EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1296*
HOUSE BILL 1296
M3 5lr2335
HB 1131/24 – ENT CF SB 930
By: Delegate Pruski
Introduced and read first time: February 7, 2025
Assigned to: Environment and Transportation
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 2024 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 2024 Supplement) 17
BY adding to 18
Article – Environment 19
Section 9–303.4 20
Annotated Code of Maryland 21
(2014 Replacement Volume and 2024 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 HOUSE BILL 1296
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 HOUSE BILL 1296 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 DEMONSTRATION FAC ILITY WILL ADDRESS A 28
GROUNDWATER SUPPLY O R QUALITY PROBLEM TH AT IS ANTICIPATED TO OCCUR IN 29
THE NEXT 25 YEARS, INCLUDING LAND SUBSIDEN CE OR SALTWATER INTRUSION; 30
(II) THE PROPOSED LOCATION OF THE DEMONSTRATION 31
FACILITY IS SUITABLE TO INFORM THE EVENT UAL LOCATION OF A FULL –SCALE OR 32 4 HOUSE BILL 1296
LONG–TERM IMPLEMENTATION SITE; 1
(III) THE RECLAIMED WATER W ILL BE TREATED AT A 2
DEMONSTRATION FACILI TY TO MEET OR SURPAS S THE FOLLOWING REQU IREMENTS: 3
1. PRIMARY AND SECONDARY MAXIMUM CONTAINMENT 4
LEVELS ESTABLISHED B Y: 5
A. THE U.S. ENVIRONMENTAL PROTECTION AGENCY 6
UNDER 40 C.F.R. §§ 141 AND 143; AND 7
B. THE DEPARTMENT UNDER COMAR 26.04.01; 8
2. TREATMENT FOR REMOVAL OF PATHOGENS AT THE 9
WASTEWATER TREATMENT STAGE AND ADVANCED W ATER TREATMENT STAGE THAT, 10
IN TOTAL, MEETS OR EXCEEDS : 11
A. 12 LOG FOR ENTERIC VIRU S REDUCTION; 12
B. 10 LOG FOR GIARDIA CYST REDUCTIO N; AND 13
C. 10 LOG CRYPTOSPORIDIUM OOCYS T REDUCTION; AND 14
3. MAXIMUM CONCENTRATION S OF PFAS CHEMICALS 15
ESTABLISHED BY THE DEPARTMENT AND SPECIF IED IN ANY PRIMARY D RINKING 16
WATER REGULATIONS ES TABLISHED BY THE U.S. ENVIRONMENTAL PROTECTION 17
AGENCY IN A FINAL RUL EMAKING UNDER THE FE DERAL SAFE DRINKING WATER 18
ACT; 19
(IV) THE TREATED RECLAIMED WATER WILL UNDERGO T ESTING 20
AND REPORTING TO VER IFY THAT THE REQUIRE MENTS OF ITEM (III) OF THIS 21
PARAGRAPH ARE MET ; 22
(V) THE APPLICANT HAS CON DUCTED AN ANALYSIS T O 23
EVALUATE ALTERNATIVE S TO AQUIFER RECHARGE; 24
(VI) THE APPLICANT HAS IN PLACE A DETAILED TES TING AND 25
MONITORING PLAN TO D EMONSTRATE FACILITY PERFORMANCE AND 26
GROUNDWATER COMPATIB ILITY DURING UNDERGR OUND INJECTION , INCLUDING 27
ESTABLISHING PARAMET ERS FOR AUTHORIZING UNDERGROUND INJECTIO NS AND 28
REQUIRING ALTERNATIV E METHODS OF USE OR DISPOSAL WHEN THE IN JECTION 29
PARAMETERS ARE NOT M ET; 30
HOUSE BILL 1296 5
(VII) THE APPLICANT HAS SUB MITTED A MITIGATION PLAN TO 1
ADDRESS ENVIRONMENTA L AND SAFE DRINKING WATER RISKS; 2
(VIII) THE APPLICANT GIVES T HE DEPARTMENT THE RIGHT OF 3
ENTRY ON THE PERMIT SITE AT ANY REASONAB LE TIME TO INSPECT O R 4
INVESTIGATE FOR A VI OLATION OR ANY POTEN TIAL VIOLATION OF TH E MANAGED 5
AQUIFER RECHARGE PER MIT; 6
(IX) THE PROCESS INCLUDES APP ROPRIATE RECORD –KEEPING 7
REQUIREMENTS ; AND 8
(X) THE PROCESS COMPLIES WITH ALL OTHER APPLI CABLE 9
STATUTORY AND REGULA TORY REQUIREMENTS . 10
(2) THE DEPARTMENT MAY APPROV E THE USE BY A DEMON STRATION 11
FACILITY OF ANY DRIN KING WATER TREATMEN T TECHNOLOGIES THAT HAVE THE 12
CAPABILITY TO MEET T HE REQUIREMENTS OF P ARAGRAPH (1)(III) OF THIS 13
SUBSECTION, INCLUDING NONMEMBRAN E TREATMENT SYSTEMS . 14
(E) (1) THE DEPARTMENT MAY INCLUD E IN A MANAGED AQUIF ER 15
RECHARGE PERMIT ANY TERM, CONDITION, OR REQUIREMEN T THAT THE 16
DEPARTMENT CONSIDERS APPROPRIATE TO PROTE CT PUBLIC HEALTH OR THE 17
ENVIRONMENT . 18
(2) THE REQUIREMENTS OF A MANAGED AQUIFER RECH ARGE PERMIT 19
ARE SUPPLEMENTAL TO AND DO NOT OVERRIDE ANY OTHER LAW , REGULATION , 20
PERMIT, ORDER, OR DECREE. 21
(3) THE PROVISIONS OF TITLE 1, SUBTITLE 6 OF THIS ARTICLE 22
SHALL GOVERN THE ISS UANCE OF MANAGED AQU IFER RECHARGE PERMIT S. 23
(F) A SUCCESSFUL APPLICATI ON FOR A MANAGED AQU IFER RECHARGE 24
PERMIT SHALL : 25
(1) DEMONSTRATE TO THE SA TISFACTION OF THE DEPARTMENT : 26
(I) THE ABILITY TO COMPLY WI TH THE REQUIREMENTS OF 27
THIS SECTION; 28
(II) THE APPLICANT ’S AVAILABLE FUNDING FOR THE 29
CONSTRUCTION AND OPE RATION OF THE DEMONS TRATION FACILITY ; 30
(III) THE TECHNICAL AND ADM INISTRATIVE CAPACITY TO 31 6 HOUSE BILL 1296
PERFORM THE PROCESS COVERED UNDER THE PERMIT; AND 1
(IV) THAT ALL NECESSARY PL ANNING AND ENGINEERI NG 2
DESIGN IS COMPLETE ; AND 3
(2) INCLUDE ANY ADDITIONA L INFORMATION REQUES TED BY THE 4
DEPARTMENT . 5
(G) THE DEPARTMENT MAY REFUSE TO ISSUE A MANAGED A QUIFER 6
RECHARGE PERMIT IF : 7
(1) THE APPLICANT FAILS TO P ROVIDE ANY INFORMATI ON 8
REQUESTED BY THE DEPARTMENT ; 9
(2) THE APPLICANT FAILS O R REFUSES TO ALLOW T HE DEPARTMENT 10
TO INSPECT THE PERMI T SITE; 11
(3) THE DEPARTMENT FINDS THAT ISSUANCE OF THE PERM IT WOULD 12
VIOLATE ANY STATE OR FEDERAL LAW OR ANY REGULATION AD OPTED UNDER ANY 13
STATE OR FEDERAL LAW ; 14
(4) THE SOURCE OF THE REC LAIMED WATER FAILS T O COMPLY WITH 15
ANY STATE OR FEDERAL LAW , ANY REGULATION ADOPT ED UNDER ANY STATE OR 16
FEDERAL LAW , OR ANY PERMIT ; OR 17
(5) THE APPLICANT FAILS T O DEMONS TRATE COMPLIANCE WIT H 18
THIS SECTION TO THE DEPARTMENT ’S SATISFACTION. 19
(H) (1) A MANAGED AQUIFER RECH ARGE PERMIT ISSUED U NDER THE 20
PILOT PROGRAM SHALL BE EFFE CTIVE FOR 10 YEARS FROM THE DATE OF 21
ISSUANCE. 22
(2) THE DEPARTMENT MAY RENEW A MANAGED AQUIFER RE CHARGE 23
PERMIT FOR AN ADDITI ONAL PERIOD OR PERIO DS OF 5 YEARS FOLLOWING 24
ADMINISTRATIVE REVIE W BY THE DEPARTMENT AND SUBJEC T TO THE PROVISIONS 25
OF TITLE 1, SUBTITLE 6 OF THIS ARTICLE. 26
(I) THE DEPARTMENT MAY REVOKE A MANAGED AQUIFER RE CHARGE 27
PERMIT ISSUED UND ER THIS SECTION IF T HE DEPARTMENT FINDS THAT : 28
(1) THE APPLICATION INCLU DED FALSE OR INACCUR ATE 29
INFORMATION ; 30
HOUSE BILL 1296 7
(2) CONDITIONS OR REQUIRE MENTS OF THE PERMIT HAVE BEEN OR 1
ARE ABOUT TO BE VIOL ATED; 2
(3) SUBSTANTIAL DEVIATION FROM PLANS , SPECIFICATIONS , OR 3
REQUIREMENTS HAS OCC URRED OR IS ABOUT TO OCCUR; 4
(4) THE DEPARTMENT IS REFUSED ENTRY TO ANY PREMISE S FOR 5
THE PURPOSE OF INSPE CTING THE PROCESS TO ENSURE COMPLIANCE WI TH THE 6
PERMIT; 7
(5) A CHANGE IN CONDITIONS EXISTS THAT REQUIRES THE 8
PERMANENT REDUCTION OR ELIMINA TION OF THE USE OF T REATED RECLAIMED 9
WATER FOR GROUNDWATE R AUGMENTATION ; 10
(6) THERE IS ANY NONCOMPL IANCE WITH A DISCHAR GE PERMIT OR A 11
PRETREATMENT REQUIRE MENT THAT MAY AFFECT THE RECLAIMED WATER IN ANY 12
MANNER; 13
(7) ANY STATE OR FEDE RAL WATER QUALITY ST ANDARD OR 14
EFFLUENT LIMITATION HAS BEEN OR IS THREA TENED TO BE VIOLATED ; 15
(8) ANY STATE OR FEDERAL REQU IREMENT ESTABLISHED UNDER 16
THE FEDERAL SAFE DRINKING WATER ACT, SUBTITLE 4 OF THIS TITLE, OR TITLE 17
12 OF THIS ARTICLE HAS BEEN OR IS THREATENED TO BE VIO LATED; OR 18
(9) THE TREATED RECLAIMED WATER MAY THREATEN P UBLIC 19
HEALTH, SAFETY, COMFORT, OR THE ENVIRONMENT . 20
(J) (1) ON OR BEFORE SEPTEMBER 1 EACH YEAR, EACH HOLDER OF A 21
MANAGED AQUIFER RECH ARGE PERMIT SHALL RE PORT TO THE DEPARTMENT ON: 22
(I) THE APPLIED SCIENTIFI C RESULTS OF ANY 23
DEMONSTRATION FACILI TY OR GROUNDWATER AU GMENTATION ACTIVITIE S 24
UNDERTAKEN UNDER THE PILOT PROGRAM; AND 25
(II) ANY RECOMMENDATIONS F OR THE PILOT PROGRAM BASED 26
ON THE HOLDER ’S EXPERIENCE IN THE PILOT PROGRAM. 27
(2) ON OR BEFORE DECEMBER 31 EACH YEAR, THE DEPARTMENT 28
SHALL REPORT TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE 29
STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY ON: 30
(I) THE STATUS OF THE PILOT PROGRAM; 31 8 HOUSE BILL 1296
(II) ANY SCIENTIFIC RESULT S AND RECOMMENDATIONS 1
REPORTED UNDER PARAG RAPH (1) OF THIS SUBSECTION ; 2
(III) WHETHER THE PILOT PROGRAM SHOULD BE MOD IFIED, 3
EXTENDED, OR MADE PERMANENT ; AND 4
(IV) ANY STATUTORY OR REGU LATORY CHANGES THAT THE 5
DEPARTMENT RECOMMENDS TO PERMANENTLY AUTHO RIZE THE REGULATED USE 6
OF TREATED RECLAIMED WATER AS A SOURCE FO R GROUNDWATER AUGMEN TATION, 7
IF APPROPRIATE . 8
(K) THE DEPARTMENT MAY ADOPT REGULATIONS TO CARRY OUT THIS 9
SECTION. 10
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 11
October 1, 2025. 12