Maryland 2023 Regular Session

Maryland House Bill HB924 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 EXISTING LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0924
6	6
7	7	HOUSE BILL 924
8	8	M3, Q1 3lr2789
9	9	HB 621/22 – ENT
10	10	By: Delegate Grammer
11	11	Introduced and read first time: February 10, 2023
12	12	Assigned to: Environment and Transportation
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Sewage Treatment Plants – Effluent Discharges, Discharge Permits, and 2
19	19	Property Tax Credit for Impacted Dwellings 3
20	20
21	21	FOR the purpose of requiring the Department of the Environment to monitor effluent 4
22	22	discharged from certain sewage treatment plants, evaluate whether certain effluent 5
23	23	impacts certain midge populations, and place an inspector at certain sewage 6
24	24	treatment plants under certain circumstances; requiring certain discharge permits 7
25	25	to limit nitrogen, phosphorus, and bacterial discharge under certain circumstances; 8
26	26	requiring the Department to post on its website certain status updates and steps 9
27	27	taken to address certain deficiencies; authorizing the Mayor and City Council of 10
28	28	Baltimore City or the governing body of a county or municipal corporation to grant, 11
29	29	by law, a property tax credit against the county or municipal corporation property 12
30	30	tax imposed on a certain dwelling; and generally relating to sewage treatment plants 13
31	31	and property tax credits. 14
32	32
33	33	BY adding to 15
34	34	Article – Environment 16
35	35	Section 9–321.3 17
36	36	Annotated Code of Maryland 18
37	37	(2014 Replacement Volume and 2022 Supplement) 19
38	38
39	39	BY repealing and reenacting, with amendments, 20
40	40	Article – Environment 21
41	41	Section 9–324 22
42	42	Annotated Code of Maryland 23
43	43	(2014 Replacement Volume and 2022 Supplement) 24
44	44
45	45	BY adding to 25
46	46	Article – Tax – Property 26
47	47	Section 9–268 27
48	48	Annotated Code of Maryland 28 2 HOUSE BILL 924
49	49
50	50
51	51	(2019 Replacement Volume and 2022 Supplement) 1
52	52
53	53	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
54	54	That the Laws of Maryland read as follows: 3
55	55
56	56	Article – Environment 4
57	57
58	58	9–321.3. 5
59	59
60	60	(A) THE DEPARTMENT SHALL : 6
61	61
62	62	(1) MONITOR EFFLUENT DISC HARGED FROM SEWAGE T REATMENT 7
63	63	PLANTS THAT HAVE A DISCHARGE PERMIT TO PROCESS AT LEAST 50,000,000 8
64	64	GALLONS OF EFFLUENT PER DAY; 9
65	65
66	66	(2) EVALUATE WHETHER THE EFFLUENT AND ANY NUT RIENTS IN THE 10
67	67	EFFLUENT IMPACT MIDG E POPULATIONS IN THE SURROUNDING LAND AND WATER 11
68	68	AREAS, INCLUDING WHETHER TH E EFFLUENT CONTRIBUTES TO THE GROWTH OF 12
69	69	PHYTOPLANKTON ; AND 13
70	70
71	71	(3) PLACE AN INSPECTOR AT A SEWAGE TREATMENT P LANT THAT 14
72	72	THE DEPARTMENT FINDS HAS , WITHIN THE LAST 24 MONTHS: 15
73	73
74	74	(I) RELEASED EFFLUENT OR BACTERIA BEYOND THE LIMITS 16
75	75	OF THE SEWAGE TREATM ENT PLANT’S DISCHARGE PERMIT ; 17
76	76
77	77	(II) FAILED TO MAINTAIN BA SIC OPERATION AND 18
78	78	MAINTENANCE OF THE S EWAGE TREATMENT PLAN T; OR 19
79	79
80	80	(III) FOR A SEWAGE TREATMEN T PLANT FOR WHICH TH E 20
81	81	DEPARTMENT REQUIRES A WASTEWATER CAPACIT Y PLAN, FAILED TO SUBMIT AN 21
82	82	UPDATED WASTEWATER C APACITY PLAN TO THE DEPARTMENT . 22
83	83
84	84	(B) IF AN INSPECTOR IS PLACED AT A SEWAGE T REATMENT PLANT IN 23
85	85	ACCORDANCE WITH SUBSECTION (A)(3) OF THIS SECTION , THE INSPECTOR SHALL 24
86	86	REMAIN ON SITE AT THAT PLANT UNTIL: 25
87	87
88	88	(1) DISCHARGE MONITORING REPORTS SHOW THAT TH E EFFLUENT 26
89	89	RELEASE FROM THE SEW AGE TREATMENT PLANT HAS BEEN WITHIN THE SCOPE OF 27
90	90	THE SEWAGE TREATMENT PLANT’S DISCHARGE PERMIT F OR 180 DAYS; 28
91	91
92	92	(2) THE SEWAGE TREATMENT PLANT IS IN COMPLIAN CE WITH BASIC 29
93	93	OPERATION AN D MAINTENANCE REQUIR EMENTS; AND 30
94	94	HOUSE BILL 924 3
95	95
96	96
97	97	(3) IF A WASTEWATER CAPAC ITY PLAN IS REQUIRED BY THE 1
98	98	DEPARTMENT , AN UPDATED WASTEWATE R CAPACITY PLAN HAS BEEN SUBMITTED 2
99	99	TO THE DEPARTMENT . 3
100	100
101	101	(C) EVERY OTHER WEEK THE DEPARTMENT SHALL POST ON ITS WEBSITE: 4
102	102
103	103	(1) A STATUS UPDATE FOR EACH SEWAGE TREATMENT PLA NT AT 5
104	104	WHICH AN INSPECTOR I S PLACED IN ACCORDANCE WITH SUBSECTION (A)(3) OF THIS 6
105	105	SECTION; AND 7
106	106
107	107	(2) STEPS TAKEN TO ADDRES S THE DEFICIENCIES THAT RESULTED IN 8
108	108	THE INSPECTOR BEING PLACED AT THE SEWAGE TREATMENT PLANT . 9
109	109
110	110	(D) ON OR BEFORE OCTOBER 1 EACH YEAR, BEGINNING IN 2024, THE 10
111	111	DEPARTMENT SHALL REPO RT TO THE GENERAL ASSEMBLY, IN ACCORDANCE WITH 11
112	112	§ 2–1257 OF THE STATE GOVERNMENT ARTICLE, ON THE ACTIVITIES CO NDUCTED 12
113	113	IN ACCORDANCE WITH S UBSECTIONS (A) AND (B) OF THIS SECTION. 13
114	114
115	115	9–324. 14
116	116
117	117	(a) Subject to the provisions of this section, the Department may issue a discharge 15
118	118	permit if the Department finds that the discharge meets: 16
119	119
120	120	(1) All applicable State and federal water quality standards and effluent 17
121	121	limitations; and 18
122	122
123	123	(2) All other requirements of this subtitle. 19
124	124
125	125	(b) (1) Before issuing a discharge permit, the Department and the applicant 20
126	126	shall comply with the provisions of Title 1, Subtitle 6 of this article. 21
127	127
128	128	(2) BEFORE ISSUING A DISC HARGED PERMIT TO A WASTEWAT ER 22
129	129	TREATMENT PLANT , THE DEPARTMENT SHALL COND UCT AN ANALYSIS OF T HE 23
130	130	AVAILABILITY AND VIA BILITY OF NEW POLLUT ION CONTROL TECHNOLO GIES THAT 24
131	131	MAY NOT HAVE BEEN AV AILABLE OR UTILIZED IN OTHER PLANTS SINC E A PREVIOUS 25
132	132	PERMIT WAS GRANTED . 26
133	133
134	134	(c) The informational meeting required by Title 1, Subtitle 6 of this article shall 27
135	135	be held in accordance with Title 1, Subtitle 6 of this article. 28
136	136
137	137	(D) A DISCHARGE PERMIT ISSUED BY THE DEPARTMENT TO A WASTEWATER 29
138	138	TREATMENT PLANT THAT HAS A DESIGN CAPACIT Y OF 50,000,000 GALLONS OR 30
139	139	GREATER SHALL LIMIT: 31
140	140
141	141	(1) TOTAL NITROGEN DISCHA RGED FROM THE PLANT AT 3MG/L AND 32 4 HOUSE BILL 924
142	142
143	143
144	144	TOTAL PHOSPHORUS DIS CHARGED FROM THE PLANT AT 0.3MG/L AS MEASURED ON 1
145	145	AN ANNUAL AVERAGE BASIS; AND 2
146	146
147	147	(2) THE DAILY TOTAL BACTE RIAL DISCHARGED FROM THE PLANT TO 3
148	148	BELOW THE STATISTICAL THRESHOL D VALUES FOR ENTEROCOCCI AND E. COLI 4
149	149	ESTABLISHED UNDER COMAR 26.08.02.03–3(A). 5
150	150
151	151	[(d)] (E) The Department shall give public notice of each application for a 6
152	152	discharge permit as required by Title 1, Subtitle 6 of this article, and by making available 7
153	153	to the public appropriate documents, permit applications, supporting material, plans, and 8
154	154	other relevant information. 9
155	155
156	156	Article – Tax – Property 10
157	157
158	158	9–268. 11
159	159
160	160	(A) IN THIS SECTION, “DWELLING” HAS THE MEANING STAT ED IN § 9–104 OF 12
161	161	THIS TITLE. 13
162	162
163	163	(B) THE MAYOR AND CITY COUNCIL OF BALTIMORE CITY OR THE 14
164	164	GOVERNING BODY OF A COUNTY OR MUNICIPA L CORPORATION MAY GRANT, BY LAW, 15
165	165	A PROPERTY TAX CREDI T UNDER THIS SECTION AGAINST THE COUNTY OR 16
166	166	MUNICIPAL CORPORATIO N PROPERTY TAX IMPOSED ON A DWELLING THAT I S: 17
167	167
168	168	(1) DETERMINED BY THE MAYOR AND CITY COUNCIL OF BALTIMORE 18
169	169	CITY OR THE GOVERNING BODY OF A COUNTY OR MUNICIPAL CORPORATIO N TO 19
170	170	HAVE BEEN ADVERSELY IMPACTED BY MIDGE POPULATIONS ; AND 20
171	171
172	172	(2) LOCATED WITHIN 1 MILE OF A WASTEWATER TREATMENT PLANT. 21
173	173
174	174	(C) THE MAYOR AND CITY COUNCIL OF BALTIMORE CITY OR THE 22
175	175	GOVERNING BODY OF A COUNTY OR MUNICIPAL CORPORATION MAY PROV IDE, BY 23
176	176	LAW, FOR: 24
177	177
178	178	(1) THE DURATION OF THE TAX CREDIT UNDER THIS SE CTION; 25
179	179
180	180	(2) ADDITIONAL ELIGIBILI TY CRITERIA FOR THE TAX CREDIT; AND 26
181	181
182	182	(3) ANY OTHER PROVISION NECESSARY TO CARRY O UT THE TAX 27
183	183	CREDIT UNDER THIS SE CTION. 28
184	184
185	185	(D) THE AMOUNT OF THE TAX CREDIT GRANTED UNDER THIS SECTION 29
186	186	SHALL EQUAL UP TO 100% OF ANY PROPERTY TAX IMPOSED ON THE DWELL ING. 30
187	187	HOUSE BILL 924 5
188	188
189	189
190	190	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 1
191	191	1, 2023. 2
192	192