WES MOORE, Governor Ch. 547
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Chapter 547
(Senate Bill 471)
AN ACT concerning
Water Pollution Control – Sediment Control Plans, Discharge Permits – Permits
for Stormwater Associated With Construction Activity , and Notice and
Comment Requirements
FOR the purpose of requiring the Department of the Environment to review and update
specifications for sediment control plans in a certain manner on or before a certain
date and periodically thereafter; prohibiting the Department of the Environment
from authorizing the discharge of stormwater associated with construction activity
under a general discharge permit and requiring the Department to instead require
an individual discharge permit under unless certain circumstances requirements are
satisfied; prohibiting a certain permit holder from causing, allowing, or failing to
control the runoff of soil or other pollutants from a construction site or causing
erosion into certain waters of the State; authorizing requiring the Department to
take certain enforcement public notice and comment actions if a person has
unlawfully engaged in construction activity without a discharge permit or without
coverage under a general discharge permit makes a certain request; and generally
relating to sediment control plans, permits for stormwater discharges associated
with construction activity, and notice and comment requirements.
BY repealing and reenacting, with amendments,
Article – Environment
Section 4–105(a)
Annotated Code of Maryland
(2013 Replacement Volume and 2022 Supplement)
BY repealing and reenacting, without amendments,
Article – Environment
Section 9–301(a) and (d)
Annotated Code of Maryland
(2014 Replacement Volume and 2022 Supplement)
BY adding to
Article – Environment
Section 9–323.1
Annotated Code of Maryland
(2014 Replacement Volume and 2022 Supplement)
BY repealing and reenacting, with amendments,
Article – Environment
Section 9–342
Annotated Code of Maryland Ch. 547 2023 LAWS OF MARYLAND
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(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
4–105.
(a) (1) (i) In this section, “construction” means land clearing, grubbing,
topsoil stripping, soil movement, grading, cutting and filling, transporting, or otherwise
disturbing land for any purpose.
(ii) “Construction” includes land disturbing activities for the purpose
of:
1. Constructing buildings;
2. Mining minerals;
3. Developing golf courses; and
4. Constructing roads and installing utilities.
(2) (i) Before any person begins any construction, the appropriate
approval authority shall first receive, review, and approve the proposed earth change and
the sediment control plan.
(ii) Except as provided in subsection (b) of this section, the approval
authority is:
1. The appropriate soil conservation district;
2. A municipal corporation in Montgomery County that is
designated by a soil conservation district under paragraph (6) of this subsection;
3. Any municipality not within a soil conservation district;
4. If a State or federal unit undertakes any construction, the
Department or the Department’s designee;
5. For abandoned mine reclamation projects conducted by
the Department pursuant to Title 15, Subtitles 5, 6, and 11 of this article, the Department;
or
6. For large redevelopment sites, the Department. WES MOORE, Governor Ch. 547
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(iii) Criteria used by the Department or the Department’s designee
for review and approvals under subparagraph (ii)4 of this paragraph:
1. Shall meet or exceed current Maryland standards and
specifications for soil erosion and sediment control; or
2. If alternative standards are applied, shall be reviewed and
approved by the Department.
(3) A person may not begin or perform any construction unless the person:
(i) Obtains an approved sediment control plan;
(ii) Implements the measures contained in the approved sediment
control plan;
(iii) Conducts the construction as specified in the sequence of
construction contained in the approved sediment control plan;
(iv) Maintains the provisions of the approved sediment control plan;
and
(v) Implements any sediment control measures reasonably
necessary to control sediment runoff.
(4) In consultation with the person responsible for performing the
construction, the Department, jurisdictions delegated enforcement authority under §
4–103(e)(2) of this subtitle, or the appropriate approval agency may require modifications
to an approved sediment control plan if the approved plan is not adequate to control
sediment or erosion.
(5) A person performing construction that proposes a major change to an
approved sediment control plan shall submit the proposed change to the appropriate
approval authority for review and approval.
(6) A soil conservation district may delegate approval authority under
paragraph (2) of this subsection to a municipal corporation in Montgomery County that:
(i) Has its own sediment control review provisions that are at least
as stringent as the provisions of the grading and sediment control plan of the soil
conservation district;
(ii) Issues sediment control permits; and
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(iii) Meets the necessary performance standards established by
written agreement between the district and the municipal corporation.
(7) (I) ON OR BEFORE DECEMBER 1, 2024 2025, AND EVERY 5
YEARS THEREAFTER , THE DEPARTMENT SHALL REVI EW AND UPDATE THE
SPECIFICATIONS FOR S EDIMENT CONTROL PLAN S.
(II) IN REVIEWING AND UPDA TING THE SPECIFICATI ONS FOR
SEDIMENT CONTROL PLA NS UNDER THIS PARAGR APH, THE DEPARTMENT SHALL :
1. REVISE WATER QUANTITY CONTROL STANDARDS
USING THE MOST RECEN T PRECIPITATION DATA AVAILABLE;
2. AS NECESSARY , ENSURE THAT A NY UPDATES AND
REVISIONS ARE DESIGN ED TO PROTECT THE WA TERS OF THE STATE FROM
POLLUTION; AND
3. ENSURE THAT ANY UPDAT ES AND REVISIONS ARE NOT
APPLIED RETROACTIVEL Y TO PROJECTS WITH A PPROVED SEDIMENT CON TROL
PLANS, IF:
A. THE SEDIMENT CONTROL PLAN HAS NOT YET
EXPIRED;
B. CONSTRUCTION CONTRACT S HAVE BEEN AWARDED ,
IF APPLICABLE; AND
C. CONSTRUCTION ACTIVITI ES HAVE COMMENCED ; AND
3. 4. CONSULT WITH EROSION AND SEDIMENT CONTROL
EXPERTS FROM THE FOL LOWING GROUPS AND STAKEHOLDERS REG ARDING
PROPOSED UPDATES TO SEDIMENT CONTROL REG ULATIONS:
A. AN ACADEMIC INSTITUTI ON;
B. A WATERSHED PROTECTION ORGANIZATION ;
C. THE MARYLAND ASSOCIATION OF COUNTIES;
D. THE MARYLAND MUNICIPAL LEAGUE;
E. A PRIVATE SECTOR ORGAN IZATION WITH DESIGN AND
CONSTRUCTION EXPERIE NCE; AND
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F. THE MARYLAND ASSOCIATION OF SOIL
CONSERVATION DISTRICTS.
(III) BEFORE THE DEPARTMENT FINALIZES AN UPDATE TO THE
SPECIFICATIONS OF SE DIMENT CONTROL PLANS IN ACCORDANCE WITH THIS
PARAGRAPH , THE DEPARTMENT SHALL REPO RT TO THE GENERAL ASSEMBLY, IN
ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, ON THE
PROPOSED UPDATE .
9–301.
(a) In this subtitle the following words have the meanings indicated.
(d) “Discharge permit” means a permit issued by the Department for the
discharge of any pollutant or combination of pollutants into the waters of this State.
9–323.1.
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(2) “AREA OF DISTURBANCE ” MEANS THE CUMULATIVE TOTAL AREA
OF DISTURBANCE RESUL TING FROM ALL CONSTR UCTION ACTIVITY COND UCTED
UNDER A COMMON PLAN OF DEVELOPMENT .
(3) “CONSTRUCTION SITE ” INCLUDES MULTIPLE SI TES UNDER A
COMMON PLAN OF DEVEL OPMENT.
(4) “CRITICAL AREA BUFFER” MEANS THE AREA AT LE AST 100 FEET
WIDE LOCATED DIRECTL Y ADJACENT TO THE TI DAL WATERS, TIDAL WETLANDS , AND
TRIBUTARY STREAMS OF THE STATE, IDENTIFIED IN ACCORD ANCE WITH TITLE 8,
SUBTITLE 18 OF THE NATURAL RESOURCES ARTICLE.
(5) “PERMIT HOLDER ” MEANS A PERSON:
(I) HOLDING A DISCHARGE P ERMIT FOR STORMWATER
ASSOCIATED WITH CONS TRUCTION ACTIVITY IS SUED BY THE DEPARTMENT ; OR
(II) AUTHORIZED BY THE DEPARTMENT FOR COVERA GE UNDER
A GENERAL DISCHARGE PERMIT FOR STORMWATE R ASSOCIATED WITH
CONSTRUCTION ACTIV ITY.
(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION
SUBSECTION (C) OF THIS SECTION AND FOR A CONSTRUCTION S ITE WITH A TOTAL Ch. 547 2023 LAWS OF MARYLAND
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PROPOSED DISTURBED A REA OF 5 ACRES OR MORE , THE DEPARTMENT MAY NOT
AUTHORIZE THE DISCHA RGE OF STORMWATER AS SOCIATED WITH CONSTR UCTION
ACTIVITY UNDER A GEN ERAL DISCHARGE PERMI T AND SHALL INSTEAD RE QUIRE AN
INDIVIDUAL DISCHARGE PERMIT UNTIL THE REQUIREMEN TS UNDER SUBSECTION
(B) OF THIS SECTION ARE SATISFIED IF:
(I) FOR A CONSTRUCTION SITE WITH A PROPOSED SITE
DISTURBANCE OF 10 ACRES OR MORE , IF ANY PORTION OF THE A REA OF
DISTURBANCE IS LOCAT ED IN:
1. (1) A WATERSHED OR CATCHME NT THAT DRAINS TO A
RECEIVING WATER DESI GNATED AS HIGH QUALI TY UNDER DEPARTMENT
REGULATIONS ;
2. (2) THE CRITICAL AREA BUFFER; OR
3. (3) A FLOODPLAIN AN AREA IDENTIFIED BY THE
FEDERAL EMERGENCY MANAGEMENT AGENCY AS HAVING A 1% CHANCE OF
ANNUAL FLOODING ; OR
(II) THE PERMIT APPLICANT HAS:
1. BEEN DETERMINED BY TH E DEPARTMENT TO BE IN
SIGNIFICANT NONCOMPL IANCE WITH THE TERMS OF ANY OTHER DISCHAR GE
PERMIT MORE THAN ONC E DURING THE 365 DAYS IMMEDIATELY PRE CEDING THE
DATE OF THE APPLICAT ION; OR
2. UNLAWFULLY BEGUN CONS TRUCTION ACTIVITY
WITHOUT A DISCHARGE PERMIT OR WITHOUT CO VERAGE UNDER A GENERAL
DISCHARGE PERMIT .
(B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , IF THE
DEPARTMENT RECEIVES A WRITTEN REQUEST WITH IN THE PUBLIC NOTIFI CATION
PERIOD OF THE GENERA L DISCHARGE PERMIT , THE DEPARTMENT SHALL EXTE ND
THE PUBLIC NOTICE PERIOD TO 60 DAYS TO PROVIDE THE REQUESTOR AN
OPPORTUNITY TO COMME NT ON THE POTENTIAL IMPACT OF INADEQUATE
CONSTRUCTION SITE CO NTROLS ON WATERS OF THE STATE.
(2) THE DEPARTMENT SHALL PROM PTLY:
(I) ACKNOWLEDGE RECEIPT O F THE WRITTEN REQUES T;
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(II) NOTIFY THE APPLICANT FOR THE GENERAL DISC HARGE
PERMIT OF THE WRITTE N REQUEST AND INCLUD E DETAILS REGARDING POTENTIAL
INADEQUACIES OF PROP OSED CONSTRUCTION SI TE CONTROLS;
(III) REQUEST AN ELECTRONIC COPY OF THE APPROVED
SEDIMENT CONTROL PLA N FROM THE A PPLICANT AND PROVIDE A COPY TO THE
REQUESTOR ; AND
(IV) NOTIFY THE APPLICANT IF ANY UPDATES TO TH E SEDIMENT
CONTROL PLAN ARE REQ UIRED PRIOR TO FINAL AUTHORIZATION OF THE GENERAL
DISCHARGE PERMIT .
(2) (C) THIS SUBSECTION SECTION DOES NOT APPLY TO
CONSTRUCTION ACTIVITY T HAT:
(I) (1) DOES NOT RESULT IN TH E ESTABLISHMENT OF A NY
PERMANENT RESIDENTIA L, COMMERCIAL , OR INDUSTRIAL BUILDI NG; AND
(II) (2) IS SOLELY INTENDED TO RESTORE NATURAL
RESOURCES, REDUCE WATER POLLUTI ON, OR IMPROVE WATER QUA LITY.
(3) THE PERMIT APPLICANT IS RESPONSIBLE FOR P ROVIDING TO THE
DEPARTMENT ALL INFORM ATION NECESSARY TO D ETERMINE WHETHER AN
INDIVIDUAL DISCHARGE PERMIT IS REQUIRED UNDER THIS SUBSECTION.
(C) (1) A PERMIT HOLDER MAY NO T:
(I) CAUSE, ALLOW, OR FAIL TO CONTROL R UNOFF OF SOIL OR
OTHER POLLUTANTS FRO M A CONSTRUCTION SIT E; OR
(II) CAUSE EROSION INTO WA TERS OF THE STATE LOCATED
WITHIN 500 FEET OF A CONSTRUCTI ON SITE.
(2) THE APPROVAL OF A SED IMENT CONTROL PLAN U NDER TITLE 4,
SUBTITLE 1 OF THIS ARTICLE DOES NOT RELEASE A PERMIT HOLDER FROM
LIABILITY FOR A VIOL ATION OF PARAGRAPH (1) OF THIS SUBSECTION .
(3) FOLLOWING INSPECT ION OR OTHERWISE ON THE COLLECTION OF
EVIDENCE OF A VIOLAT ION OF PARAGRAPH (1) OF THIS SUBSECTION , THE
DEPARTMENT OR AN ENFO RCEMENT UNIT , OFFICER, OR OFFICIAL OF A LOC AL
GOVERNMENT WITH DELE GATED AUTHORITY MAY ORDER THE PERMIT HOL DER TO
REMEDIATE ANY DAMAG E CAUSED BY THE VIOL ATION.
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(D) IF THE DEPARTMENT DETERMINES THAT A PERSON HAS UN LAWFULLY
ENGAGED IN CONSTRUCT ION ACTIVITY WITHOUT A DISCHARGE PERMIT O R
WITHOUT COVERAGE UND ER A GENERAL DISCHAR GE PERMIT, THE DEPARTMENT
SHALL:
(1) ORDER THE PERSON TO IMMEDIATELY CEASE AL L
CONSTRUCTION ACTIVIT Y;
(2) NOTIFY THE PERSON OF THE REQUIREMENT TO O BTAIN A
DISCHARGE PERMIT IN ACCORDANCE WITH SUBS ECTION (B) OF THIS SECTION; AND
(3) COMMENCE AN ENFORCEME NT ACTION AGAINST TH E PERSON TO:
(I) IMPOSE CIVIL OR ADMINISTRATIVE PE NALTIES IN
ACCORDANCE WITH § 9–342 OF THIS SUBTITLE ; AND
(II) SEEK ANY INJUNCTIVE R ELIEF THE DEPARTMENT
DETERMINES NECESSARY TO MITIGATE HARM TO THE ENVIRONMENT OR
SURROUNDING PROPERTY OWNERS.
9–342.
(a) (1) In addition to being subject to an injunctive action under this subtitle,
a person who violates any provision of this subtitle or of any rule, regulation, order, or
permit adopted or issued under this subtitle is liable to a civil penalty [not exceeding
$10,000], to be collected in a civil action brought by the Department.
(2) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS SUBSECTION , A
CIVIL PENALTY IMPOSE D UNDER THIS SUBSECT ION MAY NOT EXCEED $10,000 PER
VIOLATION.
(3) FOR A VIOLATION OF § 9–323.1(D) OF THIS SUBTITLE , THE CIVIL
PENALTY IMPOSED UNDE R THIS SUBSECTION :
(I) SHALL BE ASSESSED ON THE BASIS OF THE ACR EAGE OF
LAND DISTURBED BY CO NSTRUCTION ACTIVITY THAT WAS NOT AUTHORI ZED UNDER
A DISCHARGE PERMIT ; AND
(II) MAY NOT BE LESS THAN $25,000 PER ACRE OF LAND
UNLAWFULLY DISTURBED .
(4) Each day a violation occurs is a separate violation under this
subsection.
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(b) (1) In addition to any other remedies available at law or in equity and after
an opportunity for a hearing which may be waived in writing by the person accused of a
violation, the Department may impose a penalty for violation of any provision of this
subtitle or any rule, regulation, order, or permit adopted or issued under this subtitle.
(2) [The] EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS
SUBSECTION, THE penalty imposed on a person under this subsection shall be:
(i) Up to $10,000 for each violation, but not exceeding $100,000
total; and
(ii) Assessed with consideration given to:
1. The willfulness of the violation, the extent to which the
existence of the violation was known to but uncorrected by the violator, and the extent to
which the violator exercised reasonable care;
2. Any actual harm to the environment or to human health,
including injury to or impairment of the use of the waters of this State or the natural
resources of this State;
3. The cost of cleanup and the cost of restoration of natural
resources;
4. The nature and degree of injury to or interference with
general welfare, health, and property;
5. The extent to which the location of the violation, including
location near waters of this State or areas of human population, creates the potential for
harm to the environment or to human health or safety;
6. The available technology and economic reasonableness of
controlling, reducing, or eliminating the violation;
7. The degree of hazard posed by the particular pollutant or
pollutants involved; and
8. The extent to which the current violation is part of a
recurrent pattern of the same or similar type of violation committed by the violator.
(3) THE PENALTY IMPOSED O N A PERSON UNDER THI S SUBSECTION
FOR A VIOLATION OF § 9–323.1(D) OF THIS SUBTITLE :
(I) SHALL BE ASSESSED ON THE BASIS OF THE ACR EAGE OF
LAND DISTURBED BY CO NSTRUCTION ACTIVITY THAT WAS NO T AUTHORIZED UNDER
A DISCHARGE PERMIT ; AND Ch. 547 2023 LAWS OF MARYLAND
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(II) MAY NOT BE LESS THAN $25,000 PER ACRE OF LAND
UNLAWFULLY DISTURBED .
(4) Each day a violation occurs is a separate violation under this
subsection.
[(4)] (5) Any penalty imposed under this subsection is payable to this
State and collectible in any manner provided at law for the collection of debts.
[(5)] (6) If any person who is liable to pay a penalty imposed under this
subsection fails to pay it after demand, the amount, together with interest and any costs
that may accrue, shall be:
(i) A lien in favor of this State on any property, real or personal, of
the person; and
(ii) Recorded in the office of the clerk of court for the county in which
the property is located.
[(6)] (7) Any penalty collected under this subsection shall be placed in a
special fund to be used for monitoring and surveillance by the Department to assure and
maintain an adequate record of any violations, including discharge of waste material and
other pollutants into the waters of this State or into the environment.
SECTION 2. AND BE IT FURTHER ENACTED, That on or before November 1,
2023, the Department of the Environment shall report to the General Assembly, in
accordance with § 2–1257 of the State Government Article, on the Department’s plans and
resources needed for reviewing and updating specifications for sediment control plans.
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2023.
Approved by the Governor, May 8, 2023.