EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0007*
SENATE BILL 7
M3 EMERGENCY BILL 3lr0883
(PRE–FILED) CF HB 30
By: Senator West
Requested: November 18, 2022
Introduced and read first time: January 11, 2023
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Environment – On–Site Wastewater Services – Board, Fees, and Penalties 2
FOR the purpose of altering the composition of the State Board of On–Site Wastewater 3
Professionals; clarifying and altering the distribution of certain fees and penalties; 4
clarifying the application of certain license requirements and penalties; and 5
generally relating to the regulation of on–site wastewater services. 6
BY repealing and reenacting, with amendments, 7
Article – Environment 8
Section 9–217.2, 9–11A–06(a), and 9–11A–15 9
Annotated Code of Maryland 10
(2014 Replacement Volume and 2022 Supplement) 11
BY repealing and reenacting, without amendments, 12
Article – Environment 13
Section 9–11A–01(a) and (b) and 9–11A–11 14
Annotated Code of Maryland 15
(2014 Replacement Volume and 2022 Supplement) 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – Environment 19
9–217.2. 20
(a) In this section, “license holder” means an individual who holds a valid on–site 21
wastewater property transfer inspection license issued by the Department under this 22
section. 23
2 SENATE BILL 7
(b) This section does not apply to an individual who inspects an on–site sewage 1
disposal system as a part of the individual’s duties as an employee of the federal 2
government, the State, or any local government of the State. 3
(c) On or after July 1, 2022, an individual may not engage in the business of 4
inspecting an on–site sewage disposal system FOR THE PURPOSE OF PRO PERTY 5
TRANSFER unless the individual holds a valid on–site wastewater property transfer 6
inspection license issued by the Department. 7
(d) (1) On or before January 1, 2022, the Department shall adopt regulations 8
establishing eligibility criteria, minimum training standards for on–site wastewater 9
property transfer inspection licenses, the frequency with which licenses must be renewed, 10
and the fees for license applications and renewals. 11
(2) The regulations adopted under this subsection shall require that: 12
(i) The training include instruction on determining whether an 13
on–site sewage disposal system is: 14
1. In need of replacement or repair; and 15
2. Not in compliance with statutory or regulatory 16
requirements; and 17
(ii) Each inspection performed by a license holder follows the 18
inspection format provided by the Department. 19
(e) (1) An applicant for a license under this section shall: 20
[(1)] (I) Submit an application to the Department on the form the 21
Department provides; and 22
[(2)] (II) Pay an application fee set by the Department. 23
(2) APPLICATION FEES COLL ECTED BY THE DEPARTMENT UNDER 24
THIS SUBSECTION SHAL L BE PAID INTO THE ON–SITE WASTEWATER 25
PROFESSIONALS FUND ESTABLISHED UNDE R § 9–11A–11 OF THIS TITLE. 26
(f) (1) An individual who violates a provision of this section or any regulation 27
adopted under this section is subject to an administrative penalty not exceeding $10,000. 28
(2) Each on–site sewage disposal system that an individual knowingly 29
inspects FOR THE PURPOSE OF PROPERTY TRANSFER without a valid on–site 30
wastewater property transfer inspection license constitutes a separate violation of this 31
section. 32
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(3) Any administrative penalty collected by the Department under this 1
subsection shall be paid into the [separate account within the Bay Restoration Fund 2
established under § 9–1605.2(h)] MARYLAND CLEAN WATER FUND ESTABLISHED 3
UNDER § 9–320 of this title. 4
(g) A local government may establish additional requirements for inspections of 5
on–site sewage disposal systems. 6
9–11A–01. 7
(a) In this subtitle the following words have the meanings indicated. 8
(b) “Board” means the State Board of On–Site Wastewater Professionals. 9
9–11A–06. 10
(a) (1) The Board consists of the following members: 11
(i) The Secretary, or the Secretary’s designee; 12
(ii) Six individuals appointed by the Governor with the advice of the 13
Secretary and with the advice and consent of the Senate; 14
(iii) One individual designated by the Maryland Onsite Wastewater 15
Professionals Association; and 16
(iv) One representative of the Maryland Conference of Local 17
Environmental Health Directors, designated by the Maryland Conference of Local 18
Environmental Health Directors. 19
(2) Of the members of the Board: 20
(i) At least [six] FIVE shall be on–site wastewater professionals; 21
and 22
(ii) Two shall be consumer members. 23
(3) (i) [Of the] THE on–site wastewater professional members of the 24
Board[: 25
1. At least one shall be from the area that consists of 26
Allegany County, Frederick County, Garrett County, and Washington County; 27
2. At least one shall be from the area that consists of 28
Baltimore City, Baltimore County, Carroll County, Harford County, Howard County, and 29
Montgomery County; 30 4 SENATE BILL 7
3. At least one shall be from the area that consists of Anne 1
Arundel County and Prince George’s County; 2
4. At least one shall be from the area that consists of Caroline 3
County, Cecil County, Dorchester County, Kent County, Queen Anne’s County, Somerset 4
County, Talbot County, Wicomico County, and Worcester County; and 5
5. At least one shall be from the area that consists of Calvert 6
County, Charles County, and St. Mary’s County] SHALL BE REPRESENTAT IVE OF ALL 7
GEOGRAPHIC REGIONS O F THE STATE. 8
(ii) Before July 1, 2026, the on–site wastewater professional 9
members of the Board shall: 10
1. Be licensed by a local government; or 11
2. Hold a letter from the local health department stating that 12
the member has been providing on–site wastewater services for a minimum of 7 years and 13
is in good standing. 14
(iii) On and after July 1, 2026, and in accordance with this subtitle, 15
the on–site wastewater professional members of the Board shall be licensed by the Board. 16
(4) Each consumer member of the Board: 17
(i) Shall be a member of the general public; 18
(ii) May not be a licensee or otherwise be subject to regulation by the 19
Board; 20
(iii) May not be required to meet the qualifications for the 21
professional members of the Board; and 22
(iv) May not, within 1 year before appointment, have had a financial 23
interest in or have received compensation from a person regulated by the Board. 24
9–11A–11. 25
(a) In this section, “Fund” means the On–Site Wastewater Professionals Fund. 26
(b) There is an On–Site Wastewater Professionals Fund. 27
(c) The purpose of the Fund is to provide funding to maintain the Board. 28
(d) The Board shall administer the Fund. 29
SENATE BILL 7 5
(e) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of 1
the State Finance and Procurement Article. 2
(2) The State Treasurer shall hold the Fun d separately, and the 3
Comptroller shall account for the Fund. 4
(f) The Fund consists of: 5
(1) All fees, penalties, and fines collected under this subtitle; 6
(2) Money appropriated in the State budget to the Fund; 7
(3) Interest earnings of the Fund; 8
(4) Donations to the Fund; and 9
(5) Any other money from any other source accepted for the benefit of the 10
Fund. 11
(g) The Fund shall be used only to pay for the cost of creating the Board, 12
maintenance of the Board, reasonable administrative costs, and implement the provisions 13
of this subtitle. 14
(h) (1) The State Treasurer shall invest the money of the Fund in the same 15
manner as other State money may be invested. 16
(2) Any interest earnings of the Fund shall be credited to the Fund. 17
(i) Expenditures from the Fund may be made only in accordance with the State 18
budget. 19
(j) Money expended from the Fund to maintain the Board or implement the 20
provisions of this subtitle is supplemental to and is not intended to take the place of funding 21
that otherwise would be appropriated for the Board. 22
9–11A–15. 23
(a) (1) Except as provided in paragraph (2) of this subsection, an individual 24
shall be licensed by the Board in accordance with this subtitle before the individual may 25
provide on–site wastewater services in the State. 26
(2) (i) An individual who provides on–site wastewater services in the 27
State may continue to provide on–site wastewater services until the licensing requirements 28
are established by the Department by regulation if the individual: 29
1. Complies with all applicable State and local laws and 30
regulations; 31 6 SENATE BILL 7
2. On or before December 31, 2022, pays to the Department 1
a fee of $150; and 2
3. Every 2 years thereafter until the Department sets fees in 3
accordance with § 9–11A–10 of this subtitle, pays to the Department a renewal fee of $150. 4
(ii) All fees collected by the Department under this paragraph shall 5
be [used]: 6
1. PAID INTO THE ON–SITE WASTEWATER 7
PROFESSIONALS FUND ESTABLISHED UNDE R § 9–11A–11 OF THIS SUBTITLE; AND 8
2. USED by the Department to: 9
[1.] A. Pay for the creation of the Board; 10
[2.] B. Cover reasonable administrative costs; and 11
[3.] C. Implement the provisions of this subtitle. 12
(b) To qualify for a license, an applicant shall meet the requirements established 13
by the Department by regulation. 14
(c) To apply for a license, an applicant shall: 15
(1) Submit to the Board an application on the form that the Board provides; 16
and 17
(2) Pay to the Board the required application fee set by the Department by 18
regulation. 19
(d) A license issued by the Board in accordance with this subtitle is valid for 2 20
years. 21
(e) In accordance with the requirements established by the Department by 22
regulation, the Board may issue a certification to an individual to perform specific tasks 23
associated with on–site wastewater services if the individual: 24
(1) Is licensed by the Board; or 25
(2) Holds a professional license that is approved by the Board. 26
SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 27
measure, is necessary for the immediate preservation of the public health or safety, has 28
been passed by a yea and nay vote supported by three–fifths of all the members elected to 29 SENATE BILL 7 7
each of the two Houses of the General Assembly, and shall take effect from the date it is 1
enacted. 2