EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0492*
SENATE BILL 492
M3 2lr1566
CF 2lr1564
By: Senators Pinsky, Guzzone, Elfreth, Lam, Patterson, Rosapepe, and
Washington
Introduced and read first time: January 27, 2022
Assigned to: Education, Health, and Environmental Affairs
A BILL ENTITLED
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; establishing administrative penalties for certain permit holders determined 7
to be in significant noncompliance of certain State or federal water quality 8
standards, effluent limitations, or other requirements; requiring the Department to 9
clear a certain backlog of administratively continued permits on or before a certain 10
date; and generally relating to water pollution discharge permits. 11
BY repealing and reenacting, with amendments, 12
Article – Environment 13
Section 9–328 14
Annotated Code of Maryland 15
(2014 Replacement Volume and 2021 Supplement) 16
BY adding to 17
Article – Environment 18
Section 9–328.1 19
Annotated Code of Maryland 20
(2014 Replacement Volume and 2021 Supplement) 21
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
That the Laws of Maryland read as follows: 23
Article – Environment 24
9–328. 25 2 SENATE BILL 492
(a) (1) Unless it is renewed for another term, a discharge permit expires on 1
the expiration date the Department sets at issuance or renewal. 2
(2) The Department may not issue a discharge permit for a term longer 3
than 5 years. 4
(b) Before a discharge permit expires, the Department may renew the discharge 5
permit for another term: 6
(1) After administrative review in accordance with the rules and 7
regulations that the Department adopts; 8
(2) After notice and opportunity for public hearing on the subject; 9
(3) On the condition that the discharge meets or will meet: 10
(i) Any applicable State or federal water quality standards or 11
effluent limitations; and 12
(ii) Any applicable requirement of this subtitle; and 13
(4) If the permit holder pays all application and permit fees assessed by the 14
Department under this subtitle. 15
(c) (1) ON OR AFTER JULY 1, 2022, THE DEPARTMENT MAY NOT 16
ADMINISTRATIVELY CON TINUE A DISCHARGE PE RMIT FOR A PERIOD LO NGER THAN 17
3 YEARS. 18
(2) ON OR AFTER JANUARY 1, 2027, THE DEPARTMENT MAY NOT 19
ADMINISTRATIVELY CON TINUE A DISCHARGE PE RMIT FOR A PERIOD LO NGER THAN 20
1 YEAR. 21
(D) Administrative review proceedings under this section shall be completed at 22
least 60 days before the expiration date of the permit. 23
9–328.1. 24
(A) IN THIS SECTION, “ADMINISTRATIVELY CON TINUED PERMIT ” MEANS A 25
DISCHARGE PERMIT THA T HAS BEEN ADMINISTR ATIVELY CONTINUED UN DER 26
DEPARTMENT REGULATION S IN ACCORDANCE WITH 40 C.F.R. § 122.6(D). 27
(B) TO ENSURE COMPLIANCE WITH THE TERMS OF A DI SCHARGE PERMIT , 28
AT LEAST ONCE PER MO NTH THE DEPARTMENT SHALL INSP ECT THE OPERATIONS 29
OF: 30 SENATE BILL 492 3
(1) EACH PERMIT HOLDER OP ERATING UNDER AN 1
ADMINISTRATIVELY CON TINUED PERMIT ; AND 2
(2) EACH PERMIT HOLDER TH AT THE DEPARTMENT HAS 3
DETERMINED TO BE IN SIGNIFICANT NO NCOMPLIANCE OF AN AP PLICABLE STATE 4
OR FEDERAL WATER QUA LITY STANDARD , EFFLUENT LIMITATION , OR OTHER 5
APPLICABLE REQUIREME NT OF THE DEPARTMENT OR THE U.S. ENVIRONMENTAL 6
PROTECTION AGENCY. 7
(C) (1) THIS SUBSECTION APPLI ES TO A PERMIT HO LDER THAT: 8
(I) IS DETERMINED BY THE DEPARTMENT TO BE IN 9
SIGNIFICANT NONCOMPL IANCE OF AN APPLICAB LE STATE OR FEDERAL WATE R 10
QUALITY STANDARD , EFFLUENT LIMITATION , OR OTHER APPLICABLE 11
REQUIREMENT OF THE DEPARTMENT OR THE U.S. ENVIRONMENTAL PROTECTION 12
AGENCY TWO OR MORE TI MES IN A YEAR; 13
(II) REPORTS EXCEEDING EFF LUENT LIMITATIONS FO R TWO OR 14
MORE PARAMETERS REQU IRED TO BE MONITORED UNDER THE DISCHARGE PERMIT; 15
OR 16
(III) REPORTS EXCEEDING , BY 200% OR MORE, EFFLUENT 17
LIMITATIONS FOR ANY SINGLE PARAMET ER REQUIRED TO BE MO NITORED UNDER 18
THE DISCHARGE PERMIT . 19
(2) THE DEPARTMENT SHALL REQU IRE A PERMIT HOLDER 20
SPECIFIED UNDER PARA GRAPH (1) OF THIS SUBSECTION T O SUBMIT A WRITTEN 21
REPORT TO THE DEPARTMENT DETAILING : 22
(I) HOW VIOLATIONS REPORT ED BY THE PERMIT HOLDER OR 23
NOTED BY THE DEPARTMENT WILL BE AD DRESSED; AND 24
(II) THE TIMELINE FOR ADDR ESSING THE VIOLATION S. 25
(D) (1) IF A PERMIT HOLDER RE MAINS IN SIGNIFICANT NONCOMPLIANCE 26
FOR THE SAME UNDERLY ING CONDITION AFTER 2 CONSECUTIVE MONTHS O F 27
INSPECTIONS CONDUCTED UNDER SUBSECTION (B)(2) OF THIS SECTION , THE 28
PERMIT HOLDER SHALL BE SUBJECT TO AN ADM INISTRATIVE PENALTY OF: 29
(I) FOR A PERMIT HOLDER C LASSIFIED BY THE DEPARTMENT 30
AS A MINOR FACILITY : 31
4 SENATE BILL 492
1. $250 WHEN THE CONDITION I S OBSERVED ON THE 1
THIRD CONSECUTIVE INSPEC TION; 2
2. $500 WHEN THE CONDITION I S OBSERVED ON THE 3
FOURTH CONSECUTIVE I NSPECTION; AND 4
3. $2,500 WHEN THE CONDITION I S OBSERVED ON THE 5
FIFTH CONSECUTIVE IN SPECTION OR ANY SUBS EQUENT CONSECUTIVE I NSPECTION; 6
AND 7
(II) FOR A PERMIT HOLDER CLASSI FIED BY THE DEPARTMENT 8
AS A MAJOR FACILITY : 9
1. $1,000 WHEN THE CONDITION I S OBSERVED ON THE 10
THIRD CONSECUTIVE IN SPECTION; 11
2. $5,000 WHEN THE CONDITION I S OBSERVED ON THE 12
FOURTH CONSECUTIVE I NSPECTION; AND 13
3. $10,000 WHEN THE CONDITION IS OBS ERVED ON THE 14
FIFTH CONSECUTIVE IN SPECTION OR ANY SUBS EQUENT CONSECUTIVE I NSPECTION. 15
(2) THE PENALTIES PROVIDE D UNDER THIS SUBSECT ION ARE IN 16
ADDITION TO ANY OTHE R CIVIL OR CRIMINAL PENALTIES PROVIDED U NDER THIS 17
SUBTITLE. 18
SECTION 2. AND BE IT FURTHER ENACTED, That: 19
(a) In this section, “Department” means the Department of the Environment. 20
(b) Subject to subsection (c) of this section, this Act shall be interpreted to apply 21
only prospectively to discharge permits issued, renewed, or administratively continued on 22
or after the effective date of this Act. 23
(c) On or before December 31, 2026, the Department shall clear the backlog of 24
administratively continued discharge permits existing on the effective date of this Act. 25
(d) (1) On or before December 31, 2023, the Department shall report to the 26
Governor and, in accordance with § 2–1257 of the State Government Article, the General 27
Assembly on the number of additional employees necessary to: 28
(i) clear the backlog of administratively continued discharge 29
permits, as required by subsection (c) of this section; and 30
SENATE BILL 492 5
(ii) process discharge permit renewals in a timely manner, as 1
required by § 9–328(c) of the Environment Article, as enacted by Section 1 of this Act. 2
(2) The Department shall request: 3
(i) on or before December 31, 2024, Position Identification Numbers 4
(PINs) for at least half of the additional employees identified in the report required under 5
paragraph (1) of this subsection; and 6
(ii) on or before December 31, 2025, PINs for the full number of 7
additional employees identified in the report required under paragraph (1) of this 8
subsection. 9
(e) On or before December 31, 2025, the Department shall report to the Governor 10
and, in accordance with § 2–1257 of the State Government Article, the General Assembly 11
on the progress toward meeting the requirements of this section. 12
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 13
1, 2022. 14