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.
*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
Committee Report: Favorable with amendments
Senate action: Adopted with floor amendments
Read second time: March 15, 2024
CHAPTER ______
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 the Department of the Environment to identify certain significant industry 9
users in a certain manner by a certain date; requiring the Department to develop 10
certain PFAS monitoring and testing criteria for certain users in a certain manner 11
by a certain date; requiring the Department to develop certain PFAS action levels 12
and certain mitigation plans in a certain manner by a certain date; requiring a 13
certain significant industrial user to store, reuse, and dispose of certain PFAS 14
chemicals in a certain manner; authorizing a certain significant industrial user to 15
dispose of stored PFAS chemicals in a certain manner; requiring a certain significant 16
industrial user to measure levels of organic fluorine PFAS chemicals in industrial 17
wastewater by a certain date and to report those levels to the Department of the 18
Environment; requiring the Department to update a certain action plan on or before 19
a certain date; and generally relating to State waters and PFAS pollution. 20
BY repealing and reenacting, without amendments, 21
Article – Environment 22
Section 9–101(a) through (c), (g), and (i) 23
Annotated Code of Maryland 24 2 SENATE BILL 956
(2014 Replacement Volume and 2023 Supplement) 1
BY adding to 2
Article – Environment 3
Section 9–353 through 9–356 and 9–354 to be under the new part “Part VII. 4
Protecting State Waters From PFAS Pollution” 5
Annotated Code of Maryland 6
(2014 Replacement Volume and 2023 Supplement) 7
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 8
That the Laws of Maryland read as follows: 9
Article – Environment 10
9–101. 11
(a) In this title the following words have the meanings indicated. 12
(b) “Discharge” means: 13
(1) The addition, introduction, leaking, spilling, or emitting of a pollutant 14
into the waters of this State; or 15
(2) The placing of a pollutant in a location where the pollutant is likely to 16
pollute. 17
(c) (1) “Disposal system” means a system for disposing of wastes by surface, 18
above surface, or underground methods. 19
(2) “Disposal system” includes a treatment works and a disposal well. 20
(g) “Pollutant” means: 21
(1) Any waste or wastewater that is discharged from: 22
(i) A publicly owned treatment works; or 23
(ii) An industrial source; or 24
(2) Any other liquid, gaseous, solid, or other substance that will pollute any 25
waters of this State. 26
(i) “Publicly owned treatment works” means a facility that is: 27
(1) Owned by this State or a political subdivision, municipal corporation, 28
or other public entity; and 29
SENATE BILL 956 3
(2) Used for the treatment of pollutants. 1
9–351. RESERVED. 2
9–352. RESERVED. 3
PART VII. PROTECTING STATE WATERS FROM PFAS POLLUTION. 4
9–353. 5
(A) IN THIS PART THE FOLL OWING WORDS HAVE THE MEANINGS 6
INDICATED. 7
(B) (1) “INDUSTRIAL USER ” MEANS: 8
(1) (I) A PERSON WHO IS ENGAGE D IN MANUFACTURING , 9
FABRICATING, OR ASSEMBLING GOODS ; OR 10
(2) (II) A MEMBER OF ANY CLASS OF SIGNIFICANT PRODU CERS OF 11
POLLUTANTS IDENTIFIE D UNDER REGULATIONS ADOPTED BY: 12
(I) 1. THE SECRETARY; OR 13
(II) 2. THE ADMINISTRATOR OF THE U.S. ENVIRONMENTAL 14
PROTECTION AGENCY. 15
(2) “INDUSTRIAL USER ” DOES NOT INCLUDE THE FEDERAL, STATE, 16
AND LOCAL GOVERNMENT S. 17
(C) “PFAS CHEMICALS” MEANS A CLASS OF FLU ORINATED ORGANIC 18
CHEMICALS THAT CONTA IN AT LEAST ONE FULL Y FLUORINATED CARBON ATOM, 19
INCLUDING PERFLUOROA LKYL AND POLYFLUOROA LKYL SUBSTANCES. 20
(D) “PRETREATMENT PERMIT ” MEANS A DOCUMENT ISS UED BY THE 21
DEPARTMENT OR THE DEPARTMENT ’S DESIGNEE THAT AUTHORIZES A SI GNIFICANT 22
INDUSTRIAL USER TO I NTRODUCE INDUSTRIAL WASTES INTO A PUBLIC LY OWNED 23
TREATMENT WORKS IN C OMPLIANCE WITH THE P RETREATMENT REQUIREMENTS 24
UNDER COMAR 26.08.01.01A(69). 25
(E) (1) “SIGNIFICANT INDUSTRIA L USER” MEANS AN INDUSTRIAL USER 26
THAT: 27
(1) (I) IS SUBJECT TO CATEGOR ICAL PRETREATMENT ST ANDARDS 28
UNDER 40 C.F.R. PART 403.6; 29
4 SENATE BILL 956
(2) (II) DISCHARGES AN AVERAGE OF 25,000 GALLONS PER DAY OR 1
MORE OF PROCESSED WA STEWATER TO A PUBLIC LY OWNED TREATMENT W ORKS, 2
NOT INCLUDING SANITA RY, NONCONTACT COOLING , AND BOILER BLOWDOWN 3
WASTEWATER ; 4
(3) (III) CONTRIBUTES PROCESSED WASTEWATER THAT MAKE S UP 5
5% OR MORE OF THE AVERA GE DRY–WEATHER HYDRAULIC OR ORGA NIC CAPACITY 6
OF THE PUBLICLY OWNE D TREATMENT WORKS ; OR 7
(4) (IV) IS DESIGNATED AS A SI GNIFICANT INDUSTRIAL USER BY 8
THE PUBLICLY OWNED T REATMENT WORKS ON TH E BASIS THAT THE IND USTRIAL 9
USER HAS: 10
(I) 1. A REASONABLE POTENTIAL FOR ADVERSELY 11
AFFECTING THE WASTEW ATER TREATMENT PLANT ’S OPERATIONS AND SEW ER 12
SYSTEM; OR 13
(II) 2. VIOLATED A PRETREATME NT STANDARD OR 14
REQUIREMENT . 15
(2) “SIGNIFICANT INDUSTRIA L USER” DOES NOT INCLUDE THE 16
FEDERAL, STATE, AND LOCAL GOVERNMENT S. 17
(F) “WATERS OF THE STATE” INCLUDE: 18
(1) BOTH SURFACE AND UNDE RGROUND WATERS WITHI N THE 19
BOUNDARIES OF THE STATE SUBJECT TO ITS JURISDICTION; 20
(2) THAT PORTION OF THE ATLANTIC OCEAN WITHIN THE 21
BOUNDARIES OF THE STATE; 22
(3) THE CHESAPEAKE BAY AND ITS TRIBUT ARIES; 23
(4) ALL PONDS, LAKES, RIVERS, STREAMS, PUBLIC DITCHES , TAX 24
DITCHES, AND PUBLIC DRAINAGE SYSTEMS WITHIN THE STATE, OTHER THAN THOSE 25
DESIGNED AND USED TO COLLECT, CONVEY, OR DISPOSE OF SANITA RY SEWAGE; AND 26
(5) THE FLOODPLAIN OF FRE E–FLOWING WATE RS DETERMINED BY 27
THE DEPARTMENT ON THE BAS IS OF THE 100–YEAR FLOOD FREQUENCY . 28
9–354. 29
(A) THIS SECTION APPLIES TO A SIGNIFICANT IND USTRIAL USER THAT : 30
SENATE BILL 956 5
(1) HAS A PRETREATMENT PE RMIT; AND 1
(2) (I) IS CURRENTLY AND INTE NTIONALLY USING PFAS 2
CHEMICALS; OR 3
(II) OPERATES ON A SITE WH ERE A PRIOR HISTORY OF PFAS 4
CHEMICAL USE IS KNOW N OR REASONABLY KNOW N. 5
(B) A SIGNIFICANT INDUSTRI AL USER SHALL ELIMIN ATE THE PRESENCE OF 6
PFAS CHEMICALS IN THE WAT ER THAT IT DISCHARGE S TO A PUBLICLY OWNE D 7
TREATMENT WORKS IN ACCORDANCE WITH THIS SECTION ON OR BEFORE OCTOBER 8
1, 2024, THE DEPARTMENT SHALL , IN COLLABORATION WIT H PUBLICLY OWNED 9
TREATMENT WORKS AND SIGNIFICANT INDUSTRI AL USERS IN THE STATE, IDENTIFY 10
THE SIGNIFICANT INDU STRIAL USERS THAT CU RRENTLY AND INTENTIO NALLY USE 11
PFAS CHEMICALS. 12
(C) ON OR BEFORE JANUARY 1, 2025, IN ACCORDANCE WITH G UIDANCE 13
FROM THE U.S. ENVIRONMENTAL PROTECTION AGENCY, THE DEPARTMENT SHALL 14
DEVELOP PFAS MONITORING AND TESTI NG PROTOCOLS FOR SIG NIFICANT 15
INDUSTRIAL USERS IDE NTIFIED IN ACCORDANC E WITH SUBSECTION (B) OF THIS 16
SECTION. 17
(D) (1) ON OR BEFORE JUNE 1, 2025, THE DEPARTMENT SHALL , IN 18
COLLABORATION WITH THE PUBLICLY OWNED TREAT MENT WORKS AND THE 19
SIGNIFICANT INDUSTRI AL USERS IN THE STATE IDENTIFIED IN A CCORDANCE WITH 20
SUBSECTION (B) OF THIS SECTION , DEVELOP PFAS ACTION LEVELS FOR 21
ADDRESSING PFAS CONTAMINATION FROM I NDUSTRIAL DISCHARGE FOR 22
PRETREATMENT PERMITS . 23
(2) ON OR BEFORE SEPTEMBER 1, 2025, THE DEPARTMENT SHALL , 24
IN COLLABORATION WIT H THE PUBLICLY OWNED TREAT MENT WORKS AND THE 25
SIGNIFICANT INDUSTRI AL USERS IN THE STATE IDENTIFIED IN A CCORDANCE WITH 26
SUBSECTION (B) OF THIS SECTION, DEVELOP MITIGATION P LANS FOR ADDRESSING 27
PFAS CONTAMINATION FROM I NDUSTRIAL DISCHARGE FOR PRETREATMENT 28
PERMITS. 29
(3) THE MITIGATION PLANS UNDER PARAGRAPH (2) OF THIS 30
SUBSECTION SHALL I NCLUDE STRATEGIES AN D OPTIONS FOR REDUCI NG THE 31
PRESENCE OF PFAS IN INDUSTRIAL DISCHA RGE, INCLUDING: 32
(I) SUBSTITUTING OR ELIMI NATING PRODUCTS CONT AINING 33
PFAS CHEMICALS; 34
6 SENATE BILL 956
(II) TAKING PRECAUTIONS TO AVOID ACCIDENTAL 1
DISCHARGES; 2
(III) DECONTAMINATIN G OR REPLACING EQUIP MENT 3
CONTAMINATED WITH PFAS CHEMICALS; OR 4
(IV) USING ANY OTHER METHO D THE DEPARTMENT 5
DETERMINES IS NECESS ARY FOR THE REDUCTIO N OR ELIMINATION OF PFAS 6
CHEMICALS IN WATER . IN ACCORDANCE WITH RE GULATIONS ADOPTED BY THE U.S. 7
ENVIRONMENTAL PROTECTION AGENCY REGARDING THE ELIMINATION OF PFAS 8
CHEMICALS IN WATER , THE DISCHARGE LIMIT FOR PFAS CHEMICALS IN ANY 9
WATER, INCLUDING STORMWATER , DISCHARGED FROM ANY SIGNIFICANT 10
INDUSTRIAL USER IS 4 PARTS PER TRILLION . 11
(D) IN ACCORDANCE WI TH REGULATIONS ADOPT ED BY THE U.S. 12
ENVIRONMENTAL PROTECTION AGENCY REGARDING THE ELIMINATION OF PFAS 13
CHEMICALS IN WATER , A SIGNIFICANT INDUST RIAL USER SHALL REDU CE PFAS 14
CHEMICALS FROM THE W ATER THAT IT DISCHAR GES TO A PUBLICLY OW NED 15
TREATMENT WORKS TO A CONCENTRATION OF NOT M ORE THAN 4 PARTS PER 16
TRILLION, INCLUDING BY: 17
(1) SUBSTITUTING OR ELIMI NATING PRODUCTS CONT AINING PFAS 18
CHEMICALS; 19
(2) TAKING PRECAUTIONS TO AVOID ACCIDENTAL DIS CHARGES; 20
(3) DECONTAMINATING OR RE PLACING EQUIPMENT CO NTAMINATED 21
WITH PFAS CHEMICALS; OR 22
(4) USING ANY OTHER METHO D THE U.S. ENVIRONMENTAL 23
PROTECTION AGENCY DETERMINES IS NECESSARY FOR THE EL IMINATION OF PFAS 24
CHEMICALS IN WATER . 25
(E) (1) IN ACCORDANCE WITH RE GULATIONS ADOPTED BY THE U.S. 26
ENVIRONMENTAL PROTECTION AGENCY REGARDING THE ST ORAGE OF PFAS 27
CHEMICALS, A SIGNIFICANT INDUST RIAL USER SHALL SAFE LY STORE PFAS 28
CHEMICALS THAT WERE CAPTURED AFTER REDUC ING PFAS CHEMICALS FROM 29
WATER IN ACCORDANCE WITH THIS SECTION . 30
(2) IN ACCORDANCE WITH AN Y FEDERAL, STATE, OR LOCAL LAW, 31
REGULATION , OR POLICY, A SIGNIFICANT INDUST RIAL USER MAY REUSE STORED 32
PFAS CHEMICALS IN ITS FAC ILITY OPERATIONS . 33
SENATE BILL 956 7
(F) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A A 1
SIGNIFICANT INDUSTRI AL USER MAY DISPOSE OF STORED PFAS CHEMICALS USING 2
SAFE DISPOSAL SYSTEMS OR TE CHNOLOGIES APPROVED BY THE DEPARTMENT OR 3
IN ANOTHER MANNER AP PROVED BY THE DEPARTMENT BY REGULAT ION. 4
(2) A SIGNIFICANT INDUSTRI AL USER MAY NOT DISP OSE OF STORED 5
PFAS CHEMICALS IN ANY MAN NER INVOLVING : 6
(I) DISPOSAL AT A SOLID WASTE LANDFILL ; 7
(II) INCINERATION ; OR 8
(III) LAND APPLICATION . 9
(G) A SIGNIFICANT INDUSTRI AL USER SHALL: 10
(1) (I) BY APRIL SEPTEMBER 1, 2025, MEASURE THE LEVELS O F 11
ORGANIC FLUORINE PFAS CHEMICALS IN ITS IND USTRIAL WASTEWATER U SING 12
METHODS APPROVED BY THE DEPARTMENT ; AND 13
(II) REPORT THE LEVELS OF ORGANIC FLUORINE PFAS 14
CHEMICALS IN THE IND USTRIAL WASTEWATER I N A MANNER APPROVED BY THE 15
DEPARTMENT ; 16
(2) BY OCTOBER JULY 1, 2025 2026, AND IN ACCORDANCE WI TH THIS 17
SECTION, IMPLEMENT MEASURES TO REDUCE PFAS CHEMICALS FROM WATER 18
DISCHARGED TO A PUBL ICLY OWNED TREATMENT WORKS; 19
(3) PROVIDE DOCUMENTATION OF PFAS STORAGE OR REUSE ON 20
REQUEST TO: 21
(I) THE ATTORNEY GENERAL; 22
(II) THE DEPARTMENT ; 23
(III) A COUNTY COUNCIL ; 24
(IV) A STATE’S ATTORNEY; 25
(V) A CITY ATTORNEY; OR 26
(VI) ANY OTHER STATE OR LOCAL GOVERN MENTAL ENTITY ; AND 27
(4) REPORT THE STORAGE OR DISPOSAL OF PFAS CHEMICALS 28
UNDER 40 C.F.R. PART 372 (TOXIC CHEMICAL RELEASE REPORTING). 29 8 SENATE BILL 956
(H) THE DEPARTMENT SHALL CONS IDER THE MEMORANDUM ADDRESSING 1
PFAS DISCHARGES IN NPDES PERMITS AND THROUGH THE PRETREATMENT 2
PROGRAM AND MONITORING PROGRAMS ISSUED BY TH E U.S. ENVIRONMENTAL 3
PROTECTION AGENCY ON DECEMBER 5, 2022, WHEN DETERMINING PER MISSIBLE 4
LEVELS OF ORGANIC FL UORINE CHEMICALS IN INDUSTRIAL WASTEWATE R UNDER 5
SUBSECTION (G)(1) OF THIS SECTION. 6
(I) ANY CONTRACT OR AGREE MENT BETWEEN A SIGNI FICANT INDUSTRIAL 7
USER AND A PUBLICLY OWNED TREATMENT WORK S THAT AUTHORIZES A DISCHARGE 8
OF WATER INTO THE WA TERS OF THE STATE THAT EXCEEDS TH E DISCHARGE LIMIT 9
FOR PFAS CHEMICALS UNDER SUBS ECTION (C) OF THIS SECTION SHAL L BE 10
SUPERSEDED BY THIS S ECTION. 11
9–355. 12
ON OR BEFORE DECEMBER 1, 2024, THE DEPARTMENT SHALL ADOP T 13
REGULATIONS TO INCLU DE THE DISCHARGE LIM IT FOR PFAS CHEMICALS 14
ESTABLISHED UNDER § 9–354(C) OF THIS SUBTITLE AS A CONDITION FOR ISSU ING A 15
PRETREATMENT PERMIT TO A SIGNIFICANT IND USTRIAL USER. 16
9–356. 17
(A) THE PRESENCE OF TOTAL ORGANIC FLUORINE OR PFAS CHEMICALS 18
EXCEEDING 4 PARTS PER TRILLION I N ANY DISCHARGE INTO THE WATERS OF THE 19
STATE IS A VIOLATION OF THE TERMS OF A PR ETREATMENT PERMIT . 20
(B) IN ADDITION TO A VIOL ATION UNDER SUBSECTI ON (A) OF THIS SECTION, 21
THE DEPARTMENT MAY ENFORC E A VIOLATION OF THI S PART IN ACCORDANCE WITH 22
REGULATIONS ADOPTED BY THE DEPARTMENT . 23
SECTION 2. AND BE FURTHER ENACTED, That on or before December 1, 2025, 24
the Department of the Environment shall update the Department’s PFAS Action Plan with 25
an evaluation of disposal methods for PFAS chemicals and the progress made on the 26
requirements of this Act. 27
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 28
October July 1, 2024. 29