Maryland 2023 Regular Session

Maryland House Bill HB607 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		hb0607
9	6
10	7		HOUSE BILL 607
11	8		M3 3lr1787
12	9		CF SB 471
13	10		By: Delegate Love
14	11		Introduced and read first time: February 3, 2023
15	12		Assigned to: Environment and Transportation
16		-	Committee Report: Favorable with amendments
17		-	House action: Adopted
18		-	Read second time: March 20, 2023
19	13
20		-	~~CHAPTER ______~~
	14	+	A BILL ENTITLED
21	15
22	16		AN ACT concerning 1
23	17
24		-	Water Pollution Control – Sediment Control Plans, Discharge Permits – Permits 2
25		-	for Stormwater Associated With Construction Activity , and Notice and 3
26		-	Comment Requirements 4
	18	+	Water Pollution Control – Discharge Permits – Stormwater Associated With 2
	19	+	Construction Activity 3
27	20
28		-	FOR the purpose of requiring the Department of the Environment to review and update 5
29		-	specifications for sediment control plans in a certain manner on or before a certain 6
30		-	date and periodically thereafter; prohibiting the Department of the Environment 7
31		-	from authorizing the discharge of stormwater associated with construction activity 8
32		-	under a general discharge permit and requiring the Department to instead require 9
33		-	an individual discharge permit under unless certain circumstances requirements are 10
34		-	satisfied; prohibiting a certain permit holder from causing, allowing, or failing to 11
35		-	control the runoff of soil or other pollutants from a construction site or causing 12
36		-	erosion into certain waters of the State; authorizing requiring the Department to 13
37		-	take certain enforcement public notice and comment actions if a person has 14
38		-	unlawfully engaged in construction activity without a discharge permit or without 15
39		-	coverage under a general discharge permit makes a certain request; and generally 16
40		-	relating to sediment control plans, permits for stormwater discharges associated 17
41		-	with construction activity, and notice and comment requirements. 18
	21	+	FOR the purpose of prohibiting the Department of the Environment from authorizing the 4
	22	+	discharge of stormwater associated with construction activity under a general 5
	23	+	discharge permit and requiring the Department to instead require an individual 6
	24	+	discharge permit under certain circumstances; prohibiting a certain permit holder 7
	25	+	from causing, allowing, or failing to control the runoff of soil or other pollutants from 8
	26	+	a construction site or causing erosion into certain waters of the State; authorizing 9
	27	+	the Department to take certain enforcement actions if a person has unlawfully 10
	28	+	engaged in construction activity without a discharge permit or without coverage 11
	29	+	under a general discharge permit; and generally relating to permits for stormwater 12
	30	+	discharges associated with construction activity. 13
42	31
43		-	BY repealing and reenacting, with amendments, 19
	32	+	BY repealing and reenacting, without amendments, 14
	33	+	Article – Environment 15
	34	+	Section 9–301(a) and (d) 16
	35	+	Annotated Code of Maryland 17
	36	+	(2014 Replacement Volume and 2022 Supplement) 18
	37	+
	38	+	BY adding to 19
44	39		Article – Environment 20
45		-	Section 4–~~105(a)~~ 21
	40	+	Section 9–323.1 21
46	41		Annotated Code of Maryland 22
47		-	(2013 Replacement Volume and 2022 Supplement) 23
48		-	2 HOUSE BILL 607
	42	+	(2014 Replacement Volume and 2022 Supplement) 23
	43	+
	44	+	BY repealing and reenacting, with amendments, 24
	45	+	Article – Environment 25
	46	+	Section 9–342 26
	47	+	Annotated Code of Maryland 27
	48	+	(2014 Replacement Volume and 2022 Supplement) 28 2 HOUSE BILL 607
49	49
50	50
51		-	BY repealing and reenacting, without amendments, 1
52		-	Article – Environment 2
53		-	Section 9–301(a) and (d) 3
54		-	Annotated Code of Maryland 4
55		-	(2014 Replacement Volume and 2022 Supplement) 5
56	51
57		-	BY adding to 6
58		-	Article – Environment 7
59		-	Section 9–323.1 8
60		-	Annotated Code of Maryland 9
61		-	(2014 Replacement Volume and 2022 Supplement) 10
	52	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
	53	+	That the Laws of Maryland read as follows: 2
62	54
63		-	BY repealing and reenacting, with amendments, 11
64		-	Article – Environment 12
65		-	Section 9–342 13
66		-	Annotated Code of Maryland 14
67		-	(2014 Replacement Volume and 2022 Supplement) 15
	55	+	Article – Environment 3
68	56
69		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
70		-	That the Laws of Maryland read as follows: 17
	57	+	9–301. 4
71	58
72		-	~~Article – Environment 18~~
	59	+	(a) In this subtitle the following words have the meanings indicated. 5
73	60
74		-	4–105. 19
	61	+	(d) “Discharge permit” means a permit issued by the Department for the 6
	62	+	discharge of any pollutant or combination of pollutants into the waters of this State. 7
75	63
76		-	(a) (1) (i) In this section, “construction” means land clearing, grubbing, 20
77		-	topsoil stripping, soil movement, grading, cutting and filling, transporting, or otherwise 21
78		-	disturbing land for any purpose. 22
	64	+	9–323.1. 8
79	65
80		-	(ii) ~~“Construction” includes land disturbing activities for~~ the ~~purpose 23~~
81		-	~~of: 24~~
	66	+	(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 9
	67	+	INDICATED. 10
82	68
83		-	1. Constructing buildings; 25
	69	+	(2) “AREA OF DISTURBANCE ” MEANS THE CUMULATIVE TOTAL AREA 11
	70	+	OF DISTURBANCE RESUL TING FROM ALL CONSTR UCTION ACTIVITY COND UCTED 12
	71	+	UNDER A COMMON PLAN OF DEVELOPMENT . 13
84	72
85		-	2. Mining minerals; 26
	73	+	(3) “CONSTRUCTION SITE ” INCLUDES MULTIPL E SITES UNDER A 14
	74	+	COMMON PLAN OF DEVEL OPMENT. 15
86	75
87		-	3. Developing golf courses; and 27
	76	+	(4) “CRITICAL AREA BUFFER” MEANS THE AREA AT LE AST 100 FEET 16
	77	+	WIDE LOCATED DIRECTL Y ADJACENT TO THE TI DAL WATERS, TIDAL WETLANDS , AND 17
	78	+	TRIBUTARY STREAMS OF THE STATE, IDENTIFIED IN ACCORD ANCE WITH TITLE 8, 18
	79	+	SUBTITLE 18 OF THE NATURAL RESOURCES ARTICLE. 19
88	80
89		-	~~4. Constructing roads and installing utilities.~~ 28
	81	+	(5) “PERMIT HOLDER ” MEANS A PERSON : 20
90	82
91		-	(2) (i) Before any person begins any construction, the appropriate 29
92		-	approval authority shall first receive, review, and approve the proposed earth change and 30
93		-	the sediment control plan. 31
	83	+	(I) HOLDING A DISCHARGE P ERMIT FOR STORMWATER 21
	84	+	ASSOCIATED WITH CONS TRUCTION ACTIVITY IS SUED BY THE DEPARTMENT ; OR 22
94	85
95		-	(ii) Except as provided in subsection (b) of this section, the approval 32
96		-	authority is: 33
	86	+	(II) AUTHORIZED BY THE DEPARTMENT FOR COVERA GE UNDER 23
	87	+	A GENERAL DISCHARGE PE RMIT FOR STORMWATER ASSOCIATED WITH 24
	88	+	CONSTRUCTION ACTIVIT Y. 25
	89	+
	90	+	(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 26
	91	+	THE DEPARTMENT MAY NOT AU THORIZE THE DISCHARG E OF STORMWATER 27
	92	+	ASSOCIATED WITH CONS TRUCTION ACTIVITY UN DER A GEN ERAL DISCHARGE 28
	93	+	PERMIT AND SHALL INS TEAD REQUIRE AN INDI VIDUAL DISCHARGE PER MIT IF: 29
97	94		HOUSE BILL 607 3
98	95
99	96
100		-	1. The appropriate soil conservation district; 1
	97	+	(I) FOR A CONSTRUCTION SI TE WITH A PROPOSED S ITE 1
	98	+	DISTURBANCE OF 10 ACRES OR MORE , ANY PORTION OF THE A REA OF DISTURBANCE 2
	99	+	IS LOCATED IN: 3
101	100
102		-	2. A municipal corporation in Montgomery County that is 2
103		-	designated by a soil conservation district under paragraph (6) of this subsection; 3
	101	+	1. A WATERSHED OR CATCHME NT THAT DRAINS TO A 4
	102	+	RECEIVING WATER DESI GNATED AS HIGH QUALI TY UNDER DEPARTMENT 5
	103	+	REGULATIONS ; 6
104	104
105		-	3. ~~Any municipality not within a soil conservation district~~; 4
	105	+	2. THE CRITICAL AREA BUFFER; OR 7
106	106
107		-	4. If a State or federal unit undertakes any construction, the 5
108		-	Department or the Department’s designee; 6
	107	+	3. A FLOODPLAIN; OR 8
109	108
110		-	5. For abandoned mine reclamation projects conducted by 7
111		-	the Department pursuant to Title 15, Subtitles 5, 6, and 11 of this article, the Department; 8
112		-	or 9
	109	+	(II) THE PERMIT APPLICANT HAS: 9
113	110
114		-	6. For large redevelopment sites, the Department. 10
	111	+	1. BEEN DETERMINED BY TH E DEPARTMENT TO BE IN 10
	112	+	SIGNIFICANT NONCOMPLIANCE WITH T HE TERMS OF ANY OTHE R DISCHARGE 11
	113	+	PERMIT MORE THAN ONC E DURING THE 365 DAYS IMMEDIATELY PRE CEDING THE 12
	114	+	DATE OF THE APPLICAT ION; OR 13
115	115
116		-	(iii) Criteria used by the Department or the Department’s designee 11
117		-	for review and approvals under subparagraph (ii)4 of this paragraph: 12
	116	+	2. UNLAWFULLY BEGUN CONS TRUCTION ACTIVITY 14
	117	+	WITHOUT A DISCHARGE PERMIT OR WITHOUT CO VERAGE UNDER A GENER AL 15
	118	+	DISCHARGE PERMIT . 16
118	119
119		-	~~1. Shall meet or exceed current Maryland standards and 13~~
120		-	~~specifications for soil erosion and sediment control; or 14~~
	120	+	(2) THIS SUBSECTION DOES NOT APPLY TO CONSTRU CTION ACTIVITY 17
	121	+	THAT: 18
121	122
122		-	~~2. If alternative standards are applied,~~ ~~shall be reviewed and 15~~
123		-	~~approved by the Department.~~ 16
	123	+	(I) DOES NOT RESULT IN TH E ESTABLISHMENT OF A NY 19
	124	+	PERMANENT RESIDENTIA L, COMMERCIAL , OR INDUSTRIAL BUILDI NG; AND 20
124	125
125		-	(3) A person may not begin or perform any construction unless the person: 17
	126	+	(II) IS SOLELY INTENDED TO RESTORE NATURAL RESO URCES, 21
	127	+	REDUCE WATER POLLUTI ON, OR IMPROVE WATER QUA LITY. 22
126	128
127		-	(i) Obtains an approved sediment control plan; 18
	129	+	(3) THE PERMIT APPLICANT IS RESPONSIBLE FOR P ROVIDING TO THE 23
	130	+	DEPARTMENT ALL INFORM ATION NECESSARY TO D ETERMINE WHETHER AN 24
	131	+	INDIVIDUAL DISCHARGE PERMIT IS REQUIRED U NDER THIS SUBSECTION . 25
128	132
129		-	(ii) Implements the measures contained in the approved sediment 19
130		-	control plan; 20
	133	+	(C) (1) A PERMIT HOLDER MAY NO T: 26
131	134
132		-	(~~iii~~) ~~Conducts the construction as specified in the sequence~~ of 21
133		-	construction ~~contained in the approved sediment control plan~~; 22
	135	+	(I) CAUSE, ALLOW, OR FAIL TO CONTROL R UNOFF OF SOIL OR 27
	136	+	OTHER POLLUTANTS FRO M A CONSTRUCTION SIT E; OR 28
134	137
135		-	(iv) ~~Maintains the provisions~~ of the ~~approved sediment control plan; 23~~
136		-	~~and 24~~
	138	+	(II) CAUSE EROSION INTO WA TERS OF THE STATE LOCATED 29
	139	+	WITHIN 500 FEET OF A CONSTRUCTI ON SITE. 30 4 HOUSE BILL 607
137	140
138		-	(v) Implements any sediment con trol measures reasonably 25
139		-	necessary to control sediment runoff. 26
140		-
141		-	(4) In consultation with the person responsible for performing the 27
142		-	construction, the Department, jurisdictions delegated enforcement authority under § 28
143		-	4–103(e)(2) of this subtitle, or the appropriate approval agency may require modifications 29
144		-	to an approved sediment control plan if the approved plan is not adequate to control 30
145		-	sediment or erosion. 31
146		-	4 HOUSE BILL 607
147		-
148		-
149		-	(5) A person performing construction that proposes a major change to an 1
150		-	approved sediment control plan shall submit the proposed change to the appropriate 2
151		-	approval authority for review and approval. 3
152		-
153		-	(6) A soil conservation district may delegate approval authority under 4
154		-	paragraph (2) of this subsection to a municipal corporation in Montgomery County that: 5
155		-
156		-	(i) Has its own sediment control review provisions that are at least 6
157		-	as stringent as the provisions of the grading and sediment control plan of the soil 7
158		-	conservation district; 8
159		-
160		-	(ii) Issues sediment control permits; and 9
161		-
162		-	(iii) Meets the necessary performance standards established by 10
163		-	written agreement between the district and the municipal corporation. 11
164		-
165		-	(7) (I) ON OR BEFORE DECEMBER 1, 2025, AND EVERY 5 YEARS 12
166		-	THEREAFTER , THE DEPARTMENT SHALL REVI EW AND UPDATE THE SP ECIFICATIONS 13
167		-	FOR SEDIMENT CONTROL PLANS . 14
168		-
169		-	(II) IN REVIEWING AND UPDA TING THE SPECIFICATI ONS FOR 15
170		-	SEDIMENT CONTROL PLA NS UNDER THIS PARAGR APH, THE DEPARTMENT SHALL : 16
171		-
172		-	1. REVISE WATER QUANTITY CONTROL STANDARDS 17
173		-	USING THE MOST RECEN T PRECIPITATION DATA AVAILABLE; 18
174		-
175		-	2. AS NECESSARY , ENSURE THAT ANY UPDA TES AND 19
176		-	REVISIONS ARE DESIGN ED TO PROTECT THE WA TERS OF THE STATE FROM 20
177		-	POLLUTION; 21
178		-
179		-	3. ENSURE THAT ANY UPDAT ES AND REVISIONS ARE NOT 22
180		-	APPLIED RETROACTIVEL Y TO PROJECTS WITH A PPROVED SEDIMENT CON TROL 23
181		-	PLANS, IF: 24
182		-
183		-	A. THE SEDIMENT CONTROL PLAN HAS NOT YET 25
184		-	EXPIRED; 26
185		-
186		-	B. CONSTRUCTION CONTRACT S HAVE BEEN AWARDED , 27
187		-	IF APPLICABLE; AND 28
188		-
189		-	C. CONSTRUCTION ACTIVITI ES HAVE COMMENCED ; AND 29
190		-
191		-	4. CONSULT WITH EROSION AND SEDIMENT CONTROL 30
192		-	EXPERTS FROM THE FOL LOWING GROUPS AND STAKEHOLDERS REGARDI NG 31
193		-	PROPOSED UPDATES TO SEDIMENT CONTROL REG ULATIONS: 32 HOUSE BILL 607 5
194		-
195		-
196		-
197		-	A. AN ACADEMIC INSTITUTI ON; 1
198		-
199		-	B. A WATERSHED PROTECTION ORGANIZATION ; 2
200		-
201		-	C. THE MARYLAND ASSOCIATION OF COUNTIES; 3
202		-
203		-	D. THE MARYLAND MUNICIPAL LEAGUE; 4
204		-
205		-	E. A PRIVATE SECTOR ORGANIZATIO N WITH DESIGN AND 5
206		-	CONSTRUCTION EXPERIE NCE; AND 6
207		-
208		-	F. THE MARYLAND ASSOCIATION OF SOIL 7
209		-	CONSERVATION DISTRICTS. 8
210		-
211		-	(III) BEFORE THE DEPARTMENT FINALIZES AN UPDATE TO THE 9
212		-	SPECIFICATIONS OF SE DIMENT CONTROL PLANS IN ACCORDANCE WITH T HIS 10
213		-	PARAGRAPH , THE DEPARTMENT SHALL REPO RT TO THE GENERAL ASSEMBLY, IN 11
214		-	ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, ON THE 12
215		-	PROPOSED UPDATE . 13
216		-
217		-	9–301. 14
218		-
219		-	(a) In this subtitle the following words have the meanings indicated. 15
220		-
221		-	(d) “Discharge permit” means a permit issued by the Department for the 16
222		-	discharge of any pollutant or combination of pollutants into the waters of this State. 17
223		-
224		-	9–323.1. 18
225		-
226		-	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 19
227		-	INDICATED. 20
228		-
229		-	(2) “AREA OF DISTURBANCE ” MEANS THE CUMULATIVE TOTAL AREA 21
230		-	OF DISTURBANCE RESUL TING FROM ALL CONSTR UCTION ACTIVITY COND UCTED 22
231		-	UNDER A COMMON PLAN OF DEVELOPMENT . 23
232		-
233		-	(3) “CONSTRUCTION SITE ” INCLUDES MULTIPLE SI TES UNDER A 24
234		-	COMMON PLAN OF DEVEL OPMENT. 25
235		-
236		-	(4) “CRITICAL AREA BUFFER” MEANS THE AREA AT LEAST 100 FEET 26
237		-	WIDE LOCATED DIRECTL Y ADJACENT TO THE TI DAL WATERS, TIDAL WETLANDS , AND 27
238		-	TRIBUTARY STREAMS OF THE STATE, IDENTIFIED IN ACCORD ANCE WITH TITLE 8, 28
239		-	SUBTITLE 18 OF THE NATURAL RESOURCES ARTICLE. 29
240		-	6 HOUSE BILL 607
241		-
242		-
243		-	(5) “PERMIT HOLDER ” MEANS A PERSON : 1
244		-
245		-	(I) HOLDING A DISCHARGE P ERMIT FOR STORMWATER 2
246		-	ASSOCIATED WITH CONS TRUCTION ACTIVITY IS SUED BY THE DEPARTMENT ; OR 3
247		-
248		-	(II) AUTHORIZED BY THE DEPARTMENT FOR COVERA GE UNDER 4
249		-	A GENERAL DISCHARGE PERMIT FOR STORMWATE R ASSOCIATED WITH 5
250		-	CONSTRUCTION ACTIVIT Y. 6
251		-
252		-	(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION 7
253		-	SUBSECTION (C) OF THIS SECTION AND FOR A CONSTRUCTION S ITE WITH A TOTAL 8
254		-	PROPOSED DISTURBED A REA OF 5 ACRES OR MORE , THE DEPARTMENT MAY NOT 9
255		-	AUTHORIZE THE DISCHA RGE OF STORMWATER AS SOCIATED WITH CON STRUCTION 10
256		-	ACTIVITY UNDER A GEN ERAL DISCHARGE PERMI T AND SHALL INSTEAD RE QUIRE AN 11
257		-	INDIVIDUAL DISCHARGE PERMIT UNTIL THE REQUIREMEN TS UNDER SUBSECTION 12
258		-	(B) OF THIS SECTION ARE SATISFIED IF: 13
259		-
260		-	(I) FOR A CONSTRUCTION SI TE WITH A PROPOSED S ITE 14
261		-	DISTURBANCE OF 10 ACRES OR MORE , IF ANY PORTION OF THE A REA OF 15
262		-	DISTURBANCE IS LOCAT ED IN: 16
263		-
264		-	1. (1) A WATERSHED OR CATCHME NT THAT DRAINS TO A 17
265		-	RECEIVING WATER DESI GNATED AS HIGH QUALI TY UNDER DEPARTMENT 18
266		-	REGULATIONS ; 19
267		-
268		-	2. (2) THE CRITICAL AREA BUFFER; OR 20
269		-
270		-	3. (3) A FLOODPLAIN AN AREA IDENTIFIED BY THE 21
271		-	FEDERAL EMERGENCY MANAGEMENT AGENCY AS HAVING A 1% CHANCE OF 22
272		-	ANNUAL FLOODING ; OR 23
273		-
274		-	(II) THE PERMIT APPLICANT HAS: 24
275		-
276		-	1. BEEN DETERMINED BY TH E DEPARTMENT TO BE IN 25
277		-	SIGNIFICANT NONCOMPL IANCE WITH THE TERMS OF ANY OTH ER DISCHARGE 26
278		-	PERMIT MORE THAN ONC E DURING THE 365 DAYS IMMEDIATELY PRE CEDING THE 27
279		-	DATE OF THE APPLICAT ION; OR 28
280		-
281		-	2. UNLAWFULLY BEGUN CONS TRUCTION ACTIVITY 29
282		-	WITHOUT A DISCHARGE PERMIT OR WITHOUT CO VERAGE UNDER A GENER AL 30
283		-	DISCHARGE PERMIT . 31
284		-
285		-	(B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , IF THE 32
286		-	DEPARTMENT RECEIVES A WRITTEN REQUEST WITH IN THE PUBLIC NOTIFI CATION 33 HOUSE BILL 607 7
287		-
288		-
289		-	PERIOD OF THE GENERA L DISCHARGE PERMIT , THE DEPARTMENT SHALL EXTE ND 1
290		-	THE PUBLIC NOTICE PE RIOD TO 60 DAYS TO PROVIDE THE REQUESTOR AN 2
291		-	OPPORTUNITY TO COMMENT ON THE POTENTIAL IMP ACT OF INADEQUATE 3
292		-	CONSTRUCTION SITE CO NTROLS ON WATERS OF THE STATE. 4
293		-
294		-	(2) THE DEPARTMENT SHALL PROM PTLY: 5
295		-
296		-	(I) ACKNOWLEDGE RECEIPT O F THE WRITTEN REQUES T; 6
297		-
298		-	(II) NOTIFY THE APPLICANT FOR THE GENERAL DISC HARGE 7
299		-	PERMIT OF THE WRITTEN REQUEST AND INCLUDE DETAILS REGARDING PO TENTIAL 8
300		-	INADEQUACIES OF PROP OSED CONSTRUCTION SI TE CONTROLS; 9
301		-
302		-	(III) REQUEST AN ELECTRONIC COPY OF THE APPROVED 10
303		-	SEDIMENT CONTROL PLA N FROM THE APPLICANT AND PROVIDE A COPY T O THE 11
304		-	REQUESTOR ; AND 12
305		-
306		-	(IV) NOTIFY THE APPLICANT IF ANY UPDATES TO TH E SEDIMENT 13
307		-	CONTROL PLAN ARE REQ UIRED BEFORE FINAL A UTHORIZATION OF THE GENERAL 14
308		-	DISCHARGE PERMIT . 15
309		-
310		-	(2) (C) THIS SUBSECTION SECTION DOES NOT APPLY TO 16
311		-	CONSTRUCTION ACTIVIT Y THAT: 17
312		-
313		-	(I) (1) DOES NOT RESULT IN THE ESTABL ISHMENT OF ANY 18
314		-	PERMANENT RESIDENTIA L, COMMERCIAL , OR INDUSTRIAL BUILDI NG; AND 19
315		-
316		-	(II) (2) IS SOLELY INTENDED TO RESTORE NATURAL 20
317		-	RESOURCES, REDUCE WATER POLLUTI ON, OR IMPROVE WATER QUA LITY. 21
318		-
319		-	(3) THE PERMIT APPLICANT IS RESPONSIBLE FO R PROVIDING TO THE 22
320		-	DEPARTMENT ALL INFORM ATION NECESSARY TO D ETERMINE WHETHER AN 23
321		-	INDIVIDUAL DISCHARGE PERMIT IS REQUIRED U NDER THIS SUBSECTION . 24
322		-
323		-	(C) (1) A PERMIT HOLDER MAY NO T: 25
324		-
325		-	(I) CAUSE, ALLOW, OR FAIL TO CONTROL R UNOFF OF SOIL OR 26
326		-	OTHER POLLUTANTS F ROM A CONSTRUCTION S ITE; OR 27
327		-
328		-	(II) CAUSE EROSION INTO WA TERS OF THE STATE LOCATED 28
329		-	WITHIN 500 FEET OF A CONSTRUCTI ON SITE. 29
330		-	8 HOUSE BILL 607
331	141
332	142
333	143		(2) THE APPROVAL OF A SED IMENT CONTROL PLAN UN DER TITLE 4, 1
334	144		SUBTITLE 1 OF THIS ARTICLE DOES NOT RELEASE A PERMIT HOLDER FROM 2
335	145		LIABILITY FOR A VIOL ATION OF PARAGRAPH (1) OF THIS SUBSECTION . 3
336	146
337	147		(3) FOLLOWING INSPECTION OR OTHERWISE ON THE COLLECTION OF 4
338	148		EVIDENCE OF A VIOLAT ION OF PARAG RAPH (1) OF THIS SUBSECTION , THE 5
339	149		DEPARTMENT OR AN ENFO RCEMENT UNIT , OFFICER, OR OFFICIAL OF A LOC AL 6
340	150		GOVERNMENT WITH DELE GATED AUTHORITY MAY ORDER THE PERMIT HOL DER TO 7
341	151		REMEDIATE ANY DAMAGE CAUSED BY THE VIOLAT ION. 8
342	152
343	153		(D) IF THE DEPARTMENT DETERMINES THAT A PERSON HAS UNLAWFULL Y 9
344	154		ENGAGED IN CONSTRUCT ION ACTIVITY WITHOUT A DISCHARGE PERMIT O R 10
345	155		WITHOUT COVERAGE UND ER A GENERAL DISCHAR GE PERMIT, THE DEPARTMENT 11
346	156		SHALL: 12
347	157
348	158		(1) ORDER THE PERSON TO I MMEDIATELY CEASE ALL 13
349	159		CONSTRUCTION ACTIVIT Y; 14
350	160
351	161		(2) NOTIFY THE PERSON OF THE REQUIREMENT TO O BTAIN A 15
352	162		DISCHARGE PERMIT IN ACCORDANCE WITH SUBSECTION (B) OF THIS SECTION; AND 16
353	163
354	164		(3) COMMENCE AN ENFORCEME NT ACTION AGAINST TH E PERSON TO: 17
355	165
356	166		(I) IMPOSE CIVIL OR ADMINISTRATIVE PENAL TIES IN 18
357	167		ACCORDANCE WITH § 9–342 OF THIS SUBTITLE ; AND 19
358	168
359	169		(II) SEEK ANY INJUNCTIVE R ELIEF THE DEPARTMENT 20
360	170		DETERMINES NECESSARY TO MITIGATE HARM TO THE ENVIRONMENT OR 21
361	171		SURROUNDING PROPERTY OWNERS. 22
362	172
363	173		9–342. 23
364	174
365	175		(a) (1) In addition to being subject to an injunctive action under this subtitle, 24
366	176		a person who violates any provision of this subtitle or of any rule, regulation, order, or 25
367	177		permit adopted or issued under this subtitle is liable to a civil penalty [not exceeding 26
368	178		$10,000], to be collected in a civil action brought by the Department. 27
369	179
370	180		(2) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS SUBSECTION , A 28
371	181		CIVIL PENALTY IMPOSE D UNDER THIS SUBSECT ION MAY NOT EXCEED $10,000 PER 29
372	182		VIOLATION. 30
373	183
374	184		(3) FOR A VIOLATION OF § 9–323.1(D) OF THIS SUBTITLE , THE CIVIL 31
375		-	PENALTY IMPOSED UNDE R THIS SUBSECTION : 32
376		-	~~HOUSE BILL 607 9~~
	185	+	PENALTY IMPOSED UNDE R THIS SUBSECTION : 32 HOUSE BILL 607 5
	186	+
377	187
378	188
379	189		(I) SHALL BE ASSESSED ON THE BASIS OF THE ACR EAGE OF 1
380	190		LAND DISTURBED BY CO NSTRUCTION ACTIVITY THAT WAS NOT AUTHORI ZED UNDER 2
381	191		A DISCHARGE PERMIT ; AND 3
382	192
383	193		(II) MAY NOT BE LESS THAN $25,000 PER ACRE OF LAND 4
384	194		UNLAWFULLY DISTURBED . 5
385	195
386	196		(4) Each day a violation occurs is a separate violation under this 6
387	197		subsection. 7
388	198
389	199		(b) (1) In addition to any other remedies available at law or in equity and after 8
390	200		an opportunity for a hearing which may be waived in writing by the person accused of a 9
391	201		violation, the Department may impose a penalty for violation of any provision of this 10
392	202		subtitle or any rule, regulation, order, or permit adopted or issued under this subtitle. 11
393	203
394	204		(2) [The] EXCEPT AS PROVIDED IN PARAGRAP H (3) OF THIS 12
395	205		SUBSECTION, THE penalty imposed on a person under this subsection shall be: 13
396	206
397	207		(i) Up to $10,000 for each violation, but not exceeding $100,000 14
398	208		total; and 15
399	209
400	210		(ii) Assessed with consideration given to: 16
401	211
402	212		1. The willfulness of the violation, the extent to which the 17
403	213		existence of the violation was known to but uncorrected by the violator, and the extent to 18
404	214		which the violator exercised reasonable care; 19
405	215
406	216		2. Any actual harm to the environment or to human health, 20
407	217		including injury to or impairment of the use of the waters of this State or the natural 21
408	218		resources of this State; 22
409	219
410	220		3. The cost of cleanup and the cost of restoration of natural 23
411	221		resources; 24
412	222
413	223		4. The nature and degree of injury to or interference with 25
414	224		general welfare, health, and property; 26
415	225
416	226		5. The extent to which the location of the violation, including 27
417	227		location near waters of this State or areas of human population, creates the potential for 28
418	228		harm to the environment or to human health or safety; 29
419	229
420	230		6. The available technology and economic reasonableness of 30
421	231		controlling, reducing, or eliminating the violation; 31
422		-
423		-	7. The degree of hazard posed by the particular pollutant or 32
424		-	pollutants involved; and 33 10 HOUSE BILL 607
	232	+	6 HOUSE BILL 607
425	233
426	234
	235	+	7. The degree of hazard posed by the particular pollutant or 1
	236	+	pollutants involved; and 2
427	237
428		-	8. The extent to which the current violation is part of a 1
429		-	recurrent pattern of the same or similar type of violation committed by the violator. 2
	238	+	8. The extent to which the current violation is part of a 3
	239	+	recurrent pattern of the same or similar type of violation committed by the violator. 4
430	240
431		-	(3) THE PENALTY IMPOSED O N A PERSON UNDER THI S SUBSECTION 3
432		-	FOR A VIOLATION OF § 9–323.1(D) OF THIS SUBTITLE : 4
	241	+	(3) THE PENALTY IMPOSED O N A PERSON UNDER THI S SUBSECTION 5
	242	+	FOR A VIOLATION OF § 9–323.1(D) OF THIS SUBTITLE : 6
433	243
434		-	(I) SHALL BE ASSESSED ON THE BASIS OF THE ACR EAGE OF 5
435		-	LAND ~~DISTURBED~~ BY ~~CO NSTRUCTION~~ ACTIVITY THAT WAS ~~NOT AUTHORI ZED~~ UNDER 6
436		-	A DISCHARGE PERMIT ; AND 7
	244	+	(I) SHALL BE ASSESSED ON THE BASIS OF THE ACR EAGE OF 7
	245	+	LAND DISTUR BED BY CONSTRUCTION ACTIVITY THAT WAS NO T AUTHORIZED UNDER 8
	246	+	A DISCHARGE PERMIT ; AND 9
437	247
438		-	(II) MAY NOT BE LESS THAN $25,000 PER ACRE OF LAND 8
439		-	UNLAWFULLY DISTURBED . 9
	248	+	(II) MAY NOT BE LESS THAN $25,000 PER ACRE OF LAND 10
	249	+	UNLAWFULLY DISTURBED . 11
440	250
441		-	(4) Each day a violation occurs is a separate violation under this 10
442		-	subsection. 11
	251	+	(4) Each day a violation occurs is a separate violation under this 12
	252	+	subsection. 13
443	253
444		-	[(4)] (5) Any penalty imposed under this subsection is payable to this 12
445		-	State and collectible in any manner provided at law for the collection of debts. 13
	254	+	[(4)] (5) Any penalty imposed under this subsection is payable to this 14
	255	+	State and collectible in any manner provided at law for the collection of debts. 15
446	256
447		-	[(5)] (6) If any person who is liable to pay a penalty imposed under this 14
448		-	subsection fails to pay it after demand, the amount, together with interest and any costs 15
449		-	that may accrue, shall be: 16
	257	+	[(5)] (6) If any person who is liable to pay a penalty imposed under this 16
	258	+	subsection fails to pay it after demand, the amount, together with interest and any costs 17
	259	+	that may accrue, shall be: 18
450	260
451		-	(i) A lien in favor of this State on any property, real or personal, of 17
452		-	the person; and 18
	261	+	(i) A lien in favor of this State on any property, real or personal, of 19
	262	+	the person; and 20
453	263
454		-	(ii) Recorded in the office of the clerk of court for the county in which 19
455		-	the property is located. 20
	264	+	(ii) Recorded in the office of the clerk of court for the county in which 21
	265	+	the property is located. 22
456	266
457		-	[(6)] (7) Any penalty collected under this subsection shall be placed in a 21
458		-	special fund to be used for monitoring and surveillance by the Department to assure and 22
459		-	maintain an adequate record of any violations, including discharge of waste material and 23
460		-	other pollutants into the waters of this State or into the environment. 24
	267	+	[(6)] (7) Any penalty collected under this subsection shall be placed in a 23
	268	+	special fund to be used for monitoring and surveillance by the Department to assure and 24
	269	+	maintain an adequate record of any violations, including discharge of waste material and 25
	270	+	other pollutants into the waters of this State or into the environment. 26
461	271
462		-	SECTION 2. AND BE IT FURTHER ENACTED, That, on or before November 1, 25
463		-	2023, the Department of the Environment shall report to the General Assembly, in 26
464		-	accordance with § 2–1257 of the State Government Article, on the Department’s plans and 27
465		-	resources needed for reviewing and updating specifications for sediment control plans. 28
466		-
467		-	SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 29
468		-	October 1, 2023. 30
469		-
470		-
	272	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 27
	273	+	October 1, 2023. 28
471	274