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