EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0479*
SENATE BILL 479
M3, C2 2lr2546
CF HB 318
By: Senator Hester
Introduced and read first time: January 27, 2022
Assigned to: Education, Health, and Environmental Affairs
A BILL ENTITLED
AN ACT concerning 1
Environment – On–Site Wastewater Services – Regulation 2
FOR the purpose of establishing the State Board of On–Site Wastewater Professionals in 3
the Department of the Environment; establishing the On –Site Wastewater 4
Professionals Fund as a special, nonlapsing fund; requiring interest earnings of the 5
Fund to be credited to the Fund; requiring the Board to submit a certain annual 6
report to the Secretary of the Environment; requiring, subject to a certain exception, 7
a certain individual to be licensed by the Board before providing certain on–site 8
wastewater services in the State; authorizing a certain individual to continue to 9
provide certain services until certain license requirements are established if the 10
individual pays a certain fee to the Department; specifying that this Act does not 11
prevent or prohibit a local government from imposing certain requirements or 12
standards; and generally relating to the establishment of the State Board of On–Site 13
Wastewater Professionals and the regulation of individuals providing on–site 14
wastewater services in the State. 15
BY adding to 16
Article – Environment 17
Section 9–11A–01 through 9–11A–21 to be under the new subtitle “Subtitle 11A. 18
On–Site Wastewater Services” 19
Annotated Code of Maryland 20
(2014 Replacement Volume and 2021 Supplement) 21
BY repealing and reenacting, without amendments, 22
Article – State Finance and Procurement 23
Section 6–226(a)(2)(i) 24
Annotated Code of Maryland 25
(2021 Replacement Volume) 26
BY repealing and reenacting, with amendments, 27
Article – State Finance and Procurement 28 2 SENATE BILL 479
Section 6–226(a)(2)(ii)144. and 145. 1
Annotated Code of Maryland 2
(2021 Replacement Volume) 3
BY adding to 4
Article – State Finance and Procurement 5
Section 6–226(a)(2)(ii)146. 6
Annotated Code of Maryland 7
(2021 Replacement Volume) 8
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 9
That the Laws of Maryland read as follows: 10
Article – Environment 11
SUBTITLE 11A. ON–SITE WASTEWATER SERVICES. 12
PART I. DEFINITIONS; GENERAL PROVISIONS. 13
9–11A–01. 14
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 15
INDICATED. 16
(B) “BOARD” MEANS THE STATE BOARD OF ON–SITE WASTEWATER 17
PROFESSIONALS . 18
(C) “LICENSE” MEANS ANY CATEGORY O F PROFESSIONAL LICEN SE ISSUED 19
BY THE BOARD TO AN INDIVIDUA L TO PROVIDE ON–SITE WASTEWATER SERV ICES IN 20
THE STATE. 21
(D) “ON–SITE WASTEWATER SERV ICES” MEANS ANY ACTIVITY ASSOCIATED 22
WITH THE DESIGN , INSTALLATION, OPERATION AND MAINTE NANCE, PUMPING, 23
REPAIR, OR PROPERTY TRANSFER INSPECTION OF AN ON –SITE WASTEWATER 24
SYSTEM. 25
(E) (1) “ON–SITE WASTEWATER SYST EM” MEANS: 26
(I) A WASTEWATER SYSTEM DE SIGNED TO TREAT AND DISPOSE 27
OF EFFLUENT ON : 28
1. THE SAME PROPERTY THA T PRODUCES THE 29
WASTEWATER ; OR 30
2. AN EASEMENT; OR 31 SENATE BILL 479 3
(II) A HOLDING TANK . 1
(2) “ON–SITE WASTEWATER SYST EM” INCLUDES A SEPTIC OR ANY 2
OTHER ON–SITE SEWAGE DISPOSAL SYSTEM. 3
9–11A–02. 4
(A) THIS SUBTITLE DOES NOT APPLY TO AN INDIVIDUAL EMPLOYED BY A 5
LOCAL, STATE, OR FEDERAL AGENCY WH ILE PERFORMING THE D UTIES OF THAT 6
EMPLOYMENT . 7
(B) NOTHING IN THIS SUBTI TLE PREVENTS OR PROH IBITS A LOCAL 8
GOVERNMENT FROM IMPO SING REQUIREMENTS , STANDARDS, OR FEES THAT ARE 9
MORE STRINGENT THAN TH E REQUIREMENTS , STANDARDS, OR FEES ESTABLISHED 10
IN THIS SUBTITLE. 11
9–11A–03. RESERVED. 12
9–11A–04. RESERVED. 13
PART II. STATE BOARD OF ON–SITE WASTEWATER PROFESSIONALS . 14
9–11A–05. 15
(A) THERE IS A STATE BOARD OF ON–SITE WASTEWATER PROFESSIONALS 16
IN THE DEPARTMENT . 17
(B) THE PURPOSE OF THE BOARD IS TO: 18
(1) REGULATE INDIVIDUALS WHO PROVIDE ON –SITE WASTEWATER 19
SERVICES OR ENGAGE I N THE BUSINESS OF PR OVIDING ON–SITE WASTEWATER 20
SERVICES IN THE STATE FOR THE PURPOSE OF SAFEGUARDING THE LIFE, HEALTH, 21
PROPERTY, ENVIRONMENT , AND PUBLIC WELFARE O F THE RESIDENTS OF T HE 22
STATE; AND 23
(2) ESTABLISH, IN CONSULTATION WITH THE DEPARTMENT , 24
MINIMUM STANDARDS FO R ON–SITE WASTEWATER SYST EMS THAT ARE NOT 25
REQUIRED TO BE PERMI TTED UNDER § 9–323 OF THIS TITLE , INCLUDING 26
STANDARDS FOR THE PR OCESSES, PROCEDURES , TECHNIQUES , AND MATERIALS 27
ASSOCIATED WITH THE PROPER DESIGN , ACCEPTABLE INSTALLAT ION, ADEQUATE 28
OPERATION AND MAINTE NANCE, INCLUDING PUMPING OR REPAIR, AND PROPERTY 29
TRANSFER INSPECTION OF AN ON–SITE WASTEWATER SYSTEM. 30 4 SENATE BILL 479
9–11A–06. 1
(A) (1) THE BOARD CONSISTS OF THE FOLLOWING MEMBERS : 2
(I) AS A NONVOTING MEMBER OF THE BOARD, THE 3
SECRETARY, OR THE SECRETARY’S DESIGNEE; 4
(II) SIX INDIVIDUALS APPOI NTED BY THE GOVERNOR WITH THE 5
ADVICE OF THE SECRETARY AND WITH THE ADVICE AND CONSE NT OF THE SENATE; 6
(III) ONE INDIVIDUAL DESIGN ATED BY THE MARYLAND ONSITE 7
WASTEWATER PROFESSIONALS ASSOCIATION; AND 8
(IV) ONE REPRESENTATIVE OF THE MARYLAND CONFERENCE 9
OF LOCAL ENVIRONMENTAL HEALTH DIRECTORS, DESIGNATED BY THE MARYLAND 10
CONFERENCE OF LOCAL ENVIRONMENTAL HEALTH DIRECTORS. 11
(2) OF THE MEMBERS OF THE BOARD: 12
(I) AT LEAST SIX SHALL BE ON–SITE WASTEWATER 13
PROFESSIONALS ; AND 14
(II) TWO SHALL BE CONSUMER MEMBERS. 15
(3) (I) THE ON–SITE WASTEWATER PROF ESSIONAL MEMB ERS OF 16
THE BOARD SHALL BE REPRES ENTATIVE OF ALL REGI ONS OF THE STATE. 17
(II) BEFORE JULY 1, 2026, THE ON–SITE WASTEWATER 18
PROFESSIONAL MEMBERS OF THE BOARD SHALL: 19
1. BE LICENSED BY A LOCA L GOVERNMENT ; OR 20
2. HOLD A LETTER FROM TH E LOCAL HEALTH 21
DEPARTMENT STATING THA T THE MEMBER HAS BEE N PROVIDING ON –SITE 22
WASTEWATER SERVICES FOR A MINIMUM OF 7 YEARS AND IS IN GOOD STANDING. 23
(III) ON AND AFTER JULY 1, 2026, AND IN ACCORDANCE WI TH 24
THIS SUBTITLE , THE ON–SITE WASTEWATER PROF ESSIONAL MEMBERS OF THE 25
BOARD SHALL BE LICENS ED BY THE BOARD. 26
(4) EACH CONSUMER MEMBER OF THE BOARD: 27
SENATE BILL 479 5
(I) SHALL BE A MEMBER OF THE GENERAL PUBLIC ; 1
(II) MAY NOT BE A LICENSEE OR OTHERWISE BE SUBJ ECT TO 2
REGULATION BY THE BOARD; 3
(III) MAY NOT BE REQUIRED T O MEET THE QUALIFICATIONS FOR 4
THE PROFESSIONAL MEM BERS OF THE BOARD; AND 5
(IV) MAY NOT, WITHIN 1 YEAR BEFORE APPOINTM ENT, HAVE 6
HAD A FINANCIAL INTE REST IN OR HAVE RECE IVED COMPENSATION FR OM A PERSON 7
REGULATED BY THE BOARD. 8
(B) WHILE A MEMBER OF THE BOARD, A CONSUMER MEMBER MAY NOT : 9
(1) HAVE A FINANCIAL INTE REST IN OR RECEIVE C OMPENSATION 10
FROM A PERSON REGULA TED BY THE BOARD; OR 11
(2) GRADE AN EXAMINATION GIVEN BY OR FOR THE BOARD. 12
(C) BEFORE TAKING OFFICE , EACH APPOINTEE TO TH E BOARD SHALL TAKE 13
THE OATH REQ UIRED BY ARTICLE I, § 9 OF THE MARYLAND CONSTITUTION. 14
(D) (1) THE TERM OF A VOTING MEMBER IS 3 YEARS. 15
(2) A VOTING MEMBER MAY SE RVE TWO TERMS CONSEC UTIVELY. 16
(3) THE TERMS OF VOTING M EMBERS ARE STAGGERED AS REQUIRED 17
BY THE TERMS PROVIDE D FOR MEMBERS OF THE BOARD ON JULY 1, 2022. 18
(4) AT THE END OF A TERM , A VOTING MEMBER CONT INUES TO SERVE 19
UNTIL A SUCCESSOR IS APPOINTED AND QUALIF IES. 20
(5) A VOTING MEMBER WHO IS APPOINTED AFTER A TE RM HAS BEGUN 21
SERVES ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINTED 22
AND QUALIFIES. 23
(E) THE GOVERNOR MAY REMOVE A VOTING MEMBER FOR IN COMPETENCE , 24
MISCONDUCT , OR ON RECOMMENDATION OF A MAJORITY OF THE BOARD. 25
9–11A–07. 26
(A) THE MEMBERS OF THE BOARD SHALL DESIGNATE A CHAIR. 27
6 SENATE BILL 479
(B) THE BOARD SHALL DETERMINE THE MEANS OF THE ELECTION OF 1
OFFICERS. 2
9–11A–08. 3
(A) A MAJORITY OF THE MEMB ERS THEN SERVING ON THE BOARD IS A 4
QUORUM. 5
(B) THE BOARD SHALL DETERMINE THE TIMES AND PLACES OF ITS 6
MEETINGS. 7
(C) EACH MEMBER OF THE BOARD IS ENTITLED TO REIMBURSE MENT FOR 8
EXPENSES UNDER THE STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN 9
THE STATE BUDGET . 10
(D) THE BOARD MAY EMPLOY A ST AFF IN ACCORDANCE WI TH THE STATE 11
BUDGET. 12
9–11A–09. 13
THE BOARD SHALL: 14
(1) MAKE RECOMMENDATIONS TO THE DEPARTMENT ON THE 15
ADOPTION OF REGULATIONS TO CARRY OUT THE PRO VISIONS OF THIS SUBT ITLE, 16
INCLUDING: 17
(I) LICENSING PROCEDURES , QUALIFICATIONS , AND 18
CONTINUING EDUCATION REQUIREMENTS FOR THE FOLLOWING CATEGORIES : 19
1. DESIGNER; 20
2. MASTER INSTALLER AND JOURNEY INSTALLER ; 21
3. MASTER ON –SITE WASTEWATER PROP ERTY 22
TRANSFER INSPECTOR A ND JOURNEY ON –SITE WASTEWATER PROP ERTY TRANSFER 23
INSPECTOR; 24
4. MASTER PUMPER AND JOU RNEY PUMPER ; AND 25
5. MASTER OPERATION AND MAINTENANCE PROVIDER 26
AND JOURNEY OPERATIO N AND MAINTENANCE PR OVIDER; 27
SENATE BILL 479 7
(II) CERTIFICATION PROCEDU RES, QUALIFICATIONS , AND 1
CONTINUING EDUCATION REQUIREMENTS FOR THE FOLLOWING CATEGORIES : 2
1. DESIGNER; 3
2. ADVANCED TREATMENT IN STALLER; 4
3. MOUND INSTALLE R; 5
4. DRIP DISPERSAL INSTAL LER; 6
5. PUMP DISPERSAL SYSTEM INSTALLER; 7
6. ADVANCED TREATMENT OP ERATION AND 8
MAINTENANCE PROVIDER ; 9
7. ADVANCED TREATMENT UN IT PUMPER; 10
8. ADVANCED TREATMENT PR OPERTY TRANSFER 11
INSPECTOR; AND 12
9. ANY OTHER CATEGORY ASSOC IATED WITH A SPECIFI C 13
ON–SITE WASTEWATER TREA TMENT TECHNOLOGY ; AND 14
(III) MINIMUM STANDARDS FOR ANY PROCESSES , PROCEDURES , 15
TECHNIQUES , AND MATERIALS ASSOCI ATED WITH THE PROPER DESIGN, 16
ACCEPTABLE INSTALLAT ION, ADEQUATE OPERATION A ND MAINTENANCE , 17
INCLUDING PUMPING OR REPAIR, AND PROPERTY TRANSFE R INSPECTION OF AN 18
ON–SITE WASTEWATER SYST EM THAT IS NOT REQUI RED TO BE PERMITTED UNDER § 19
9–323 OF THIS TITLE; 20
(2) REVIEW REGULATIONS PR OPOSED BY THE DEPARTMENT TO 21
CARRY OUT THE PROVIS IONS OF THIS SUBTITLE; 22
(3) ESTABLISH A CODE OF E THICS PROVIDED BY TH E DEPARTMENT 23
FOR: 24
(I) MEMBERS OF THE BOARD; AND 25
(II) INDIVIDUALS LICENSED BY THE BOARD; 26
8 SENATE BILL 479
(4) ON OR BEFORE JUNE 1, 2024, MAKE RECOMMENDATIONS TO THE 1
DEPARTMENT FOR ESTABL ISHING THE L ICENSING AND CERTIFI CATION 2
PROCEDURES SPECIFIED UNDER ITEM (1) OF THIS SECTION; 3
(5) COLLECT AND ACCOUNT F OR THE FEES PROVIDED FOR UNDER 4
THIS SUBTITLE; AND 5
(6) KEEP A CURRENT RECORD OF ALL INDIVIDUALS A ND ENTITIES 6
LICENSED UNDER THIS SUBTITLE. 7
9–11A–10. 8
(A) (1) THE DEPARTMENT , IN CONSULTATION WITH THE BOARD, SHALL 9
SET BY REGULATION RE ASONABLE FEES FOR TH E ISSUANCE AND RENEW AL OF 10
LICENSES AND OTHER S ERVICES THAT THE BOARD PROVIDES . 11
(2) THE FEES SHALL BE SET TO PRODUCE FUNDS TO APPROXIMATE 12
THE COSTS OF MAINTAINING THE BOARD. 13
(B) THE BOARD SHALL PUBLISH A SCHEDULE OF THE FEES . 14
(C) THE BOARD SHALL PAY ALL F UNDS COLLECTED UNDER THIS SUBTITLE 15
INTO THE ON–SITE WASTEWATER PROFESSIONALS FUND ESTABLISHED UNDE R § 16
9–11A–11 OF THIS SUBTITLE. 17
9–11A–11. 18
(A) IN THIS SECTION , “FUND” MEANS THE ON–SITE WASTEWATER 19
PROFESSIONALS FUND. 20
(B) THERE IS AN ON–SITE WASTEWATER PROFESSIONALS FUND. 21
(C) THE PURPOSE OF THE FUND IS TO PROVIDE FU NDING TO MAINTAIN TH E 22
BOARD. 23
(D) THE BOARD SHALL ADMINISTE R THE FUND. 24
(E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 25
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 26
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 27
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 28
SENATE BILL 479 9
(F) THE FUND CONSISTS OF: 1
(1) ALL FEES, PENALTIES, AND FINES COLLECTED UNDER THIS 2
SUBTITLE; 3
(2) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 4
(3) INTEREST EARNINGS OF THE FUND; 5
(4) DONATIONS TO THE FUND; AND 6
(5) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 7
THE BENEFIT OF THE FUND. 8
(G) THE FUND SHALL BE USED ON LY TO MAINTAIN THE BOARD AND 9
IMPLEMENT THE PROVIS IONS OF THIS SUBTITL E. 10
(H) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 11
IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 12
(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 13
THE FUND. 14
(I) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 15
WITH THE STATE BUDGET . 16
(J) MONEY EXPENDED FROM T HE FUND TO MAINTAIN THE BOARD OR 17
IMPLEMENT THE PROVIS IONS OF THIS SUB TITLE IS SUPPLEMENTA L TO AND IS NOT 18
INTENDED TO TAKE THE PLACE OF FUNDING THA T OTHERWISE WOULD BE 19
APPROPRIATED FOR THE BOARD. 20
9–11A–12. 21
ON OR BEFORE DECEMBER 31 EACH YEAR, THE BOARD SHALL PREPARE A ND 22
SUBMIT AN ANNUAL REP ORT TO THE SECRETARY ON : 23
(1) THE STATUS OF THE ON–SITE WASTEWATER PROFESSIONALS 24
FUND; 25
(2) REVENUES AND EXPENDIT URES FROM THE ON–SITE 26
WASTEWATER PROFESSIONALS FUND; 27
10 SENATE BILL 479
(3) THE EFFICIENCY OF THE REGULATIONS ADOPTED BY THE 1
DEPARTMENT TO IMPLEME NT THE PROVISIONS OF THIS SUBTITLE; 2
(4) COMPLIANCE WITH THE R EGULATIONS ADOPTED B Y THE 3
DEPARTMENT TO IMPLEME NT THE PROVISIONS OF THIS SUBTITLE; AND 4
(5) BASED ON THE FACTORS SPECIFIED IN ITEMS (1) THROUGH (4) OF 5
THIS SECTION, THE NECESSITY TO REV IEW AND ADJUST THE F EES SET BY THE 6
DEPARTMENT B Y REGULATION . 7
9–11A–13. RESERVED. 8
9–11A–14. RESERVED. 9
PART III. LICENSING. 10
9–11A–15. 11
(A) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 12
AN INDIVIDUAL SHALL BE LICENSED BY THE BOARD IN ACCORDANCE W ITH THIS 13
SUBTITLE BEFORE THE INDIVIDUAL MAY PROVIDE ON –SITE WASTEWATER SERV ICES 14
IN THE STATE. 15
(2) (I) AN INDIVIDUAL WHO , AS OF JANUARY 1, 2022, HOLDS A 16
LICENSE, REGISTRATION , OR CERTIFICATION TO PROVIDE ON–SITE WASTEWATER 17
SERVICES IN THE STATE MAY CONTINUE TO PROVIDE ON –SITE WASTEWATER 18
SERVICES UNTIL THE LICENSI NG REQUIREMENTS ARE ESTABLISHED BY THE 19
DEPARTMENT BY REGULAT ION IF THE INDIVIDUA L: 20
1. ON OR BEFORE DECEMBER 31, 2022, PAYS TO THE 21
DEPARTMENT A FEE OF $150; AND 22
2. EVERY 2 YEARS THEREAFTER UNT IL THE 23
DEPARTMENT SETS FEES IN ACCORDANCE WITH § 9–11A–10 OF THIS SUBTITLE , 24
PAYS TO THE DEPARTMENT A RENEWAL FEE OF $150. 25
(II) IF A LOCAL GOVERNMENT DOES NOT ISSUE LICEN SES, 26
REGISTRATIONS , OR CERTIFICATIONS TO INDIVIDUALS TO PROVI DE ON–SITE 27
WASTEWATER SERVICES , AN INDIVIDUAL MAY RE QUEST A LETTER OF GOOD 28
STANDING FROM THE LO CAL HEALTH DEPARTMEN T TO CONTINUE TO PRO VIDE 29
ON–SITE WASTEWATER SERV ICES IN ACCORDANCE W ITH SUBPARAGRAPH (I) OF 30
THIS PARAGRAPH . 31
SENATE BILL 479 11
(III) THE DEPARTMENT SHALL PAY ALL FEES COLLECTED 1
UNDER PARAGRAPH (2)(I) OF THIS SUBSECTION INTO THE ON–SITE WASTEWATER 2
PROFESSIONALS FUND ESTABLISHED UNDE R § 9–11A–11 OF THIS SUBTITLE. 3
(B) TO QUALIFY FOR A LICE NSE, AN APPLICANT SHALL M EET THE 4
REQUIREMENTS ESTABLI SHED BY THE DEPARTMENT BY REGULAT ION. 5
(C) TO APPLY FOR A LICENS E, AN APPLICANT SHALL : 6
(1) SUBMIT TO THE BOARD AN APPLICATION ON THE FORM THAT THE 7
BOARD PROVIDES ; AND 8
(2) PAY TO THE BOARD THE REQUIRED AP PLICATION FEE SET BY THE 9
DEPARTMENT BY REGULAT ION. 10
(D) A BUSINESS PROVIDING O N–SITE WASTEWATER SERV ICES OR 11
CONTRACTIN G TO PROVIDE ON –SITE WASTEWATER SERV ICES THAT ARE 12
REGULATED BY THE BOARD MUST HAVE AN EM PLOYEE OR OWNER LICE NSED BY THE 13
BOARD. 14
(E) A LICENSE ISSUED BY TH E BOARD IN ACCORDANCE W ITH THIS 15
SUBTITLE IS VALID FO R 2 YEARS. 16
(F) IN ACCORDANCE WITH TH E REQUIREMENTS ESTABLI SHED BY THE 17
DEPARTMENT BY REGULAT ION, THE BOARD MAY ISSUE A CER TIFICATION TO AN 18
INDIVIDUAL TO PERFOR M SPECIFIC TASKS ASS OCIATED WITH ON –SITE 19
WASTEWATER SERVICES IF THE INDIVIDUAL: 20
(1) IS LICENSED BY THE BOARD; OR 21
(2) HOLDS A PROFE SSIONAL LICENSE THAT IS APPROVED BY THE 22
BOARD. 23
9–11A–16. 24
SUBJECT TO THE HEARIN G REQUIREMENTS IN § 9–11A–17 OF THIS SUBTITLE, 25
THE BOARD MAY DENY A LICE NSE TO ANY APPLICANT , REPRIMAND ANY LICENS EE, 26
OR SUSPEND OR REVOKE A LICENSE IF THE APP LICANT OR LICENS EE: 27
(1) VIOLATES ANY PROVISIO N OF THIS SUBTITLE O R ANY 28
REGULATION ADOPTED U NDER THIS SUBTITLE ; 29
12 SENATE BILL 479
(2) FRAUDULENTLY OR DECEP TIVELY OBTAINS OR AT TEMPTS TO 1
OBTAIN A LICENSE FOR THE APPLICANT OR LIC ENSEE OR FOR ANOTHER ; 2
(3) FRAUDULENTLY OR DECEP TIVELY USES A LICENSE; OR 3
(4) COMMITS ANY GROSS NEG LIGENCE, INCOMPETENCE , OR 4
MISCONDUCT WHILE PRO VIDING ON–SITE WASTEWATER SERV ICES. 5
9–11A–17. 6
(A) EXCEPT AS OTHERWISE P ROVIDED IN TITLE 10, SUBTITLE 2 OF THE 7
STATE GOVERNMENT ARTICLE, BEFORE THE BOARD TAKES AN Y FINAL ACTION 8
UNDER § 9–11A–16 OF THIS SUBTITLE IT SHALL GIVE THE INDIV IDUAL AGAINST 9
WHOM THE ACTION IS C ONTEMPLATED AN OPPOR TUNITY FOR A HEARING BEFORE 10
THE BOARD. 11
(B) THE BOARD SHALL GIVE NOTI CE AND HOLD THE HEAR ING IN 12
ACCORDANCE WITH TITLE 10, SUBTITLE 2 OF THE STATE GOVERNMENT ARTICLE. 13
(C) THE BOARD MAY ADMINISTER OATHS IN CONNECTION WITH ANY 14
PROCEEDING UNDER THI S SECTION. 15
(D) IF, AFTER DUE NOTICE , THE APPLICANT OR LIC ENSEE AGAINST WHOM 16
THE ACTION IS CONTEM PLATED FAILS OR REFU SES TO APPEAR , THE BOARD MAY 17
HEAR AND DETERMINE T HE MATTER. 18
(E) ANY PERSON AGGRIEVED BY A FINAL DECISION OF THE BOARD IN A 19
CONTESTED CASE , AS DEFINED IN § 10–202 OF THE STATE GOVERNMENT ARTICLE, 20
MAY TAKE AN APPEAL A S ALLOWED IN §§ 10–222 AND 10–223 OF THE STATE 21
GOVERNMENT ARTICLE. 22
9–11A–18. RESERVED. 23
9–11A–19. RESERVED. 24
PART IV. PROHIBITED ACTS; PENALTIES. 25
9–11A–20. 26
(A) EXCEPT AS PROVIDED IN § 9–11A–15(A) OF THIS SUBTITLE , AN 27
INDIVIDUAL MAY NOT P ROVIDE, ATTEMPT TO PROVIDE , OR OFFER TO PROVIDE 28
ON–SITE WASTEWATER SERV ICES UNLESS THE INDI VIDUAL IS LICENSED B Y THE 29
BOARD. 30 SENATE BILL 479 13
(B) A LICENSE MAY NOT BE B ORROWED, RENTED, OR TRANSFERRED TO 1
ANOTHER INDIVIDUAL . 2
9–11A–21. 3
(A) INSTEAD OF OR IN ADDI TION TO ANY OTHER PE NALTIES AUTHORIZED 4
UNDER THIS TITLE , THE BOARD MAY IMPOSE AN A DMINISTRATIVE PENALT Y ON A 5
PERSON WHO VIOLATES THIS SUBTITLE IN AN AMOUNT NOT EXCEEDING $1,000 PER 6
DAY FOR ALL VIOLATIO NS CITED ON A SINGLE DAY. 7
(B) IN SETTING THE AMOUNT OF THE ADMINISTRATIV E PENALTY, THE 8
BOARD SHALL CONSIDER : 9
(1) THE SERIOUSNESS OF THE VIOLATION ; 10
(2) THE HARM CAUSED BY TH E VIOLATION; 11
(3) THE GOOD FAITH OF THE VIOLATOR; 12
(4) ANY HISTORY OF PREVIO US VIOLATIONS BY THE VIOLATOR; AND 13
(5) ANY OTHER RELEVANT FA CTORS. 14
(C) IF A VIOLATOR FAILS T O PAY AN ADMINISTRAT IVE PENALTY WITHIN 90 15
DAYS AFTER THE IMPOS ITION OF THE ADMINIS TRATIVE PENALTY BY T HE BOARD, 16
THE MATTER SHALL BE FORWARDED TO THE CENTRAL COLLECTION UNIT IN THE 17
DEPARTMENT OF BUDGET AND MANAGEMENT FOR THE CO LLECTION OF THE 18
ADMINISTRATIVE PENAL TY. 19
(D) ANY PENALTIES CO LLECTED UNDER THIS S ECTION SHALL BE PAID INTO 20
THE ON–SITE WASTEWATER PROFESSIONALS FUND ESTABLISHED UNDE R § 21
9–11A–11 OF THIS SUBTITLE. 22
Article – State Finance and Procurement 23
6–226. 24
(a) (2) (i) Notwithstanding any other provision of law, and unless 25
inconsistent with a federal law, grant agreement, or other federal requirement or with the 26
terms of a gift or settlement agreement, net interest on all State money allocated by the 27
State Treasurer under this section to special funds or accounts, and otherwise entitled to 28
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 29
Fund of the State. 30 14 SENATE BILL 479
(ii) The provisions of subparagraph (i) of this paragraph do not apply 1
to the following funds: 2
144. the Health Equity Resource Community Reserve Fund; 3
[and] 4
145. the Access to Counsel in Evictions Special Fund; AND 5
146. THE ON–SITE WASTEWATER PROFESSIONALS FUND. 6
SECTION 2. AND BE IT FURTHER ENACTED, That the State Board of On –Site 7
Wastewater Professionals shall be fully operational on or before June 1, 2023. 8
SECTION 3. AND BE IT FURTHER ENACTED, That the terms of the initial 9
members of the State Board of On–Site Wastewater Professionals shall expire as follows: 10
(1) three members in 2025; 11
(2) three members in 2026; and 12
(3) three members in 2027. 13
SECTION 4. AND BE IT FURTHER ENACTED, That, on or before July 1, 2025, the 14
Department of the Environment, in consultation with the State Board of On –Site 15
Wastewater Professionals, shall adopt regulations to implement Section 1 of this Act. 16
SECTION 5. AND BE IT FURTHER ENACTED, That, on or before July 1, 2026, all 17
individuals who provide on–site wastewater services in the State shall be licensed by the 18
State Board of On–Site Wastewater Professionals. 19
SECTION 6. AND BE IT FURTHER ENACTED, That this Act shall take effect July 20
1, 2022. 21