WES MOORE, Governor Ch. 66
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Chapter 66
(House Bill 30)
AN ACT concerning
Environment – On–Site Wastewater Services – Board, Fees, and Penalties
FOR the purpose of altering the composition of the State Board of On–Site Wastewater
Professionals; clarifying and altering the distribution of certain fees and penalties;
clarifying the application of certain license requirements and penalties; and
generally relating to the regulation of on–site wastewater services.
BY repealing and reenacting, with amendments,
Article – Environment
Section 9–217.2, 9–11A–06(a), and 9–11A–15
Annotated Code of Maryland
(2014 Replacement Volume and 2022 Supplement)
BY repealing and reenacting, without amendments,
Article – Environment
Section 9–11A–01(a) and (b) and 9–11A–11
Annotated Code of Maryland
(2014 Replacement Volume and 2022 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Environment
9–217.2.
(a) In this section, “license holder” means an individual who holds a valid on–site
wastewater property transfer inspection license issued by the Department under this
section.
(b) This section does not apply to an individual who inspects an on–site sewage
disposal system as a part of the individual’s duties as an employee of the federal
government, the State, or any local government of the State.
(c) On or after July 1, 2022, an individual may not engage in the business of
inspecting an on–site sewage disposal system FOR THE PURPOSE OF P ROPERTY
TRANSFER unless the individual holds a valid on–site wastewater property transfer
inspection license issued by the Department.
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(d) (1) On or before January 1, 2022, the Department shall adopt regulations
establishing eligibility criteria, minimum training standards for on–site wastewater
property transfer inspection licenses, the frequency with which licenses must be renewed,
and the fees for license applications and renewals.
(2) The regulations adopted under this subsection shall require that:
(i) The training include instruction on determining whether an
on–site sewage disposal system is:
1. In need of replacement or repair; and
2. Not in compliance with statutory or r egulatory
requirements; and
(ii) Each inspection performed by a license holder follows the
inspection format provided by the Department.
(e) (1) An applicant for a license under this section shall:
[(1)] (I) Submit an application to the Department on the form the
Department provides; and
[(2)] (II) Pay an application fee set by the Department.
(2) APPLICATION FEES COLL ECTED BY THE DEPARTMENT UNDER
THIS SUBSECTION SHAL L BE PAID INTO THE ON–SITE WASTEWATER
PROFESSIONALS FUND ESTABLISHED UNDE R § 9–11A–11 OF THIS TITLE.
(f) (1) An individual who violates a provision of this section or any regulation
adopted under this section is subject to an administrative penalty not exceeding $10,000.
(2) Each on–site sewage disposal system that an individual knowingly
inspects FOR THE PURPOSE OF P ROPERTY TRANSFER without a valid on–site
wastewater property transfer inspection license constitutes a separate violation of this
section.
(3) Any administrative penalty collected by the Department under this
subsection shall be paid into the [separate account within the Bay Restoration Fund
established under § 9–1605.2(h)] MARYLAND CLEAN WATER FUND ESTABLISHED
UNDER § 9–320 of this title.
(g) A local government may establish additional requirements for inspections of
on–site sewage disposal systems.
WES MOORE, Governor Ch. 66
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9–11A–01.
(a) In this subtitle the following words have the meanings indicated.
(b) “Board” means the State Board of On–Site Wastewater Professionals.
9–11A–06.
(a) (1) The Board consists of the following members:
(i) The Secretary, or the Secretary’s designee;
(ii) Six individuals appointed by the Governor with the advice of the
Secretary and with the advice and consent of the Senate;
(iii) One individual designated by the Maryland Onsite Wastewater
Professionals Association; and
(iv) One representative of the Maryland Conference of Local
Environmental Health Directors, designated by the Maryland Conference of Local
Environmental Health Directors.
(2) Of the members of the Board:
(i) At least [six] FIVE shall be on–site wastewater professionals;
and
(ii) Two shall be consumer members.
(3) (i) [Of the] THE on–site wastewater professional members of the
Board[:
1. At least one shall be from the area that consists of
Allegany County, Frederick County, Garrett County, and Washington County;
2. At least one shall be from the area that consists of
Baltimore City, Baltimore County, Carroll County, Harford County, Howard County, and
Montgomery County;
3. At least one shall be from the area that consists of Anne
Arundel County and Prince George’s County;
4. At least one shall be from the area that consists of Caroline
County, Cecil County, Dorchester County, Kent County, Queen Anne’s County, Somerset
County, Talbot County, Wicomico County, and Worcester County; and
Ch. 66 2023 LAWS OF MARYLAND
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5. At least one shall be from the area that consists of Calvert
County, Charles County, and St. Mary’s County] SHALL BE REPRESENTAT IVE OF ALL
GEOGRAPHIC REGIONS O F THE STATE.
(ii) Before July 1, 2026, the on–site wastewater professional
members of the Board shall:
1. Be licensed by a local government; or
2. Hold a letter from the local health department stating that
the member has been providing on–site wastewater services for a minimum of 7 years and
is in good standing.
(iii) On and after July 1, 2026, and in accordance with this subtitle,
the on–site wastewater professional members of the Board shall be licensed by the Board.
(4) Each consumer member of the Board:
(i) Shall be a member of the general public;
(ii) May not be a licensee or otherwise be subject to regulation by the
Board;
(iii) May not be required to meet the qualifications for the
professional members of the Board; and
(iv) May not, within 1 year before appointment, have had a financial
interest in or have received compensation from a person regulated by the Board.
9–11A–11.
(a) In this section, “Fund” means the On–Site Wastewater Professionals Fund.
(b) There is an On–Site Wastewater Professionals Fund.
(c) The purpose of the Fund is to provide funding to maintain the Board.
(d) The Board shall administer the Fund.
(e) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of
the State Finance and Procurement Article.
(2) The State Treasurer shall hold the Fund separately, and the
Comptroller shall account for the Fund.
(f) The Fund consists of: WES MOORE, Governor Ch. 66
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(1) All fees, penalties, and fines collected under this subtitle;
(2) Money appropriated in the State budget to the Fund;
(3) Interest earnings of the Fund;
(4) Donations to the Fund; and
(5) Any other money from any other source accepted for the benefit of the
Fund.
(g) The Fund shall be used only to pay for the cost of creating the Board,
maintenance of the Board, reasonable administrative costs, and implement the provisions
of this subtitle.
(h) (1) The State Treasurer shall invest the money of the Fund in the same
manner as other State money may be invested.
(2) Any interest earnings of the Fund shall be credited to the Fund.
(i) Expenditures from the Fund may be made only in accordance with the State
budget.
(j) Money expended from the Fund to maintain the Board or implement the
provisions of this subtitle is supplemental to and is not intended to take the place of funding
that otherwise would be appropriated for the Board.
9–11A–15.
(a) (1) Except as provided in paragraph (2) of this subsection, an individual
shall be licensed by the Board in accordance with this subtitle before the individual may
provide on–site wastewater services in the State.
(2) (i) An individual who provides on–site wastewater services in the
State may continue to provide on–site wastewater services until the licensing requirements
are established by the Department by regulation if the individual:
1. Complies with all applicable State and local laws and
regulations;
2. On or before December 31, 2022, pays to the Department
a fee of $150; and
3. Every 2 years thereafter until the Department sets fees in
accordance with § 9–11A–10 of this subtitle, pays to the Department a renewal fee of $150. Ch. 66 2023 LAWS OF MARYLAND
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(ii) All fees collected by the Department under this paragraph shall
be [used]:
1. PAID INTO THE ON–SITE WASTEWATER
PROFESSIONALS FUND ESTABLISHED UNDE R § 9–11A–11 OF THIS SUBTITLE; AND
2. USED by the Department to:
[1.] A. Pay for the creation of the Board;
[2.] B. Cover reasonable administrative costs; and
[3.] C. Implement the provisions of this subtitle.
(b) To qualify for a license, an applicant shall meet the requirements established
by the Department by regulation.
(c) To apply for a license, an applicant shall:
(1) Submit to the Board an application on the form that the Board provides;
and
(2) Pay to the Board the required application fee set by the Department by
regulation.
(d) A license issued by the Board in accordance with this subtitle is valid for 2
years.
(e) In accordance with the requirements established by the Department by
regulation, the Board may issue a certification to an individual to perform specific tasks
associated with on–site wastewater services if the individual:
(1) Is licensed by the Board; or
(2) Holds a professional license that is approved by the Board.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency
measure, is necessary for the immediate preservation of the public health or safety, has
been passed by a yea and nay vote supported by three–fifths of all the members elected to
each of the two Houses of the General Assembly, and shall take effect from the date it is
enacted.
Approved by the Governor, April 11, 2023.