EXPLANATION: CAPITALS INDICATE MAT TER ADDED 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.
*sb0407*
SENATE BILL 407
M3 EMERGENCY BILL 3lr2665
CF HB 848
By: Senator Ready Senators Ready and Hester
Introduced and read first time: February 1, 2023
Assigned to: Education, Energy, and the Environment
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: February 25, 2023
CHAPTER ______
AN ACT concerning 1
Drinking Water – Innovative Indirect Potable Reuse Pilot Program – 2
Establishment 3
FOR the purpose of establishing the Innovative Indirect Potable Reuse Pilot Program in 4
the Department of the Environment for the purpose of authorizing the regulated use 5
of reclaimed water as a source for certain drinking water facilities; providing for the 6
issuance of potable reuse permits under the Pilot Program; applying certain public 7
participation requirements to potable reuse permits; authorizing the Department to 8
renew a potable reuse permit on or after a certain date under certain circumstances; 9
and generally relating to the establishment of the Innovative Indirect Potable Reuse 10
Pilot Program. 11
BY repealing and reenacting, with amendments, 12
Article – Environment 13
Section 1–601(a) 14
Annotated Code of Maryland 15
(2013 Replacement Volume and 2022 Supplement) 16
BY repealing and reenacting, without amendments, 17
Article – Environment 18
Section 9–301(a) and (f) and 9–401(l) 19
Annotated Code of Maryland 20
(2014 Replacement Volume and 2022 Supplement) 21
BY adding to 22 2 SENATE BILL 407
Article – Environment 1
Section 9–303.2 and 9–303.3 2
Annotated Code of Maryland 3
(2014 Replacement Volume and 2022 Supplement) 4
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5
That the Laws of Maryland read as follows: 6
Article – Environment 7
1–601. 8
(a) Permits issued by the Department under the following sections shall be issued 9
in accordance with this subtitle: 10
(1) Air quality control permits to construct subject to § 2–404 of this article; 11
(2) Permits to install, materially alter, or materially extend landfill 12
systems, incinerators for public use, or rubble landfills subject to § 9–209 of this article; 13
(3) Permits to discharge pollutants to waters of the State issued pursuant 14
to § 9–323 of this article; 15
(4) Permits to install, materially alter, or materially extend a structure 16
used for storage or distribution of any type of sewage sludge issued, renewed, or amended 17
pursuant to § 9–234.1 or § 9–238 of this article; 18
(5) Permits to own, operate, establish, or maintain a controlled hazardous 19
substance facility issued pursuant to § 7–232 of this article; 20
(6) Permits to own, operate, or maintain a hazardous material facility 21
issued pursuant to § 7–103 of this article; [and] 22
(7) Permits to own, operate, establish, or maintain a low–level nuclear 23
waste facility issued pursuant to § 7–233 of this article; AND 24
(8) POTABLE REUSE PERMITS ISSUED IN ACCORDANCE WITH § 25
9–303.2 OF THIS ARTICLE . 26
9–301. 27
(a) In this subtitle the following words have the meanings indicated. 28
(f) “Reclaimed water” means sewage that: 29
(1) Has been treated to a high quality suitable for various reuses; and 30
SENATE BILL 407 3
(2) Has a concentration of less than: 1
(i) 3 fecal coliform colonies per 100 milliliters; 2
(ii) 10 milligrams per liter of 5–day biological oxygen demand; and 3
(iii) 10 milligrams per liter of total suspended solids. 4
9–303.2. 5
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 6
INDICATED. 7
(2) “DRINKING WATER TREATM ENT FACILITY” MEANS A FACILITY 8
THAT IS USED TO TREA T WATER IN A PUBLIC WATER SYSTEM . 9
(3) “ENVIRONMENTAL BUFFER ” MEANS A RESERVOIR , BASIN, 10
CONFINED AQUIFER , OR SIMILAR AREA ABOVE GROUND , THE PURPOSE OF WHICH IS 11
TO STORE OR IMPOUND SOURCE WATER FOR A D RINKING WATER TREATM ENT 12
FACILITY. 13
(4) “PFAS” MEANS PER– AND POLYFLUOROALKYL SUBSTANCES. 14
(5) “PILOT PROGRAM” MEANS THE INNOVATIVE INDIRECT POTABLE 15
REUSE PILOT PROGRAM. 16
(6) “POTABLE REUSE PERMIT ” MEANS A PERMIT ISSUE D BY THE 17
DEPARTMENT TO AUTHORI ZE AND REGULATE A PR OCESS TO USE RECLAIM ED 18
WATER AS A SOURCE FO R A DRINKING WATER T REATMENT FACILITY . 19
(7) “PUBLIC WATER SYSTEM ” HAS THE MEANING STATED IN § 9–401 20
OF THIS TITLE. 21
(B) THERE IS AN INNOVATIVE INDIRECT POTABLE REUSE PILOT PROGRAM 22
IN THE DEPARTMENT . 23
(C) THE PURPOSE OF THE PILOT PROGRAM IS TO AUTHORI ZE THE 24
REGULATED USE OF REC LAIMED WATER AS A SO URCE FOR DRINKING WA TER 25
TREATMENT FACIL ITIES. 26
(D) (1) THE DEPARTMENT MAY REVIEW , PERMIT, AND REGULATE A 27
PROCESS TO USE RECLA IMED WATER AS A SOUR CE FOR A DRINKING WA TER 28
TREATMENT FACILITY T HROUGH A POTABLE REU SE PERMIT IF: 29
4 SENATE BILL 407
(1) (I) THE DEPARTMENT DETERMINES THAT THE PROCESS WIL L 1
MEET OR SURPASS SAFE DRINKIN G WATER STANDARDS BE FORE WATER ENTERS TH E 2
DISTRIBUTION SYSTEM ; 3
(2) (II) THE RECLAIMED WATER I S STORED IN AN ENVIR ONMENTAL 4
BUFFER FOR A RESIDEN CE TIME OF UP TO 90 AT LEAST 180 DAYS, AS DETERMINED 5
BY THE DEPARTMENT , BEFORE INTAKE INTO A DRINKING WATER TREAT MENT 6
FACILITY; 7
(3) (III) THE RECLAIMED WATER M EETS THE FOLLOWING 8
REQUIREMENTS : 9
(I) 1. PRIMARY AND SECONDARY MAXIMUM CONTAMINANT 10
LEVELS ESTABLISHED B Y THE U.S. ENVIRONMENTAL PROTECTION AGENCY UNDER 11
40 C.F.R. §§ 141 AND 143 AND BY THE DEPARTMENT UNDER COMAR 26.04.01 12
BEFORE ENTERING THE ENVIRONMENTAL BUFFER AND BEFORE ENTERING THE 13
DISTRIBUTION SYSTEM ; 14
(II) 2. TREATMENT FOR REMOVAL OF PATHOGENS AT THE 15
WASTEWATER TREATMENT STAGE AND THE DRINKI NG WATER TREATMEN T STAGE 16
THAT MEETS OR EXCEED S: 17
1. A. 12 LOG FOR ENTERIC VIRU S REDUCTION; 18
2. B. 10 LOG FOR GIARDIA CYST REDUCTIO N; AND 19
3. C. 10 LOG CRYPTOSPORIDIUM OOCYS T REDUCTION; AND 20
(III) 3. MAXIMUM CONTROLS FOR MAXIMUM 21
CONCENTRATIONS OF PFAS CHEMICALS ESTABLISHE D BY THE DEPARTMENT , 22
NOTWITHSTANDING § 9–406(C) OR § 9–407(B) OF THIS TITLE, BUT NOT TO EXCEED 23
ANY MAXIMUM CONTAMINANT LEVELS PRIMARY DRINKING WAT ER REGULATIONS 24
ESTABLISHED BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY IN A FINAL 25
RULEMAKING UNDER THE FEDERAL SAFE DRINKING WATER ACT; 26
(4) (IV) THE RECLAIMED WATER U NDERGOES TESTING AND 27
REPORTING TO VERIFY THAT THE REQUIREMENT S OF ITEM (3) OF THIS SUBSECTION 28
ITEM (III) OF THIS PARAGRAPH ARE MET; 29
(5) (V) THE PROCESS INCLUDES : 30
(I) 1. REVERSE OSMOSIS ; AND 31
SENATE BILL 407 5
(II) 2. ULTRAVIOLET (UV) DISINFECTION AT THE DRINKING 1
WATER TREATMENT FACI LITY; 2
(6) (VI) EMERGENCY PROCEDURES ARE IN PLACE TO PROT ECT AND 3
ENSURE THE AVAILABILITY OF THE POTABLE WATER SUPPLY IF THERE IS ANY 4
FAILURE TO MEET THE DEPARTMENT ’S REQUIREMENTS ; 5
(7) (VII) THE APPLICANT GIVES T HE DEPARTMENT THE RIGHT OF 6
ENTRY ON THE PERMIT SITE AT ANY REASONAB LE TIME TO INSPECT O R 7
INVESTIGATE FOR A VI OLATION OR ANY POTENTIAL VIOL ATION OF THE POTABLE 8
REUSE PERMIT ; 9
(VIII) THE APPLICANT DEMONST RATES TO THE SATISFA CTION OF 10
THE DEPARTMENT THAT , AT ALL TIMES AND UND ER ALL OPERATING CON DITIONS, 11
THE VOLUME OF RECLAI MED WATER ENTERING T HE DRINKING WATER TR EATMENT 12
FACILITY CONTAINS NO T MORE THAN 10% BY VOLUME OF RECLAIM ED WATER THAT 13
WAS DELIVERED TO THE ENVIRONMENTAL BUFFER DURING ANY 24–HOUR PERIOD ; 14
(8) (IX) THE PROCESS INCLUDES APPROPRIATE RECORD –KEEPING 15
REQUIREMENTS ; AND 16
(9) (X) THE PROCESS COMPLIES WITH ALL OTHER APPLICABLE 17
STATUTORY AND REGULA TORY REQUIREMENTS . 18
(2) NOTWITHSTANDING SUBSE CTION (D)(1)(II) OF THIS SECTION, AN 19
APPLICANT MAY REQUES T THAT RECLAIMED WAT ER BE STORED IN AN 20
ENVIRONMENTAL BUFFER FOR LESS THAN 180 DAYS, BUT NOT LESS THAN 60 DAYS, 21
BEFORE INTAKE INTO A DRINKING WATER TREAT MENT FACILITY IF: 22
(I) THE PROCESS RELIABLY AND CONSISTENTLY MEE TS THE 23
REQUIREMENTS OF THE POTABLE REUSE PERMIT UNDER VARYING OPERAT ING 24
CONDITIONS TO THE SA TISFACTION OF THE DEPARTMENT ; AND 25
(II) THE APPLICANT DEMONSTRATES TO THE SATISFACTION OF 26
THE DEPARTMENT THAT A LOW ER RESIDENCE TIME SU FFICIENTLY PROTECTS 27
PUBLIC HEALTH . 28
(E) THE DEPARTMENT MAY INCLUD E IN A POTABLE REUSE PERMIT ANY 29
TERM, CONDITION, OR REQUIREMENT THAT THE DEPARTMENT DEEMS 30
APPROPRIATE TO PR OTECT PUBLIC HEALTH OR THE ENVIRONMENT . 31
(F) THE REQUIREMENTS OF A POTABLE REUSE PERMIT ARE 32
SUPPLEMENTAL TO AND DO NOT OVERRIDE ANY OTHER STATUTE , REGULATION , 33
PERMIT, ORDER, OR DECREE. 34 6 SENATE BILL 407
(G) THE PROVISIONS OF TITLE 1, SUBTITLE 6 OF THIS ARTICLE SHAL L 1
GOVERN THIS ISSUANCE OF POTABLE REUSE PERMIT S. 2
(H) THE DEPARTMENT SHALL ACCE PT APPLICATIONS FOR POTABLE REUSE 3
PERMITS FROM JULY 1, 2023, THROUGH JUNE 30, 2024, INCLUSIVE. 4
(I) A SUCCESSFUL APPLICATI ON FOR A POTABLE REU SE PERMIT SHALL : 5
(1) DEMONSTRATE TO THE SATISFACTION OF THE DEPARTMENT : 6
(I) THE ABILITY TO COMPLY WITH THE REQUIREMENT S OF 7
THIS SECTION; 8
(II) THE AVAILABILITY OF F UNDS TO CONSTRUCT AN D OPERATE 9
ANY NECESSARY IMPROV EMENTS; 10
(III) THE TECHNICAL AND ADM INISTRATIVE CAPACITY TO 11
PERFORM THE PROCESS COVERED UNDER THE PERMIT ; AND 12
(IV) THAT ALL NECESSARY PL ANNING AND ENGINEERI NG 13
DESIGN IS COMPLETE ; AND 14
(2) INCLUDE: 15
(I) A COMPLETED FEASIBILIT Y STUDY; AND 16
(II) ANY ADDITIONAL INFORM ATION REQUESTED BY T HE 17
DEPARTMENT . 18
(J) THE DEPARTMENT MAY REFUSE TO ISSUE A POTABLE R EUSE PERMIT IF: 19
(1) THE APPLICANT FAILS T O PROVIDE ANY INFORM ATION 20
REQUESTED BY THE DEPARTMENT ; 21
(2) THE APPLICANT FAILS O R REFUSES TO ALLOW T HE DEPARTMENT 22
TO INSPECT THE PERMI T SITE; 23
(3) THE DEPARTMENT FIN DS THAT ISSUANCE OF THE PERMIT WOULD 24
VIOLATE ANY STATE OR FEDERAL LAW OR ANY REGULATION AD OPTED UNDER ANY 25
STATE OR FEDERAL LAW ; 26
(4) THE SOURCE OF THE REC LAIMED WATER FAILS T O COMPLY WITH 27
ANY STATE OR FEDERAL LAW , ANY REGULATION ADOPT ED UNDER ANY STATE OR 28
FEDERAL LAW , OR ANY PERMIT ; OR 29 SENATE BILL 407 7
(5) THE APPLICANT FAILS T O DEMONSTRATE COMPLI ANCE WITH 1
THIS SECTION TO THE DEPARTMENT ’S SATISFACTION. 2
(K) A POTABLE REUSE PERMIT SHALL BE EFFECTIVE F OR 5 YEARS FROM 3
THE DATE OF ISSUANCE OR UNTIL TERMINATION OF THE PILOT PROGRAM, 4
WHICHEVER OCCURS FIR ST. 5
(L) BEFORE A POTABLE REUS E PERMIT EXPIRES , THE DEPARTMENT MAY 6
RENEW THE POTABLE RE USE PERMIT: 7
(1) AFTER ADMINISTRATIVE REVIEW IN ACCORDANCE WITH 8
REGULATIONS THAT THE DEPARTMENT ADOPTS ; AND 9
(2) IN ACCORDANCE WI TH TITLE 1, SUBTITLE 6 OF THIS ARTICLE. 10
(M) THE DEPARTMENT MAY REVOKE A POTABLE REUSE PERM IT ISSUED 11
UNDER THIS SECTION I F THE DEPARTMENT FINDS THAT : 12
(1) THE APPLICATION INCLU DED FALSE OR INACCUR ATE 13
INFORMATION ; 14
(2) CONDITIONS OR REQUIRE MENTS OF THE POTABLE REUSE PERMIT 15
HAVE BEEN OR ARE ABO UT TO BE VIOLATED ; 16
(3) SUBSTANTIAL DEVIATION FROM PLANS , SPECIFICATIONS , OR 17
REQUIREMENTS HAS OCC URRED OR IS ABOUT TO OCCUR; 18
(4) THE DEPARTMENT IS REFUSED ENTRY TO ANY PREMISE S FOR 19
THE PURPOSE OF INSPE CTING THE PROCESS TO ENSURE COMPLIANCE WITH THE 20
POTABLE REUSE PERMIT ; 21
(5) A CHANGE IN CONDITIONS EXISTS THAT REQUIRES THE 22
TEMPORARY OR PERMANE NT REDUCTION OR ELIM INATION OF THE USE O F 23
RECLAIMED WATER ; 24
(6) THERE IS ANY NONCOMPL IANCE WITH A DISCHAR GE PERMIT OR A 25
PRETREATMENT REQUIRE MENT THAT MAY AFFECT THE RECLAIMED WATER IN ANY 26
MANNER; 27
(7) ANY STATE OR FEDERAL WATE R QUALITY STANDARD O R 28
EFFLUENT LIMITATION HAS BEEN OR IS THREA TENED TO BE VIOLATED ; 29
8 SENATE BILL 407
(8) ANY STATE OR FEDERAL REQU IREMENT ESTABLISHED UNDER 1
THE FEDERAL SAFE DRINKING WATER ACT, SUBTITLE 4 OF THIS TITLE, OR TITLE 2
12 OF THIS ARTICLE HAS BEEN OR IS THREATENE D TO BE VIOLATED ; OR 3
(9) THE RECLAIMED WATER M AY THREATEN PUBLIC H EALTH, 4
SAFETY, COMFORT, OR THE ENVIRONMENT . 5
(N) EXCEPT AS OTHERWISE PROVIDED IN THIS SEC TION, A PUBLIC WATER 6
SYSTEM OPERATING UND ER A POTABLE REUSE P ERMIT SHALL BE SUBJE CT TO 7
REQUIREMENTS FOR PUB LIC WATER SYSTEMS TH AT USE SURFACE WATER UNDER 8
COMAR 26.04.01. 9
(N) (O) ON OR BEFORE DECEMBER 31, 2024, THE DEPARTMENT SHALL 10
REPORT TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE STATE 11
GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY ON: 12
(1) THE STATUS OF THE PILOT PROGRAM; 13
(2) WHETHER THE PILOT PROGRAM SHOULD BE EXT ENDED OR MADE 14
PERMANENT ; AND 15
(3) ANY STATUTORY OR REGU LATORY CHANGES THAT T HE 16
DEPARTMENT RECOMMENDS TO PERMANENTLY AUTHO RIZE THE REGULATED U SE 17
OF RECLAIMED WATER A S A SOURCE FOR DRINK ING WATER TREATMENT FACILITIES, 18
IF APPROPRIATE . 19
(O) (P) THE DEPARTMENT MAY ADOPT REGULATIONS TO IMPLE MENT 20
THIS SECTION. 21
9–401. 22
(l) (1) “Public water system” means a system that: 23
(i) Provides to the public water for human consumption through 24
pipes or other constructed conveyances; and 25
(ii) 1. Has at least 15 service connections; or 26
2. Regularly serves at least 25 individuals. 27
(2) “Public water system” includes: 28
(i) Any collection, treatment, storage, or distribution facility that is 29
under the control of the operator of the system and is used primarily in connection with the 30
system; and 31 SENATE BILL 407 9
(ii) Any collection or pretreatment storage facility that is not under 1
the control of the operator of the system and is used primarily in connection with the 2
system. 3
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 4
as follows: 5
Article – Environment 6
9–303.3. 7
(A) ON OR AFTER JULY 1, 2028, THE DEPARTMENT MAY RENEW A POTABLE 8
REUSE PERMIT IF : 9
(1) THE RENEWAL OCCURS BE FORE THE POTABLE REU SE PERMIT 10
EXPIRES; AND 11
(2) THE DEPARTMENT ISSUED THE ORIGINAL POTABLE REU SE 12
PERMIT ON OR BEFORE JUNE 30, 2028. 13
(B) IF THE DEPARTMENT RENEWS A P OTABLE REUSE PERMIT IN 14
ACCORDANCE WITH SUBS ECTION (A) OF THIS SECTION , THE DEPARTMENT SHALL 15
RENEW THE PERMIT : 16
(1) AFTER ADMINISTRATIVE REVIEW IN ACCORDANCE WITH 17
REGULATIONS THAT THE DEPARTMENT ADOPTS ; AND 18
(2) IN ACCORDANCE WITH TITLE 1, SUBTITLE 6 OF THIS ARTICLE. 19
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act is an emergency 20
measure, is necessary for the immediate preservation of the public health or safety, has 21
been passed by a yea and nay vote supported by three–fifths of all the members elected to 22
each of the two Houses of the General Assembly, and shall take effect from the date it is 23
enacted. It Section 1 of this Act shall remain effective through June 30, 2028, and, at the 24
end of June 30, 2028, Section 1 of this Act, with no further action required by the General 25
Assembly, shall be abrogated and of no further force and effect. 26