EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0924*
HOUSE BILL 924
M3, Q1 3lr2789
HB 621/22 – ENT
By: Delegate Grammer
Introduced and read first time: February 10, 2023
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Sewage Treatment Plants – Effluent Discharges, Discharge Permits, and 2
Property Tax Credit for Impacted Dwellings 3
FOR the purpose of requiring the Department of the Environment to monitor effluent 4
discharged from certain sewage treatment plants, evaluate whether certain effluent 5
impacts certain midge populations, and place an inspector at certain sewage 6
treatment plants under certain circumstances; requiring certain discharge permits 7
to limit nitrogen, phosphorus, and bacterial discharge under certain circumstances; 8
requiring the Department to post on its website certain status updates and steps 9
taken to address certain deficiencies; authorizing the Mayor and City Council of 10
Baltimore City or the governing body of a county or municipal corporation to grant, 11
by law, a property tax credit against the county or municipal corporation property 12
tax imposed on a certain dwelling; and generally relating to sewage treatment plants 13
and property tax credits. 14
BY adding to 15
Article – Environment 16
Section 9–321.3 17
Annotated Code of Maryland 18
(2014 Replacement Volume and 2022 Supplement) 19
BY repealing and reenacting, with amendments, 20
Article – Environment 21
Section 9–324 22
Annotated Code of Maryland 23
(2014 Replacement Volume and 2022 Supplement) 24
BY adding to 25
Article – Tax – Property 26
Section 9–268 27
Annotated Code of Maryland 28 2 HOUSE BILL 924
(2019 Replacement Volume and 2022 Supplement) 1
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
That the Laws of Maryland read as follows: 3
Article – Environment 4
9–321.3. 5
(A) THE DEPARTMENT SHALL : 6
(1) MONITOR EFFLUENT DISC HARGED FROM SEWAGE T REATMENT 7
PLANTS THAT HAVE A DISCHARGE PERMIT TO PROCESS AT LEAST 50,000,000 8
GALLONS OF EFFLUENT PER DAY; 9
(2) EVALUATE WHETHER THE EFFLUENT AND ANY NUT RIENTS IN THE 10
EFFLUENT IMPACT MIDG E POPULATIONS IN THE SURROUNDING LAND AND WATER 11
AREAS, INCLUDING WHETHER TH E EFFLUENT CONTRIBUTES TO THE GROWTH OF 12
PHYTOPLANKTON ; AND 13
(3) PLACE AN INSPECTOR AT A SEWAGE TREATMENT P LANT THAT 14
THE DEPARTMENT FINDS HAS , WITHIN THE LAST 24 MONTHS: 15
(I) RELEASED EFFLUENT OR BACTERIA BEYOND THE LIMITS 16
OF THE SEWAGE TREATM ENT PLANT’S DISCHARGE PERMIT ; 17
(II) FAILED TO MAINTAIN BA SIC OPERATION AND 18
MAINTENANCE OF THE S EWAGE TREATMENT PLAN T; OR 19
(III) FOR A SEWAGE TREATMEN T PLANT FOR WHICH TH E 20
DEPARTMENT REQUIRES A WASTEWATER CAPACIT Y PLAN, FAILED TO SUBMIT AN 21
UPDATED WASTEWATER C APACITY PLAN TO THE DEPARTMENT . 22
(B) IF AN INSPECTOR IS PLACED AT A SEWAGE T REATMENT PLANT IN 23
ACCORDANCE WITH SUBSECTION (A)(3) OF THIS SECTION , THE INSPECTOR SHALL 24
REMAIN ON SITE AT THAT PLANT UNTIL: 25
(1) DISCHARGE MONITORING REPORTS SHOW THAT TH E EFFLUENT 26
RELEASE FROM THE SEW AGE TREATMENT PLANT HAS BEEN WITHIN THE SCOPE OF 27
THE SEWAGE TREATMENT PLANT’S DISCHARGE PERMIT F OR 180 DAYS; 28
(2) THE SEWAGE TREATMENT PLANT IS IN COMPLIAN CE WITH BASIC 29
OPERATION AN D MAINTENANCE REQUIR EMENTS; AND 30
HOUSE BILL 924 3
(3) IF A WASTEWATER CAPAC ITY PLAN IS REQUIRED BY THE 1
DEPARTMENT , AN UPDATED WASTEWATE R CAPACITY PLAN HAS BEEN SUBMITTED 2
TO THE DEPARTMENT . 3
(C) EVERY OTHER WEEK THE DEPARTMENT SHALL POST ON ITS WEBSITE: 4
(1) A STATUS UPDATE FOR EACH SEWAGE TREATMENT PLA NT AT 5
WHICH AN INSPECTOR I S PLACED IN ACCORDANCE WITH SUBSECTION (A)(3) OF THIS 6
SECTION; AND 7
(2) STEPS TAKEN TO ADDRES S THE DEFICIENCIES THAT RESULTED IN 8
THE INSPECTOR BEING PLACED AT THE SEWAGE TREATMENT PLANT . 9
(D) ON OR BEFORE OCTOBER 1 EACH YEAR, BEGINNING IN 2024, THE 10
DEPARTMENT SHALL REPO RT TO THE GENERAL ASSEMBLY, IN ACCORDANCE WITH 11
§ 2–1257 OF THE STATE GOVERNMENT ARTICLE, ON THE ACTIVITIES CO NDUCTED 12
IN ACCORDANCE WITH S UBSECTIONS (A) AND (B) OF THIS SECTION. 13
9–324. 14
(a) Subject to the provisions of this section, the Department may issue a discharge 15
permit if the Department finds that the discharge meets: 16
(1) All applicable State and federal water quality standards and effluent 17
limitations; and 18
(2) All other requirements of this subtitle. 19
(b) (1) Before issuing a discharge permit, the Department and the applicant 20
shall comply with the provisions of Title 1, Subtitle 6 of this article. 21
(2) BEFORE ISSUING A DISC HARGED PERMIT TO A WASTEWAT ER 22
TREATMENT PLANT , THE DEPARTMENT SHALL COND UCT AN ANALYSIS OF T HE 23
AVAILABILITY AND VIA BILITY OF NEW POLLUT ION CONTROL TECHNOLO GIES THAT 24
MAY NOT HAVE BEEN AV AILABLE OR UTILIZED IN OTHER PLANTS SINC E A PREVIOUS 25
PERMIT WAS GRANTED . 26
(c) The informational meeting required by Title 1, Subtitle 6 of this article shall 27
be held in accordance with Title 1, Subtitle 6 of this article. 28
(D) A DISCHARGE PERMIT ISSUED BY THE DEPARTMENT TO A WASTEWATER 29
TREATMENT PLANT THAT HAS A DESIGN CAPACIT Y OF 50,000,000 GALLONS OR 30
GREATER SHALL LIMIT: 31
(1) TOTAL NITROGEN DISCHA RGED FROM THE PLANT AT 3MG/L AND 32 4 HOUSE BILL 924
TOTAL PHOSPHORUS DIS CHARGED FROM THE PLANT AT 0.3MG/L AS MEASURED ON 1
AN ANNUAL AVERAGE BASIS; AND 2
(2) THE DAILY TOTAL BACTE RIAL DISCHARGED FROM THE PLANT TO 3
BELOW THE STATISTICAL THRESHOL D VALUES FOR ENTEROCOCCI AND E. COLI 4
ESTABLISHED UNDER COMAR 26.08.02.03–3(A). 5
[(d)] (E) The Department shall give public notice of each application for a 6
discharge permit as required by Title 1, Subtitle 6 of this article, and by making available 7
to the public appropriate documents, permit applications, supporting material, plans, and 8
other relevant information. 9
Article – Tax – Property 10
9–268. 11
(A) IN THIS SECTION, “DWELLING” HAS THE MEANING STAT ED IN § 9–104 OF 12
THIS TITLE. 13
(B) THE MAYOR AND CITY COUNCIL OF BALTIMORE CITY OR THE 14
GOVERNING BODY OF A COUNTY OR MUNICIPA L CORPORATION MAY GRANT, BY LAW, 15
A PROPERTY TAX CREDI T UNDER THIS SECTION AGAINST THE COUNTY OR 16
MUNICIPAL CORPORATIO N PROPERTY TAX IMPOSED ON A DWELLING THAT I S: 17
(1) DETERMINED BY THE MAYOR AND CITY COUNCIL OF BALTIMORE 18
CITY OR THE GOVERNING BODY OF A COUNTY OR MUNICIPAL CORPORATIO N TO 19
HAVE BEEN ADVERSELY IMPACTED BY MIDGE POPULATIONS ; AND 20
(2) LOCATED WITHIN 1 MILE OF A WASTEWATER TREATMENT PLANT. 21
(C) THE MAYOR AND CITY COUNCIL OF BALTIMORE CITY OR THE 22
GOVERNING BODY OF A COUNTY OR MUNICIPAL CORPORATION MAY PROV IDE, BY 23
LAW, FOR: 24
(1) THE DURATION OF THE TAX CREDIT UNDER THIS SE CTION; 25
(2) ADDITIONAL ELIGIBILI TY CRITERIA FOR THE TAX CREDIT; AND 26
(3) ANY OTHER PROVISION NECESSARY TO CARRY O UT THE TAX 27
CREDIT UNDER THIS SE CTION. 28
(D) THE AMOUNT OF THE TAX CREDIT GRANTED UNDER THIS SECTION 29
SHALL EQUAL UP TO 100% OF ANY PROPERTY TAX IMPOSED ON THE DWELL ING. 30
HOUSE BILL 924 5
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 1
1, 2023. 2