MD
Maryland Senate Bill SB407

Maryland 2023 Regular Session

Maryland Senate Bill SB407 Compare Versions

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1- WES MOORE, Governor Ch. 123
21
3-– 1 –
4-Chapter 123
5-(Senate Bill 407)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *sb0407*
89
9-Drinking Water – Innovative Indirect Potable Reuse Pilot Program –
10-Establishment
10+SENATE BILL 407
11+M3 EMERGENCY BILL 3lr2665
12+ CF HB 848
13+By: Senator Ready Senators Ready and Hester
14+Introduced and read first time: February 1, 2023
15+Assigned to: Education, Energy, and the Environment
16+Committee Report: Favorable with amendments
17+Senate action: Adopted
18+Read second time: February 25, 2023
1119
12-FOR the purpose of establishing the Innovative Indirect Potable Reuse Pilot Program in
13-the Department of the Environment for the purpose of authorizing the regulated use
14-of reclaimed water as a source for certain drinking water facilities; providing for the
15-issuance of potable reuse permits under the Pilot Program; applying certain public
16-participation requirements to potable reuse permits; authorizing the Department to
17-renew a potable reuse permit on or after a certain date under certain circumstances;
18-and generally relating to the establishment of the Innovative Indirect Potable Reuse
19-Pilot Program.
20+CHAPTER ______
2021
21-BY repealing and reenacting, with amendments,
22- Article – Environment
23-Section 1–601(a)
24- Annotated Code of Maryland
25- (2013 Replacement Volume and 2022 Supplement)
22+AN ACT concerning 1
2623
27-BY repealing and reenacting, without amendments,
28- Article – Environment
29-Section 9–301(a) and (f) and 9–401(l)
30- Annotated Code of Maryland
31- (2014 Replacement Volume and 2022 Supplement)
24+Drinking Water – Innovative Indirect Potable Reuse Pilot Program – 2
25+Establishment 3
3226
33-BY adding to
34- Article – Environment
35-Section 9–303.2 and 9–303.3
36- Annotated Code of Maryland
37- (2014 Replacement Volume and 2022 Supplement)
27+FOR the purpose of establishing the Innovative Indirect Potable Reuse Pilot Program in 4
28+the Department of the Environment for the purpose of authorizing the regulated use 5
29+of reclaimed water as a source for certain drinking water facilities; providing for the 6
30+issuance of potable reuse permits under the Pilot Program; applying certain public 7
31+participation requirements to potable reuse permits; authorizing the Department to 8
32+renew a potable reuse permit on or after a certain date under certain circumstances; 9
33+and generally relating to the establishment of the Innovative Indirect Potable Reuse 10
34+Pilot Program. 11
3835
39- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
40-That the Laws of Maryland read as follows:
36+BY repealing and reenacting, with amendments, 12
37+ Article – Environment 13
38+Section 1–601(a) 14
39+ Annotated Code of Maryland 15
40+ (2013 Replacement Volume and 2022 Supplement) 16
4141
42-Article – Environment
42+BY repealing and reenacting, without amendments, 17
43+ Article – Environment 18
44+Section 9–301(a) and (f) and 9–401(l) 19
45+ Annotated Code of Maryland 20
46+ (2014 Replacement Volume and 2022 Supplement) 21
4347
44-1–601.
48+BY adding to 22 2 SENATE BILL 407
4549
46- (a) Permits issued by the Department under the following sections shall be issued
47-in accordance with this subtitle:
4850
49- (1) Air quality control permits to construct subject to § 2–404 of this article; Ch. 123 2023 LAWS OF MARYLAND
51+ Article – Environment 1
52+Section 9–303.2 and 9–303.3 2
53+ Annotated Code of Maryland 3
54+ (2014 Replacement Volume and 2022 Supplement) 4
5055
51-– 2 –
56+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5
57+That the Laws of Maryland read as follows: 6
5258
53- (2) Permits to install, materially alter, or materially extend landfill
54-systems, incinerators for public use, or rubble landfills subject to § 9–209 of this article;
59+Article – Environment 7
5560
56- (3) Permits to discharge pollutants to waters of the State issued pursuant
57-to § 9–323 of this article;
61+1–601. 8
5862
59- (4) Permits to install, materially alter, or materially extend a structure
60-used for storage or distribution of any type of sewage sludge issued, renewed, or amended
61-pursuant to § 9–234.1 or § 9–238 of this article;
63+ (a) Permits issued by the Department under the following sections shall be issued 9
64+in accordance with this subtitle: 10
6265
63- (5) Permits to own, operate, establish, or maintain a controlled hazardous
64-substance facility issued pursuant to § 7–232 of this article;
66+ (1) Air quality control permits to construct subject to § 2–404 of this article; 11
6567
66- (6) Permits to own, operate, or maintain a hazardous material facility
67-issued pursuant to § 7–103 of this article; [and]
68+ (2) Permits to install, materially alter, or materially extend landfill 12
69+systems, incinerators for public use, or rubble landfills subject to § 9–209 of this article; 13
6870
69- (7) Permits to own, operate, establish, or maintain a low–level nuclear
70-waste facility issued pursuant to § 7–233 of this article; AND
71+ (3) Permits to discharge pollutants to waters of the State issued pursuant 14
72+to § 9–323 of this article; 15
7173
72- (8) POTABLE REUSE PERMITS ISSUED IN ACCORDANCE WITH §
73-9–303.2 OF THIS ARTICLE .
74+ (4) Permits to install, materially alter, or materially extend a structure 16
75+used for storage or distribution of any type of sewage sludge issued, renewed, or amended 17
76+pursuant to § 9–234.1 or § 9–238 of this article; 18
7477
75-9–301.
78+ (5) Permits to own, operate, establish, or maintain a controlled hazardous 19
79+substance facility issued pursuant to § 7–232 of this article; 20
7680
77- (a) In this subtitle the following words have the meanings indicated.
81+ (6) Permits to own, operate, or maintain a hazardous material facility 21
82+issued pursuant to § 7–103 of this article; [and] 22
7883
79- (f) “Reclaimed water” means sewage that:
84+ (7) Permits to own, operate, establish, or maintain a low–level nuclear 23
85+waste facility issued pursuant to § 7–233 of this article; AND 24
8086
81- (1) Has been treated to a high quality suitable for various reuses; and
87+ (8) POTABLE REUSE PERMITS ISSUED IN ACCORDANCE WITH § 25
88+9–303.2 OF THIS ARTICLE . 26
8289
83- (2) Has a concentration of less than:
90+9–301. 27
8491
85- (i) 3 fecal coliform colonies per 100 milliliters;
92+ (a) In this subtitle the following words have the meanings indicated. 28
8693
87- (ii) 10 milligrams per liter of 5–day biological oxygen demand; and
94+ (f) “Reclaimed water” means sewage that: 29
8895
89- (iii) 10 milligrams per liter of total suspended solids.
96+ (1) Has been treated to a high quality suitable for various reuses; and 30
97+ SENATE BILL 407 3
9098
91-9–303.2.
9299
93- (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
94-INDICATED.
95- WES MOORE, Governor Ch. 123
100+ (2) Has a concentration of less than: 1
96101
97-– 3 –
98- (2) “DRINKING WATER TREATM ENT FACILITY” MEANS A FACILITY
99-THAT IS USED TO TREA T WATER IN A PUBLIC WATER SYSTEM .
102+ (i) 3 fecal coliform colonies per 100 milliliters; 2
100103
101- (3) “ENVIRONMENTAL BUFFER ” MEANS A RESERVOIR , BASIN,
102-CONFINED A QUIFER, OR SIMILAR AREA ABOVE GROUND , THE PURPOSE OF WHICH IS
103-TO STORE OR IMPOUND SOURCE WATER FOR A D RINKING WATER TREATM ENT
104-FACILITY.
104+ (ii) 10 milligrams per liter of 5–day biological oxygen demand; and 3
105105
106- (4) “PFAS” MEANS PER– AND POLYFLUOROALKYL SUBSTANCES.
106+ (iii) 10 milligrams per liter of total suspended solids. 4
107107
108- (5) “PILOT PROGRAM” MEANS THE INNOVATIVE INDIRECT POTABLE
109-REUSE PILOT PROGRAM.
108+9–303.2. 5
110109
111- (6) “POTABLE REUSE PERMIT ” MEANS A PERMIT ISSUE D BY THE
112-DEPARTMENT TO AUTHORI ZE AND REGULATE A PR OCESS TO USE RECLAIM ED
113-WATER AS A SOURCE FO R A DRINKING WATER T REATMENT FACILITY .
110+ (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 6
111+INDICATED. 7
114112
115- (7) “PUBLIC WATER SYSTEM ” HAS THE MEANING STAT ED IN § 9–401
116-OF THIS TITLE.
113+ (2) “DRINKING WATER TREATM ENT FACILITY” MEANS A FACILITY 8
114+THAT IS USED TO TREA T WATER IN A PUBLIC WATER SYSTEM . 9
117115
118- (B) THERE IS AN INNOVATIVE INDIRECT POTABLE REUSE PILOT PROGRAM
119-IN THE DEPARTMENT .
116+ (3) “ENVIRONMENTAL BUFFER ” MEANS A RESERVOIR , BASIN, 10
117+CONFINED AQUIFER , OR SIMILAR AREA ABOVE GROUND , THE PURPOSE OF WHICH IS 11
118+TO STORE OR IMPOUND SOURCE WATER FOR A D RINKING WATER TREATM ENT 12
119+FACILITY. 13
120120
121- (C) THE PURPOSE OF THE PILOT PROGRAM IS TO AUTHORI ZE THE
122-REGULATED USE OF REC LAIMED WATER AS A SO URCE FOR DRINKING WA TER
123-TREATMENT FACILITIES .
121+ (4) “PFAS” MEANS PER– AND POLYFLUOROALKYL SUBSTANCES. 14
124122
125- (D) (1) THE DEPARTMENT MAY REVIEW , PERMIT, AND REGULATE A
126-PROCESS TO USE RECLA IMED WATER AS A SOUR CE FOR A DRINKING WA TER
127-TREATMENT FACILITY T HROUGH A POTABLE REU SE PERMIT IF:
123+ (5) “PILOT PROGRAM” MEANS THE INNOVATIVE INDIRECT POTABLE 15
124+REUSE PILOT PROGRAM. 16
128125
129- (1) (I) THE DEPARTMENT DETERMINES THAT THE PROCESS WIL L
130-MEET OR SURPASS SAFE DRINKING WATER STAND ARDS BEFORE WATER EN TERS THE
131-DISTRIBUTION SYSTEM ;
126+ (6) “POTABLE REUSE PERMIT ” MEANS A PERMIT ISSUE D BY THE 17
127+DEPARTMENT TO AUTHORI ZE AND REGULATE A PR OCESS TO USE RECLAIM ED 18
128+WATER AS A SOURCE FO R A DRINKING WATER T REATMENT FACILITY . 19
132129
133- (2) (II) THE RECLAIMED WATER I S STORED IN AN ENVIR ONMENTAL
134-BUFFER FOR A RESIDEN CE TIME OF UP TO 90 AT LEAST 180 DAYS, AS DETERMINED
135-BY THE DEPARTMENT , BEFORE INTAKE INTO A DRINKING WATER TREAT MENT
136-FACILITY;
130+ (7) “PUBLIC WATER SYSTEM ” HAS THE MEANING STATED IN § 9–401 20
131+OF THIS TITLE. 21
137132
138- (3) (III) THE RECLAIMED WATER M EETS THE FOLLOWING
139-REQUIREMENTS :
140- Ch. 123 2023 LAWS OF MARYLAND
133+ (B) THERE IS AN INNOVATIVE INDIRECT POTABLE REUSE PILOT PROGRAM 22
134+IN THE DEPARTMENT . 23
141135
142-– 4 –
143- (I) 1. PRIMARY AND SECONDARY MAXIMUM CONTAMINANT
144-LEVELS ESTABLISHED B Y THE U.S. ENVIRONMENTAL PROTECTION AGENCY UNDER
145-40 C.F.R. §§ 141 AND 143 AND BY THE DEPARTMENT UNDER COMAR 26.04.01
146-BEFORE ENTERING THE ENVIRONMENTAL BUFFER AND BEFORE ENTERING THE
147-DISTRIBUTION SYSTEM ;
136+ (C) THE PURPOSE OF THE PILOT PROGRAM IS TO AUTHORI ZE THE 24
137+REGULATED USE OF REC LAIMED WATER AS A SO URCE FOR DRINKING WA TER 25
138+TREATMENT FACIL ITIES. 26
148139
149- (II) 2. TREATMENT FOR REMOVAL OF PATHOGENS AT THE
150-WASTEWATER TREATMENT STAGE AND THE DRINKI NG WATER TREATMEN T STAGE
151-THAT MEETS OR EXCEED S:
140+ (D) (1) THE DEPARTMENT MAY REVIEW , PERMIT, AND REGULATE A 27
141+PROCESS TO USE RECLA IMED WATER AS A SOUR CE FOR A DRINKING WA TER 28
142+TREATMENT FACILITY T HROUGH A POTABLE REU SE PERMIT IF: 29
143+ 4 SENATE BILL 407
152144
153- 1. A. 12 LOG FOR ENTERIC VIRU S REDUCTION;
154145
155- 2. B. 10 LOG FOR GIARDIA CYST REDUCTIO N; AND
146+ (1) (I) THE DEPARTMENT DETERMINES THAT THE PROCESS WIL L 1
147+MEET OR SURPASS SAFE DRINKIN G WATER STANDARDS BE FORE WATER ENTERS TH E 2
148+DISTRIBUTION SYSTEM ; 3
156149
157- 3. C. 10 LOG CRYPTOSPORIDIUM OOCYS T REDUCTION; AND
150+ (2) (II) THE RECLAIMED WATER I S STORED IN AN ENVIR ONMENTAL 4
151+BUFFER FOR A RESIDEN CE TIME OF UP TO 90 AT LEAST 180 DAYS, AS DETERMINED 5
152+BY THE DEPARTMENT , BEFORE INTAKE INTO A DRINKING WATER TREAT MENT 6
153+FACILITY; 7
158154
159- (III) 3. MAXIMUM CONTROLS FOR MAXIMUM
160-CONCENTRATIONS OF PFAS CHEMICALS ESTABLISHE D BY THE DEPARTMENT ,
161-NOTWITHSTANDING § 9–406(C) OR § 9–407(B) OF THIS TITLE, BUT NOT TO EXCEED
162-ANY MAXIMUM CONTAMINANT LEVELS PRIMARY DRINKING WAT ER REGULATIONS
163-ESTABLISHED BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY IN A FINAL
164-RULEMAKING UNDER THE FEDERAL SAFE DRINKING WATER ACT;
155+ (3) (III) THE RECLAIMED WATER M EETS THE FOLLOWING 8
156+REQUIREMENTS : 9
165157
166- (4) (IV) THE RECLAIMED WATER U NDERGOES TESTING AND
167-REPORTING TO VERIFY THAT THE REQUIREMENT S OF ITEM (3) OF THIS SUBSECTION
168-ITEM (III) OF THIS PARAGRAPH ARE MET;
158+ (I) 1. PRIMARY AND SECONDARY MAXIMUM CONTAMINANT 10
159+LEVELS ESTABLISHED B Y THE U.S. ENVIRONMENTAL PROTECTION AGENCY UNDER 11
160+40 C.F.R. §§ 141 AND 143 AND BY THE DEPARTMENT UNDER COMAR 26.04.01 12
161+BEFORE ENTERING THE ENVIRONMENTAL BUFFER AND BEFORE ENTERING THE 13
162+DISTRIBUTION SYSTEM ; 14
169163
170- (5) (V) THE PROCESS INCLUDES :
164+ (II) 2. TREATMENT FOR REMOVAL OF PATHOGENS AT THE 15
165+WASTEWATER TREATMENT STAGE AND THE DRINKI NG WATER TREATMEN T STAGE 16
166+THAT MEETS OR EXCEED S: 17
171167
172- (I) 1. REVERSE OSMOSIS ; AND
168+ 1. A. 12 LOG FOR ENTERIC VIRU S REDUCTION; 18
173169
174- (II) 2. ULTRAVIOLET (UV) DISINFECTION AT THE DRINKING
175-WATER TREATMENT FACI LITY;
170+ 2. B. 10 LOG FOR GIARDIA CYST REDUCTIO N; AND 19
176171
177- (6) (VI) EMERGENCY PROCEDURES ARE IN PLACE TO PROT ECT AND
178-ENSURE THE AVAILABILITY OF THE POTABLE WATER SUPPLY IF THERE IS ANY
179-FAILURE TO MEET THE DEPARTMENT ’S REQUIREMENTS ;
172+ 3. C. 10 LOG CRYPTOSPORIDIUM OOCYS T REDUCTION; AND 20
180173
181- (7) (VII) THE APPLICANT GIVES T HE DEPARTMENT THE RIGHT OF
182-ENTRY ON THE PERMIT SITE AT ANY REASONAB LE TIME TO INSPECT O R
183-INVESTIGATE FOR A VI OLATION OR ANY POTENTIAL VIO LATION OF THE POTABL E
184-REUSE PERMIT ;
185- WES MOORE, Governor Ch. 123
174+ (III) 3. MAXIMUM CONTROLS FOR MAXIMUM 21
175+CONCENTRATIONS OF PFAS CHEMICALS ESTABLISHE D BY THE DEPARTMENT , 22
176+NOTWITHSTANDING § 9–406(C) OR § 9–407(B) OF THIS TITLE, BUT NOT TO EXCEED 23
177+ANY MAXIMUM CONTAMINANT LEVELS PRIMARY DRINKING WAT ER REGULATIONS 24
178+ESTABLISHED BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY IN A FINAL 25
179+RULEMAKING UNDER THE FEDERAL SAFE DRINKING WATER ACT; 26
186180
187-– 5 –
188- (VIII) THE APPLICANT DEMONST RATES TO THE SATISFA CTION OF
189-THE DEPARTMENT THAT , AT ALL TIMES AND UND ER ALL OPERATING CON DITIONS,
190-THE VOLUME OF RECLAI MED WATER ENTERING T HE DRINKING WATER TR EATMENT
191-FACILITY CONTAINS NO T MORE THAN 10% BY VOLUME OF RECLAIM ED WATER THAT
192-WAS DELIVERED TO THE ENVIRONMENTAL BUFFER DURING ANY 24–HOUR PERIOD ;
181+ (4) (IV) THE RECLAIMED WATER U NDERGOES TESTING AND 27
182+REPORTING TO VERIFY THAT THE REQUIREMENT S OF ITEM (3) OF THIS SUBSECTION 28
183+ITEM (III) OF THIS PARAGRAPH ARE MET; 29
193184
194- (8) (IX) THE PROCESS INCLUDES APPROPRIATE RECORD –KEEPING
195-REQUIREMENTS ; AND
185+ (5) (V) THE PROCESS INCLUDES : 30
196186
197- (9) (X) THE PROCESS COMPLIES WITH ALL OTHER APPLICABLE
198-STATUTORY AND REGULA TORY REQUIREMENTS .
187+ (I) 1. REVERSE OSMOSIS ; AND 31
188+ SENATE BILL 407 5
199189
200- (2) NOTWITHSTANDING SUBSE CTION (D)(1)(II) OF THIS SECTION, AN
201-APPLICANT MAY REQUES T THAT RECLAIMED WAT ER BE STORED IN AN
202-ENVIRONMENTAL BUFFER FOR LESS THAN 180 DAYS, BUT NOT LESS THAN 60 DAYS,
203-BEFORE INTAKE INTO A DRINKING WATER TREAT MENT FACILITY IF:
204190
205- (I) THE PROCESS RELIABLY AND CONSISTENTLY MEE TS THE
206-REQUIREMENTS OF THE POTABLE REUSE PERMIT UNDER VARYING OPERAT ING
207-CONDITIONS TO THE SA TISFACTION OF THE DEPARTMENT ; AND
191+ (II) 2. ULTRAVIOLET (UV) DISINFECTION AT THE DRINKING 1
192+WATER TREATMENT FACI LITY; 2
208193
209- (II) THE APPLICANT DEMONSTRATES TO THE SATISFACTION OF
210-THE DEPARTMENT THAT A LOW ER RESIDENCE TIME SU FFICIENTLY PROTECTS
211-PUBLIC HEALTH .
194+ (6) (VI) EMERGENCY PROCEDURES ARE IN PLACE TO PROT ECT AND 3
195+ENSURE THE AVAILABILITY OF THE POTABLE WATER SUPPLY IF THERE IS ANY 4
196+FAILURE TO MEET THE DEPARTMENT ’S REQUIREMENTS ; 5
212197
213- (E) THE DEPARTMENT MAY INCLUD E IN A POTABLE REUSE PERMIT ANY
214-TERM, CONDITION, OR REQUIREMENT THAT THE DEPARTMENT DEEMS
215-APPROPRIATE TO PR OTECT PUBLIC HEALTH OR THE ENVIRONMENT .
198+ (7) (VII) THE APPLICANT GIVES T HE DEPARTMENT THE RIGHT OF 6
199+ENTRY ON THE PERMIT SITE AT ANY REASONAB LE TIME TO INSPECT O R 7
200+INVESTIGATE FOR A VI OLATION OR ANY POTENTIAL VIOL ATION OF THE POTABLE 8
201+REUSE PERMIT ; 9
216202
217- (F) THE REQUIREMENTS OF A POTABLE REUSE PERMIT ARE
218-SUPPLEMENTAL TO AND DO NOT OVERRIDE ANY OTHER STATUTE , REGULATION ,
219-PERMIT, ORDER, OR DECREE.
203+ (VIII) THE APPLICANT DEMONST RATES TO THE SATISFA CTION OF 10
204+THE DEPARTMENT THAT , AT ALL TIMES AND UND ER ALL OPERATING CON DITIONS, 11
205+THE VOLUME OF RECLAI MED WATER ENTERING T HE DRINKING WATER TR EATMENT 12
206+FACILITY CONTAINS NO T MORE THAN 10% BY VOLUME OF RECLAIM ED WATER THAT 13
207+WAS DELIVERED TO THE ENVIRONMENTAL BUFFER DURING ANY 24–HOUR PERIOD ; 14
220208
221- (G) THE PROVISIONS OF TITLE 1, SUBTITLE 6 OF THIS ARTICLE SHAL L
222-GOVERN THIS ISSUANCE OF POTABLE REUSE PERMIT S.
209+ (8) (IX) THE PROCESS INCLUDES APPROPRIATE RECORD –KEEPING 15
210+REQUIREMENTS ; AND 16
223211
224- (H) THE DEPARTMENT SHALL ACCE PT APPLICATIONS FOR POTABLE REUSE
225-PERMITS FROM JULY 1, 2023, THROUGH JUNE 30, 2024, INCLUSIVE.
212+ (9) (X) THE PROCESS COMPLIES WITH ALL OTHER APPLICABLE 17
213+STATUTORY AND REGULA TORY REQUIREMENTS . 18
226214
227- (I) A SUCCESSFUL APPLICATI ON FOR A POTABLE REU SE PERMIT SHALL :
215+ (2) NOTWITHSTANDING SUBSE CTION (D)(1)(II) OF THIS SECTION, AN 19
216+APPLICANT MAY REQUES T THAT RECLAIMED WAT ER BE STORED IN AN 20
217+ENVIRONMENTAL BUFFER FOR LESS THAN 180 DAYS, BUT NOT LESS THAN 60 DAYS, 21
218+BEFORE INTAKE INTO A DRINKING WATER TREAT MENT FACILITY IF: 22
228219
229- (1) DEMONSTRATE TO THE SATISFACTION OF THE DEPARTMENT :
230- Ch. 123 2023 LAWS OF MARYLAND
220+ (I) THE PROCESS RELIABLY AND CONSISTENTLY MEE TS THE 23
221+REQUIREMENTS OF THE POTABLE REUSE PERMIT UNDER VARYING OPERAT ING 24
222+CONDITIONS TO THE SA TISFACTION OF THE DEPARTMENT ; AND 25
231223
232-– 6 –
233- (I) THE ABILITY TO COMPLY WITH THE REQUIREMENT S OF
234-THIS SECTION;
224+ (II) THE APPLICANT DEMONSTRATES TO THE SATISFACTION OF 26
225+THE DEPARTMENT THAT A LOW ER RESIDENCE TIME SU FFICIENTLY PROTECTS 27
226+PUBLIC HEALTH . 28
235227
236- (II) THE AVAILABILITY OF F UNDS TO CONSTRUCT AN D OPERATE
237-ANY NECESSARY IMPROV EMENTS;
228+ (E) THE DEPARTMENT MAY INCLUD E IN A POTABLE REUSE PERMIT ANY 29
229+TERM, CONDITION, OR REQUIREMENT THAT THE DEPARTMENT DEEMS 30
230+APPROPRIATE TO PR OTECT PUBLIC HEALTH OR THE ENVIRONMENT . 31
238231
239- (III) THE TECHNICAL AND ADM INISTRATIVE CAPACITY TO
240-PERFORM THE PROCESS COVERED UNDER THE PERMIT ; AND
232+ (F) THE REQUIREMENTS OF A POTABLE REUSE PERMIT ARE 32
233+SUPPLEMENTAL TO AND DO NOT OVERRIDE ANY OTHER STATUTE , REGULATION , 33
234+PERMIT, ORDER, OR DECREE. 34 6 SENATE BILL 407
241235
242- (IV) THAT ALL NECESSARY PL ANNING AND ENGINEERI NG
243-DESIGN IS COMPLETE ; AND
244236
245- (2) INCLUDE:
246237
247- (I) A COMPLETED FEASIBILIT Y STUDY; AND
238+ (G) THE PROVISIONS OF TITLE 1, SUBTITLE 6 OF THIS ARTICLE SHAL L 1
239+GOVERN THIS ISSUANCE OF POTABLE REUSE PERMIT S. 2
248240
249- (II) ANY ADDITIONAL INFORM ATION REQUESTED BY T HE
250-DEPARTMENT .
241+ (H) THE DEPARTMENT SHALL ACCE PT APPLICATIONS FOR POTABLE REUSE 3
242+PERMITS FROM JULY 1, 2023, THROUGH JUNE 30, 2024, INCLUSIVE. 4
251243
252- (J) THE DEPARTMENT MAY REFUSE T O ISSUE A POTABLE RE USE PERMIT IF:
244+ (I) A SUCCESSFUL APPLICATI ON FOR A POTABLE REU SE PERMIT SHALL : 5
253245
254- (1) THE APPLICANT FAILS T O PROVIDE ANY INFORM ATION
255-REQUESTED BY THE DEPARTMENT ;
246+ (1) DEMONSTRATE TO THE SATISFACTION OF THE DEPARTMENT : 6
256247
257- (2) THE APPLICANT FAILS O R REFUSES TO ALLOW T HE DEPARTMENT
258-TO INSPECT THE PERMI T SITE;
248+ (I) THE ABILITY TO COMPLY WITH THE REQUIREMENT S OF 7
249+THIS SECTION; 8
259250
260- (3) THE DEPARTMENT FINDS THAT ISSUANCE OF THE PERMIT WOULD
261-VIOLATE ANY STATE OR FEDERAL LAW OR ANY REGULATION AD OPTED UNDER ANY
262-STATE OR FEDERAL LAW ;
251+ (II) THE AVAILABILITY OF F UNDS TO CONSTRUCT AN D OPERATE 9
252+ANY NECESSARY IMPROV EMENTS; 10
263253
264- (4) THE SOURCE OF THE REC LAIMED WATER FAILS T O COMPLY WITH
265-ANY STATE OR FEDERAL LAW , ANY REGULATION ADOPT ED UNDER ANY STATE OR
266-FEDERAL LAW, OR ANY PERMIT ; OR
254+ (III) THE TECHNICAL AND ADM INISTRATIVE CAPACITY TO 11
255+PERFORM THE PROCESS COVERED UNDER THE PERMIT ; AND 12
267256
268- (5) THE APPLICANT FAILS T O DEMONSTRATE COMPLI ANCE WITH
269-THIS SECTION TO THE DEPARTMENT ’S SATISFACTION.
257+ (IV) THAT ALL NECESSARY PL ANNING AND ENGINEERI NG 13
258+DESIGN IS COMPLETE ; AND 14
270259
271- (K) A POTABLE REUSE PERMIT SHALL BE EFFECTIVE F OR 5 YEARS FROM
272-THE DATE OF ISSUANCE OR UNTIL TERMINATION OF THE PILOT PROGRAM,
273-WHICHEVER OCCURS FIR ST.
260+ (2) INCLUDE: 15
274261
275- (L) BEFORE A POTABLE REUS E PERMIT EXPIRES , THE DEPARTMENT MAY
276-RENEW THE POTABLE RE USE PERMIT: WES MOORE, Governor Ch. 123
262+ (I) A COMPLETED FEASIBILIT Y STUDY; AND 16
277263
278-– 7 –
264+ (II) ANY ADDITIONAL INFORM ATION REQUESTED BY T HE 17
265+DEPARTMENT . 18
279266
280- (1) AFTER ADMINISTRATIVE REVIEW IN ACCORDANCE WITH
281-REGULATIONS THAT THE DEPARTMENT ADOPTS ; AND
267+ (J) THE DEPARTMENT MAY REFUSE TO ISSUE A POTABLE R EUSE PERMIT IF: 19
282268
283- (2) IN ACCORDANCE WITH TITLE 1, SUBTITLE 6 OF THIS ARTICLE.
269+ (1) THE APPLICANT FAILS T O PROVIDE ANY INFORM ATION 20
270+REQUESTED BY THE DEPARTMENT ; 21
284271
285- (M) THE DEPARTMENT MAY REVOKE A POTABLE REUSE PERM IT ISSUED
286-UNDER THIS SECTION I F THE DEPARTMENT FINDS THAT :
272+ (2) THE APPLICANT FAILS O R REFUSES TO ALLOW T HE DEPARTMENT 22
273+TO INSPECT THE PERMI T SITE; 23
287274
288- (1) THE APPLICATION INCLU DED FALSE OR INACCUR ATE
289-INFORMATION ;
275+ (3) THE DEPARTMENT FIN DS THAT ISSUANCE OF THE PERMIT WOULD 24
276+VIOLATE ANY STATE OR FEDERAL LAW OR ANY REGULATION AD OPTED UNDER ANY 25
277+STATE OR FEDERAL LAW ; 26
290278
291- (2) CONDITIONS OR REQUIRE MENTS OF THE PO TABLE REUSE PERMIT
292-HAVE BEEN OR ARE ABO UT TO BE VIOLATED ;
279+ (4) THE SOURCE OF THE REC LAIMED WATER FAILS T O COMPLY WITH 27
280+ANY STATE OR FEDERAL LAW , ANY REGULATION ADOPT ED UNDER ANY STATE OR 28
281+FEDERAL LAW , OR ANY PERMIT ; OR 29 SENATE BILL 407 7
293282
294- (3) SUBSTANTIAL DEVIATION FROM PLANS , SPECIFICATIONS , OR
295-REQUIREMENTS HAS OCC URRED OR IS ABOUT TO OCCUR;
296283
297- (4) THE DEPARTMENT IS REFUSED ENTRY TO ANY PREMISE S FOR
298-THE PURPOSE OF INSPE CTING THE P ROCESS TO ENSURE COM PLIANCE WITH THE
299-POTABLE REUSE PERMIT ;
300284
301- (5) A CHANGE IN CONDITIONS EXISTS THAT REQUIRES THE
302-TEMPORARY OR PERMANE NT REDUCTION OR ELIM INATION OF THE USE O F
303-RECLAIMED WATER ;
285+ (5) THE APPLICANT FAILS T O DEMONSTRATE COMPLI ANCE WITH 1
286+THIS SECTION TO THE DEPARTMENT ’S SATISFACTION. 2
304287
305- (6) THERE IS ANY NONCOMPL IANCE WITH A DISCHAR GE PERMIT OR A
306-PRETREATMENT REQUIRE MENT THAT MAY AFFECT THE RECLAIMED WATER IN ANY
307-MANNER;
288+ (K) A POTABLE REUSE PERMIT SHALL BE EFFECTIVE F OR 5 YEARS FROM 3
289+THE DATE OF ISSUANCE OR UNTIL TERMINATION OF THE PILOT PROGRAM, 4
290+WHICHEVER OCCURS FIR ST. 5
308291
309- (7) ANY STATE OR FEDERAL WATE R QUALITY STANDARD O R
310-EFFLUENT LIMITATION HAS BEEN OR IS THREA TENED TO BE VIOLATED ;
292+ (L) BEFORE A POTABLE REUS E PERMIT EXPIRES , THE DEPARTMENT MAY 6
293+RENEW THE POTABLE RE USE PERMIT: 7
311294
312- (8) ANY STATE OR FEDERAL REQU IREMENT ESTABLISHED UNDER
313-THE FEDERAL SAFE DRINKING WATER ACT, SUBTITLE 4 OF THIS TITLE, OR TITLE
314-12 OF THIS ARTICLE HAS BEEN OR IS THREATENE D TO BE VIOLATED ; OR
295+ (1) AFTER ADMINISTRATIVE REVIEW IN ACCORDANCE WITH 8
296+REGULATIONS THAT THE DEPARTMENT ADOPTS ; AND 9
315297
316- (9) THE RECLAIMED WATER M AY THREATEN PUBLIC H EALTH,
317-SAFETY, COMFORT, OR THE ENVIRONMENT .
298+ (2) IN ACCORDANCE WI TH TITLE 1, SUBTITLE 6 OF THIS ARTICLE. 10
318299
319- (N) EXCEPT AS OTHERWISE P ROVIDED IN THIS SECTION, A PUBLIC WATER
320-SYSTEM OPERATING UND ER A POTABLE REUSE P ERMIT SHALL BE SUBJE CT TO
321-REQUIREMENTS FOR PUB LIC WATER SYSTEMS TH AT USE SURFACE WATER UNDER
322-COMAR 26.04.01. Ch. 123 2023 LAWS OF MARYLAND
300+ (M) THE DEPARTMENT MAY REVOKE A POTABLE REUSE PERM IT ISSUED 11
301+UNDER THIS SECTION I F THE DEPARTMENT FINDS THAT : 12
323302
324-– 8 –
303+ (1) THE APPLICATION INCLU DED FALSE OR INACCUR ATE 13
304+INFORMATION ; 14
325305
326- (N) (O) ON OR BEFORE DECEMBER 31, 2024, THE DEPARTMENT SHALL
327-REPORT TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE STATE
328-GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY ON:
306+ (2) CONDITIONS OR REQUIRE MENTS OF THE POTABLE REUSE PERMIT 15
307+HAVE BEEN OR ARE ABO UT TO BE VIOLATED ; 16
329308
330- (1) THE STATUS OF THE PILOT PROGRAM;
309+ (3) SUBSTANTIAL DEVIATION FROM PLANS , SPECIFICATIONS , OR 17
310+REQUIREMENTS HAS OCC URRED OR IS ABOUT TO OCCUR; 18
331311
332- (2) WHETHER THE PILOT PROGRAM SHOULD BE EXT ENDED OR MADE
333-PERMANENT ; AND
312+ (4) THE DEPARTMENT IS REFUSED ENTRY TO ANY PREMISE S FOR 19
313+THE PURPOSE OF INSPE CTING THE PROCESS TO ENSURE COMPLIANCE WITH THE 20
314+POTABLE REUSE PERMIT ; 21
334315
335- (3) ANY STATUTORY OR REGU LATORY CH ANGES THAT THE
336-DEPARTMENT RECOMMENDS TO PERMANENTLY AUTHO RIZE THE REGULATED U SE
337-OF RECLAIMED WATER A S A SOURCE FOR DRINK ING WATER TREATMENT FACILITIES,
338-IF APPROPRIATE .
316+ (5) A CHANGE IN CONDITIONS EXISTS THAT REQUIRES THE 22
317+TEMPORARY OR PERMANE NT REDUCTION OR ELIM INATION OF THE USE O F 23
318+RECLAIMED WATER ; 24
339319
340- (O) (P) THE DEPARTMENT MAY ADOPT REGULATIONS TO IMPLE MENT
341-THIS SECTION.
320+ (6) THERE IS ANY NONCOMPL IANCE WITH A DISCHAR GE PERMIT OR A 25
321+PRETREATMENT REQUIRE MENT THAT MAY AFFECT THE RECLAIMED WATER IN ANY 26
322+MANNER; 27
342323
343-9–401.
324+ (7) ANY STATE OR FEDERAL WATE R QUALITY STANDARD O R 28
325+EFFLUENT LIMITATION HAS BEEN OR IS THREA TENED TO BE VIOLATED ; 29
326+ 8 SENATE BILL 407
344327
345- (l) (1) “Public water system” means a system that:
346328
347- (i) Provides to the public water for human consumption through
348-pipes or other constructed conveyances; and
329+ (8) ANY STATE OR FEDERAL REQU IREMENT ESTABLISHED UNDER 1
330+THE FEDERAL SAFE DRINKING WATER ACT, SUBTITLE 4 OF THIS TITLE, OR TITLE 2
331+12 OF THIS ARTICLE HAS BEEN OR IS THREATENE D TO BE VIOLATED ; OR 3
349332
350- (ii) 1. Has at least 15 service connections; or
333+ (9) THE RECLAIMED WATER M AY THREATEN PUBLIC H EALTH, 4
334+SAFETY, COMFORT, OR THE ENVIRONMENT . 5
351335
352- 2. Regularly serves at least 25 individuals.
336+ (N) EXCEPT AS OTHERWISE PROVIDED IN THIS SEC TION, A PUBLIC WATER 6
337+SYSTEM OPERATING UND ER A POTABLE REUSE P ERMIT SHALL BE SUBJE CT TO 7
338+REQUIREMENTS FOR PUB LIC WATER SYSTEMS TH AT USE SURFACE WATER UNDER 8
339+COMAR 26.04.01. 9
353340
354- (2) “Public water system” includes:
341+ (N) (O) ON OR BEFORE DECEMBER 31, 2024, THE DEPARTMENT SHALL 10
342+REPORT TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE STATE 11
343+GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY ON: 12
355344
356- (i) Any collection, treatment, storage, or distribution facility that is
357-under the control of the operator of the system and is used primarily in connection with the
358-system; and
345+ (1) THE STATUS OF THE PILOT PROGRAM; 13
359346
360- (ii) Any collection or pretreatment storage facility that is not under
361-the control of the operator of the system and is used primarily in connection with the
362-system.
347+ (2) WHETHER THE PILOT PROGRAM SHOULD BE EXT ENDED OR MADE 14
348+PERMANENT ; AND 15
363349
364- SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
365-as follows:
350+ (3) ANY STATUTORY OR REGU LATORY CHANGES THAT T HE 16
351+DEPARTMENT RECOMMENDS TO PERMANENTLY AUTHO RIZE THE REGULATED U SE 17
352+OF RECLAIMED WATER A S A SOURCE FOR DRINK ING WATER TREATMENT FACILITIES, 18
353+IF APPROPRIATE . 19
366354
367-Article – Environment
355+ (O) (P) THE DEPARTMENT MAY ADOPT REGULATIONS TO IMPLE MENT 20
356+THIS SECTION. 21
368357
369-9–303.3. WES MOORE, Governor Ch. 123
358+9–401. 22
370359
371-– 9 –
360+ (l) (1) “Public water system” means a system that: 23
372361
373- (A) ON OR AFTER JULY 1, 2028, THE DEPARTMENT MAY RENEW A POTABLE
374-REUSE PERMIT IF :
362+ (i) Provides to the public water for human consumption through 24
363+pipes or other constructed conveyances; and 25
375364
376- (1) THE RENEWAL OCCURS BE FORE THE POTABLE REU SE PERMIT
377-EXPIRES; AND
365+ (ii) 1. Has at least 15 service connections; or 26
378366
379- (2) THE DEPARTMENT ISSUED THE ORIGINAL POTABLE REU SE
380-PERMIT ON OR BEFORE JUNE 30, 2028.
367+ 2. Regularly serves at least 25 individuals. 27
381368
382- (B) IF THE DEPARTMENT RENEWS A P OTABLE REUSE PERMIT IN
383-ACCORDANCE WITH SUBS ECTION (A) OF THIS SECTION , THE DEPARTMENT SHALL
384-RENEW THE PERMIT :
369+ (2) “Public water system” includes: 28
385370
386- (1) AFTER ADMINISTRATIVE REVIEW IN ACCORDANCE WITH
387-REGULATIONS THAT THE DEPARTMENT ADOPTS ; AND
371+ (i) Any collection, treatment, storage, or distribution facility that is 29
372+under the control of the operator of the system and is used primarily in connection with the 30
373+system; and 31 SENATE BILL 407 9
388374
389- (2) IN ACCORDANCE WITH TITLE 1, SUBTITLE 6 OF THIS ARTICLE.
390375
391- SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act is an emergency
392-measure, is necessary for the immediate preservation of the public health or safety, has
393-been passed by a yea and nay vote supported by three–fifths of all the members elected to
394-each of the two Houses of the General Assembly, and shall take effect from the date it is
395-enacted. It Section 1 of this Act shall remain effective through June 30, 2028, and, at the
396-end of June 30, 2028, Section 1 of this Act, with no further action required by the General
397-Assembly, shall be abrogated and of no further force and effect.
398376
399-Approved by the Governor, April 24, 2023.
377+ (ii) Any collection or pretreatment storage facility that is not under 1
378+the control of the operator of the system and is used primarily in connection with the 2
379+system. 3
380+
381+ SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 4
382+as follows: 5
383+
384+Article – Environment 6
385+
386+9–303.3. 7
387+
388+ (A) ON OR AFTER JULY 1, 2028, THE DEPARTMENT MAY RENEW A POTABLE 8
389+REUSE PERMIT IF : 9
390+
391+ (1) THE RENEWAL OCCURS BE FORE THE POTABLE REU SE PERMIT 10
392+EXPIRES; AND 11
393+
394+ (2) THE DEPARTMENT ISSUED THE ORIGINAL POTABLE REU SE 12
395+PERMIT ON OR BEFORE JUNE 30, 2028. 13
396+
397+ (B) IF THE DEPARTMENT RENEWS A P OTABLE REUSE PERMIT IN 14
398+ACCORDANCE WITH SUBS ECTION (A) OF THIS SECTION , THE DEPARTMENT SHALL 15
399+RENEW THE PERMIT : 16
400+
401+ (1) AFTER ADMINISTRATIVE REVIEW IN ACCORDANCE WITH 17
402+REGULATIONS THAT THE DEPARTMENT ADOPTS ; AND 18
403+
404+ (2) IN ACCORDANCE WITH TITLE 1, SUBTITLE 6 OF THIS ARTICLE. 19
405+
406+ SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act is an emergency 20
407+measure, is necessary for the immediate preservation of the public health or safety, has 21
408+been passed by a yea and nay vote supported by three–fifths of all the members elected to 22
409+each of the two Houses of the General Assembly, and shall take effect from the date it is 23
410+enacted. It Section 1 of this Act shall remain effective through June 30, 2028, and, at the 24
411+end of June 30, 2028, Section 1 of this Act, with no further action required by the General 25
412+Assembly, shall be abrogated and of no further force and effect. 26
413+