EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0942*
SENATE BILL 942
M3 4lr3324
CF 4lr2051
By: Senator Gile
Introduced and read first time: February 2, 2024
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Environment – Managed Aquifer Recharge Pilot Program – Establishment 2
FOR the purpose of establishing the Managed Aquifer Recharge Pilot Program; authorizing 3
the Department of the Environment to review, permit, and regulate a process to test 4
the use of treated reclaimed water from a demonstration facility as a source for 5
groundwater augmentation under certain circumstances; and generally relating to 6
the Managed Aquifer Recharge Pilot Program. 7
BY repealing and reenacting, with amendments, 8
Article – Environment 9
Section 1–601(a) 10
Annotated Code of Maryland 11
(2013 Replacement Volume and 2023 Supplement) 12
BY repealing and reenacting, without amendments, 13
Article – Environment 14
Section 9–301(a) and (f) 15
Annotated Code of Maryland 16
(2014 Replacement Volume and 2023 Supplement) 17
BY adding to 18
Article – Environment 19
Section 9–303.4 20
Annotated Code of Maryland 21
(2014 Replacement Volume and 2023 Supplement) 22
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23
That the Laws of Maryland read as follows: 24
Article – Environment 25
2 SENATE BILL 942
1–601. 1
(a) Permits issued by the Department under the following sections shall be issued 2
in accordance with this subtitle: 3
(1) Air quality control permits to construct subject to § 2–404 of this article; 4
(2) Permits to install, materially alter, or materially extend landfill 5
systems, incinerators for public use, or rubble landfills subject to § 9–209 of this article; 6
(3) Permits to discharge pollutants to waters of the State issued pursuant 7
to § 9–323 of this article; 8
(4) Permits to install, materially alter, or materially extend a structure 9
used for storage or distribution of any type of sewage sludge issued, renewed, or amended 10
pursuant to § 9–234.1 or § 9–238 of this article; 11
(5) Permits to own, operate, establish, or maintain a controlled hazardous 12
substance facility issued pursuant to § 7–232 of this article; 13
(6) Permits to own, operate, or maintain a hazardous material facility 14
issued pursuant to § 7–103 of this article; 15
(7) Permits to own, operate, establish, or maintain a low–level nuclear 16
waste facility issued pursuant to § 7–233 of this article; [and] 17
(8) Potable reuse permits issued in accordance with § 9–303.2 of this 18
article; AND 19
(9) MANAGED AQUIFER RECHA RGE PILOT PERMITS IS SUED IN 20
ACCORDANCE WITH § 9–303.4 OF THIS ARTICLE . 21
9–301. 22
(a) In this subtitle the following words have the meanings indicated. 23
(f) “Reclaimed water” means sewage that: 24
(1) Has been treated to a high quality suitable for various reuses; and 25
(2) Has a concentration of less than: 26
(i) 3 fecal coliform colonies per 100 milliliters; 27
(ii) 10 milligrams per liter of 5–day biological oxygen demand; and 28
(iii) 10 milligrams per liter of total suspended solids. 29 SENATE BILL 942 3
9–303.4. 1
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 2
INDICATED. 3
(2) “DEMONSTRATION FACILIT Y” MEANS AN A DVANCED WATER 4
TREATMENT FACILITY A PPROVED UNDER A MANA GED AQUIFER RECHARGE PERMIT 5
TO TREAT RECLAIMED W ATER FOR USE AS A SO URCE FOR TESTING GRO UNDWATER 6
AUGMENTATION . 7
(3) “MANAGED AQUIFER RECHA RGE PERMIT ” MEANS A PERMIT 8
ISSUED BY THE DEPARTMENT TO AUTHORI ZE AND REGULATE THE TREATMENT AND 9
UNDERGROUND INJECTIO N OF TREATED RECLAIM ED WATER FOR THE PUR POSE OF 10
TESTING THE FEASIBIL ITY OF AND REQUIREME NTS FOR SAFELY CONDU CTING 11
GROUNDWATER AUGMENTA TION. 12
(4) “PFAS CHEMICALS” MEANS PER – AND POLYFLUOROALKYL 13
SUBSTANCES. 14
(5) “PILOT PROGRAM” MEANS THE MANAGED AQUIFER RECHARGE 15
PILOT PROGRAM. 16
(B) THERE IS A MANAGED AQUIFER RECHARGE PILOT PROGRAM IN THE 17
DEPARTMENT . 18
(C) THE PURPOSE OF THE PILOT PROGRAM IS TO AUTHORI ZE THE TESTING 19
OF THE REGULATED USE OF TREATED RECL AIMED WATER AS A SOU RCE FOR 20
GROUNDWATER AUGMENTA TION THROUGH THE ISS UANCE OF MANAGED AQU IFER 21
RECHARGE PERMITS . 22
(D) (1) THE DEPARTMENT MAY REVIEW , PERMIT, AND REGULATE A 23
PROCESS TO TEST THE USE OF TREATED RECLA IMED WATER FROM A 24
DEMONSTRATION FACILI TY AS A SOURCE FOR GROUNDWAT ER AUGMENTATION 25
THROUGH A MANAGED AQ UIFER RECHARGE PERMI T IF THE DEPARTMENT 26
DETERMINES THAT : 27
(I) THE RECLAIMED WATER W ILL BE TREATED AT A 28
DEMONSTRATION FACILI TY TO MEET OR SURPAS S THE FOLLOWING REQU IREMENTS: 29
1. PRIMARY AND SECONDARY MAXIMUM CO NTAINMENT 30
LEVELS ESTABLISHED B Y: 31
4 SENATE BILL 942
A. THE U.S. ENVIRONMENTAL PROTECTION AGENCY 1
UNDER 40 C.F.R. §§ 141 AND 143; AND 2
B. THE DEPARTMENT UNDER COMAR 26.04.01; 3
2. TREATMENT FOR REMOVAL OF PATHOGENS AT THE 4
WASTEWATER TREATMENT STAGE AND ADVANCED WAT ER TREATMENT STAGE T HAT, 5
IN TOTAL, MEETS OR EXCEEDS : 6
A. 12 LOG FOR ENTERIC VIRU S REDUCTION; 7
B. 10 LOG FOR GIARDIA CYST REDUCTIO N; AND 8
C. 10 LOG CRYPTOSPORIDIUM OOCYS T REDUCTION; AND 9
3. MAXIMUM CONCENTRATION S OF PFAS CHEMICALS 10
ESTABLISHED BY THE DEPARTMENT AND SPECIF IED IN ANY PRIMARY D RINKING 11
WATER REGULATIONS ES TABLISHED BY THE U.S. ENVIRONMENTAL PROTECTION 12
AGENCY IN A FINAL RUL EMAKING UNDER THE FE DERAL SAFE DRINKING WATER 13
ACT; 14
(II) THE TREATED RECLAIMED WATER WILL UNDERGO TESTING 15
AND REPORTING TO VER IFY THAT THE REQUIRE MENTS OF ITEM (I) OF THIS 16
PARAGRAPH ARE MET ; 17
(III) THE TREATMENT OF THE RECLAIMED WATER INCL UDES 18
REVERSE OSMOSIS ; 19
(IV) THE APPLICANT HAS IN PLACE A DETAILED TES TING AND 20
MONITORING PLAN TO D EMONSTRATE FACILITY PERFORMANCE AND 21
GROUNDWATER COMPATIB ILITY DURING UNDERGR OUND INJECTION , INCLUDING 22
ESTABLISHING PARAMET ERS FOR AUTHORIZING UNDERGROUND INJECTIO NS AND 23
REQUIRING ALTERNATIV E METHODS OF USE OR DISPOSAL WHEN THE IN JECTION 24
PARAMETERS ARE NOT MET; 25
(V) THE APPLICANT GIVES T HE DEPARTMENT THE RIGHT OF 26
ENTRY ON THE PERMIT SITE AT ANY REASONAB LE TIME TO INSPECT O R 27
INVESTIGATE FOR A VI OLATION OR ANY POTEN TIAL VIOLATION OF TH E MANAGED 28
AQUIFER RECHARGE PER MIT; 29
(VI) THE PROCESS INCLUDES APPROPRIATE RECORD–KEEPING 30
REQUIREMENTS ; AND 31
SENATE BILL 942 5
(VII) THE PROCESS COMPLIES WITH ALL OTHER APPLI CABLE 1
STATUTORY AND REGULA TORY REQUIREMENTS . 2
(2) THE DEPARTMENT MAY APPROV E THE USE BY A DEMON STRATION 3
FACILITY OF ANY DRIN KING WATER TREATMENT TECHNOLOGIES THAT HAVE THE 4
CAPABILITY TO MEET T HE REQUIREMENTS OF P ARAGRAPH (1)(I) OF THIS 5
SUBSECTION, INCLUDING NONMEMBRAN E TREATMENT SYSTEMS . 6
(E) (1) THE DEPARTMENT MAY INCLUD E IN A MANAGED AQUIF ER 7
RECHARGE PERMIT ANY TERM, CONDITION, OR REQUIREMENT THAT THE 8
DEPARTMENT CONSIDERS APPROPRIAT E TO PROTECT PUBLIC HEALTH OR THE 9
ENVIRONMENT . 10
(2) THE REQUIREMENTS OF A MANAGED AQUIFER RECH ARGE PERMIT 11
ARE SUPPLEMENTAL TO AND DO NOT OVERRIDE ANY OTHER LAW , REGULATION , 12
PERMIT, ORDER, OR DECREE. 13
(3) THE PROVISIONS OF TITLE 1, SUBTITLE 6 OF THIS ARTICLE 14
SHALL GOVERN THE ISS UANCE OF MANAGED AQU IFER RECHARGE PERMIT S. 15
(F) A SUCCESSFUL APPLICATI ON FOR A MANAGED AQU IFER RECHARGE 16
PERMIT SHALL : 17
(1) DEMONSTRATE TO THE SA TISFACTION OF THE DEPARTMENT : 18
(I) THE ABILITY TO COMPLY WITH THE REQUIREMENTS O F 19
THIS SECTION; 20
(II) THE APPLICANT ’S AVAILABLE FUNDING FOR THE 21
CONSTRUCTION AND OPE RATION OF THE DEMONS TRATION FACILITY ; 22
(III) THE TECHNICAL AND ADM INISTRATIVE CAPACITY TO 23
PERFORM THE PROCESS COVERED UNDER THE PE RMIT; AND 24
(IV) THAT ALL NECESSARY PL ANNING AND ENGINEERI NG 25
DESIGN IS COMPLETE ; AND 26
(2) INCLUDE ANY ADDITIONA L INFORMATION REQUES TED BY THE 27
DEPARTMENT . 28
(G) THE DEPARTMENT MAY REFUSE TO ISSUE A MANAGED A QUIFER 29
RECHARGE PERMIT IF : 30
6 SENATE BILL 942
(1) THE APPLICANT FAILS T O PROVI DE ANY INFORMATION 1
REQUESTED BY THE DEPARTMENT ; 2
(2) THE APPLICANT FAILS O R REFUSES TO ALLOW T HE DEPARTMENT 3
TO INSPECT THE PERMI T SITE; 4
(3) THE DEPARTMENT FINDS THAT ISSUANCE OF THE PERM IT WOULD 5
VIOLATE ANY STATE OR FEDERAL LAW OR ANY REGULATION ADOPTED UNDER ANY 6
STATE OR FEDERAL LAW ; 7
(4) THE SOURCE OF THE REC LAIMED WATER FAILS T O COMPLY WITH 8
ANY STATE OR FEDERAL LAW , ANY REGULATION ADOPT ED UNDER ANY STATE OR 9
FEDERAL LAW , OR ANY PERMIT ; OR 10
(5) THE APPLICANT FAILS T O DEMONSTRATE COMPLI ANCE WITH 11
THIS SECTION TO THE DEPARTMENT ’S SATISFACTION. 12
(H) (1) A MANAGED AQUIFER RECH ARGE PERMIT ISSUED U NDER THE 13
PILOT PROGRAM SHALL BE EFFE CTIVE FOR 10 YEARS FROM THE DATE OF 14
ISSUANCE. 15
(2) THE DEPARTMENT MAY RENEW A MANAGED AQUIFER RE CHARGE 16
PERMIT FOR AN ADDITIONAL PERIOD OR PERIODS OF 5 YEARS FOLLOWING 17
ADMINISTRATIVE REVIE W BY THE DEPARTMENT AND SUBJEC T TO THE PROVISIONS 18
OF TITLE 1, SUBTITLE 6 OF THIS ARTICLE. 19
(I) THE DEPARTMENT MAY REVOKE A MANAGED AQUIFER RE CHARGE 20
PERMIT ISSUED UNDER THIS SECTION IF THE DEPARTMENT FINDS THAT : 21
(1) THE APPLICATION INCLU DED FALSE OR INACCUR ATE 22
INFORMATION ; 23
(2) CONDITIONS OR REQUIRE MENTS OF THE PERMIT HAVE BEEN OR 24
ARE ABOUT TO BE VIOL ATED; 25
(3) SUBSTANTIAL DEVIATION FROM PLANS , SPECIFICATIONS , OR 26
REQUIREMENTS HA S OCCURRED OR IS ABO UT TO OCCUR; 27
(4) THE DEPARTMENT IS REFUSED ENTRY TO ANY PREMISE S FOR 28
THE PURPOSE OF INSPE CTING THE PROCESS TO ENSURE COMPLIANCE WI TH THE 29
PERMIT; 30
(5) A CHANGE IN CONDITIONS EXISTS THAT REQUIRES THE 31 SENATE BILL 942 7
TEMPORARY OR PERMANE NT REDUCTION OR ELIMINATION OF TH E USE OF TREATED 1
RECLAIMED WATER FOR GROUNDWATER AUGMENTA TION; 2
(6) THERE IS ANY NONCOMPL IANCE WITH A DISCHAR GE PERMIT OR A 3
PRETREATMENT REQUIRE MENT THAT MAY AFFECT THE RECLAIMED WATER IN ANY 4
MANNER; 5
(7) ANY STATE OR FEDERAL WATE R QUALITY STANDARD OR 6
EFFLUENT LIMITATION HAS BEEN OR IS THREA TENED TO BE VIOLATED ; 7
(8) ANY STATE OR FEDERAL REQU IREMENT ESTABLISHED UNDER 8
THE FEDERAL SAFE DRINKING WATER ACT, SUBTITLE 4 OF THIS TITLE, OR TITLE 9
12 OF THIS ARTICLE HAS BEEN OR IS THREATENE D TO BE VIOLATED ; OR 10
(9) THE TREATED RECLAIMED WATER MAY THREATEN P UBLIC 11
HEALTH, SAFETY, COMFORT, OR THE ENVIRONMENT . 12
(J) (1) ON OR BEFORE SEPTEMBER 1 EACH YEAR, EACH HOLDER OF A 13
MANAGED AQUIFER RECH ARGE PERMIT SHALL RE PORT TO THE DEPARTMENT ON : 14
(I) THE APPLIED SCIENTIFI C RESULTS OF ANY 15
DEMONSTRATION FACILI TY OR GROUNDWATER AU GMENTATION ACTIVITIE S 16
UNDERTAKEN UNDER THE PILOT PROGRAM; AND 17
(II) ANY RECOMMENDATIONS F OR THE PILOT PROGRAM BASED 18
ON THE HOLDER ’S EXPERIENCE IN THE PILOT PROGRAM. 19
(2) ON OR BEFORE DECEMBER 31 EACH YEAR, THE DEPARTMENT 20
SHALL REPORT TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE 21
STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY ON: 22
(I) THE STATUS OF THE PILOT PROGRAM; 23
(II) ANY SCIENTIFIC RESULT S AND RECOMMEND ATIONS 24
REPORTED UNDER PARAG RAPH (1) OF THIS SUBSECTION ; 25
(III) WHETHER THE PILOT PROGRAM SHOULD BE MOD IFIED, 26
EXTENDED, OR MADE PERMANENT ; AND 27
(IV) ANY STATUTORY OR REGU LATORY CHANGES THAT THE 28
DEPARTMENT RECOMMENDS TO PERMANENTLY AUTHO RIZE THE REGULA TED USE 29
OF TREATED RECLAIMED WATER AS A SOURCE FO R GROUNDWATER AUGMEN TATION, 30
IF APPROPRIATE . 31 8 SENATE BILL 942
(K) THE DEPARTMENT MAY ADOPT REGULATIONS TO CARRY OUT THIS 1
SECTION. 2
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 3
October 1, 2024. 4