EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0407*
SENATE BILL 407
M3 EMERGENCY BILL 3lr2665
CF 3lr2672
By: Senator Ready
Introduced and read first time: February 1, 2023
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Drinking Water – Innovative Potable Reuse Pilot Program – Establishment 2
FOR the purpose of establishing the Innovative Potable Reuse Pilot Program in the 3
Department of the Environment for the purpose of authorizing the regulated use of 4
reclaimed water as a source for certain drinking water facilities; providing for the 5
issuance of potable reuse permits under the Pilot Program; applying certain public 6
participation requirements to potable reuse permits; and generally relating to the 7
establishment of the Innovative Potable Reuse Pilot Program. 8
BY repealing and reenacting, with amendments, 9
Article – Environment 10
Section 1–601(a) 11
Annotated Code of Maryland 12
(2013 Replacement Volume and 2022 Supplement) 13
BY repealing and reenacting, without amendments, 14
Article – Environment 15
Section 9–301(a) and (f) and 9–401(l) 16
Annotated Code of Maryland 17
(2014 Replacement Volume and 2022 Supplement) 18
BY adding to 19
Article – Environment 20
Section 9–303.2 21
Annotated Code of Maryland 22
(2014 Replacement Volume and 2022 Supplement) 23
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 24
That the Laws of Maryland read as follows: 25
Article – Environment 26 2 SENATE BILL 407
1–601. 1
(a) Permits issued by the Department under the following sections shall be issued 2
in accordance with this subtitle: 3
(1) Air quality control permits to construct subject to § 2–404 of this article; 4
(2) Permits to install, materially alter, or materially extend landfill 5
systems, incinerators for public use, or rubble landfills subject to § 9–209 of this article; 6
(3) Permits to discharge pollutants to waters of the State issued pursuant 7
to § 9–323 of this article; 8
(4) Permits to install, materially alter, or materially extend a structure 9
used for storage or distribution of any type of sewage sludge issued, renewed, or amended 10
pursuant to § 9–234.1 or § 9–238 of this article; 11
(5) Permits to own, operate, establish, or maintain a controlled hazardous 12
substance facility issued pursuant to § 7–232 of this article; 13
(6) Permits to own, operate, or maintain a hazardous material facility 14
issued pursuant to § 7–103 of this article; [and] 15
(7) Permits to own, operate, establish, or maintain a low–level nuclear 16
waste facility issued pursuant to § 7–233 of this article; AND 17
(8) POTABLE REUSE PERMITS ISSUED IN ACCORDANCE WITH § 18
9–303.2 OF THIS ARTICLE . 19
9–301. 20
(a) In this subtitle the following words have the meanings indicated. 21
(f) “Reclaimed water” means sewage that: 22
(1) Has been treated to a high quality suitable for various reuses; and 23
(2) Has a concentration of less than: 24
(i) 3 fecal coliform colonies per 100 milliliters; 25
(ii) 10 milligrams per liter of 5–day biological oxygen demand; and 26
(iii) 10 milligrams per liter of total suspended solids. 27
SENATE BILL 407 3
9–303.2. 1
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 2
INDICATED. 3
(2) “DRINKING WATER TREATM ENT FACILITY” MEANS A FACILITY 4
THAT IS USED TO TREAT WATER IN A PUBLIC WATER SY STEM. 5
(3) “ENVIRONMENTAL BUFFER ” MEANS A RESERVOIR , BASIN, 6
CONFINED AQUIFER , OR SIMILAR AREA , THE PURPOSE OF WHICH IS TO STORE OR 7
IMPOUND SOURCE WATER FOR A DRINKING WATER TREATMENT FACILITY . 8
(4) “PFAS” MEANS PER– AND POLYFLUOROALKYL SUBSTANCES. 9
(5) “PILOT PROGRAM” MEANS THE INNOVATIVE POTABLE REUSE 10
PILOT PROGRAM. 11
(6) “POTABLE REUSE PERMIT ” MEANS A PERMIT ISSUED BY THE 12
DEPARTMENT TO AUTHORIZE AND REG ULATE A PROCESS TO U SE RECLAIMED 13
WATER AS A SOURCE FO R A DRINKING WATER TREAT MENT FACILIT Y. 14
(7) “PUBLIC WATER SYSTEM ” HAS THE MEAN ING STATED IN § 9–401 15
OF THIS TITLE. 16
(B) THERE IS AN INNOVATIVE POTABLE REUSE PILOT PROGRAM IN THE 17
DEPARTMENT . 18
(C) THE PURPOSE OF THE PILOT PROGRAM IS TO AUTHORIZE THE 19
REGULATED USE OF REC LAIMED WATER AS A SO URCE FOR DRINKING WA TER 20
TREATMENT FACILITIES. 21
(D) THE DEPARTMENT MAY REVIEW , PERMIT, AND REGULATE A PROCE SS 22
TO USE RECLAIMED WAT ER AS A SOURCE FOR A DRINKING WATER TREAT MENT 23
FACILITY THROUGH A P OTABLE REUSE PERMIT IF: 24
(1) THE DEPARTMENT DETERMINES THAT THE PROCESS WIL L MEET 25
OR SURPASS SAFE DRINKING WATER STANDARDS BEFORE WAT ER ENTERS THE 26
DISTRIBUTION SYSTEM ; 27
(2) THE RECLAIMED WATER I S STORED IN AN ENVIR ONMENTAL 28
BUFFER FOR A RESIDEN CE TIME OF UP TO 90 DAYS, AS DETERMINED BY THE 29
DEPARTMENT , BEFORE INTAKE INTO A DRINKING WATER TREAT MENT FACILITY; 30
4 SENATE BILL 407
(3) THE RECLAIMED WATER M EETS THE FOLLOWING 1
REQUIREMENTS : 2
(I) PRIMARY AND SECONDARY MAXIMUM CONTAMINANT 3
LEVELS ESTABLISHED B Y THE U.S. ENVIRONMENTAL PROTECTION AGENCY UNDER 4
40 C.F.R. §§ 141 AND 143 AND BY THE DEPARTMENT UNDER COMAR 26.04.01 5
BEFORE ENTERING THE ENVIRONMENTAL BUFFER AND BEFORE ENTERING THE 6
DISTRIBUTION SYSTEM ; 7
(II) TREATMENT FOR REMOVAL OF PATHOGENS AT THE 8
WASTEWATER TREATMENT STAGE AND THE DRINKI NG WATER TREATMENT S TAGE 9
THAT MEETS OR EXCEED S: 10
1. 12 LOG FOR ENTERIC VIRUS REDUCTION ; 11
2. 10 LOG FOR GIARDIA CYST REDUCTIO N; AND 12
3. 10 LOG CRYPTOSPORIDIUM OOCYS T REDUCTION; AND 13
(III) MAXIMUM CONCENTRATION S OF PFAS CHEMICALS 14
ESTABLISHED BY THE DEPARTMENT , BUT NOT TO EXCEED AN Y MAXIMUM 15
CONTAMINANT LEVELS E STABLISHED BY THE U.S. ENVIRONMENTAL PROTECTION 16
AGENCY IN A FINAL RUL EMAKING UNDER THE FEDERAL SAFE DRINKING WATER 17
ACT; 18
(4) THE RECLAIMED WATER U NDERGOES T ESTING AND REPORTING 19
TO VERIFY THAT THE REQUIREMENTS OF ITEM (3) OF THIS SUBSECTION A RE MET; 20
(5) THE PROCESS INCLUDES : 21
(I) REVERSE OSMOSIS ; AND 22
(II) ULTRAVIOLET (UV) DISINFECTION AT THE DRINKING 23
WATER TREATMENT FACI LITY; 24
(6) EMERGENCY PROCEDURES ARE IN PLACE TO PROT ECT AND 25
ENSURE THE AVAILABIL ITY OF THE POTABLE W ATER SUPPLY IF THERE IS ANY 26
FAILURE TO MEET THE DEPARTMENT ’S REQUIREMENTS ; 27
(7) THE APPLICANT GIVES T HE DEPARTMENT THE RIGHT OF ENTRY 28
ON THE PERMIT SITE A T ANY REASONABLE TIM E TO INSPECT OR INVE STIGATE FOR 29
A VIOLATION OR ANY POT ENTIAL VIOLATION OF THE POTABLE REUSE PE RMIT; 30
SENATE BILL 407 5
(8) THE PROCESS INCLUDES APPROPRIATE RECORD –KEEPING 1
REQUIREMENTS ; AND 2
(9) THE PROCESS COMPLIES WITH ALL OTHER APPLI CABLE 3
STATUTORY AND REGULA TORY REQUIREMENTS . 4
(E) THE DEPARTMENT MAY INCLUD E IN A POTABLE REUSE P ERMIT ANY 5
TERM, CONDITION, OR REQUIREMENT THAT THE DEPARTMENT DEEMS 6
APPROPRIATE TO PROTE CT PUBLIC HEALTH OR THE ENVIRONMENT . 7
(F) THE REQUIREMENTS OF A POTABLE REUSE P ERMIT ARE 8
SUPPLEMENTAL TO AND DO NOT OVERRIDE ANY OTHER STATUTE , REGULATION , 9
PERMIT, ORDER, OR DECREE. 10
(G) THE PROVISIONS OF TITLE 1, SUBTITLE 6 OF THIS ARTICLE SHAL L 11
GOVERN THIS ISSUANCE OF POTABLE REUSE PERMITS . 12
(H) THE DEPARTMENT SHALL ACCE PT APPLICATIONS FOR POTABLE REUSE 13
PERMITS FROM JULY 1, 2023, THROUGH JUNE 30, 2024, INCLUSIVE. 14
(I) A SUCCESSFUL A PPLICATION FOR A POT ABLE REUSE PERMIT SHALL : 15
(1) DEMONSTRATE TO THE SATISFACTION OF THE DEPARTMENT : 16
(I) THE ABILITY TO COMPLY WITH THE REQUIREMENTS OF 17
THIS SECTION; 18
(II) THE AVAILABILITY OF FUND S TO CONSTRUCT AND O PERATE 19
ANY NECESSARY IMPROV EMENTS; 20
(III) THE TECHNICAL AND ADMINI STRATIVE CAPACITY TO 21
PERFORM THE PROCESS COVERED UNDER THE PE RMIT; AND 22
(IV) THAT ALL NECESSARY PLANNI NG AND ENGINEERING 23
DESIGN IS COMPLETE ; AND 24
(2) INCLUDE: 25
(I) A COMPLETED FEASIBILIT Y STUDY; AND 26
(II) ANY ADDITIONAL INFORMATION REQUESTE D BY THE 27
DEPARTMENT . 28
6 SENATE BILL 407
(J) THE DEPARTMENT MAY REFUSE TO ISSUE A POTABLE R EUSE PERMIT IF: 1
(1) THE APPLICANT FAILS T O PROVIDE ANY INFORM ATION 2
REQUESTED BY THE DEPARTMENT ; 3
(2) THE APPLICANT FAILS O R REFUSES TO ALLOW T HE DEPARTMENT 4
TO INSPECT THE PERMIT S ITE; 5
(3) THE DEPARTMENT FINDS THAT ISSUANCE OF THE PERM IT WOULD 6
VIOLATE ANY STATE OR FEDERAL LAW OR ANY REGULATION AD OPTED UNDER ANY 7
STATE OR FEDERAL LAW ; 8
(4) THE SOURCE OF THE REC LAIMED WATER FAILS T O COMPLY WITH 9
ANY STATE OR FEDERAL LAW, ANY REGULATION ADOPT ED UNDER ANY STATE OR 10
FEDERAL LAW , OR ANY PERMIT ; OR 11
(5) THE APPLICANT FAILS T O DEMONSTRATE COMPLI ANCE WITH 12
THIS SECTION TO THE DEPARTMENT ’S SATISFACTION. 13
(K) A POTABLE REUSE PERMIT SHALL BE EFFECTIVE F OR 5 YEARS FROM 14
THE DATE OF ISSUANCE OR UNTIL TERMINATION OF THE PILOT PROGRAM, 15
WHICHEVER OCCURS FIR ST. 16
(L) BEFORE A POTABLE REUS E PERMIT EXPIRES , THE DEPARTMENT MAY 17
RENEW THE POTABLE RE USE PERMIT: 18
(1) AFTER ADMINISTRATIVE REVIEW IN ACCORDANCE WITH 19
REGULATIONS THAT THE DEPARTMENT ADOPTS ; AND 20
(2) IN ACCORDANCE WITH TITLE 1, SUBTITLE 6 OF THIS ARTICLE. 21
(M) THE DEPARTMENT MAY REVOKE A POTABLE REUSE PERM IT ISSUED 22
UNDER THIS SECTION I F THE DEPARTMENT FINDS THAT : 23
(1) THE APPLICATION INCLU DED FALSE OR INACCUR ATE 24
INFORMATION ; 25
(2) CONDITIONS OR REQUIRE MENTS OF THE POTABLE REUSE PERMIT 26
HAVE BEEN OR ARE ABO UT TO BE VIOLATED ; 27
(3) SUBSTANTIAL DEVIATION FROM PLANS , SPECIFICATIONS , OR 28
REQUIREMENTS HAS OCC URRED OR IS ABOUT TO OCCUR; 29
SENATE BILL 407 7
(4) THE DEPARTMENT IS REFUSED ENTRY TO ANY PREMISES FOR 1
THE PURPOSE OF INSPE CTING THE PROCESS TO ENSURE COMPLIANCE WI TH THE 2
POTABLE REUSE PERMIT ; 3
(5) A CHANGE IN CONDITIONS EXISTS THAT REQUIRES THE 4
TEMPORARY OR PERMANE NT REDUCTION OR ELIM INATION OF THE USE O F 5
RECLAIMED WATER ; 6
(6) THERE IS ANY NONCOMPL IANCE WITH A DISCHAR GE PERMIT OR A 7
PRETREATMENT REQUIRE MENT THAT MAY AFFECT THE RECLAIMED WATER IN ANY 8
MANNER; 9
(7) ANY STATE OR FEDERAL WATE R QUALITY STANDARD O R 10
EFFLUENT LIMITATION HAS BEEN OR IS THREA TENED TO BE VIOLATED ; 11
(8) ANY STATE OR FEDERAL REQU IREMENT ESTABLISHED UNDER 12
THE FEDERAL SAFE DRINKING WATER ACT, SUBTITLE 4 OF THIS TITLE, OR TITLE 13
12 OF THIS ARTICLE HAS BEEN OR IS THREA TENED TO BE VIOLATED ; OR 14
(9) THE RECLAIMED WATER M AY THREATEN PUBLIC H EALTH, 15
SAFETY, COMFORT, OR THE ENVIRONMENT . 16
(N) ON OR BEFORE DECEMBER 31, 2024, THE DEPARTMENT SHALL REPO RT 17
TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE STATE 18
GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY ON: 19
(1) THE STATUS OF THE PILOT PROGRAM; 20
(2) WHETHER THE PILOT PROGRAM SHOULD BE EXTENDED OR MADE 21
PERMANENT ; AND 22
(3) ANY STATUTORY OR REGU LATORY CHANGES THAT THE 23
DEPARTMENT RECOMMENDS TO PERMANENTLY AUTHO RIZE THE REGULATED USE 24
OF RECLAIMED WATER AS A SOURCE FOR DRIN KING WATER TREATMENT FACILITIES, 25
IF APPROPRIATE . 26
(O) THE DEPARTMENT MAY ADOPT REGULATIONS TO IMPLE MENT THIS 27
SECTION. 28
9–401. 29
(l) (1) “Public water system” means a system that: 30
(i) Provides to the public water for human consumption through 31 8 SENATE BILL 407
pipes or other constructed conveyances; and 1
(ii) 1. Has at least 15 service connections; or 2
2. Regularly serves at least 25 individuals. 3
(2) “Public water system” includes: 4
(i) Any collection, treatment, storage, or distribution facility that is 5
under the control of the operator of the system and is used primarily in connection with the 6
system; and 7
(ii) Any collection or pretreatment storage facility that is not under 8
the control of the operator of the system and is used primarily in connection with the 9
system. 10
SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 11
measure, is necessary for the immediate preservation of the public health or safety, has 12
been passed by a yea and nay vote supported by three–fifths of all the members elected to 13
each of the two Houses of the General Assembly, and shall take effect from the date it is 14
enacted. It shall remain effective through June 30, 2028, and, at the end of June 30, 2028, 15
this Act, with no further action required by the General Assembly, shall be abrogated and 16
of no further force and effect. 17