WES MOORE, Governor Ch. 535
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Chapter 535
(House Bill 1101)
AN ACT concerning
Standing – Environmental and Natural Resources Protection Proceedings
(Clean Water Justice Act of 2024)
FOR the purpose of providing certain persons and associations standing in certain
environmental and natural resources protection proceedings, including proceedings
arising under provisions of law relating to water quality and water resources
protection, subject to certain conditions; authorizing certain persons that meet
certain standing requirements to bring certain civil actions under certain
circumstances; requiring a plaintiff, under certain circumstances, to give certain
notice and provide certain documentation to the Department of the Environment and
the Attorney General in a certain manner and to file a certain affidavit; authorizing
a court to grant certain relief, award certain costs of litigation, and impose certain
civil penalties in certain civil actions under certain circumstances; authorizing
certain persons that meet certain standing requirements to intervene in certain
proceedings under certain circumstances; and generally relating to standing in
certain environmental and natural resources protection proceedings.
BY adding to
Article – Environment
Section 1–901 through 1–905 1–904 to be under the new subtitle “Subtitle 9. Clean
Water Justice Act”
Annotated Code of Maryland
(2013 Replacement Volume and 2023 Supplement)
BY repealing
Article – Environment
Section 9–344.1
Annotated Code of Maryland
(2014 Replacement Volume and 2023 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Environment
SUBTITLE 9. CLEAN WATER JUSTICE ACT.
1–901.
Ch. 535 2024 LAWS OF MARYLAND
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(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(B) “ASSOCIATION” MEANS AN ASSOCIATION , A CORPORATION , OR ANY
OTHER ORGANIZATION T HAT CONSISTS OF TWO OR MORE MEMBERS JOIN ED BY
MUTUAL CONSENT FOR A COMMON PURPOSE .
(C) (B) “COSTS OF LITIGATION ” INCLUDES REASONABLE ATTORNEY’S
FEES, COURT COSTS , AND EXPERT WITNESS FEES , AND DOCUMENTED COSTS
INCURRED IN INVESTIGATING ALLEGE D VIOLATIONS.
(D) (1) “INJURY IN FACT ” MEANS AN INVASION OF A LEGALLY
PROTECTED INTEREST T HAT IS:
(I) CONCRETE AND PARTICUL ARIZED;
(II) ACTUAL OR IMMINENT ; AND
(III) NOT CONJECTURAL OR HY POTHETICAL.
(2) “INJURY IN FACT” INCLUDES:
(I) A PROPERTY RIGHT OR PE RSONAL INTEREST THAT IS
DISTINCT FROM , OR SPECIFICALLY AFFE CTED IN A WAY THAT I S DISTINCT FROM , A
PROPERTY RIGHT OR PE RSONAL INTEREST OF T HE GENERAL PUBLIC ; AND
(II) A NEGATIVE IMPACT , OR THE THREAT OF A N EGATIVE
IMPACT, TO A PERSON’S HEALTH OR TO THE U SE AND ENJOYMENT OF A NATURAL
RESOURCE OR ENVIRONMENT , INCLUDING A NEGATIVE IMPACT TO AESTHETIC ,
RECREATIONAL , CONSERVATIONAL , AND ECONOMIC INTERES TS THAT MAY BE
SHARED AMONG COMMUNI TY MEMBERS.
(C) “EPHEMERAL STREAM ” MEANS A BODY OF WATE R WITH:
(1) A STREAM BED LOCATED A BOVE THE WATER TABLE YEAR–ROUND;
(2) A STREAM FLOW PRIMARIL Y SOURCED FROM RAINF ALL RUNOFF;
AND
(3) FLOWING WATER ONLY DU RING, AND FOR A SHORT DURA TION
AFTER, PRECIPITATION EVENTS IN A TYPICAL YEAR.
(D) “INTERMITTENT STREAM ” MEANS A BODY OF WATER WITH:
WES MOORE, Governor Ch. 535
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(1) FLOWING WATER DURING CERTAIN TIMES OF THE YEAR, WHEN
GROUNDWATER PROVIDES WATER FOR STREAM FLO W; AND
(2) A STREAM FLOW SUPPLEME NTED BY RUNOFF FROM RAINFALL.
(E) “PERSON” MEANS AN INDIVIDUAL , RECEIVER, TRUSTEE, GUARDIAN,
PERSONAL REPRESENTAT IVE, FIDUCIARY, OR REPRESENTATIVE OF ANY KIND AND
ANY PARTNERSHIP , FIRM, ASSOCIATION, CORPORATION , OR OTHER
NONGOVERNMENTAL ENTI TY.
(F) “POLITICAL SUBDIVISION ” MEANS:
(1) A COUNTY;
(2) THE CITY OF BALTIMORE;
(3) A MULTICOUNTY AGENCY ;
(4) A MUNICIPAL CORPORATIO N;
(5) A SINGLE–PURPOSE DISTRICT ; OR
(6) A SOIL CONSERVATION OR SANITARY DISTRICT .
(F) “SECRETARY” MEANS THE SECRETARY OF ANY STATE AGENCY ,
APPOINTED BY THE GOVERNOR.
(G) (F) (G) “STANDARD” MEANS ANY REQUIREMEN T, PROHIBITION,
LIMITATION, OR CONDITION ESTABLI SHED BY STATUTE , REGULATION , PERMIT,
ORDER, OR LICENSE ISSUED BY A SECRETARY THE SECRETARY OR ANY OTHER
OFFICE OR AGENCY OF THE STATE, A LOCAL GOVERNMENT , OR A POLITICAL
SUBDIVISION IN ACCORDANCE WITH :
(1) TITLE 4, TITLE 5, SUBTITLE 9 OF THIS ARTICLE , IF THE
REQUIREMENT , PROHIBITION, LIMITATION, OR CONDITION IS RELA TED TO
NONTIDAL WETLANDS TH AT DO NOT HAVE A CON TINUOUS SURFACE CONN ECTION TO
SURFACE WATER ; OR
(2) TITLE 9, SUBTITLE 3 OR TITLE 16 OF THIS ARTICLE , IF THE
REQUIREMENT , PROHIBITION, LIMITATION, OR CONDITION IS HYDROLOGICALLY
CONNECTED RELATED TO:
(I) AN EPHEMERAL STREAM ; OR
Ch. 535 2024 LAWS OF MARYLAND
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(II) AN INTERMITTENT STREA M.
1–902.
(A) (1) SUBJECT TO PARAGRAPH (2) OF EXCEPT AS PROVIDED IN THIS
SUBSECTION SUBTITLE, A PERSON THAT MEETS THE THRES HOLD STANDING
REQUIREMENTS UNDER F EDERAL LAW HAS STANDING IN CIVIL CLAIMS ARISING
UNDER ANY STANDARD TITLE 4, TITLE 5, TITLE 9, OR TITLE 16 OF THIS ARTICLE OR
TITLE 1, SUBTITLE 3, TITLE 5, SUBTITLE 16, OR TITLE 8, SUBTITLE 18 OF THE
NATURAL RESOURCES ARTICLE IF THE PERSON SUFFERS AN INJURY IN FACT THAT :
(I) IS FAIRLY TRACEABLE T O THE CHALLENGED ACT ION OR
CONDUCT OF THE DEFEN DANT; AND
(II) IS LIKELY TO BE REDRESS ED BY THE REQUESTED RELIEF
OR A FAVORABLE JUDIC IAL DECISION.
(2) AN INTEREST OR INJURY ASSERTED UNDER THIS SECTION SHALL
FALL WITHIN THE ZONE OF INTERESTS SOUGHT TO BE PROTECTED BY TITLE 4,
TITLE 5, TITLE 9, OR TITLE 16 OF THIS ARTICLE AND TITLE 1, SUBTITLE 3, TITLE
5, SUBTITLE 16, OR TITLE 8, SUBTITLE 18 OF THE NATURAL RESOURCES ARTICLE.
(B) IN ADDITION TO SUBSEC TION (A) OF THIS SECTION , AN ASSOCIATION
HAS STANDING IN CLAI MS ARISING UNDER TITLE 4, TITLE 5, TITLE 9, OR TITLE 16
OF THIS ARTICLE OR TITLE 1, SUBTITLE 3, TITLE 5, SUBTITLE 16, OR TITLE 8,
SUBTITLE 18 OF THE NATURAL RESOURCES ARTICLE IF:
(1) ONE OR MORE MEMBERS O F THE ASSOCIATION HA VE STANDING
UNDER SUBSECTION (A) OF THIS SECTION;
(2) THE INTERESTS THAT TH E ASSOCIATION SEEKS TO PROTECT ARE
GERMANE TO ITS PURPO SES; AND
(3) NEITHER THE CLAIM ASS ERTED NOR THE RELIEF REQUESTED
REQUIRES THE PARTICI PATION OF THE MEMBER .
1–903.
(A) SUBJECT TO SUBSECTION (B) OF THIS SECTION , A PERSON THAT HAS
STANDING UNDER § 1–902 OF THIS SUBTITLE MAY BRING A CIVIL ACTION ON THE
PERSON’S OWN BEHALF AGAINST ANY PERSON OR POLITICAL SUBDIVI SION OR
GOVERNMENTAL ENTITY THAT IS ALLEGED TO HAVE VIOLATED OR TO BE IN
VIOLATION OF ANY STA NDARD. WES MOORE, Governor Ch. 535
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(B) (1) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , AN ACTION
MAY NOT BE BROUGHT UNDER SUB SECTION (A) OF THIS SECTION AT LEAST 60 DAYS
AFTER THE PLAINTIFF HAS GIVEN UNLESS THE PLAINTIFF HAS FIRST BEEN GIVEN
GIVES 60 DAYS NOTICE OF THE ALLEGE D VIOLATION.
(2) NOTICE UNDER THIS SUB SECTION SHALL BE :
(I) 1. BY CERTIFIED MAIL; OR
2. PERSONAL SERVICE ; AND
(II) PROVIDED TO:
1. THE APPROPRIATE SECRETAR Y SECRETARY;
2. THE ATTORNEY GENERAL;
3. ANY LOCAL JURISDICTIO N IN WHICH THE ALLEGED
VIOLATION HAS OCCURRED IS ALLEGED TO OCCUR ; AND
4. AN ALLEGED VIOLATOR O F THE STANDARD .
(3) (I) AN ACTION MAY NOT BE BROUGHT UNDER SUBSEC TION (A)
OF THIS SECTION IF T HE SECRETARY SECRETARY HAS COMMENCED AND IS
DILIGENTLY PROSECUTI NG A CIVIL OR CRIMINAL ACTION IN A COURT OF THE STATE
OR A CONSENT ORDER I S ENTERED TO REQUIRE COMPLIANC E FROM THE ALLEGED
VIOLATOR WITHOUT UNDUE DELAY OR UNREASONABLE SCHEDUL ES FOR
RETURNING TO COMPLIA NCE.
(II) NOTWITHSTANDING SUBPA RAGRAPH (I) OF THIS
PARAGRAPH , A PERSON THAT HAS STANDING UNDER § 1–902 OF THIS SUBTITLE
MEETS THE THRESHOLD STANDING REQUIREMENT S UNDER FEDERAL LAW MAY
INTERVENE IN THE A CIVIL ACTION BROUGHT BY TH E SECRETARY SECRETARY
UNDER:
1. TITLE 5, SUBTITLE 9 OF THIS ARTICLE; OR
2. TITLE 9, SUBTITLE 3 OF THIS ARTICLE, AS PROVIDED
IN § 1–904 OF THIS SUBTITLE.
(4) NOTICE UNDER THIS SUB SECTION SHALL IDENTI FY:
(I) A STANDARD VIOLATED ; Ch. 535 2024 LAWS OF MARYLAND
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(II) AN ACTIVITY CONSTITUT ING THE VIOLATION ;
(III) A PERSON SUSPECTED OF BEING RESPONSIBLE FO R THE
VIOLATION;
(IV) THE LOCATION OF THE V IOLATION;
(V) THE DATES OF VIOLATIO NS IF KNOWN; AND
(VI) THE NAME AND ADDRESS OF THE PERSON GIVING NOTICE.
(C) AN ACTION BROUGHT IN ACCORDANCE WI TH THIS SECTION SHAL L BE
BROUGHT IN ANY CIRCU IT COURT OF A COUNTY WHERE THE ALLEGED CONDITION,
ACTIVITY, OR FAILURE IS OCCURRING, HAS OCCURRED , OR IS LIKELY TO OCCU R IS
ALLEGED TO BE A VIOL ATION OF A STANDARD .
(D) BEFORE THE ENTERING O F ANY CONSENT JUDGM ENT TO WHICH THE
DEPARTMENT IS NOT A P ARTY OR BEFORE THE D ISMISSAL OF ANY CASE FILED IN
ACCORDANCE WITH THIS SUBTITLE SUBJECT TO A SETTLEMENT AGREEME NT, THE
PLAINTIFF SHALL :
(1) GIVE NOTICE AND PROVI DE A COMPLETE AND UN REDACTED COPY
OF THE PROPOSED CONS ENT JUDGMENT OR SETT LEMENT AGREEMENT TO THE
DEPARTMENT AND THE ATTORNEY GENERAL BY PERSONAL S ERVICE OR CERTIFIED
MAIL AT LEAST 45 DAYS BEFORE THE DATE THAT THE PROPOSED CO NSENT
JUDGMENT OR SETTLEME NT AGREEMENT IS FILE D WITH THE COURT ; AND
(2) FILE AN AFFIDAVIT WITH THE C OURT UNDER PENALTY O F
PERJURY INDICATING C OMPLIANCE WITH THE R EQUIREMENT UNDER ITE M (1) OF
THIS SUBSECTION .
(E) A COURT MAY:
(1) ORDER THE ENFORCEMENT OF A STANDARD CHALLENGED
UNDER THIS SECTION ;; AND
(2) GRANT:
(I) TEMPORAR Y OR PERMANENT EQUIT ABLE RELIEF; OR
(II) ANY EXCEPT AS OTHERWISE P ROVIDED BY THIS SUBT ITLE,
ANY OTHER RELIEF PROVIDE D UNDER A STATUTE CHALLENGED UNDER THI S
SECTION STANDARD; AND WES MOORE, Governor Ch. 535
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(3) IMPOSE CONDITIONS ON A DEFENDANT TO REQUI RE THE
PROTECTION OF LAND , AIR, WATER, AND OTHER NATURAL RE SOURCES OR PUBLIC
HEALTH FROM POLLUTIO N, IMPAIRMENT, OR DESTRUCTION .
(E) (1) (F) IN AN ACTION UNDER TH IS SECTION, THE COURT MAY
AWARD THE COSTS OF L ITIGATION TO:
(I) (1) A PREVAILING PLAINTIFF ; OR
(II) (2) A SUBSTANTIALLY PREVAI LING PLAINTIFF; OR
(3) A SUBSTANTIALLY PREVAI LING DEFENDANT IF TH E PLAINTIFF’S
CLAIM WAS FRIVOLOUS , UNREASONABLE , OR GROUNDLESS . IF THE PLAINTIFF HAS:
1. PARTICIPATED IN AN AC TION TO ENFORCE A
VIOLATION FOLLOWING THE ISSUANCE OF NOTICE UNDER SUBSECT ION (B) OF THIS
SECTION; AND
2. A. SUCCESSFULLY ESTABLIS HED THE LIABILITY
OF A DEFENDANT IN FE WER THAN ALL OF THE ASSERTED CLAIMS ; OR
B. OTHERWISE ADVANCED TH E PURPOSE OF THE
RELEVANT STATUTES TH ROUGH THE OUTCOME OF THE ACTION BY IMPROVING
ENVIRONMENTAL QUALIT Y, PROTECTING PUBLIC HE ALTH, OR REDUCING
POLLUTION.
(2) IF A PARTY TO AN ACTI ON UNDER THIS SECTIO N ACTS IN BAD
FAITH OR WITHOUT SUB STANTIAL JUSTIFICATI ON IN MAINTAINING OR DEFENDING
THE ACTION, THE COURT MAY AWARD TO THE ADVERSE PARTY THE COSTS OF
LITIGATION.
(F) (G) (1) (I) A EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS
SUBSECTION, A COURT MAY IMPOSE A C IVIL PENALTY AUTHORI ZED IN ACCORDANCE
WITH THE STATUTE UND ER WHICH AN ACTION I S BROUGHT UNDER THIS SECTION.
(II) INSTEAD OF IMPOSING A CIVIL PENALTY UNDER
SUBPARAGRAPH (I) OF THIS PARAGRAPH , A A COURT MAY ORDER APPROVE A
CONSENT JUDGMENT OR SETTLEMENT AGREEMENT BETWEEN THE PARTIES THAT
INCLUDES A SUPPLEMENTAL ENVIR ONMENTAL PROJECT .
(2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , A A CIVIL
PENALTY COLLECTED UN DER THIS SUBSECTION SHALL BE DEPOSITED I N A MANNER
SPECIFIED BY THE STA TUTE. Ch. 535 2024 LAWS OF MARYLAND
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(3) IF THE ENFORCEMENT OF A STATUTORY DUTY HAS BEEN
DELEGATED TO A LOCAL GOVERNMENT , UP TO 50% OF A CIVIL PENALTY C OLLECTED
UNDER THIS SUBSECTIO N MAY BE AWARDED TO THE LOCAL GOVERNMENT THE
STATE MAY NOT BE HELD LIABLE FOR CIVIL PEN ALTIES IN ANY ACTION UNDER THIS
SUBTITLE.
1–904.
(A) (1) THIS SECTION DOES NOT APPLY TO § 1–903(B)(3) OF THIS
SUBTITLE.
(B) A SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A PERSON THAT
HAS STANDING UNDER § 1–902 OF THIS SUBTITLE MEETS THE THRESHOLD
STANDING REQUIREMENT S UNDER FEDERAL LAW MAY HAS THE UNCONDITIONA L
RIGHT AND THE AUTHOR ITY TO INTERVENE AS A MATTER OF RIGHT IN AN A CIVIL
ACTION ARISING UNDER TITLE 4, TITLE 5, TITLE 9, OR TITLE 16 OF THIS ARTICLE
OR TITLE 1, SUBTITLE 3, TITLE 5, SUBTITLE 16, OR TITLE 8, SUBTITLE 18 OF THE
NATURAL RESOURCES ARTICLE, UNLESS A DEFENDANT D EMONSTRATES THAT THE
PERSON’S INTEREST IS ADEQUATELY REP RESENTED BY EXISTING PARTIES ANY
STANDARD BROUGHT BY THE SECRETARY UNDER :
(I) TITLE 5, SUBTITLE 9 OF THIS ARTICLE; OR
(II) TITLE 9, SUBTITLE 3 OF THIS ARTICLE.
(2) A PERSON SHALL EXERCIS E THE RIGHT TO INTER VENE UNDER
PARAGRAPH (1) OF THIS SUBSECTION IN ACCORD ANCE WITH THE APPLIC ABLE
PRACTICES, PROCEDURES , AND LAWS IN THE STATE.
(3) A PERSON THAT HAS STAN DING TO INTERVENE UN DER § 1–902 OF
THIS SUBTITLE PARAGRAPH (1) OF THIS SUBSECTION HAS THE SAME RIGHTS AS AN
INTERESTED PERSON OR AGGRIEVED PARTY UNDE R THE FEDERAL CLEAN WATER
ACT.
(C) (B) THE STATE MAY INTERVENE A S A MATTER OF RIGHT AT ANY TIME
IN A ANY PROCEEDING BROUGHT U NDER THIS SUBTITLE .
(D) NOTWITHSTANDING § 1–903(B)(3) OF THIS SUBTITLE AND SUB SECTION
(A) OF THIS SECTION , A COURT MAY GRANT IN TERVENTION ON MOTION BY ANY
PARTY.
1–905. WES MOORE, Governor Ch. 535
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THE PROVISIONS OF THI S SUBTITLE SUPERSEDE ANY INCONSISTENT
PROVISION OF ANY STATE, COUNTY, OR MUNICIPAL LAW , ORDINANCE, OR
REGULATION AND ANY JUDICIAL INTERPRETAT ION TO THE EXTENT OF THE
INCONSISTENCY .
[9–344.1.
(a) Subject to subsection (b) of this section, a person who meets the threshold
standing requirements under the federal Clean Water Act has an unconditional right and
the authority to intervene in a civil action that the State initiates in State court to require
compliance with:
(1) This subtitle;
(2) Regulations adopted by the Department in accordance with this
subtitle; or
(3) Any discharge permit, effluent limitation, or order issued by the
Department in accordance with this subtitle.
(b) A person shall exercise the right to intervene under subsection (a) of this
section in accordance with the applicable practices, procedures, and laws in the State.
(c) A person who meets the requirements to intervene under subsection (a) of this
section has the same rights as an interested person or aggrieved party under the federal
Clean Water Act, including the right to apply for judicial appeal.]
SECTION 2. AND BE IT FURTHER ENAC TED, That, if any provision of this Act or
the application thereof to any person or circumstance is held invalid for any reason in a
court of competent jurisdiction, the invalidity does not affect other provisions or any other
application of this Act that can be given effect without the invalid provision or application,
and for this purpose the provisions of this Act are declared severable.
SECTION 3. AND BE IT FURTHER ENACTED, That it is the intent of the General
Assembly that this Act:
(1) provide certain remedies to abate the pollution, destruction, or
substantial or unreasonable impairment to the public health, water quality, or any other
natural resource of the State;
(2) may not abridge or alter any right of action or remedies that exist under
law; and
(3) may not be construed as stopping or limiting the State or any person in
the exercise of the right to: Ch. 535 2024 LAWS OF MARYLAND
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(i) protect the natural resources of the State;
(ii) suppress nuisances; or
(iii) abate pollution.
SECTION 4. AND BE IT FU RTHER ENACTED, That this Act shall take effect
October 1, 2024.
Approved by the Governor, May 9, 2024.