Maryland 2024 Regular Session

Maryland House Bill HB1250 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb1250
6	6
7	7	HOUSE BILL 1250
8	8	M3, M4, M1 4lr1961
9	9	CF SB 936
10	10	By: Delegates Lehman, Allen, Foley, Ruth, Stewart, and Terrasa
11	11	Introduced and read first time: February 8, 2024
12	12	Assigned to: Environment and Transportation
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Environment – Wood Vaults – Authorization and Permit Requirements 2
19	19
20	20	FOR the purpose of authorizing a landowner whose land is subject to an agricultural land 3
21	21	preservation easement to use the land for the construction and use of a certain wood 4
22	22	vault under certain circumstances, notwithstanding the terms of the easement; 5
23	23	requiring a person to have a permit issued by the Secretary of the Environment 6
24	24	before the person installs, materially alters, or materially extends a certain wood 7
25	25	vault; applying certain provisions of law relating to permit requirements for certain 8
26	26	facilities, including landfills, to a certain wood vault, including requirements for 9
27	27	public participation, financial assurance, and closure; specifying that an easement 10
28	28	approved by the Maryland Environmental Trust or acquired by the Rural Legacy 11
29	29	Board may allow for the construction and use of a certain wood vault; and generally 12
30	30	relating to wood vaults. 13
31	31
32	32	BY repealing and reenacting, without amendments, 14
33	33	Article – Agriculture 15
34	34	Section 2–513(a) and (b)(1) 16
35	35	Annotated Code of Maryland 17
36	36	(2016 Replacement Volume and 2023 Supplement) 18
37	37
38	38	BY adding to 19
39	39	Article – Agriculture 20
40	40	Section 2–513(e) 21
41	41	Annotated Code of Maryland 22
42	42	(2016 Replacement Volume and 2023 Supplement) 23
43	43
44	44	BY repealing and reenacting, with amendments, 24
45	45	Article – Agriculture 25
46	46	Section 2–513(e) and (f) 26
47	47	Annotated Code of Maryland 27
48	48	(2016 Replacement Volume and 2023 Supplement) 28 2 HOUSE BILL 1250
49	49
50	50
51	51
52	52	BY repealing and reenacting, with amendments, 1
53	53	Article – Environment 2
54	54	Section 1–601(a) 3
55	55	Annotated Code of Maryland 4
56	56	(2013 Replacement Volume and 2023 Supplement) 5
57	57
58	58	BY repealing and reenacting, without amendments, 6
59	59	Article – Environment 7
60	60	Section 9–101(a) and (j)(1), 9–201(a), and 9–501(a) 8
61	61	Annotated Code of Maryland 9
62	62	(2014 Replacement Volume and 2023 Supplement) 10
63	63
64	64	BY repealing and reenacting, with amendments, 11
65	65	Article – Environment 12
66	66	Section 9–101(j)(3), 9–201(e), 9–204(a), (c)(1), (d), (e)(1)(i), and (h), 9–204.2, 9–205, 13
67	67	9–208(a), 9–209, 9–211, 9–212.1, 9–213, 9–214, 9–215, 9–220, 9–221(a), 14
68	68	9–252, 9–314, and 9–501(n) 15
69	69	Annotated Code of Maryland 16
70	70	(2014 Replacement Volume and 2023 Supplement) 17
71	71
72	72	BY adding to 18
73	73	Article – Environment 19
74	74	Section 9–101(m) and (n) 20
75	75	Annotated Code of Maryland 21
76	76	(2014 Replacement Volume and 2023 Supplement) 22
77	77
78	78	BY repealing and reenacting, without amendments, 23
79	79	Article – Natural Resources 24
80	80	Section 3–201(a)(1) 25
81	81	Annotated Code of Maryland 26
82	82	(2023 Replacement Volume and 2023 Supplement) 27
83	83
84	84	BY adding to 28
85	85	Article – Natural Resources 29
86	86	Section 3–201(d) and 5–9A–05(q) 30
87	87	Annotated Code of Maryland 31
88	88	(2023 Replacement Volume and 2023 Supplement) 32
89	89
90	90	BY repealing and reenacting, with amendments, 33
91	91	Article – Natural Resources 34
92	92	Section 5–9A–05(a) 35
93	93	Annotated Code of Maryland 36
94	94	(2023 Replacement Volume and 2023 Supplement) 37
95	95
96	96	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 38
97	97	That the Laws of Maryland read as follows: 39 HOUSE BILL 1250 3
98	98
99	99
100	100
101	101	Article – Agriculture 1
102	102
103	103	2–513. 2
104	104
105	105	(a) Agricultural land preservation easements may be purchased under this 3
106	106	subtitle for any land in agricultural use which meets the minimum criteria established 4
107	107	under § 2–509 of this subtitle if the easement and county regulations governing the use of 5
108	108	the land include the following provisions: 6
109	109
110	110	(1) Any farm use of land is permitted. 7
111	111
112	112	(2) Operation at any time of any machinery used in farm production or the 8
113	113	primary processing of agricultural products is permitted. 9
114	114
115	115	(3) All normal agricultural operations performed in accordance with good 10
116	116	husbandry practices which do not cause bodily injury or directly endanger human health 11
117	117	are permitted including, but not limited to, sale of farm products produced on the farm 12
118	118	where such sales are made. 13
119	119
120	120	(b) (1) A landowner whose land is subject to an easement may not use the land 14
121	121	for any commercial, industrial, or residential purpose except: 15
122	122
123	123	(i) As determined by the Foundation, for farm– and forest–related 16
124	124	uses and home occupations; or 17
125	125
126	126	(ii) As otherwise provided under this section. 18
127	127
128	128	(E) NOTWITHSTANDING THE T ERMS OF AN AGRICULTU RAL PRESERVATION 19
129	129	EASEMENT ACQUIRED BY THE FOUNDATION BY PURCHAS E, GRANT, GIFT, 20
130	130	DONATION, OR OTHERWISE , A LANDOWNER WHOSE LAND IS SUBJECT TO AN 21
131	131	EASEMENT MAY USE THE LAND FOR T HE CONSTRUCTION AND USE OF A WOOD VAULT 22
132	132	AS DEFINED IN § 9–101 OF THE ENVIRONMENT ARTICLE. 23
133	133
134	134	[(e)] (F) Purchase of an easement by the Foundation does not grant the public 24
135	135	any right of access or right of use of the subject property. 25
136	136
137	137	[(f)] (G) An agricultural land preservation easement purchased under this 26
138	138	subtitle shall be included as part of a partnership under the Readiness and Environmental 27
139	139	Protection Integration Program established under 10 U.S.C. § 2684a if: 28
140	140
141	141	(1) The land that is subject to an easement is in the vicinity of, or 29
142	142	ecologically related to, the Atlantic Test Range; 30
143	143	4 HOUSE BILL 1250
144	144
145	145
146	146	(2) The landowner whose land is subject to an easement agrees to any 1
147	147	restrictions imposed on the easement under the Readiness and Environmental Protection 2
148	148	Integration Program established under 10 U.S.C. § 2684a; and 3
149	149
150	150	(3) Funding is available to the Foundation to enter into an agreement 4
151	151	under the Readiness and Environmental Protection Integration Program established under 5
152	152	10 U.S.C. § 2684a. 6
153	153
154	154	Article – Environment 7
155	155
156	156	1–601. 8
157	157
158	158	(a) Permits issued by the Department under the following sections shall be issued 9
159	159	in accordance with this subtitle: 10
160	160
161	161	(1) Air quality control permits to construct subject to § 2–404 of this article; 11
162	162
163	163	(2) Permits to install, materially alter, or materially extend landfill 12
164	164	systems, incinerators for public use, WOOD VAULTS , or rubble landfills subject to § 9–209 13
165	165	of this article; 14
166	166
167	167	(3) Permits to discharge pollutants to waters of the State issued pursuant 15
168	168	to § 9–323 of this article; 16
169	169
170	170	(4) Permits to install, materially alter, or materially extend a structure 17
171	171	used for storage or distribution of any type of sewage sludge issued, renewed, or amended 18
172	172	pursuant to § 9–234.1 or § 9–238 of this article; 19
173	173
174	174	(5) Permits to own, operate, establish, or maintain a controlled hazardous 20
175	175	substance facility issued pursuant to § 7–232 of this article; 21
176	176
177	177	(6) Permits to own, operate, or maintain a hazardous material facility 22
178	178	issued pursuant to § 7–103 of this article; 23
179	179
180	180	(7) Permits to own, operate, establish, or maintain a low–level nuclear 24
181	181	waste facility issued pursuant to § 7–233 of this article; and 25
182	182
183	183	(8) Potable reuse permits issued in accordance with § 9–303.2 of this 26
184	184	article. 27
185	185
186	186	9–101. 28
187	187
188	188	(a) In this title the following words have the meanings indicated. 29
189	189
190	190	(j) (1) “Solid waste” means any garbage, refuse, sludge, or liquid from 30
191	191	industrial, commercial, mining, or agricultural operations or from community activities. 31
192	192	HOUSE BILL 1250 5
193	193
194	194
195	195	(3) “Solid waste” does not include: 1
196	196
197	197	(i) Solid or dissolved material in domestic sewage or in irrigation 2
198	198	return flows; 3
199	199
200	200	(ii) Compost as defined in § 9–1701 of this title; 4
201	201
202	202	(iii) Organic material capable of being composted that is composted 5
203	203	in accordance with regulations adopted under § 9–1725(b) of this title; 6
204	204
205	205	(IV) WOODY BIOMASS ; or 7
206	206
207	207	[(iv)] (V) Materials that are managed at a recycling facility in 8
208	208	accordance with regulations adopted under § 9–1713 of this title. 9
209	209
210	210	(M) “WOOD VAULT” MEANS A STRUCTURE TH AT IS USED TO BURY W OODY 10
211	211	BIOMASS DEEP ENOUGH THAT THE WOODY BIOMA SS IS SUBJECTED TO A NOXIC 11
212	212	CONDITIONS THAT IMPE DE OR PREVENT DECOMP OSITION AND RESULT IN 12
213	213	EFFECTIVE CARBON SEQ UESTRATION. 13
214	214
215	215	(N) “WOODY BIOMASS ” MEANS VEGETATION THAT : 14
216	216
217	217	(1) DOES NOT CONTAIN TOXI C CHEMICALS OR OTHER 15
218	218	CONTAMINANTS THAT AR E UNSUITABLE FOR LON G–TERM BURIAL; AND 16
219	219
220	220	(2) (I) IS SOURCED FROM WOOD RES IDUALS UNFIT FOR MARKET ; 17
221	221	AND 18
222	222
223	223	(II) IF NOT BURIED IN A WOOD VAULT, WOULD BE MULCHED , 19
224	224	BURNED, OR OTHERWISE DISPOSE D OF, RESULTING IN THE RELEASE OF CARBON 20
225	225	WITHIN 20 YEARS IF NOT SEQUESTERED . 21
226	226
227	227	9–201. 22
228	228
229	229	(a) In this subtitle the following words have the meanings indicated. 23
230	230
231	231	(e) (1) “Refuse disposal system” includes: 24
232	232
233	233	[(1)] (I) An incinerator; 25
234	234
235	235	[(2)] (II) A transfer station; 26
236	236
237	237	[(3)] (III) A landfill system; 27
238	238
239	239	[(4)] (IV) A landfill; 28 6 HOUSE BILL 1250
240	240
241	241
242	242
243	243	[(5)] (V) A solid waste processing facility; and 1
244	244
245	245	[(6)] (VI) Any other solid waste acceptance facility. 2
246	246
247	247	(2) “REFUSE DISPOSAL SYSTE M” DOES NOT INCLUDE A W OOD VAULT 3
248	248	AS DEFINED IN § 9–101 OF THIS TITLE. 4
249	249
250	250	9–204. 5
251	251
252	252	(a) This section applies to any water supply system, sewerage system, WOOD 6
253	253	VAULT, refuse disposal system that is for public use, or any refuse disposal system that is 7
254	254	a solid waste acceptance facility as defined in § 9–501(n) of this title if the solid waste 8
255	255	acceptance facility is installed, altered, or extended after July 1, 1988. 9
256	256
257	257	(c) (1) Before a person draws plans or submits an application under this 10
258	258	section for a proposed water supply system, sewerage system, WOOD VAULT , or refuse 11
259	259	disposal system, the person may submit to the Secretary a preliminary statement on the 12
260	260	proposed system. 13
261	261
262	262	(d) A person shall have a permit issued by the Secretary under this section before 14
263	263	the person installs, materially alters, or materially extends a WOOD VAULT , water supply 15
264	264	system, sewerage system, or refuse disposal system. 16
265	265
266	266	(e) An applicant for a permit shall: 17
267	267
268	268	(1) Submit to the Secretary an application that contains: 18
269	269
270	270	(i) The complete plans and specifications for the installation, 19
271	271	alteration, or extension of the WOOD VAULT , water supply system, sewerage system, or 20
272	272	refuse disposal system; 21
273	273
274	274	(h) A person may not: 22
275	275
276	276	(1) Install, materially alter, or materially extend a water supply system, 23
277	277	sewerage system, WOOD VAULT , or refuse disposal system in this State except in 24
278	278	accordance with a permit issued to the person by the Secretary under this section; or 25
279	279
280	280	(2) Embody any material change in construction until the Secretary has 26
281	281	issued a revised permit based on the submission to the Secretary under subsection (e)(2) of 27
282	282	this section. 28
283	283
284	284	9–204.2. 29
285	285	HOUSE BILL 1250 7
286	286
287	287
288	288	(a) In addition to the requirements of § 9–204 of this subtitle and Title 1, Subtitle 1
289	289	6 of this article, an applicant for a permit to install, materially alter, or materially extend 2
290	290	a landfill system OR WOOD VAULT shall give notice of the application by certified mail to: 3
291	291
292	292	(1) The owners of all real property adjoining the site where the proposed 4
293	293	project is located; 5
294	294
295	295	(2) The chairman of the legislative body and any elected executive of the 6
296	296	county where the proposed project site is located; 7
297	297
298	298	(3) The elected executive of any municipal corporation where the proposed 8
299	299	project site is located; and 9
300	300
301	301	(4) Any other county within 1 mile of where the proposed project site is 10
302	302	located. 11
303	303
304	304	(b) Any informational meeting required by § 1–603 of this article shall be held in 12
305	305	accordance with Title 1, Subtitle 6 of this article. 13
306	306
307	307	9–205. 14
308	308
309	309	(a) In this section, “authority” means a water, sewerage, or sanitary district 15
310	310	authority. 16
311	311
312	312	(b) This section applies only to any water supply system, sewerage system, WOOD 17
313	313	VAULT, or refuse disposal system that is for public use in this State. 18
314	314
315	315	(c) Any authority or person who owns a water supply system, sewerage system, 19
316	316	WOOD VAULT , or refuse disposal system or who supplies or is authorized to supply water, 20
317	317	sewerage, or refuse disposal service to the public shall submit to the Secretary: 21
318	318
319	319	(1) A certified copy of the complete plans for the water supply system, 22
320	320	sewerage system, WOOD VAULT , or refuse disposal system that: 23
321	321
322	322	(i) Is correct on the date of submission; and 24
323	323
324	324	(ii) Is of the scope and detail that the Secretary requires; and 25
325	325
326	326	(2) Any existing specifications of or reports on the water supply system, 26
327	327	sewerage system, WOOD VAULT , or refuse disposal system. 27
328	328
329	329	(d) If plans do not exist or are of insufficient scope or detail, the authority or 28
330	330	person who is required to submit the plans shall: 29
331	331
332	332	(1) Prepare and submit to the Secretary new or supplemented plans; and 30
333	333	8 HOUSE BILL 1250
334	334
335	335
336	336	(2) Make any investigation that is necessary to ensure that the new or 1
337	337	supplemented plans are correct. 2
338	338
339	339	(e) (1) The Secretary may request any other information about the water 3
340	340	supply system, sewerage system, WOOD VAULT , or refuse disposal system, including 4
341	341	information or records on maintenance and operation, that the Secretary considers 5
342	342	appropriate. 6
343	343
344	344	(2) Any authority or person to whom a request is made under paragraph 7
345	345	(1) of this subsection shall submit the information or records to the Secretary. 8
346	346
347	347	9–208. 9
348	348
349	349	(a) On request, the Secretary shall consult with and advise the owner, operator, 10
350	350	prospective owner, or prospective operator of an existing or planned water supply system, 11
351	351	drainage system, sewerage system, WOOD VAULT , or refuse disposal system with respect 12
352	352	to the existing and future needs of all persons and communities that may be affected on 13
353	353	any of the following aspects of the system: 14
354	354
355	355	(1) The most appropriate source of water; 15
356	356
357	357	(2) The best method of assuring the purity of the water; and 16
358	358
359	359	(3) The best method of disposing of drainage, sewage, or refuse. 17
360	360
361	361	9–209. 18
362	362
363	363	(a) The applicant shall give notice of the application, the informational meeting, 19
364	364	and hearings: 20
365	365
366	366	(1) To the public in compliance with Title 1, Subtitle 6 of this article; 21
367	367
368	368	(2) By certified mail to the board of county commissioners or the county 22
369	369	council of any county and the chief executive of any county or municipal corporation that 23
370	370	the Department determines may be affected by the incinerator for public use, WOOD 24
371	371	VAULT, or landfill system, including any county or municipal corporation within one mile 25
372	372	of the property line of the proposed incinerator for public use, WOOD VAULT , or landfill 26
373	373	system; 27
374	374
375	375	(3) To the Department of Natural Resources, by certified mail; 28
376	376
377	377	(4) By certified mail to each member of the General Assembly representing 29
378	378	any part of: 30
379	379
380	380	(i) A county in which the landfill system, WOOD VAULT, or 31
381	381	incinerator for public use is located; or 32 HOUSE BILL 1250 9
382	382
383	383
384	384
385	385	(ii) A county within 1 mile of the property line of the proposed 1
386	386	landfill system, WOOD VAULT , or incinerator for public use; 2
387	387
388	388	(5) To record owners of real property within 1,000 feet of the property line 3
389	389	of the proposed incinerator for public use, WOOD VAULT , or landfill system, by certified 4
390	390	mail to the addresses of record owners as indicated in the records of the State Department 5
391	391	of Assessments and Taxation; and 6
392	392
393	393	(6) By posting a notice of the application, the informational meeting, and 7
394	394	hearings in a conspicuous space on the site of the proposed incinerator for public use, WOOD 8
395	395	VAULT, or landfill system. 9
396	396
397	397	(b) The local officials notified under subsection (a)(2) of this section shall give 10
398	398	notice of the application, the informational meeting, and hearings to all interested agencies 11
399	399	of their respective jurisdictions. 12
400	400
401	401	(c) To the extent practicable, the Department and other units of the State 13
402	402	government shall consolidate the informational meeting and hearings concerning permits 14
403	403	for the same landfill system, WOOD VAULT , or incinerator for public use. 15
404	404
405	405	9–211. 16
406	406
407	407	(a) (1) Except for a sanitary landfill that is subject to § 9–211.1 of this subtitle, 17
408	408	and as provided in paragraph (2) of this subsection, before the Secretary issues a permit for 18
409	409	a landfill, incinerator, WOOD VAULT , or transfer station to any private person, the 19
410	410	applicant for the permit shall: 20
411	411
412	412	(i) File with the Department a bond on the form that the 21
413	413	Department provides; or 22
414	414
415	415	(ii) Deposit with the governing body of the local jurisdiction where 23
416	416	the landfill, incinerator, WOOD VAULT , or transfer station will be located cash, negotiable 24
417	417	bonds of the federal government or this State, or any other security that the Department 25
418	418	approves. 26
419	419
420	420	(2) The Secretary may adopt regulations to exempt any legitimate 27
421	421	recycling or reclamation facility from the requirements of this section. 28
422	422
423	423	(b) (1) The obligation of a bond filed under this section shall be so conditioned 29
424	424	as to be void on the closing of the landfill, incinerator, WOOD VAULT , or transfer station in 30
425	425	a manner that prevents erosion, health and safety hazards, nuisances, and pollution. 31
426	426
427	427	(2) The local governing body that receives a deposit of cash or other security 32
428	428	under this section shall hold the security in trust in the name of the local jurisdiction to 33 10 HOUSE BILL 1250
429	429
430	430
431	431	assure the closing of the landfill, incinerator, WOOD VAULT , or transfer station in a manner 1
432	432	that prevents erosion, health and safety hazards, nuisances, and pollution. 2
433	433
434	434	(c) A bond filed under this section shall be payable to the governing body of the 3
435	435	political subdivision where the landfill, incinerator, WOOD VAULT , or transfer station will 4
436	436	be located. 5
437	437
438	438	(d) (1) Except as provided in paragraph (3) of this subsection, for a landfill: 6
439	439
440	440	(i) Unless otherwise required by federal law or regulation, a bond 7
441	441	filed under this section shall be in the amount of $10,000 for each acre of land to which the 8
442	442	permit applies, but not less than $250,000; 9
443	443
444	444	(ii) Cash deposited under this section shall be not less than the 10
445	445	amount specified in item (i) of this paragraph; and 11
446	446
447	447	(iii) The market value of other security deposited under this section 12
448	448	shall be not less than the amount specified in item (i) of this paragraph. 13
449	449
450	450	(2) For an incinerator, WOOD VAULT , or transfer station, the Department 14
451	451	shall establish the amount of the security required by this section. 15
452	452
453	453	(3) (i) This paragraph does not apply to a rubble landfill. 16
454	454
455	455	(ii) For sanitary landfills that are restricted to acceptance of land 17
456	456	clearing debris specified in regulations of the Department, a bond filed under this section 18
457	457	shall be in the amount of $2,000 for each acre of land to which the permit applies, with a 19
458	458	minimum amount of security of $25,000. 20
459	459
460	460	(e) Both the applicant for a permit and a corporate surety licensed to do business 21
461	461	in this State shall execute any bond filed under this section. 22
462	462
463	463	(f) (1) Except as provided in paragraph (2) of this subsection, the term of any 23
464	464	bond filed under this section and the time during which cash or other security must remain 24
465	465	on deposit under this section is: 25
466	466
467	467	(i) The duration of the operation of the landfill, incinerator, WOOD 26
468	468	VAULT, or transfer station; and 27
469	469
470	470	(ii) An additional 5 years after the closing of the landfill, incinerator, 28
471	471	WOOD VAULT , or transfer station. 29
472	472
473	473	(2) If the Department has assurances that the landfill, incinerator, WOOD 30
474	474	VAULT, or transfer station has been closed in a manner that prevents erosion, health and 31
475	475	safety hazards, nuisances, and pollution, the Department may release the security filed or 32 HOUSE BILL 1250 11
476	476
477	477
478	478	deposited under this section before the end of the 5–year period specified in paragraph 1
479	479	(1)(ii) of this subsection. 2
480	480
481	481	(g) (1) The obligation of the holder of a permit for a landfill, incinerator, WOOD 3
482	482	VAULT, or transfer station and of any corporate surety under the bond shall become due 4
483	483	and payable and any cash, securities, or bond proceeds shall be applied to payment of the 5
484	484	costs of properly closing a landfill, incinerator, WOOD VAULT , or transfer station only if the 6
485	485	Department: 7
486	486
487	487	(i) Notifies the permit holder and any corporate surety on the bond 8
488	488	that the landfill, incinerator, WOOD VAULT , or transfer station has not been closed in a 9
489	489	manner that prevents erosion, health and safety hazards, nuisances, and pollution; 10
490	490
491	491	(ii) Specifies in the notice the deficiencies in the closing that must be 11
492	492	corrected; 12
493	493
494	494	(iii) Gives the permit holder and the corporate surety a reasonable 13
495	495	opportunity to correct the deficiencies and to close the landfill, incinerator, WOOD VAULT , 14
496	496	or transfer station in accordance with the regulations of the Department; and 15
497	497
498	498	(iv) Authorizes the local governing body to close the landfill, 16
499	499	incinerator, WOOD VAULT , or transfer station in accordance with the regulations of the 17
500	500	Department. 18
501	501
502	502	(2) The local governing body shall use bond proceeds, cash, or the proceeds 19
503	503	of other security to pay the cost of properly closing the landfill, incinerator, WOOD VAULT , 20
504	504	or transfer station. 21
505	505
506	506	9–212.1. 22
507	507
508	508	The Department may deny an application for a permit for a sanitary landfill system 23
509	509	OR WOOD VA ULT to any nongovernmental person if: 24
510	510
511	511	(1) The owner of the land, the operator, or the applicant has violated: 25
512	512
513	513	(i) Any law of this State or any other state concerning sanitary 26
514	514	landfills OR WOOD VAULTS ; or 27
515	515
516	516	(ii) Any regulation or permit condition of this State or any other 28
517	517	state concerning sanitary landfills OR WOOD VAULTS ; or 29
518	518
519	519	(2) The Department finds that operation of the sanitary landfill system OR 30
520	520	WOOD VAULT would harm public health or the environment. 31
521	521
522	522	9–213. 32
523	523	12 HOUSE BILL 1250
524	524
525	525
526	526	(a) A permit for a landfill system OR WOOD VAULT expires on the 5th 1
527	527	anniversary of its date of issue, unless the permit is renewed for a 5–year term as provided 2
528	528	in this section. 3
529	529
530	530	(b) Before a permit for a landfill system OR WOOD VAULT expires, the permit 4
531	531	holder may renew it for an additional 5–year term, if the permit holder: 5
532	532
533	533	(1) Submits to the Department a renewal application on the form that the 6
534	534	Department requires; 7
535	535
536	536	(2) Gives notice, by certified mail, of the renewal application to each 8
537	537	member of the General Assembly in whose district the landfill system OR WOOD VAULT is 9
538	538	located; and 10
539	539
540	540	(3) Obtains the written approval of the Department. 11
541	541
542	542	9–214. 12
543	543
544	544	The Department may refuse to renew a permit for a landfill system OR WOOD 13
545	545	VAULT if: 14
546	546
547	547	(1) The permit holder violates any provision of this subtitle, any regulation 15
548	548	adopted under this subtitle, any condition of the permit, or, if operating a landfill OR WOOD 16
549	549	VAULT in another state, any statute, regulation, or permit of that state concerning landfill 17
550	550	systems OR WOOD VAULTS ; 18
551	551
552	552	(2) The Department finds that continued operation of the landfill system 19
553	553	OR WOOD VAULT would be injurious to public health or the environment; or 20
554	554
555	555	(3) The Department finds that there is any other good cause. 21
556	556
557	557	9–215. 22
558	558
559	559	(a) When landfill OR WOOD VAULT operations end, the holder of a permit issued 23
560	560	under this subtitle for a landfill system OR WOOD VAULT shall close and cover all of the 24
561	561	land for which the permit was issued in a manner that prevents: 25
562	562
563	563	(1) Erosion; 26
564	564
565	565	(2) Health and safety hazards; 27
566	566
567	567	(3) Nuisances; and 28
568	568
569	569	(4) Pollution. 29
570	570	HOUSE BILL 1250 13
571	571
572	572
573	573	(b) The Department shall adopt regulations that set standards for the closing and 1
574	574	covering of landfill systems AND WOOD VAULTS . 2
575	575
576	576	9–220. 3
577	577
578	578	(a) The Secretary shall order the owner or person in charge of a water supply 4
579	579	system, sewerage system, WOOD VAULT , or refuse disposal system to correct the following 5
580	580	improper conditions, if, after investigation, the Secretary determines that, because of 6
581	581	incompetent supervision or inefficient operation, the water supply system, sewerage 7
582	582	system, WOOD VAULT , or refuse disposal system: 8
583	583
584	584	(1) Is not producing reasonable results from a sanitary viewpoint; 9
585	585
586	586	(2) Is a menace to health or comfort; or 10
587	587
588	588	(3) Is causing a nuisance. 11
589	589
590	590	(b) The order shall require that the water supply system, sewerage system, 12
591	591	WOOD VAULT , or refuse disposal system produce specific, reasonable results within a time 13
592	592	that the Secretary sets. 14
593	593
594	594	(c) (1) If the water supply system, sewerage system, WOOD VAULT , or refuse 15
595	595	disposal system does not produce the required results within the time that the Secretary 16
596	596	sets, the Secretary may order the owner or person in charge to appoint, within a time that 17
597	597	the Secretary sets, a person approved by the Secretary to take charge of and operate the 18
598	598	system in a manner that will secure the results demanded by the Secretary. 19
599	599
600	600	(2) The person who is served with an order under paragraph (1) of this 20
601	601	subsection shall pay the salary of the person who is appointed in compliance with the order. 21
602	602
603	603	9–221. 22
604	604
605	605	(a) If, after investigation, the Department determines that any water supply 23
606	606	system, sewerage system, WOOD VAULT , or refuse disposal system is a menace to health 24
607	607	or comfort or is causing a nuisance, and that conditions cannot be improved sufficiently 25
608	608	only by changing the method of operation, the Department may order the owner: 26
609	609
610	610	(1) To alter or extend the water supply system, sewerage system, WOOD 27
611	611	VAULT, or refuse disposal system; or 28
612	612
613	613	(2) To install a new water supply system, sewerage system, WOOD VAULT , 29
614	614	or refuse disposal system. 30
615	615
616	616	9–252. 31
617	617	14 HOUSE BILL 1250
618	618
619	619
620	620	(a) (1) To prevent or correct pollution of the waters of this State, the Secretary 1
621	621	may: 2
622	622
623	623	(i) Adopt and enforce regulations; and 3
624	624
625	625	(ii) Order works to be executed. 4
626	626
627	627	(2) The Secretary may: 5
628	628
629	629	(i) Require any public water supply system, public sewerage 6
630	630	system, WOOD VAULT , or refuse disposal system to be operated in a manner that will 7
631	631	protect public health and comfort; and 8
632	632
633	633	(ii) Order the alteration, extension, or replacement of any public 9
634	634	water supply system, public sewerage system, WOOD VAULT , or refuse disposal system. 10
635	635
636	636	(b) The Secretary: 11
637	637
638	638	(1) Has supervision and control over the sanitary and physical condition of 12
639	639	the waters of this State to protect public health and comfort; 13
640	640
641	641	(2) Shall investigate: 14
642	642
643	643	(i) All sources of water and ice; and 15
644	644
645	645	(ii) All points of sewage discharge; 16
646	646
647	647	(3) Shall examine all public water supply systems, public sewerage 17
648	648	systems, WOOD VAULTS , and refuse disposal systems; and 18
649	649
650	650	(4) Shall approve or disapprove the design and construction of any public 19
651	651	water supply system, public sewerage system, WOOD VAULT , or refuse disposal system 20
652	652	that is to be built in this State. 21
653	653
654	654	(c) The powers and duties of the Secretary under this section are in addition to 22
655	655	the powers and duties set forth elsewhere in this subtitle. 23
656	656
657	657	9–314. 24
658	658
659	659	(a) (1) The Department may adopt [rules and] regulations that set, for the 25
660	660	waters of this State, water quality standards and effluent standards. 26
661	661
662	662	(2) These standards shall be designed to protect: 27
663	663
664	664	[(1)] (I) The public health, safety, and welfare; 28
665	665	HOUSE BILL 1250 15
666	666
667	667
668	668	[(2)] (II) Present and future use of the waters of this State for public water 1
669	669	supply; 2
670	670
671	671	[(3)] (III) The propagation of aquatic life and wildlife; 3
672	672
673	673	[(4)] (IV) Recreational use of the waters of this State; and 4
674	674
675	675	[(5)] (V) Agricultural, industrial, and other legitimate uses of the waters 5
676	676	of this State. 6
677	677
678	678	(b) The [rules and] regulations adopted under this section shall include at least 7
679	679	the following: 8
680	680
681	681	(1) Water quality standards that specify the maximum permissible short 9
682	682	term and long term concentrations of pollutants in the water, the minimum permissible 10
683	683	concentrations of dissolved oxygen and other desirable matter in the water, and the 11
684	684	temperature range for the water. 12
685	685
686	686	(2) Effluent standards that specify the maximum loading or concentrations 13
687	687	and the physical, thermal, chemical, biological, and radioactive properties of wastes that 14
688	688	may be discharged into the waters of this State. 15
689	689
690	690	(3) Definition of technique for filling and sealing abandoned water wells 16
691	691	and holes, [for] disposal wells, [for] deep mines and surface mines, WOOD VAULTS , and 17
692	692	[for] landfills to prevent groundwater contamination, seepage, and drainage into the 18
693	693	waters of this State. 19
694	694
695	695	(4) Requirements for the sale, offer, use, or storage of pesticides and other 20
696	696	substances that the Department finds to constitute water pollution hazards. 21
697	697
698	698	(5) Procedures for water pollution incidents or emergencies that constitute 22
699	699	an acute danger to health or the environment. 23
700	700
701	701	(6) Provisions for equipment and procedures for monitoring pollutants, 24
702	702	collecting samples, and logging and reporting of monitoring. 25
703	703
704	704	(c) Effluent standards set under this section shall be at least as stringent as those 26
705	705	specified by the National Pollutant Discharge Elimination System. 27
706	706
707	707	9–501. 28
708	708
709	709	(a) In this subtitle the following words have the meanings indicated. 29
710	710
711	711	(n) (1) “Solid waste acceptance facility” means any sanitary landfill, 30
712	712	incinerator, transfer station, or plant whose primary purpose is to dispose of, treat, or 31
713	713	process solid waste. 32 16 HOUSE BILL 1250
714	714
715	715
716	716
717	717	(2) “SOLID WASTE ACCEPTANC E FACILITY” DOES NOT INCLUDE A 1
718	718	WOOD VAULT AS DEFINE D IN § 9–101 OF THIS TITLE. 2
719	719
720	720	Article – Natural Resources 3
721	721
722	722	3–201. 4
723	723
724	724	(a) (1) There is a Maryland Environmental Trust established to conserve, 5
725	725	improve, stimulate, and perpetuate the aesthetic, natural, health and welfare, scenic, and 6
726	726	cultural qualities of the environment, including, but not limited to land, water, air, wildlife, 7
727	727	scenic qualities, open spaces, buildings or any interest therein, and other appurtenances 8
728	728	pertaining in any way to the State. 9
729	729
730	730	(D) AN EASEMENT APPROVED BY THE TRUST MAY ALLOW FOR T HE 10
731	731	CONSTRUCTION AND USE OF A WOOD VAULT AS D EFINED IN § 9–101 OF THE 11
732	732	ENVIRONMENT ARTICLE. 12
733	733
734	734	5–9A–05. 13
735	735
736	736	(a) (1) A sponsor may file an application to designate a Rural Legacy Area in 14
737	737	accordance with a schedule established by the Board. 15
738	738
739	739	(2) A local government may not apply for or approve an application for a 16
740	740	Rural Legacy Area designation inside another jurisdiction’s boundaries without that 17
741	741	jurisdiction’s approval. 18
742	742
743	743	(Q) AN EASEMENT ACQUIRED UNDER THIS SUBTITLE MAY ALLOW FOR THE 19
744	744	CONSTRUCTION AND USE OF A WOOD V AULT AS DEFINED IN § 9–101 OF THE 20
745	745	ENVIRONMENT ARTICLE. 21
746	746
747	747	SECTION 2. AND BE IT FURTHER ENACTED, That the General Assembly: 22
748	748
749	749	(1) finds and declares that wood vaults are a useful tool to address the 23
750	750	climate crisis; and 24
751	751
752	752	(2) encourages local governments to minimize permitting burdens on the 25
753	753	construction of wood vaults, in a manner similar to other agricultural best management 26
754	754	practices. 27
755	755
756	756	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 28
757	757	1, 2024. It shall remain effective for a period of 5 years and, at the end of June 30, 2029, 29
758	758	this Act, with no further action required by the General Assembly, shall be abrogated and 30
759	759	of no further force and effect. 31