EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0956*
SENATE BILL 956
M3 4lr1990
CF HB 1153
By: Senator Hester
Introduced and read first time: February 2, 2024
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Environment – Water Pollution Control – Protecting State Waters From PFAS 2
Pollution 3
(Protecting State Waters From PFAS Pollution Act) 4
FOR the purpose of establishing a certain discharge limit for PFAS chemicals in any water, 5
including stormwater, discharged from a certain significant industrial user; 6
requiring a certain significant industrial user to reduce PFAS chemicals from the 7
water it discharges to a publicly owned treatment works in a certain manner; 8
requiring a certain significant industrial user to store, reuse, and dispose of certain 9
PFAS chemicals in a certain manner; requiring a certain significant industrial user 10
to measure levels of organic fluorine in industrial wastewater by a certain date and 11
to report those levels to the Department of the Environment; and generally relating 12
to State waters and PFAS pollution. 13
BY repealing and reenacting, without amendments, 14
Article – Environment 15
Section 9–101(a) through (c), (g), and (i) 16
Annotated Code of Maryland 17
(2014 Replacement Volume and 2023 Supplement) 18
BY adding to 19
Article – Environment 20
Section 9–353 through 9–356 to be under the new part “Part VII. Protecting State 21
Waters From PFAS Pollution” 22
Annotated Code of Maryland 23
(2014 Replacement Volume and 2023 Supplement) 24
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25
That the Laws of Maryland read as follows: 26
Article – Environment 27 2 SENATE BILL 956
9–101. 1
(a) In this title the following words have the meanings indicated. 2
(b) “Discharge” means: 3
(1) The addition, introduction, leaking, spilling, or emitting of a pollutant 4
into the waters of this State; or 5
(2) The placing of a pollutant in a location where the pollutant is likely to 6
pollute. 7
(c) (1) “Disposal system” means a system for disposing of wastes by surface, 8
above surface, or underground methods. 9
(2) “Disposal system” includes a treatment works and a disposal well. 10
(g) “Pollutant” means: 11
(1) Any waste or wastewater that is discharged from: 12
(i) A publicly owned treatment works; or 13
(ii) An industrial source; or 14
(2) Any other liquid, gaseous, solid, or other substance that will pollute any 15
waters of this State. 16
(i) “Publicly owned treatment works” means a facility that is: 17
(1) Owned by this State or a political subdivision, municipal corporation, 18
or other public entity; and 19
(2) Used for the treatment of pollutants. 20
9–351. RESERVED. 21
9–352. RESERVED. 22
PART VII. PROTECTING STATE WATERS FROM PFAS POLLUTION. 23
9–353. 24
(A) IN THIS PART THE FOLLOWING WORDS HAVE THE MEANINGS 25
INDICATED. 26 SENATE BILL 956 3
(B) “INDUSTRIAL USER ” MEANS: 1
(1) A PERSON WHO IS ENGAGE D IN MANUFACTURING , FABRICATING, 2
OR ASSEMBLING GOODS ; OR 3
(2) A MEMBER OF ANY CLASS OF SIGNIFICANT PRODU CERS OF 4
POLLUTANTS IDENTIFIED UNDER REG ULATIONS ADOPTED BY : 5
(I) THE SECRETARY; OR 6
(II) THE ADMINISTRATOR OF THE U.S. ENVIRONMENTAL 7
PROTECTION AGENCY. 8
(C) “PFAS CHEMICALS” MEANS A CLASS OF FLU ORINATED ORGANIC 9
CHEMICALS THAT CONTA IN AT LEAST ONE FULL Y FLUORINATED CAR BON ATOM, 10
INCLUDING PERFLUOROA LKYL AND POLYFLUOROA LKYL SUBSTANCES . 11
(D) “PRETREATMENT PERMIT ” MEANS A DOCUMENT ISSUED BY THE 12
DEPARTMENT THAT AUTHORIZES A SIGNIFI CANT INDUSTRIAL USER TO INTRODUCE 13
INDUSTRIAL WASTES IN TO A PUBLICLY OWNED TREAT MENT WORKS IN COMPLIANCE 14
WITH THE PRETREATMENT REQUIRE MENTS UNDER COMAR 26.08.01.01A(69). 15
(E) “SIGNIFICANT INDUSTRIAL USER” MEANS AN INDUSTRIAL USER T HAT: 16
(1) IS SUBJECT TO CATEGORIC AL PRETREATMENT STAN DARDS 17
UNDER 40 C.F.R. PART 403.6; 18
(2) DISCHARGES AN AVERAGE OF 25,000 GALLONS PER DAY OR M ORE 19
OF PROCESS ED WASTEWATER TO A PUBLICLY OWNED TREAT MENT WORKS , NOT 20
INCLUDING SANITARY , NONCONTACT COOLING , AND BOILER BLOWDOWN 21
WASTEWATER ; 22
(3) CONTRIBUTES PROCESS ED WASTEWATER THAT MAKE S UP 5% OR 23
MORE OF THE AVERAGE DRY–WEATHER HYDRAULIC OR ORGANIC CAPACITY OF THE 24
PUBLICLY OWNED TREAT MENT WORKS ; OR 25
(4) IS DESIGNATED AS A SIGNIFICANT INDUST RIAL USER BY THE 26
PUBLICLY OWNED TREAT MENT WORKS ON THE BASIS THAT THE INDUST RIAL USER 27
HAS: 28
(I) A REASONABLE POTENTIAL FOR ADVERSELY AFFECT ING 29
THE WASTEWATER TREAT MENT PLANT’S OPERATIONS AND SEW ER SYSTEM; OR 30 4 SENATE BILL 956
(II) VIOLATED A PRETREATMENT STANDARD OR 1
REQUIREMEN T. 2
(F) “WATERS OF THE STATE” INCLUDE: 3
(1) BOTH SURFACE AND UNDERGROUND WATERS W ITHIN THE 4
BOUNDARIES OF THE STATE SUBJECT TO ITS JURISDICTION; 5
(2) THAT PORTION OF THE ATLANTIC OCEAN WITHIN THE 6
BOUNDARIES OF THE STATE; 7
(3) THE CHESAPEAKE BAY AND ITS TRIBUTARI ES; 8
(4) ALL PONDS, LAKES, RIVERS, STREAMS, PUBLIC DITCHES, TAX 9
DITCHES, AND PUBLIC DRAINAGE SYSTEMS WITHIN THE STATE, OTHER THAN THOSE 10
DESIGNED AND USED TO COLLECT, CONVEY, OR DISPOSE OF SANITA RY SEWAGE; AND 11
(5) THE FLOODPLAIN OF FRE E–FLOWING WATERS DETER MINED BY 12
THE DEPARTMENT ON THE BAS IS OF THE 100–YEAR FLOOD FREQUENCY . 13
9–354. 14
(A) THIS SECTION APPLIES TO A SIGNIFICANT INDUSTRI AL USER THAT: 15
(1) HAS A PRETREATMENT PE RMIT; AND 16
(2) (I) IS CURRENTLY AND INTENT IONALLY USING PFAS 17
CHEMICALS; OR 18
(II) OPERATES ON A SITE WHERE A PRIOR HISTORY OF PFAS 19
CHEMICAL USE IS KNOWN OR REASONABLY KNOWN . 20
(B) A SIGNIFICANT INDUSTRI AL USER SHALL ELIMINATE THE PRESENCE OF 21
PFAS CHEMICALS IN THE WATER THAT IT DISCHARGES TO A P UBLICLY OWNED 22
TREATMENT WORKS IN ACCORDANCE WITH T HIS SECTION. 23
(C) IN ACCORDANCE WITH REGULATIONS ADOPTED BY THE U.S. 24
ENVIRONMENTAL PROTECTION AGENCY REGARDING THE ELIMINATION OF PFAS 25
CHEMICALS IN WATER , THE DISCHARGE LIMIT FOR PFAS CHEMICALS IN ANY 26
WATER, INCLUDING STORMWATER , DISCHARGED FROM ANY SIGNIFICANT 27
INDUSTRIAL U SER IS 4 PARTS PER TRILLION . 28
SENATE BILL 956 5
(D) IN ACCORDANCE WITH RE GULATIONS ADOPTED BY THE U.S. 1
ENVIRONMENTAL PROTECTION AGENCY REGARDING THE ELIMINATION OF PFAS 2
CHEMICALS IN WATER , A SIGNIFICANT INDUST RIAL USER SHALL REDUCE PFAS 3
CHEMICALS FROM THE WATER THAT IT DISCHARGES TO A PUBLICLY OWNED 4
TREATMENT WORKS TO A CONCENTRATION OF NOT MORE THAN 4 PARTS PER 5
TRILLION, INCLUDING BY: 6
(1) SUBSTITUTING OR ELIMI NATING PRODUCTS CONT AINING PFAS 7
CHEMICALS; 8
(2) TAKING PRECAUTIONS TO AVOID ACCIDENTAL DIS CHARGES; 9
(3) DECONTAMINATING OR RE PLACING EQUIPMENT CONTAMINATED 10
WITH PFAS CHEMICALS; OR 11
(4) USING ANY OTHER METHOD THE U.S. ENVIRONMENTAL 12
PROTECTION AGENCY DETERMINES IS NECESSARY FOR THE ELIMINATION OF PFAS 13
CHEMICALS IN WATER . 14
(E) (1) IN ACCORDANCE WITH RE GULATIONS ADOPTED BY THE U.S. 15
ENVIRONMENTAL PROTECTION AGENCY REGARDING THE STORAGE OF PFAS 16
CHEMICALS, A SIGNIFICANT INDUST RIAL USER SHALL SAFELY STORE PFAS 17
CHEMICALS THAT WERE CAPTURED AFTER REDUCING PFAS CHEMICALS FROM 18
WATER IN ACCORDANCE WITH THIS SECT ION. 19
(2) IN ACCORDANCE WITH ANY FEDERAL , STATE, OR LOCAL LAW, 20
REGULATION , OR POLICY, A SIGNIFICANT INDUST RIAL USER MAY REUSE STORED 21
PFAS CHEMICALS IN ITS FACILITY OPERATIONS. 22
(F) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A 23
SIGNIFICANT INDUSTRI AL USER MAY DISPOSE OF STORED PFAS CHEMICALS USING 24
SAFE DISPOSAL SYSTEMS OR TECHNOLOG IES APPROVED BY THE DEPARTMENT OR 25
IN ANOTHER MANNER AP PROVED BY THE DEPARTMENT BY REGULAT ION. 26
(2) A SIGNIFICANT INDUSTRI AL USER MAY NOT DISPOSE OF STORED 27
PFAS CHEMICALS IN ANY MAN NER INVOLVING : 28
(I) DISPOSAL AT A SOLID W ASTE LANDFILL; 29
(II) INCINERATION ; OR 30
(III) LAND APPLICATION . 31
6 SENATE BILL 956
(G) A SIGNIFICANT INDUSTRI AL USER SHALL: 1
(1) (I) BY APRIL 1, 2025, MEASURE THE LEVELS O F ORGANIC 2
FLUORINE CHEMICALS IN ITS INDUSTRIAL WASTEWATE R USING METHODS 3
APPROVED BY THE DEPARTMENT ; AND 4
(II) REPORT THE LEVELS OF ORGANIC FLUORINE CHE MICALS 5
IN THE INDUSTRIAL WASTEWATE R IN A MANNER APPROV ED BY THE DEPARTMENT ; 6
(2) BY OCTOBER 1, 2025, AND IN ACCORDANCE WI TH THIS SECTION , 7
IMPLEMENT MEASURES T O REDUCE PFAS CHEMICALS FROM WATER DISCHARGE D 8
TO A PUBLICLY OWNED TREATMENT WORKS ; 9
(3) PROVIDE DOCUMENTATION OF PFAS STORAGE OR REUSE ON 10
REQUEST TO: 11
(I) THE ATTORNEY GENERAL; 12
(II) THE DEPARTMENT ; 13
(III) A COUNTY COUNCIL ; 14
(IV) A STATE’S ATTORNEY; 15
(V) A CITY ATTORNEY; OR 16
(VI) ANY OTHER STATE OR LOCAL GOVERN MENTAL ENTITY ; AND 17
(4) REPORT THE STORAGE OR DISPOSAL OF PFAS CHEMICALS 18
UNDER 40 C.F.R. PART 372 (TOXIC CHEMICAL RELEASE REPORTING). 19
(H) THE DEPARTMENT SHALL CONSIDER THE MEMORANDUM ADDRESSING 20
PFAS DISCHARGES IN NPDES PERMITS AND THROUGH THE PRETREATMENT 21
PROGRAM AND MONITORING PROGRAMS ISSUED BY TH E U.S. ENVIRONMENTAL 22
PROTECTION AGENCY ON DECEMBER 5, 2022, WHEN DETERMINING PER MISSIBLE 23
LEVELS OF ORGANIC FL UORINE CHEMICALS IN INDUSTRIAL WASTEWATE R UNDER 24
SUBSECTION (G)(1) OF THIS SECTION. 25
(I) ANY CONTRACT OR AGREE MENT BETWEEN A SIGNIFICANT INDUST RIAL 26
USER AND A PUBLICLY OWNED TREATMENT WORKS THAT AUTHORIZES A DISCHARGE 27
OF WATER INTO THE WATERS OF THE STATE THAT EXCEEDS THE DISCHARGE LIMI T 28
FOR PFAS CHEMICALS UNDER SUBS ECTION (C) OF THIS SECTION SHALL BE 29
SUPERSEDED BY THIS S ECTION. 30 SENATE BILL 956 7
9–355. 1
ON OR BEFORE DECEMBER 1, 2024, THE DEPARTMENT SHALL ADOP T 2
REGULATIONS TO INCLUDE THE DISCH ARGE LIMIT FOR PFAS CHEMICALS 3
ESTABLISHED UNDER § 9–354(C) OF THIS SUBTITLE AS A CONDITION FOR ISSUING A 4
PRETREATMENT PERMIT TO A SIGNIFICANT IND USTRIAL USER. 5
9–356. 6
(A) THE PRESENCE OF TOTAL ORGANIC FLUORINE OR PFAS CHEMICALS 7
EXCEEDING 4 PARTS PER TRILLION I N ANY DISCHARGE INTO THE WATERS OF THE 8
STATE IS A VIOLATION OF THE T ERMS OF A PRETREATME NT PERMIT. 9
(B) IN ADDITION TO A VIOL ATION UNDER SUBSECTION (A) OF THIS SECTION, 10
THE DEPARTMENT MAY ENFORC E A VIOLATION OF THI S PART IN ACCORDANCE WITH 11
REGULATIONS ADOPTED BY THE DEPARTMENT . 12
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 13
October 1, 2024. 14