Maryland 2022 Regular Session

Maryland Senate Bill SB580 Compare Versions

Only one version of the bill is available at this time.

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	5	sb0580
6	6
7	7	SENATE BILL 580
8	8	M3, M2 2lr2846
9	9	CF 2lr2918
10	10	By: Senator Bailey
11	11	Introduced and read first time: February 2, 2022
12	12	Assigned to: Education, Health, and Environmental Affairs
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Sewer Systems and Wastewater Treatment Plants – Water Pollution – Shellfish 2
19	19	Harvester Restitution 3
20	20
21	21	FOR the purpose of requiring a person responsible for a sewer overflow, treatment plant 4
22	22	bypass, or unlawful discharge from a wastewater treatment plant that results in an 5
23	23	area being closed to shellfish harvesting to pay restitution to certain shellfish 6
24	24	harvesters; and generally relating to water pollution. 7
25	25
26	26	BY adding to 8
27	27	Article – Environment 9
28	28	Section 9–342.3 10
29	29	Annotated Code of Maryland 11
30	30	(2014 Replacement Volume and 2021 Supplement) 12
31	31
32	32	BY repealing and reenacting, without amendments, 13
33	33	Article – Natural Resources 14
34	34	Section 4–1006(b) 15
35	35	Annotated Code of Maryland 16
36	36	(2018 Replacement Volume and 2021 Supplement) 17
37	37
38	38	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
39	39	That the Laws of Maryland read as follows: 19
40	40
41	41	Article – Environment 20
42	42
43	43	9–342.3. 21
44	44
45	45	(A) THIS SECTION APPLIES TO ANY SEWER OVERFLO W, TREATMENT PLANT 22
46	46	BYPASS, OR DISCHARGE FROM A WASTEWATER TREATMENT PLANT IN V IOLATION OF 23
47	47	A PERMIT ISSUED UNDE R § 9–323 OF THIS SUBTITLE THA T RESULTS IN AN AREA 24 2 SENATE BILL 580
48	48
49	49
50	50	BEING CLOSED TO SHELLFISH HARVESTING UNDER § 4–1006(B) OF THE NATURAL 1
51	51	RESOURCES ARTICLE. 2
52	52
53	53	(B) IN ADDITION TO ANY OT HER PENALTY PROVIDED BY LAW, THE 3
54	54	DEPARTMENT SHALL ORDER THE PERSON RESPONSIB LE FOR A SEWER OVERFLOW , 4
55	55	TREATMENT PLAN T BYPASS, OR DISCHARGE DESCRIB ED UNDER SUBSECTION (A) OF 5
56	56	THIS SECTION TO PAY RESTITUTION TO SHELL FISH HARVESTERS AFFE CTED BY THE 6
57	57	RESULTING CLOSURE . 7
58	58
59	59	(C) A SHELLFISH HARVESTER IS ELIGIBLE FOR REST ITUTION UNDER THIS 8
60	60	SECTION IF THE SHELL FISH HARVESTER : 9
61	61
62	62	(1) HOLDS THE APPROPRIATE AUTHORIZ ATIONS UNDER THE 10
63	63	NATURAL RESOURCES ARTICLE TO HARVEST OYSTERS O R CLAMS IN THE AREA 11
64	64	AFFECTED BY THE CLOSURE ; AND 12
65	65
66	66	(2) IS ABLE TO DEMONSTRAT E, BASED ON CATCH REPOR TS 13
67	67	SUBMITTED TO THE DEPARTMENT OF NATURAL RESOURCES, THAT THE SHELLFISH 14
68	68	HARVESTER CAUGHT OYS TERS OR CLAMS IN THE AREA AFFECTED BY THE CLOSURE 15
69	69	DURING AT LEAST ONE OF THE TWO MOST RECENT HARVEST SEASONS. 16
70	70
71	71	(D) FOR EACH ELIGIBLE SHE LLFISH HARVESTER , RESTITUTION SHALL BE 17
72	72	IN AN AMOUNT EQUAL T O THREE TIMES THE EC ONOMIC DAMAGES TO TH E 18
73	73	SHELLFISH HARVESTER CAUSED BY THE CLOSUR E, AS DETERMINED BY THE 19
74	74	DEPARTMENT . 20
75	75
76	76	Article – Natural Resources 21
77	77
78	78	4–1006. 22
79	79
80	80	(b) (1) A person may not catch oysters or clams on any area closed by the 23
81	81	Department of the Environment due to pollution. 24
82	82
83	83	(2) However, oysters may be transplanted from areas deemed polluted 25
84	84	during the closed season in accordance with the provisions of § 4–1009 of this subtitle and 26
85	85	§ 4–1106 of this title. 27
86	86
87	87	(3) (i) If the Department of the Environment closes any area to the 28
88	88	catching of oysters or clams under this subsection, in addition to the notice required in 29
89	89	subparagraph (ii) of this paragraph, the Department of Natural Resources shall mark the 30
90	90	area so that the area can be seen from the water. 31
91	91
92	92	(ii) The Department of Natural Resources shall adopt rules and 32
93	93	regulations to provide for the marking in a plain and visibly obvious fashion of any area 33
94	94	that is closed to the catching of oysters or clams because of pollution. Even in the absence 34 SENATE BILL 580 3
95	95
96	96
97	97	of such marking devices, a person may not catch oysters or clams in a restricted area as 1
98	98	designated by the Department of the Environment if notice has been given to the 2
99	99	appropriate governing body and the committee of watermen of any county affected by the 3
100	100	restriction. 4
101	101
102	102	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 5
103	103	October 1, 2022. 6