EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb1153*
HOUSE BILL 1153
M3 4lr2015
CF SB 956
By: Delegates Love and Ivey, Ivey, Allen, Boyce, Foley, Guyton, Healey, Lehman,
J. Long, Ruth, Stein, and Terrasa
Introduced and read first time: February 7, 2024
Assigned to: Environment and Transportation
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 1, 2024
CHAPTER ______
AN ACT concerning 1
Environment – Water Pollution Control – Protecting State Waters From PFAS 2
Pollution 3
(Protecting State Waters From PFAS Pollution Act) 4
FOR the purpose of establishing a certain discharge limit for PFAS chemicals in any water, 5
including stormwater, discharged from a certain significant industrial user; 6
requiring a certain significant industrial user to reduce PFAS chemicals from the 7
water it discharges to a publicly owned treatment works in a certain manner; 8
requiring the Department of the Environment to identify certain significant 9
industrial users in a certain manner by a certain date; requiring the Department to 10
develop certain PFAS monitoring and testing criteria for certain users in a certain 11
manner by a certain date; requiring the Department to develop certain PFAS action 12
levels and certain mitigation plans in a certain manner by a certain date; requiring 13
a certain significant industrial user to store, reuse, and dispose of certain PFAS 14
chemicals in a certain manner; authorizing a certain significant industrial user to 15
dispose of stored PFAS chemicals in a certain manner and in accordance with certain 16
requirements; requiring a certain significant industrial user to measure levels of 17
organic fluorine PFAS chemicals in industrial wastewater by a certain date and to 18
report those levels to the Department of the Environment; requiring the Department 19
to update a certain action plan on or before a certain date; and generally relating to 20
State waters and PFAS pollution. 21
BY repealing and reenacting, without amendments, 22
Article – Environment 23 2 HOUSE BILL 1153
Section 9–101(a) through (c), (g), and (i) 1
Annotated Code of Maryland 2
(2014 Replacement Volume and 2023 Supplement) 3
BY adding to 4
Article – Environment 5
Section 9–353 through 9–356 and 9–354 to be under the new part “Part VII. 6
Protecting State Waters From PFAS Pollution” 7
Annotated Code of Maryland 8
(2014 Replacement Volume and 2023 Supplement) 9
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 10
That the Laws of Maryland read as follows: 11
Article – Environment 12
9–101. 13
(a) In this title the following words have the meanings indicated. 14
(b) “Discharge” means: 15
(1) The addition, introduction, leaking, spilling, or emitting of a pollutant 16
into the waters of this State; or 17
(2) The placing of a pollutant in a location where the pollutant is likely to 18
pollute. 19
(c) (1) “Disposal system” means a system for disposing of wastes by surface, 20
above surface, or underground methods. 21
(2) “Disposal system” includes a treatment works and a disposal well. 22
(g) “Pollutant” means: 23
(1) Any waste or wastewater that is discharged from: 24
(i) A publicly owned treatment works; or 25
(ii) An industrial source; or 26
(2) Any other liquid, gaseous, solid, or other substance that will pollute any 27
waters of this State. 28
(i) “Publicly owned treatment works” means a facility that is: 29
HOUSE BILL 1153 3
(1) Owned by this State or a political subdivision, municipal corporation, 1
or other public entity; and 2
(2) Used for the treatment of pollutants. 3
9–351. RESERVED. 4
9–352. RESERVED. 5
PART VII. PROTECTING STATE WATERS FROM PFAS POLLUTION. 6
9–353. 7
(A) IN THIS PART THE FOLL OWING WORDS HAVE THE MEANINGS 8
INDICATED. 9
(B) (1) “INDUSTRIAL USER ” MEANS: 10
(1) (I) A PERSON WHO IS ENGAGE D IN MANUFACTURING , 11
FABRICATING, OR ASSEMBLING GOODS ; OR 12
(2) (II) A MEMBER OF ANY CLASS OF SIGNIFICANT PRODU CERS OF 13
POLLUTANTS IDENTIFIE D UNDER REGULATIONS ADOPTED BY: 14
(I) 1. THE SECRETARY; OR 15
(II) 2. THE ADMINISTRATOR OF THE U.S. ENVIRONMENTAL 16
PROTECTION AGENCY. 17
(2) “INDUSTRIAL USER” DOES NOT INCLUDE THE FEDERAL, STATE, 18
AND LOCAL GOVERNMENT S. 19
(C) “PFAS CHEMICALS” MEANS A CLASS OF FLU ORINATED ORGANIC 20
CHEMICALS THAT CONTA IN AT LEAST ONE FULL Y FLUORINATED CARBON ATOM, 21
INCLUDING PERFLUOROA LKYL AND POLYFLUOROA LKYL SUBSTANCES . 22
(D) “PRETREATMENT PERMIT ” MEANS A DOCUMENT ISS UED BY THE 23
DEPARTMENT OR THE DEPARTMENT ’S DESIGNEE THAT AUTHORIZES A SI GNIFICANT 24
INDUSTRIAL USER TO I NTRODUCE INDUSTRIAL WASTES INTO A PUBLIC LY OWNED 25
TREATMENT WORKS IN C OMPLIANCE WITH THE P RETREATMENT REQUIR EMENTS 26
UNDER COMAR 26.08.01.01A(69). 27
(E) (1) “SIGNIFICANT INDUSTRIA L USER” MEANS AN INDUSTRIAL USER 28
THAT: 29
4 HOUSE BILL 1153
(1) (I) IS SUBJECT TO CATEGOR ICAL PRETREATMENT ST ANDARDS 1
UNDER 40 C.F.R. PART 403.6; 2
(2) (II) DISCHARGES AN AVERAGE OF 25,000 GALLONS PER DAY OR 3
MORE OF PROCESSED WA STEWATER TO A PUBLIC LY OWNED TREATMENT W ORKS, 4
NOT INCLUDING SANITA RY, NONCONTACT COOLING , AND BOILER BLOWDOWN 5
WASTEWATER ; 6
(3) (III) CONTRIBUTES PROCESSED WASTEWATER THAT MAKE S UP 7
5% OR MORE OF THE AVERA GE DRY–WEATHER HYDRAULIC OR ORGANIC CAPACITY 8
OF THE PUBLICLY OWNE D TREATMENT WORKS ; OR 9
(4) (IV) IS DESIGNATED AS A SI GNIFICANT INDUSTRIAL USER BY 10
THE PUBLICLY OWNED T REATMENT WORKS ON TH E BASIS THAT THE IND USTRIAL 11
USER HAS: 12
(I) 1. A REASONABLE POTENTIAL FOR ADVERSELY 13
AFFECTING THE WASTEWATER TREAT MENT PLANT ’S OPERATIONS AND SEW ER 14
SYSTEM; OR 15
(II) 2. VIOLATED A PRETREATME NT STANDARD OR 16
REQUIREMENT . 17
(2) “SIGNIFICANT INDUSTRIA L USER” DOES NOT INCLUDE THE 18
FEDERAL, STATE, AND LOCAL GOVERNMENT S. 19
(F) “WATERS OF THE STATE” INCLUDE: 20
(1) BOTH SURFACE AND UNDE RGROUND WATERS WITHI N THE 21
BOUNDARIES OF THE STATE SUBJECT TO ITS JURISDICTION; 22
(2) THAT PORTION OF THE ATLANTIC OCEAN WITHIN THE 23
BOUNDARIES OF THE STATE; 24
(3) THE CHESAPEAKE BAY AND ITS TRIBUTARI ES; 25
(4) ALL PONDS, LAKES, RIVERS, STREAMS, PUBLIC DITCHES , TAX 26
DITCHES, AND PUBLIC DRAINAGE SYSTEMS WITHIN THE STATE, OTHER THAN THOSE 27
DESIGNED AND USED TO COLLECT, CONVEY, OR DISPOSE OF SANITA RY SEWAGE; AND 28
(5) THE FLOODPLAIN OF FRE E–FLOWING WATERS DETER MINED BY 29
THE DEPARTMENT ON THE BAS IS OF THE 100–YEAR FLOOD FREQUENCY . 30
9–354. 31 HOUSE BILL 1153 5
(A) THIS SECTION APPLIES TO A SIGNIFICANT IND USTRIAL USER THAT : 1
(1) HAS A PRETREATMENT PE RMIT; AND 2
(2) (I) IS CURRENTLY AND INTE NTIONALLY USING PFAS 3
CHEMICALS; OR 4
(II) OPERATES ON A SITE WHERE A PR IOR HISTORY OF PFAS 5
CHEMICAL USE IS KNOW N OR REASONABLY KNOW N. 6
(B) A SIGNIFICANT INDUSTRI AL USER SHALL ELIMIN ATE THE PRESENCE OF 7
PFAS CHEMICALS IN THE WAT ER THAT IT DISCHARGE S TO A PUBLICLY OWNE D 8
TREATMENT WORKS IN A CCORDANCE WITH THIS SECTION ON OR BEFORE OCTOBER 9
1, 2024, THE DEPARTMENT SHALL , IN COLLABORATION WIT H PUBLICLY OWNED 10
TREATMENT WORKS AND SIGNIFICANT INDUSTRI AL USERS IN THE STATE, IDENTIFY 11
THE SIGNIFICANT INDU STRIAL USERS THAT CU RRENTLY AND INTENTIO NALLY USE 12
PFAS CHEMICALS. 13
(C) ON OR BEFORE JANUARY 1, 2025, IN ACCORDANCE WITH G UIDANCE 14
FROM THE U.S. ENVIRONMENTAL PROTECTION AGENCY, THE DEPARTMENT SHALL 15
DEVELOP PFAS MONITORING AND TESTI NG PROTOCOLS FOR SIG NIFICANT 16
INDUSTRIAL USERS IDE NTIFIED IN ACCORDANC E WITH SUBSECTION (B) OF THIS 17
SECTION. 18
(D) (1) ON OR BEFORE JUNE 1, 2025, THE DEPARTMENT SHALL , IN 19
COLLABORATION WITH T HE PUBLICLY OWNED TR EATMENT WORKS AND 20
SIGNIFICANT INDUSTRI AL USERS IN THE STATE IDENTIFIED IN A CCORDANCE WITH 21
SUBSECTION (B) OF THIS SECTION , DEVELOP PFAS ACTION LEVELS FOR 22
ADDRESSING PFAS CONTAMINATION FROM I NDUSTRIAL DISCHARGE FOR 23
PRETREATMENT PERMITS . 24
(2) ON OR BEFORE SEPTEMBER 1, 2025, THE DEPARTMENT SHALL , 25
IN COLLABORATION WIT H THE PUBLICLY OWNED TREATMENT WORKS AND 26
SIGNIFICANT INDUSTRI AL USERS IN THE STATE IDENTIFIED IN ACCORD ANCE WITH 27
SUBSECTION (B) OF THIS SECTION, DEVELOP MITIGATION P LANS FOR ADDRESSING 28
PFAS CONTAMINATION FROM I NDUSTRIAL DISCHARGE FOR PRETREATMENT 29
PERMITS. 30
(3) THE MITIGATION PLANS UNDER PARAGRAPH (2) OF THIS 31
SUBSECTION SHALL INC LUDE STRATEGIES AND OPTION S FOR REDUCING THE 32
PRESENCE OF PFAS IN INDUSTRIAL DISCHA RGE, INCLUDING: 33
6 HOUSE BILL 1153
(I) SUBSTITUTING OR ELIMI NATING PRODUCTS CONT AINING 1
PFAS CHEMICALS; 2
(II) TAKING PRECAUTIONS TO AVOID ACCIDENTAL 3
DISCHARGES; 4
(III) DECONTAMINATING OR RE PLACING EQUIPMENT 5
CONTAMINATED WITH PFAS CHEMICALS; OR 6
(IV) USING ANY OTHER METHO D THE DEPARTMENT 7
DETERMINES IS NECESS ARY FOR THE REDUCTIO N OR ELIMINATION OF PFAS 8
CHEMICALS IN WATER . IN ACCORDANCE WITH RE GULATIONS ADOPTED BY THE U.S. 9
ENVIRONMENTAL PROTECTION AGENCY REGARDING THE ELIMINATION OF PFAS 10
CHEMICALS IN WATER , THE DISCHARGE LIMIT FOR PFAS CHEMICALS IN ANY 11
WATER, INCLUDING STORMWATER , DISCHARGED FROM ANY SIGNIFICANT 12
INDUSTRIAL USER IS 4 PARTS PER TRILLION . 13
(D) IN ACCORDANCE WITH RE GULATIONS ADOPTED BY THE U.S. 14
ENVIRONMENTAL PROTECTION AGENCY REGARDING THE ELIMINATION OF PFAS 15
CHEMICALS IN WATER , A SIGNIFICANT INDUST RIAL USER SHALL REDU CE PFAS 16
CHEMICALS FROM THE W ATER THAT IT DISCHAR GES TO A PUBLICLY OW NED 17
TREATMENT WORKS TO A CONCENTRATION OF NOT MORE THAN 4 PARTS PER 18
TRILLION, INCLUDING BY: 19
(1) SUBSTITUTING OR ELIMI NATING PRODUCTS CONT AINING PFAS 20
CHEMICALS; 21
(2) TAKING PRECAUTIONS TO AVOID ACCIDENTAL DIS CHARGES; 22
(3) DECONTAMINATING OR RE PLACING EQUIPMENT CO NTAMINATED 23
WITH PFAS CHEMICAL S; OR 24
(4) USING ANY OTHER METHO D THE U.S. ENVIRONMENTAL 25
PROTECTION AGENCY DETERMINES IS NECESSARY FOR THE EL IMINATION OF PFAS 26
CHEMICALS IN WATER . 27
(E) (1) IN ACCORDANCE WITH RE GULATIONS ADOPTED BY THE U.S. 28
ENVIRONMENTAL PROTECTION AGENCY REGARDING THE STORAGE OF PFAS 29
CHEMICALS, A SIGNIFICANT INDUST RIAL USER SHALL SAFE LY STORE PFAS 30
CHEMICALS THAT WERE CAPTURED AFTER REDUC ING PFAS CHEMICALS FROM 31
WATER IN ACCORDANCE WITH THIS SECTION . 32
HOUSE BILL 1153 7
(2) IN ACCORDANCE WITH AN Y FEDERAL, STATE, OR LOCAL LAW , 1
REGULATION , OR POLICY, A SIGNIFICANT INDUST RIAL USER MAY REUSE STORED 2
PFAS CHEMICALS IN ITS FAC ILITY OPERATIONS . 3
(F) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A 4
SIGNIFICANT INDUSTRI AL USER MAY DISPOSE OF STORED PFAS CHEMICALS USING 5
SAFE DISPOSAL SYSTEM S OR TECHNOLOGIES APPROVED BY THE DEPARTMENT OR 6
IN ANOTHER MANNER AP PROVED BY THE DEPARTMENT BY REGULAT ION. 7
(2) A SIGNIFICANT INDUSTRI AL USER MAY NOT DISP OSE OF STORED 8
PFAS CHEMICALS IN ANY MAN NER INVOLVING : 9
(I) DISPOSAL AT A SOLID W ASTE LANDFILL; 10
(II) INCINERATION ; OR 11
(III) LAND APPLICATION . 12
(G) A SIGNIFICANT INDUSTRI AL USER SHALL: 13
(1) (I) BY APRIL SEPTEMBER 1, 2025, MEASURE THE LEVELS O F 14
ORGANIC FLUORINE PFAS CHEMICALS IN ITS IND USTRIAL WASTEWATER U SING 15
METHODS APPROVED BY THE DEPARTMENT ; AND 16
(II) REPORT THE LEVELS OF ORGANIC FLUORINE PFAS 17
CHEMICALS IN THE IND USTRIAL WASTEWATER I N A MANNER APPROVED BY THE 18
DEPARTMENT ; 19
(2) BY OCTOBER JULY 1, 2025 2026, AND IN ACCORDANCE WI TH THIS 20
SECTION, IMPLEMENT MEASURES T O REDUCE PFAS CHEMICALS FRO M WATER 21
DISCHARGED TO A PUBL ICLY OWNED TREATMENT WORKS; 22
(3) PROVIDE DOCUMENTATION OF PFAS STORAGE OR REUSE ON 23
REQUEST TO: 24
(I) THE ATTORNEY GENERAL; 25
(II) THE DEPARTMENT ; 26
(III) A COUNTY COUNCIL ; 27
(IV) A STATE’S ATTORNEY; 28
(V) A CITY ATTORNEY; OR 29
8 HOUSE BILL 1153
(VI) ANY OTHER STATE OR LOCAL GOVERN MENTAL ENTITY ; AND 1
(4) REPORT THE STORAGE OR DISPOSAL OF PFAS CHEMICALS 2
UNDER 40 C.F.R. PART 372 (TOXIC CHEMICAL RELEASE REPORTING). 3
(H) THE DEPARTMENT SHALL CONS IDER THE MEMORANDUM ADDRESSING 4
PFAS DISCHARGES IN NPDES PERMITS AND THROUGH THE PRETREATMENT 5
PROGRAM AND MONITORING PROGRAMS ISSUED BY TH E U.S. ENVIRONMENTAL 6
PROTECTION AGENCY ON DECEMBER 5, 2022, WHEN DETERMINING PER MISSIBLE 7
LEVELS OF ORGANIC FL UORINE CHEMICALS IN INDUSTRIAL WASTEWATE R UNDER 8
SUBSECTION (G)(1) OF THIS SECTION. 9
(I) ANY CONTRACT OR AGREE MENT BETWEEN A SIGNI FICANT INDUSTRIAL 10
USER AND A PUBLICLY OWNED TREATMENT WORK S THAT AUTHORIZES A DISCHARGE 11
OF WATER INTO THE WA TERS OF THE STATE THAT EXCEEDS TH E DISCHARGE LIMIT 12
FOR PFAS CHEMICALS UNDER SUBSECT ION (C) OF THIS SECTION SHAL L BE 13
SUPERSEDED BY THIS S ECTION. 14
9–355. 15
ON OR BEFORE DECEMBER 1, 2024, THE DEPARTMENT SHALL ADOP T 16
REGULATIONS TO INCLU DE THE DISCHARGE LIM IT FOR PFAS CHEMICALS 17
ESTABLISHED UNDER § 9–354(C) OF THIS SUBTITLE AS A CONDITION FOR I SSUING A 18
PRETREATMENT PERMIT TO A SIGNIFICANT IND USTRIAL USER. 19
9–356. 20
(A) THE PRESENCE OF TOTAL ORGANIC FLUORINE OR PFAS CHEMICALS 21
EXCEEDING 4 PARTS PER TRILLION I N ANY DISCHARGE INTO THE WATERS OF THE 22
STATE IS A VIOLATION OF THE TERMS OF A PRETREATM ENT PERMIT. 23
(B) IN ADDITION TO A VIOL ATION UNDER SUBSECTI ON (A) OF THIS SECTION, 24
THE DEPARTMENT MAY ENFORC E A VIOLATION OF THI S PART IN ACCORDANCE WITH 25
REGULATIONS ADOPTED BY THE DEPARTMENT . 26
SECTION 2. AND BE FURTHER ENACTED, That o n or before December 1, 2025, 27
the Department of the Environment shall update the Department’s PFAS Action Plan with 28
the progress made on the requirements of this Act. 29
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 30
October July 1, 2024. 31