EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW .
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0607*
HOUSE BILL 607
M3 3lr1787
CF SB 471
By: Delegate Love
Introduced and read first time: February 3, 2023
Assigned to: Environment and Transportation
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 20, 2023
CHAPTER ______
AN ACT concerning 1
Water Pollution Control – Sediment Control Plans, Discharge Permits – Permits 2
for Stormwater Associated With Construction Activity , and Notice and 3
Comment Requirements 4
FOR the purpose of requiring the Department of the Environment to review and update 5
specifications for sediment control plans in a certain manner on or before a certain 6
date and periodically thereafter; prohibiting the Department of the Environment 7
from authorizing the discharge of stormwater associated with construction activity 8
under a general discharge permit and requiring the Department to instead require 9
an individual discharge permit under unless certain circumstances requirements are 10
satisfied; prohibiting a certain permit holder from causing, allowing, or failing to 11
control the runoff of soil or other pollutants from a construction site or causing 12
erosion into certain waters of the State; authorizing requiring the Department to 13
take certain enforcement public notice and comment actions if a person has 14
unlawfully engaged in construction activity without a discharge permit or without 15
coverage under a general discharge permit makes a certain request; and generally 16
relating to sediment control plans, permits for stormwater discharges associated 17
with construction activity, and notice and comment requirements. 18
BY repealing and reenacting, with amendments, 19
Article – Environment 20
Section 4–105(a) 21
Annotated Code of Maryland 22
(2013 Replacement Volume and 2022 Supplement) 23
2 HOUSE BILL 607
BY repealing and reenacting, without amendments, 1
Article – Environment 2
Section 9–301(a) and (d) 3
Annotated Code of Maryland 4
(2014 Replacement Volume and 2022 Supplement) 5
BY adding to 6
Article – Environment 7
Section 9–323.1 8
Annotated Code of Maryland 9
(2014 Replacement Volume and 2022 Supplement) 10
BY repealing and reenacting, with amendments, 11
Article – Environment 12
Section 9–342 13
Annotated Code of Maryland 14
(2014 Replacement Volume and 2022 Supplement) 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17
Article – Environment 18
4–105. 19
(a) (1) (i) In this section, “construction” means land clearing, grubbing, 20
topsoil stripping, soil movement, grading, cutting and filling, transporting, or otherwise 21
disturbing land for any purpose. 22
(ii) “Construction” includes land disturbing activities for the purpose 23
of: 24
1. Constructing buildings; 25
2. Mining minerals; 26
3. Developing golf courses; and 27
4. Constructing roads and installing utilities. 28
(2) (i) Before any person begins any construction, the appropriate 29
approval authority shall first receive, review, and approve the proposed earth change and 30
the sediment control plan. 31
(ii) Except as provided in subsection (b) of this section, the approval 32
authority is: 33
HOUSE BILL 607 3
1. The appropriate soil conservation district; 1
2. A municipal corporation in Montgomery County that is 2
designated by a soil conservation district under paragraph (6) of this subsection; 3
3. Any municipality not within a soil conservation district; 4
4. If a State or federal unit undertakes any construction, the 5
Department or the Department’s designee; 6
5. For abandoned mine reclamation projects conducted by 7
the Department pursuant to Title 15, Subtitles 5, 6, and 11 of this article, the Department; 8
or 9
6. For large redevelopment sites, the Department. 10
(iii) Criteria used by the Department or the Department’s designee 11
for review and approvals under subparagraph (ii)4 of this paragraph: 12
1. Shall meet or exceed current Maryland standards and 13
specifications for soil erosion and sediment control; or 14
2. If alternative standards are applied, shall be reviewed and 15
approved by the Department. 16
(3) A person may not begin or perform any construction unless the person: 17
(i) Obtains an approved sediment control plan; 18
(ii) Implements the measures contained in the approved sediment 19
control plan; 20
(iii) Conducts the construction as specified in the sequence of 21
construction contained in the approved sediment control plan; 22
(iv) Maintains the provisions of the approved sediment control plan; 23
and 24
(v) Implements any sediment con trol measures reasonably 25
necessary to control sediment runoff. 26
(4) In consultation with the person responsible for performing the 27
construction, the Department, jurisdictions delegated enforcement authority under § 28
4–103(e)(2) of this subtitle, or the appropriate approval agency may require modifications 29
to an approved sediment control plan if the approved plan is not adequate to control 30
sediment or erosion. 31
4 HOUSE BILL 607
(5) A person performing construction that proposes a major change to an 1
approved sediment control plan shall submit the proposed change to the appropriate 2
approval authority for review and approval. 3
(6) A soil conservation district may delegate approval authority under 4
paragraph (2) of this subsection to a municipal corporation in Montgomery County that: 5
(i) Has its own sediment control review provisions that are at least 6
as stringent as the provisions of the grading and sediment control plan of the soil 7
conservation district; 8
(ii) Issues sediment control permits; and 9
(iii) Meets the necessary performance standards established by 10
written agreement between the district and the municipal corporation. 11
(7) (I) ON OR BEFORE DECEMBER 1, 2025, AND EVERY 5 YEARS 12
THEREAFTER , THE DEPARTMENT SHALL REVI EW AND UPDATE THE SP ECIFICATIONS 13
FOR SEDIMENT CONTROL PLANS . 14
(II) IN REVIEWING AND UPDA TING THE SPECIFICATI ONS FOR 15
SEDIMENT CONTROL PLA NS UNDER THIS PARAGR APH, THE DEPARTMENT SHALL : 16
1. REVISE WATER QUANTITY CONTROL STANDARDS 17
USING THE MOST RECEN T PRECIPITATION DATA AVAILABLE; 18
2. AS NECESSARY , ENSURE THAT ANY UPDA TES AND 19
REVISIONS ARE DESIGN ED TO PROTECT THE WA TERS OF THE STATE FROM 20
POLLUTION; 21
3. ENSURE THAT ANY UPDAT ES AND REVISIONS ARE NOT 22
APPLIED RETROACTIVEL Y TO PROJECTS WITH A PPROVED SEDIMENT CON TROL 23
PLANS, IF: 24
A. THE SEDIMENT CONTROL PLAN HAS NOT YET 25
EXPIRED; 26
B. CONSTRUCTION CONTRACT S HAVE BEEN AWARDED , 27
IF APPLICABLE; AND 28
C. CONSTRUCTION ACTIVITI ES HAVE COMMENCED ; AND 29
4. CONSULT WITH EROSION AND SEDIMENT CONTROL 30
EXPERTS FROM THE FOL LOWING GROUPS AND STAKEHOLDERS REGARDI NG 31
PROPOSED UPDATES TO SEDIMENT CONTROL REG ULATIONS: 32 HOUSE BILL 607 5
A. AN ACADEMIC INSTITUTI ON; 1
B. A WATERSHED PROTECTION ORGANIZATION ; 2
C. THE MARYLAND ASSOCIATION OF COUNTIES; 3
D. THE MARYLAND MUNICIPAL LEAGUE; 4
E. A PRIVATE SECTOR ORGANIZATIO N WITH DESIGN AND 5
CONSTRUCTION EXPERIE NCE; AND 6
F. THE MARYLAND ASSOCIATION OF SOIL 7
CONSERVATION DISTRICTS. 8
(III) BEFORE THE DEPARTMENT FINALIZES AN UPDATE TO THE 9
SPECIFICATIONS OF SE DIMENT CONTROL PLANS IN ACCORDANCE WITH T HIS 10
PARAGRAPH , THE DEPARTMENT SHALL REPO RT TO THE GENERAL ASSEMBLY, IN 11
ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, ON THE 12
PROPOSED UPDATE . 13
9–301. 14
(a) In this subtitle the following words have the meanings indicated. 15
(d) “Discharge permit” means a permit issued by the Department for the 16
discharge of any pollutant or combination of pollutants into the waters of this State. 17
9–323.1. 18
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 19
INDICATED. 20
(2) “AREA OF DISTURBANCE ” MEANS THE CUMULATIVE TOTAL AREA 21
OF DISTURBANCE RESUL TING FROM ALL CONSTR UCTION ACTIVITY COND UCTED 22
UNDER A COMMON PLAN OF DEVELOPMENT . 23
(3) “CONSTRUCTION SITE ” INCLUDES MULTIPLE SI TES UNDER A 24
COMMON PLAN OF DEVEL OPMENT. 25
(4) “CRITICAL AREA BUFFER” MEANS THE AREA AT LEAST 100 FEET 26
WIDE LOCATED DIRECTL Y ADJACENT TO THE TI DAL WATERS, TIDAL WETLANDS , AND 27
TRIBUTARY STREAMS OF THE STATE, IDENTIFIED IN ACCORD ANCE WITH TITLE 8, 28
SUBTITLE 18 OF THE NATURAL RESOURCES ARTICLE. 29
6 HOUSE BILL 607
(5) “PERMIT HOLDER ” MEANS A PERSON : 1
(I) HOLDING A DISCHARGE P ERMIT FOR STORMWATER 2
ASSOCIATED WITH CONS TRUCTION ACTIVITY IS SUED BY THE DEPARTMENT ; OR 3
(II) AUTHORIZED BY THE DEPARTMENT FOR COVERA GE UNDER 4
A GENERAL DISCHARGE PERMIT FOR STORMWATE R ASSOCIATED WITH 5
CONSTRUCTION ACTIVIT Y. 6
(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION 7
SUBSECTION (C) OF THIS SECTION AND FOR A CONSTRUCTION S ITE WITH A TOTAL 8
PROPOSED DISTURBED A REA OF 5 ACRES OR MORE , THE DEPARTMENT MAY NOT 9
AUTHORIZE THE DISCHA RGE OF STORMWATER AS SOCIATED WITH CON STRUCTION 10
ACTIVITY UNDER A GEN ERAL DISCHARGE PERMI T AND SHALL INSTEAD RE QUIRE AN 11
INDIVIDUAL DISCHARGE PERMIT UNTIL THE REQUIREMEN TS UNDER SUBSECTION 12
(B) OF THIS SECTION ARE SATISFIED IF: 13
(I) FOR A CONSTRUCTION SI TE WITH A PROPOSED S ITE 14
DISTURBANCE OF 10 ACRES OR MORE , IF ANY PORTION OF THE A REA OF 15
DISTURBANCE IS LOCAT ED IN: 16
1. (1) A WATERSHED OR CATCHME NT THAT DRAINS TO A 17
RECEIVING WATER DESI GNATED AS HIGH QUALI TY UNDER DEPARTMENT 18
REGULATIONS ; 19
2. (2) THE CRITICAL AREA BUFFER; OR 20
3. (3) A FLOODPLAIN AN AREA IDENTIFIED BY THE 21
FEDERAL EMERGENCY MANAGEMENT AGENCY AS HAVING A 1% CHANCE OF 22
ANNUAL FLOODING ; OR 23
(II) THE PERMIT APPLICANT HAS: 24
1. BEEN DETERMINED BY TH E DEPARTMENT TO BE IN 25
SIGNIFICANT NONCOMPL IANCE WITH THE TERMS OF ANY OTH ER DISCHARGE 26
PERMIT MORE THAN ONC E DURING THE 365 DAYS IMMEDIATELY PRE CEDING THE 27
DATE OF THE APPLICAT ION; OR 28
2. UNLAWFULLY BEGUN CONS TRUCTION ACTIVITY 29
WITHOUT A DISCHARGE PERMIT OR WITHOUT CO VERAGE UNDER A GENER AL 30
DISCHARGE PERMIT . 31
(B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , IF THE 32
DEPARTMENT RECEIVES A WRITTEN REQUEST WITH IN THE PUBLIC NOTIFI CATION 33 HOUSE BILL 607 7
PERIOD OF THE GENERA L DISCHARGE PERMIT , THE DEPARTMENT SHALL EXTE ND 1
THE PUBLIC NOTICE PE RIOD TO 60 DAYS TO PROVIDE THE REQUESTOR AN 2
OPPORTUNITY TO COMMENT ON THE POTENTIAL IMP ACT OF INADEQUATE 3
CONSTRUCTION SITE CO NTROLS ON WATERS OF THE STATE. 4
(2) THE DEPARTMENT SHALL PROM PTLY: 5
(I) ACKNOWLEDGE RECEIPT O F THE WRITTEN REQUES T; 6
(II) NOTIFY THE APPLICANT FOR THE GENERAL DISC HARGE 7
PERMIT OF THE WRITTEN REQUEST AND INCLUDE DETAILS REGARDING PO TENTIAL 8
INADEQUACIES OF PROP OSED CONSTRUCTION SI TE CONTROLS; 9
(III) REQUEST AN ELECTRONIC COPY OF THE APPROVED 10
SEDIMENT CONTROL PLA N FROM THE APPLICANT AND PROVIDE A COPY T O THE 11
REQUESTOR ; AND 12
(IV) NOTIFY THE APPLICANT IF ANY UPDATES TO TH E SEDIMENT 13
CONTROL PLAN ARE REQ UIRED BEFORE FINAL A UTHORIZATION OF THE GENERAL 14
DISCHARGE PERMIT . 15
(2) (C) THIS SUBSECTION SECTION DOES NOT APPLY TO 16
CONSTRUCTION ACTIVIT Y THAT: 17
(I) (1) DOES NOT RESULT IN THE ESTABL ISHMENT OF ANY 18
PERMANENT RESIDENTIA L, COMMERCIAL , OR INDUSTRIAL BUILDI NG; AND 19
(II) (2) IS SOLELY INTENDED TO RESTORE NATURAL 20
RESOURCES, REDUCE WATER POLLUTI ON, OR IMPROVE WATER QUA LITY. 21
(3) THE PERMIT APPLICANT IS RESPONSIBLE FO R PROVIDING TO THE 22
DEPARTMENT ALL INFORM ATION NECESSARY TO D ETERMINE WHETHER AN 23
INDIVIDUAL DISCHARGE PERMIT IS REQUIRED U NDER THIS SUBSECTION . 24
(C) (1) A PERMIT HOLDER MAY NO T: 25
(I) CAUSE, ALLOW, OR FAIL TO CONTROL R UNOFF OF SOIL OR 26
OTHER POLLUTANTS F ROM A CONSTRUCTION S ITE; OR 27
(II) CAUSE EROSION INTO WA TERS OF THE STATE LOCATED 28
WITHIN 500 FEET OF A CONSTRUCTI ON SITE. 29
8 HOUSE BILL 607
(2) THE APPROVAL OF A SED IMENT CONTROL PLAN U NDER TITLE 4, 1
SUBTITLE 1 OF THIS ARTICLE DOES NOT RELEASE A PERMIT HOLDER FROM 2
LIABILITY FOR A VIOL ATION OF PARAGRAPH (1) OF THIS SUBSECTION . 3
(3) FOLLOWING INSPECTION OR OTHERWISE ON THE COLLECTION OF 4
EVIDENCE OF A VIOLAT ION OF PARAGRAPH (1) OF THIS SUBSECTION , THE 5
DEPARTMENT OR AN ENFO RCEMENT UNIT , OFFICER, OR OFFICIAL OF A LOC AL 6
GOVERNMENT WITH DELE GATED AUTHORITY MAY ORDER THE PERMIT HOL DER TO 7
REMEDIATE ANY DAMAGE CAUSED BY THE VIOLAT ION. 8
(D) IF THE DEPARTMENT DETERMINES THAT A PERSON HAS UN LAWFULLY 9
ENGAGED IN CONSTRUCT ION ACTIVITY WITHOUT A DISCHARGE PERMIT O R 10
WITHOUT COVER AGE UNDER A GENERAL DISCHARGE PERMIT , THE DEPARTMENT 11
SHALL: 12
(1) ORDER THE PERSON TO I MMEDIATELY CEASE ALL 13
CONSTRUCTION ACTIVIT Y; 14
(2) NOTIFY THE PERSON OF THE REQUIREMENT TO O BTAIN A 15
DISCHARGE PERMIT IN ACCORDANCE WITH SUBS ECTION (B) OF THIS SECTION; AND 16
(3) COMMENCE AN ENFORCEME NT ACTION AGAINST TH E PERSON TO: 17
(I) IMPOSE CIVIL OR ADMIN ISTRATIVE PENALTIES IN 18
ACCORDANCE WITH § 9–342 OF THIS SUBTITLE ; AND 19
(II) SEEK ANY INJUNCTIVE R ELIEF THE DEPARTMENT 20
DETERMINES NECESSARY TO MITIGATE HARM TO THE ENVIRONMENT OR 21
SURROUNDING PROPERTY OWNERS. 22
9–342. 23
(a) (1) In addition to being subject to an injunctive action under this subtitle, 24
a person who violates any provision of this subtitle or of any rule, regulation, order, or 25
permit adopted or issued under this subtitle is liable to a civil penalty [not exceeding 26
$10,000], to be collected in a civil action brought by the Department. 27
(2) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS SUBSECTION , A 28
CIVIL PENALTY IMPOSE D UNDER THIS SUBSECT ION MAY NOT EX CEED $10,000 PER 29
VIOLATION. 30
(3) FOR A VIOLATION OF § 9–323.1(D) OF THIS SUBTITLE , THE CIVIL 31
PENALTY IMPOSED UNDE R THIS SUBSECTION : 32
HOUSE BILL 607 9
(I) SHALL BE ASSESSED ON THE BASIS OF THE ACR EAGE OF 1
LAND DISTURBED BY CO NSTRUCTION ACTIVITY THAT WAS NOT AUTHORI ZED UNDER 2
A DISCHARGE PERMIT ; AND 3
(II) MAY NOT BE LESS THAN $25,000 PER ACRE OF LAND 4
UNLAWFULLY DISTURBED . 5
(4) Each day a violation occurs is a separate violation under this 6
subsection. 7
(b) (1) In addition to any other remedies available at law or in equity and after 8
an opportunity for a hearing which may be waived in writing by the person accused of a 9
violation, the Department may impose a penalty for violation of any provision of this 10
subtitle or any rule, regulation, order, or permit adopted or issued under this subtitle. 11
(2) [The] EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS 12
SUBSECTION, THE penalty imposed on a person under this subsection shall be: 13
(i) Up to $10,000 for each violation, but not exceeding $100,000 14
total; and 15
(ii) Assessed with consideration given to: 16
1. The willfulness of the violation, the extent to which the 17
existence of the violation was known to but uncorrected by the violator, and the extent to 18
which the violator exercised reasonable care; 19
2. Any actual harm to the environment or to human health, 20
including injury to or impairment of the use of the waters of this State or the natural 21
resources of this State; 22
3. The cost of cleanup and the cost of restoration of natural 23
resources; 24
4. The nature and degree of injury to or interference with 25
general welfare, health, and property; 26
5. The extent to which the location of the violation, including 27
location near waters of this State or areas of human population, creates the potential for 28
harm to the environment or to human health or safety; 29
6. The available technology and economic reasonableness of 30
controlling, reducing, or eliminating the violation; 31
7. The degree of hazard posed by the particular pollutant or 32
pollutants involved; and 33 10 HOUSE BILL 607
8. The extent to which the current violation is part of a 1
recurrent pattern of the same or similar type of violation committed by the violator. 2
(3) THE PENALTY IMPOSED O N A PERSON UNDER THI S SUBSECTION 3
FOR A VIOLATION OF § 9–323.1(D) OF THIS SUBTITLE : 4
(I) SHALL BE ASSESSED ON THE BASIS OF THE ACR EAGE OF 5
LAND DISTURBED BY CO NSTRUCTION ACTIVITY THAT WAS NOT AUTHORI ZED UNDER 6
A DISCHARGE PERMIT ; AND 7
(II) MAY NOT BE LESS THAN $25,000 PER ACRE OF LAND 8
UNLAWFULLY DISTURBED . 9
(4) Each day a violation occurs is a separate violation under this 10
subsection. 11
[(4)] (5) Any penalty imposed under this subsection is payable to this 12
State and collectible in any manner provided at law for the collection of debts. 13
[(5)] (6) If any person who is liable to pay a penalty imposed under this 14
subsection fails to pay it after demand, the amount, together with interest and any costs 15
that may accrue, shall be: 16
(i) A lien in favor of this State on any property, real or personal, of 17
the person; and 18
(ii) Recorded in the office of the clerk of court for the county in which 19
the property is located. 20
[(6)] (7) Any penalty collected under this subsection shall be placed in a 21
special fund to be used for monitoring and surveillance by the Department to assure and 22
maintain an adequate record of any violations, including discharge of waste material and 23
other pollutants into the waters of this State or into the environment. 24
SECTION 2. AND BE IT FURTHER ENACTED, That, on or before November 1, 25
2023, the Department of the Environment shall report to the General Assembly, in 26
accordance with § 2–1257 of the State Government Article, on the Department’s plans and 27
resources needed for reviewing and updating specifications for sediment control plans. 28
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 29
October 1, 2023. 30