Maryland 2022 Regular Session

Maryland Senate Bill SB492 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	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	5		sb0492
9	6
10	7		SENATE BILL 492
11	8		M3 2lr1566
12		-	CF ~~HB 649~~
	9	+	CF 2lr1564
13	10		By: Senators Pinsky, Guzzone, Elfreth, Lam, Patterson, Rosapepe, and
14		-	Washington ~~Washington, and Jackson~~
	11	+	Washington
15	12		Introduced and read first time: January 27, 2022
16	13		Assigned to: Education, Health, and Environmental Affairs
17		-	Committee Report: Favorable with amendments
18		-	Senate action: Adopted
19		-	Read second time: March 4, 2022
20		-	Returned to second reading: March 4, 2022
21		-	Senate action: Adopted with floor amendments
22		-	Read second time: March 4, 2022
23	14
24		-	~~CHAPTER ______~~
	15	+	A BILL ENTITLED
25	16
26	17		AN ACT concerning 1
27	18
28	19		Environment – Discharge Permits – Inspections and Administrative 2
29	20		Continuations 3
30	21
31	22		FOR the purpose of limiting the period of time for which the Department of the 4
32	23		Environment may administratively continue certain water pollution discharge 5
33	24		permits; establishing inspection and reporting requirements for certain permit 6
34	25		holders; establishing administrative penalties for certain permit holders determined 7
35	26		to be in significant noncompliance of certain State or federal water quality 8
36	27		standards, effluent limitations, or other requirements; requiring the Department to 9
37	28		clear a certain backlog of administratively continued permits on or before a certain 10
38	29		date; and generally relating to water pollution discharge permits. 11
39	30
40		-	BY repealing and reenacting, with ~~without~~ amendments, 12
	31	+	BY repealing and reenacting, with amendments, 12
41	32		Article – Environment 13
42	33		Section 9–328 14
43	34		Annotated Code of Maryland 15
44	35		(2014 Replacement Volume and 2021 Supplement) 16
45	36
46	37		BY adding to 17
47	38		Article – Environment 18
48		-	Section 9–328.1 19 2 SENATE BILL 492
	39	+	Section 9–328.1 19
	40	+	Annotated Code of Maryland 20
	41	+	(2014 Replacement Volume and 2021 Supplement) 21
49	42
	43	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
	44	+	That the Laws of Maryland read as follows: 23
50	45
51		-	Annotated Code of Maryland 1
52		-	(2014 Replacement Volume and 2021 Supplement) 2
	46	+	Article – Environment 24
53	47
54		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3
55		-	That the Laws of Maryland read as follows: 4
56		-
57		-	Article – Environment 5
58		-
59		-	9–328. 6
60		-
61		-	(a) (1) Unless it is renewed for another term, a discharge permit expires on 7
62		-	the expiration date the Department sets at issuance or renewal. 8
63		-
64		-	(2) The Department may not issue a discharge permit for a term longer 9
65		-	than 5 years. 10
66		-
67		-	(b) Before a discharge permit expires, the Department may renew the discharge 11
68		-	permit for another term: 12
69		-
70		-	(1) After administrative review in accordance with the rules and 13
71		-	regulations that the Department adopts; 14
72		-
73		-	(2) After notice and opportunity for public hearing on the subject; 15
74		-
75		-	(3) On the condition that the discharge meets or will meet: 16
76		-
77		-	(i) Any applicable State or federal water quality standards or 17
78		-	effluent limitations; and 18
79		-
80		-	(ii) Any applicable requirement of this subtitle; and 19
81		-
82		-	(4) If the permit holder pays all application and permit fees assessed by the 20
83		-	Department under this subtitle. 21
84		-
85		-	(c) (1) ON OR AFTER JULY 1, 2022, THE DEPARTMENT MAY NOT 22
86		-	ADMINISTRATIVELY CON TINUE A DISCHARGE PE RMIT FOR A PERIOD LO NGER THAN 23
87		-	3 YEARS. 24
88		-
89		-	(2) ON OR AFTER JANUARY 1, 2027, THE DEPARTMENT MAY NOT 25
90		-	ADMINISTRATIVELY CON TINUE A DISCHARGE PE RMIT FOR A PERIOD LO NGER THAN 26
91		-	1 YEAR. 27
92		-
93		-	(D) Administrative review proceedings under this section shall be completed at 28
94		-	least 60 days before the expiration date of the permit. 29
95		-
96		-	9–328.1. 30 SENATE BILL 492 3
	48	+	9–328. 25 2 SENATE BILL 492
97	49
98	50
99	51
100		-	(A) (1) IN THIS SECTION , “ADMINISTRATIVELY CON TINUED PERMIT ” 1
101		-	MEANS A DISCHARGE PE RMIT THAT HAS BEEN A DMINISTRATIVELY CONT INUED 2
102		-	UNDER DEPARTMENT REGULATION S IN ACCORDANCE WITH 40 C.F.R. § 122.6(D). 3
	52	+	(a) (1) Unless it is renewed for another term, a discharge permit expires on 1
	53	+	the expiration date the Department sets at issuance or renewal. 2
103	54
104		-	(2) “ADMINISTRATIVELY CONT INUED PERMIT” DOES NOT INCLUDE A 4
105		-	DISCHARGE PERMIT THAT HA S BEEN CONTINUED BEY OND ITS ORIGINAL 5
106		-	EXPIRATION DATE DUE TO AN ENFORCEMENT AC TION TAKEN DURING TH E PERMIT 6
107		-	TERM. 7
	55	+	(2) The Department may not issue a discharge permit for a term longer 3
	56	+	than 5 years. 4
108	57
109		-	(B) (1) TO ENSURE COMPLIANCE WITH THE TERMS OF A DISCHARGE 8
110		-	PERMIT, AT LEAST ONCE PER MO NTH THE DEPARTMENT SHALL INSPECT THE 9
111		-	OPERATIONS OF: CONDUCT INSPECTIONS IN ACCORDANCE WITH T HIS SUBSECTION . 10
	58	+	(b) Before a discharge permit expires, the Department may renew the discharge 5
	59	+	permit for another term: 6
112	60
113		-	(1) ~~EACH PERMIT HOLDER OP~~ ~~ERATING UNDER AN 11~~
114		-	~~ADMINISTRATIVELY CON TINUED PERMIT~~ ; ~~AND 12~~
	61	+	(1) After administrative review in accordance with the rules and 7
	62	+	regulations that the Department adopts; 8
115	63
116		-	(2) EACH PERMIT HOLDER TH AT THE DEPARTMENT HAS 13
117		-	DETERMINED TO BE IN SIGNIFICANT NONCOMPL IANCE OF AN APPLICABLE STATE 14
118		-	OR FEDERAL WATER QUA LITY STANDARD , EFFLUENT LIMITATION , OR OTHER 15
119		-	APPLICABLE REQUIREME NT OF THE DEPARTMENT OR THE U.S. ENVIRONMENTAL 16
120		-	PROTECTION AGENCY. 17
	64	+	(2) After notice and opportunity for public hearing on the subject; 9
121	65
122		-	(2) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 18
123		-	PARAGRAPH , AND SUBJECT TO PARAGRAPH (4) OF THIS SUBSECTION , BEGINNING 19
124		-	JULY 1, 2022, AT LEAST ONCE PER MO NTH THE DEPARTMENT SHALL INSP ECT EACH 20
125		-	FACILITY OR SITE THA T THE DEPARTMENT OR THE U.S. ENVIRONMENTAL 21
126		-	PROTECTION AGENCY HAS DETERMINED TO BE IN SIGNIFICANT NONCOMPLIANCE 22
127		-	WITH AN APPLICABLE STATE OR FEDERAL WATE R QUALITY STANDARD , EFFLUENT 23
128		-	LIMITATION, OR OTHER APPLICABLE REQUIREMENT OF THE DEPARTMENT OR THE 24
129		-	U.S. ENVIRONMENTAL PROTECTION AGENCY. 25
	66	+	(3) On the condition that the discharge meets or will meet: 10
130	67
131		-	(II) IF A FACILITY OR SITE IS DETERMINED TO BE IN 26
132		-	SIGNIFICANT NONCOMPL IANCE SOLE LY DUE TO THE FAILUR E TO REPORT ANY 27
133		-	REQUIRED INFORMATION TO THE DEPARTMENT OR THE U.S. ENVIRONMENTAL 28
134		-	PROTECTION AGENCY, THE DEPARTMENT MAY : 29
	68	+	(i) Any applicable State or federal water quality standards or 11
	69	+	effluent limitations; and 12
135	70
136		-	1. DELAY INSPECTIONS UND ER SUBPARAGRAPH (I) OF 30
137		-	THIS PARAGRAPH BY 1 MONTH WHILE THE DEPARTMENT REVIEWS TH E 31
138		-	COMPLIANCE STATUS OF THE FACILITY OR SITE THROUGH CORRESPONDEN CE WITH 32
139		-	THE OWNER OR OPERATO R OF THE FACILITY OR SITE OR OTHER APPROP RIATE 33
140		-	METHODS; AND 34
	71	+	(ii) Any applicable requirement of this subtitle; and 13
	72	+
	73	+	(4) If the permit holder pays all application and permit fees assessed by the 14
	74	+	Department under this subtitle. 15
	75	+
	76	+	(c) (1) ON OR AFTER JULY 1, 2022, THE DEPARTMENT MAY NOT 16
	77	+	ADMINISTRATIVELY CON TINUE A DISCHARGE PE RMIT FOR A PERIOD LO NGER THAN 17
	78	+	3 YEARS. 18
	79	+
	80	+	(2) ON OR AFTER JANUARY 1, 2027, THE DEPARTMENT MAY NOT 19
	81	+	ADMINISTRATIVELY CON TINUE A DISCHARGE PE RMIT FOR A PERIOD LO NGER THAN 20
	82	+	1 YEAR. 21
	83	+
	84	+	(D) Administrative review proceedings under this section shall be completed at 22
	85	+	least 60 days before the expiration date of the permit. 23
	86	+
	87	+	9–328.1. 24
	88	+
	89	+	(A) IN THIS SECTION, “ADMINISTRATIVELY CON TINUED PERMIT ” MEANS A 25
	90	+	DISCHARGE PERMIT THA T HAS BEEN ADMINISTR ATIVELY CONTINUED UN DER 26
	91	+	DEPARTMENT REGULATION S IN ACCORDANCE WITH 40 C.F.R. § 122.6(D). 27
	92	+
	93	+	(B) TO ENSURE COMPLIANCE WITH THE TERMS OF A DI SCHARGE PERMIT , 28
	94	+	AT LEAST ONCE PER MO NTH THE DEPARTMENT SHALL INSP ECT THE OPERATIONS 29
	95	+	OF: 30 SENATE BILL 492 3
	96	+
	97	+
	98	+
	99	+	(1) EACH PERMIT HOLDER OP ERATING UNDER AN 1
	100	+	ADMINISTRATIVELY CON TINUED PERMIT ; AND 2
	101	+
	102	+	(2) EACH PERMIT HOLDER TH AT THE DEPARTMENT HAS 3
	103	+	DETERMINED TO BE IN SIGNIFICANT NO NCOMPLIANCE OF AN AP PLICABLE STATE 4
	104	+	OR FEDERAL WATER QUA LITY STANDARD , EFFLUENT LIMITATION , OR OTHER 5
	105	+	APPLICABLE REQUIREME NT OF THE DEPARTMENT OR THE U.S. ENVIRONMENTAL 6
	106	+	PROTECTION AGENCY. 7
	107	+
	108	+	(C) (1) THIS SUBSECTION APPLI ES TO A PERMIT HO LDER THAT: 8
	109	+
	110	+	(I) IS DETERMINED BY THE DEPARTMENT TO BE IN 9
	111	+	SIGNIFICANT NONCOMPL IANCE OF AN APPLICAB LE STATE OR FEDERAL WATE R 10
	112	+	QUALITY STANDARD , EFFLUENT LIMITATION , OR OTHER APPLICABLE 11
	113	+	REQUIREMENT OF THE DEPARTMENT OR THE U.S. ENVIRONMENTAL PROTECTION 12
	114	+	AGENCY TWO OR MORE TI MES IN A YEAR; 13
	115	+
	116	+	(II) REPORTS EXCEEDING EFF LUENT LIMITATIONS FO R TWO OR 14
	117	+	MORE PARAMETERS REQU IRED TO BE MONITORED UNDER THE DISCHARGE PERMIT; 15
	118	+	OR 16
	119	+
	120	+	(III) REPORTS EXCEEDING , BY 200% OR MORE, EFFLUENT 17
	121	+	LIMITATIONS FOR ANY SINGLE PARAMET ER REQUIRED TO BE MO NITORED UNDER 18
	122	+	THE DISCHARGE PERMIT . 19
	123	+
	124	+	(2) THE DEPARTMENT SHALL REQU IRE A PERMIT HOLDER 20
	125	+	SPECIFIED UNDER PARA GRAPH (1) OF THIS SUBSECTION T O SUBMIT A WRITTEN 21
	126	+	REPORT TO THE DEPARTMENT DETAILING : 22
	127	+
	128	+	(I) HOW VIOLATIONS REPORT ED BY THE PERMIT HOLDER OR 23
	129	+	NOTED BY THE DEPARTMENT WILL BE AD DRESSED; AND 24
	130	+
	131	+	(II) THE TIMELINE FOR ADDR ESSING THE VIOLATION S. 25
	132	+
	133	+	(D) (1) IF A PERMIT HOLDER RE MAINS IN SIGNIFICANT NONCOMPLIANCE 26
	134	+	FOR THE SAME UNDERLY ING CONDITION AFTER 2 CONSECUTIVE MONTHS O F 27
	135	+	INSPECTIONS CONDUCTED UNDER SUBSECTION (B)(2) OF THIS SECTION , THE 28
	136	+	PERMIT HOLDER SHALL BE SUBJECT TO AN ADM INISTRATIVE PENALTY OF: 29
	137	+
	138	+	(I) FOR A PERMIT HOLDER C LASSIFIED BY THE DEPARTMENT 30
	139	+	AS A MINOR FACILITY : 31
141	140		4 SENATE BILL 492
142	141
143	142
144		-	2. BEGIN MONTHLY INSPECT IONS IN ACCORDANCE 1
145		-	WITH SUBPARAGRAPH (I) OF THIS PARAGRAPH IF , AFTER THE PERIOD SPE CIFIED IN 2
146		-	ITEM 1 OF THIS SUBPARAGRAPH , THE OWNER OR OPERATO R OF THE FACILITY OR 3
147		-	SITE HAS NOT PROVIDE D THE INFORMATION NE CESSARY FOR THE DEPARTMENT TO 4
148		-	DETERMINE THE COMPLIAN CE STATUS OF THE FAC ILITY OR SITE. 5
	143	+	1. $250 WHEN THE CONDITION I S OBSERVED ON THE 1
	144	+	THIRD CONSECUTIVE INSPEC TION; 2
149	145
150		-	(3) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 6
151		-	PARAGRAPH AND SUBJEC T TO PARAGRAPH (4) OF THIS SUBSECTION , BEGINNING 7
152		-	JULY 1, 2023, AT LEAST ONCE EVERY 90 DAYS, THE DEPARTMENT SHALL INSP ECT 8
153		-	EACH FACILITY OR SITE THAT HAS BEEN OPERAT ING UNDER AN ADMINIS TRATIVELY 9
154		-	CONTINUED PERMIT FOR LONGER THAN 365 DAYS. 10
	146	+	2. $500 WHEN THE CONDITION I S OBSERVED ON THE 3
	147	+	FOURTH CONSECUTIVE I NSPECTION; AND 4
155	148
156		-	(II) THE DEPARTMENT IS NOT REQ UIRED TO INSPECT THE 11
157		-	OPERATIONS OF A FACI LITY OR SITE OPERATI NG A GENERAL PERMIT THAT HAS 12
158		-	BEEN ADMINISTRATIV ELY CONTINUED , UNLESS THE DEPARTMENT OR THE U.S. 13
159		-	ENVIRONMENTAL PROTECTION AGENCY HAS DETERMINED THE FACILITY OR SITE 14
160		-	TO BE IN SIGNIFICANT NONCOMPLIANCE AS SPE CIFIED UNDER PARAGRA PH (2) OF 15
161		-	THIS SUBSECTION . 16
	149	+	3. $2,500 WHEN THE CONDITION I S OBSERVED ON THE 5
	150	+	FIFTH CONSECUTIVE IN SPECTION OR ANY SUBS EQUENT CONSECUTIVE I NSPECTION; 6
	151	+	AND 7
162	152
163		-	(4) INSPECTIONS REQUIRED UNDER THIS SUBSECTIO N MAY BE 17
164		-	CONDUCTED BY MEANS O THER THAN AN IN –PERSON INSPECTION OF THE FACILITY 18
165		-	OR SITE IF THE PRESE NCE OF THE INSPECTOR WOULD RESULT IN AN 19
166		-	UNREASONABLE RISK TO HEALTH, SAFETY, OR WELFARE. 20
	153	+	(II) FOR A PERMIT HOLDER CLASSI FIED BY THE DEPARTMENT 8
	154	+	AS A MAJOR FACILITY : 9
167	155
168		-	(C) (1) THIS SUBSECTION APPLI ES TO A PERMIT HOLDE R THAT: 21
	156	+	1. $1,000 WHEN THE CONDITION I S OBSERVED ON THE 10
	157	+	THIRD CONSECUTIVE IN SPECTION; 11
169	158
170		-	(I) IS IS DETERMINED BY THE DEPARTMENT OR THE U.S. 22
171		-	ENVIRONMENTAL PROTECTION AGENCY TO BE IN SIGNIFICANT NONCOMPLIANCE 23
172		-	OF AN APPLICABLE STATE OR FEDERAL WATE R QUALITY STANDARD , EFFLUENT 24
173		-	LIMITATION, OR OTHER APPLICABLE REQUIREMENT OF THE DEPARTMENT OR THE 25
174		-	U.S. ENVIRONMENTAL PROTECTION AGENCY TWO OR MORE TI MES IN A YEAR; 26
	159	+	2. $5,000 WHEN THE CONDITION I S OBSERVED ON THE 12
	160	+	FOURTH CONSECUTIVE I NSPECTION; AND 13
175	161
176		-	(II) REPORTS EXCEEDING EFF LUENT LIMITATIONS FO R TWO OR 27
177		-	MORE PARAMETERS REQU IRED TO BE MONITORED UNDER THE DISCHARGE PERMIT; 28
178		-	OR 29
	162	+	3. $10,000 WHEN THE CONDITION IS OBS ERVED ON THE 14
	163	+	FIFTH CONSECUTIVE IN SPECTION OR ANY SUBS EQUENT CONSECUTIVE I NSPECTION. 15
179	164
180		-	(~~III~~) ~~REPORTS EXCEEDING , BY 200%~~ ~~OR MORE,~~ ~~EFFLUENT 30~~
181		-	~~LIMITATIONS FOR~~ ANY ~~SINGLE PARAM ETER REQUIRED TO BE MONITORED UNDER 31~~
182		-	~~THE DISCHARGE PERMIT~~ . 32
	165	+	(2) THE PENALTIES PROVIDE D UNDER THIS SUBSECT ION ARE IN 16
	166	+	ADDITION TO ANY OTHE R CIVIL OR CRIMINAL PENALTIES PROVIDED U NDER THIS 17
	167	+	SUBTITLE. 18
183	168
184		-	(2) THE DEPARTMENT SHALL REQU IRE A PERMIT HOLDER 33
185		-	SPECIFIED UNDER PARA GRAPH (1) OF THIS SUBSECTION T O SUBMIT A WRITTEN 34
186		-	REPORT TO THE DEPARTMENT DETAILING : 35
	169	+	SECTION 2. AND BE IT FURTHER ENACTED, That: 19
	170	+
	171	+	(a) In this section, “Department” means the Department of the Environment. 20
	172	+
	173	+	(b) Subject to subsection (c) of this section, this Act shall be interpreted to apply 21
	174	+	only prospectively to discharge permits issued, renewed, or administratively continued on 22
	175	+	or after the effective date of this Act. 23
	176	+
	177	+	(c) On or before December 31, 2026, the Department shall clear the backlog of 24
	178	+	administratively continued discharge permits existing on the effective date of this Act. 25
	179	+
	180	+	(d) (1) On or before December 31, 2023, the Department shall report to the 26
	181	+	Governor and, in accordance with § 2–1257 of the State Government Article, the General 27
	182	+	Assembly on the number of additional employees necessary to: 28
	183	+
	184	+	(i) clear the backlog of administratively continued discharge 29
	185	+	permits, as required by subsection (c) of this section; and 30
187	186		SENATE BILL 492 5
188	187
189	188
190		-	(I) ~~HOW VIOLATIO NS REPORTED BY THE P ERMIT HOLDER OR~~ 1
191		-	~~NOTED~~ BY THE ~~DEPARTMENT WILL BE AD DRESSED;~~ ~~AND~~ 2
	189	+	(ii) process discharge permit renewals in a timely manner, as 1
	190	+	required by § 9–328(c) of the Environment Article, as enacted by Section 1 of this Act. 2
192	191
193		-	(II) THE ~~TIMELINE FOR ADDR ESSING THE VIOLATION S.~~ 3
	192	+	(2) The Department shall request: 3
194	193
195		-	(D) (1) IF A PERMIT HOLDER RE MAINS IN SIGNIFICANT NONCOMPLIANCE 4
196		-	FOR THE SAME UNDERLY ING CONDITION AFTER 2 CONSECUTIVE MONTHS O F 5
197		-	INSPECTIONS CONDUCTE D UNDER SUBSECTION (B)(2) (B) OF THIS SECTION , THE 6
198		-	PERMIT HOLDER SHALL BE SUBJECT TO AN ADM INISTRATIVE PENALTY OF: 7
	194	+	(i) on or before December 31, 2024, Position Identification Numbers 4
	195	+	(PINs) for at least half of the additional employees identified in the report required under 5
	196	+	paragraph (1) of this subsection; and 6
199	197
200		-	(I) FOR A PERMIT HOLDER C LASSIFIED BY THE DEPARTMENT 8
201		-	AS A MINOR FACILITY DISCHARGER : 9
	198	+	(ii) on or before December 31, 2025, PINs for the full number of 7
	199	+	additional employees identified in the report required under paragraph (1) of this 8
	200	+	subsection. 9
202	201
203		-	1. $250 WHEN THE CONDITION I S OBSERVED ON THE 10
204		-	THIRD CONSECUTIVE IN SPECTION; 11
	202	+	(e) On or before December 31, 2025, the Department shall report to the Governor 10
	203	+	and, in accordance with § 2–1257 of the State Government Article, the General Assembly 11
	204	+	on the progress toward meeting the requirements of this section. 12
205	205
206		-	2. $500 WHEN THE CONDITION I S OBSERVED ON THE 12
207		-	FOURTH CONSECUTIVE I NSPECTION; AND 13
208		-
209		-	3. $2,500 WHEN THE CONDITION I S OBSERVED ON THE 14
210		-	FIFTH CONSECUTIVE IN SPECTION OR ANY SUBS EQUENT CONSECUTIVE I NSPECTION; 15
211		-	AND 16
212		-
213		-	(II) FOR A PERMIT HOLDER C LASSIFIED BY THE DEPARTMENT 17
214		-	AS A MAJOR FACILITY DISCHARGER : 18
215		-
216		-	1. $1,000 WHEN THE CONDITION I S OBSERVED ON THE 19
217		-	THIRD CONSECUTIVE IN SPECTION; 20
218		-
219		-	2. $5,000 WHEN THE CONDITION I S OBSERVED ON THE 21
220		-	FOURTH CONSECUTIVE I NSPECTION; AND 22
221		-
222		-	3. $10,000 WHEN THE CONDITION I S OBSERVED ON THE 23
223		-	FIFTH CONSECUTIVE IN SPECTION OR ANY SUBS EQUENT CONSECUTIVE INSPECTION. 24
224		-
225		-	(2) THE PENALTIES PROVIDE D UNDER THIS SUBSECT ION ARE IN 25
226		-	ADDITION TO ANY OTHE R CIVIL OR CRIMINAL PENALTIES PROVIDED U NDER THIS 26
227		-	SUBTITLE. 27
228		-
229		-	SECTION 2. AND BE IT FURTHER ENACTED, That: 28
230		-
231		-	(a) In this section, “Department” means the Department of the Environment. 29
232		-	6 SENATE BILL 492
233		-
234		-
235		-	(b) Subject to subsection (c) of this section, this Act shall be interpreted to apply 1
236		-	only prospectively to discharge permits issued, renewed, or administratively continued on 2
237		-	or after the effective date of this Act. 3
238		-
239		-	(c) On or before December 31, 2026, the Department shall clear the backlog of 4
240		-	administratively continued discharge permits existing on the effective date of this Act. 5
241		-
242		-	(d) (c) (1) On or before December 31, 2023 October 1, 2022, the Department shall 6
243		-	report to the Governor and, in accordance with § 2–1257 of the State Government Article, 7
244		-	the General Assembly on the number of additional employees necessary to: 8
245		-
246		-	(i) clear the backlog of administratively continued discharge 9
247		-	permits, as required by subsection (c) (b) of this section; and 10
248		-
249		-	(ii) process discharge permit renewals in a timely manner, as 11
250		-	required by § 9–328(c) of the Environment Article, as enacted by Section 1 of this Act. 12
251		-
252		-	(2) The Department shall request: 13
253		-
254		-	(i) on or before December 31, 2024 2022, Position Identification 14
255		-	Numbers (PINs) for at least half of the additional employees identified in the report 15
256		-	required under paragraph (1) of this subsection; and 16
257		-
258		-	(ii) on or before December 31, 2025 2023, PINs for the full number 17
259		-	of additional employees identified in the report required under paragraph (1) of this 18
260		-	subsection. 19
261		-
262		-	(e) (d) On or before December 31, 2025, and each year thereafter, the Department 20
263		-	shall report to the Governor and, in accordance with § 2–1257 of the State Government 21
264		-	Article, the General Assembly on the progress toward meeting the requirements of this 22
265		-	section: 23
266		-
267		-	(1) the number of facilities or sites subject to discharge permits that were 24
268		-	administratively continued or expired at the end of the prior fiscal year, by census tract; 25
269		-	and 26
270		-
271		-	(2) the number of additional positions for the subsequent fiscal year that 27
272		-	the Department needs to ensure that any discharge permits that have been continued or 28
273		-	expired for more than 365 days are renewed in a timely manner. 29
274		-
275		-	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 30
276		-	1, 2022. 31
	206	+	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 13
	207	+	1, 2022. 14
277	208