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.
*hb0245*
HOUSE BILL 245
M3 4lr0363
(PRE–FILED) CF 4lr0364
By: Chair, Environment and Transportation Committee (By Request –
Departmental – Environment)
Requested: September 17, 2023
Introduced and read first time: January 10, 2024
Assigned to: Environment and Transportation
Committee Report: Favorable with amendments
House action: Adopted
Read second time: February 27, 2024
CHAPTER ______
AN ACT concerning 1
Department of the Environment – Fees, Penalties, Funding, and Regulation 2
FOR the purpose of altering the authorized uses of the Maryland Clean Air Fund to include 3
certain activities relating to reducing air pollution in the State; specifying that 4
money deposited into the Maryland Clean Air Fund may not revert to the General 5
Fund of the State; altering the maximum amount of a certain air quality control 6
permit fee; authorizing the Department of the Environment to charge a fee for 7
processing and issuing on–site sewage disposal permits and individual well 8
construction permits under certain circumstances and requiring the Department to 9
establish the fees by regulation; authorizing the Department to establish a certain 10
fee for the Responsible Personnel Training Program Certification; requiring the 11
Department to deposit certain fees into the Maryland Clean Water Fund; requiring 12
a holder of a license to transfer oil into the State to pay a certain fee when oil owned 13
by the licensee is first transferred into the State; altering the basis for calculating a 14
certain fee credited to the Maryland Oil Disaster Containment, Clean–Up and 15
Contingency Fund; repealing the requirement that an applicant for a license to 16
transfer oil into the State provide certain information to the Department as a 17
condition precedent to the issuance or renewal of the license; altering certain 18
application fees under the wetlands and waterways program and requiring the 19
Department to issue a public notice of the certain adjusted fees in a certain manner; 20
establishing the Private Dam Repair Fund as a special, nonlapsing fund to provide 21
financial assistance for the repair, upgrade, or removal of private dams; authorizing 22
the Department to provide loans from the Private Dam Repair Fund to certain dam 23 2 HOUSE BILL 245
owners for certain purposes; requiring the Maryland Water Infrastructure Financing 1
Administration to administer loans from the Private Dam Repair Fund in a certain 2
manner; requiring interest earnings of the Private Dam Repair Fund to be credited 3
to the Fund; requiring certain dam owners to register with the Department; 4
requiring the Department to establish and collect certain registration and permit 5
fees and deposit the fees into the Private Dam Repair Fund; altering certain 6
penalties and requiring penalties for certain dam safety violations to be deposited 7
into the Private Dam Repair Fund; altering certain dam safety requirements; 8
altering the fee required to be paid to the Department for certain affected property 9
under certain provisions of law requiring the reduction of lead risk in housing; 10
altering the processing fee required to be submitted to the Department with a report 11
that a rental dwelling unit is lead free; authorizing the Department to establish a 12
protocol to stagger registrations of affected property for certain purposes; altering 13
the fee for the initial application to the Voluntary Cleanup Program; requiring an 14
applicant to or a participant of the Voluntary Cleanup Program to pay to the 15
Department certain additional costs under certain circumstances; altering the 16
factors that the Department is required to consider in establishing a certain fee to 17
be paid by a certain generator of coal combustion by–products; altering certain 18
surface mining license and permit fees; and generally relating to fees and penalties 19
assessed, funding provided, and regulation by the Department of the Environment. 20
BY repealing and reenacting, with amendments, 21
Article – Environment 22
Section 1–301, 2–107, 2–403, 4–104, 4–411(a), (b), (c)(2), (3), and (7), and (h), 5–203.1, 23
5–509, 5–514, 6–843, and 7–506(a) 24
Annotated Code of Maryland 25
(2013 Replacement Volume and 2023 Supplement) 26
BY repealing 27
Article – Environment 28
Section 4–411(d) 29
Annotated Code of Maryland 30
(2013 Replacement Volume and 2023 Supplement) 31
BY adding to 32
Article – Environment 33
Section 5–203.2, 5–509.1, and 5–509.2 34
Annotated Code of Maryland 35
(2013 Replacement Volume and 2023 Supplement) 36
BY repealing and reenacting, without amendments, 37
Article – Environment 38
Section 7–503 and 7–506(b) 39
Annotated Code of Maryland 40
(2013 Replacement Volume and 2023 Supplement) 41
BY repealing and reenacting, with amendments, 42 HOUSE BILL 245 3
Article – Environment 1
Section 9–283, 9–320(b), 9–1606, 15–807, 15–815, and 15–816 2
Annotated Code of Maryland 3
(2014 Replacement Volume and 2023 Supplement) 4
BY repealing and reenacting, without amendments, 5
Article – State Finance and Procurement 6
Section 6–226(a)(2)(i) 7
Annotated Code of Maryland 8
(2021 Replacement Volume and 2023 Supplement) 9
BY repealing and reenacting, with amendments, 10
Article – State Finance and Procurement 11
Section 6–226(a)(2)(ii)189. and 190. 12
Annotated Code of Maryland 13
(2021 Replacement Volume and 2023 Supplement) 14
BY adding to 15
Article – State Finance and Procurement 16
Section 6–226(a)(2)(ii)191. 17
Annotated Code of Maryland 18
(2021 Replacement Volume and 2023 Supplement) 19
BY renumbering 20
Article – Environment 21
Section 4–411(e) through (g) 22
to be Section 4–411(d) through (f), respectively 23
Annotated Code of Maryland 24
(2013 Replacement Volume and 2023 Supplement) 25
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 26
That the Laws of Maryland read as follows: 27
Article – Environment 28
2–107. 29
(a) There is a Maryland Clean Air Fund. 30
(b) Except as provided in § 2–1002(g) of this title, all application fees, permit fees, 31
renewal fees, and funds collected by the Department under this title, Title 6, Subtitle 4 of 32
this article, or received from the Maryland Strategic Energy Investment Fund under § 33
9–20B–05(g)(3)(iii) of the State Government Article, including any civil or administrative 34
penalty or any fine imposed by a court under these provisions, shall be paid into the 35
Maryland Clean Air Fund. 36
(c) (1) Subject to the appropriation process in the annual operating budget, 37 4 HOUSE BILL 245
the Department shall use the Maryland Clean Air Fund for: 1
(i) Activities conducted under this title that are related to 2
identifying, monitoring, REDUCING, and regulating air pollution in [this] THE State, 3
including program development of these activities as provided in the State budget; and 4
(ii) Providing grants to local governments to supplement funding for 5
programs conducted by local governments that are consistent with this title and the State 6
program. 7
(2) Subject to Title 10, Subtitle 1 of the State Government Article 8
(Administrative Procedure Act – Regulations), the Department shall adopt rules and 9
regulations for the management and use of the money in the Fund. 10
(3) At the end of the fiscal year, the Department shall: 11
(i) Prepare an annual report on: 12
1. The Maryland Clean Air Fund that includes an accounting 13
of all financial receipts and expenditures to and from the Fund; and 14
2. Any relevant information regarding the federal approval 15
process, the effectiveness of the permitting program, and any other issues related to the 16
operation of the permitting program established under § 2–401 of this title; 17
(ii) Provide a copy of the report to the General Assembly, as provided 18
under § 2–1257 of the State Government Article; and 19
(iii) Upon request, make the report available to permit holders under 20
this title. 21
(4) [When the Fund equals or exceeds a maximum limit of $2,000,000, 22
additional money received for the Fund by the Department shall be deposited to the 23
General Fund] MONEY DEPOSITED INTO THE FUND IS NOT SUBJECT T O § 7–302 OF 24
THE STATE FINANCE AND PROCUREMENT ARTICLE AND MAY NOT R EVERT TO THE 25
GENERAL FUND OF THE STATE. 26
2–403. 27
(a) (1) The Department, by regulation, shall require and collect a fee for each 28
permit issued under § 2–401 of this subtitle. 29
(2) In adopting the regulations under this section, the Department shall 30
consult with industry to determine that the permit fee is reasonable and directly related to 31
the actual cost of the permitting and regulatory activity, and does not exceed a certain 32
dollar amount. 33 HOUSE BILL 245 5
(b) (1) The amount of the fees shall cover: 1
(i) The reasonable cost of reviewing and acting on the application 2
for the permits; 3
(ii) The reasonable costs incurred in implementing and enforcing the 4
terms and conditions of the permits, exclusive of any court costs or other costs associated 5
with any enforcement actions; and 6
(iii) The costs identified in § 502(b)(3) of the Clean Air Act 7
Amendments of 1990. 8
(2) Fees assessed and collected under this section shall be used exclusively 9
for the development and administration of the permit program under this subtitle. 10
(c) (1) The fee established under this section may not exceed[: 11
(i) $50] $200 per ton of regulated emissions[; and 12
(ii) $500,000 for any single source in calendar years 2008 and 2009]. 13
(2) For purposes of calculating fees under this section, carbon dioxide 14
emissions shall be excluded. 15
(3) The fee established under this section may be adjusted to reflect 16
changes in the Consumer Price Index[, as authorized by 40 C.F.R. Part 70 (Operating 17
Permit Program)]. 18
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 19
as follows: 20
Article – Environment 21
1–301. 22
(a) The Secretary shall carry out and enforce the provisions of this article and the 23
rules and regulations adopted under this article. 24
(b) The Secretary may delegate duties, powers, and functions as provided in this 25
article to a health officer for a county or to another county official authorized to administer 26
and enforce environmental laws. 27
(c) In those counties where a county official other than the health officer is 28
authorized to administer and enforce State environmental laws under this section, the 29
county shall establish minimum qualifications for that county official that include 30 6 HOUSE BILL 245
standards of education and experience related to environmental issues. 1
(D) (1) THE DEPARTMENT MAY CHARGE A FEE FOR PROCESSING AND 2
ISSUING ON –SITE SEWAGE DISPOSAL PERMITS AND INDIVIDU AL WELL 3
CONSTRUCTION PERMITS IN A COUNTY IF: 4
(I) A COUNTY OFFICIAL OR H EALTH OFFICER IS UNW ILLING OR 5
THE DEPARTMENT DETERMINES THAT THEY ARE UNABLE TO FULFILL THE 6
DELEGATED DUTIES , POWERS, AND FUNCTIONS TO THE SATISFACTION OF THE 7
SECRETARY; AND 8
(II) THE DEPARTMENT OVERSEES T HE ISSUANCE OF 9
1. THE DEPARTMENT WITHDRAWS THE AUTHORITY 10
DELEGATED UNDER THIS SECTION T O PROCESS AND ISSUE ON–SITE SEWAGE 11
DISPOSAL PERMITS OR INDIVIDUAL WELL CONS TRUCTION PERMITS FRO M A HEALTH 12
OFFICER FOR THE COUN TY OR ANOTHER COUNTY OFFICIAL AUTHORIZED TO 13
ADMINISTER AND ENFOR CE ENVIRONMENTAL LAW S; OR 14
2. THE HEALTH OFFICER OR COUNTY OF FICIAL 15
RETURNS THE DELEGATE D AUTHORITY TO THE DEPARTMENT ; AND 16
(II) A LICENSED ENVIRONMENT AL HEALTH SPECIALIST 17
REVIEWS AND APPROVES THE PERMITS. 18
(2) (I) THE FEES SHALL BE: 19
(I) ESTABLISHED 20
1. SHALL BE ESTABLISHED BY THE DEPARTMENT IN 21
REGULATION ; AND 22
(II) SET AT A RATE THAT PR ODUCES FUNDS APPROXI MATE TO 23
THE COST OF ADMINIST ERING THE PERMIT PRO CESS 24
2. EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 25
PARAGRAPH , MAY NOT EXCEED $575. 26
(II) 1. SUBJECT TO SUBSUBPARAGRAPH 2 OF THIS 27
SUBPARAGRAPH , THE DEPARTMENT MAY ANNUAL LY INCREASE THE FEES UNDER 28
SUBPARAGRAPH (I) OF THIS PARAGRAPH IN ACCORDANCE WITH THE PERCENTAGE 29
INCREASE IN THE CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS FOR THE 30
WASHINGTON METROPOLITAN AREA DURING THE PREVIO US YEAR. 31
HOUSE BILL 245 7
2. THE DEPARTMENT MAY NOT AN NUALLY INCREASE 1
THE FEES UNDER THIS SUBSECTION BY MORE T HAN 3%. 2
(3) THE FEES COLLECTED BY THE DEPARTMENT UNDER THIS 3
SUBSECTION SHALL BE DEPOSITED INTO THE MARYLAND CLEAN WATER FUND IN § 4
9–320 OF THIS ARTICLE. 5
[(d)] (E) (1) (i) On or before October 1 of each year, the Secretary, in 6
consultation with the Attorney General, shall submit to the Legislative Policy Committee, 7
in accordance with § 2–1257 of the State Government Article, a report on enforcement 8
activities conducted by the Department during the previous fiscal year. 9
(ii) The report shall: 10
1. Include the information required under this subsection 11
and any additional information concerning environmental enforcement that the Secretary 12
decides to provide; 13
2. Be available to the public as soon as it is forwarded to the 14
Legislative Policy Committee; 15
3. Include information on the total number of permits and 16
licenses issued by or filed with the Department at any time and still in effect as of the last 17
date of the fiscal year immediately preceding the date on which the report is filed; 18
4. Include information concerning specific enforcement 19
actions taken with respect to the permits and licenses during the immediately preceding 20
fiscal year; and 21
5. Include information on the type and number of contacts or 22
consultations with businesses concerning compliance with State environmental laws. 23
(iii) The information required in the report under paragraph (3) of 24
this subsection shall be organized according to each program specified. 25
(2) The report shall state the total amount of money as a result of 26
enforcement actions, as of the end of the immediately preceding fiscal year: 27
(i) Deposited in the Maryland Clean Air Fund; 28
(ii) Deposited in the Maryland Oil Disaster Containment, Clean–Up 29
and Contingency Fund; 30
(iii) Deposited in the Nontidal Wetland Compensation Fund; 31
(iv) Deposited in the Maryland Hazardous Substance Control Fund; 32 8 HOUSE BILL 245
(v) Recovered by the Department from responsible parties in 1
accordance with § 7–221 of this article; and 2
(vi) Deposited in the Maryland Clean Water Fund. 3
(3) (i) The report shall include the information specified in 4
subparagraphs (ii), (iii), (iv), and (v) of this paragraph for each of the following programs in 5
the Department: 6
1. Ambient air quality control under Title 2, Subtitle 4 of this 7
article; 8
2. Oil pollution under Title 4, Subtitle 4 of this article; 9
3. Nontidal wetlands under Title 5, Subtitle 9 of this article; 10
4. Asbestos under Title 6, Subtitle 4 of this article; 11
5. Lead paint under Title 6, Subtitle 8 of this article; 12
6. Controlled hazardous substances under Title 7, Subtitle 2 13
of this article; 14
7. Water supply, sewerage systems, and refuse disposal 15
systems under Title 9, Subtitle 2 of this article; 16
8. Water discharges under Title 9, Subtitle 3 of this article; 17
9. Drinking water under Title 9, Subtitle 4 of this article; and 18
10. Wetlands under Title 16, Subtitle 2 of this article. 19
(ii) For each of the programs set forth in subparagraph (i) of this 20
paragraph, the Department shall provide the total number or amount of: 21
1. Final permits or licenses issued to a person or facility, as 22
appropriate, and not surrendered, suspended, or revoked; 23
2. Inspections, audits, or spot checks performed at facilities 24
permitted; 25
3. Injunctions obtained; 26
4. Show cause, remedial, and corrective action orders issued; 27
5. Stop work orders; 28 HOUSE BILL 245 9
6. Administrative or civil penalties obtained; 1
7. Criminal actions charged, convictions obtained, 2
imprisonment time ordered, and criminal fines received; and 3
8. Any other actions taken by the Department to enforce the 4
requirements of the applicable environmental program, including: 5
A. Notices of the removal or encapsulation of asbestos under 6
§ 6–414.1 of this article; and 7
B. Actions enforcing user charges against industrial users 8
under § 9–341 of this article. 9
(iii) In addition to the information required in subparagraph (ii) of 10
this paragraph, for the Lead Paint Program under Title 6, Subtitle 8 of this article, the 11
report shall include the total number or amount of: 12
1. Affected properties registered; and 13
2. Inspectors or other persons accredited by the Department, 14
for whom accreditation has not been surrendered, suspended, or revoked. 15
(iv) In addition to the information required in subparagraph (ii) of 16
this paragraph, for the Controlled Hazardous Substances Program under Title 7, Subtitle 17
2 of this article, the report shall include the following lists, updated to reflect the most 18
recent information available for the immediately preceding fiscal year: 19
1. Possible controlled hazardous substance sites compiled in 20
accordance with § 7–223(a) of this article; 21
2. Proposed sites listed in accordance with § 7–223(c) of this 22
article at which the Department intends to conduct preliminary site assessments; and 23
3. Hazardous waste sites in the disposal site registry 24
compiled in accordance with § 7–223(f) of this article. 25
(v) In addition to the information required in subparagraph (ii) of 26
this paragraph, for the Drinking Water Program, the report shall include the total number 27
of: 28
1. Actions to prevent public water system contamination or 29
to respond to a Safe Drinking Water Act emergency under §§ 9–405 and 9–406 of this 30
article; and 31
2. Notices given to the public by public water systems under 32 10 HOUSE BILL 245
§ 9–410 of this article. 1
4–104. 2
(a) In this section, “responsible personnel” means any foreman, superintendent, 3
or project engineer who is in charge of on–site clearing and grading operations or sediment 4
control associated with a construction project. 5
(b) (1) After July 1, 1983, any applicant for sediment and erosion control plan 6
approval shall certify to the appropriate jurisdiction that any responsible personnel 7
involved in the construction project will have a certificate of attendance at a Department 8
[of the Environment] approved training program for the control of sediment and erosion 9
before beginning the project. 10
(2) A certificate shall be [valid]: 11
(I) VALID for a 3–year period[. A certificate shall be automatically]; 12
AND 13
(II) AUTOMATICALLY renewed unless the Department [of the 14
Environment] notifies the certificate holder that additional training is required. 15
(c) The appropriate governmental entity authorized to approve grading and 16
sediment control plans may waive the requirement of this section for the responsible 17
personnel on any project involving four or fewer residential units. 18
(d) Any person may develop and conduct a training program if the program 19
content and instructor are approved by and meet the requirements set by the Department 20
[of the Environment]. 21
(E) (1) THE DEPARTMENT MAY ESTABL ISH BY REGULATION A FEE FOR 22
PROCESSING AND ISSUI NG THE CERTIFICATION . 23
(2) A FEE ESTABLISHED UNDE R THIS SUBSECTION SH ALL BE SET AT 24
A RATE THAT PRODUCES FUNDS APPROXIMATELY THE SAME AS THE COST OF 25
PROCESSING AND ISSUING T HE CERTIFICATION . 26
(3) THE DEPARTMENT SHALL DEPO SIT ANY FEE COLLECTE D UNDER 27
THIS SUBSECTION INTO THE MARYLAND CLEAN WATER FUND IN § 9–320 OF THIS 28
ARTICLE. 29
4–411. 30
(a) (1) In this section the following words have the meanings indicated. 31
(2) “Barrel” means any measure of petroleum products or its by–products 32 HOUSE BILL 245 11
which consists of 42.0 U.S. gallons of liquid measure. 1
(3) “Fund” means the Maryland Oil Disaster Containment, Clean–Up and 2
Contingency Fund. 3
(4) “Transfer” means the offloading or onloading of oil [in] INTO the State 4
from or to any commercial vessel, barge, tank truck, tank car, pipeline, or any other means 5
used for transporting oil. 6
(b) A person other than a vessel or barge may not transfer oil [in] INTO the State 7
without a license. 8
(c) (2) The fee on any barrel TRANSFERRED INTO THE STATE UNDER A 9
LICENSE shall be [imposed]: 10
(I) PAID BY THE LICENSEE THAT OWNS THE OIL WH EN THE OIL 11
IS FIRST TRANSFERRED INTO THE STATE; AND 12
(II) IMPOSED only once, at the point of first transfer [in] INTO the 13
State. 14
(3) The [license] fee UNDER PARAGRAPH (2) OF THIS SUBSECTION shall 15
be: 16
(i) Credited CREDITED to the Maryland Oil Disaster Containment, 17
Clean–Up and Contingency Fund and based on: 18
1. (I) Before July 1, 2024 2029, a 7.75 9 cents per barrel fee for 19
oil transferred [in] INTO the State; and 20
2. (II) On or after July 1, 2024 2029, [a 5] AN 8 cents per barrel 21
fee for oil transferred [in] INTO the State; and 22
(ii) Until July 1, 2024, based on an additional 0.25 cent per barrel 23
fee for oil transferred [in] INTO the State and credited to the Oil Contaminated Site 24
Environmental Cleanup Fund as described in Subtitle 7 of this title. 25
(7) The Department shall [promulgate rules and] ADOPT regulations, 26
establish audit procedures for the audit of licensees, and prescribe and publish forms as 27
may be necessary to effectuate the purposes of this section. 28
[(d) As a condition precedent to the issuance or renewal of a license, the 29
Department shall require satisfactory evidence that the applicant has implemented or is in 30
the process of implementing State and federal plans and regulations to control pollution 31
related to oil, petroleum products, and their by–products and the abatement thereof when 32 12 HOUSE BILL 245
a discharge occurs.] 1
[(h)] (G) (1) The Department shall provide the standing committees of the 2
Maryland General Assembly with primary jurisdiction over this section with a status report 3
on the Fund on or before January 1 of each year in accordance with § 2–1257 of the State 4
Government Article. 5
(2) The report shall include an accounting of all money expended for each 6
of the purposes specified in subsection [(g)] (F) of this section. 7
5–203.1. 8
(a) (1) In this section the following words have the meanings indicated. 9
(2) (i) “Commercial activity” means a project or activity undertaken for 10
consideration, regardless of whether a profit is made. 11
(ii) “Commercial activity” includes: 12
1. A subdivision; 13
2. A development; and 14
3. Constructing or operating a marina. 15
(3) “Commercial building” means a building that is used primarily for 16
commercial activity. 17
(4) “Development” means a project for the construction of: 18
(i) Two or more residential dwelling units; 19
(ii) A commercial structure; or 20
(iii) An industrial structure. 21
(5) “Dwelling unit” means a property that contains: 22
(i) One or more rooms used as a residence; 23
(ii) Kitchen facilities; and 24
(iii) Bathroom facilities. 25
(6) “Major project” means a project that: 26
(i) Proposes to permanently impact 5,000 square feet or more of 27 HOUSE BILL 245 13
wetlands or waterways, including the 100–year floodplain; 1
(ii) Is located in an area identified as potentially impacting a 2
nontidal wetland of special State concern by a geographical information system database 3
that: 4
1. Has been developed and maintained by the Department of 5
Natural Resources; and 6
2. Is used by the Department to screen incoming 7
applications; or 8
(iii) Requires the issuance of a public notice by the Department. 9
(7) “Marina” means a facility for the mooring, docking, or storing of more 10
than 10 vessels on tidal navigable waters, including a commercial, noncommercial, or 11
community facility. 12
(8) “Minor project” means a project that: 13
(i) Proposes to permanently impact less than 5,000 square feet of 14
wetlands or waterways, including the 100–year floodplain; and 15
(ii) Does not meet the definition of a major project. 16
(9) “Residential activity” means a noncommercial activity that is conducted 17
on residential property. 18
(10) (i) “Residential property” means improved property that is used 19
primarily as a residence or unimproved property that is zoned for use as a residence. 20
(ii) “Residential property” includes: 21
1. Property owned by a homeowners’ association; and 22
2. A condominium. 23
(iii) “Residential property” does not include: 24
1. A commercial building; 25
2. A marina; or 26
3. A residential apartment complex or building. 27
(11) (i) “Subdivision” means the division of a lot, tract, or parcel of land 28
into two or more lots, plots, sites, tracts, parcels, or other divisions for the immediate or 29 14 HOUSE BILL 245
future purpose of selling or development. 1
(ii) “Subdivision” includes resubdivision. 2
(12) “TIER II HIGH QUALITY WATERSHED” MEANS THE LAND AND 3
WATER AREA WHICH DRA INS TOWARD OR INTO A TIER II HIGH QUALITY WATER AS 4
DESIGNATED AND IDENT IFIED IN A GEOGRAPHI C INFORMATION SYSTEM BY THE 5
DEPARTMENT . 6
(b) (1) Except as provided under paragraphs (2), (3), and (6), AND (7) of this 7
subsection, all applications for wetlands and waterways authorizations issued by the 8
Department under §§ 5–503 and 5–906 of this title and §§ 16–202, 16–302, and 16–307 of 9
this article or wetlands licenses issued by the Board of Public Works under § 16–202 of this 10
article shall be accompanied by an application fee as follows: 11
(i) For an application for a minor project or general permit.....[$750] 12
$980; 13
(ii) For an application for a minor modification…….………..[$250] 14
$330; 15
(iii) For an application for a major project with a proposed permanent 16
impact of: 17
1. Less than 1/4 acre………… ………………………… [$1,500] 18
$1,950; 19
2. At least 1/4 acre, but less than 1/2 acre…..…..[$3,000] 20
$3,890; 21
3. At least 1/2 acre, but less than 3/4 acre……....[$4,500] 22
$5,830; 23
4. At least 3/4 acre, but less than 1 acre………...[$6,000] 24
$7,780; and 25
5. 1 acre or more…....the impact area in acres multiplied by 26
[$7,500] $9,720; and 27
(iv) For an application for a major modification………… [$1,500] 28
$1,950. 29
(2) The following are exempt from the application fees established under 30
paragraph (1) of this subsection: 31
HOUSE BILL 245 15
(i) Regulated activities conducted by the State, a municipal 1
corporation, county, bicounty or multicounty agency under Division II of the Land Use 2
Article or Division II of the Public Utilities Article, or a unit of the State, a municipal 3
corporation, or a county; 4
(ii) Performance of agricultural best management practices 5
contained in a soil conservation and water quality plan approved by the appropriate soil 6
conservation district; 7
(iii) Performance of forestry best management practices contained in 8
an erosion and sediment control plan: 9
1. Prepared by a registered forester; and 10
2. Approved by the appropriate soil conservation district; 11
(iv) Stream restoration, vegetative shoreline stabilization, wetland 12
creation, or other project in which the primary effect is to enhance the State’s wetland or 13
water resources; and 14
(v) Aquacultural activities for which the Department of Natural 15
Resources has issued a permit under Title 4, Subtitle 11A of the Natural Resources Article. 16
(3) Except as provided in paragraph (4) of this subsection, the following 17
shall be minor projects and subject to the appropriate application fee under paragraph 18
PARAGRAPHS (1)(i) and (ii) AND (7)(I) of this subsection: 19
(i) A residential activity issued a permit under §§ 5–503 and 5–906 20
of this title and §§ 16–202, 16–302, and 16–307 of this article; and 21
(ii) A mining activity undertaken on affected land as identified in a 22
permit issued under Title 15 of this article. 23
(4) Subject to paragraph PARAGRAPHS (5) AND (7) of this subsection, an 24
application for the following minor projects shall be accompanied by the following 25
application fees: 26
(i) Installation of: 27
1. One boat lift or hoist, not exceeding four boat lifts or hoists 28
per pier; 29
2. One personal watercraft lift or hoist, not exceeding six 30
personal watercraft lifts or hoists per pier; or 31
3. A combination of boat lifts or hoists and personal 32
watercraft lifts or hoists, not exceeding six lifts or hoists per pier, of which not more than 33 16 HOUSE BILL 245
four lifts or hoists are boat lifts or hoists [$300] $385; 1
(ii) Installation of a maximum of six mooring pilings……….[$300] 2
$390; 3
(iii) In–kind repair and replacement of structures……….…..[$300] 4
$390; 5
(iv) Installation of a fixed or floating platform on an existing pier 6
where the total platform area does not exceed 200 square feet………………………...…[$300] 7
$390; 8
(v) Construction of a nonhabitable structure that permanently 9
impacts less than 1,000 square feet, such as a driveway, deck, pool, shed, or fence.…..[$300] 10
$390; 11
(vi) Replacement of an existing bulkhead where the replacement 12
bulkhead does not exceed more than 18 inches channelward of the existing 13
structure……………… …………………………………………………………… ………….…[$500] 14
$650; and 15
(vii) In–kind repair and replacement of existing 16
infrastructure……..……............................................................................................…...[$500] 17
$650. 18
(5) The Department may not require an application fee for: 19
(i) The installation of a boat lift, hoist, or personal watercraft lift on 20
existing pilings; or 21
(ii) If the existing structure is functional and there is no increase in 22
the original length, width, height, or channelward encroachment authorized under § 23
16–202, § 16–302, or § 16–307 of this article, the routine maintenance, repair, or 24
replacement of: 25
1. A highway structure; 26
2. A pier; 27
3. A boathouse; 28
4. A structure on a pier; 29
5. A bulkhead; 30
HOUSE BILL 245 17
6. A revetment; 1
7. A tidal impoundment dike; 2
8. A water control structure; 3
9. An aboveground transmission facility; 4
10. An agricultural drainage ditch; or 5
11. A highway drainage ditch. 6
(6) The application fee for a structural shoreline stabilization project 7
located on or adjacent to a State–owned lake may not exceed [$250] $290. 8
(7) [The fees imposed under this subsection may not be modified without 9
legislative enactment. 10
(8) (i) Subject to paragraph (7) of this subsection, the] EXCEPT AS 11
PROVIDED IN PARAGRAP HS (2) AND (5) OF THIS SUBSECTION , ALL APPLICATIONS 12
FOR WETLANDS AND WAT ERWAYS AUTHORIZATION S ISSUED BY THE DEPARTMENT 13
FOR ACTIVITIES PROPO SED IN A TIER II HIGH QUALITY WATERSHED SHALL BE 14
ACCOMPANIED BY AN AD DITIONAL APPLICATION FEE, AS FOLLOWS: 15
(I) FOR AN APPLICATION FO R A MINOR PROJECT OR MINOR 16
MODIFICATION ……………………………………………………………………..$400; AND 17
(II) FOR AN APPLICATION FO R A MAJOR PROJECT OR MAJOR 18
MODIFICATION …………………………………………………………………….…..$1,600. 19
(8) (I) THE Department may adjust the fees established under 20
paragraphs (1), (4), and (6) of this subsection to reflect changes in the consumer price index 21
for all “urban consumers” for the expenditure category “all items not seasonally adjusted”, 22
and for all regions. 23
(ii) The Annual Consumer Price Index for the period ending each 24
December, as published by the Bureau of Labor Statistics of the U.S. Department of Labor, 25
shall be used to adjust the fees established under paragraphs (1), (4), and (6), AND (7) of 26
this subsection. 27
(8) (9) THE DEPARTMENT SHALL ISSU E A PUBLIC NOTICE OF THE 28
ADJUSTED FEES AT LEA ST 90 DAYS BEFORE THE NEW FEE RATES TAKE EFFEC T. 29
(c) (1) There is a Wetlands and Waterways Program Fund. 30
18 HOUSE BILL 245
(2) The Department shall administer the Fund. 1
(3) The Treasurer shall hold the Fund separately and the Comptroller shall 2
account for the Fund. 3
(4) The Fund consists of all: 4
(i) Application fees collected by the Department under this section; 5
(ii) Monetary compensation paid to the State in conjunction with a 6
wetlands license other than that compensation specified in § 16–205(e)(2) of this article; 7
(iii) Money appropriated in the State budget to the Fund; and 8
(iv) Investment earnings, interest, and any other money from any 9
other source accepted for the benefit of the Fund. 10
(5) In accordance with subsection (e) of this section, the Department shall 11
use the Wetlands and Waterways Program Fund for activities related to: 12
(i) The issuance of authorizations by the Department under §§ 13
5–503 and 5–906 of this title and §§ 16–202, 16–302, and 16–307 of this article or the 14
issuance of wetlands licenses by the Board of Public Works under § 16–202 of this article; 15
(ii) The management, conservation, protection, and preservation of 16
the State’s wetlands and waterways resources, INCLUDING TIER II HIGH QUALITY 17
WATERS AND TIER II HIGH QUALITY WATERSHEDS ; and 18
(iii) Program development associated with this title and Title 16 of 19
this article, as provided by the State budget. 20
(d) On or before December 31 of each year, in accordance with § 2–1257 of the 21
State Government Article, the Department shall prepare and submit an annual report to 22
the House Environment and Transportation Committee, the House Ap propriations 23
Committee, the Senate COMMITTEE ON Education, [Health, and Environmental Affairs 24
Committee] ENERGY, AND THE ENVIRONMENT , and the Senate Budget and Taxation 25
Committee on the Wetlands and Waterways Program Fund, including an accounting of 26
financial receipts deposited into the Fund and expenditures from the Fund. 27
(e) The Department shall: 28
(1) Prioritize the use of the Wetlands and Waterways Program Fund to 29
improve the level of service to the regulated community; 30
(2) Identify and implement measures that will reduce delays and 31
duplication in the administration of the wetlands and waterways permit process, including 32
the processing of applications for wetlands and waterways permits in accordance with § 33 HOUSE BILL 245 19
1–607 of this article; and 1
(3) In conjunction with the Department of Natural Resources, identify up 2
to three types of structural shoreline stabilization practices that may be implemented on 3
or adjacent to a State–owned lake. 4
5–203.2. 5
(A) IN THIS SECTION , “DAM SAFETY PERMIT ” MEANS A PERMIT ISSUED 6
UNDER § 5–503 OF THIS TITLE FOR TH E CONSTRUCTION , RECONSTRUCTION , 7
REPAIR, REMOVAL, OR MODIFICATION OF A DAM. 8
(B) (1) BY REGULATION , THE DEPARTMENT SHALL ESTA BLISH AND 9
COLLECT A FEE TO BE PAID PRIOR TO ISSUAN CE OF A DAM SAFETY P ERMIT. 10
(2) THE DEPARTMENT SHALL BASE THE FEE ON: 11
(I) PROJECT COST; AND 12
(II) THE COST TO THE DEPARTMENT FOR ADMINI STERING THE 13
DAM SAFETY PERMIT . 14
(C) THE APPLICATION FOR A NEW DAM, OR THE ENLARGEMENT , REPAIR, 15
ALTERATION, OR REMOVAL OF AN EXI STING DAM, SHALL INCLUDE THE ESTIMATE D 16
PROJECT COST . 17
(D) PERIODICALLY, THE DEPARTMENT SHALL REVI EW THE FEES AND IF 18
NEEDED ADJUST THE FE ES TO ENSURE THE AMO UNT COLLECTED COVERS THE 19
DEPARTMENT ’S COSTS FOR ADMINIST ERING THE DAM SAFETY PERMIT. 20
(E) FEES COLLECTED UNDER THIS SECTION SHALL BE PAI D INTO THE 21
PRIVATE DAM REPAIR FUND ESTABLISHED UNDE R § 5–509.2 OF THIS TITLE. 22
5–509. 23
(a) (1) In this section the following words have the meanings indicated. 24
(2) [“Asset owner” means the owner or person having control of a water 25
infrastructure asset. 26
(3)] “Association” means: 27
(i) A homeowners association, as defined in § 11B–101 of the Real 28
Property Article; 29
20 HOUSE BILL 245
(ii) A council of unit owners, as defined in § 11–101 of the Real 1
Property Article; or 2
(iii) Any other entity owning or controlling a [water infrastructure 3
asset] DAM, the owners or members of which are owners of property adjacent to or benefited 4
by the [water infrastructure asset] DAM. 5
[(4)] (3) “Association member” means an owner or a member of an 6
association. 7
(4) “DAM OWNER” MEANS THE OWNER OR P ERSON HAVING CONTROL 8
OF THE NORMAL OPERAT ION OR MAINTENANCE O F A DAM. 9
(5) [“Water infrastructure asset” means a reservoir, a dam, or any other 10
waterway construction.] “UNSAFE CONDITION ” MEANS THE CONDITION OF A D AM 11
DETERMINED BY THE DEPARTMENT TO BE UNSA FE DUE TO THE STRUCT URE: 12
(I) BEING IN POOR CONDITI ON; 13
(II) HAVING AN INADEQUATE SPILLWAY; 14
(III) POSING IMMINENT DANGE R OF FAILURE; OR 15
(IV) HAVING ANOTHER CONDIT ION DETERMINED UNS AFE BY 16
THE DEPARTMENT . 17
(b) (1) On complaint or the Department’s own initiative, the Department may 18
investigate or examine any [water infrastructure asset] DAM. 19
(2) If the Department determines that the [water infrastructure asset] 20
DAM is IN AN unsafe CONDITION, needs repair, or should be removed because the [water 21
infrastructure asset] DAM is unsafe and not repairable, the Department shall notify the 22
[asset] DAM owner in writing to repair or remove the [water infrastructure asset] DAM, as 23
the situation warrants. 24
(3) The repair or removal work shall be completed within a reasonable 25
time, which time shall be prescribed in the Department’s notice. 26
(4) (i) This paragraph applies to a [water infrastructure asset] DAM 27
that the Department determines meets the criteria specified in paragraph (2) of this 28
subsection. 29
(ii) If the Department determines that changes to the [water 30
infrastructure asset] DAM, including removal of the [asset] DAM, are a priority for 31
improving fish passage or for other environmental benefits, the Department MAY: 32 HOUSE BILL 245 21
1. [May partner] PARTNER with the [asset] DAM owner and 1
an organization that provides resources and expertise to plan, design, or finance changes 2
to [water infrastructure assets] DAMS for the purpose of repairing, removing, or retrofitting 3
the [asset] DAM in a manner consistent with the Department’s objectives; or 4
2. [Shall prioritize] PRIORITIZE the use of environmental 5
outcomes, as defined in § 9–1601 of this article, arising from the repair, removal, or retrofit 6
of the [water infrastructure asset] DAM in any environmental mitigation program 7
identified by the Department. 8
(iii) For the purpose of seeking financial assistance under Title 5, 9
Subtitle 4 of the Economic Development Article, if the Department determines that the 10
[water infrastructure asset] DAM is not a priority under subparagraph (ii) of this 11
paragraph but is a priority for installation of less than 30 megawatts of small hydroelectric 12
power plant capacity, the Department shall provide notice to the Maryland Industrial 13
Development Financing Authority of: 14
1. Any [water infrastructure asset] DAM identified as a 15
priority for installation of less than 30 megawatts of small hydroelectric power plant 16
capacity under this paragraph; and 17
2. The repair, retrofit, or removal measures identified for the 18
[water infrastructure asset] DAM in the notice provided under paragraph (2) of this 19
subsection. 20
(c) If the work is not completed in the time prescribed in the notice: 21
(1) The Department may have the work completed at the expense of the 22
[asset] DAM owner; 23
(2) The Department shall charge the [asset] DAM owner for the costs to 24
complete the work; and 25
(3) If repayment is not made within 30 days after written demand, the 26
Department may bring an action in the proper court to recover the costs to complete the 27
work. 28
(d) (1) The Department may take emergency actions necessary to protect life, 29
property, or the environment if: 30
(i) 1. The Department determines that a [water infrastructure 31
asset] DAM is in imminent danger of failure; and 32
2. The [asset] DAM owner has been issued a notice by the 33
Department under subsection (b) of this section and has not completed the work in 34 22 HOUSE BILL 245
accordance with the time prescribed in the notice; or 1
(ii) The Department determines that: 2
1. A [water infrastructure asset] DAM is failing OR IN 3
IMMINENT DANGER OF F AILING; and 4
2. The [asset] DAM owner is not taking adequate actions to 5
protect life, property, or the environment. 6
(2) Emergency actions taken by the Department under this subsection may 7
include: 8
(i) Taking control of the [water infrastructure asset] DAM; 9
(ii) Lowering the level of water impounded by the [water 10
infrastructure asset] DAM by releasing the impounded water or by other means; 11
(iii) Completely releasing all water impounded by the [water 12
infrastructure asset] DAM; 13
(iv) Performing any necessary remedial or protective work at the site 14
of the [water infrastructure asset] DAM, including breaching the [water infrastructure 15
asset] DAM; and 16
(v) Taking any other steps the Department deems necessary to 17
safeguard life, property, or the environment. 18
(3) The Department or its agents may enter any property, without prior 19
notice to the owner of the property, if the entry is necessary to carry out emergency actions 20
under this subsection. 21
(4) If the Department takes control of a [water infrastructure asset] DAM 22
under paragraph (2)(i) of this subsection, the Department shall remain in charge and 23
control of the [water infrastructure asset] DAM until the Department has determined that 24
the [water infrastructure asset] DAM has been rendered safe or the circumstances 25
requiring the emergency actions have ceased. 26
(5) The Department may obtain equipment, personnel, and other resources 27
for emergency actions taken under this subsection through any appropriate means, 28
including emergency procurements under § 13–108 of the State Finance and Procurement 29
Article. 30
(e) (1) Costs incurred by the Department under this section shall: 31
(i) Constitute a debt owed to the State; and 32 HOUSE BILL 245 23
(ii) Be reimbursed to the Department by the [asset] DAM owner. 1
(2) If any such cost remains unreimbursed 30 days after the Department 2
makes a demand for reimbursement from the [asset] DAM owner, the [water infrastructure 3
asset] DAM shall be subject to the establishment of a lien in accordance with this section 4
for the payment of the unreimbursed amount. 5
(f) (1) With respect to costs incurred by the Department under this section 6
relating to a [water infrastructure asset] DAM for which an association is the [asset] DAM 7
owner, if any such cost remains unreimbursed 30 days after the Department makes a 8
demand for reimbursement from the association, such costs shall be a debt to the State 9
owed, and shall be reimbursed to the Department, by the association members, jointly and 10
severally, notwithstanding any provision of law that would otherwise relieve the 11
association members of such liability. 12
(2) If any such cost remains unreimbursed 30 days after the Department 13
makes a demand for reimbursement from the association members, the lots, condominium 14
units, or other property owned by the association members that is adjacent to or benefited 15
by the [water infrastructure asset] DAM shall be subject to the establishment of a lien in 16
accordance with this section for the payment of the unreimbursed amount. 17
(g) (1) Any lien arising under subsections (e) and (f) of this section shall, to the 18
extent not otherwise expressly prohibited by law, have priority over all other liens and 19
encumbrances perfected after July 1, 2020, on the [water infrastructure asset] DAM, or the 20
lots, condominium units, or other property owned by the association members that is 21
adjacent to or benefited by the [water infrastructure asset] DAM. 22
(2) The establishment and enforcement of liens arising under subsections 23
(e) and (f) of this section shall be governed by the rules set forth in Title 12, Chapter 300 of 24
the Maryland Rules. 25
(h) No action may be brought against the State, the Department, or their 26
respective agents or employees for the recovery of damages caused by the partial or total 27
failure of any [water infrastructure asset] DAM, or the control or operation of any [water 28
infrastructure asset] DAM, on the ground that the State, the Department, or their 29
respective agents or employees are liable by virtue of any of the following: 30
(1) The approval or permitting of the [water infrastructure asset] DAM; 31
(2) The issuance or enforcement of orders relative to maintenance or 32
operation of the [water infrastructure asset] DAM; 33
(3) Control or regulation of the [water infrastructure asset] DAM; 34
(4) Actions taken to protect against failure during an emergency, including 35 24 HOUSE BILL 245
any actions taken under this subsection; 1
(5) The use of design and construction criteria prepared, approved, or 2
promulgated by the Department; or 3
(6) The failure to issue or enforce orders, to control or regulate [water 4
infrastructure assets] DAMS, to take measures to protect against any failure thereof, or to 5
take any emergency actions contemplated by this subsection. 6
(i) Nothing in this section, and no act or omission of the Department under this 7
section, shall be construed to relieve [an asset] A DAM owner of: 8
(1) The legal duties, obligations, or liabilities incident to the ownership or 9
operation of a [water infrastructure asset] DAM; or 10
(2) Any liability for acts or omissions of the [asset] DAM owner that cause 11
injury or death to any person, damage to any property or the environment, or violation of 12
any law, regulation, or permit, even if acts or omissions of the Department under this 13
section could be deemed an intervening cause of such injury, death, damage, or violation. 14
(j) This section does not apply to farm ponds used for agricultural purposes. 15
5–509.1. 16
(A) IN THIS SECTION, “DAM OWNER ” HAS THE MEANING STAT ED IN § 5–509 17
OF THIS SUBTITLE. 18
(B) THIS SECTION DOES NOT APPLY TO A DAM OWNED BY THE FEDERAL 19
GOVERNMENT . 20
(C) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBT ITLE, ALL DAM OWNERS 21
SHALL REGISTER THEIR DAMS ANNUALLY WITH T HE DEPARTMENT . 22
(D) TO REGISTER WITH THE DEPARTMENT , A DAM OWNER SHALL: 23
(1) SUBMIT AN APPLICATION TO THE DEPARTMENT ON THE FOR M 24
PROVIDED BY THE DEPARTMENT ; AND 25
(2) PAY TO THE DEPARTMENT A REGISTRA TION FEE. 26
(E) THE DEPARTMENT SHALL : 27
(1) ESTABLISH THE REGISTR ATION FEE BY REGULAT ION; AND 28
(2) BASE THE REGISTRA TION FEE ON THE DAM HAZARD 29 HOUSE BILL 245 25
CLASSIFICATION . 1
(F) REGISTRATION FEES COL LECTED UNDER THIS SE CTION SHALL BE PAID 2
INTO THE PRIVATE DAM REPAIR FUND ESTABLISHED UNDE R § 5–509.2 OF THIS 3
SUBTITLE. 4
5–509.2. 5
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 6
INDICATED. 7
(2) “DAM OWNER” HAS THE MEANING STAT ED IN § 5–509 OF THIS 8
SUBTITLE. 9
(3) (I) “ELIGIBLE COST” MEANS ANY COST TO BE INCURRED BY A 10
DAM OWNER FOR THE RE PAIR, EMERGENCY REPAIR , OR PERMANENT BREACH OF A 11
DAM. 12
(II) “ELIGIBLE COST” INCLUDES CONSTRUCTION A CTIVITIES, 13
ENGINEERING FEES , DEMOLITION, EXCAVATION, STABILIZATION, AND RELATED 14
COSTS. 15
(4) “FUND” MEANS THE PRIVATE DAM REPAIR FUND. 16
(5) “LOAN” MEANS A PRIVATE DAM REPAIR LOAN MADE IN 17
ACCORDANCE WITH THIS SECTION. 18
(6) “PRIVATE DAM” MEANS A DAM THAT IS NOT OWNED BY THE 19
FEDERAL GOVERNMENT , THE STATE GOVERNMENT , OR A COUNTY OR MUNIC IPAL 20
GOVERNMENT . 21
(7) “UNSAFE CONDITION ” HAS THE MEANING STAT ED IN § 5–509 OF 22
THIS SUBTITLE. 23
(B) (1) THERE IS A PRIVATE DAM REPAIR FUND. 24
(2) THE PURPOSE OF THE FUND IS TO PROVIDE FI NANCIAL 25
ASSISTANCE FOR THE R EPAIR, UPGRADE, OR REMOVAL OF PRIVAT E DAMS IN 26
ACCORDANCE WITH THIS SUBTITLE. 27
(3) THE MARYLAND WATER INFRASTRUCTURE FINANCING 28
ADMINISTRATION WITHIN THE DEPARTMENT SHALL ADMI NISTER THE FUND. 29
26 HOUSE BILL 245
(C) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 1
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 2
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 3
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 4
(D) THE FUND CONSISTS OF: 5
(1) DAM SAFETY PERMIT FEE S COLLECTED BY THE DEPARTMENT 6
UNDER § 5–203.2 OF THIS TITLE; 7
(2) DAM OWNER REGISTRATIO N FEES COLLECTED BY THE 8
DEPARTMENT UNDER § 5–509.1 OF THIS SUBTITLE; 9
(3) PAYMENTS RECEIVED FRO M BORROWERS FOR DEPO SIT INTO THE 10
FUND IN REPAYMENT OF LOANS ISSUED UNDER S UBSECTION (H) OF THIS SECTION, 11
INCLUDING ANY LOAN O RIGINATION FEES ; 12
(4) PENALTIES DISTRIBUTED TO THE FUND UNDER § 5–514(C)(2) OF 13
THIS SUBTITLE; 14
(5) FUNDS APPROPRIATED IN THE STATE BUDGET TO THE FUND; 15
(6) INTEREST EARNINGS ; AND 16
(7) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 17
THE BENEFIT OF THE FUND. 18
(E) THE FUND MAY BE USED ONLY FOR: 19
(1) PROVIDING FINANCIAL A SSISTANCE TO PRIVATE DAM OWNERS 20
FOR DEPARTMENT –DIRECTED UPGRADES , REPAIRS, OR REMOVALS; 21
(2) MAKING LOANS IN ACCOR DANCE WITH THIS SECT ION; 22
(3) FUNDING EMERGENCY REP AIRS AND REMOVALS OF PRIVATE 23
DAMS PERFORMED BY TH E DEPARTMENT ; AND 24
(4) REIMBURSING THE ADMIN ISTRATIVE COST TO TH E DEPARTMENT 25
OF PROCESSING AND IS SUING DAM SAFETY PER MITS AND PERFORMING T HE DUTIES 26
UNDER § 5–509 OF THIS SUBTITLE. 27
(F) (1) THE STATE TREASURER SHALL INVES T MONEY OF THE FUND IN 28 HOUSE BILL 245 27
THE SAME MANNER AS O THER STATE MONEY MAY BE IN VESTED. 1
(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 2
THE FUND. 3
(G) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 4
WITH THE STATE BUDGET . 5
(H) (1) (I) BEGINNING JULY 1, 2027, THE DEPARTMENT MAY PROVID E 6
LOANS FROM THE FUND TO OWNERS OF PRI VATE DAMS FOR THE PU RPOSE OF 7
REPAIRING OR REMOVIN G PRIVATE DAMS DEEME D TO BE IN AN UNSAFE CONDITION 8
BY THE DEPARTMENT . 9
(II) LOANS MADE UNDER THIS SUBSECTION SHALL BE 10
ADMINISTERED BY THE MARYLAND WATER INFRASTRUCTURE FINANCING 11
ADMINISTRATION IN ACC ORDANCE WITH §§ 9–1604 AND 9–1606 OF THIS ARTICLE. 12
(2) (I) THE DEPARTME NT MAY ESTABLISH CRI TERIA FOR 13
AWARDING LOANS UNDER THE FUND. 14
(II) ELIGIBLE APPLICANTS M AY INCLUDE DAM OWNER S THAT: 15
1. HAVE AN APPROVED EMER GENCY ACTION PLAN IN 16
ACCORDANCE WITH § 5–503.1 OF THIS SUBTITLE; 17
2. HAVE HAD AN INSPECTIO N OF THE PRIVA TE DAM 18
PERFORMED BY THE DEPARTMENT THAT DOCUM ENTS DEFICIENCIES IN 19
ACCORDANCE WITH § 5–509 OF THIS SUBTITLE WIT HIN THE PAST 24 MONTHS; 20
3. CAN DEMONSTRATE , WITH DOCUMENTATION , 21
ACTIONS TAKEN TO ADD RESS DEFICIENCIES IN DICATED IN INSPECTIO N REPORTS 22
PREPARED BY THE DEPARTMENT ; AND 23
4. HAVE DEMONSTRATED AN ABILITY TO REPAY A L OAN. 24
(3) EACH LOAN MAY BE IN A N AMOUNT THAT COVERS THE 25
REASONABLE AND NECES SARY ELIGIBLE COSTS OF A PROJECT, AS DETERMINED BY 26
THE DEPARTMENT , FOR WHICH FUNDS ARE SOUGHT BY THE APP LICANT AND THAT 27
ARE NOT PROVIDED BY OTHER AVAILABLE SOUR CES. 28
(4) A DAM OWNER MAY USE MU LTIPLE PROGRAMS OR S OURCES TO 29
FUND THE REPAIR OR R EMOVAL COSTS FOR A D AM IN AN UNSAFE COND ITION UP TO 30
100% OF THE COSTS. 31 28 HOUSE BILL 245
(5) A DAM OWNER SEEKING A LOAN SHALL SUBMIT A COMPLETE LO AN 1
APPLICATION TO THE DEPARTMENT ON A FORM PROVIDED BY THE DEPARTMENT . 2
(6) THE REPAYMENT PERIOD FOR A LOAN MAY NOT E XCEED 20 3
YEARS. 4
(7) THE LOAN SHALL BE MAD E AT OR BELOW MARKET INTEREST 5
RATES. 6
(8) THE DEPARTMENT MAY CHARGE A LOAN ORIGINATION FEE THAT 7
MAY BE USED FOR THE REASONABLE COST OF A DMINISTERING THE LOA N PROGRAM. 8
(9) IF THE DEPARTMENT DETERMINES THAT A DAM OWNER DOE S 9
NOT HAVE THE FINANCI AL RESOURCES TO REPA Y A LOAN GRANTED UND ER THIS 10
SUBSECTION, THE DEPARTMENT MAY , AT THE DEPARTMENT ’S DISCRETION , 11
AUTHORIZE PARTIAL FO RGIVENESS OF THE LOA N. 12
(10) FULL REPAYMENT OF THE LOAN SHALL BE REQUIR ED ON SALE OR 13
TRANSFER OF THE PROP ERTY. 14
(11) (I) THE DEPARTMENT MAY ESTABL ISH REMEDIES FOR LOA N 15
RECIPIENTS WHO FAIL TO MEET REPAYM ENT OBLIGATIONS UNDE R THE LOAN 16
TERMS. 17
(II) IN ADDITION TO ANY OT HER ACTION AUTHORIZE D BY THIS 18
SUBTITLE, THE ATTORNEY GENERAL MAY BRING AN ACTION TO RECOVER 19
PRINCIPAL, INTEREST, LATE FEES AND PENALT IES, ATTORNEY’S FEES, AND COSTS 20
FROM ANY LOAN RECIPI ENT THAT DEFAULTS ON THE LOAN RECIPIENT ’S 21
OBLIGATIONS UNDER TH E LOAN AGREEMENT . 22
(III) 1. IN THE EVENT OF A DEF AULT ON A LOAN OBLIG ATION 23
ISSUED UNDER THIS SU BSECTION, THE DEPARTMENT MAY PLACE A LIEN AGAINST 24
THE PROPERTY THAT , SUBJECT TO THE TAX L IENS OF THE FEDERAL, STATE, AND 25
LOCAL GOVERNMENTS , SHALL HAVE THE SAME PRIORITY AND STATUS AS A LIEN OF 26
THE STATE FOR UNPAID TAXE S UNDER §§ 14–804 AND 14–805 OF THE TAX – 27
PROPERTY ARTICLE. 28
2. THE DEPARTMENT MAY EXERCI SE THE SAME RIGHTS 29
AND POWERS IN ENFORC ING THE LIEN AND COLLECTI NG FUNDS FOR THE PAY MENT 30
OF AMOUNTS IN DEFAUL T UNDER THE LOAN OBL IGATION AS THE STATE MAY 31
EXERCISE IN COLLECTI NG UNPAID TAXES UNDE R TITLE 14, SUBTITLE 8 OF THE 32
TAX – PROPERTY ARTICLE. 33 HOUSE BILL 245 29
(12) THE DEPARTMENT SHALL ADOP T REGULATIONS TO C ARRY OUT 1
THIS SUBSECTION . 2
(I) ON OR BEFORE NOVEMBER 1, 2025, AND EACH NOVEMBER 1 3
THEREAFTER , THE DEPARTMENT SHALL REPO RT TO THE GOVERNOR AND , SUBJECT 4
TO § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY ON: 5
(1) THE STATUS OF THE FUND; 6
(2) REVENUES, ENCUMBRANCES TO , AND EXPENDITURES FRO M THE 7
FUND; 8
(3) A DESCRIPTION OF THE P ROJECTS FUNDED BY TH E FUND; AND 9
(4) THE NUMBER OF APPLICA TIONS FOR FINANCIAL ASSISTANCE 10
FROM THE FUND THAT WERE DENIED . 11
5–514. 12
(a) (1) In addition to being subject to an injunctive action under this subtitle, 13
a person who violates any provision of this subtitle [relating to water appropriation and 14
use] or any [rule,] regulation, order, or permit adopted or issued under [any such provision] 15
THIS SUBTITLE is liable for a civil penalty not exceeding [$5,000] $10,000 per violation 16
to be collected in a civil action brought by the Department. 17
(2) Each day a violation occurs or continues is a separate violation under 18
this subsection. 19
(3) (i) Before bringing a civil action against a local government under 20
this subsection, the Department shall meet and consult with the local government to seek 21
an alternative resolution to the contested issue. 22
(ii) Prior consultation by the Department with the local government 23
shall constitute compliance with this subsection. 24
(b) A person who violates a provision of this subtitle or a regulation adopted under 25
this subtitle is subject to the penalties provided in § 9–343 of this article. 26
(c) (1) [All] EXCEPT AS PROVIDED IN P ARAGRAPH (2) OF THIS 27
SUBSECTION, ALL funds collected by the Department under this section, including any 28
civil penalty or any fine imposed by a court under the provisions of this section, shall be 29
paid into the Maryland Clean Water Fund. 30
(2) FUNDS COLLECTED BY TH E DEPARTMENT UNDER THIS SECTION 31 30 HOUSE BILL 245
RELATING TO AN UNSAF E CONDITION , AS DEFINED UNDER § 5–509 OF THIS 1
SUBTITLE, SHALL BE PAID INTO T HE PRIVATE DAM REPAIR FUND. 2
6–843. 3
(a) (1) Except as provided in this subsection and subsection (b) of this section, 4
and in cooperation with the Department of Housing and Community Development, the 5
State Department of Assessments and Taxation, and other appropriate governmental 6
units, the Department shall provide for the collection of [an annual] A fee for every rental 7
dwelling unit in the State. 8
(2) [The annual fee for an affected property is $30] FOR AN AFFECTED 9
PROPERTY, THE FEE: 10
(I) IS $120; AND 11
(II) SHALL BE COLLECTED BY THE DEPARTMENT ONCE EVERY 12
2 YEARS. 13
(3) (i) 1. Subject to the provisions of subparagraphs (ii) and (iii) of 14
this paragraph, on or before December 31, 2000, the [annual] fee for a rental dwelling unit 15
built after 1949 that is not an affected property is $5. 16
2. After December 31, 2000, there is no [annual] fee for a 17
rental dwelling unit built after 1949 that is not an affected property. 18
(ii) The owner of a rental dwelling unit built after 1949 that is not 19
an affected property may not be required to pay the fee provided under this paragraph if 20
the owner certifies to the Department that the rental dwelling unit is lead free pursuant to 21
§ 6–804 of this subtitle. 22
(iii) An owner of a rental dwelling unit who submits a report to the 23
Department that the rental dwelling unit is lead free pursuant to § 6–804 of this subtitle 24
shall include a [$10] $50 processing fee with the report. 25
(b) The fees imposed under this section do not apply to any rental dwelling unit: 26
(1) Built after 1978; or 27
(2) Owned and operated by a unit of federal, State, or local government, or 28
any public, quasi–public, or municipal corporation. 29
(c) (1) The fee imposed under this section shall be paid on or before December 30
31, 1995, or the date of registration of the affected property under Part III of this subtitle 31
and on or before December 31 [of each] EVERY OTHER year thereafter or according to a 32
schedule established by the Department by regulation. 33 HOUSE BILL 245 31
(2) THE DEPARTMENT MAY ESTABL ISH A PROTOCOL TO ST AGGER 1
REGISTRATIONS OF AFF ECTED PROPERTY UNDER PART III OF THIS SUBTITLE TO 2
EQUALLY DIVIDE REGIS TRATIONS OVER SEQUEN TIAL CALENDAR YEARS . 3
(d) An owner who fails to pay the fee imposed under this section is liable for a 4
civil penalty of up to triple the amount of each registration fee unpaid that, together with 5
all costs of collection, including reasonable attorney’s fees, shall be collected in a civil action 6
in any court of competent jurisdiction. 7
7–503. 8
(a) There is a Voluntary Cleanup Program in the Department. 9
(b) The purpose of the Voluntary Cleanup Program is to: 10
(1) Encourage the investigation of eligible properties with known or 11
perceived contamination; 12
(2) Protect public health and the environment where cleanup projects are 13
being performed or need to be performed; 14
(3) Accelerate cleanup of eligible properties; and 15
(4) Provide predictability and finality to the cleanup of eligible properties. 16
7–506. 17
(a) (1) To participate in the Program, an applicant shall: 18
(i) Submit an application, on a form provided by the Department, 19
that includes: 20
1. Information demonstrating to the satisfaction of the 21
Department that the contamination did not result from the applicant knowingly or willfully 22
violating any law or regulation concerning controlled hazardous substances; 23
2. Information demonstrating the person’s status as a 24
responsible person or an inculpable person; 25
3. Information demonstrating that the property is an eligible 26
property as defined in § 7–501 of this subtitle; 27
4. A detailed report with all available relevant information 28
on environmental conditions including contamination at the eligible property known to the 29
applicant at the time of the application; 30
32 HOUSE BILL 245
5. An environmental site assessment that includes: 1
A. Established Phase I site assessment standards and follows 2
principles established by the American Society for Testing and Materials and that 3
demonstrates to the satisfaction of the Department that the assessment has been conducted 4
in accordance with those standards and principles; and 5
B. A Phase II site assessment unless the Department 6
concludes, after review of the Phase I site assessment, that there is sufficient information 7
to determine that there are no recognized environmental conditions, as defined by the 8
American Society for Testing and Materials; and 9
6. A description, in summary form, of a proposed voluntary 10
cleanup project that includes the proposed cleanup criteria under § 7–508 of this subtitle 11
and the proposed future use of the property, if appropriate; and 12
(ii) Subject to paragraph (2) of this subsection, pay to the 13
Department: 14
1. An initial application fee of [$6,000] $10,000 which the 15
Department may reduce on a demonstration of financial hardship in accordance with 16
subsection (b) of this section; 17
2. An application fee of $2,000 for each application submitted 18
subsequent to the initial application for the same property; [and] 19
3. An application fee of $2,000 for each application submitted 20
subsequent to the initial application for contiguous or adjacent properties that are part of 21
the same planned unit development or a similar development plan; AND 22
4. IF THE DIRECT COSTS O F REVIEW OF THE 23
APPLICATION AND ADMI NISTRATION AND OVERS IGHT OF THE RESPONSE ACTION 24
PLAN EXCEED THE APPL ICATION FEE, THE ADDITIONAL COSTS INCURRED BY THE 25
DEPARTMENT . 26
(2) If an applicant certifies that the applicant intends to use the eligible 27
property to generate clean or renewable energy, the Department shall waive the fees 28
required under paragraph (1)(ii) of this subsection. 29
(b) The Department shall adopt regulations to establish criteria for determining 30
whether an applicant has: 31
(1) Demonstrated financial hardship; or 32
(2) Certified that the applicant intends to use the eligible property to 33
generate clean or renewable energy. 34 HOUSE BILL 245 33
9–283. 1
(a) Except as provided in subsection (c) of this section, by regulation, the 2
Department shall establish and collect a fee to be paid by a generator of coal combustion 3
by–products, based on a per ton rate of coal combustion by–products generated by the 4
generator annually. 5
(b) The Department shall base the fees on the following factors: 6
(1) The total annual tonnage of coal combustion by–products that the 7
generator generates; 8
(2) The type and volume of coal combustion by–products generated by the 9
generator; 10
(3) Whether the generator uses or disposes of the coal combustion 11
by–products; 12
(4) To the extent that the coal combustion by–products are used rather 13
than disposed of, the types of the uses; 14
(5) Whether the coal combustion by–products are transported for use or 15
disposal out–of–state; [and] 16
(6) THE VOLUME OF COAL CO MBUSTION BY –PRODUCTS THAT HAVE 17
BEEN DISPOSED OF AN D REMAIN IN LANDFILLS OR OTHER STORAGE UNI TS IN THE 18
STATE THAT ARE SUBJECT TO INSPECTION AND MONIT ORING, NOT INCLUDING COAL 19
COMBUSTION BY –PRODUCTS THAT HAVE BEEN : 20
(I) ADDED TO CEMENT PRODU CTS; 21
(II) USED IN COAL MINE REC LAMATION; OR 22
(III) BENEFICIALLY REUSED I N A MANNER ACCEPTABL E TO THE 23
DEPARTMENT ; AND 24
(7) Other factors the Department considers appropriate. 25
(c) The Department may not establish or impose a fee on coal combustion 26
by–products that are: 27
(1) Beneficially used, as the Department determines; or 28
(2) Used for coal mine reclamation in accordance with regulations the 29
Department adopts or with regulations of the receiving state. 30 34 HOUSE BILL 245
(d) Fees imposed on coal combustion by–products that are transported for use or 1
disposal out–of–state may not exceed 50% of the fees established for disposal in–State. 2
(e) The fees collected by the Department under this section shall be deposited into 3
the Fund and used in accordance with § 9–284 of this subtitle. 4
(f) The fees imposed shall be set at the rate necessary to implement the purposes 5
set forth in § 9–284 of this subtitle. 6
(g) In any fiscal year, if the fee schedule established by the Department generates 7
revenue that exceeds the amount necessary to operate a regulatory program to control the 8
management of coal combustion by–products, the Department shall reduce the fees in the 9
following fiscal year. 10
9–320. 11
(b) The following payments shall be made into the Maryland Clean Water Fund: 12
(1) All application fees, permit fees, renewal fees, and funds collected by 13
the Department under this subtitle, including any civil or administrative penalty or any 14
fine imposed by a court under the provisions of this subtitle; 15
(2) Any civil penalty or any fine imposed by a court under the provisions of 16
Title 5, Subtitle 5 of this article relating to water appropriation and use; 17
(3) Any civil or administrative penalty or any fine imposed by a court under 18
the provisions of Title 4, Subtitle 1 of this article; 19
(4) Any fees or funds that the Department collects under Subtitle 2, Part 20
III of this title and §§ 9–269 and 9–270 of this title and any civil or administrative penalty 21
or fine imposed by a court under the provisions of Subtitle 2 of this title; [and] 22
(5) Any fees or funds that the Department collects under Subtitle 24 of this 23
title and any civil or administrative penalty or fine imposed by a court under the provisions 24
of Subtitle 24 of this title; AND 25
(6) ANY OTHER FEES LEGALL Y AUTHORIZED TO BE P AID INTO THE 26
MARYLAND CLEAN WATER FUND. 27
9–1606. 28
(a) (1) A loan made by the Administration shall be evidenced by a loan 29
agreement. 30
(2) Loans made from the Water Quality Fund, except for loans made in 31 HOUSE BILL 245 35
accordance with § 9–1605(d)(9) of this subtitle, shall be subject to the provisions of § 1
9–1605(d)(1) of this subtitle. 2
(3) Loans made from the Drinking Water Loan Fund, except for loans made 3
in accordance with § 9–1605.1(d)(10) of this subtitle, shall be subject to the provisions of § 4
9–1605.1(d)(1) of this subtitle. 5
(4) LOANS MADE FROM THE PRIVATE DAM REPAIR FUND SHALL BE 6
SUBJECT TO THE PROVI SIONS OF § 5–509.2 OF THIS ARTICLE. 7
(5) Subject to the provisions of any applicable bond resolution, the 8
Administration may consent to the modification, with respect to rate of interest, time of 9
payment of any installment of principal or interest, security, or any other term of any loan 10
agreement or loan obligation. 11
(6) In connection with any security received by or owned by the 12
Administration, including any loan obligations, the Administration may commence any 13
action to protect or enforce the rights conferred upon it by any law or loan agreement or 14
loan obligation. 15
(b) Notwithstanding any other provision of public general or public local law, 16
charter, or ordinance, a borrower may issue and sell loan obligations to the Administration: 17
(1) At private sale, without public bidding; 18
(2) Without regard to any limitations on the denomination of such 19
obligations; and 20
(3) At any interest rate or cost or at any price that the borrower considers 21
necessary or desirable. 22
(c) A borrower may pay any fees or charges necessary to enable the 23
Administration to sell its bonds, including any fees for the insurance of its loan obligations 24
or bonds of the Administration, or to provide any other guarantee, credit enhancement, or 25
additional security for any such loan obligations or bonds. 26
(d) (1) Notwithstanding any other provision of public general or public local 27
law, charter, or ordinance, a borrower may agree with the Administration to pledge any 28
[moneys] MONEY that the borrower is entitled to receive from the State, including the 29
borrower’s share of the State income tax, to secure its obligations under a loan agreement. 30
(2) The State Comptroller and the State Treasurer shall cause any 31
[moneys] MONEY withheld under such a pledge to be paid to, or applied at the direction of, 32
the Administration. 33
(e) Each loan agreement shall contain a provision whereby the borrower 34 36 HOUSE BILL 245
acknowledges and agrees that [the]: 1
(1) THE borrower’s loan obligation is cancelable only upon repayment in 2
full; and [that neither] 3
(2) NEITHER the Administration, the Secretary, nor the Board is 4
authorized to forgive the repayment of all or any portion of the loan, except for [loans]: 5
(I) LOANS to disadvantaged communities, pursuant to the federal 6
Safe Drinking Water Act[, and loans]; 7
(II) LOANS made in accordance with §§ 9–1605(d)(9) and 8
9–1605.1(d)(10) of this subtitle; AND 9
(III) LOANS MADE IN ACCORDA NCE WITH § 5–509.2(H) OF THIS 10
ARTICLE. 11
(f) (1) In the event of a default on a loan obligation by a borrower other than 12
a local government, the Administration may place a lien against property of the borrower 13
securing the loan which, subject to the tax liens of the federal, State, and local governments, 14
shall have the same priority and status as a lien of the State for unpaid taxes under §§ 15
14–804 and 14–805 of the Tax – Property Article. 16
(2) The Administration may exercise the same rights and powers in 17
enforcing such lien and collecting funds for the payment of amounts in default under the 18
loan obligation as the State may exercise in collecting unpaid taxes under Title 14, Subtitle 19
8 of the Tax – Property Article. 20
15–807. 21
(a) Except as otherwise provided in this subtitle, a person may not engage in 22
surface mining within the State without first obtaining a surface mining license. 23
(b) (1) An application for a license shall be in writing and on a form prepared 24
and furnished by the Department. 25
(2) If the application is made by a corporation, partnership, or association 26
[it] THE APPLICATION shall contain information concerning its officers, directors, and 27
principal owners, as the Department reasonably requires. 28
(c) (1) The application shall be accompanied by a [$300] $500 fee. 29
(2) (I) The license shall be renewable annually[, and the]. 30
(II) THE renewal fee is [$150] $300. 31 HOUSE BILL 245 37
(III) The application for renewal shall be made annually by January 1
1. 2
(d) The Department may not issue any new surface mining license or renew any 3
existing surface mining license to any person if it finds, after investigation, that the 4
applicant has failed and continues to fail to comply with any of the provisions of this 5
subtitle. 6
(e) A license under this section is not required for the following activities: 7
(1) Those aspects of deep mining that do not have a significant effect on the 8
surface, if the affected land does not exceed 3 acres in area; 9
(2) Operations engaged in processing minerals; 10
(3) Excavation or grading conducted solely in aid of on–site farming or 11
on–site construction for purposes other than surface mining; 12
(4) Removal of overburden and mining of limited amounts of any mineral 13
when done only for the purpose of prospecting and to the extent necessary to determine the 14
location, quantity, or quality of any natural deposit, if no minerals are sold, processed for 15
sale, or consumed in the regular operation of business; 16
(5) The handling, processing, or storage of slag and stone on the premises 17
of a manufacturer as a part of any manufacturing process that requires stone as a raw 18
material or produces slag as a by–product; 19
(6) The extraction of minerals by a landowner for the landowner’s own 20
noncommercial use from land owned or leased by the landowner; 21
(7) Mining operations if the affected land does not exceed 1 acre in area; 22
(8) Dredging from submerged public or private lands in the State if this 23
activity is conducted under a license from the State Board of Public Works or by permit 24
from the Department, as provided for in Title 16 of this article; or 25
(9) The extraction of sand, gravel, rock, stone, earth, or fill from borrow pits 26
for highway construction purposes or other public facilities, if the work is performed under 27
a bond, a contract, and the specifications of the Department that require reclamation of the 28
area affected in the manner provided by this subtitle. 29
(f) (1) Any person who violates the provisions of this section is guilty of a 30
misdemeanor and, on conviction, is subject to a fine of not more than $10,000. 31
(2) The fine shall be paid to the Surface Mined Land Reclamation Fund. 32
38 HOUSE BILL 245
15–815. 1
(a) (1) Any permittee engaged in surface mining under a surface mining 2
permit may apply at any time for modification of the permit. 3
(2) The application shall be in writing on forms furnished by the 4
Department and fully state the information called for. 5
(3) [In addition, the] THE applicant may be required to furnish [other] 6
ADDITIONAL information THAT the Department reasonably deems necessary to enforce 7
this subtitle. 8
(4) [However, it is not necessary to resubmit information which has not 9
changed since the original application, if the applicant so states in writing] IF AN 10
APPLICANT STATES IN WRITING THAT INFORMA TION HAS NOT CHANGED SINCE THE 11
ORIGINAL APPLICATION , THE APPLICANT DOES N OT HAVE TO RESUBMIT THAT 12
INFORMATION . 13
(b) (1) A modification under this section may affect [the]: 14
(I) THE land area covered by the permit[, the]; 15
(II) THE approved mining and reclamation plan coupled with the 16
permit[, or other]; OR 17
(III) OTHER terms and conditions of the permit. 18
(2) (I) A permit may be modified to include land contiguous to the 19
existing affected land, but not other lands. 20
(II) The mining and reclamation plan may be modified in any 21
manner, if the Department determines that the modified plan fully meets the standards 22
set forth in § 15–822 of this subtitle and that the modifications would be generally 23
consistent with the bases for the issuance of the original permit. 24
(III) Other terms and conditions may be modified only if the 25
Department determines that the permit as modified would meet the requirements of §§ 26
15–808 and 15–810 of this subtitle. 27
(IV) [No] A modification may NOT extend the expiration date of any 28
permit issued under this subtitle. 29
(c) Except as otherwise provided in subsection (d) of this section, a [$100] $200 30
fee shall be charged for a permit modification. 31
HOUSE BILL 245 39
(d) [(1)] In addition to the fee required in subsection (c) of this section, a fee shall 1
be charged equal to [$12] $50 $75 for each additional acre of affected land over and above 2
the amount of land covered in the original permit, for each year of operation. 3
[(2) The additional fee may not exceed $1,000 per year: 4
(I) $10,000 IN FISCAL YEAR 2025; 5
(II) $10,500 IN FISCAL YEAR 2026; 6
(III) $11,000 IN FISCAL YEAR 2027; 7
(IV) $11,500 IN FISCAL YEAR 2028; AND 8
(V) $12,000 IN FISCAL YEAR 2029 AND EACH FISCAL YEAR 9
THEREAFTER .] 10
(e) The Department shall approve and grant the permit modification requested 11
as expeditiously as possible but not later than 30 days after the application forms or any 12
supplemental information required are filed with the Department. 13
(f) The Department may deny the permit modification on finding: 14
(1) An uncorrected violation of the type listed in § 15–810(b)(7) of this 15
subtitle; 16
(2) Failure to submit an adequate mining and reclamation plan in light of 17
conditions existing at the time of the modification; or 18
(3) Failure or refusal to pay the modification fee. 19
(g) If the Department denies an application to modify a permit, the Department 20
shall give the permittee written notice of: 21
(1) The Department’s determination; 22
(2) Any changes in the application which would make it acceptable; and 23
(3) The permittee’s right to a hearing at a stated time and place. 24
(h) The date for the hearing may not be less than 15 days nor more than 30 days 25
after the date of the notice unless the Department and the permittee mutually agree on 26
another date. 27
15–816. 28
40 HOUSE BILL 245
(a) (1) The procedure to be followed and standards to be applied in renewing a 1
permit shall be the same as those for the initial application for a permit[, except that it is 2
not necessary to resubmit information which has not changed since the time of the original 3
application, if the applicant so states in writing]. 4
(2) IF AN APPLICANT STATE S IN WRITING THAT IN FORMATION HAS 5
NOT CHANGED SINCE TH E ORIGINAL APPLICATI ON, THE APPLICANT DOES NOT HAVE 6
TO RESUBMIT THAT INF ORMATION. 7
(3) [However, the applicant may be required] THE DEPARTMENT MAY 8
REQUIRE AN APPLICANT to furnish other information the Department deems necessary 9
to evaluate the renewal request. 10
(4) In the absence of any changes in legal requirements for the issuance of 11
a permit since the date on which the original permit was issued, the only basis for the denial 12
of a renewal permit shall be: 13
[(1)] (I) An uncorrected violation of the type listed in § 15–810(b)(7) of 14
this subtitle; 15
[(2)] (II) Failure to submit an adequate mining and reclamation plan in 16
light of conditions existing at the time of renewal; or 17
[(3)] (III) Failure or refusal to pay the renewal fee. 18
(b) Application for a renewal of a permit cannot be made any earlier than 1 year 19
prior to the expiration date of the original permit. 20
(c) Except as otherwise provided in subsection (d) of this section, the fee to be 21
charged for a permit renewal shall be [$12] $50 for each acre of affected land for each year 22
of operation[, but not exceeding $1,000 per year]: 23
(1) FOR AN OPERATOR WITH 5 ACRES OR LESS OF AFF ECTED LAND, 24
$120 FOR EACH YEAR OF OPE RATION; OR 25
(2) FOR AN OPERATOR WITH MOR E THAN 5 ACRES OF AFFECTED 26
LAND, $75 FOR EACH ACRE OF AFF ECTED LAND FOR EACH YEAR OF OPERATION BU T 27
NOT EXCEEDING : 28
(I) $10,000 IN FISCAL YEAR 2025; 29
(II) $10,500 IN FISCAL YEAR 2026; 30
(III) $11,000 IN FISCAL YEAR 2027; 31 HOUSE BILL 245 41
(IV) $11,500 IN FISCAL YEAR 2028; AND 1
(V) $12,000 IN FISCAL YEAR 2029 AND EACH FISCAL YEAR 2
THEREAFTER . 3
(d) The fee shall be paid annually during the term of the permit. 4
(e) (1) If the term of a permit which is renewed exceeds 5 years, the permittee 5
shall pay additional fees, based on the formula in subsection (c) of this section, for each 6
5–year portion of the term of the renewed permit. 7
(2) These additional fees shall be paid to the Department within 1 year 8
before the completion of any 5–year portion of the term of the permit. 9
(f) If the Department denies an application to renew a permit, the Department 10
shall give the permittee written notice of: 11
(1) The Department’s determination; 12
(2) Any changes in the application that would make it acceptable; and 13
(3) The permittee’s right to a hearing at a stated time and place. 14
(g) The date for the hearing may not be less than 15 days nor more than 30 days 15
after the date of the notice unless the Department and the permittee mutually agree on 16
another date. 17
Article – State Finance and Procurement 18
6–226. 19
(a) (2) (i) Notwithstanding any other provision of law, and unless 20
inconsistent with a federal law, grant agreement, or other federal requirement or with the 21
terms of a gift or settlement agreement, net interest on all State money allocated by the 22
State Treasurer under this section to special funds or accounts, and otherwise entitled to 23
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 24
Fund of the State. 25
(ii) The provisions of subparagraph (i) of this paragraph do not apply 26
to the following funds: 27
189. the Teacher Retention and Development Fund; [and] 28
190. the Protecting Against Hate Crimes Grant Fund; AND 29
42 HOUSE BILL 245
191. THE PRIVATE DAM REPAIR FUND. 1
SECTION 3. AND BE IT FURTHER ENACTED, That Section(s) 4 –411(e) through 2
(g) of Article – Environment of the Annotated Code of Maryland be renumbered to be 3
Section(s) 4–411(d) through (f), respectively. 4
SECTION 4. AND BE IT FURTHER ENACTED, That this Act may not be construed 5
to expand the definition or scope of what is considered a dam under State law and 6
regulation. 7
SECTION 4. 5. AND BE IT FURTHER ENACTED, That Sections 2 and, 3, and 4 of 8
this Act shall take effect July 1, 2024. 9
SECTION 5. 6. AND BE IT FURTHER ENACTED, That, except as provided in 10
Section 4 5 of this Act, this Act shall take effect June 1, 2024. 11
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.