Maryland 2023 Regular Session

Maryland Senate Bill SB936

Introduced
2/17/23  

Caption

Water Pollution Control - Discharges From Construction Sites - Limits on Liability

Impact

The implications of SB936 are significant as it modifies existing provisions related to the enforcement of water pollution regulations. Under the new bill, construction entities could face limited liability for certain discharge violations unless they willfully contributed to the situation. This change is expected to encourage compliance by alleviating concerns over substantial penalties for accidental discharges, while still maintaining a structure for monitoring and accountability within the construction industry. A special fund is also established for enforcing these regulations, highlighting the proactive approach in maintaining environmental integrity.

Summary

Senate Bill 936 is focused on water pollution control specifically concerning discharges from construction sites. The bill aims to limit the liability of certain individuals or entities in cases of unintentional discharges, providing clear regulations surrounding penalties related to such violations. It introduces a framework where penalties for civil violations are defined, emphasizing the importance of ensuring that these penalties are proportionate and take into account the willfulness of the violation, environmental harm, and cleanup costs incurred.

Contention

However, the bill has raised points of contention among environmental advocacy groups and some legislators who argue that limiting liability could potentially undermine environmental protections. Critics express concerns that the provisions may allow negligent practices to continue without sufficient accountability and that it may hinder efforts to enforce strict compliance with environmental standards. The balance between enabling construction progress and ensuring environmental safeguards is a central debate surrounding SB936, emphasizing the need for a structured yet fair approach to regulation.

Companion Bills

MD HB635

Crossfiled Water Pollution Control - Discharges From Construction Sites - Limits on Liability

Previously Filed As

MD HB635

Water Pollution Control - Discharges From Construction Sites - Limits on Liability

MD SB956

Environment - Water Pollution Control - Protecting State Waters From PFAS Pollution (Protecting State Waters From PFAS Pollution Act)

MD HB1153

Environment – Water Pollution Control – Protecting State Waters From PFAS Pollution (Protecting State Waters From PFAS Pollution Act)

MD SB471

Sediment Control Plans, Discharge Permits for Stormwater Associated With Construction Activity, and Notice and Comment Requirements

MD HB607

Sediment Control Plans, Discharge Permits for Stormwater Associated With Construction Activity, and Notice and Comment Requirements

MD HB205

Oil And Gas: Waste, Discharge, Pollution

MD SB876

Water Pollution - Oyster Repletion Supplemental Environmental Projects

MD HB1201

Water Pollution - Oyster Repletion Supplemental Environmental Projects

MD SB1377

Relating To Water Pollution Control.

MD SB1377

Relating To Water Pollution Control.

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