WES MOORE, Governor Ch. 123
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Chapter 123
(Senate Bill 407)
AN ACT concerning
Drinking Water – Innovative Indirect Potable Reuse Pilot Program –
Establishment
FOR the purpose of establishing the Innovative Indirect Potable Reuse Pilot Program in
the Department of the Environment for the purpose of authorizing the regulated use
of reclaimed water as a source for certain drinking water facilities; providing for the
issuance of potable reuse permits under the Pilot Program; applying certain public
participation requirements to potable reuse permits; authorizing the Department to
renew a potable reuse permit on or after a certain date under certain circumstances;
and generally relating to the establishment of the Innovative Indirect Potable Reuse
Pilot Program.
BY repealing and reenacting, with amendments,
Article – Environment
Section 1–601(a)
Annotated Code of Maryland
(2013 Replacement Volume and 2022 Supplement)
BY repealing and reenacting, without amendments,
Article – Environment
Section 9–301(a) and (f) and 9–401(l)
Annotated Code of Maryland
(2014 Replacement Volume and 2022 Supplement)
BY adding to
Article – Environment
Section 9–303.2 and 9–303.3
Annotated Code of Maryland
(2014 Replacement Volume and 2022 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Environment
1–601.
(a) Permits issued by the Department under the following sections shall be issued
in accordance with this subtitle:
(1) Air quality control permits to construct subject to § 2–404 of this article; Ch. 123 2023 LAWS OF MARYLAND
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(2) Permits to install, materially alter, or materially extend landfill
systems, incinerators for public use, or rubble landfills subject to § 9–209 of this article;
(3) Permits to discharge pollutants to waters of the State issued pursuant
to § 9–323 of this article;
(4) Permits to install, materially alter, or materially extend a structure
used for storage or distribution of any type of sewage sludge issued, renewed, or amended
pursuant to § 9–234.1 or § 9–238 of this article;
(5) Permits to own, operate, establish, or maintain a controlled hazardous
substance facility issued pursuant to § 7–232 of this article;
(6) Permits to own, operate, or maintain a hazardous material facility
issued pursuant to § 7–103 of this article; [and]
(7) Permits to own, operate, establish, or maintain a low–level nuclear
waste facility issued pursuant to § 7–233 of this article; AND
(8) POTABLE REUSE PERMITS ISSUED IN ACCORDANCE WITH §
9–303.2 OF THIS ARTICLE .
9–301.
(a) In this subtitle the following words have the meanings indicated.
(f) “Reclaimed water” means sewage that:
(1) Has been treated to a high quality suitable for various reuses; and
(2) Has a concentration of less than:
(i) 3 fecal coliform colonies per 100 milliliters;
(ii) 10 milligrams per liter of 5–day biological oxygen demand; and
(iii) 10 milligrams per liter of total suspended solids.
9–303.2.
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
INDICATED.
WES MOORE, Governor Ch. 123
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(2) “DRINKING WATER TREATM ENT FACILITY” MEANS A FACILITY
THAT IS USED TO TREA T WATER IN A PUBLIC WATER SYSTEM .
(3) “ENVIRONMENTAL BUFFER ” MEANS A RESERVOIR , BASIN,
CONFINED A QUIFER, OR SIMILAR AREA ABOVE GROUND , THE PURPOSE OF WHICH IS
TO STORE OR IMPOUND SOURCE WATER FOR A D RINKING WATER TREATM ENT
FACILITY.
(4) “PFAS” MEANS PER– AND POLYFLUOROALKYL SUBSTANCES.
(5) “PILOT PROGRAM” MEANS THE INNOVATIVE INDIRECT POTABLE
REUSE PILOT PROGRAM.
(6) “POTABLE REUSE PERMIT ” MEANS A PERMIT ISSUE D BY THE
DEPARTMENT TO AUTHORI ZE AND REGULATE A PR OCESS TO USE RECLAIM ED
WATER AS A SOURCE FO R A DRINKING WATER T REATMENT FACILITY .
(7) “PUBLIC WATER SYSTEM ” HAS THE MEANING STAT ED IN § 9–401
OF THIS TITLE.
(B) THERE IS AN INNOVATIVE INDIRECT POTABLE REUSE PILOT PROGRAM
IN THE DEPARTMENT .
(C) THE PURPOSE OF THE PILOT PROGRAM IS TO AUTHORI ZE THE
REGULATED USE OF REC LAIMED WATER AS A SO URCE FOR DRINKING WA TER
TREATMENT FACILITIES .
(D) (1) THE DEPARTMENT MAY REVIEW , PERMIT, AND REGULATE A
PROCESS TO USE RECLA IMED WATER AS A SOUR CE FOR A DRINKING WA TER
TREATMENT FACILITY T HROUGH A POTABLE REU SE PERMIT IF:
(1) (I) THE DEPARTMENT DETERMINES THAT THE PROCESS WIL L
MEET OR SURPASS SAFE DRINKING WATER STAND ARDS BEFORE WATER EN TERS THE
DISTRIBUTION SYSTEM ;
(2) (II) THE RECLAIMED WATER I S STORED IN AN ENVIR ONMENTAL
BUFFER FOR A RESIDEN CE TIME OF UP TO 90 AT LEAST 180 DAYS, AS DETERMINED
BY THE DEPARTMENT , BEFORE INTAKE INTO A DRINKING WATER TREAT MENT
FACILITY;
(3) (III) THE RECLAIMED WATER M EETS THE FOLLOWING
REQUIREMENTS :
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(I) 1. PRIMARY AND SECONDARY MAXIMUM CONTAMINANT
LEVELS ESTABLISHED B Y THE U.S. ENVIRONMENTAL PROTECTION AGENCY UNDER
40 C.F.R. §§ 141 AND 143 AND BY THE DEPARTMENT UNDER COMAR 26.04.01
BEFORE ENTERING THE ENVIRONMENTAL BUFFER AND BEFORE ENTERING THE
DISTRIBUTION SYSTEM ;
(II) 2. TREATMENT FOR REMOVAL OF PATHOGENS AT THE
WASTEWATER TREATMENT STAGE AND THE DRINKI NG WATER TREATMEN T STAGE
THAT MEETS OR EXCEED S:
1. A. 12 LOG FOR ENTERIC VIRU S REDUCTION;
2. B. 10 LOG FOR GIARDIA CYST REDUCTIO N; AND
3. C. 10 LOG CRYPTOSPORIDIUM OOCYS T REDUCTION; AND
(III) 3. MAXIMUM CONTROLS FOR MAXIMUM
CONCENTRATIONS OF PFAS CHEMICALS ESTABLISHE D BY THE DEPARTMENT ,
NOTWITHSTANDING § 9–406(C) OR § 9–407(B) OF THIS TITLE, BUT NOT TO EXCEED
ANY MAXIMUM CONTAMINANT LEVELS PRIMARY DRINKING WAT ER REGULATIONS
ESTABLISHED BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY IN A FINAL
RULEMAKING UNDER THE FEDERAL SAFE DRINKING WATER ACT;
(4) (IV) THE RECLAIMED WATER U NDERGOES TESTING AND
REPORTING TO VERIFY THAT THE REQUIREMENT S OF ITEM (3) OF THIS SUBSECTION
ITEM (III) OF THIS PARAGRAPH ARE MET;
(5) (V) THE PROCESS INCLUDES :
(I) 1. REVERSE OSMOSIS ; AND
(II) 2. ULTRAVIOLET (UV) DISINFECTION AT THE DRINKING
WATER TREATMENT FACI LITY;
(6) (VI) EMERGENCY PROCEDURES ARE IN PLACE TO PROT ECT AND
ENSURE THE AVAILABILITY OF THE POTABLE WATER SUPPLY IF THERE IS ANY
FAILURE TO MEET THE DEPARTMENT ’S REQUIREMENTS ;
(7) (VII) THE APPLICANT GIVES T HE DEPARTMENT THE RIGHT OF
ENTRY ON THE PERMIT SITE AT ANY REASONAB LE TIME TO INSPECT O R
INVESTIGATE FOR A VI OLATION OR ANY POTENTIAL VIO LATION OF THE POTABL E
REUSE PERMIT ;
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(VIII) THE APPLICANT DEMONST RATES TO THE SATISFA CTION OF
THE DEPARTMENT THAT , AT ALL TIMES AND UND ER ALL OPERATING CON DITIONS,
THE VOLUME OF RECLAI MED WATER ENTERING T HE DRINKING WATER TR EATMENT
FACILITY CONTAINS NO T MORE THAN 10% BY VOLUME OF RECLAIM ED WATER THAT
WAS DELIVERED TO THE ENVIRONMENTAL BUFFER DURING ANY 24–HOUR PERIOD ;
(8) (IX) THE PROCESS INCLUDES APPROPRIATE RECORD –KEEPING
REQUIREMENTS ; AND
(9) (X) THE PROCESS COMPLIES WITH ALL OTHER APPLICABLE
STATUTORY AND REGULA TORY REQUIREMENTS .
(2) NOTWITHSTANDING SUBSE CTION (D)(1)(II) OF THIS SECTION, AN
APPLICANT MAY REQUES T THAT RECLAIMED WAT ER BE STORED IN AN
ENVIRONMENTAL BUFFER FOR LESS THAN 180 DAYS, BUT NOT LESS THAN 60 DAYS,
BEFORE INTAKE INTO A DRINKING WATER TREAT MENT FACILITY IF:
(I) THE PROCESS RELIABLY AND CONSISTENTLY MEE TS THE
REQUIREMENTS OF THE POTABLE REUSE PERMIT UNDER VARYING OPERAT ING
CONDITIONS TO THE SA TISFACTION OF THE DEPARTMENT ; AND
(II) THE APPLICANT DEMONSTRATES TO THE SATISFACTION OF
THE DEPARTMENT THAT A LOW ER RESIDENCE TIME SU FFICIENTLY PROTECTS
PUBLIC HEALTH .
(E) THE DEPARTMENT MAY INCLUD E IN A POTABLE REUSE PERMIT ANY
TERM, CONDITION, OR REQUIREMENT THAT THE DEPARTMENT DEEMS
APPROPRIATE TO PR OTECT PUBLIC HEALTH OR THE ENVIRONMENT .
(F) THE REQUIREMENTS OF A POTABLE REUSE PERMIT ARE
SUPPLEMENTAL TO AND DO NOT OVERRIDE ANY OTHER STATUTE , REGULATION ,
PERMIT, ORDER, OR DECREE.
(G) THE PROVISIONS OF TITLE 1, SUBTITLE 6 OF THIS ARTICLE SHAL L
GOVERN THIS ISSUANCE OF POTABLE REUSE PERMIT S.
(H) THE DEPARTMENT SHALL ACCE PT APPLICATIONS FOR POTABLE REUSE
PERMITS FROM JULY 1, 2023, THROUGH JUNE 30, 2024, INCLUSIVE.
(I) A SUCCESSFUL APPLICATI ON FOR A POTABLE REU SE PERMIT SHALL :
(1) DEMONSTRATE TO THE SATISFACTION OF THE DEPARTMENT :
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(I) THE ABILITY TO COMPLY WITH THE REQUIREMENT S OF
THIS SECTION;
(II) THE AVAILABILITY OF F UNDS TO CONSTRUCT AN D OPERATE
ANY NECESSARY IMPROV EMENTS;
(III) THE TECHNICAL AND ADM INISTRATIVE CAPACITY TO
PERFORM THE PROCESS COVERED UNDER THE PERMIT ; AND
(IV) THAT ALL NECESSARY PL ANNING AND ENGINEERI NG
DESIGN IS COMPLETE ; AND
(2) INCLUDE:
(I) A COMPLETED FEASIBILIT Y STUDY; AND
(II) ANY ADDITIONAL INFORM ATION REQUESTED BY T HE
DEPARTMENT .
(J) THE DEPARTMENT MAY REFUSE T O ISSUE A POTABLE RE USE PERMIT IF:
(1) THE APPLICANT FAILS T O PROVIDE ANY INFORM ATION
REQUESTED BY THE DEPARTMENT ;
(2) THE APPLICANT FAILS O R REFUSES TO ALLOW T HE DEPARTMENT
TO INSPECT THE PERMI T SITE;
(3) THE DEPARTMENT FINDS THAT ISSUANCE OF THE PERMIT WOULD
VIOLATE ANY STATE OR FEDERAL LAW OR ANY REGULATION AD OPTED UNDER ANY
STATE OR FEDERAL LAW ;
(4) THE SOURCE OF THE REC LAIMED WATER FAILS T O COMPLY WITH
ANY STATE OR FEDERAL LAW , ANY REGULATION ADOPT ED UNDER ANY STATE OR
FEDERAL LAW, OR ANY PERMIT ; OR
(5) THE APPLICANT FAILS T O DEMONSTRATE COMPLI ANCE WITH
THIS SECTION TO THE DEPARTMENT ’S SATISFACTION.
(K) A POTABLE REUSE PERMIT SHALL BE EFFECTIVE F OR 5 YEARS FROM
THE DATE OF ISSUANCE OR UNTIL TERMINATION OF THE PILOT PROGRAM,
WHICHEVER OCCURS FIR ST.
(L) BEFORE A POTABLE REUS E PERMIT EXPIRES , THE DEPARTMENT MAY
RENEW THE POTABLE RE USE PERMIT: WES MOORE, Governor Ch. 123
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(1) AFTER ADMINISTRATIVE REVIEW IN ACCORDANCE WITH
REGULATIONS THAT THE DEPARTMENT ADOPTS ; AND
(2) IN ACCORDANCE WITH TITLE 1, SUBTITLE 6 OF THIS ARTICLE.
(M) THE DEPARTMENT MAY REVOKE A POTABLE REUSE PERM IT ISSUED
UNDER THIS SECTION I F THE DEPARTMENT FINDS THAT :
(1) THE APPLICATION INCLU DED FALSE OR INACCUR ATE
INFORMATION ;
(2) CONDITIONS OR REQUIRE MENTS OF THE PO TABLE REUSE PERMIT
HAVE BEEN OR ARE ABO UT TO BE VIOLATED ;
(3) SUBSTANTIAL DEVIATION FROM PLANS , SPECIFICATIONS , OR
REQUIREMENTS HAS OCC URRED OR IS ABOUT TO OCCUR;
(4) THE DEPARTMENT IS REFUSED ENTRY TO ANY PREMISE S FOR
THE PURPOSE OF INSPE CTING THE P ROCESS TO ENSURE COM PLIANCE WITH THE
POTABLE REUSE PERMIT ;
(5) A CHANGE IN CONDITIONS EXISTS THAT REQUIRES THE
TEMPORARY OR PERMANE NT REDUCTION OR ELIM INATION OF THE USE O F
RECLAIMED WATER ;
(6) THERE IS ANY NONCOMPL IANCE WITH A DISCHAR GE PERMIT OR A
PRETREATMENT REQUIRE MENT THAT MAY AFFECT THE RECLAIMED WATER IN ANY
MANNER;
(7) ANY STATE OR FEDERAL WATE R QUALITY STANDARD O R
EFFLUENT LIMITATION HAS BEEN OR IS THREA TENED TO BE VIOLATED ;
(8) ANY STATE OR FEDERAL REQU IREMENT ESTABLISHED UNDER
THE FEDERAL SAFE DRINKING WATER ACT, SUBTITLE 4 OF THIS TITLE, OR TITLE
12 OF THIS ARTICLE HAS BEEN OR IS THREATENE D TO BE VIOLATED ; OR
(9) THE RECLAIMED WATER M AY THREATEN PUBLIC H EALTH,
SAFETY, COMFORT, OR THE ENVIRONMENT .
(N) EXCEPT AS OTHERWISE P ROVIDED IN THIS SECTION, A PUBLIC WATER
SYSTEM OPERATING UND ER A POTABLE REUSE P ERMIT SHALL BE SUBJE CT TO
REQUIREMENTS FOR PUB LIC WATER SYSTEMS TH AT USE SURFACE WATER UNDER
COMAR 26.04.01. Ch. 123 2023 LAWS OF MARYLAND
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(N) (O) ON OR BEFORE DECEMBER 31, 2024, THE DEPARTMENT SHALL
REPORT TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE STATE
GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY ON:
(1) THE STATUS OF THE PILOT PROGRAM;
(2) WHETHER THE PILOT PROGRAM SHOULD BE EXT ENDED OR MADE
PERMANENT ; AND
(3) ANY STATUTORY OR REGU LATORY CH ANGES THAT THE
DEPARTMENT RECOMMENDS TO PERMANENTLY AUTHO RIZE THE REGULATED U SE
OF RECLAIMED WATER A S A SOURCE FOR DRINK ING WATER TREATMENT FACILITIES,
IF APPROPRIATE .
(O) (P) THE DEPARTMENT MAY ADOPT REGULATIONS TO IMPLE MENT
THIS SECTION.
9–401.
(l) (1) “Public water system” means a system that:
(i) Provides to the public water for human consumption through
pipes or other constructed conveyances; and
(ii) 1. Has at least 15 service connections; or
2. Regularly serves at least 25 individuals.
(2) “Public water system” includes:
(i) Any collection, treatment, storage, or distribution facility that is
under the control of the operator of the system and is used primarily in connection with the
system; and
(ii) Any collection or pretreatment storage facility that is not under
the control of the operator of the system and is used primarily in connection with the
system.
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
as follows:
Article – Environment
9–303.3. WES MOORE, Governor Ch. 123
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(A) ON OR AFTER JULY 1, 2028, THE DEPARTMENT MAY RENEW A POTABLE
REUSE PERMIT IF :
(1) THE RENEWAL OCCURS BE FORE THE POTABLE REU SE PERMIT
EXPIRES; AND
(2) THE DEPARTMENT ISSUED THE ORIGINAL POTABLE REU SE
PERMIT ON OR BEFORE JUNE 30, 2028.
(B) IF THE DEPARTMENT RENEWS A P OTABLE REUSE PERMIT IN
ACCORDANCE WITH SUBS ECTION (A) OF THIS SECTION , THE DEPARTMENT SHALL
RENEW THE PERMIT :
(1) AFTER ADMINISTRATIVE REVIEW IN ACCORDANCE WITH
REGULATIONS THAT THE DEPARTMENT ADOPTS ; AND
(2) IN ACCORDANCE WITH TITLE 1, SUBTITLE 6 OF THIS ARTICLE.
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act is an emergency
measure, is necessary for the immediate preservation of the public health or safety, has
been passed by a yea and nay vote supported by three–fifths of all the members elected to
each of the two Houses of the General Assembly, and shall take effect from the date it is
enacted. It Section 1 of this Act shall remain effective through June 30, 2028, and, at the
end of June 30, 2028, Section 1 of this Act, with no further action required by the General
Assembly, shall be abrogated and of no further force and effect.
Approved by the Governor, April 24, 2023.