MD
Maryland Senate Bill SB956

Maryland 2024 Regular Session

Maryland Senate Bill SB956 Compare Versions

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1- WES MOORE, Governor Ch. 557
21
3-– 1 –
4-Chapter 557
5-(Senate Bill 956)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ Italics indicate opposite chamber/conference committee amendments.
9+ *sb0956*
810
9-Environment – Water Pollution Control – Protecting State Waters From PFAS
10-Pollution
11-(Protecting State Waters From PFAS Pollution Act)
11+SENATE BILL 956
12+M3 (4lr1990)
13+ENROLLED BILL
14+— Education, Energy, and the Environment/Environment and Transportation —
15+Introduced by Senator Hester
1216
13-FOR the purpose of establishing a certain discharge limit for PFAS chemicals in any water,
14-including stormwater, discharged from a certain significant industrial user;
15-requiring a certain significant industrial user to reduce PFAS chemicals from the
16-water it discharges to a publicly owned treatment works in a certain manner;
17-requiring the Department of the Environment to identify certain significant industry
18-industrial users in a certain manner by a certain date; requiring the Department to
19-develop certain PFAS monitoring and testing criteria for certain users in a certain
20-manner by a certain date; requiring the Department to develop certain PFAS action
21-levels and certain mitigation plans in a certain manner by a certain date; requiring
22-a certain significant industrial user to store, reuse, and dispose of certain PFAS
23-chemicals in a certain manner; authorizing a certain significant industrial user to
24-dispose of stored PFAS chemicals in a certain manner; requiring a certain significant
25-industrial user to measure levels of organic fluorine PFAS chemicals in industrial
26-wastewater by a certain date and to report those levels to the Department of the
27-Environment; requiring the Department to update a certain action plan on or before
28-a certain date; and generally relating to State waters and PFAS pollution.
17+Read and Examined by Proofreaders:
2918
30-BY repealing and reenacting, without amendments,
31- Article – Environment
32-Section 9–101(a) through (c), (g), and (i)
33- Annotated Code of Maryland
34- (2014 Replacement Volume and 2023 Supplement)
19+_______________________________________________
20+Proofreader.
21+_______________________________________________
22+Proofreader.
3523
36-BY adding to
37- Article – Environment
38-Section 9–353 through 9–356 and 9–354 to be under the new part “Part VII.
39-Protecting State Waters From PFAS Pollution”
40- Annotated Code of Maryland
41- (2014 Replacement Volume and 2023 Supplement)
24+Sealed with the Great Seal and presented to the Governor, for his approval this
4225
43- SECTION 1. BE IT ENACTED BY THE GENE RAL ASSEMBLY OF MARYLAND,
44-That the Laws of Maryland read as follows:
26+_______ day of _______________ at ________________________ o’clock, ________M.
4527
46-Article – Environment
28+______________________________________________
29+President.
4730
48-9–101.
49- Ch. 557 2024 LAWS OF MARYLAND
31+CHAPTER ______
5032
51-– 2 –
52- (a) In this title the following words have the meanings indicated.
33+AN ACT concerning 1
5334
54- (b) “Discharge” means:
35+Environment – Water Pollution Control – Protecting State Waters From PFAS 2
36+Pollution 3
37+(Protecting State Waters From PFAS Pollution Act) 4
5538
56- (1) The addition, introduction, leaking, spilling, or emitting of a pollutant
57-into the waters of this State; or
39+FOR the purpose of establishing a certain discharge limit for PFAS chemicals in any water, 5
40+including stormwater, discharged from a certain significant industrial user; 6
41+requiring a certain significant industrial user to reduce PFAS chemicals from the 7
42+water it discharges to a publicly owned treatment works in a certain manner; 8
43+requiring the Department of the Environment to identify certain significant industry 9
44+industrial users in a certain manner by a certain date; requiring the Department to 10
45+develop certain PFAS monitoring and testing criteria for certain users in a certain 11
46+manner by a certain date; requiring the Department to develop certain PFAS action 12
47+levels and certain mitigation plans in a certain manner by a certain date; requiring 13
48+a certain significant industrial user to store, reuse, and dispose of certain PFAS 14
49+chemicals in a certain manner; authorizing a certain significant industrial user to 15 2 SENATE BILL 956
5850
59- (2) The placing of a pollutant in a location where the pollutant is likely to
60-pollute.
6151
62- (c) (1) “Disposal system” means a system for disposing of wastes by surface,
63-above surface, or underground methods.
52+dispose of stored PFAS chemicals in a certain manner; requiring a certain significant 1
53+industrial user to measure levels of organic fluorine PFAS chemicals in industrial 2
54+wastewater by a certain date and to report those levels to the Department of the 3
55+Environment; requiring the Department to update a certain action plan on or before 4
56+a certain date; and generally relating to State waters and PFAS pollution. 5
6457
65- (2) “Disposal system” includes a treatment works and a disposal well.
58+BY repealing and reenacting, without amendments, 6
59+ Article – Environment 7
60+Section 9–101(a) through (c), (g), and (i) 8
61+ Annotated Code of Maryland 9
62+ (2014 Replacement Volume and 2023 Supplement) 10
6663
67- (g) “Pollutant” means:
64+BY adding to 11
65+ Article – Environment 12
66+Section 9–353 through 9–356 and 9–354 to be under the new part “Part VII. 13
67+Protecting State Waters From PFAS Pollution” 14
68+ Annotated Code of Maryland 15
69+ (2014 Replacement Volume and 2023 Supplement) 16
6870
69- (1) Any waste or wastewater that is discharged from:
71+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
72+That the Laws of Maryland read as follows: 18
7073
71- (i) A publicly owned treatment works; or
74+Article – Environment 19
7275
73- (ii) An industrial source; or
76+9–101. 20
7477
75- (2) Any other liquid, gaseous, solid, or other substance that will pollute any
76-waters of this State.
78+ (a) In this title the following words have the meanings indicated. 21
7779
78- (i) “Publicly owned treatment works” means a facility that is:
80+ (b) “Discharge” means: 22
7981
80- (1) Owned by this State or a political subdivision, municipal corporation,
81-or other public entity; and
82+ (1) The addition, introduction, leaking, spilling, or emitting of a pollutant 23
83+into the waters of this State; or 24
8284
83- (2) Used for the treatment of pollutants.
85+ (2) The placing of a pollutant in a location where the pollutant is likely to 25
86+pollute. 26
8487
85-9–351. RESERVED.
88+ (c) (1) “Disposal system” means a system for disposing of wastes by surface, 27
89+above surface, or underground methods. 28
8690
87-9–352. RESERVED.
91+ (2) “Disposal system” includes a treatment works and a disposal well. 29
8892
89-PART VII. PROTECTING STATE WATERS FROM PFAS POLLUTION.
93+ (g) “Pollutant” means: 30
9094
91-9–353.
95+ (1) Any waste or wastewater that is discharged from: 31
9296
93- (A) IN THIS PART THE FOLL OWING WORDS HAVE THE MEANINGS
94-INDICATED.
97+ (i) A publicly owned treatment works; or 32
98+ SENATE BILL 956 3
9599
96- (B) (1) “INDUSTRIAL USER ” MEANS: WES MOORE, Governor Ch. 557
97100
98-– 3 –
101+ (ii) An industrial source; or 1
99102
100- (1) (I) A PERSON WHO IS ENGAGE D IN MANUFACTURING ,
101-FABRICATING, OR ASSEMBLING GOODS ; OR
103+ (2) Any other liquid, gaseous, solid, or other substance that will pollute any 2
104+waters of this State. 3
102105
103- (2) (II) A MEMBER OF ANY CLASS OF SIGNIFICANT PRODU CERS OF
104-POLLUTANTS IDENTIFIE D UNDER REGULATIONS ADOPTED BY:
106+ (i) “Publicly owned treatment works” means a facility that is: 4
105107
106- (I) 1. THE SECRETARY; OR
108+ (1) Owned by this State or a political subdivision, municipal corporation, 5
109+or other public entity; and 6
107110
108- (II) 2. THE ADMINISTRATOR OF THE U.S. ENVIRONMENTAL
109-PROTECTION AGENCY.
111+ (2) Used for the treatment of pollutants. 7
110112
111- (2) “INDUSTRIAL USER ” DOES NOT INCLUDE THE FEDERAL, STATE,
112-AND LOCAL GOVERNMENT S.
113+9–351. RESERVED. 8
113114
114- (C) “PFAS CHEMICALS” MEANS A CLASS OF FLU ORINATED ORGANIC
115-CHEMICALS THAT CONTA IN AT LEAST ONE FULL Y FLUORINATED CARBON ATOM,
116-INCLUDING PERFLUOROA LKYL AND POLYFLUOROA LKYL SUBSTANCES .
115+9–352. RESERVED. 9
117116
118- (D) “PRETREATMENT PERMIT ” MEANS A DOCUMENT ISS UED BY THE
119-DEPARTMENT OR THE DEPARTMENT ’S DESIGNEE THAT AUTHORIZES A SI GNIFICANT
120-INDUSTRIAL USER TO I NTRODUCE INDUSTRIAL WASTES INTO A PUBLIC LY OWNED
121-TREATMENT WORKS IN C OMPLIANCE WITH THE P RETREATMENT REQUIREM ENTS
122-UNDER COMAR 26.08.01.01A(69) 26.08.01.01B(69).
117+PART VII. PROTECTING STATE WATERS FROM PFAS POLLUTION. 10
123118
124- (E) (1) “SIGNIFICANT INDUSTRIA L USER” MEANS AN INDUSTRIAL USER
125-THAT:
119+9–353. 11
126120
127- (1) (I) IS SUBJECT TO CATEGOR ICAL PRETREATMENT ST ANDARDS
128-UNDER 40 C.F.R. PART 403.6;
121+ (A) IN THIS PART THE FOLL OWING WORDS HAVE THE MEANINGS 12
122+INDICATED. 13
129123
130- (2) (II) DISCHARGES AN AVERAGE OF 25,000 GALLONS PER DAY OR
131-MORE OF PROCESSED WA STEWATER TO A PUBLIC LY OWNED TREATMENT W ORKS,
132-NOT INCLUDING SANITARY, NONCONTACT COOLING , AND BOILER BLOWDOWN
133-WASTEWATER ;
124+ (B) (1) “INDUSTRIAL USER ” MEANS: 14
134125
135- (3) (III) CONTRIBUTES PROCESSED WASTEWATER THAT MAKE S UP
136-5% OR MORE OF THE AVERA GE DRY–WEATHER HYDRAULIC OR ORGANIC CAPACITY
137-OF THE PUBLICLY OWNE D TREATMENT WORKS ; OR
126+ (1) (I) A PERSON WHO IS ENGAGE D IN MANUFACTURING , 15
127+FABRICATING, OR ASSEMBLING GOODS ; OR 16
138128
139- (4) (IV) IS DESIGNATED AS A SIGN IFICANT INDUSTRIAL U SER BY
140-THE PUBLICLY OWNED T REATMENT WORKS ON TH E BASIS THAT THE IND USTRIAL
141-USER HAS:
142- Ch. 557 2024 LAWS OF MARYLAND
129+ (2) (II) A MEMBER OF ANY CLASS OF SIGNIFICANT PRODU CERS OF 17
130+POLLUTANTS IDENTIFIE D UNDER REGULATIONS ADOPTED BY: 18
143131
144-– 4 –
145- (I) 1. A REASONABLE POTENTIAL FOR ADVERSELY
146-AFFECTING THE WASTEW ATER TREATMENT PLANT ’S OPERATIONS AND SEW ER
147-SYSTEM; OR
132+ (I) 1. THE SECRETARY; OR 19
148133
149- (II) 2. VIOLATED A PRETREATME NT STANDARD OR
150-REQUIREMENT .
134+ (II) 2. THE ADMINISTRATOR OF THE U.S. ENVIRONMENTAL 20
135+PROTECTION AGENCY. 21
151136
152- (2) “SIGNIFICANT INDUSTRIA L USER” DOES NOT INCLUDE THE
153-FEDERAL, STATE, AND LOCAL GOVERNMENT S.
137+ (2) “INDUSTRIAL USER ” DOES NOT INCLUDE THE FEDERAL, STATE, 22
138+AND LOCAL GOVERNMENT S. 23
154139
155- (F) “WATERS OF THE STATE” INCLUDE:
140+ (C) “PFAS CHEMICALS” MEANS A CLASS OF FLU ORINATED ORGANIC 24
141+CHEMICALS THAT CONTA IN AT LEAST ONE FULLY FLUORINATE D CARBON ATOM , 25
142+INCLUDING PERFLUOROA LKYL AND POLYFLUOROA LKYL SUBSTANCES . 26
156143
157- (1) BOTH SURFACE AND UNDE RGROUND WATERS WITHI N THE
158-BOUNDARIES OF THE STATE SUBJECT TO ITS JURISDICTION;
144+ (D) “PRETREATMENT PERMIT ” MEANS A DOCUMENT ISS UED BY THE 27
145+DEPARTMENT OR THE DEPARTMENT ’S DESIGNEE THAT AUTHORIZES A SI GNIFICANT 28 4 SENATE BILL 956
159146
160- (2) THAT PORTION OF THE ATLANTIC OCEAN WITHIN THE
161-BOUNDARIES OF THE STATE;
162147
163- (3) THE CHESAPEAKE BAY AND ITS TRIBUTARI ES;
148+INDUSTRIAL USER TO I NTRODUCE INDUSTRIAL WASTES INTO A PUBLIC LY OWNED 1
149+TREATMENT WORKS IN C OMPLIANCE WITH THE P RETREATMENT REQUIREM ENTS 2
150+UNDER COMAR 26.08.01.01A(69) 26.08.01.01B(69). 3
164151
165- (4) ALL PONDS, LAKES, RIVERS, STREAMS, PUBLIC DITCHES , TAX
166-DITCHES, AND PUBLIC DRAINAGE SYSTEMS WITHIN THE STATE, OTHER THAN THOSE
167-DESIGNED AND USED TO COLLECT, CONVEY, OR DISPOSE OF SANITA RY SEWAGE; AND
152+ (E) (1) “SIGNIFICANT INDUSTRIA L USER” MEANS AN INDUSTRIAL USER 4
153+THAT: 5
168154
169- (5) THE FLOODPLAIN OF FRE E–FLOWING WATERS DETER MINED BY
170-THE DEPARTMENT ON THE BAS IS OF THE 100–YEAR FLOOD FREQUENCY .
155+ (1) (I) IS SUBJECT TO CATEGOR ICAL PRETREATMENT ST ANDARDS 6
156+UNDER 40 C.F.R. PART 403.6; 7
171157
172-9–354.
158+ (2) (II) DISCHARGES AN AVERAGE OF 25,000 GALLONS PER DAY OR 8
159+MORE OF PROCESSED WA STEWATER TO A PUBLIC LY OWNED TREATMENT W ORKS, 9
160+NOT INCLUDING SANITARY, NONCONTACT COOLING , AND BOILER BLOWDOWN 10
161+WASTEWATER ; 11
173162
174- (A) THIS SECTION APPLIES TO A S IGNIFICANT INDUSTRIA L USER THAT:
163+ (3) (III) CONTRIBUTES PROCESSED WASTEWATER THAT MAKE S UP 12
164+5% OR MORE OF THE AVERA GE DRY–WEATHER HYDRAULIC OR ORGANIC CAPACITY 13
165+OF THE PUBLICLY OWNE D TREATMENT WORKS ; OR 14
175166
176- (1) HAS A PRETREATMENT PE RMIT; AND
167+ (4) (IV) IS DESIGNATED AS A SIGN IFICANT INDUSTRIAL U SER BY 15
168+THE PUBLICLY OWNED T REATMENT WORKS ON TH E BASIS THAT THE IND USTRIAL 16
169+USER HAS: 17
177170
178- (2) (I) IS CURRENTLY AND INTE NTIONALLY USING PFAS
179-CHEMICALS; OR
171+ (I) 1. A REASONABLE POTENTIAL FOR ADVERSELY 18
172+AFFECTING THE WASTEW ATER TREATMENT PLANT ’S OPERATIONS AND SEW ER 19
173+SYSTEM; OR 20
180174
181- (II) OPERATES ON A SITE WH ERE A PRIOR HISTORY OF PFAS
182-CHEMICAL USE IS KNOW N OR REASONABLY KNOWN.
175+ (II) 2. VIOLATED A PRETREATME NT STANDARD OR 21
176+REQUIREMENT . 22
183177
184- (B) A SIGNIFICANT INDUSTRI AL USER SHALL ELIMIN ATE THE PRESENCE OF
185-PFAS CHEMICALS IN THE WAT ER THAT IT DISCHARGE S TO A PUBLICLY OWNE D
186-TREATMENT WORKS IN A CCORDANCE WITH THIS SECTION ON OR BEFORE OCTOBER
187-1, 2024, THE DEPARTMENT SHALL , IN COLLABORATION WIT H PUBLICLY OWNED
188-TREATMENT WORKS AND SIGNIFICANT INDUSTRI AL USERS IN THE STATE, IDENTIFY WES MOORE, Governor Ch. 557
178+ (2) “SIGNIFICANT INDUSTRIA L USER” DOES NOT INCLUDE THE 23
179+FEDERAL, STATE, AND LOCAL GOVERNMENT S. 24
189180
190-– 5 –
191-THE SIGNIFICANT INDU STRIAL USERS THAT CU RRENTLY AND INTENTIO NALLY USE
192-PFAS CHEMICALS.
181+ (F) “WATERS OF THE STATE” INCLUDE: 25
193182
194- (C) ON OR BEFORE JANUARY 1, 2025, IN ACCORDANCE WITH G UIDANCE
195-FROM THE U.S. ENVIRONMENTAL PROTECTION AGENCY, THE DEPARTMENT SHALL
196-DEVELOP PFAS MONITORING AND TESTI NG PROTOCOLS FOR SIG NIFICANT
197-INDUSTRIAL USERS IDE NTIFIED IN ACCORDANC E WITH SUBSECTION (B) OF THIS
198-SECTION.
183+ (1) BOTH SURFACE AND UNDE RGROUND WATERS WITHI N THE 26
184+BOUNDARIES OF THE STATE SUBJECT TO ITS JURISDICTION; 27
199185
200- (D) (1) ON OR BEFORE JUNE 1, 2025, THE DEPARTMENT SHALL , IN
201-COLLABORATION WITH THE PUBLICLY OWNED TREAT MENT WORKS AND THE
202-SIGNIFICANT INDUSTRI AL USERS IN THE STATE IDENTIFIED IN A CCORDANCE WITH
203-SUBSECTION (B) OF THIS SECTION , DEVELOP PFAS ACTION LEVELS FOR
204-ADDRESSING PFAS CONTAMINATION FROM I NDUSTRIAL DISCHARGE FOR
205-PRETREATMENT PERMITS .
186+ (2) THAT PORTION OF THE ATLANTIC OCEAN WITHIN THE 28
187+BOUNDARIES OF THE STATE; 29
206188
207- (2) ON OR BEFORE SEPTEMBER 1, 2025, THE DEPARTMENT SHALL ,
208-IN COLLABORATION WIT H THE PUBLICLY OWNED TREAT MENT WORKS AND THE
209-SIGNIFICANT INDUSTRI AL USERS IN THE STATE IDENTIFIED IN A CCORDANCE WITH
210-SUBSECTION (B) OF THIS SECTION, DEVELOP MITIGATION P LANS FOR ADDRESSING
211-PFAS CONTAMINATION FROM I NDUSTRIAL DISCHARGE FOR PRETREATMENT
212-PERMITS.
189+ (3) THE CHESAPEAKE BAY AND ITS TRIBUTARI ES; 30
190+ SENATE BILL 956 5
213191
214- (3) THE MITIGATION PLANS UNDER PARAGRAPH (2) OF THIS
215-SUBSECTION SHALL INC LUDE STRATEGIES AND O PTIONS FOR REDUCING THE
216-PRESENCE OF PFAS IN INDUSTRIAL DISCHA RGE, INCLUDING:
217192
218- (I) SUBSTITUTING OR ELIMI NATING PRODUCTS CONT AINING
219-PFAS CHEMICALS;
193+ (4) ALL PONDS, LAKES, RIVERS, STREAMS, PUBLIC DITCHES , TAX 1
194+DITCHES, AND PUBLIC DRAINAGE SYSTEMS WITHIN THE STATE, OTHER THAN THOSE 2
195+DESIGNED AND USED TO COLLECT, CONVEY, OR DISPOSE OF SANITA RY SEWAGE; AND 3
220196
221- (II) TAKING PRECAUTIONS TO AVOID ACCIDENTAL
222-DISCHARGES;
197+ (5) THE FLOODPLAIN OF FRE E–FLOWING WATERS DETER MINED BY 4
198+THE DEPARTMENT ON THE BAS IS OF THE 100–YEAR FLOOD FREQUENCY . 5
223199
224- (III) DECONTAMINATING OR REPLACING EQUIPME NT
225-CONTAMINATED WITH PFAS CHEMICALS; OR
200+9–354. 6
226201
227- (IV) USING ANY OTHER METHO D THE DEPARTMENT
228-DETERMINES IS NECESS ARY FOR THE REDUCTIO N OR ELIMINATION OF PFAS
229-CHEMICALS IN WATER . IN ACCORDANCE WITH RE GULATIONS ADOPTED BY THE U.S.
230-ENVIRONMENTAL PROTECTION AGENCY REGARDING THE ELIMINATION OF PFAS
231-CHEMICALS IN WATER , THE DISCHARGE LIMIT FOR PFAS CHEMICALS IN ANY
232-WATER, INCLUDING STORMWATER , DISCHARGED FROM ANY SIGNIFICANT
233-INDUSTRIAL USER IS 4 PARTS PER TRILLION .
234- Ch. 557 2024 LAWS OF MARYLAND
202+ (A) THIS SECTION APPLIES TO A S IGNIFICANT INDUSTRIA L USER THAT: 7
235203
236-– 6 –
237- (D) IN ACCORDANCE WITH RE GULATIONS ADOPTED BY THE U.S.
238-ENVIRONMENTAL PROTECTION AGENCY REGARDING THE ELIMINATION OF PFAS
239-CHEMICALS IN WATER , A SIGNIFICANT INDUST RIAL USER SHALL REDU CE PFAS
240-CHEMICALS FROM THE W ATER THAT IT DISCHAR GES TO A PUBLICLY OW NED
241-TREATMENT WORKS TO A CONCENTRATION O F NOT MORE THAN 4 PARTS PER
242-TRILLION, INCLUDING BY:
204+ (1) HAS A PRETREATMENT PE RMIT; AND 8
243205
244- (1) SUBSTITUTING OR ELIMI NATING PRODUCTS CONT AINING PFAS
245-CHEMICALS;
206+ (2) (I) IS CURRENTLY AND INTE NTIONALLY USING PFAS 9
207+CHEMICALS; OR 10
246208
247- (2) TAKING PRECAUTIONS TO AVOID ACCIDENTAL DIS CHARGES;
209+ (II) OPERATES ON A SITE WH ERE A PRIOR HISTORY OF PFAS 11
210+CHEMICAL USE IS KNOW N OR REASONABLY KNOW N. 12
248211
249- (3) DECONTAMINATING OR RE PLACING EQUIPMENT CO NTAMINATED
250-WITH PFAS CHEMICALS; OR
212+ (B) A SIGNIFICANT INDUSTRI AL USER SHALL ELIMIN ATE THE PRESENCE OF 13
213+PFAS CHEMICALS IN THE WAT ER THAT IT DISCHARGE S TO A PUBLICLY OWNE D 14
214+TREATMENT WORKS IN A CCORDANCE WITH THIS SECTION ON OR BEFORE OCTOBER 15
215+1, 2024, THE DEPARTMENT SHALL , IN COLLABORATION WITH PUBLICLY OWNED 16
216+TREATMENT WORKS AND SIGNIFICANT INDUSTRI AL USERS IN THE STATE, IDENTIFY 17
217+THE SIGNIFICANT INDU STRIAL USERS THAT CU RRENTLY AND INTENTIO NALLY USE 18
218+PFAS CHEMICALS. 19
251219
252- (4) USING ANY OTHER METHO D THE U.S. ENVIRONMENTAL
253-PROTECTION AGENCY DETERMINES IS NECESSARY FOR THE EL IMINATION OF PFAS
254-CHEMICALS IN WATER .
220+ (C) ON OR BEFORE JANUARY 1, 2025, IN ACCORDANCE WITH G UIDANCE 20
221+FROM THE U.S. ENVIRONMENTAL PROTECTION AGENCY, THE DEPARTMENT SHALL 21
222+DEVELOP PFAS MONITORING AND TESTI NG PROTOCOLS FOR SIG NIFICANT 22
223+INDUSTRIAL USERS IDE NTIFIED IN ACCORDANC E WITH SUBSECTION (B) OF THIS 23
224+SECTION. 24
255225
256- (E) (1) IN ACCORDANCE WITH RE GULATIONS ADOPTED BY THE U.S.
257-ENVIRONMENTAL PROTECTION AGENCY REGARD ING THE STORAGE OF PFAS
258-CHEMICALS, A SIGNIFICANT INDUST RIAL USER SHALL SAFE LY STORE PFAS
259-CHEMICALS THAT WERE CAPTURED AFTER REDUC ING PFAS CHEMICALS FROM
260-WATER IN ACCORDANCE WITH THIS SECTION .
226+ (D) (1) ON OR BEFORE JUNE 1, 2025, THE DEPARTMENT SHALL , IN 25
227+COLLABORATION WITH THE PUBLICLY OWNED TREAT MENT WORKS AND THE 26
228+SIGNIFICANT INDUSTRI AL USERS IN THE STATE IDENTIFIED IN A CCORDANCE WITH 27
229+SUBSECTION (B) OF THIS SECTION , DEVELOP PFAS ACTION LEVELS FOR 28
230+ADDRESSING PFAS CONTAMINATION FROM I NDUSTRIAL DISCHARGE FOR 29
231+PRETREATMENT PERMITS . 30
261232
262- (2) IN ACCORDANCE WITH AN Y FEDERAL, STATE, OR LOCAL LAW ,
263-REGULATION, OR POLICY, A SIGNIFICANT INDUST RIAL USER MAY REUSE STORED
264-PFAS CHEMICALS IN ITS FAC ILITY OPERATIONS .
233+ (2) ON OR BEFORE SEPTEMBER 1, 2025, THE DEPARTMENT SHALL , 31
234+IN COLLABORATION WIT H THE PUBLICLY OWNED TREAT MENT WORKS AND THE 32
235+SIGNIFICANT INDUSTRI AL USERS IN THE STATE IDENTIFIED IN A CCORDANCE WITH 33
236+SUBSECTION (B) OF THIS SECTION, DEVELOP MITIGATION P LANS FOR ADDRESSING 34 6 SENATE BILL 956
265237
266- (F) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A A
267-SIGNIFICANT INDUSTRI AL USER MAY DISPOSE OF STORED PFAS CHEMICALS USING
268-SAFE DISPOSAL SYSTEM S OR TECHNOLOGIES AP PROVED BY THE DEPARTMENT OR
269-IN ANOTHER MANNER AP PROVED BY THE DEPARTMENT BY REGULAT ION.
270238
271- (2) A SIGNIFICANT INDUSTRI AL USER MAY NOT DISP OSE OF STORED
272-PFAS CHEMICALS IN ANY MAN NER INVOLVING :
239+PFAS CONTAMINATION FROM I NDUSTRIAL DISCHARGE FOR PRETREATMENT 1
240+PERMITS. 2
273241
274- (I) DISPOSAL AT A SOLID W ASTE LANDFILL;
242+ (3) THE MITIGATION PLANS UNDER PARAGRAPH (2) OF THIS 3
243+SUBSECTION SHALL INC LUDE STRATEGIES AND OPTIONS FOR REDUCING THE 4
244+PRESENCE OF PFAS IN INDUSTRIAL DISCHA RGE, INCLUDING: 5
275245
276- (II) INCINERATION ; OR
246+ (I) SUBSTITUTING OR ELIMI NATING PRODUCTS CONT AINING 6
247+PFAS CHEMICALS; 7
277248
278- (III) LAND APPLICATION .
279- WES MOORE, Governor Ch. 557
249+ (II) TAKING PRECAUTIONS TO AVOID ACCIDENTAL 8
250+DISCHARGES; 9
280251
281-– 7 –
282- (G) A SIGNIFICANT INDUSTRI AL USER SHALL:
252+ (III) DECONTAMINATING OR RE PLACING EQUIPMENT 10
253+CONTAMINATED WITH PFAS CHEMICALS; OR 11
283254
284- (1) (I) BY APRIL SEPTEMBER 1, 2025, MEASURE THE LEVELS O F
285-ORGANIC FLUORINE PFAS CHEMICALS IN ITS IND USTRIAL WASTEWATER U SING
286-METHODS APPROVED BY THE DEPARTMENT ; AND
255+ (IV) USING ANY OTHER METHO D THE DEPARTMENT 12
256+DETERMINES IS NECESS ARY FOR THE REDUCTIO N OR ELIMINATION OF PFAS 13
257+CHEMICALS IN WATER. IN ACCORDANCE WITH RE GULATIONS ADOPTED BY THE U.S. 14
258+ENVIRONMENTAL PROTECTION AGENCY REGARDING THE ELIMINATION OF PFAS 15
259+CHEMICALS IN WATER , THE DISCHARGE LIMIT FOR PFAS CHEMICALS IN ANY 16
260+WATER, INCLUDING STORMWATER , DISCHARGED FROM ANY SIGNIFICANT 17
261+INDUSTRIAL USER IS 4 PARTS PER TRILLION . 18
287262
288- (II) REPORT THE LEVELS OF ORGANIC FLUORINE PFAS
289-CHEMICALS IN THE IND USTRIAL WASTEWATER I N A MANNER APPROVED BY THE
290-DEPARTMENT ;
263+ (D) IN ACCORDANCE WITH RE GULATIONS ADOPTED BY THE U.S. 19
264+ENVIRONMENTAL PROTECTION AGENCY REGARDING THE ELIMINATION OF PFAS 20
265+CHEMICALS IN WATER , A SIGNIFICANT INDUST RIAL USER SHALL REDU CE PFAS 21
266+CHEMICALS FROM THE W ATER THAT IT DISCHARGES TO A PUBLICLY OWNED 22
267+TREATMENT WORKS TO A CONCENTRATION OF NOT MORE THAN 4 PARTS PER 23
268+TRILLION, INCLUDING BY: 24
291269
292- (2) BY OCTOBER JULY 1, 2025 2026, AND IN ACCORDANCE WI TH THIS
293-SECTION, IMPLEMENT MEASURES T O REDUCE PFAS CHEMICALS FROM WATER
294-DISCHARGED TO A PUBL ICLY OWNED TREATMENT WORKS;
270+ (1) SUBSTITUTING OR ELIMI NATING PRODUCTS CONT AINING PFAS 25
271+CHEMICALS; 26
295272
296- (3) PROVIDE DOCUMENTATION OF PFAS STORAGE OR REUSE ON
297-REQUEST TO:
273+ (2) TAKING PRECAUTIONS TO AVOID ACCIDENTAL DISCHARGES; 27
298274
299- (I) THE ATTORNEY GENERAL;
275+ (3) DECONTAMINATING OR RE PLACING EQUIPMENT CO NTAMINATED 28
276+WITH PFAS CHEMICALS; OR 29
300277
301- (II) THE DEPARTMENT ;
278+ (4) USING ANY OTHER METHO D THE U.S. ENVIRONMENTAL 30
279+PROTECTION AGENCY DETERMINES IS NECESSARY FOR THE EL IMINATION OF PFAS 31
280+CHEMICALS IN WATER . 32
281+ SENATE BILL 956 7
302282
303- (III) A COUNTY COUNCIL ;
304283
305- (IV) A STATE’S ATTORNEY;
284+ (E) (1) IN ACCORDANCE WITH REGULATIO NS ADOPTED BY THE U.S. 1
285+ENVIRONMENTAL PROTECTION AGENCY REGARDING THE STORAGE OF PFAS 2
286+CHEMICALS, A SIGNIFICANT INDUST RIAL USER SHALL SAFE LY STORE PFAS 3
287+CHEMICALS THAT WERE CAPTURED AFTER REDUC ING PFAS CHEMICALS FROM 4
288+WATER IN ACCORDANCE WITH THIS SECTION. 5
306289
307- (V) A CITY ATTORNEY; OR
290+ (2) IN ACCORDANCE WITH AN Y FEDERAL, STATE, OR LOCAL LAW , 6
291+REGULATION , OR POLICY, A SIGNIFICANT INDUST RIAL USER MAY REUSE STORED 7
292+PFAS CHEMICALS IN ITS FAC ILITY OPERATIONS . 8
308293
309- (VI) ANY OTHER STATE OR LOCAL GOVERN MENTAL ENTITY ; AND
294+ (F) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A A 9
295+SIGNIFICANT INDUSTRI AL USER MAY DISPOSE OF STORED PFAS CHEMICALS USING 10
296+SAFE DISPOSAL SYSTEM S OR TECHNOLOGIES AP PROVED BY THE DEPARTMENT OR 11
297+IN ANOTHER MANNER AP PROVED BY THE DEPARTMENT BY REGULAT ION. 12
310298
311- (4) REPORT THE STORAGE OR DISPOSAL OF PFAS CHEMICALS
312-UNDER 40 C.F.R. PART 372 (TOXIC CHEMICAL RELEASE REPORTING).
299+ (2) A SIGNIFICANT INDUSTRI AL USER MAY NOT DISP OSE OF STORED 13
300+PFAS CHEMICALS IN ANY MAN NER INVOLVING : 14
313301
314- (H) THE DEPARTMENT SHALL CONS IDER THE MEMORANDUM ADDRESSING
315-PFAS DISCHARGES IN NPDES PERMITS AND THROUGH THE PRETREATMENT
316-PROGRAM AND MONITORING PROGRAMS ISSUED BY TH E U.S. ENVIRONMENTAL
317-PROTECTION AGENCY ON DECEMBER 5, 2022, WHEN DETERMINING PERM ISSIBLE
318-LEVELS OF ORGANIC FL UORINE CHEMICALS IN INDUSTRIAL WASTEWATE R UNDER
319-SUBSECTION (G)(1) OF THIS SECTION.
302+ (I) DISPOSAL AT A SOLID W ASTE LANDFILL; 15
320303
321- (I) ANY CONTRACT OR AGREE MENT BETWEEN A SIGNI FICANT INDUSTRIAL
322-USER AND A PUBLICLY OWNED TREATMENT WORK S THAT AUTHORIZES A DISCHARGE
323-OF WATER INTO THE WA TERS OF THE STATE THAT EXCEEDS TH E DISCHARGE LIMIT
324-FOR PFAS CHEMICALS UNDER SUBS ECTION (C) OF THIS SECTION SHAL L BE
325-SUPERSEDED BY THIS S ECTION. Ch. 557 2024 LAWS OF MARYLAND
304+ (II) INCINERATION ; OR 16
326305
327-– 8 –
306+ (III) LAND APPLICATION . 17
328307
329-9–355.
308+ (G) A SIGNIFICANT INDUSTRI AL USER SHALL: 18
330309
331- ON OR BEFORE DECEMBER 1, 2024, THE DEPARTMENT SHALL ADOP T
332-REGULATIONS TO INCLUDE THE DISCHARG E LIMIT FOR PFAS CHEMICALS
333-ESTABLISHED UNDER § 9–354(C) OF THIS SUBTITLE AS A CONDITION FOR ISSU ING A
334-PRETREATMENT PERMIT TO A SIGNIFICANT IND USTRIAL USER.
310+ (1) (I) BY APRIL SEPTEMBER 1, 2025, MEASURE THE LEVELS O F 19
311+ORGANIC FLUORINE PFAS CHEMICALS IN ITS IND USTRIAL WASTEWATER U SING 20
312+METHODS APPROVED BY THE DEPARTMENT ; AND 21
335313
336-9–356.
314+ (II) REPORT THE LEVELS OF ORGANIC FLUORINE PFAS 22
315+CHEMICALS IN THE IND USTRIAL WASTEWATER I N A MANNER APPROVED BY THE 23
316+DEPARTMENT ; 24
337317
338- (A) THE PRESENCE OF TOTAL ORGANIC FLUORINE OR PFAS CHEMICALS
339-EXCEEDING 4 PARTS PER TRILLION I N ANY DISCHARGE INTO THE WATERS OF THE
340-STATE IS A VIOLATION OF THE TERMS OF A PR ETREATMENT PERMIT .
318+ (2) BY OCTOBER JULY 1, 2025 2026, AND IN ACCORDANCE WI TH THIS 25
319+SECTION, IMPLEMENT MEASURES T O REDUCE PFAS CHEMICALS FROM WATER 26
320+DISCHARGED TO A PUBL ICLY OWNED TREATMENT WORKS; 27
341321
342- (B) IN ADDITION TO A VIOL ATION UNDER SUBSECTI ON (A) OF THIS SECTION,
343-THE DEPARTMENT MAY ENFORC E A VIOLATION OF THI S PART IN ACCORDANCE WITH
344-REGULATIONS ADOPTED BY THE DEPARTMENT .
322+ (3) PROVIDE DOCUMENTATION OF PFAS STORAGE OR REUSE ON 28
323+REQUEST TO: 29
345324
346- SECTION 2. AND BE FURTHER ENACTED, That on or before December 1, 2025,
347-the Department of the Environment shall update the Department’s PFAS Action Plan with
348-an evaluation of disposal methods for PFAS chemicals and the progress made on the
349-requirements of this Act.
325+ (I) THE ATTORNEY GENERAL; 30
350326
351- SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
352-October July 1, 2024.
327+ (II) THE DEPARTMENT ; 31 8 SENATE BILL 956
353328
354-Approved by the Governor, May 9, 2024.
329+
330+
331+ (III) A COUNTY COUNCIL ; 1
332+
333+ (IV) A STATE’S ATTORNEY; 2
334+
335+ (V) A CITY ATTORNEY; OR 3
336+
337+ (VI) ANY OTHER STATE OR LOCAL GOVERN MENTAL ENTITY ; AND 4
338+
339+ (4) REPORT THE STORAGE OR DISPOSAL OF PFAS CHEMICALS 5
340+UNDER 40 C.F.R. PART 372 (TOXIC CHEMICAL RELEASE REPORTING). 6
341+
342+ (H) THE DEPARTMENT SHALL CONS IDER THE MEMORANDUM ADDRESSING 7
343+PFAS DISCHARGES IN NPDES PERMITS AND THROUGH THE PRETREATMENT 8
344+PROGRAM AND MONITORING PROGRAMS ISSUED BY TH E U.S. ENVIRONMENTAL 9
345+PROTECTION AGENCY ON DECEMBER 5, 2022, WHEN DETERMINING PER MISSIBLE 10
346+LEVELS OF ORGANIC FL UORINE CHEMICALS IN INDUSTRIAL WASTEWATE R UNDER 11
347+SUBSECTION (G)(1) OF THIS SECTION. 12
348+
349+ (I) ANY CONTRACT OR AGREE MENT BETWEEN A SIGNIFICANT INDUSTRI AL 13
350+USER AND A PUBLICLY OWNED TREATMENT WORK S THAT AUTHORIZES A DISCHARGE 14
351+OF WATER INTO THE WA TERS OF THE STATE THAT EXCEEDS TH E DISCHARGE LIMIT 15
352+FOR PFAS CHEMICALS UNDER SUBS ECTION (C) OF THIS SECTION SHAL L BE 16
353+SUPERSEDED BY THIS SECTION. 17
354+
355+9–355. 18
356+
357+ ON OR BEFORE DECEMBER 1, 2024, THE DEPARTMENT SHALL ADOP T 19
358+REGULATIONS TO INCLU DE THE DISCHARGE LIM IT FOR PFAS CHEMICALS 20
359+ESTABLISHED UNDER § 9–354(C) OF THIS SUBTITLE AS A CONDITION FOR ISSU ING A 21
360+PRETREATMENT PERMIT TO A SIGNIFICANT IND USTRIAL USER. 22
361+
362+9–356. 23
363+
364+ (A) THE PRESENCE OF TOTAL ORGANIC FLUORINE OR PFAS CHEMICALS 24
365+EXCEEDING 4 PARTS PER TRILLION I N ANY DISCHARGE INTO THE WATERS OF THE 25
366+STATE IS A VIOLATION OF THE TERMS OF A PR ETREATMENT PERMIT . 26
367+
368+ (B) IN ADDITION TO A VIOL ATION UNDER SUB SECTION (A) OF THIS SECTION, 27
369+THE DEPARTMENT MAY ENFORC E A VIOLATION OF THI S PART IN ACCORDANCE WITH 28
370+REGULATIONS ADOPTED BY THE DEPARTMENT . 29
371+
372+ SECTION 2. AND BE FURTHER ENACTED, That on or before December 1, 2025, 30
373+the Department of the Environment shall update the Department’s PFAS Action Plan with 31 SENATE BILL 956 9
374+
375+
376+an evaluation of disposal methods for PFAS chemicals and the progress made on the 1
377+requirements of this Act. 2
378+
379+ SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 3
380+October July 1, 2024. 4
381+
382+
383+
384+
385+Approved:
386+________________________________________________________________________________
387+ Governor.
388+________________________________________________________________________________
389+ President of the Senate.
390+________________________________________________________________________________
391+ Speaker of the House of Delegates.