EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1131*
HOUSE BILL 1131
M3 4lr2051
CF SB 942
By: Delegate Bagnall
Introduced and read first time: February 7, 2024
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Environment – Managed Aquifer Recharge Pilot Program – Establishment 2
FOR the purpose of establishing the Managed Aquifer Recharge Pilot Program; authorizing 3
the Department of the Environment to review, permit, and regulate a process to test 4
the use of treated reclaimed water from a demonstration facility as a source for 5
groundwater augmentation under certain circumstances; and generally relating to 6
the Managed Aquifer Recharge Pilot Program. 7
BY repealing and reenacting, with amendments, 8
Article – Environment 9
Section 1–601(a) 10
Annotated Code of Maryland 11
(2013 Replacement Volume and 2023 Supplement) 12
BY repealing and reenacting, without amendments, 13
Article – Environment 14
Section 9–301(a) and (f) 15
Annotated Code of Maryland 16
(2014 Replacement Volume and 2023 Supplement) 17
BY adding to 18
Article – Environment 19
Section 9–303.4 20
Annotated Code of Maryland 21
(2014 Replacement Volume and 2023 Supplement) 22
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23
That the Laws of Maryland read as follows: 24
Article – Environment 25
2 HOUSE BILL 1131
1–601. 1
(a) Permits issued by the Department under the following sections shall be issued 2
in accordance with this subtitle: 3
(1) Air quality control permits to construct subject to § 2–404 of this article; 4
(2) Permits to install, materially alter, or materially extend landfill 5
systems, incinerators for public use, or rubble landfills subject to § 9–209 of this article; 6
(3) Permits to discharge pollutants to waters of the State issued pursuant 7
to § 9–323 of this article; 8
(4) Permits to install, materially alter, or materially extend a structure 9
used for storage or distribution of any type of sewage sludge issued, renewed, or amended 10
pursuant to § 9–234.1 or § 9–238 of this article; 11
(5) Permits to own, operate, establish, or maintain a controlled hazardous 12
substance facility issued pursuant to § 7–232 of this article; 13
(6) Permits to own, operate, or maintain a hazardous material facility 14
issued pursuant to § 7–103 of this article; 15
(7) Permits to own, operate, establish, or maintain a low–level nuclear 16
waste facility issued pursuant to § 7–233 of this article; [and] 17
(8) Potable reuse permits issued in accordance with § 9–303.2 of this 18
article; AND 19
(9) MANAGED AQUIFER RECHA RGE PILOT PERMITS ISSUED IN 20
ACCORDANCE WITH § 9–303.4 OF THIS ARTICLE . 21
9–301. 22
(a) In this subtitle the following words have the meanings indicated. 23
(f) “Reclaimed water” means sewage that: 24
(1) Has been treated to a high quality suitable for various reuses; and 25
(2) Has a concentration of less than: 26
(i) 3 fecal coliform colonies per 100 milliliters; 27
(ii) 10 milligrams per liter of 5–day biological oxygen demand; and 28
(iii) 10 milligrams per liter of total suspended solids. 29 HOUSE BILL 1131 3
9–303.4. 1
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 2
INDICATED. 3
(2) “DEMONSTRATION FACILIT Y” MEANS AN ADVANCED WATER 4
TREATMENT FACILITY APPROVED UNDER A MANAGED AQUI FER RECHARGE PERMIT 5
TO TREAT RECLAIMED W ATER FOR USE AS A SOURCE FOR TESTING GROUNDWATER 6
AUGMENTATION . 7
(3) “MANAGED AQUIFER RECHA RGE PERMIT” MEANS A PERMIT 8
ISSUED BY THE DEPARTMENT TO AUTHORI ZE AND REGULATE THE TREATMENT AND 9
UNDERGROUND INJECTIO N OF TREATED RECLAIMED WATER FOR THE PURPOSE OF 10
TESTING THE FEASIBIL ITY OF AND REQUIR EMENTS FOR SAFELY CONDUCTING 11
GROUNDWATER AUGMENTA TION. 12
(4) “PFAS CHEMICALS” MEANS PER – AND POLYFLUOROALKYL 13
SUBSTANCES. 14
(5) “PILOT PROGRAM” MEANS THE MANAGED AQUIFER RECHARGE 15
PILOT PROGRAM. 16
(B) THERE IS A MANAGED AQUIFER RECHARGE PILOT PROGRAM IN THE 17
DEPARTMENT . 18
(C) THE PURPOSE OF THE PILOT PROGRAM IS TO AUTHORI ZE THE TESTING 19
OF THE REGULATED USE OF TREATED RECLAIMED WATER AS A SOURCE FOR 20
GROUNDWATER AUGMENTA TION THROUGH THE ISSUANCE OF MANAGED AQUIFER 21
RECHARGE PERMITS . 22
(D) (1) THE DEPARTMENT MAY REVIEW , PERMIT, AND REGULATE A 23
PROCESS TO TEST THE USE OF TREATED RECLAIMED WATER FROM A 24
DEMONSTRATION FACILI TY AS A SOURCE FOR GROU NDWATER AUGMENTATION 25
THROUGH A MANAGED AQUIFER RECH ARGE PERMIT IF THE DEPARTMENT 26
DETERMINES THAT : 27
(I) THE RECLAIMED WATER WILL BE TREATED AT A 28
DEMONSTRATION FACILI TY TO MEET OR SURPASS THE FOLLOWING REQUIR EMENTS: 29
1. PRIMARY AND SECONDARY MAXIMUM CONTAINMENT 30
LEVELS ESTABLISH ED BY: 31
4 HOUSE BILL 1131
A. THE U.S. ENVIRONMENTAL PROTECTION AGENCY 1
UNDER 40 C.F.R. §§ 141 AND 143; AND 2
B. THE DEPARTMENT UNDER COMAR 26.04.01; 3
2. TREATMENT FOR REMOVAL OF PATHOGENS AT THE 4
WASTEWATER TREATMENT STAGE AND ADVANCED W ATER TREATMENT STAGE THAT, 5
IN TOTAL, MEETS OR EXCEEDS : 6
A. 12 LOG FOR ENTERIC VIRU S REDUCTION; 7
B. 10 LOG FOR GIARDIA CYST REDUCTIO N; AND 8
C. 10 LOG CRYPTOSPORIDIUM OOCYS T REDUCTION; AND 9
3. MAXIMUM CONCENTRATION S OF PFAS CHEMICALS 10
ESTABLISHED BY THE DEPARTMENT AND SPECIFIED IN ANY PRIMARY DRINKING 11
WATER REGULATIONS ES TABLISHED BY THE U.S. ENVIRONMENTAL PROTECTION 12
AGENCY IN A FINAL RUL EMAKING UNDER THE FE DERAL SAFE DRINKING WATER 13
ACT; 14
(II) THE TREATED RECLAIMED WATER WILL UNDERGO T ESTING 15
AND REPORTING TO VER IFY THAT THE REQUIRE MENTS OF ITEM (I) OF THIS 16
PARAGRAPH ARE MET ; 17
(III) THE TREATMENT OF THE RECLAIMED WATER INCL UDES 18
REVERSE OSMOSIS ; 19
(IV) THE APPLICANT HAS IN PLACE A DETAILED TES TING AND 20
MONITORING PLAN TO D EMONSTRATE FACILITY PERFORMANCE AND 21
GROUNDWATER COMPATIB ILITY DURING UNDERGR OUND INJECTION , INCLUDING 22
ESTABLISHING PARAMETERS FOR AUTHORIZING UNDER GROUND INJECTIONS AND 23
REQUIRING ALTERNATIVE METHODS OF USE OR DISPOSAL W HEN THE INJECTION 24
PARAMETERS ARE NOT M ET; 25
(V) THE APPLICANT GIVES T HE DEPARTMENT THE RIGHT OF 26
ENTRY ON THE PERMIT SITE AT ANY REASONAB LE TIME TO INS PECT OR 27
INVESTIGATE FOR A VI OLATION OR ANY POTEN TIAL VIOLATION OF TH E MANAGED 28
AQUIFER RECHARGE PERMIT; 29
(VI) THE PROCESS INCLUDES APPROPRIATE RECORD –KEEPING 30
REQUIREMENTS ; AND 31
HOUSE BILL 1131 5
(VII) THE PROCESS COMPLIES WITH ALL OTHER APPLI CABLE 1
STATUTORY AND REGULATORY REQUIREME NTS. 2
(2) THE DEPARTMENT MAY APPROV E THE USE BY A DEMONSTRATION 3
FACILITY OF ANY DRINKING WATER TREAT MENT TECHNOLOGIES THAT HAVE THE 4
CAPABILITY TO MEET THE REQUIREM ENTS OF PARAGRAPH (1)(I) OF THIS 5
SUBSECTION, INCLUDING NONMEMBRAN E TREATMENT SYSTEMS . 6
(E) (1) THE DEPARTMENT MAY INCLUD E IN A MANAGED AQUIFER 7
RECHARGE PERMIT ANY TERM , CONDITION, OR REQUIREMENT THAT THE 8
DEPARTMENT CONSIDERS APPROPRIATE TO PROTE CT PUBLIC HEALTH OR THE 9
ENVIRONMENT . 10
(2) THE REQUIREMENTS OF A MANAGED AQUIFER RECH ARGE PERMIT 11
ARE SUPPLEMENTAL TO AND DO NOT OVERRIDE ANY OTHER LAW, REGULATION , 12
PERMIT, ORDER, OR DECREE. 13
(3) THE PROVISIONS OF TITLE 1, SUBTITLE 6 OF THIS ARTICLE 14
SHALL GOVERN TH E ISSUANCE OF MANAGED AQUIFER RECH ARGE PERMITS . 15
(F) A SUCCESSFUL APPLICATI ON FOR A MANAGED AQUIFER RECH ARGE 16
PERMIT SHALL: 17
(1) DEMONSTRATE TO THE SA TISFACTION OF THE DEPARTMENT : 18
(I) THE ABILITY TO COMPLY WITH THE REQUIREMENTS OF 19
THIS SECTION; 20
(II) THE APPLICANT’S AVAILABLE FUNDING FO R THE 21
CONSTRUCT ION AND OPERAT ION OF THE DEMONSTRATION FA CILITY; 22
(III) THE TECHNICAL AND ADM INISTRATIVE CAPACITY TO 23
PERFORM THE PROCESS COVERED UNDER THE PE RMIT; AND 24
(IV) THAT ALL NECESSARY PL ANNING AND ENGINEERI NG 25
DESIGN IS COMPLETE ; AND 26
(2) INCLUDE ANY ADDITIONAL INFORMATION REQ UESTED BY THE 27
DEPARTMENT . 28
(G) THE DEPARTMENT MAY REFUSE TO ISSUE A MANAGED AQUIFER 29
RECHARGE PERMIT IF: 30
6 HOUSE BILL 1131
(1) THE APPLICANT FAILS T O PROVIDE ANY INFORM ATION 1
REQUESTED BY THE DEPARTMENT ; 2
(2) THE APPLICANT FAILS O R REFUSES TO ALLOW THE DEPARTMENT 3
TO INSPECT THE PERMI T SITE; 4
(3) THE DEPARTMENT FINDS THAT ISSUANCE OF THE PERM IT WOULD 5
VIOLATE ANY STATE OR FEDERAL LAW OR ANY REGULATION AD OPTED UNDER ANY 6
STATE OR FEDERAL LAW ; 7
(4) THE SOURCE OF THE REC LAIMED WATER FAILS T O COMPLY WIT H 8
ANY STATE OR FEDERAL LAW , ANY REGULATION ADOPT ED UNDER ANY STATE OR 9
FEDERAL LAW , OR ANY PERMIT ; OR 10
(5) THE APPLICANT FAILS T O DEMONSTRATE COMPLI ANCE WITH 11
THIS SECTION TO THE DEPARTMENT ’S SATISFACTION. 12
(H) (1) A MANAGED AQUIFER RECH ARGE PERMIT ISSUED U NDER THE 13
PILOT PROGRAM SHALL BE EFFE CTIVE FOR 10 YEARS FROM THE DATE OF 14
ISSUANCE. 15
(2) THE DEPARTMENT MAY RENEW A MANAGED AQUIFER RE CHARGE 16
PERMIT FOR AN ADDITI ONAL PERIOD OR PERIO DS OF 5 YEARS FOLLOWING 17
ADMINISTRATIVE REVIEW BY THE DEPARTMENT AND SUBJEC T TO THE PROVISIONS 18
OF TITLE 1, SUBTITLE 6 OF THIS ARTICLE. 19
(I) THE DEPARTMENT MAY REVOKE A MANAGED AQUIFER RECH ARGE 20
PERMIT ISSUED UNDER THIS SE CTION IF THE DEPARTMENT FINDS THAT : 21
(1) THE APPLICATION INCLU DED F ALSE OR INACCURATE 22
INFORMATION ; 23
(2) CONDITIONS OR REQUIRE MENTS OF THE PERMIT HAVE BEEN OR 24
ARE ABOUT TO BE VIOL ATED; 25
(3) SUBSTANTIAL DEVIATION FROM PLANS , SPECIFICATIONS , OR 26
REQUIREMENTS HAS OCC URRED OR IS ABOUT TO OCCUR; 27
(4) THE DEPARTMENT IS REFU SED ENTRY TO ANY PRE MISES FOR 28
THE PURPOSE OF INSPE CTING THE PROCESS TO ENSURE COMPLIANCE WI TH THE 29
PERMIT; 30
(5) A CHANGE IN CONDITIONS EXISTS THAT REQUIRES THE 31 HOUSE BILL 1131 7
TEMPORARY OR PERMANE NT REDUCTION OR ELIM INATION OF THE USE O F TREATED 1
RECLAIMED WATER FOR GROUN DWATER AUGMENTATION ; 2
(6) THERE IS ANY NONCOMPL IANCE WITH A DISCHAR GE PERMIT OR A 3
PRETREATMENT REQUIRE MENT THAT MAY AFFECT THE RECLAIMED WATER IN ANY 4
MANNER; 5
(7) ANY STATE OR FEDERAL WATE R QUALITY STANDARD O R 6
EFFLUENT LIMITATION HAS BEEN OR IS THREATENED TO BE VIO LATED; 7
(8) ANY STATE OR FEDERAL REQU IREMENT ESTABLISHED UNDER 8
THE FEDERAL SAFE DRINKING WATER ACT, SUBTITLE 4 OF THIS TITLE, OR TITLE 9
12 OF THIS ARTICLE HAS BEEN OR IS THREATENE D TO BE VIOLATED ; OR 10
(9) THE TREATED RECLAIMED WATER MAY THREATEN PUBLIC 11
HEALTH, SAFETY, COMFORT, OR THE ENVIRONMENT . 12
(J) (1) ON OR BEFORE SEPTEMBER 1 EACH YEAR, EACH HOLDER OF A 13
MANAGED AQUIFER RECH ARGE PERMIT SHALL REPORT TO THE DEPARTMENT ON : 14
(I) THE APPLIED SCIENTIFI C RESULTS OF ANY 15
DEMONSTRATION F ACILITY OR GROUNDWATER AUGMENTA TION ACTIVITIES 16
UNDERTAKEN UNDER THE PILOT PROGRAM; AND 17
(II) ANY RECOMMENDATIONS F OR THE PILOT PROGRAM BASED 18
ON THE HOLDER ’S EXPERIENCE IN THE PILOT PROGRAM. 19
(2) ON OR BEFORE DECEMBER 31 EACH YEAR, THE DEPARTMENT 20
SHALL REPORT TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE 21
STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY ON: 22
(I) THE STATUS OF THE PILOT PROGRAM; 23
(II) ANY SCIENTIFIC RESULT S AND RECOMMENDATIONS 24
REPORTED UNDER PARA GRAPH (1) OF THIS SUBSECTION ; 25
(III) WHETHER THE PILOT PROGRAM SHOULD BE MODIFIED, 26
EXTENDED, OR MADE PERMANENT ; AND 27
(IV) ANY STATUTORY OR REGU LATORY CHANGES THAT THE 28
DEPARTMENT RECOMMENDS TO PERMANENTLY AUTHO RIZE THE REGULATED U SE 29
OF TREATED RECLAIMED WATER AS A SOURCE FOR GROUNDWATER AUGMENTATION , 30
IF APPROPRIATE . 31 8 HOUSE BILL 1131
(K) THE DEPARTMENT MAY ADOPT REGULATIONS TO CARRY OUT THIS 1
SECTION. 2
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 3
October 1, 2024. 4