MD
Maryland Senate Bill SB1122

Maryland 2024 Regular Session

Maryland Senate Bill SB1122 Compare Versions

Only one version of the bill is available at this time.
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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 *sb1122*
66
77 SENATE BILL 1122
88 M3 4lr3386
99 CF HB 1193
1010 By: Senator Jackson
1111 Introduced and read first time: February 9, 2024
1212 Assigned to: Rules
1313
1414 A BILL ENTITLED
1515
1616 AN ACT concerning 1
1717
1818 Environment – Coal Combustion By–Products 2
1919
2020 FOR the purpose of requiring the owner or operator of a certain coal combustion 3
2121 by–products unit to submit to the Department of the Environment and the Power 4
2222 Plant Research Program in the Department of Natural Resources certain reports and 5
2323 plans on or before certain dates; requiring the owner or operator of a coal combustion 6
2424 by–products unit to conduct a certain drinking water survey in a certain manner on 7
2525 or before a certain date; requiring the Department of the Environment to make a 8
2626 certain determination within a certain time frame regarding the water supply wells 9
2727 that an owner or operator of a certain coal combustion by–products unit is required 10
2828 to conduct certain sampling in a certain manner; requiring the owner or operator of 11
2929 certain coal combustion by–products units to initiate certain sampling and water 12
3030 quality analyses within a certain time frame; requiring the owner or operator of a 13
3131 certain coal combustion by–products unit to establish permanent replacement water 14
3232 supplies for certain residences under certain circumstances; requiring the owner or 15
3333 operator of certain coal combustion by–products units to close the unit in a certain 16
3434 manner on or before certain dates under certain circumstances, subject to a certain 17
3535 exception; establishing a coal combustion by–products community advisory council 18
3636 to advise the Department of the Environment and the Power Plant Research 19
3737 Program on certain matters; and generally relating to coal combustion by–products. 20
3838
3939 BY repealing and reenacting, without amendments, 21
4040 Article – Environment 22
4141 Section 9–281(a) and (b) 23
4242 Annotated Code of Maryland 24
4343 (2014 Replacement Volume and 2023 Supplement) 25
4444
4545 BY adding to 26
4646 Article – Environment 27
4747 Section 9–293 through 9–293.11 to be under the new part “Part IX. Coal Combustion 28
4848 By–Products – Miscellaneous Requirements” 29 2 SENATE BILL 1122
4949
5050
5151 Annotated Code of Maryland 1
5252 (2014 Replacement Volume and 2023 Supplement) 2
5353
5454 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3
5555 That the Laws of Maryland read as follows: 4
5656
5757 Article – Environment 5
5858
5959 9–281. 6
6060
6161 (a) In this part the following words have the meanings indicated. 7
6262
6363 (b) (1) “Coal combustion by–products” means the residue generated by, or 8
6464 resulting from, the burning of coal. 9
6565
6666 (2) “Coal combustion by–products” includes fly ash, bottom ash, boiler slag, 10
6767 pozzolan, and other solid residuals removed by air pollution control devices from the flue 11
6868 gas and combustion chambers of coal–burning furnaces and boilers, including flue gas 12
6969 desulfurization sludge and other solid residuals recovered from flue gas by wet or dry 13
7070 methods. 14
7171
7272 9–291. RESERVED. 15
7373
7474 9–292. RESERVED. 16
7575
7676 PART IX. COAL COMBUSTION BY–PRODUCTS – MISCELLANEOUS REQUIREMENTS . 17
7777
7878 9–293. 18
7979
8080 EXCEPT AS EXPRESSLY P ROVIDED OTHERWISE , THIS PART SHALL BE 19
8181 INTERPRETED IN A MAN NER CONSISTENT WITH 40 C.F.R. PART 257. 20
8282
8383 9–293.1. 21
8484
8585 (A) IN THIS PART THE FOLL OWING WORDS HAVE THE MEANINGS 22
8686 INDICATED. 23
8787
8888 (B) “BENEFICIAL USE ” MEANS THE USE OF COA L COMBUSTION 24
8989 BY–PRODUCTS IN A PRODUC T THAT: 25
9090
9191 (1) PROVIDES A FUNCTIONAL BENEFIT; 26
9292
9393 (2) REPLACES A PRODUCT AVAILABLE ON THE MARKET THAT I S MADE 27
9494 FROM VIRGIN MATERIAL S; AND 28
9595 SENATE BILL 1122 3
9696
9797
9898 (3) MEETS ALL APPLICABLE STANDARDS. 1
9999
100100 (C) “COAL COMBUSTION BY –PRODUCTS” HAS THE MEANING STAT ED IN § 2
101101 9–281 OF THIS SUBTITLE . 3
102102
103103 (D) (1) “COAL COMBUSTION BY –PRODUCTS UNIT ” MEANS ANY LANDFILL 4
104104 OR SURFACE IMPOUNDME NT IN WHICH COAL COM BUSTION BY–PRODUCTS HAVE 5
105105 BEEN STORED . 6
106106
107107 (2) “COAL COMBUSTION BY –PRODUCTS UNIT ” INCLUDES ANY COAL 7
108108 COMBUSTION BY –PRODUCTS BELOW THE U NIT BOUNDARY . 8
109109
110110 (E) “COUNCIL” MEANS THE COAL COMBUSTION BY–PRODUCTS 9
111111 COMMUNITY ADVISORY COUNCIL. 10
112112
113113 (F) (1) “ENCAPSULATED BENEFICI AL USE” MEANS A BENEFICIAL U SE 11
114114 THAT BINDS COAL COMB USTION BY–PRODUCTS INTO A SOLI D MATRIX AND 12
115115 MINIMIZES THE RELEAS E OF THE BY–PRODUCTS INTO THE EN VIRONMENT . 13
116116
117117 (2) “ENCAPSULATED BENEFICI AL USE” INCLUDES THE USE OF CO AL 14
118118 COMBUSTION BY –PRODUCTS: 15
119119
120120 (I) AS FILLER OR LIGHTWEI GHT AGGREGATE IN CON CRETE; 16
121121
122122 (II) AS A RAW MATERIAL IN THE PRODUCTION OF , OR AS A 17
123123 REPLACEMENT OF , CEMENT COMPONENTS IN CONCRETE OR BRICKS ; 18
124124
125125 (III) AS FILLER IN PLASTICS , RUBBER, AND OTHER PRODUCTS ; 19
126126 AND 20
127127
128128 (IV) IN WALLBOARD PRODUCTI ON. 21
129129
130130 (G) “POWER PLANT RESEARCH PROGRAM” MEANS THE POWER PLANT 22
131131 RESEARCH PROGRAM IN THE DEPARTMENT OF NATURAL RESOURCES. 23
132132
133133 9–293.2. 24
134134
135135 (A) (1) ON OR BEFORE SEPTEMBER 30, 2025, THE OWNER OR OPERATO R 25
136136 OF A COAL COMBUSTION BY –PRODUCTS UNIT SHALL SUBMIT TO THE DEPARTMENT 26
137137 AND THE POWER PLANT RESEARCH PROGRAM A REPORT OF A NY KNOWN OR 27
138138 SUSPECTED DISCHARGES OF COAL COMBUSTION B Y–PRODUCTS TO SURFACE 28
139139 WATERS FROM THE UNIT , INCLUDING: 29
140140 4 SENATE BILL 1122
141141
142142
143143 (I) SEEPS; 1
144144
145145 (II) DIRECT DISCHARGES; 2
146146
147147 (III) INDIRECT DISCHARGES ; AND 3
148148
149149 (IV) TOE DRAINS. 4
150150
151151 (2) THE REPORT REQUIRED U NDER PARAGRAPH (1) OF THIS 5
152152 SUBSECTION SHALL INC LUDE: 6
153153
154154 (I) THE EXACT GEOLOCATION OF EACH KNOWN OR SUS PECTED 7
155155 DISCHARGE; 8
156156
157157 (II) ANY WATER QUALITY DAT A RELATING TO THE DISCHARGES ; 9
158158 AND 10
159159
160160 (III) ANY REPORTS SUBMITTED TO STATE OR FEDERAL 11
161161 DEPARTMENTS OR AGENC IES REGARDING THE DI SCHARGES. 12
162162
163163 (B) (1) ON OR BEFORE SEPTEMBER 30, 2025, THE OWNER OR OPERATO R 13
164164 OF A COAL COMBUSTION BY–PRODUCTS UNIT SHALL SUBMIT TO THE DEPARTME NT 14
165165 AND THE POWER PLANT RESEARCH PROGRAM A REPORT DETA ILING THE 15
166166 LOCATION AND CONTENT S OF ANY DISPOSAL SI TES, INCLUDING: 16
167167
168168 (I) MONOFILL AND MIXED FI LL AREAS; 17
169169
170170 (II) THE LOCATION OF NATUR AL AND SYNTHETIC LIN ERS; 18
171171
172172 (III) NONASH WASTE ; AND 19
173173
174174 (IV) ANY OTHER INFORMATION THAT THE DEPARTMENT 20
175175 DETERMINES WILL AID IN THE DECONSTRUCTIO N OF THE UNIT BY REC YCLING 21
176176 ENTITIES. 22
177177
178178 (2) THE REPORT REQUIRED U NDER PARAGRAPH (1) OF THIS 23
179179 SUBSECTION SHALL INC LUDE: 24
180180
181181 (I) A LATITUDE AND LONGITU DE IDENTIFICATION OF ALL 25
182182 DISPOSAL SITES IDENTIFIED; OR 26
183183
184184 (II) A MAP CONTAINING SPECI FIC GEOSPATIAL 27
185185 IDENTIFICATION OF AL L DISPOSAL SITES IDE NTIFIED. 28 SENATE BILL 1122 5
186186
187187
188188
189189 (C) (1) ON OR BEFORE SEPTEMBER 30, 2025, THE OWNER OR OPERATO R 1
190190 OF A COAL COMBUSTION BY–PRODUCTS UNIT SHALL SUBMIT A REPORT TO T HE 2
191191 DEPARTMENT AND THE POWER PLANT RESEARCH PROGRAM OF ALL 3
192192 GROUNDWATER MONITORI NG DATA COLLECTED ON OR ADJACENT TO THE U NIT. 4
193193
194194 (2) THE REPORT REQUIRED U NDER PARAGRAPH (1) OF THIS 5
195195 SUBSECTION SHALL : 6
196196
197197 (I) IDENTIFY ANY CURRENT OR PREVIOUS GROUNDWA TER 7
198198 MONITORING SITES AND ALL WATER QUALITY MONITORING D ATA COLLECTED FROM 8
199199 THOSE SITES; 9
200200
201201 (II) INCLUDE ANY GROUNDWAT ER MONITORING DATA T HAT 10
202202 DEMONSTRATES ANY KNO WN OR POTENTIAL VIOL ATIONS OF STATE OR FEDERAL 11
203203 WATER QUALITY STANDA RDS, INCLUDING DRINKING W ATER AND SOURCE WA TER 12
204204 QUALITY STANDARDS ; AND 13
205205
206206 (III) INCLUDE THE EXACT GEO LOCATION OF ANY GROU NDWATER 14
207207 MONITORING WELLS . 15
208208
209209 (3) IF NO GROUNDWATER MON ITORING DATA EXISTS , THE OWNER OR 16
210210 OPERATOR SHALL CONDU CT A REVIEW OF STATE AND FEDERAL WAT ER QUALITY 17
211211 STANDARDS AND PROVID E AN EXPLANATION OF WHY NO GROUNDWATER 18
212212 MONITORING DATA EXIS TS. 19
213213
214214 9–293.3. 20
215215
216216 (A) ON OR BEFORE SEPTEMBER 30, 2025, THE OWNER OR OPERATO R OF A 21
217217 COAL COMBUSTION BY –PRODUCTS UNIT SHALL CONDUCT A DRINKING W ATER 22
218218 SUPPLY SURVEY THAT : 23
219219
220220 (1) IDENTIFIES ALL DRINKI NG WATER SUPPLY WELLS WITHIN 24
221221 ONE–HALF MILE DOWN –GRADIENT FROM THE CO AL COMBUSTION BY –PRODUCTS 25
222222 UNIT; 26
223223
224224 (2) IDENTIFIES ANY SOURCE WATER PROTECTION ARE AS FOR 27
225225 DRINKING WATER SUPPL IES WITHIN ONE–HALF MILE DOWN –GRADIENT FROM THE 28
226226 COAL COMBUSTION BY –PRODUCTS UNIT ; AND 29
227227
228228 (3) INCLUDES ANY AVAILABL E INFORMATION ON THE LOCATION, 30
229229 CONSTRUCTION DETAILS , USES, AND OWNERSHIP OF THE DRINKING WATER SUPPL Y 31
230230 WELLS IDENTIFIED UND ER ITEM (1) OF THIS SUBSECTION . 32 6 SENATE BILL 1122
231231
232232
233233
234234 (B) ON OR BEFORE DECEMBER 31, 2025, THE OWNER OR OPERATO R SHALL 1
235235 SUBMIT A REPORT OF THE SURV EY REQUIRED UNDER SU BSECTION (A) OF THIS 2
236236 SECTION TO THE DEPARTMENT AND THE POWER PLANT RESEARCH PROGRAM. 3
237237
238238 (C) (1) WITHIN 6 MONTHS OF RECEIPT OF THE REPORT REQUIRED 4
239239 UNDER SUBSECTION (B) OF THIS SECTION, THE DEPARTMENT SHALL : 5
240240
241241 (I) MAKE A DETERMINATION ON WHICH DRINKING WATER 6
242242 SUPPLY WELLS THE OWN ER OR OPERATOR OF TH E COAL COMBUSTION 7
243243 BY–PRODUCTS UNIT IS REQ UIRED TO SAMPLE FROM , INCLUDING THE FREQUE NCY 8
244244 AND DURATION OF ANY SAMPLING; AND 9
245245
246246 (II) NOTIFY THE OWNER OR O PERATOR OF THE 10
247247 DETERMINATION MADE UNDER IT EM (I) OF THIS PARAGRAPH . 11
248248
249249 (2) IN MAKING THE DETERMI NATION REQUIRED UNDE R PARAGRAPH 12
250250 (1) OF THIS SUBSECTION , THE DEPARTMENT SHALL SELE CT DRINKING WATER 13
251251 SUPPLY WELLS WHERE D ATA REGARDING GROUND WATER QUALITY , FLOW, AND 14
252252 DEPTH PROVIDES A REASONABLE BASIS FOR THE PREDICTION THAT THE QUALITY 15
253253 OF WATER IN THE WELL MAY BE ADVERSELY AFF ECTED BY THE PRESENC E OF THE 16
254254 COAL COMBUSTION BY –PRODUCTS UNIT . 17
255255
256256 (3) (I) WITHIN 6 MONTHS AFTER RECEIPT OF NOTICE FROM THE 18
257257 DEPARTMENT , THE OWNER OR OPERATO R OF A COAL COMBUSTION BY –PRODUCTS 19
258258 UNIT SELECTED UNDER THIS SUBSECTION SHAL L INITIATE SAMPLING AND WATER 20
259259 QUALITY ANALYSES OF THE DRINKING WATER S UPPLY WELL , SUBJECT TO 21
260260 SUBPARAGRAPH (IV) OF THIS PARAGRAPH . 22
261261
262262 (II) THE OWNER OF THE PROP ERTY ON WHICH A DRIN KING 23
263263 WATER SUPPLY WELL SELEC TED UNDER THIS SUBSE CTION IS LOCATED MAY ELECT 24
264264 TO HAVE AN INDEPENDE NT THIRD PARTY SELEC TED FROM A LABORATOR Y 25
265265 CERTIFIED BY THE DEPARTMENT TO CARRY O UT ANY SAMPLING OR A NALYSIS 26
266266 REQUIRED UNDER THIS SUBSECTION. 27
267267
268268 (III) THE OWNER OR OPERAT OR OF A COAL COMBUST ION 28
269269 BY–PRODUCTS UNIT SHALL PAY FOR THE REASONAB LE COSTS OF ANY SAMP LING 29
270270 AND ANALYSIS REQUIRE D UNDER THIS SUBSECT ION. 30
271271
272272 (IV) PRIOR TO INITIATING S AMPLING AND WATER QU ALITY 31
273273 ANALYSIS UNDER THIS PARAGRAPH , THE OWNER OR OPERATO R OF A COAL 32
274274 COMBUSTION BY –PRODUCTS UNIT SHALL GET THE PERMISSION O F THE OWNER OR 33 SENATE BILL 1122 7
275275
276276
277277 OCCUPANT OF THE PROP ERTY ON WHICH THE DR INKING WATER SUPPLY WELL IS 1
278278 LOCATED. 2
279279
280280 (D) IF THE ANALYSIS REQUI RED UNDER SUBSECTION (C) OF THIS SECTION 3
281281 INDICATES THAT WATER FROM A DRINKING WATE R SUPPLY WELL EXCEED S 4
282282 GROUNDWATER QUALITY STANDARDS, THE OWNER OR OPERATO R OF THE COAL 5
283283 COMBUSTION BY –PRODUCTS UNIT SHALL REPLACE THE WELL WIT H: 6
284284
285285 (1) AN ALTERNATE SUPPLY O F POTABLE DRINKING W ATER WITHIN 24 7
286286 HOURS OF RECEIPT OF NOTICE FROM THE DEPARTMENT TH AT THE ALTERNATE 8
287287 WATER SUPPLY IS NECE SSARY; AND 9
288288
289289 (2) AN ALTERNATE SUPPLY O F WATER THAT IS SAFE FOR OTHER 10
290290 HOUSEHOLD USES WITHI N 30 DAYS OF RECEIPT OF N OTICE FROM THE DEPARTMENT 11
291291 THAT THE ALTERNATE W ATER SUPPLY IS NECES SARY. 12
292292
293293 9–293.4. 13
294294
295295 (A) ON OR BEFORE OCTOBER 15, 2025, THE OWNER OR OPERATO R OF A 14
296296 COAL COMBUSTION BY –PRODUCTS UNIT SHALL ESTABLISH PERMANENT 15
297297 REPLACEMENT WATER SU PPLIES FOR: 16
298298
299299 (1) EACH RESIDENCE WITHIN A HALF–MILE RADIUS OF THE U NIT 17
300300 THAT HAS A DRINKING WATER SUPPLY WELL , UNLESS THE DRINKING WATER SUPPLY 18
301301 WELL IS SEPARATED FR OM THE UNIT BY A RIV ER OR OTHER BODY OF WATER THAT 19
302302 WOULD PREVENT THE MI GRATION OF COAL COMB USTION BY–PRODUCTS THROUGH 20
303303 GROUNDWATER FROM THE UNIT TO THE WELL ; AND 21
304304
305305 (2) EACH RESIDENCE THAT H AS A DRINKING WATER SUPPLY WELL 22
306306 THAT IS LOCATED IN AN ARE A IN WHICH CONTAMINA TION RESULTING FROM THE 23
307307 PRESENCE OF COAL COM BUSTION BY–PRODUCTS IS EXPECTED TO OCCUR, BASED ON 24
308308 GROUNDWATER MODELING AND HYDROGEOLOGIC , GEOLOGIC, AND GEOTECHNICAL 25
309309 INVESTIGATIONS OF TH E AREA. 26
310310
311311 (B) (1) SUBJECT TO PARAG RAPH (2) OF THIS SUBSECTION , THE OWNER 27
312312 OR OPERATOR OF A COA L COMBUSTION BY –PRODUCTS UNIT SHALL PRIORITIZE THE 28
313313 CONNECTION OF HOUSEH OLDS TO PUBLIC WATER SUPPLIES IN ORDER TO MEET THE 29
314314 REQUIREMENTS OF SUBS ECTION (A) OF THIS SECTION. 30
315315
316316 (2) (I) A HOUSEHOLD MAY ELECT TO RECEIVE A F ILTRATION 31
317317 SYSTEM IN PLACE OF C ONNECTION TO A PUBLI C WATER SYSTEM . 32
318318 8 SENATE BILL 1122
319319
320320
321321 (II) IF THE DEPARTMENT DETERMINES THAT CONNECTION OF 1
322322 A PARTICULAR HOUSEHO LD TO A PUBLIC WATER SYSTEM WOULD BE 2
323323 COST–PROHIBITIVE, THE DEPARTMENT MAY AUTHOR IZE THE INSTALLATION OF A 3
324324 FILTRATION SYSTEM . 4
325325
326326 (III) THE OWNER OR OPERATOR OF THE COAL COMBUSTI ON 5
327327 BY–PRODUCTS UNIT SHALL BE RESPONSIBLE FOR M AINTENANCE OF ANY 6
328328 FILTRATION SYSTEM IN STALLED IN ACCORDANC E WITH THIS PARAGRAP H. 7
329329
330330 (C) (1) ON OR BEFORE DECEMBER 1, 2024, THE OWNER OR OPERATOR OF 8
331331 EACH COAL COMBUSTION BY–PRODUCTS UNIT SHALL SUBMIT A PLAN REGARD ING 9
332332 PROPOSED PERMANENT R EPLACEMENT OF WATER SUPPLIES REQUIRED UN DER 10
333333 SUBSECTION (A) OF THIS SECTION TO T HE DEPARTMENT , INCLUDING: 11
334334
335335 (I) THE TYPE OF PERMANENT REPLACEME NT WATER SUPPLY ; 12
336336
337337 (II) THE LOCATION OF THE P ERMANENT REPLACEMENT WATER 13
338338 SUPPLY; 14
339339
340340 (III) THE LOCATION OF THE H OUSEHOLD AND ITS PRO XIMITY TO 15
341341 THE NEAREST CONNECTI ON POINT TO A PUBLIC WATER SUPPLY ; AND 16
342342
343343 (IV) THE PROJECTED COSTS O F THE PERMANENT 17
344344 REPLACEM ENT WATER SUPPLY . 18
345345
346346 (2) WITHIN 60 DAYS AFTER RECEIVING A PLAN UNDER PARAGRA PH 19
347347 (1) OF THIS SUBSECTION , THE DEPARTMENT SHALL APPR OVE, APPROVE WITH 20
348348 AMENDMENTS , OR DENY THE PLAN . 21
349349
350350 (3) IF A PLAN SUBMITTED U NDER THIS SUBSECTION IS DENIED, THE 22
351351 OWNER OR OPERATO R OF THE COAL COMBUS TION BY–PRODUCTS UNIT SHALL 23
352352 RESUBMIT A MODIFIED PLAN WITHIN 30 DAYS. 24
353353
354354 (4) WITHIN 30 DAYS OF PLAN APPROVA L, THE OWNER OR OPERATO R 25
355355 OF A COAL COMBUSTION BY–PRODUCTS UNIT SHALL NOTIFY ALL HOUSEHOLD S 26
356356 IDENTIFIED IN THE OW NER OR OPERATOR ’S APPROVED PLAN OF THE HOUSEHOLD ’S 27
357357 ELIGIBILITY FOR A PE RMANENT REPLACEMENT WATER SUPPLY . 28
358358
359359 (5) UNTIL A HOUSEHOLD IDE NTIFIED IN A PLAN HA S BEEN PROVIDED 29
360360 WITH A PERMANENT REP LACEMENT WATER SUPPL Y, THE OWNER OR OPERATO R OF 30
361361 THE COAL COMBUSTION BY–PRODUCTS UNIT S HALL SUPPLY THE HOUS EHOLD WITH 31
362362 AN ALTERNATE SUPPLY OF POTABLE DRINKING WATER. 32
363363 SENATE BILL 1122 9
364364
365365
366366 (D) THIS SECTION MAY NOT BE CONSTRUED TO REQU IRE A HOUSEHOLD TO 1
367367 CONNECT TO A PUBLIC WATER SYSTEM OR RECE IVE A FILTRATION SYS TEM WITHOUT 2
368368 THE APPROVAL OF THE OWNER OR OCCUPANT OF THE HOUSEHOLD . 3
369369
370370 9–293.5. 4
371371
372372 (A) ON OR BEFORE JANUARY 31 EACH YEAR, THE OWNER OR OPERATO R OF 5
373373 A COAL COMBUSTION BY –PRODUCTS UNIT SHALL SUBMIT A GROUNDWATER 6
374374 PROTECTION AND RESTO RATION REPORT TO THE DEPARTMENT . 7
375375
376376 (B) THE REPORT REQUIRED U NDER THIS SECTION SH ALL INCLUDE A 8
377377 SUMMARY OF ALL GROUN DWATER MONITORING , PROTECTION , AND RESTORATION 9
378378 ACTIVITIES RELATED T O THE UNIT FOR THE I MMEDIATELY PRECEDING CALENDAR 10
379379 YEAR. 11
380380
381381 9–293.6. 12
382382
383383 (A) SUBJECT TO SUBSECTION (B) OF THIS SECTION , ON OR BEFORE 13
384384 SEPTEMBER 30, 2034, THE OWNER OR OPERATO R OF EACH COAL COMBU STION 14
385385 BY–PRODUCTS UNIT THAT H AS NOT BEEN CLOSED I N ACCORDANCE WITH 40 C.F.R. 15
386386 PART 257.D SHALL CLOSE THE UNIT BY: 16
387387
388388 (1) REMOVING ALL COAL C OMBUSTION BY –PRODUCTS IN 17
389389 ACCORDANCE WITH ANY APPLICABLE FEDERAL S TANDARDS; AND 18
390390
391391 (2) (I) USING THE COAL COMBUS TION BY–PRODUCTS FOR 19
392392 BENEFICIAL USE ; OR 20
393393
394394 (II) DISPOSING OF THE COAL COMBUSTION BY –PRODUCTS IN A 21
395395 LANDFILL THAT INCLUD ES A COMPOSITE LINER AND LEACHATE SYSTEM THAT 22
396396 MEETS THE STANDARDS ESTABLISHED UNDER 40 C.F.R. PART 258. 23
397397
398398 (B) (1) IF THE DEPARTMENT DETERMINES THAT THERE IS A THRE AT TO 24
399399 PUBLIC HEALTH DUE TO THE RISK OF COAL COM BUSTION BY–PRODUCTS AFFECTING 25
400400 GROUNDWATER OR DRINK ING WATER SOURCES , OR ANY OTHER PUBLIC HEA LTH 26
401401 CONCERNS, THE OWNER OR OPERATO R OF A COAL COMBUSTI ON BY–PRODUCTS UNIT 27
402402 SHALL CLOSE THE UNIT ON OR BEFORE SEPTEMBER 30, 2029. 28
403403
404404 (2) THE DEPARTMENT MAY EXTEND THE DEADLINE ESTABLI SHED 29
405405 UNDER SUBSECTION (A) OF THIS SECTION FOR UP TO 25 YEARS IF THE OWNER O R 30
406406 OPERATOR HAS AN APPR OVED CLOSURE PLAN TH AT REDIRECTS ALL COA L 31
407407 COMBUSTION BY –PRODUCTS FOR BENEFIC IAL USE, AND THE DEPARTMENT 32 10 SENATE BILL 1122
408408
409409
410410 DETERMINES THAT THE EXTENSION WILL NOT C REATE A REASONABLE P ROBABILITY 1
411411 OF ADVERSE EFFECTS T O HUMAN HEALTH AND THE ENVIRONMENT . 2
412412
413413 (C) (1) THE OWNER OR OPERATOR OF EACH COAL COMBUST ION 3
414414 BY–PRODUCTS UNIT THAT H AS BEEN CLOSED IN AC CORDANCE WITH 40 C.F.R. PART 4
415415 257.D SHALL MONITOR GROUND WATER AND SURFACE WA TER AT THE UNIT IN 5
416416 ACCORDANCE WITH A MO NITORING PLAN APPROV ED BY THE DEPARTMENT . 6
417417
418418 (2) THE OWNER OR OPERATOR OF A COAL COMBUSTION 7
419419 BY–PRODUCTS UNIT UNDER THIS SUBSECTION SHAL L SUBMIT QUARTERLY 8
420420 MONITORING REPORTS T O THE DEPARTMENT . 9
421421
422422 (3) IF THE MONITORING REQ UIRED UNDER PARAGRAP H (1) OF THIS 10
423423 SUBSECTION DEMONSTRA TES A VIOLATION OF WATER Q UALITY STANDARDS , THE 11
424424 OWNER OR OPERATOR OF THE COAL COMBUSTION BY–PRODUCTS UNIT SHALL 12
425425 CLOSE THE UNIT IN AC CORDANCE WITH SUBSEC TIONS (A) AND (B) OF THIS SECTION. 13
426426
427427 9–293.7. 14
428428
429429 (A) (1) IF THE CLOSURE OF A C OAL COMBUSTION BY –PRODUCTS UNIT 15
430430 REQUIRES COAL COMBUS TION BY–PRODUCTS TO BE REMOV ED, THE OWNER OR 16
431431 OPERATOR OF THE UNIT SHALL DEVELOP A TRAN SPORTATION PLAN TO M INIMIZE 17
432432 THE IMPACT OF TRANSP ORTING ANY COAL COMB USTION BY–PRODUCTS ON ANY 18
433433 NEIGHBORING PROPERTY OW NERS OR OCCUPANTS . 19
434434
435435 (2) IN DEVELOPING A TRANS PORTATION PLAN UNDER PARAGRAPH 20
436436 (1) OF THIS SUBSECTION , THE OWNER OR OPERATO R OF A COAL COMBUSTI ON 21
437437 BY–PRODUCTS UNIT SHALL CONSULT WITH : 22
438438
439439 (I) THE COUNTY OR MUNICIP ALITY IN WHICH THE C OAL 23
440440 COMBUSTION BY –PRODUCTS UNIT IS LOC ATED; AND 24
441441
442442 (II) ANY COUNTY OR MUNICIP ALITY WITHIN 2 MILES OF THE 25
443443 COAL COMBUSTION BY –PRODUCTS UNIT . 26
444444
445445 (B) THE PLAN REQUIRED UND ER SUBSECTION (A) OF THIS SECTION SHAL L 27
446446 INCLUDE: 28
447447
448448 (1) IF TRANSPORTING COAL COMBUSTION BY –PRODUCTS BY TRUCK , 29
449449 THE FREQUENCY OF TRU CKS, PROPOSED ROUTES , AND ANY MEASURES TO CONTROL 30
450450 NOISE, TRAFFIC IMPACTS , SAFETY CONCERNS , AND DUST POLLUTION ; AND 31
451451 SENATE BILL 1122 11
452452
453453
454454 (2) POTENTIAL ALTERNATIVE METHODS OF TRANSPORT ATION, 1
455455 INCLUDING BY TRAIN O R BY BARGE, IF FEASIBLE. 2
456456
457457 (C) THE OWNER OR OPERATOR OF A COAL COMBUSTION BY–PRODUCTS 3
458458 UNIT SHALL: 4
459459
460460 (1) MAKE A COPY OF A TRAN SPORTATION PLAN REQU IRED UNDER 5
461461 THIS SECTION AVAILAB LE ONLINE; 6
462462
463463 (2) PROVIDE NOTICE OF THE AVAILABILITY OF THE PLAN TO: 7
464464
465465 (I) THE DEPARTMENT ; 8
466466
467467 (II) THE CHIEF ADMINISTRATIVE OFFICER OF THE COUNT Y OR 9
468468 MUNICIPALITY; 10
469469
470470 (III) THE COMMISSION ON ENVIRONMENTAL JUSTICE AND 11
471471 SUSTAINABLE COMMUNITIES ; AND 12
472472
473473 (IV) THE COAL COMBUSTION BY–PRODUCTS COMMUNITY 13
474474 ADVISORY COUNCIL; AND 14
475475
476476 (3) PUBLISH NOTICE OF THE AVAILABILITY OF THE PLAN IN A 15
477477 NEWSPAPER OF GENERAL CIRCULATION IN THE C OUNTY OR MUNICIPALIT Y. 16
478478
479479 (D) BEFORE ADOPTING A TRA NSPORTATION PLAN , THE OWNER OR 17
480480 OPERATOR OF THE COAL COMBUSTION BY –PRODUCTS UNIT SHALL : 18
481481
482482 (1) ALLOW FOR A PERIOD OF PUBLIC COMMENT OF N OT LESS THAN 19
483483 30 DAYS; AND 20
484484
485485 (2) CONSIDER ANY COMMENTS RECEIVED. 21
486486
487487 9–293.8. 22
488488
489489 WHEN CLOSING A COAL C OMBUSTION BY –PRODUCTS UNIT , THE OWNER OR 23
490490 OPERATOR OF THE UNIT SHALL: 24
491491
492492 (1) IDENTIFY OPTIONS FOR EMPLOYING LOCAL WORK ERS; 25
493493
494494 (2) CONSULT WITH A COLLEC TIVE BARGAINING UNIT IN THE AREA ON 26
495495 THE FURTHERANCE OF A PPRENTICESHIPS AND O THER WORKFORCE TRAIN ING 27
496496 PROGRAMS FOR LOCAL W ORKERS; AND 28 12 SENATE BILL 1122
497497
498498
499499
500500 (3) PRIORITIZE THE HIRING OF LOCAL WORKERS . 1
501501
502502 9–293.9. 2
503503
504504 (A) IN ACCORDANCE WITH SU BSECTION (B) OF THIS SECTION, ON APPROVAL 3
505505 OF A CLOSURE PLAN, AND EVERY 2 YEARS THEREAFTER , THE OWNER OR OPERATO R 4
506506 OF A COAL COMBUSTION BY–PRODUCTS UNIT SHALL PUBLISH A REPORT 5
507507 DESCRIBING: 6
508508
509509 (1) THE OWNER OR OPERATOR ’S CLOSURE PLAN FOR E ACH COAL 7
510510 COMBUSTION BY –PRODUCTS UNIT ; 8
511511
512512 (2) ANY PROGRESS TO DATE ; 9
513513
514514 (3) THE AMOUNT OF COAL CO MBUSTION BY –PRODUCTS THAT HAVE 10
515515 BEEN AND ARE EXPECTE D TO BE USED FOR ENC APSULATED BENEFICIAL USE FROM 11
516516 EACH UNIT; 12
517517
518518 (4) THE AMOUNT OF COAL CO MBUSTION BY –PRODUCTS THAT HAVE 13
519519 BEEN AND ARE EXPECTE D TO BE DIVERTED TO LANDFILLS FROM EACH UNIT; 14
520520
521521 (5) THE UTILIZATION OF TR ANSPORTATION OPTIONS AND ANY 15
522522 TRANSPORTATION PLAN REQUIRED UNDER § 9–293.7 OF THIS SUBTITLE; AND 16
523523
524524 (6) ANY GROUNDWATER AND S URFACE WATER MONITOR ING RESULTS 17
525525 AND ANY MEASURES TAK EN TO ADDRESS THESE RESULTS. 18
526526
527527 (B) THE OWNER OR OPERATOR OF A COA L COMBUSTION BY –PRODUCTS 19
528528 UNIT SHALL: 20
529529
530530 (1) PUBLISH THE REPORT RE QUIRED UNDER THIS SE CTION ONLINE; 21
531531 AND 22
532532
533533 (2) SUBMIT THE REPORT TO THE GOVERNOR, THE SECRETARY, THE 23
534534 SECRETARY OF NATURAL RESOURCES, THE COMMISSION ON ENVIRONMENTAL 24
535535 JUSTICE AND SUSTAINABLE COMMUNITIES , THE ADVISORY COUNCIL , AND, IN 25
536536 ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE SENATE 26
537537 COMMITTEE ON EDUCATION, ENERGY, AND THE ENVIRONMENT , THE HOUSE 27
538538 ENVIRONMENT AND TRANSPORTATION COMMITTEE, AND THE GENERAL 28
539539 ASSEMBLY. 29
540540
541541 9–293.10. 30 SENATE BILL 1122 13
542542
543543
544544
545545 AN OWNER OR OPERATOR OF A COAL COMBUSTION BY–PRODUCTS UNIT MAY 1
546546 NOT RECOVER ANY COST S FROM THE STATE FOR ANY FINES O R PENALTIES 2
547547 RESULTING FROM A VIO LATION OF THIS PART . 3
548548
549549 9–293.11. 4
550550
551551 (A) THERE IS A COAL COMBU STION BY–PRODUCTS COMMUNITY ADVISORY 5
552552 COUNCIL. 6
553553
554554 (B) THE ADVISORY COUNCIL CONSISTS OF: 7
555555
556556 (1) THE SECRETARY, OR THE SECRETARY’S DESIGNEE; 8
557557
558558 (2) THE SECRETARY OF NATURAL RESOURCES, OR THE 9
559559 SECRETARY’S DESIGNEE; 10
560560
561561 (3) THE CHAIR OF THE COMMISSION ON ENVIRONMENTAL JUSTICE 11
562562 AND SUSTAINABLE COMMUNITIES , OR THE CHAIR’S DESIGNEE; AND 12
563563
564564 (4) THE FOLLOWING MEMBERS TO BE APPOINTED BY T HE 13
565565 SECRETARY IN CONJUNCT ION WITH THE SECRETARY OF NATURAL RESOURCES: 14
566566
567567 (I) AT LEAST THREE , BUT NOT MORE THAN SI X, 15
568568 REPRESENTATIVES OF T HE LOCAL GOVERNMENTS OF THE POLITICAL SUBDIVISIO NS 16
569569 IN WHICH A COAL COMB USTION BY–PRODUCTS UNIT OR UNI TS ARE LOCATED ; 17
570570
571571 (II) AT LEAST THREE, BUT NOT MORE THAN SI X, SCIENTIFIC OR 18
572572 TECHNICAL EXPERTS ; AND 19
573573
574574 (III) AT LEAST FIVE MEMBERS FROM AFFECTED COMMUN ITIES. 20
575575
576576 (C) THE ADVISORY COUN CIL SHALL ELECT A CH AIR FROM AMONG ITS 21
577577 MEMBERS. 22
578578
579579 (D) THE TERM OF A MEMBER APPOINTED UNDER SUBS ECTION (B)(4) OF 23
580580 THIS SECTION IS 4 YEARS. 24
581581
582582 (E) THE DEPARTMENT AND THE DEPARTMENT OF NATURAL RESOURCES 25
583583 JOINTLY SHALL PROVID E STAFF FOR THE ADVI SORY COUNCIL . 26
584584
585585 (F) A MEMBER OF THE ADVISO RY COUNCIL: 27
586586 14 SENATE BILL 1122
587587
588588
589589 (1) MAY NOT RECEIVE COMPE NSATION AS A MEMBER OF THE 1
590590 ADVISORY COUNCIL ; BUT 2
591591
592592 (2) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES UNDER THE 3
593593 STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET . 4
594594
595595 (G) THE ADVISORY COUNCIL SHALL ADV ISE THE DEPARTMENT AND THE 5
596596 POWER PLANT RESEARCH PROGRAM ON ALL MATTER S RELATED TO COAL 6
597597 COMBUSTION BY –PRODUCTS STORAGE AND ITS IMPACT ON THE HE ALTH AND 7
598598 SAFETY OF NEIGHBORIN G COMMUNITIES . 8
599599
600600 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 9
601601 October 1, 2024. 10