EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb1122*
SENATE BILL 1122
M3 4lr3386
CF HB 1193
By: Senator Jackson
Introduced and read first time: February 9, 2024
Assigned to: Rules
A BILL ENTITLED
AN ACT concerning 1
Environment – Coal Combustion By–Products 2
FOR the purpose of requiring the owner or operator of a certain coal combustion 3
by–products unit to submit to the Department of the Environment and the Power 4
Plant Research Program in the Department of Natural Resources certain reports and 5
plans on or before certain dates; requiring the owner or operator of a coal combustion 6
by–products unit to conduct a certain drinking water survey in a certain manner on 7
or before a certain date; requiring the Department of the Environment to make a 8
certain determination within a certain time frame regarding the water supply wells 9
that an owner or operator of a certain coal combustion by–products unit is required 10
to conduct certain sampling in a certain manner; requiring the owner or operator of 11
certain coal combustion by–products units to initiate certain sampling and water 12
quality analyses within a certain time frame; requiring the owner or operator of a 13
certain coal combustion by–products unit to establish permanent replacement water 14
supplies for certain residences under certain circumstances; requiring the owner or 15
operator of certain coal combustion by–products units to close the unit in a certain 16
manner on or before certain dates under certain circumstances, subject to a certain 17
exception; establishing a coal combustion by–products community advisory council 18
to advise the Department of the Environment and the Power Plant Research 19
Program on certain matters; and generally relating to coal combustion by–products. 20
BY repealing and reenacting, without amendments, 21
Article – Environment 22
Section 9–281(a) and (b) 23
Annotated Code of Maryland 24
(2014 Replacement Volume and 2023 Supplement) 25
BY adding to 26
Article – Environment 27
Section 9–293 through 9–293.11 to be under the new part “Part IX. Coal Combustion 28
By–Products – Miscellaneous Requirements” 29 2 SENATE BILL 1122
Annotated Code of Maryland 1
(2014 Replacement Volume and 2023 Supplement) 2
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3
That the Laws of Maryland read as follows: 4
Article – Environment 5
9–281. 6
(a) In this part the following words have the meanings indicated. 7
(b) (1) “Coal combustion by–products” means the residue generated by, or 8
resulting from, the burning of coal. 9
(2) “Coal combustion by–products” includes fly ash, bottom ash, boiler slag, 10
pozzolan, and other solid residuals removed by air pollution control devices from the flue 11
gas and combustion chambers of coal–burning furnaces and boilers, including flue gas 12
desulfurization sludge and other solid residuals recovered from flue gas by wet or dry 13
methods. 14
9–291. RESERVED. 15
9–292. RESERVED. 16
PART IX. COAL COMBUSTION BY–PRODUCTS – MISCELLANEOUS REQUIREMENTS . 17
9–293. 18
EXCEPT AS EXPRESSLY P ROVIDED OTHERWISE , THIS PART SHALL BE 19
INTERPRETED IN A MAN NER CONSISTENT WITH 40 C.F.R. PART 257. 20
9–293.1. 21
(A) IN THIS PART THE FOLL OWING WORDS HAVE THE MEANINGS 22
INDICATED. 23
(B) “BENEFICIAL USE ” MEANS THE USE OF COA L COMBUSTION 24
BY–PRODUCTS IN A PRODUC T THAT: 25
(1) PROVIDES A FUNCTIONAL BENEFIT; 26
(2) REPLACES A PRODUCT AVAILABLE ON THE MARKET THAT I S MADE 27
FROM VIRGIN MATERIAL S; AND 28
SENATE BILL 1122 3
(3) MEETS ALL APPLICABLE STANDARDS. 1
(C) “COAL COMBUSTION BY –PRODUCTS” HAS THE MEANING STAT ED IN § 2
9–281 OF THIS SUBTITLE . 3
(D) (1) “COAL COMBUSTION BY –PRODUCTS UNIT ” MEANS ANY LANDFILL 4
OR SURFACE IMPOUNDME NT IN WHICH COAL COM BUSTION BY–PRODUCTS HAVE 5
BEEN STORED . 6
(2) “COAL COMBUSTION BY –PRODUCTS UNIT ” INCLUDES ANY COAL 7
COMBUSTION BY –PRODUCTS BELOW THE U NIT BOUNDARY . 8
(E) “COUNCIL” MEANS THE COAL COMBUSTION BY–PRODUCTS 9
COMMUNITY ADVISORY COUNCIL. 10
(F) (1) “ENCAPSULATED BENEFICI AL USE” MEANS A BENEFICIAL U SE 11
THAT BINDS COAL COMB USTION BY–PRODUCTS INTO A SOLI D MATRIX AND 12
MINIMIZES THE RELEAS E OF THE BY–PRODUCTS INTO THE EN VIRONMENT . 13
(2) “ENCAPSULATED BENEFICI AL USE” INCLUDES THE USE OF CO AL 14
COMBUSTION BY –PRODUCTS: 15
(I) AS FILLER OR LIGHTWEI GHT AGGREGATE IN CON CRETE; 16
(II) AS A RAW MATERIAL IN THE PRODUCTION OF , OR AS A 17
REPLACEMENT OF , CEMENT COMPONENTS IN CONCRETE OR BRICKS ; 18
(III) AS FILLER IN PLASTICS , RUBBER, AND OTHER PRODUCTS ; 19
AND 20
(IV) IN WALLBOARD PRODUCTI ON. 21
(G) “POWER PLANT RESEARCH PROGRAM” MEANS THE POWER PLANT 22
RESEARCH PROGRAM IN THE DEPARTMENT OF NATURAL RESOURCES. 23
9–293.2. 24
(A) (1) ON OR BEFORE SEPTEMBER 30, 2025, THE OWNER OR OPERATO R 25
OF A COAL COMBUSTION BY –PRODUCTS UNIT SHALL SUBMIT TO THE DEPARTMENT 26
AND THE POWER PLANT RESEARCH PROGRAM A REPORT OF A NY KNOWN OR 27
SUSPECTED DISCHARGES OF COAL COMBUSTION B Y–PRODUCTS TO SURFACE 28
WATERS FROM THE UNIT , INCLUDING: 29
4 SENATE BILL 1122
(I) SEEPS; 1
(II) DIRECT DISCHARGES; 2
(III) INDIRECT DISCHARGES ; AND 3
(IV) TOE DRAINS. 4
(2) THE REPORT REQUIRED U NDER PARAGRAPH (1) OF THIS 5
SUBSECTION SHALL INC LUDE: 6
(I) THE EXACT GEOLOCATION OF EACH KNOWN OR SUS PECTED 7
DISCHARGE; 8
(II) ANY WATER QUALITY DAT A RELATING TO THE DISCHARGES ; 9
AND 10
(III) ANY REPORTS SUBMITTED TO STATE OR FEDERAL 11
DEPARTMENTS OR AGENC IES REGARDING THE DI SCHARGES. 12
(B) (1) ON OR BEFORE SEPTEMBER 30, 2025, THE OWNER OR OPERATO R 13
OF A COAL COMBUSTION BY–PRODUCTS UNIT SHALL SUBMIT TO THE DEPARTME NT 14
AND THE POWER PLANT RESEARCH PROGRAM A REPORT DETA ILING THE 15
LOCATION AND CONTENT S OF ANY DISPOSAL SI TES, INCLUDING: 16
(I) MONOFILL AND MIXED FI LL AREAS; 17
(II) THE LOCATION OF NATUR AL AND SYNTHETIC LIN ERS; 18
(III) NONASH WASTE ; AND 19
(IV) ANY OTHER INFORMATION THAT THE DEPARTMENT 20
DETERMINES WILL AID IN THE DECONSTRUCTIO N OF THE UNIT BY REC YCLING 21
ENTITIES. 22
(2) THE REPORT REQUIRED U NDER PARAGRAPH (1) OF THIS 23
SUBSECTION SHALL INC LUDE: 24
(I) A LATITUDE AND LONGITU DE IDENTIFICATION OF ALL 25
DISPOSAL SITES IDENTIFIED; OR 26
(II) A MAP CONTAINING SPECI FIC GEOSPATIAL 27
IDENTIFICATION OF AL L DISPOSAL SITES IDE NTIFIED. 28 SENATE BILL 1122 5
(C) (1) ON OR BEFORE SEPTEMBER 30, 2025, THE OWNER OR OPERATO R 1
OF A COAL COMBUSTION BY–PRODUCTS UNIT SHALL SUBMIT A REPORT TO T HE 2
DEPARTMENT AND THE POWER PLANT RESEARCH PROGRAM OF ALL 3
GROUNDWATER MONITORI NG DATA COLLECTED ON OR ADJACENT TO THE U NIT. 4
(2) THE REPORT REQUIRED U NDER PARAGRAPH (1) OF THIS 5
SUBSECTION SHALL : 6
(I) IDENTIFY ANY CURRENT OR PREVIOUS GROUNDWA TER 7
MONITORING SITES AND ALL WATER QUALITY MONITORING D ATA COLLECTED FROM 8
THOSE SITES; 9
(II) INCLUDE ANY GROUNDWAT ER MONITORING DATA T HAT 10
DEMONSTRATES ANY KNO WN OR POTENTIAL VIOL ATIONS OF STATE OR FEDERAL 11
WATER QUALITY STANDA RDS, INCLUDING DRINKING W ATER AND SOURCE WA TER 12
QUALITY STANDARDS ; AND 13
(III) INCLUDE THE EXACT GEO LOCATION OF ANY GROU NDWATER 14
MONITORING WELLS . 15
(3) IF NO GROUNDWATER MON ITORING DATA EXISTS , THE OWNER OR 16
OPERATOR SHALL CONDU CT A REVIEW OF STATE AND FEDERAL WAT ER QUALITY 17
STANDARDS AND PROVID E AN EXPLANATION OF WHY NO GROUNDWATER 18
MONITORING DATA EXIS TS. 19
9–293.3. 20
(A) ON OR BEFORE SEPTEMBER 30, 2025, THE OWNER OR OPERATO R OF A 21
COAL COMBUSTION BY –PRODUCTS UNIT SHALL CONDUCT A DRINKING W ATER 22
SUPPLY SURVEY THAT : 23
(1) IDENTIFIES ALL DRINKI NG WATER SUPPLY WELLS WITHIN 24
ONE–HALF MILE DOWN –GRADIENT FROM THE CO AL COMBUSTION BY –PRODUCTS 25
UNIT; 26
(2) IDENTIFIES ANY SOURCE WATER PROTECTION ARE AS FOR 27
DRINKING WATER SUPPL IES WITHIN ONE–HALF MILE DOWN –GRADIENT FROM THE 28
COAL COMBUSTION BY –PRODUCTS UNIT ; AND 29
(3) INCLUDES ANY AVAILABL E INFORMATION ON THE LOCATION, 30
CONSTRUCTION DETAILS , USES, AND OWNERSHIP OF THE DRINKING WATER SUPPL Y 31
WELLS IDENTIFIED UND ER ITEM (1) OF THIS SUBSECTION . 32 6 SENATE BILL 1122
(B) ON OR BEFORE DECEMBER 31, 2025, THE OWNER OR OPERATO R SHALL 1
SUBMIT A REPORT OF THE SURV EY REQUIRED UNDER SU BSECTION (A) OF THIS 2
SECTION TO THE DEPARTMENT AND THE POWER PLANT RESEARCH PROGRAM. 3
(C) (1) WITHIN 6 MONTHS OF RECEIPT OF THE REPORT REQUIRED 4
UNDER SUBSECTION (B) OF THIS SECTION, THE DEPARTMENT SHALL : 5
(I) MAKE A DETERMINATION ON WHICH DRINKING WATER 6
SUPPLY WELLS THE OWN ER OR OPERATOR OF TH E COAL COMBUSTION 7
BY–PRODUCTS UNIT IS REQ UIRED TO SAMPLE FROM , INCLUDING THE FREQUE NCY 8
AND DURATION OF ANY SAMPLING; AND 9
(II) NOTIFY THE OWNER OR O PERATOR OF THE 10
DETERMINATION MADE UNDER IT EM (I) OF THIS PARAGRAPH . 11
(2) IN MAKING THE DETERMI NATION REQUIRED UNDE R PARAGRAPH 12
(1) OF THIS SUBSECTION , THE DEPARTMENT SHALL SELE CT DRINKING WATER 13
SUPPLY WELLS WHERE D ATA REGARDING GROUND WATER QUALITY , FLOW, AND 14
DEPTH PROVIDES A REASONABLE BASIS FOR THE PREDICTION THAT THE QUALITY 15
OF WATER IN THE WELL MAY BE ADVERSELY AFF ECTED BY THE PRESENC E OF THE 16
COAL COMBUSTION BY –PRODUCTS UNIT . 17
(3) (I) WITHIN 6 MONTHS AFTER RECEIPT OF NOTICE FROM THE 18
DEPARTMENT , THE OWNER OR OPERATO R OF A COAL COMBUSTION BY –PRODUCTS 19
UNIT SELECTED UNDER THIS SUBSECTION SHAL L INITIATE SAMPLING AND WATER 20
QUALITY ANALYSES OF THE DRINKING WATER S UPPLY WELL , SUBJECT TO 21
SUBPARAGRAPH (IV) OF THIS PARAGRAPH . 22
(II) THE OWNER OF THE PROP ERTY ON WHICH A DRIN KING 23
WATER SUPPLY WELL SELEC TED UNDER THIS SUBSE CTION IS LOCATED MAY ELECT 24
TO HAVE AN INDEPENDE NT THIRD PARTY SELEC TED FROM A LABORATOR Y 25
CERTIFIED BY THE DEPARTMENT TO CARRY O UT ANY SAMPLING OR A NALYSIS 26
REQUIRED UNDER THIS SUBSECTION. 27
(III) THE OWNER OR OPERAT OR OF A COAL COMBUST ION 28
BY–PRODUCTS UNIT SHALL PAY FOR THE REASONAB LE COSTS OF ANY SAMP LING 29
AND ANALYSIS REQUIRE D UNDER THIS SUBSECT ION. 30
(IV) PRIOR TO INITIATING S AMPLING AND WATER QU ALITY 31
ANALYSIS UNDER THIS PARAGRAPH , THE OWNER OR OPERATO R OF A COAL 32
COMBUSTION BY –PRODUCTS UNIT SHALL GET THE PERMISSION O F THE OWNER OR 33 SENATE BILL 1122 7
OCCUPANT OF THE PROP ERTY ON WHICH THE DR INKING WATER SUPPLY WELL IS 1
LOCATED. 2
(D) IF THE ANALYSIS REQUI RED UNDER SUBSECTION (C) OF THIS SECTION 3
INDICATES THAT WATER FROM A DRINKING WATE R SUPPLY WELL EXCEED S 4
GROUNDWATER QUALITY STANDARDS, THE OWNER OR OPERATO R OF THE COAL 5
COMBUSTION BY –PRODUCTS UNIT SHALL REPLACE THE WELL WIT H: 6
(1) AN ALTERNATE SUPPLY O F POTABLE DRINKING W ATER WITHIN 24 7
HOURS OF RECEIPT OF NOTICE FROM THE DEPARTMENT TH AT THE ALTERNATE 8
WATER SUPPLY IS NECE SSARY; AND 9
(2) AN ALTERNATE SUPPLY O F WATER THAT IS SAFE FOR OTHER 10
HOUSEHOLD USES WITHI N 30 DAYS OF RECEIPT OF N OTICE FROM THE DEPARTMENT 11
THAT THE ALTERNATE W ATER SUPPLY IS NECES SARY. 12
9–293.4. 13
(A) ON OR BEFORE OCTOBER 15, 2025, THE OWNER OR OPERATO R OF A 14
COAL COMBUSTION BY –PRODUCTS UNIT SHALL ESTABLISH PERMANENT 15
REPLACEMENT WATER SU PPLIES FOR: 16
(1) EACH RESIDENCE WITHIN A HALF–MILE RADIUS OF THE U NIT 17
THAT HAS A DRINKING WATER SUPPLY WELL , UNLESS THE DRINKING WATER SUPPLY 18
WELL IS SEPARATED FR OM THE UNIT BY A RIV ER OR OTHER BODY OF WATER THAT 19
WOULD PREVENT THE MI GRATION OF COAL COMB USTION BY–PRODUCTS THROUGH 20
GROUNDWATER FROM THE UNIT TO THE WELL ; AND 21
(2) EACH RESIDENCE THAT H AS A DRINKING WATER SUPPLY WELL 22
THAT IS LOCATED IN AN ARE A IN WHICH CONTAMINA TION RESULTING FROM THE 23
PRESENCE OF COAL COM BUSTION BY–PRODUCTS IS EXPECTED TO OCCUR, BASED ON 24
GROUNDWATER MODELING AND HYDROGEOLOGIC , GEOLOGIC, AND GEOTECHNICAL 25
INVESTIGATIONS OF TH E AREA. 26
(B) (1) SUBJECT TO PARAG RAPH (2) OF THIS SUBSECTION , THE OWNER 27
OR OPERATOR OF A COA L COMBUSTION BY –PRODUCTS UNIT SHALL PRIORITIZE THE 28
CONNECTION OF HOUSEH OLDS TO PUBLIC WATER SUPPLIES IN ORDER TO MEET THE 29
REQUIREMENTS OF SUBS ECTION (A) OF THIS SECTION. 30
(2) (I) A HOUSEHOLD MAY ELECT TO RECEIVE A F ILTRATION 31
SYSTEM IN PLACE OF C ONNECTION TO A PUBLI C WATER SYSTEM . 32
8 SENATE BILL 1122
(II) IF THE DEPARTMENT DETERMINES THAT CONNECTION OF 1
A PARTICULAR HOUSEHO LD TO A PUBLIC WATER SYSTEM WOULD BE 2
COST–PROHIBITIVE, THE DEPARTMENT MAY AUTHOR IZE THE INSTALLATION OF A 3
FILTRATION SYSTEM . 4
(III) THE OWNER OR OPERATOR OF THE COAL COMBUSTI ON 5
BY–PRODUCTS UNIT SHALL BE RESPONSIBLE FOR M AINTENANCE OF ANY 6
FILTRATION SYSTEM IN STALLED IN ACCORDANC E WITH THIS PARAGRAP H. 7
(C) (1) ON OR BEFORE DECEMBER 1, 2024, THE OWNER OR OPERATOR OF 8
EACH COAL COMBUSTION BY–PRODUCTS UNIT SHALL SUBMIT A PLAN REGARD ING 9
PROPOSED PERMANENT R EPLACEMENT OF WATER SUPPLIES REQUIRED UN DER 10
SUBSECTION (A) OF THIS SECTION TO T HE DEPARTMENT , INCLUDING: 11
(I) THE TYPE OF PERMANENT REPLACEME NT WATER SUPPLY ; 12
(II) THE LOCATION OF THE P ERMANENT REPLACEMENT WATER 13
SUPPLY; 14
(III) THE LOCATION OF THE H OUSEHOLD AND ITS PRO XIMITY TO 15
THE NEAREST CONNECTI ON POINT TO A PUBLIC WATER SUPPLY ; AND 16
(IV) THE PROJECTED COSTS O F THE PERMANENT 17
REPLACEM ENT WATER SUPPLY . 18
(2) WITHIN 60 DAYS AFTER RECEIVING A PLAN UNDER PARAGRA PH 19
(1) OF THIS SUBSECTION , THE DEPARTMENT SHALL APPR OVE, APPROVE WITH 20
AMENDMENTS , OR DENY THE PLAN . 21
(3) IF A PLAN SUBMITTED U NDER THIS SUBSECTION IS DENIED, THE 22
OWNER OR OPERATO R OF THE COAL COMBUS TION BY–PRODUCTS UNIT SHALL 23
RESUBMIT A MODIFIED PLAN WITHIN 30 DAYS. 24
(4) WITHIN 30 DAYS OF PLAN APPROVA L, THE OWNER OR OPERATO R 25
OF A COAL COMBUSTION BY–PRODUCTS UNIT SHALL NOTIFY ALL HOUSEHOLD S 26
IDENTIFIED IN THE OW NER OR OPERATOR ’S APPROVED PLAN OF THE HOUSEHOLD ’S 27
ELIGIBILITY FOR A PE RMANENT REPLACEMENT WATER SUPPLY . 28
(5) UNTIL A HOUSEHOLD IDE NTIFIED IN A PLAN HA S BEEN PROVIDED 29
WITH A PERMANENT REP LACEMENT WATER SUPPL Y, THE OWNER OR OPERATO R OF 30
THE COAL COMBUSTION BY–PRODUCTS UNIT S HALL SUPPLY THE HOUS EHOLD WITH 31
AN ALTERNATE SUPPLY OF POTABLE DRINKING WATER. 32
SENATE BILL 1122 9
(D) THIS SECTION MAY NOT BE CONSTRUED TO REQU IRE A HOUSEHOLD TO 1
CONNECT TO A PUBLIC WATER SYSTEM OR RECE IVE A FILTRATION SYS TEM WITHOUT 2
THE APPROVAL OF THE OWNER OR OCCUPANT OF THE HOUSEHOLD . 3
9–293.5. 4
(A) ON OR BEFORE JANUARY 31 EACH YEAR, THE OWNER OR OPERATO R OF 5
A COAL COMBUSTION BY –PRODUCTS UNIT SHALL SUBMIT A GROUNDWATER 6
PROTECTION AND RESTO RATION REPORT TO THE DEPARTMENT . 7
(B) THE REPORT REQUIRED U NDER THIS SECTION SH ALL INCLUDE A 8
SUMMARY OF ALL GROUN DWATER MONITORING , PROTECTION , AND RESTORATION 9
ACTIVITIES RELATED T O THE UNIT FOR THE I MMEDIATELY PRECEDING CALENDAR 10
YEAR. 11
9–293.6. 12
(A) SUBJECT TO SUBSECTION (B) OF THIS SECTION , ON OR BEFORE 13
SEPTEMBER 30, 2034, THE OWNER OR OPERATO R OF EACH COAL COMBU STION 14
BY–PRODUCTS UNIT THAT H AS NOT BEEN CLOSED I N ACCORDANCE WITH 40 C.F.R. 15
PART 257.D SHALL CLOSE THE UNIT BY: 16
(1) REMOVING ALL COAL C OMBUSTION BY –PRODUCTS IN 17
ACCORDANCE WITH ANY APPLICABLE FEDERAL S TANDARDS; AND 18
(2) (I) USING THE COAL COMBUS TION BY–PRODUCTS FOR 19
BENEFICIAL USE ; OR 20
(II) DISPOSING OF THE COAL COMBUSTION BY –PRODUCTS IN A 21
LANDFILL THAT INCLUD ES A COMPOSITE LINER AND LEACHATE SYSTEM THAT 22
MEETS THE STANDARDS ESTABLISHED UNDER 40 C.F.R. PART 258. 23
(B) (1) IF THE DEPARTMENT DETERMINES THAT THERE IS A THRE AT TO 24
PUBLIC HEALTH DUE TO THE RISK OF COAL COM BUSTION BY–PRODUCTS AFFECTING 25
GROUNDWATER OR DRINK ING WATER SOURCES , OR ANY OTHER PUBLIC HEA LTH 26
CONCERNS, THE OWNER OR OPERATO R OF A COAL COMBUSTI ON BY–PRODUCTS UNIT 27
SHALL CLOSE THE UNIT ON OR BEFORE SEPTEMBER 30, 2029. 28
(2) THE DEPARTMENT MAY EXTEND THE DEADLINE ESTABLI SHED 29
UNDER SUBSECTION (A) OF THIS SECTION FOR UP TO 25 YEARS IF THE OWNER O R 30
OPERATOR HAS AN APPR OVED CLOSURE PLAN TH AT REDIRECTS ALL COA L 31
COMBUSTION BY –PRODUCTS FOR BENEFIC IAL USE, AND THE DEPARTMENT 32 10 SENATE BILL 1122
DETERMINES THAT THE EXTENSION WILL NOT C REATE A REASONABLE P ROBABILITY 1
OF ADVERSE EFFECTS T O HUMAN HEALTH AND THE ENVIRONMENT . 2
(C) (1) THE OWNER OR OPERATOR OF EACH COAL COMBUST ION 3
BY–PRODUCTS UNIT THAT H AS BEEN CLOSED IN AC CORDANCE WITH 40 C.F.R. PART 4
257.D SHALL MONITOR GROUND WATER AND SURFACE WA TER AT THE UNIT IN 5
ACCORDANCE WITH A MO NITORING PLAN APPROV ED BY THE DEPARTMENT . 6
(2) THE OWNER OR OPERATOR OF A COAL COMBUSTION 7
BY–PRODUCTS UNIT UNDER THIS SUBSECTION SHAL L SUBMIT QUARTERLY 8
MONITORING REPORTS T O THE DEPARTMENT . 9
(3) IF THE MONITORING REQ UIRED UNDER PARAGRAP H (1) OF THIS 10
SUBSECTION DEMONSTRA TES A VIOLATION OF WATER Q UALITY STANDARDS , THE 11
OWNER OR OPERATOR OF THE COAL COMBUSTION BY–PRODUCTS UNIT SHALL 12
CLOSE THE UNIT IN AC CORDANCE WITH SUBSEC TIONS (A) AND (B) OF THIS SECTION. 13
9–293.7. 14
(A) (1) IF THE CLOSURE OF A C OAL COMBUSTION BY –PRODUCTS UNIT 15
REQUIRES COAL COMBUS TION BY–PRODUCTS TO BE REMOV ED, THE OWNER OR 16
OPERATOR OF THE UNIT SHALL DEVELOP A TRAN SPORTATION PLAN TO M INIMIZE 17
THE IMPACT OF TRANSP ORTING ANY COAL COMB USTION BY–PRODUCTS ON ANY 18
NEIGHBORING PROPERTY OW NERS OR OCCUPANTS . 19
(2) IN DEVELOPING A TRANS PORTATION PLAN UNDER PARAGRAPH 20
(1) OF THIS SUBSECTION , THE OWNER OR OPERATO R OF A COAL COMBUSTI ON 21
BY–PRODUCTS UNIT SHALL CONSULT WITH : 22
(I) THE COUNTY OR MUNICIP ALITY IN WHICH THE C OAL 23
COMBUSTION BY –PRODUCTS UNIT IS LOC ATED; AND 24
(II) ANY COUNTY OR MUNICIP ALITY WITHIN 2 MILES OF THE 25
COAL COMBUSTION BY –PRODUCTS UNIT . 26
(B) THE PLAN REQUIRED UND ER SUBSECTION (A) OF THIS SECTION SHAL L 27
INCLUDE: 28
(1) IF TRANSPORTING COAL COMBUSTION BY –PRODUCTS BY TRUCK , 29
THE FREQUENCY OF TRU CKS, PROPOSED ROUTES , AND ANY MEASURES TO CONTROL 30
NOISE, TRAFFIC IMPACTS , SAFETY CONCERNS , AND DUST POLLUTION ; AND 31
SENATE BILL 1122 11
(2) POTENTIAL ALTERNATIVE METHODS OF TRANSPORT ATION, 1
INCLUDING BY TRAIN O R BY BARGE, IF FEASIBLE. 2
(C) THE OWNER OR OPERATOR OF A COAL COMBUSTION BY–PRODUCTS 3
UNIT SHALL: 4
(1) MAKE A COPY OF A TRAN SPORTATION PLAN REQU IRED UNDER 5
THIS SECTION AVAILAB LE ONLINE; 6
(2) PROVIDE NOTICE OF THE AVAILABILITY OF THE PLAN TO: 7
(I) THE DEPARTMENT ; 8
(II) THE CHIEF ADMINISTRATIVE OFFICER OF THE COUNT Y OR 9
MUNICIPALITY; 10
(III) THE COMMISSION ON ENVIRONMENTAL JUSTICE AND 11
SUSTAINABLE COMMUNITIES ; AND 12
(IV) THE COAL COMBUSTION BY–PRODUCTS COMMUNITY 13
ADVISORY COUNCIL; AND 14
(3) PUBLISH NOTICE OF THE AVAILABILITY OF THE PLAN IN A 15
NEWSPAPER OF GENERAL CIRCULATION IN THE C OUNTY OR MUNICIPALIT Y. 16
(D) BEFORE ADOPTING A TRA NSPORTATION PLAN , THE OWNER OR 17
OPERATOR OF THE COAL COMBUSTION BY –PRODUCTS UNIT SHALL : 18
(1) ALLOW FOR A PERIOD OF PUBLIC COMMENT OF N OT LESS THAN 19
30 DAYS; AND 20
(2) CONSIDER ANY COMMENTS RECEIVED. 21
9–293.8. 22
WHEN CLOSING A COAL C OMBUSTION BY –PRODUCTS UNIT , THE OWNER OR 23
OPERATOR OF THE UNIT SHALL: 24
(1) IDENTIFY OPTIONS FOR EMPLOYING LOCAL WORK ERS; 25
(2) CONSULT WITH A COLLEC TIVE BARGAINING UNIT IN THE AREA ON 26
THE FURTHERANCE OF A PPRENTICESHIPS AND O THER WORKFORCE TRAIN ING 27
PROGRAMS FOR LOCAL W ORKERS; AND 28 12 SENATE BILL 1122
(3) PRIORITIZE THE HIRING OF LOCAL WORKERS . 1
9–293.9. 2
(A) IN ACCORDANCE WITH SU BSECTION (B) OF THIS SECTION, ON APPROVAL 3
OF A CLOSURE PLAN, AND EVERY 2 YEARS THEREAFTER , THE OWNER OR OPERATO R 4
OF A COAL COMBUSTION BY–PRODUCTS UNIT SHALL PUBLISH A REPORT 5
DESCRIBING: 6
(1) THE OWNER OR OPERATOR ’S CLOSURE PLAN FOR E ACH COAL 7
COMBUSTION BY –PRODUCTS UNIT ; 8
(2) ANY PROGRESS TO DATE ; 9
(3) THE AMOUNT OF COAL CO MBUSTION BY –PRODUCTS THAT HAVE 10
BEEN AND ARE EXPECTE D TO BE USED FOR ENC APSULATED BENEFICIAL USE FROM 11
EACH UNIT; 12
(4) THE AMOUNT OF COAL CO MBUSTION BY –PRODUCTS THAT HAVE 13
BEEN AND ARE EXPECTE D TO BE DIVERTED TO LANDFILLS FROM EACH UNIT; 14
(5) THE UTILIZATION OF TR ANSPORTATION OPTIONS AND ANY 15
TRANSPORTATION PLAN REQUIRED UNDER § 9–293.7 OF THIS SUBTITLE; AND 16
(6) ANY GROUNDWATER AND S URFACE WATER MONITOR ING RESULTS 17
AND ANY MEASURES TAK EN TO ADDRESS THESE RESULTS. 18
(B) THE OWNER OR OPERATOR OF A COA L COMBUSTION BY –PRODUCTS 19
UNIT SHALL: 20
(1) PUBLISH THE REPORT RE QUIRED UNDER THIS SE CTION ONLINE; 21
AND 22
(2) SUBMIT THE REPORT TO THE GOVERNOR, THE SECRETARY, THE 23
SECRETARY OF NATURAL RESOURCES, THE COMMISSION ON ENVIRONMENTAL 24
JUSTICE AND SUSTAINABLE COMMUNITIES , THE ADVISORY COUNCIL , AND, IN 25
ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE SENATE 26
COMMITTEE ON EDUCATION, ENERGY, AND THE ENVIRONMENT , THE HOUSE 27
ENVIRONMENT AND TRANSPORTATION COMMITTEE, AND THE GENERAL 28
ASSEMBLY. 29
9–293.10. 30 SENATE BILL 1122 13
AN OWNER OR OPERATOR OF A COAL COMBUSTION BY–PRODUCTS UNIT MAY 1
NOT RECOVER ANY COST S FROM THE STATE FOR ANY FINES O R PENALTIES 2
RESULTING FROM A VIO LATION OF THIS PART . 3
9–293.11. 4
(A) THERE IS A COAL COMBU STION BY–PRODUCTS COMMUNITY ADVISORY 5
COUNCIL. 6
(B) THE ADVISORY COUNCIL CONSISTS OF: 7
(1) THE SECRETARY, OR THE SECRETARY’S DESIGNEE; 8
(2) THE SECRETARY OF NATURAL RESOURCES, OR THE 9
SECRETARY’S DESIGNEE; 10
(3) THE CHAIR OF THE COMMISSION ON ENVIRONMENTAL JUSTICE 11
AND SUSTAINABLE COMMUNITIES , OR THE CHAIR’S DESIGNEE; AND 12
(4) THE FOLLOWING MEMBERS TO BE APPOINTED BY T HE 13
SECRETARY IN CONJUNCT ION WITH THE SECRETARY OF NATURAL RESOURCES: 14
(I) AT LEAST THREE , BUT NOT MORE THAN SI X, 15
REPRESENTATIVES OF T HE LOCAL GOVERNMENTS OF THE POLITICAL SUBDIVISIO NS 16
IN WHICH A COAL COMB USTION BY–PRODUCTS UNIT OR UNI TS ARE LOCATED ; 17
(II) AT LEAST THREE, BUT NOT MORE THAN SI X, SCIENTIFIC OR 18
TECHNICAL EXPERTS ; AND 19
(III) AT LEAST FIVE MEMBERS FROM AFFECTED COMMUN ITIES. 20
(C) THE ADVISORY COUN CIL SHALL ELECT A CH AIR FROM AMONG ITS 21
MEMBERS. 22
(D) THE TERM OF A MEMBER APPOINTED UNDER SUBS ECTION (B)(4) OF 23
THIS SECTION IS 4 YEARS. 24
(E) THE DEPARTMENT AND THE DEPARTMENT OF NATURAL RESOURCES 25
JOINTLY SHALL PROVID E STAFF FOR THE ADVI SORY COUNCIL . 26
(F) A MEMBER OF THE ADVISO RY COUNCIL: 27
14 SENATE BILL 1122
(1) MAY NOT RECEIVE COMPE NSATION AS A MEMBER OF THE 1
ADVISORY COUNCIL ; BUT 2
(2) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES UNDER THE 3
STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET . 4
(G) THE ADVISORY COUNCIL SHALL ADV ISE THE DEPARTMENT AND THE 5
POWER PLANT RESEARCH PROGRAM ON ALL MATTER S RELATED TO COAL 6
COMBUSTION BY –PRODUCTS STORAGE AND ITS IMPACT ON THE HE ALTH AND 7
SAFETY OF NEIGHBORIN G COMMUNITIES . 8
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 9
October 1, 2024. 10