE PER MO NTH THE DEPARTMENT SHALL INSP ECT EACH
110-FACILITY OR SITE THA T THE DEPARTMENT OR THE U.S. ENVIRONMENTAL
111-PROTECTION AGENCY HAS DETERMINED TO BE IN SIGNIFICANT NONCOMPLIANCE
112-WITH AN APPLICABLE STATE OR FEDERAL WATE R QUALITY STANDARD , EFFLUENT
113-LIMITATION, OR OTHER APPLICABLE REQUIREMENT OF THE DEPARTMENT OR THE
114-U.S. ENVIRONMENTAL PROTECTION AGENCY.
93+ (4) If the permit holder pays all application and permit fees assessed by the 28
94+Department under this subtitle. 29
95+ HOUSE BILL 649 3
11596
116- (II) IF A FACILITY OR SITE IS DETERMINED TO BE IN
117-SIGNIFICANT NONCOMPL IANCE SOLELY DUE TO THE FAILURE TO REPOR T ANY
118-REQUIRED INFORMATION TO THE DEPARTMENT OR THE U.S. ENVIRONMENTAL
119-PROTECTION AGENCY, THE DEPARTMENT MAY :
12097
121- 1. DELAY INSPECTIONS UND ER SUBPARAGRAPH (I) OF
122-THIS PARAGRAPH BY 1 MONTH WHILE THE DEPARTMENT REVIEWS TH E
123-COMPLIANCE STATUS OF THE FACILITY OR SITE THROUGH CORRESPONDEN CE WITH
124-THE OWNER OR OPERATO R OF THE FACILITY OR SITE OR OTHER APPROP RIATE
125-METHODS; AND
98+ (c) (1) ON OR AFTER JULY 1, 2022, THE DEPARTMENT MAY NOT 1
99+ADMINISTRATIVELY CON TINUE A DISCHARGE PE RMIT FOR A PERIOD LO NGER THAN 2
100+3 YEARS. 3
126101
127- 2. BEGIN MONTHLY INSPECT IONS IN ACCO RDANCE
128-WITH SUBPARAGRAPH (I) OF THIS PARAGRAPH IF , AFTER THE PERIOD SPE CIFIED IN
129-ITEM 1 OF THIS SUBPARAGRAPH , THE OWNER OR OPERATO R OF THE FACILITY OR
130-SITE HAS NOT PROVIDE D THE INFORMATION NE CESSARY FOR THE DEPARTMENT TO
131-DETERMINE THE COMPLI ANCE STATUS OF THE FACILITY OR SITE .
102+ (2) ON OR AFTER JANUARY 1, 2027, THE DEPARTMENT MAY NOT 4
103+ADMINISTRATIVELY CON TINUE A DISCHARGE PE RMIT FOR A PERIOD LO NGER THAN 5
104+1 YEAR. 6
132105
133- (3) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
134-PARAGRAPH AND SUBJEC T TO PARAGRAPH (4) OF THIS SUBSECTION , BEGINNING
135-JULY 1, 2023, AT LEAST ONCE EVERY 90 DAYS, THE DEPARTMENT SHALL INSP ECT
136-EACH FACILITY OR SIT E THAT HAS BEEN OPERATING UNDER AN ADMINISTRATIVELY
137-CONTINUED PERMIT FOR LONGER THAN 365 DAYS.
106+ (D) Administrative review proceedings under this section shall be completed at 7
107+least 60 days before the expiration date of the permit. 8
138108
139- (II) THE DEPARTMENT IS NOT REQ UIRED TO INSPECT THE
140-OPERATIONS OF A FACI LITY OR SITE OPERATI NG A GENERAL PERMIT THAT HAS Ch. 22 2022 LAWS OF MARYLAND
109+9–328.1. 9
141110
142-– 4 –
143-BEEN ADMINISTRATIVEL Y CONTINUED , UNLESS THE DEPARTMENT OR THE U.S.
144-ENVIRONMENTAL PROTECTION AGENCY HAS DETERMINED THE FACILITY OR SITE
145-TO BE IN SIGNIFICANT NONCOMPLIANCE AS SPE CIFIED UNDER PARAGRA PH (2) OF
146-THIS SUBSECTION .
111+ (A) (1) IN THIS SECTION , “ADMINISTRATIVELY CON TINUED PERMIT ” 10
112+MEANS A DISCHARGE PE RMIT THAT HAS BEEN A DMINISTRAT IVELY CONTINUED 11
113+UNDER DEPARTMENT REGULATION S IN ACCORDANCE WITH 40 C.F.R. § 122.6(D). 12
147114
148- (4) INSPECTIONS REQUIRED UNDER THIS SUBSECTIO N MAY BE
149-CONDUCTED BY MEANS O THER THAN AN IN–PERSON INSPECTION OF THE FACILITY
150-OR SITE IF THE PRESE NCE OF THE INSPECTOR WOULD RESULT IN AN
151-UNREASONABLE RISK TO HEALTH, SAFETY, OR WELFARE.
115+ (2) “ADMINISTRATIVELY CONT INUED PERMIT” DOES NOT INCLUDE A 13
116+DISCHARGE PERMIT THA T HAS BEEN CONTINUED BEYOND ITS ORIGINAL 14
117+EXPIRATION DATE DUE TO AN ENFORCEMENT AC TION TAKEN DURING THE PERM IT 15
118+TERM. 16
152119
153- (C) (1) THIS SUBSECTION APPLI ES TO A PERMIT HOLDE R THAT:
120+ (B) (1) TO ENSURE COMPLIANCE WITH THE TERMS OF A DISCHARGE 17
121+PERMIT, AT LEAST ONCE PER MO NTH THE DEPARTMENT SHALL INSPECT THE 18
122+OPERATIONS OF: CONDUCT INSPECTIONS IN ACCORDANCE WITH T HIS SUBSECTION . 19
154123
155- (I) IS IS DETERMINED BY THE DEPARTME NT OR THE U.S.
156-ENVIRONMENTAL PROTECTION AGENCY TO BE IN SIGNIFICANT NONCOMPLIANCE
157-OF AN APPLICABLE STATE OR FEDERAL WATE R QUALITY STANDARD , EFFLUENT
158-LIMITATION, OR OTHER APPLICABLE REQUIREMENT OF THE DEPARTMENT OR THE
159-U.S. ENVIRONMENTAL PROTECTION AGENCY TWO OR MORE TIMES IN A YEAR;
124+ (1) EACH PERMIT HOLDER OPERATING UNDER AN 20
125+ADMINISTRATIVELY CON TINUED PERMIT ; AND 21
160126
161- (II) REPORTS EXCEEDING EFF LUENT LIMITATIONS FO R TWO OR
162-MORE PARAMETERS REQU IRED TO BE MONITORED UNDER THE DISCHARGE PERMIT;
163-OR
127+ (2) EACH PERMIT HOLDER TH AT THE DEPARTMENT HAS 22
128+DETERMINED TO BE IN SIGNIFICANT NONCOMPL IANCE OF AN APPLICAB LE STATE 23
129+OR FEDERAL WATER QUA LITY STANDARD , EFFLUENT LIMITATION , OR OTHER 24
130+APPLICABLE RE QUIREMENT OF THE DEPARTMENT OR THE U.S. ENVIRONMENTAL 25
131+PROTECTION AGENCY. 26
164132
165- (III) REPORTS EXCEEDING , BY 200% OR MORE, EFFLUENT
166-LIMITATIONS FOR ANY SINGLE PARAMETER REQUIRED TO BE MONIT ORED UNDER
167-THE DISCHARGE PERMIT .
133+ (2) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 27
134+PARAGRAPH , AND SUBJECT TO PARAG RAPH (4) OF THIS SUBSECTION , BEGINNING 28
135+JULY 1, 2022, AT LEAST ONCE PER MO NTH THE DEPARTMENT SHALL INSPECT EACH 29
136+FACILITY OR SITE THA T THE DEPARTMENT OR THE U.S. ENVIRONMENTAL 30
137+PROTECTION AGENCY HAS DETERMINED TO BE IN SIGNIFICANT NONCOMPLIANCE 31
138+WITH AN APPLICABLE STATE OR FEDERAL WATE R QUALITY STANDARD , EFFLUENT 32
139+LIMITATION, OR OTHER APPLICABLE REQUIREMENT OF THE DEPARTMENT OR THE 33
140+U.S. ENVIRONMENTAL PROTECTION AGENCY. 34
141+ 4 HOUSE BILL 649
168142
169- (2) THE DEPARTMENT SHALL REQU IRE A PERMIT HOLDER
170-SPECIFIED UNDER PARA GRAPH (1) OF THIS SUBSECTION T O SUBMIT A WRITTEN
171-REPORT TO THE DEPARTMENT DETAILING :
172143
173- (I) HOW VIOLATIONS REPORT ED BY THE PERMIT HOLDER OR
174-NOTED BY THE DEPARTMENT WILL BE AD DRESSED; AND
144+ (II) IF A FACILITY OR SITE IS DETERMINED TO BE IN 1
145+SIGNIFICANT NONCOMPL IANCE SOLELY DUE TO THE FAILURE TO REPOR T ANY 2
146+REQUIRED INFORMATION TO THE DEPARTMENT OR THE U.S. ENVIRONMENTAL 3
147+PROTECTION AGENCY, THE DEPARTMENT MAY : 4
175148
176- (II) THE TIMELINE FOR ADDR ESSING THE VIOLATION S.
149+ 1. DELAY INSPECTIONS UND ER SUBPARAGRAPH (I) OF 5
150+THIS PARAGRAPH BY 1 MONTH WHILE THE DEPARTMENT REVIEWS TH E 6
151+COMPLIANCE STATUS OF THE FACILITY OR SITE THROUGH CORRESPONDEN CE WITH 7
152+THE OWNER OR OPERATO R OF THE FACILIT Y OR SITE OR OTHER A PPROPRIATE 8
153+METHODS; AND 9
177154
178- (3) THE DEPARTMENT SHALL NOTI FY THE SENATOR AND DELEGATE
179-REPRESENTING THE JUR ISDICTION IN WHICH A PERMIT HOLDER IS IN SIGNIFICANT
180-NONCOMPLIANCE UNDER PARAGRAPH (1) OF THIS SUBSECTION A BOUT THE
181-NONCOMPLIANCE BY E –MAIL AND CERTIFIED M AIL.
155+ 2. BEGIN MONTHLY INSPECT IONS IN ACCORDANCE 10
156+WITH SUBPARAGRAPH (I) OF THIS PARAGRAPH IF , AFTER THE PERIOD SPE CIFIED IN 11
157+ITEM 1 OF THIS SUBPARAGRAPH , THE OWNER OR OPERATO R OF THE FACILITY OR 12
158+SITE HAS NOT PROVIDE D THE INFORMATION NE CESSARY FOR THE DEPARTMENT TO 13
159+DETERMINE THE COMPLI ANCE STATUS OF THE F ACILITY OR SITE. 14
182160
183- (3) (I) THE DEPARTMENT SHALL MAIN TAIN ON ITS WEBSITE A LIST
184-OF PERMIT HOLDERS DE TERMINED TO BE IN SI GNIFICANT NONCOMPLIA NCE UNDER
185-PARAGRAPH (1) OF THIS SUBSECTION . LAWRENCE J. HOGAN, JR., Governor Ch. 22
161+ (3) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 15
162+PARAGRAPH AND SUBJEC T TO PARAGRAPH (4) OF THIS SUBSECTION , BEGINNING 16
163+JULY 1, 2023, AT LEAST ONCE EVERY 90 DAYS, THE DEPARTMENT SHALL INSP ECT 17
164+EACH FACILITY OR SIT E THAT HAS BEEN OPER ATING UNDER AN ADMIN ISTRATIVELY 18
165+CONTINUED PERMIT FOR LONGER THAN 365 DAYS. 19
186166
187-– 5 –
167+ (II) THE DEPARTMENT IS NOT REQ UIRED TO INSPECT THE 20
168+OPERATIONS OF A FACI LITY OR SITE OPERATING A GENERA L PERMIT THAT HAS 21
169+BEEN ADMINISTRATIVEL Y CONTINUED , UNLESS THE DEPARTMENT OR THE U.S. 22
170+ENVIRONMENTAL PROTECTION AGENCY HAS DETERMINED THE FACILITY OR SITE 23
171+TO BE IN SIGNIFICANT NONCOMPLIANCE AS SPE CIFIED UNDER PARAGRA PH (2) OF 24
172+THIS SUBSECT ION. 25
188173
189- (II) THE LIST SHALL BE SOR TED BY COUNTY .
174+ (4) INSPECTIONS REQUIRED UNDER THIS SUBSECTIO N MAY BE 26
175+CONDUCTED BY MEANS O THER THAN AN IN –PERSON INSPECTION OF THE FACILITY 27
176+OR SITE IF THE PRESE NCE OF THE INSPECTOR WOULD RESULT IN AN 28
177+UNREASONABLE RISK TO HEALTH, SAFETY, OR WELFARE. 29
190178
191- (III) THE DEPARTMENT SHALL PROV IDE EACH SENATOR AND
192-DELEGATE A LINK TO TH E LIST BY MONTHLY E –MAIL.
179+ (C) (1) THIS SUBSECTION APPLI ES TO A PERMIT HOLDE R THAT: 30
193180
194- (D) (1) IF A PERMIT HOLDER RE MAINS IN SIGNIFICANT NONCOMPLIANCE
195-FOR THE SAME UNDERLY ING CONDITION AFTER 2 CONSECUTIVE MONTHS O F
196-INSPECTIONS CONDUCTE D UNDER SUBSECTION (B)(2) (B) OF THIS SECTION , THE
197-PERMIT HOLDER SHALL BE SUBJECT TO AN ADM INISTRATIVE PENALTY OF:
181+ (I) IS IS DETERMINED BY THE DEPARTMENT OR THE U.S. 31
182+ENVIRONMENTAL PROTECTION AGENCY TO BE IN SIGNIFICANT NONCOMPLIANCE 32
183+OF AN APPLICABLE STATE OR FEDERAL WATE R QUALITY STANDARD , EFFLUENT 33
184+LIMITATION, OR OTHER APPLICABLE REQ UIREMENT OF THE DEPARTMENT OR THE 34
185+U.S. ENVIRONMENTAL PROTECTION AGENCY TWO OR MORE TI MES IN A YEAR; 35
186+ HOUSE BILL 649 5
198187
199- (I) FOR A PERMIT HOLDER CLASSIFIED BY THE DEPARTMENT
200-AS A MINOR FACILITY FOR A FACILITY THAT DISC HARGES LESS THAN 500,000
201-GALLONS PER DAY :
202188
203- 1. $250 WHEN THE CONDITION I S OBSERVED ON THE
204-THIRD CONSECUTIVE IN SPECTION;
189+ (II) REPORTS EXCEEDING EFF LUENT LIMITATIONS FO R TWO OR 1
190+MORE PARAMETERS REQU IRED TO BE MONITORED UNDER THE DISCHARGE PERMIT; 2
191+OR 3
205192
206- 2. $500 WHEN THE CONDITION I S OBSERVED ON THE
207-FOURTH CONSECUTIVE I NSPECTION; AND
193+ (III) REPORTS EXCEEDING , BY 200% OR MORE, EFFLUENT 4
194+LIMITATIONS FOR ANY SINGLE PARAMETER REQ UIRED TO BE MONITORE D UNDER 5
195+THE DISCHARGE PERMIT . 6
208196
209- 3. $2,500 WHEN THE C ONDITION IS OBSERVED ON THE
210-FIFTH CONSECUTIVE IN SPECTION OR ANY SUBS EQUENT CONSECUTIVE I NSPECTION;
211-AND
197+ (2) THE DEPARTMENT SHALL REQU IRE A PERMIT HOLDER 7
198+SPECIFIED UNDER PARA GRAPH (1) OF THIS SUBSECTION T O SUBMIT A WR ITTEN 8
199+REPORT TO THE DEPARTMENT DETAILING : 9
212200
213- (II) FOR A PERMIT HOLDER CLASSIFIED BY THE DEPARTMENT
214-AS A MAJOR FACILITY FOR A FACILITY THAT DISCHARGES 500,000 GALLONS OR
215-MORE PER DAY :
201+ (I) HOW VIOLATIONS REPORT ED BY THE PERMIT HOL DER OR 10
202+NOTED BY THE DEPARTMENT WILL BE AD DRESSED; AND 11
216203
217- 1. $1,000 WHEN THE CONDITION I S OBSERVED ON THE
218-THIRD CONSECUTIVE IN SPECTION;
204+ (II) THE TIMELINE FOR ADDR ESSING THE VIOLATION S. 12
219205
220- 2. $5,000 WHEN THE CONDITION I S OBSERVED ON THE
221-FOURTH CONSECUTIVE I NSPECTION; AND
206+ (3) THE DEPARTMENT SHALL NOTI FY THE SENATOR AND DELEGATE 13
207+REPRESENTING THE JUR ISDICTION IN WHICH A PERMIT HOLDER IS IN SIGNIFICANT 14
208+NONCOMPLIANCE UNDER PARAGRAPH (1) OF THIS SUBSECTION A BOUT THE 15
209+NONCOMPLIANCE BY E –MAIL AND CERTIFIED M AIL. 16
222210
223- 3. $10,000 WHEN THE CONDITION I S OBSERVED ON THE
224-FIFTH CONSECUTIVE IN SPECTION OR ANY SU BSEQUENT CONSECUTIVE INSPECTION.
211+ (3) (I) THE DEPARTMENT SHALL MAIN TAIN ON ITS WEBSITE A LIST 17
212+OF PERMIT HOLDERS DETER MINED TO BE IN SIGNI FICANT NONCOMPLIANCE UNDER 18
213+PARAGRAPH (1) OF THIS SUBSECTION . 19
225214
226- (2) THE PENALTIES PROVIDE D UNDER THIS SUBSECT ION ARE IN
227-ADDITION TO ANY OTHE R CIVIL OR CRIMINAL PENALTIES PROVIDED U NDER THIS
228-SUBTITLE.
215+ (II) THE LIST SHALL BE SOR TED BY COUNTY . 20
229216
230- SECTION 2. AND BE IT FURTHER ENACTED, That:
231- Ch. 22 2022 LAWS OF MARYLAND
217+ (III) THE DEPARTMENT SHALL PROV IDE EACH SENATOR AND 21
218+DELEGATE A LINK TO TH E LIST BY MONTHLY E –MAIL. 22
232219
233-– 6 –
234- (a) In this section, “Department” means the Department of the Environment.
220+ (D) (1) IF A PERMIT HOLDER RE MAINS IN SIGNIFICANT NONCOMPLIANCE 23
221+FOR THE SAME UNDERLY ING CONDITION AFTER 2 CONSECUTIVE MONTHS O F 24
222+INSPECTIONS CONDUCTE D UNDER SUBSECTION (B)(2) (B) OF THIS SECTION , THE 25
223+PERMIT HOLDER SHALL BE SUBJECT TO AN ADM INISTRATIVE PENALTY OF: 26
235224
236- (b) Subject to subsection (c) of this section, this Act shall be interpreted to apply
237-only prospectively to discharge permits issued, renewed, or administratively continued on
238-or after the effective date of this Act.
225+ (I) FOR A PERMIT HOLDER CLASSIFIED BY THE DEPARTMENT 27
226+AS A MINOR FACILITY FOR A FACILITY THAT DISCHARGES LESS THAN 500,000 28
227+GALLONS PER DAY : 29
239228
240- (c) On or before December 31, 2026, the Department shall clear the backlog of
241-administratively continued discharge permits existing on the effective date of this Act.
229+ 1. $250 WHEN THE CONDITION I S OBSERVED ON THE 30
230+THIRD CONSECUTIVE IN SPECTION; 31
231+ 6 HOUSE BILL 649
242232
243- (d) (c) (1) On or before December 31, 2023 October 1, 2022, the Department shall
244-report to the Governor and, in accordance with § 2–1257 of the State Government Article,
245-the General Assembly on the number of additional employees necessary to:
246233
247- (i) clear the backlog of administratively continued discharge
248-permits, as required by subsection (c) (b) of this section; and
234+ 2. $500 WHEN THE CONDITION I S OBSERVED ON THE 1
235+FOURTH CONSECUTIVE I NSPECTION; AND 2
249236
250- (ii) process discharge permit renewals in a timely manner, as
251-required by § 9–328(c) of the Environment Article, as enacted by Section 1 of this Act.
237+ 3. $2,500 WHEN THE CONDITION I S OBSERVED ON THE 3
238+FIFTH CONSECUTIVE IN SPECTION OR ANY SUBS EQUENT CONSECUTIVE I NSPECTION; 4
239+AND 5
252240
253- (2) The Department shall request:
241+ (II) FOR A PERMIT HOLDER CLASSIFIED BY THE DEPARTMENT 6
242+AS A MAJOR FACILITY FOR A FACILITY THAT DISCHARGES 500,000 GALLONS OR 7
243+MORE PER DAY : 8
254244
255- (i) on or before December 31, 2024 2022, Position Identification
256-Numbers (PINs) for at least half of the additional employees identified in the report
257-required under paragraph (1) of this subsection; and
245+ 1. $1,000 WHEN THE CONDITION I S OBSERVED ON THE 9
246+THIRD CONSECUTIVE IN SPECTION; 10
258247
259- (ii) on or before December 31, 2025 2023, PINs for the full number
260-of additional employees identified in the report required under paragraph (1) of this
261-subsection.
248+ 2. $5,000 WHEN THE CONDITION I S OBSERVED ON THE 11
249+FOURTH CONSECUTIVE I NSPECTION; AND 12
262250
263- (e) (d) On or before December 31, 2025, and each year thereafter, the Department
264-shall report to the Governor and, in accordance with § 2–1257 of the State Government
265-Article, the General Assembly on the progress toward meeting the requirements of this
266-section:
251+ 3. $10,000 WHEN THE CONDITION I S OBSERVED ON THE 13
252+FIFTH CONSECUTIVE IN SPECTION OR ANY SUBS EQUENT CONSECUTIVE I NSPECTION. 14
267253
268- (1) the number of facilities or sites subject to discharge permits that were
269-administratively continued or expired at the end of the prior fiscal year, by census tract;
270-and
254+ (2) THE PENALTIES PROVIDE D UNDER THIS SUBSECT ION ARE IN 15
255+ADDITION TO ANY OTHE R CIVIL OR CRIMINAL PENALTIES PROVIDED U NDER THIS 16
256+SUBTITLE. 17
271257
272- (2) the number of additional positions for the subsequent fiscal year that
273-the Department needs to ensure that any discharge permits that have been continued or
274-expired for more than 365 days are renewed in a timely manner.
258+ SECTION 2. AND BE IT FURTHER ENACTED, That: 18
275259
276- SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July
277-1, 2022.
260+ (a) In this section, “Department” means the Department of the Environment. 19
278261
279-Enacted under Article II, § 17(b) of the Maryland Constitution, April 9, 2022.
262+ (b) Subject to subsection (c) of this section, this Act shall be interpreted to apply 20
263+only prospectively to discharge permits issued, renewed, or administratively continued on 21
264+or after the effective date of this Act. 22
265+
266+ (c) On or before December 31, 2026, the Department shall clear the backlog of 23
267+administratively continued discharge permits existing on the effective date of this Act. 24
268+
269+ (d) (c) (1) On or before December 31, 2023 October 1, 2022, the Department shall 25
270+report to the Governor and, in accordance with § 2–1257 of the State Government Article, 26
271+the General Assembly on the number of additional employees necessary to: 27
272+
273+ (i) clear the backlog of administratively continued discharge 28
274+permits, as required by subsection (c) (b) of this section; and 29
275+
276+ (ii) process discharge permit renewals in a timely manner, as 30
277+required by § 9–328(c) of the Environment Article, as enacted by Section 1 of this Act. 31
278+ HOUSE BILL 649 7
279+
280+
281+ (2) The Department shall request: 1
282+
283+ (i) on or before December 31, 2024 2022, Position Identification 2
284+Numbers (PINs) for at least half of the additional employees identified in the report 3
285+required under paragraph (1) of this subsection; and 4
286+
287+ (ii) on or before December 31, 2025 2023, PINs for the full number 5
288+of additional employees identified in the report required under paragraph (1) of this 6
289+subsection. 7
290+
291+ (e) (d) On or before December 31, 2025, and each year thereafter, the Department 8
292+shall report to the Governor and, in accordance with § 2–1257 of the State Government 9
293+Article, the General Assembly on the progress toward meeting the requirements of this 10
294+section: 11
295+
296+ (1) the number of facilities or sites subject to discharge permits that were 12
297+administratively continued or expired at the end of the prior fiscal year, by census tract; 13
298+and 14
299+
300+ (2) the number of additional positions for the subsequent fiscal year that 15
301+the Department needs to ensure that any discharge permits that have been continued or 16
302+expired for more than 365 days are renewed in a timely manner. 17
303+
304+ SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 18
305+1, 2022. 19
306+
307+
308+
309+
310+Approved:
311+________________________________________________________________________________
312+ Governor.
313+________________________________________________________________________________
314+ Speaker of the House of Delegates.
315+________________________________________________________________________________
316+ President of the Senate.