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.
*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
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 29, 2022
CHAPTER ______
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; providing that the Board is subject to the Maryland Program Evaluation 13
Act; repealing provisions of law establishing and requiring an on–site wastewater 14
property transfer inspection license under certain circumstances; and generally 15
relating to the establishment of the State Board of On –Site Wastewater 16
Professionals and the regulation of individuals providing on–site wastewater 17
services in the State. 18
BY renumbering 19
Article – State Government 20
Section 8–403(43) through 8–403(62), respectively 21
to be Section 8–403(44) through 8–403(63), respectively 22
Annotated Code of Maryland 23
(2021 Replacement Volume) 24 2 SENATE BILL 479
BY repealing and reenacting, without amendments, 1
Article – Environment 2
Section 1–401 3
Annotated Code of Maryland 4
(2013 Replacement Volume and 2021 Supplement) 5
BY repealing and reenacting, with amendments, 6
Article – Environment 7
Section 1–406 8
Annotated Code of Maryland 9
(2013 Replacement Volume and 2021 Supplement) 10
BY adding to 11
Article – Environment 12
Section 9–11A–01 through 9–11A–21 9–11A–23 to be under the new subtitle 13
“Subtitle 11A. On–Site Wastewater Services” 14
Annotated Code of Maryland 15
(2014 Replacement Volume and 2021 Supplement) 16
BY repealing and reenacting, without amendments, 17
Article – State Finance and Procurement 18
Section 6–226(a)(2)(i) 19
Annotated Code of Maryland 20
(2021 Replacement Volume) 21
BY repealing and reenacting, with amendments, 22
Article – State Finance and Procurement 23
Section 6–226(a)(2)(ii)144. and 145. 24
Annotated Code of Maryland 25
(2021 Replacement Volume) 26
BY adding to 27
Article – State Finance and Procurement 28
Section 6–226(a)(2)(ii)146. 29
Annotated Code of Maryland 30
(2021 Replacement Volume) 31
BY adding to 32
Article – State Government 33
Section 8–403(43) 34
Annotated Code of Maryland 35
(2021 Replacement Volume) 36
BY repealing 37
Article – Environment 38
Section 9–217.2 39 SENATE BILL 479 3
Annotated Code of Maryland 1
(2014 Replacement Volume and 2021 Supplement) 2
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3
That the Laws of Maryland read as follows: Section(s) 8–403(43) through 8–403(62), 4
respectively, of Article – State Government of the Annotated Code of Maryland be 5
renumbered to be Section(s) 8–403(44) through 8–403(63), respectively. 6
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 7
as follows: 8
Article – Environment 9
1–401. 10
There is a Department of the Environment, established as a principal department of 11
the State government. 12
1–406. 13
The following units, among other units, are included in the Department: 14
(1) Air Quality Control Advisory Council; 15
(2) Hazardous Substances Advisory Council; 16
(3) Radiation Control Advisory Board; 17
(4) Science and Health Advisory Group; 18
(5) Board of Waterworks and Waste System Operators; 19
(6) Board of Well Drillers; 20
(7) Hazardous Waste Facilities Siting Board; [and] 21
(8) Marine Contractors Licensing Board; AND 22
(9) BOARD OF ON–SITE WASTEWATER PROFESSIONALS . 23
SUBTITLE 11A. ON–SITE WASTEWATER SERVICES. 24
PART I. DEFINITIONS; GENERAL PROVISIONS. 25
9–11A–01. 26
4 SENATE BILL 479
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 1
INDICATED. 2
(B) “BOARD” MEANS THE STATE BOARD OF ON–SITE WASTEWATER 3
PROFESSIONALS . 4
(C) “LICENSE” MEANS ANY CATEGORY O F PROFESSIONAL LICEN SE ISSUED 5
BY THE BOARD TO AN INDIVIDUA L TO PROVIDE ON–SITE WASTEWATER SERV ICES IN 6
THE STATE. 7
(D) (1) “ON–SITE WASTEWATER SERV ICES” MEANS ANY ACTIVITY 8
ASSOCIATED WITH THE DESIGN, INSTALLATION, OPERATION AND MAINTE NANCE, 9
PUMPING, REPAIR, OR PROPERTY TRANSFER INSPECTION OF AN ON –SITE 10
WASTEWATER SYSTEM . 11
(2) “ON–SITE WASTEWATER SERV ICES” DOES NOT INCLUDE ANY TYPE 12
OF ON–SITE WASTEWATER SYST EM INSPECTION OTHER THAN A PROPERTY 13
TRANSFER INSPECTION . 14
(E) (1) “ON–SITE WASTEWATER SYST EM” MEANS: 15
(I) A WASTEWATER SYSTEM DE SIGNED TO TREAT AND DISPOSE 16
OF EFFLUENT ON : 17
1. THE SAME PROPERTY THA T PRODUCES THE 18
WASTEWATER ; OR 19
2. AN EASEMENT; OR 20
(II) A HOLDING TANK . 21
(2) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS SUBSECTION , 22
“ON–SITE ON–SITE WASTEWATER SYSTEM ” INCLUDES A SEPTIC OR ANY OTHER 23
ON–SITE SEWAGE DISPOSAL SYSTEM. 24
(3) “ON–SITE WASTEWATER SYST EM” DOES NOT INCLUDE A 25
WASTEWATER TREATMENT SYSTEM THAT: 26
(I) REQUIRES A DISCHARGE PERMIT FROM THE DEPARTMENT ; 27
OR 28
(II) TREATS 5,000 OR MORE GALLONS PER DAY. 29
9–11A–02. 30 SENATE BILL 479 5
(A) THIS SUBTITLE DOES NOT AP PLY TO AN INDIVIDUAL EMPLOYED BY A 1
LOCAL, STATE, OR FEDERAL AGENCY WH ILE PERFORMING THE D UTIES OF THAT 2
EMPLOYMENT . 3
(B) NOTHING IN THIS SUBTI TLE PREVENTS OR PROH IBITS A LOCAL 4
GOVERNMENT FROM IMPO SING REQUIREMENTS , STANDARDS, OR FEES TH AT ARE 5
MORE STRINGENT THAN THE REQUIREMENTS , STANDARDS, OR FEES ESTABLISHED 6
IN THIS SUBTITLE. 7
9–11A–03. RESERVED. 8
9–11A–04. RESERVED. 9
PART II. STATE BOARD OF ON–SITE WASTEWATER PROFESSIONALS . 10
9–11A–05. 11
(A) THERE IS A STATE BOARD OF ON–SITE WASTEWATER PROFESSIONALS 12
IN THE DEPARTMENT . 13
(B) THE PURPOSE OF THE BOARD IS TO: 14
(1) REGULATE REGULATE INDIVIDUALS WHO PROV IDE ON–SITE 15
WASTEWATER SERVICES OR ENGAGE IN THE BUS INESS OF PROVIDING O N–SITE 16
WASTEWATER SERVICES IN THE STATE FOR THE PURPOSE OF SAFEGUAR DING THE 17
LIFE, HEALTH, PROPERTY, ENVIRONMENT , AND PUBLIC WELFARE O F THE 18
RESIDENTS OF THE STATE; AND 19
(2) ESTABLISH, IN CONSULTATION WITH THE DEPARTMENT , 20
MINIMUM STANDARDS FO R ON–SITE WASTEWATER SYST EMS THAT ARE NOT 21
REQUIRED TO BE PERMI TTED UNDER § 9–323 OF THIS TITLE , INCLUDING 22
STANDARDS FOR THE PR OCESSES, PROCEDURES , TECHNIQUES , AND MATERIALS 23
ASSOCIATED WITH THE PROPER DESIGN , ACCEPTABLE INSTALLAT ION, ADEQUATE 24
OPERATION AND MAINTE NANCE, INCLUDING PUMPING OR REPAIR, AND PROPERTY 25
TRANSFER INSPECTION OF AN ON–SITE WASTEWATER SYST EM. 26
(C) ANY FINAL ACTION OF T HE BOARD IS SUBJECT TO R EVIEW BY THE 27
SECRETARY OR THE SECRETARY’S DESIGNEE. 28
9–11A–06. 29
(A) (1) THE BOARD CONSISTS OF THE FOLLOWING MEMBERS : 30
6 SENATE BILL 479
(I) AS A NONVOTING MEMBER OF THE BOARD, THE THE 1
SECRETARY, OR THE SECRETARY’S DESIGNEE; 2
(II) SIX INDIVIDUALS APPOI NTED BY THE GOVERNOR WITH THE 3
ADVICE OF THE SECRETARY AND WITH TH E ADVICE AND CONSENT OF THE SENATE; 4
(III) ONE INDIVIDUAL DESIGN ATED BY THE MARYLAND ONSITE 5
WASTEWATER PROFESSIONALS ASSOCIATION; AND 6
(IV) ONE REPRESENTATIVE OF THE MARYLAND CONFERENCE 7
OF LOCAL ENVIRONMENTAL HEALTH DIRECTORS, DESIGNATED BY THE MARYLAND 8
CONFERENCE OF LOCAL ENVIRONMENTAL HEALTH DIRECTORS. 9
(2) OF THE MEMBERS OF THE BOARD: 10
(I) AT LEAST SIX SHALL BE ON–SITE WASTEWATER 11
PROFESSIONALS ; AND 12
(II) TWO SHALL BE CONSUMER MEMBERS. 13
(3) (I) THE OF THE ON–SITE WASTEWATER PROF ESSIONAL 14
MEMBERS OF THE BOARD SHALL BE REPRESENTAT IVE OF ALL REGIONS O F THE 15
STATE: 16
1. AT LEAST ONE SHALL BE FROM THE AREA THAT 17
CONSISTS OF ALLEGANY COUNTY, FREDERICK COUNTY, GARRETT COUNTY, AND 18
WASHINGTON COUNTY; 19
2. AT LEAST ONE SHALL BE FROM THE AREA THAT 20
CONSISTS OF BALTIMORE CITY, BALTIMORE COUNTY, CARROLL COUNTY, 21
HARFORD COUNTY, HOWARD COUNTY, AND MONTGOMERY COUNTY; 22
3. AT LEAST ONE SHALL BE FROM THE AREA THAT 23
CONSISTS OF ANNE ARUNDEL COUNTY AND PRINCE GEORGE’S COUNTY; 24
4. AT LEAST ONE SHALL BE FROM THE AREA THAT 25
CONSISTS OF CAROLINE COUNTY, CECIL COUNTY, DORCHESTER COUNTY, KENT 26
COUNTY, QUEEN ANNE’S COUNTY, SOMERSET COUNTY, TALBOT COUNTY, 27
WICOMICO COUNTY, AND WORCESTER COUNTY; AND 28
5. AT LEAST ONE SHALL BE FROM THE AREA THAT 29
CONSISTS OF CALVERT COUNTY, CHARLES COUNTY, AND ST. MARY’S COUNTY. 30
SENATE BILL 479 7
(II) BEFORE JULY 1, 2026, THE ON–SITE WASTEWATER 1
PROFESSIONAL MEMBERS OF THE BOARD SHALL: 2
1. BE LICENSED BY A LOCA L GOVERNMENT ; OR 3
2. HOLD A LETTER FROM TH E LOCAL HEALTH 4
DEPARTMENT STATING T HAT THE MEMBER HAS B EEN PROVIDING ON –SITE 5
WASTEWATER SERVICES FOR A MINIMUM OF 7 YEARS AND IS IN GOOD STANDING. 6
(III) ON AND AFTER JULY 1, 2026, AND IN ACCORDANCE WI TH 7
THIS SUBTITLE , THE ON–SITE WASTEWATER PROF ESSIONAL MEMBERS OF THE 8
BOARD SHALL BE LICENS ED BY THE BOARD. 9
(4) EACH CONSUMER MEMBER OF THE BOARD: 10
(I) SHALL BE A MEMBER OF THE GENERAL PUBLIC ; 11
(II) MAY NOT BE A LICENSEE OR OTHERWISE BE SUBJ ECT TO 12
REGULATION BY THE BOARD; 13
(III) MAY NOT BE REQUIRED T O MEET THE QUALIFICA TIONS FOR 14
THE PROFESSIONAL MEM BERS OF THE BOARD; AND 15
(IV) MAY NOT, WITHIN 1 YEAR BEFORE APPOINTM ENT, HAVE 16
HAD A FINANCIAL INT EREST IN OR HAVE REC EIVED COMPENSATION F ROM A PERSON 17
REGULATED BY THE BOARD. 18
(B) WHILE A MEMBER OF THE BOARD, A CONSUMER MEMBER MA Y NOT: 19
(1) HAVE A FINANCIAL INTE REST IN OR RECEIVE C OMPENSATION 20
FROM A PERSON REGULA TED BY THE BOARD; OR 21
(2) GRADE AN EXAMINATION GIVEN BY OR FOR THE BOARD. 22
(C) BEFORE TAKING OFFICE , EACH APPOINTEE TO TH E BOARD SHALL TAKE 23
THE OATH REQUIRED BY ARTICLE I, § 9 OF THE MARYLAND CONSTITUTION. 24
(D) (1) THE TERM OF A VOTING MEMBER IS 3 YEARS. 25
(2) A VOTING MEMBER MAY SE RVE TWO TERMS CONSECUTIV ELY. 26
(3) THE TERMS OF VOTING M EMBERS ARE STAGGERED AS REQUIRED 27
BY THE TERMS PROVIDE D FOR MEMBERS OF THE BOARD ON JULY 1, 2022. 28
8 SENATE BILL 479
(4) AT THE END OF A TERM , A VOTING MEMBER CONT INUES TO SERVE 1
UNTIL A SUCCESSOR IS APPOINTED AND QUALIF IES. 2
(5) A VOTING MEMBER WHO IS APPOINTED AFTER A TE RM HAS BEGUN 3
SERVES ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINTED 4
AND QUALIFIES. 5
(E) THE GOVERNOR MAY REMOVE A VOTING MEMBER FOR IN COMPETENCE , 6
MISCONDUCT , OR ON RECOMMENDATION OF A MAJORITY OF THE BOARD. 7
9–11A–07. 8
(A) THE MEMBERS OF THE BOARD SHALL DESIGNATE A CHAIR, A VICE 9
CHAIR, AND A SECRETARY . 10
(B) THE BOARD SHALL DETERMINE THE MEANS OF THE ELE CTION OF 11
OFFICERS. 12
9–11A–08. 13
(A) A MAJORITY OF THE MEMB ERS THEN SERVING ON THE BOARD IS A 14
QUORUM. 15
(B) THE BOARD SHALL DETERMINE THE TIMES AND PLACES OF ITS 16
MEETINGS. 17
(C) EACH MEMBER OF THE BOARD IS ENTITLED TO REIMBURSEMENT FOR 18
EXPENSES UNDER THE STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN 19
THE STATE BUDGET . 20
(D) THE BOARD MAY EMPLOY A STAFF I N ACCORDANCE WITH TH E STATE 21
BUDGET. 22
9–11A–09. 23
THE BOARD, IN CONSULTATION WITH THE DEPARTMENT , SHALL: 24
(1) MAKE RECOMMENDATIONS TO THE DEPARTMENT ON THE 25
ADOPTION OF REGULATI ONS TO CARRY OUT THE PROVISIONS OF THIS S UBTITLE, 26
INCLUDING: 27
(I) LICENSING PROCEDURES , DEFINITIONS, QUALIFICATIONS , 28
AND CONTINUING EDUCA TION REQUIREMENTS FO R THE FOLLOWING CATE GORIES: 29
SENATE BILL 479 9
1. DESIGNER; 1
2. MASTER INSTALLER AND JOURNEY INSTALLER ; 2
3. MASTER ON –SITE WASTEWATER PROP ERTY 3
TRANSFER INSPECTOR AND JOURNE Y ON–SITE WASTEWATER PROP ERTY TRANSFER 4
INSPECTOR; 5
4. MASTER PUMPER AND JOU RNEY PUMPER ; AND 6
5. MASTER OPERATION AND MAINTENANCE PROVIDER 7
AND JOURNEY OPERATIO N AND MAINTENANCE PR OVIDER; 8
(II) CERTIFICATION PROCEDU RES, DEFINITIONS, 9
QUALIFICATIONS , AND CONTINUING EDUCA TION REQUIREMENTS FO R THE 10
FOLLOWING CATEGORIES : 11
1. DESIGNER; 12
2. ADVANCED TREATMENT IN STALLER; 13
3. MOUND INSTALLER ; 14
4. DRIP DISPERSAL INSTAL LER; 15
5. PUMP DISPERSAL SYSTEM INSTALLER; 16
6. ADVANCED TREATMENT OP ERATION AND 17
MAINTENANCE PROVIDER ; 18
7. ADVANCED TREATMENT UN IT PUMPER; 19
8. ADVANCED TREATMENT PR OPERTY TRANSFER 20
INSPECTOR; AND 21
9. ANY OTHER CATEGORY AS SOCIATED WITH A SPEC IFIC 22
ON–SITE WASTEWATER TREA TMENT TECHNOLOGY ; AND 23
(III) MINIMUM STANDARDS FOR ANY PROCESSES , PROCEDURES , 24
TECHNIQUES , AND MATERIALS ASSOCI ATED WITH THE PROPER DESIGN , 25
ACCEPTABLE INSTALLAT ION, ADEQUATE OPERATION A ND MAINTENANCE , 26
INCLUDING PUMPING OR REPAIR, AND PROPERTY TRANSFE R INSPECTION OF AN 27
ON–SITE WASTEWATER SYST EM THAT IS NOT REQUI RED TO BE PERMITTED UNDER § 28
9–323 OF THIS TITLE ON–SITE WASTEWATER SYST EMS; 29
10 SENATE BILL 479
(2) REVIEW REGULATIONS PR OPOSED BY THE DEPARTMENT TO 1
CARRY OUT THE PROVIS IONS OF THIS SUBTITL E; 2
(3) ESTABLISH A CODE OF E THICS PROVID ED BY THE DEPARTMENT 3
FOR: 4
(I) MEMBERS OF THE BOARD; AND 5
(II) INDIVIDUALS LICENSED AND CERTIFIED BY THE BOARD; 6
(4) ON OR BEFORE JUNE 1, 2024, MAKE RECOMMENDATIONS TO THE 7
DEPARTMENT FOR ESTABL ISHING THE LICENSING AND CERTIFICATION 8
PROCEDURES SPECIFIED UNDER ITEM (1) OF THIS SECTION; 9
(5) COLLECT AND ACCOUNT F OR THE FEES PROVIDED FOR UNDER 10
THIS SUBTITLE; AND 11
(6) KEEP A CURRENT RECORD OF ALL INDIVIDUALS A ND ENTITIES 12
LICENSED UNDER THIS SUBTITLE. 13
9–11A–10. 14
(A) (1) THE DEPARTMENT , IN CONSULTATION WITH THE BOARD, SHALL 15
SET BY REGULATION RE ASONABLE FEES FOR TH E ISSUANCE AND RENEW AL OF 16
LICENSES AND OTHER S ERVICES THAT THE BOARD PROVIDES . 17
(2) THE FEES SHALL BE SET TO PRODUCE FUNDS TO APPROXIMATE 18
THE COSTS OF MAINTAINING THE BOARD THE BOARD’S CREATION, MAINTENANCE , 19
REASONABLE ADMINISTR ATIVE COSTS, AND ONGOING ACTIVITI ES. 20
(B) THE BOARD SHALL PUBLISH A SCHEDULE OF THE FEES . 21
(C) THE BOARD SHALL PAY ALL F UNDS COLLECTED UNDER THIS SUBTITLE 22
INTO THE ON–SITE WASTEWATER PROFESSIONALS FUND ESTABLIS HED UNDER § 23
9–11A–11 OF THIS SUBTITLE. 24
9–11A–11. 25
(A) IN THIS SECTION , “FUND” MEANS THE ON–SITE WASTEWATER 26
PROFESSIONALS FUND. 27
(B) THERE IS AN ON–SITE WASTEWATER PROFESSIONALS FUND. 28
SENATE BILL 479 11
(C) THE PURPOSE OF THE FUND IS TO PROVIDE FU NDING TO MAINTAIN TH E 1
BOARD. 2
(D) THE BOARD SHALL ADMINISTE R THE FUND. 3
(E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 4
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 5
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 6
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 7
(F) THE FUND CONSISTS OF : 8
(1) ALL FEES, PENALTIES, AND FINES COLLECTED UNDER THIS 9
SUBTITLE; 10
(2) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 11
(3) INTEREST EARNINGS OF THE FUND; 12
(4) DONATIONS TO THE FUND; AND 13
(5) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 14
THE BENEFIT OF THE FUND. 15
(G) THE FUND SHALL BE USED ON LY TO MAINTAIN THE BOARD PAY FOR 16
THE COST OF CREATING THE BOARD, THE MAINTENANCE OF THE BOARD, 17
REASONABLE ADMINISTR ATIVE COSTS, AND TO IMPLEMENT THE PROVIS IONS OF 18
THIS SUBTITLE. 19
(H) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 20
IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 21
(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 22
THE FUND. 23
(I) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 24
WITH THE STATE BUDGET . 25
(J) MONEY EXPENDED FROM T HE FUND TO MAINTAIN THE BOARD OR 26
IMPLEMENT THE PROVIS IONS OF THIS SUBTITL E IS SUPPLEMENTAL TO AND IS NOT 27
INTENDED TO TAKE THE PLACE OF FUNDING THA T OTHERWISE WOULD BE 28
APPROPRIATED FOR THE BOARD. 29
12 SENATE BILL 479
9–11A–12. 1
ON OR BEFORE DECEMBER 31 EACH YEAR, THE BOARD SHALL PREPARE A ND 2
SUBMIT AN ANNUAL REP ORT TO THE SECRETARY ON : 3
(1) THE STATUS OF THE ON–SITE WASTEWATER PROFESSIONALS 4
FUND; 5
(2) REVENUES AND EXPENDIT URES FROM THE ON–SITE 6
WASTEWATER PROFESSIONALS FUND; 7
(3) THE EFFICIENCY OF THE REGULATIONS ADOPTED BY THE 8
DEPARTMENT TO IMPLEME NT THE PROVISIONS OF THIS SUBTITLE; 9
(4) COMPLIANCE WITH THE REGULATIONS ADOP TED BY THE 10
DEPARTMENT TO IMPLEME NT THE PROVISIONS OF THIS SUBTITLE; AND 11
(5) BASED ON THE FACTORS SPECIFIED IN ITEMS (1) THROUGH (4) OF 12
THIS SECTION, THE NECESSITY TO REV IEW AND ADJUST THE F EES SET BY THE 13
DEPARTMENT BY REGULAT ION. 14
9–11A–13. RESERVED. 15
9–11A–14. RESERVED. 16
PART III. LICENSING. 17
9–11A–15. 18
(A) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 19
AN INDIVIDUAL SHALL BE LICENSED BY THE BOARD IN ACCORDANCE W ITH THIS 20
SUBTITLE BEFORE THE INDIVIDUAL MAY PROVI DE ON–SITE WASTEWATER SERV ICES 21
IN THE STATE. 22
(2) (I) AN INDIVIDUAL WHO , AS OF JANUARY 1, 2022, HOLDS A 23
LICENSE, REGISTRATION , OR CERTIFICATION TO PROVIDE PROVIDES ON–SITE 24
WASTEWATER SERVICES IN THE STATE MAY CONTINUE TO PROVIDE ON –SITE 25
WASTEWATER SERVICES UNTIL THE LICENSING REQUIREMENTS ARE EST ABLISHED 26
BY THE DEPARTMENT BY REGULAT ION IF THE INDIVIDUA L: 27
1. COMPLIES WITH ALL APP LICABLE STATE AND LOCAL 28
LAWS AND REGULATIONS ; 29
SENATE BILL 479 13
2. ON OR BEFORE DECEMBER 31, 2022, PAYS TO THE 1
DEPARTMENT A FEE OF $150; AND 2
2. 3. EVERY 2 YEARS THEREAFTER UNT IL THE 3
DEPARTMENT SETS FEES IN ACCORDANCE WITH § 9–11A–10 OF THIS SUBTITLE , 4
PAYS TO THE DEPARTMENT A RENEWAL FEE OF $150. 5
(II) IF A LOCAL GOVERNMENT DOES NOT ISSUE LICEN SES, 6
REGISTRATIONS , OR CERTIFICATIONS TO INDIVIDUALS TO PROVIDE ON–SITE 7
WASTEWATER SERVICES , AN INDIVIDUAL MAY RE QUEST A LETTER OF GO OD 8
STANDING FROM THE LO CAL HEALTH DEPARTMEN T TO CONTINUE TO PRO VIDE 9
ON–SITE WASTEWATER SERV ICES IN ACCORDANCE W ITH SUBPARAGRAPH (I) OF 10
THIS PARAGRAPH . 11
(III) THE DEPARTMENT SHALL PAY ALL FEES COLLECTED 12
UNDER PARAGRAPH (2)(I) OF THIS SUBSECTION I NTO THE ON–SITE WASTEWATER 13
PROFESSIONALS FUND ESTABLISHED UNDE R § 9–11A–11 OF THIS SUBTITLE ALL 14
FEES COLLECTED BY TH E DEPARTMENT UNDER THIS PARAGRAPH SHALL BE U SED 15
BY THE DEPARTMENT TO : 16
1. PAY FOR THE CREATION OF THE BOARD; 17
2. COVER REASONABLE ADMI NISTRATIVE COSTS ; AND 18
3. IMPLEMENT THE PROVISI ONS OF THIS SUBTITLE . 19
(B) TO QUALIFY FOR A LICE NSE, AN APPLICANT SHALL M EET THE 20
REQUIREMENTS ESTABLI SHED BY THE DEPARTMENT BY REGULATIO N. 21
(C) TO APPLY FOR A LICENS E, AN APPLICANT SHALL : 22
(1) SUBMIT TO THE BOARD AN APPLICATION ON THE FORM THAT THE 23
BOARD PROVIDES ; AND 24
(2) PAY TO THE BOARD THE REQUIRED AP PLICATION FEE SET BY THE 25
DEPARTMENT BY REGULAT ION. 26
(D) A BUSINESS PROVIDING ON –SITE WASTEWATER SERV ICES OR 27
CONTRACTING TO PROVI DE ON–SITE WASTEWATER SERV ICES THAT ARE 28
REGULATED BY THE BOARD MUST HAVE AN EM PLOYEE OR OWNER LICE NSED BY THE 29
BOARD. 30
(E) A LICENSE ISSUED BY TH E BOARD IN ACCORDANCE W ITH THIS 31
SUBTITLE IS VALID FO R 2 YEARS. 32 14 SENATE BILL 479
(F) (E) IN ACCORDANCE WITH TH E REQUIREMENTS ESTAB LISHED BY THE 1
DEPARTMENT BY REGULAT ION, THE BOARD MAY ISSUE A CER TIFICATION TO AN 2
INDIVIDUAL TO PERFOR M SPECIFIC TASKS ASSOCIATED WITH ON –SITE 3
WASTEWATER SERVICES IF THE INDIVIDUAL: 4
(1) IS LICENSED BY THE BOARD; OR 5
(2) HOLDS A PROFESSIONAL LICENSE THAT IS APPR OVED BY THE 6
BOARD. 7
9–11A–16. 8
SUBJECT TO THE HEARIN G REQUIREMENTS IN § 9–11A–17 OF THIS SUBTITLE, 9
THE BOARD MAY DENY A LICENSE T O ANY APPLICANT , REPRIMAND ANY LICENS EE, 10
OR SUSPEND OR REVOKE A LICENSE IF THE APP LICANT OR LICENSEE : 11
(1) VIOLATES ANY PROVISIO N OF THIS SUBTITLE O R ANY 12
REGULATION ADOPTED U NDER THIS SUBTITLE ; 13
(2) FRAUDULENTLY OR DECEP TIVELY OBTAINS OR ATTEMPTS TO 14
OBTAIN A LICENSE FOR THE APPLICANT OR LIC ENSEE OR FOR ANOTHER ; 15
(3) FRAUDULENTLY OR DECEP TIVELY USES A LICENS E; OR 16
(4) COMMITS ANY IS FOUND GUILTY OF GROSS NEGLIGENCE , 17
INCOMPETENCE , OR MISCONDUCT WHILE PROVIDING ON –SITE WASTEWAT ER 18
SERVICES. 19
9–11A–17. 20
(A) EXCEPT AS OTHERWISE P ROVIDED IN TITLE 10, SUBTITLE 2 OF THE 21
STATE GOVERNMENT ARTICLE, BEFORE THE BOARD TAKES ANY FINAL ACTION 22
UNDER § 9–11A–16 OF THIS SUBTITLE IT SHALL GIVE THE INDIV IDUAL AGAINST 23
WHOM THE ACTION IS C ONTEMPLAT ED AN OPPORTUNITY FO R A HEARING BEFORE 24
THE BOARD. 25
(B) THE BOARD SHALL GIVE NOTI CE AND HOLD THE HEAR ING IN 26
ACCORDANCE WITH TITLE 10, SUBTITLE 2 OF THE STATE GOVERNMENT ARTICLE. 27
(C) THE BOARD MAY ADMINISTER OATHS IN CONNECTION WITH ANY 28
PROCEEDING UNDER T HIS SECTION. 29
SENATE BILL 479 15
(D) IF, AFTER DUE NOTICE , THE APPLICANT OR LIC ENSEE AGAINST WHOM 1
THE ACTION IS CONTEM PLATED FAILS OR REFU SES TO APPEAR , THE BOARD MAY 2
HEAR AND DETERMINE T HE MATTER. 3
(E) ANY PERSON AGGRIEVED BY A FINAL DECISION OF THE BOARD IN A 4
CONTESTED CASE, AS DEFINED IN § 10–202 OF THE STATE GOVERNMENT ARTICLE, 5
MAY TAKE AN APPEAL A S ALLOWED IN §§ 10–222 AND 10–223 OF THE STATE 6
GOVERNMENT ARTICLE. 7
9–11A–18. RESERVED. 8
9–11A–19. RESERVED. 9
PART IV. PROHIBITED ACTS; PENALTIES. 10
9–11A–20. 11
(A) EXCEPT AS PROVIDED IN § 9–11A–15(A) OF THIS SUBTITLE , AN 12
INDIVIDUAL MAY NOT P ROVIDE, ATTEMPT TO PROVIDE , OR OFFER TO PROVIDE 13
ON–SITE WASTEWATER SERV ICES UNLESS THE INDI VIDUAL IS LICENSED B Y THE 14
BOARD. 15
(B) A LICENSE MAY NOT BE B ORROWED, RENTED, OR TRANSFERRED TO 16
ANOTHER INDIVIDUAL . 17
9–11A–21. 18
(A) A PERSON WHO VIOLATES ANY PROVISION OF THI S SUBTITLE OR OF ANY 19
REGULATION ADOPTED U NDER THIS SUBTITLE I S GUILTY OF A MISDEM EANOR AND 20
ON CONVICTION IS SUB JECT: 21
(1) TO A FINE NOT EXCEEDI NG $500 OR IMPRISONMENT NOT 22
EXCEEDING 3 MONTHS, OR BOTH; OR 23
(2) TO A FINE NOT EXCEEDI NG $1,000 OR IMPRISONMENT NOT 24
EXCEEDING 1 YEAR, OR BOTH, FOR ANY SUBSEQUENT V IOLATION OF THIS TIT LE 25
THAT OCCURS WITHIN 2 YEARS OF AN EARLIER VIOLATION OF THIS TI TLE. 26
(B) EACH DAY THAT A PERSO N PROVIDES ON–SITE WASTEWATER SERV ICES 27
WITHOUT A LICENSE CO NSTITUTES A SEPARATE OFFENSE. 28
9–11A–22. 29
16 SENATE BILL 479
(A) INSTEAD OF OR IN ADDI TION TO ANY OTHER PE NALTIES UNDER THIS 1
TITLE, THE BOARD MAY IMPOSE A CI VIL PENALTY ON A PER SON WHO VIOLATES § 2
9–11A–20 OF THIS SUBTITLE IN AN AMOUNT NOT EXC EEDING $1,000 PER DAY FOR 3
ALL VIOLATIONS CITED ON A SINGLE DAY. 4
(B) IN SETTING THE AMOUNT OF THE CIVIL PENALTY , THE BOARD SHALL 5
CONSIDER: 6
(1) THE SERIOUSNESS OF TH E VIOLATION; 7
(2) THE HARM CAUSED BY TH E VIOLATION; 8
(3) THE GOOD FAITH OF THE VI OLATOR; 9
(4) HISTORY OF PREVIOUS V IOLATIONS BY THE VIO LATOR; AND 10
(5) OTHER RELEVANT FACTOR S. 11
(C) IF A VIOLATOR FAILS T O PAY A CIVIL PENALT Y WITHIN 30 DAYS OF ITS 12
IMPOSITION BY THE BOARD, THE MATTERS SHALL BE FORWARDED TO THE CENTRAL 13
COLLECTION UNIT IN THE DEPARTMENT OF BUDGET AND MANAGEMENT FOR THE 14
COLLECTION OF THE CI VIL PENALTY. 15
(D) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 16
SECTION INTO THE ON–SITE WASTEWATER PROFESSIONALS FUND UNDER § 17
9–11A–11 OF THIS SUBTITLE. 18
9–11A–23. 19
(A) INSTEAD OF OR IN ADDI TION TO ANY OTHER PE NALTIES AUTHORIZED 20
UNDER THIS TITLE , THE BOARD MAY IMPOSE AN A DMINISTRATIVE PENALT Y ON A 21
PERSON WHO VIOLATES THIS SUBTITLE IN AN AMOUNT NOT EXCEEDING $1,000 PER 22
DAY FOR ALL VIOLATIO NS CITED ON A SING LE DAY. 23
(B) IN SETTING THE AMOUNT OF THE ADMINISTRATIV E PENALTY, THE 24
BOARD SHALL CONSIDER : 25
(1) THE SERIOUSNESS OF TH E VIOLATION; 26
(2) THE HARM CAUSED BY TH E VIOLATION; 27
(3) THE GOOD FAITH OF THE VIOLATOR; 28
(4) ANY HISTORY OF PREVIO US VIOLATIONS BY THE VIOLATOR ; AND 29
SENATE BILL 479 17
(5) ANY OTHER RELEVANT FA CTORS. 1
(C) IF A VIOLATOR FAILS T O PAY AN ADMINISTRAT IVE PENALTY WITHIN 90 2
DAYS AFTER THE IMPOS ITION OF THE ADMINIS TRATIVE PENALTY BY T HE BOARD, 3
THE MATTER SHALL BE FORWARDED TO THE CENTRAL COLLECTION UNIT IN THE 4
DEPARTMENT OF BUDGET AND MANAGEMENT FOR THE CO LLECTION OF THE 5
ADMINISTRATIVE PENAL TY. 6
(D) ANY PENALTIES COLLECT ED UNDER THIS SECTIO N SHALL BE PAID INTO 7
THE ON–SITE WASTEWATER PROFESSIONALS FUND ESTABLISHED UNDE R § 8
9–11A–11 OF THIS SUBTITLE. 9
Article – State Finance and Procurement 10
6–226. 11
(a) (2) (i) Notwithstanding any other provision of law, and unless 12
inconsistent with a federal law, grant agreement, or other federal requirement or with the 13
terms of a gift or settlement agreement, net interest on all State money allocated by the 14
State Treasurer under this section to special funds or accounts, and otherwise entitled to 15
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 16
Fund of the State. 17
(ii) The provisions of subparagraph (i) of this paragraph do not apply 18
to the following funds: 19
144. the Health Equity Resource Community Reserve Fund; 20
[and] 21
145. the Access to Counsel in Evictions Special Fund; AND 22
146. THE ON–SITE WASTEWATER PROFESSION ALS FUND. 23
Article – State Government 24
8–403. 25
This subtitle applies only to the following governmental activities and units: 26
(43) ON–SITE WASTEWATER PROFESSIONALS , STATE BOARD OF (§ 27
9–11A–05 OF THE ENVIRONMENT ARTICLE); 28
SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 29
as follows: 30
Article – Environment 31 18 SENATE BILL 479
[9–217.2. 1
(a) In this section, “license holder” means an individual who holds a valid on–site 2
wastewater property transfer inspection license issued by the Department under this 3
section. 4
(b) This section does not apply to an individual who inspects an on–site sewage 5
disposal system as a part of the individual’s duties as an employee of the federal 6
government, the State, or any local government of the State. 7
(c) On or after July 1, 2022, an individual may not engage in the business of 8
inspecting an on–site sewage disposal system unless the individual holds a valid on–site 9
wastewater property transfer inspection license issued by the Department. 10
(d) (1) On or before January 1, 2022, the Department shall adopt regulations 11
establishing eligibility criteria, minimum training standards for on–site wastewater 12
property transfer inspection licenses, the frequency with which licenses must be renewed, 13
and the fees for license applications and renewals. 14
(2) The regulations adopted under this subsection shall require that: 15
(i) The training include instruction on determining whether an 16
on–site sewage disposal system is: 17
1. In need of replacement or repair; and 18
2. Not in compliance with statutory or regulatory 19
requirements; and 20
(ii) Each inspection performed by a license holder follows the 21
inspection format provided by the Department. 22
(e) An applicant for a license under this section shall: 23
(1) Submit an application to the Department on the form the Department 24
provides; and 25
(2) Pay an application fee set by the Department. 26
(f) (1) An individual who violates a provision of this section or any regulation 27
adopted under this section is subject to an administrative penalty not exceeding $10,000. 28
(2) Each on–site sewage disposal system that an individual knowingly 29
inspects without a valid on–site wastewater property transfer inspection license constitutes 30
a separate violation of this section. 31
SENATE BILL 479 19
(3) Any administrative penalty collected by the Department under this 1
subsection shall be paid into the separate account within the Bay Restoration Fund 2
established under § 9–1605.2(h) of this title. 3
(g) A local government may establish additional requirements for inspections of 4
on–site sewage disposal systems.] 5
SECTION 2. 4. AND BE IT FURTHER ENACTED, That the Stat e Board of On–Site 6
Wastewater Professionals shall be fully operational on or before June 1, 2023. 7
SECTION 3. 5. AND BE IT FURTHER ENACTED, That the terms of the initial 8
members of the State Board of On–Site Wastewater Professionals shall expire as follows: 9
(1) three members in 2025; 10
(2) three members in 2026; and 11
(3) three members in 2027. 12
SECTION 4. 6. AND BE IT FURTHER ENACTED, That, on or before July 1, 2025, 13
the Department of the Environment, in consultation with the State Board of On–Site 14
Wastewater Professionals, shall adopt regulations to implement Section 1 2 of this Act. 15
SECTION 5. 7. AND BE IT FURTHER ENACTED, That, on or before July 1, 2026, 16
all individuals who provide on–site wastewater services in the State shall be licensed by 17
the State Board of On–Site Wastewater Professionals. 18
SECTION 8. AND BE IT FURTHER ENACTED, That Section 3 of this Act shall take 19
effect June 30, 2025. 20
SECTION 6. 9. AND BE IT FURTHER ENACTED, That , except as provided in 21
Section 8 of this Act, this Act shall take effect July 1, 2022. 22
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.