reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part III - Sewage Sludge › Section 9-246 - Suspension, Revocation, and Modification of Permit; Refusal to Renew Permit

(a)    The Department may suspend, revoke, or modify a sewage sludge utilization permit in accordance with the Administrative Procedure Act if the Department finds that:
(1)    The permit application contained false or inaccurate information;
(2)    There has been a substantial deviation from:
(i)    The plans, specifications, or other documents approved by the Department; or
(ii)    Any requirement established by the Department;
(3)    A representative of the Department has been refused entry to any area covered by the permit for the purpose of inspecting the area to ensure compliance with the conditions of the permit;
(4)    There is or has been a violation of this Part III, § 9-269, or § 9-270 of this subtitle, any regulation adopted under this Part III, § 9-269, or § 9-270 of this subtitle, or any condition of the permit; or
(5)    There is any other good cause.
(b)    The Department may refuse to renew a sewage sludge utilization permit if:
(1)    The permit holder violates this subtitle, any regulation adopted by the Department under this subtitle, or any condition of the permit;
(2)    The Department determines that continued operation of any area covered by the permit would be injurious to public health or the environment; or
(3)    The Department determines that there is any other good cause.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part III - Sewage Sludge › Section 9-247 - Standing to Sue or Intervene

(a)    Any person who owns land that adjoins land for which an application to apply sewage sludge is filed, or for which a permit to apply sewage sludge is issued, has standing:
(1)    To sue the State, the applicant, or the permit holder to require compliance with this Part III, § 9-269, or § 9-270 of this subtitle and any permit issued under § 9-236 of this subtitle; and
(2)    With respect to the sewage sludge utilization site, to intervene in:
(i)    Any civil court proceeding; and
(ii)    Any contested administrative case.
(b)    Any county or municipal corporation in which there is land for which an application to apply sewage sludge is filed, or for which a permit to apply sewage sludge is issued, has standing:
(1)    To sue the applicant or the permit holder to require compliance with this Part III, § 9-269, or § 9-270 of this subtitle and any permit issued under § 9-236 of this subtitle; and
(2)    With respect to the sewage sludge utilization site, to intervene in:
(i)    Any civil court proceeding; and
(ii)    Any contested administrative case.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part III - Sewage Sludge › Section 9-248 - Injunctions

In addition to any other remedy authorized under this subtitle, the Department may bring an action to enjoin the violation of any law, regulation, or order concerning the utilization of sewage sludge under this Part III, § 9-269, or § 9-270 of this subtitle.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part III - Sewage Sludge › Section 9-249 - Utilizing Sewage Sludge Without a Permit

A person may not utilize sewage sludge in this State except in accordance with this Part III, § 9-269, or § 9-270 of this subtitle.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part IV - Miscellaneous Provisions › Section 9-252 - Miscellaneous Powers and Duties of Secretary

(a)    (1)    To prevent or correct pollution of the waters of this State, the Secretary may:
(i)    Adopt and enforce regulations; and
(ii)    Order works to be executed.
(2)    The Secretary may:
(i)    Require any public water supply system, public sewerage system, or refuse disposal system to be operated in a manner that will protect public health and comfort; and
(ii)    Order the alteration, extension, or replacement of any public water supply system, public sewerage system, or refuse disposal system.
(b)    The Secretary:
(1)    Has supervision and control over the sanitary and physical condition of the waters of this State to protect public health and comfort;
(2)    Shall investigate:
(i)    All sources of water and ice; and
(ii)    All points of sewage discharge;
(3)    Shall examine all public water supply systems, public sewerage systems, and refuse disposal systems; and
(4)    Shall approve or disapprove the design and construction of any public water supply system, public sewerage system, or refuse disposal system that is to be built in this State.
(c)    The powers and duties of the Secretary under this section are in addition to the powers and duties set forth elsewhere in this subtitle.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part IV - Miscellaneous Provisions › Section 9-253 - Secretary Designated as State Water Pollution Control Agency

(a)    For purposes of the Federal Water Pollution Control Act, the Secretary is the State water pollution control agency in this State.
(b)    The Secretary has all powers that are necessary to comply with and represent this State under the Federal Water Pollution Control Act.
(c)    Another unit of the State government may not exercise any power given to the Secretary under this section.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part IV - Miscellaneous Provisions › Section 9-254 - Employment of Experts, Engineers, and Assistants

Within the limits in the State budget, the Secretary may employ and set the compensation of any expert, engineer, clerical assistant, or other assistant that the Secretary considers necessary to carry out this subtitle.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part IV - Miscellaneous Provisions › Section 9-255 - Tests of Water and Wastewater

The Department of the Environment and the Department of Natural Resources shall each make any test of water or wastewater that it considers necessary to determine the adequacy of performance of a water supply system, sewerage system, or industrial wastewater treatment plant.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part IV - Miscellaneous Provisions › Section 9-256 - Raising Funds on Order of Secretary

(a)    If the Secretary serves an order on the State or any county, municipal corporation, or public water supply, sewerage, or sanitary district, the appropriate official or department of the State, county, municipal corporation, or district shall raise any funds that are necessary to comply on time with the order of the Secretary.
(b)    If the Governor and the Attorney General approve, a county, municipal corporation, or public water supply, sewerage, or sanitary district may raise funds under subsection (a) of this section by issuing bonds, stock, or notes without legislative authority other than this section.
(c)    The question of whether to issue bonds, stock, or notes under this section need not be put to a referendum of the voters.
(d)    The proceeds of any bonds, stock, or notes issued under this section:
(1)    Constitute a sanitary fund; and
(2)    May be used only to carry out the order of the Secretary.
(e)    (1)    The total amount of all bonds, stock, and notes being issued at any time under this section, together with all bonds, stock, and notes then outstanding from prior issues under this section or any predecessor of this section, may not exceed 5% of the total value of all property that, at the time of issue, is listed and assessed for taxation in the county, municipal corporation, or district.
(2)    The indebtedness authorized by this section is in addition to the total indebtedness otherwise permitted by law.
(3)    Bonds, stock, and notes issued under this section are:
(i)    Forever exempt from State, county, and municipal taxation;
(ii)    A lien on all property in the jurisdiction that issues the bonds, stock, or notes; and
(iii)    Payable in the same manner as bonds issued by municipal authorities under Part II of Subtitle 7 of this title.
(f)    Unless the Secretary approves the expenditure, including the amount of the expenditure, neither the State nor any county, municipal corporation, or public water supply, sewerage, or sanitary district may spend any public money for any of the purposes of this subtitle.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part IV - Miscellaneous Provisions › Section 9-257 - Water or Ice From Dangerous Source; Mandatory and Remedial Orders

(a)    Except as provided in subsection (b) of this section:
(1)    If the Secretary finds that the water or ice from any source is or is likely to become dangerous to health, the Secretary shall order that the source of water or ice be closed; and
(2)    If the Secretary finds that any discharge of sewage or any method of disposal of sewage or refuse is or is likely to become prejudicial to health or comfort, the Secretary shall order that the point of sewage discharge be abandoned or the method of disposal be discontinued.
(b)    If the Secretary finds that the conditions found under subsection (a) of this section can be remedied sufficiently and practicably by installing any work or device or by taking any other remedial measure, the Secretary may order that:
(1)    The work or device be installed; or
(2)    The remedial measure be taken.
(c)    If the Secretary condemns a water supply system, sewerage system, or refuse disposal system, the Secretary may order the owner to make arrangements that will prevent the operation of the system.
(d)    Any order issued under this section shall set a reasonable time for compliance.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part IV - Miscellaneous Provisions › Section 9-260 - Minimum Size for Lots and Parcels Having Multiple Bedroom Facilities in Garrett County

If any lot or parcel of land in Garrett County is used as a site for a trailer park, motel, mobile motel, condominium, apartment house, or other facility with multiple bedrooms, and if any resulting sewage is disposed of underground on the lot or parcel, the lot or parcel shall have:
(1)    An area of at least 20,000 square feet for each 6 bedrooms or fraction of 6 bedrooms in the facility; and
(2)    A width of at least 100 feet for each 6 bedrooms or fraction of 6 bedrooms in the facility.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part IV - Miscellaneous Provisions › Section 9-261 - Record Keeping; Right of Entry of Representative of Secretary; Injunctive Action

(a)    The following sanitary districts and persons shall keep any record that the Secretary requires:
(1)    Any sanitary district or person who supplies water, ice, sewerage, or refuse disposal service to the public;
(2)    Any person who owns an industrial establishment; and
(3)    Any person who owns a private water supply system or private sewerage system.
(b)    Any sanitary district or person who keeps a record under subsection (a) of this section shall make the record available to the Secretary on request.
(c)    (1)    To determine compliance with any regulation, permit, or order of the Secretary, a representative of the Secretary may:
(i)    Enter any private property;
(ii)    Enter any building, structure, or land owned by a sanitary district or person who supplies water, ice, sewerage, or refuse disposal service to the public; and
(iii)    Collect samples, records, and information.
(2)    To determine compliance with pretreatment requirements of this title, a representative of the Secretary may:
(i)    Enter any building, structure, or land of an industrial establishment that is or may be subject to pretreatment requirements; and
(ii)    Collect samples, records, and information.
(d)    The Secretary may bring an action for an injunction to enforce this section without showing lack of an adequate remedy at law.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part IV - Miscellaneous Provisions › Section 9-262 - Revocation Of, Changes To, and Expiration of Permits Issued by Secretary

(a)    This section does not apply to the expiration, revocation, or modification of a sewage sludge utilization permit.
(b)    The Secretary may revoke or change any permit issued under this subtitle after the Secretary gives the permit holder notice of the proposed revocation or change.
(c)    If the term of a permit issued under this subtitle is stated in the permit, the permit expires at the end of the stated term.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part IV - Miscellaneous Provisions › Section 9-263 - Judicial Review

Any county, municipality, legally constituted water, sewerage or sanitary district, institution, or person dissatisfied with any order, rule, or regulation of the Secretary under this subtitle may commence, within 10 days after the service of the order, rule, or regulation, an action in the circuit court for any county to vacate and set aside the order, rule, or regulation on the ground that the order, rule, or regulation is unlawful or unreasonable, or that the order is not necessary for the protection of the public health or comfort, in which action a copy of the complaint shall be served with the summons. The answer of the Secretary shall be filed within 10 days, whereupon the cause shall be at issue, and stand ready for trial upon 15 days’ notice to either party. Any action under this section shall have precedence over any civil cause of a different nature, except appeals from an order of the Public Service Commission. The courts shall always be deemed open for trial of an action under this section and any action under this section shall be tried and determined as other civil actions. Either party to an action under this section may appeal to the Court of Special Appeals.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part V - Penalties › Section 9-267 - Violations of 9-227(b)

The provisions of §§ 7-256 through 7-268 of this article shall be used and shall apply to enforce violations of § 9-227(b) of this subtitle.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part V - Penalties › Section 9-268 - Penalty for Violation of Subtitle, Regulations, Etc

Except for violations of Part III of this subtitle and violations enforced under §§ 9–229(b), 9–267, and 9–268.1 of this subtitle, the provisions of §§ 9–334 through 9–344 of this title shall be used and shall apply to enforce violations of:
(1)    This subtitle;
(2)    Any regulation adopted under this subtitle; or
(3)    Any order or permit issued under this subtitle.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part V - Penalties › Section 9-268.1 - Violation of 9-228

(a)    In addition to other penalties authorized under this subtitle:
(1)    A person who violates § 9-228(f)(2) of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000, or imprisonment not exceeding 30 days or both;
(2)    A person who violates § 9-228(f)(2) of this subtitle for monetary or financial gain is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $25,000 or imprisonment not exceeding 5 years or both; and
(3)    A person who violates § 9-228(b), (h)(1), (i)(1), or (j)(1) of this subtitle, or a regulation, order, or permit adopted or issued under § 9-228(b), (h)(1), (i)(1), or (j)(1) of this subtitle, is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10,000.
(b)    (1)    The Attorney General shall represent the State in every case arising under § 9–228 of this subtitle.
(2)    This subsection may not limit or affect the power of State’s Attorneys under § 15–102 of the Criminal Procedure Article.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part V - Penalties › Section 9-270 - Penalties for Violation of Part Iii of This Subtitle, Regulations, Etc. -- Sewage Treatment Plant

(a)    If, by violating any applicable statute, regulation, or permit condition, a sewage treatment plant that has a design capacity of 1,000,000 gallons or more per day creates a nuisance or otherwise may affect adversely public health or the environment, the person who owns or operates the sewage treatment plant is liable to the State for an administrative civil penalty not exceeding $10,000 a day.
(b)    The penalty imposed under this section shall be assessed with consideration given to:
(1)    The extent to which the existence of the violation was known to the violator but uncorrected by the violator and the extent to which the violator exercised reasonable care;
(2)    Any actual or potential harm to human health or to the environment, including injury to or impairment of the natural resources of the State;
(3)    The degree of interference with general welfare, health, or property rights of the public;
(4)    The extent to which the location of the violation creates the potential for harm to the environment or to human health or safety;
(5)    The available technology for controlling, reducing, or eliminating the emissions that caused the violation; and
(6)    The extent to which the current violation is part of a recurrent pattern of the same or similar type of violation committed by the violator.
(c)    Each day a violation continues is a separate violation under this section.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part VI - State Used Tire Cleanup and Recycling Fund › Section 9-274 - Source of Moneys

(a)    The State Used Tire Cleanup and Recycling Fund shall consist of moneys made available under:
(1)    Loan authorizations;
(2)    Funds appropriated in the State budget;
(3)    Fees collected for the sale of tires by retail dealers under § 9-228(g) of this subtitle; or
(4)    Bond and security forfeitures collected under § 9-228(k) of this subtitle.
(b)    (1)    The Fund is limited to a maximum of $10,000,000.
(2)    If the sum of unallocated funds in the Fund and the projected fees for the next fiscal year exceeds $10,000,000, the Board of Public Works shall adjust the fees for the next fiscal year on a pro rata basis so that the sum of unallocated and actual fees does not exceed $10,000,000.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part VI - State Used Tire Cleanup and Recycling Fund › Section 9-275 - Application of Fund

(a)    For fiscal year 2010 and each fiscal year thereafter, up to 50% of the revenues received by the State Used Tire Cleanup and Recycling Fund may be used for administrative expenses of the Department.
(b)    Subject to the appropriation process in the annual operating budget and subject to subsection (a) of this section, the Department shall use the remainder of the State Used Tire Cleanup and Recycling Fund solely:
(1)    For removal, restoration, emergency, or remedial action, including the restoration of natural resources where feasible, site maintenance and monitoring, and fire cessation, if requested by a local government, not to exceed $100,000 for each fire cessation emergency action in that jurisdiction, in response to the disposal or storage of scrap tires in violation of this subtitle, including:
(i)    All costs incurred by the State in inspecting and monitoring any site where scrap tires are processed, stored, or disposed of in violation of this subtitle and assessing the threat to the public health and the environment of the site, the costs of investigations conducted for the purpose of defining necessary remedial action, and the costs of litigation expenses incurred in obtaining reimbursement for expenditures; and
(ii)    All costs incurred in providing public information concerning a site where scrap tires are processed, stored, or disposed of;
(2)    For activities related to scrap tire recycling programs, including research, planning, monitoring, public education, and market development, and for associated administrative costs; and
(3)    With the approval of the Board of Public Works, to provide financial assistance:
(i)    Through the service for projects approved by the Department to reduce, recover, and recycle scrap tires; and
(ii)    To the service for costs related to the implementation of scrap tire recycling systems, including the costs of:
1.    Preparation of a scrap tire recycling system under § 9–228(e) of this subtitle;
2.    Implementation of any program established by the service as a part of a scrap tire recycling system; and
3.    Assisting in funding the establishment of a private or public scrap tire collection, processing, or recycling facility.
(c)    Subject to § 2–1257 of the State Government Article, the Department shall provide the standing committees of the Maryland General Assembly with primary jurisdiction over this section with a status report on the Fund on or before November 1 of each year. The report shall include an accounting of all moneys expended for each of the purposes specified in subsection (a) of this section.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part VI - State Used Tire Cleanup and Recycling Fund › Section 9-276 - Reimbursement of Costs

(a)    Except as provided in subsection (d) of this section, all expenditures from the State Used Tire Cleanup and Recycling Fund made by the Department under § 9–275(b)(1) of this subtitle in response to the storage or disposal of used tires at a particular site shall be reimbursed to the Department for the State Used Tire Cleanup and Recycling Fund by the owner or operator of the site or any other person who caused the tires to be stored or disposed of at the site in violation of this subtitle.
(b)    In addition to any other legal action authorized by this subtitle, the Attorney General may bring an action to recover costs and interest from any person who fails to make reimbursement as required under subsection (a) of this section.
(c)    Except as provided in subsection (d) of this section, the Department may recover costs incurred by the Department under § 9–275(b)(1) of this subtitle whether or not the discarded tires were disposed of or stored at the site before July 1, 1989.
(d)    This section does not apply to expenditures related to removal, restoration, or remedial action in response to the disposal or storage of scrap tires in violation of this subtitle if the owner of a site where scrap tires were stored, disposed, or processed only before July 1, 1989:
(1)    Is not engaged in the business of storage, disposal, or processing of scrap tires, hazardous substances, or other waste;
(2)    Did not cause or allow scrap tires to be stored, disposed, or processed on the site; and
(3)    Obtained the site or an interest in the site by inheritance, bequest, or otherwise at the death of the transferor prior to January 1, 2000.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part VI - State Used Tire Cleanup and Recycling Fund › Section 9-277 - Regulations

(a)    With the approval of the Board of Public Works, the Secretary shall adopt regulations that establish application procedures and criteria for the award of financial assistance under § 9–275(b)(3) of this subtitle.
(b)    The criteria shall provide the basis for project priority rankings and shall include, as appropriate:
(1)    The environmental or public health impacts caused by existing circumstances;
(2)    Previous efforts expended to correct any existing problem;
(3)    Financial capacity of the applicant;
(4)    The problem prevention aspects of a proposed project;
(5)    Cost effectiveness of a proposed project;
(6)    Provisions for monitoring and review;
(7)    The contribution of the proposed project toward meeting State and local solid waste plans and goals; and
(8)    Measures to assure accountability for all funds awarded under § 9–275(b)(3) of this subtitle.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part VI - State Used Tire Cleanup and Recycling Fund › Section 9-278 - Financial Assistance

(a)    To the extent not inconsistent with this subtitle, a grant, or loan, or loan guarantee agreement shall contain those conditions that the Secretary requires by regulation and that the Board of Public Works requires on a specific application for financial assistance in order to achieve the goals of this subtitle and to otherwise protect the interests of the State.
(b)    A State loan extended under this subtitle:
(1)    Shall bear at least the same rate of interest as the most recent State general obligation bond sale preceding the date of approval by the Board of Public Works; and
(2)    Shall be repaid within 30 years.
(c)    A loan guarantee of the principal of or interest on any commercial loan or obligation to finance the eligible cost of a project under this subtitle may only be made if:
(1)    The applicant certifies that the applicant is unable to obtain on reasonable terms sufficient credit to finance its actual needs without the guarantee; and
(2)    The Board of Public Works determines that there is a reasonable assurance of repayment of the loan obligation.
(d)    The eligible cost of a project for State financial assistance under § 9–275(b)(3) of this subtitle may include only the costs of plans, specifications, equipment, construction, and rehabilitation or improvement as approved by the Department.
(e)    State financial assistance under § 9–275(b)(3) of this subtitle may not exceed 50 percent of the eligible costs.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part VII - State Coal Combustion By-Products Management Fund › Section 9-281 - Definitions

(a)    In this part the following words have the meanings indicated.
(b)    (1)    “Coal combustion by–products” means the residue generated by, or resulting from, the burning of coal.
(2)    “Coal combustion by–products” includes fly ash, bottom ash, boiler slag, pozzolan, and other solid residuals removed by air pollution control devices from the flue gas and combustion chambers of coal–burning furnaces and boilers, including flue gas desulfurization sludge and other solid residuals recovered from flue gas by wet or dry methods.
(c)    “Fund” means the State Coal Combustion By–Products Management Fund.
(d)    (1)    “Generator” means a person whose operations, activities, processes, or actions create coal combustion by–products.
(2)    “Generator” does not include a person who only generates coal combustion by–products by burning coal at a private residence.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part VII - State Coal Combustion By-Products Management Fund › Section 9-282 - Fund

(a)    There is a State Coal Combustion By–Products Management Fund.
(b)    The Fund shall consist of:
(1)    Fees collected by the Department under § 9–283 of this subtitle;
(2)    Funds appropriated by the General Assembly for deposit to the Fund; and
(3)    Any additional money made available from any sources, public or private, for the purposes for which the Fund has been established.
(c)    (1)    The Fund is a special, continuing, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
(2)    Notwithstanding any law to the contrary, unused money in the Fund may not revert to the General Fund.
(d)    The Fund shall be maintained and administered by the Department in accordance with the provisions of this part and any regulations the Department adopts.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part VII - State Coal Combustion By-Products Management Fund › Section 9-283 - Fees for Coal Combustion By-Products

(a)    Except as provided in subsection (c) of this section, by regulation, the Department shall establish and collect a fee to be paid by a generator of coal combustion by–products, based on a per ton rate of coal combustion by–products generated by the generator annually.
(b)    The Department shall base the fees on the following factors:
(1)    The total annual tonnage of coal combustion by–products that the generator generates;
(2)    The type and volume of coal combustion by–products generated by the generator;
(3)    Whether the generator uses or disposes of the coal combustion by–products;
(4)    To the extent that the coal combustion by–products are used rather than disposed of, the types of the uses;
(5)    Whether the coal combustion by–products are transported for use or disposal out–of–state; and
(6)    Other factors the Department considers appropriate.
(c)    The Department may not establish or impose a fee on coal combustion by–products that are:
(1)    Beneficially used, as the Department determines; or
(2)    Used for coal mine reclamation in accordance with regulations the Department adopts or with regulations of the receiving state.
(d)    Fees imposed on coal combustion by–products that are transported for use or disposal out–of–state may not exceed 50% of the fees established for disposal in–State.
(e)    The fees collected by the Department under this section shall be deposited into the Fund and used in accordance with § 9–284 of this subtitle.
(f)    The fees imposed shall be set at the rate necessary to implement the purposes set forth in § 9–284 of this subtitle.
(g)    In any fiscal year, if the fee schedule established by the Department generates revenue that exceeds the amount necessary to operate a regulatory program to control the management of coal combustion by–products, the Department shall reduce the fees in the following fiscal year.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part VII - State Coal Combustion By-Products Management Fund › Section 9-284 - Use of Money

The Department shall use money in the Fund solely to administer and implement programs to control the disposal, use, beneficial use, recycling, processing, handling, storage, transport, or other requirements related to the management of coal combustion by–products, including all costs incurred by the State to:
(1)    Review, inspect, and evaluate monitoring data, applications, licenses, permits, utilization requests, plans, analyses, and reports;
(2)    Perform and oversee assessments, investigations, and research and remedial activities; and
(3)    Develop, adopt, and implement regulations, programs, or initiatives to address risks to human health and the environment related to the management of coal combustion by–products.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part VII - State Coal Combustion By-Products Management Fund › Section 9-285 - Report to General Assembly

Beginning November 1, 2010, the Department shall report each year to the General Assembly, in accordance with § 2–1257 of the State Government Article, on:
(1)    The status of the Fund;
(2)    Revenues of and expenditures from the Fund;
(3)    The efficiency of the regulatory program under this part;
(4)    Compliance rates within the regulatory program under this part; and
(5)    Based on the factors listed in items (1) through (4) of this section, the necessity to review and adjust the fee in accordance with § 9–283(g) of this subtitle.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part VIII - Coal Combustion By-Products › Section 9-289 - Regulations

(a)    (1)    In this part, “coal combustion by–product” means the residue generated by or resulting from the burning of coal.
(2)    “Coal combustion by–product” includes:
(i)    Fly ash;
(ii)    Bottom ash;
(iii)    Boiler slag;
(iv)    Pozzolan, as defined in § 15–407 of this article; and
(v)    Solid residuals removed by air pollution control devices from the flue gas and combustion chambers of coal–burning furnaces and boilers.
(b)    On or before December 31, 2009, the Department shall submit to the Joint Committee on Administrative, Executive, and Legislative Review regulations regarding:
(1)    Fugitive air emissions from the transportation of coal combustion by–products in the State; and
(2)    The permissible beneficial uses of coal combustion by–products in the State.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part VIII - Coal Combustion By-Products › Section 9-290 - Permit to Install New Refuse Disposal System

The Department may not issue a permit under this title to install a new refuse disposal system that would accept coal combustion by–products for disposal or for new noncoal mine reclamation using coal combustion by–products if the refuse disposal system or noncoal mine reclamation would be located in a critical area, as defined under § 8–1802 of the Natural Resources Article.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 3 - Water Pollution Control › Part I - Definitions; General Provisions › Section 9-301 - Definitions. [Effective Until July 1, 2028]

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Board” means the Water Science Advisory Board.
(c)    “CAFO” means a concentrated animal feeding operation, as defined in Department regulations.
(d)    “Discharge permit” means a permit issued by the Department for the discharge of any pollutant or combination of pollutants into the waters of this State.
(e)    “Person” includes the federal government, this State, any county, municipal corporation, or other political subdivision of this State, or any of their units.
(f)    “Reclaimed water” means sewage that:
(1)    Has been treated to a high quality suitable for various reuses; and
(2)    Has a concentration of less than:
(i)    3 fecal coliform colonies per 100 milliliters;
(ii)    10 milligrams per liter of 5–day biological oxygen demand; and
(iii)    10 milligrams per liter of total suspended solids.
(g)    “Sewage” means any human or animal excretion, domestic waste, or industrial waste.
(h)    (1)    “Sewerage system” means:
(i)    The channels used or intended to be used to collect and dispose of sewage; and
(ii)    Any structure and appurtenance used or intended to be used to collect or prepare sewage for discharge into the waters of this State.
(2)    “Sewerage system” includes any sewer of any size.
(3)    “Sewerage system” does not include the plumbing system inside any building served by the sewerage system.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 3 - Water Pollution Control › Part I - Definitions; General Provisions › Section 9-302 - Legislative Policy

(a)    The purpose of this subtitle is to establish effective programs and to provide additional and cumulative remedies to prevent, abate, and control pollution of the waters of this State.
(b)    Because the quality of the waters of this State is vital to the interests of the citizens of this State, because pollution is a menace to public health and welfare, creates public nuisances, harms wildlife, fish, and aquatic life, and impairs domestic, agricultural, industrial, recreational, and other legitimate beneficial uses of water, and because the problem of water pollution in this State is closely related to the problem of water pollution in adjoining states, it is the policy of this State:
(1)    To improve, conserve, and manage the quality of the waters of this State;
(2)    To protect, maintain, and improve the quality of water for public supplies, propagation of wildlife, fish, and aquatic life, and domestic, agricultural, industrial, recreational, and other legitimate beneficial uses;
(3)    To provide that no waste is discharged into any waters of this State without first receiving necessary treatment or other corrective action to protect the legitimate beneficial uses of the waters of this State;
(4)    Through innovative and alternative methods of waste and wastewater treatment, to provide and promote prevention, abatement, and control of new or existing water pollution; and
(5)    To promote and encourage the use of reclaimed water in order to conserve water supplies, facilitate the indirect recharge of groundwater, and develop an alternative to discharging wastewater effluent to surface waters, thus pursuing the goal of the Clean Water Act to end the discharge of pollutants and meet the nutrient reduction goals of the Chesapeake Bay Agreement.
(c)    (1)    The Department shall cooperate with local governments, agencies of other states, and the federal government in carrying out the objectives of subsection (b) of this section.
(2)    The Department may consult with the State Plumbing Board, as appropriate, on matters relating to the objectives of subsection (b)(5) of this section.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 3 - Water Pollution Control › Part I - Definitions; General Provisions › Section 9-303.1 - Use of Reclaimed Water

(a)    The Department shall encourage the use of reclaimed water as an alternative to discharging wastewater effluent into the surface waters of the State.
(b)    Reclaimed water may be used for irrigation of:
(1)    Farmland;
(2)    Golf courses;
(3)    Athletic fields;
(4)    Turf;
(5)    Landscaping; and
(6)    Any other use that the Department considers appropriate.
(c)    The Department may establish buffer and setback requirements for the use of reclaimed water under subsection (b) of this section as follows:
(1)    From potable wells and surface water intakes, up to 100 feet;
(2)    From intermittent and perennial streams and residential structures, up to 25 feet;
(3)    From schools and playgrounds, up to 50 feet; and
(4)    From public roads and residential property lines, up to 25 feet.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 3 - Water Pollution Control › Part II - Water Science Advisory Board › Section 9-306 - Membership

(a)    (1)    The Board consists of 9 members appointed by the Governor.
(2)    Of the Board members:
(i)    1 shall be appointed from a list of at least 3 qualified individuals submitted to the Governor by the Chancellor of the University System of Maryland;
(ii)    1 shall be appointed from a list of at least 3 qualified individuals submitted to the Governor by the President of The Johns Hopkins University; and
(iii)    7 shall be representatives of institutions of higher learning, private industry, or agencies of government or other public bodies that normally are not associated with water pollution control activities.
(b)    Each member shall be an individual who has scientific or technical expertise.
(c)    (1)    The term of a member is 5 years.
(2)    The terms of members are staggered as required by the terms provided for members of the Board on July 1, 1982. The terms of those members end as follows:
(i)    2 in 1983;
(ii)    1 in 1984;
(iii)    2 in 1985;
(iv)    2 in 1986; and
(v)    2 in 1987.
(3)    At the end of a term, a member continues to serve until a successor is appointed and qualifies.
(4)    If a member who was appointed from a list required by subsection (a) of this section dies, resigns, or otherwise ceases to be a member, a successor shall be appointed from a list submitted to the Governor in the manner required by subsection (a) of this section.
(5)    A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
(6)    A member may be appointed to successive terms.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 3 - Water Pollution Control › Part II - Water Science Advisory Board › Section 9-308 - Board Secretary

(a)    The Governor shall appoint a Board secretary.
(b)    The Board secretary may, but need not, be a member of the Board.
(c)    The Board secretary:
(1)    May not receive compensation; but
(2)    Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 3 - Water Pollution Control › Part II - Water Science Advisory Board › Section 9-309 - Meetings; Compensation

(a)    The Board shall meet at the times and places that the Governor or the chairman determines.
(b)    A member of the Board:
(1)    May not receive compensation; but
(2)    Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 3 - Water Pollution Control › Part II - Water Science Advisory Board › Section 9-310 - Purpose of Board

The purpose of the Board is to provide State water pollution control programs with the advice and assistance of the scientific capabilities of institutions of higher learning, private industry, and agencies of government and other public bodies that normally are not associated with water pollution control activities.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 3 - Water Pollution Control › Part III - Powers and Duties of Department › Section 9-313 - Rules and Regulations -- in General

(a)    The Department may adopt rules and regulations to carry out the provisions of this subtitle.
(b)    In adopting any rule or regulation under this subtitle, the Department shall consider:
(1)    Existing physical conditions;
(2)    The character of the area involved, including surrounding land uses;
(3)    Priority ranking of waters as to effluent limits;
(4)    Zoning;
(5)    The nature of the existing receiving body of water;
(6)    The technical feasibility of measuring or reducing the particular type of water pollution;
(7)    The economic reasonableness of measuring or reducing the particular type of water pollution; and
(8)    The purposes of this subtitle.
(c)    Except as this subtitle otherwise provides for a particular type of rule or regulation, a rule or regulation adopted under this subtitle may:
(1)    Impose, as circumstances require, different requirements for different pollutant sources and for different geographical areas;
(2)    Apply to sources located outside this State that cause, contribute to, or threaten environmental damage in this State; and
(3)    Make special provisions for alert and abatement standards and procedures for occurrences or emergencies of pollution or on other short term conditions that are an acute danger to health or to the environment.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 3 - Water Pollution Control › Part III - Powers and Duties of Department › Section 9-314 - Rules and Regulations -- Water Quality Standards and Effluent Standards

(a)    The Department may adopt rules and regulations that set, for the waters of this State, water quality standards and effluent standards. These standards shall be designed to protect:
(1)    The public health, safety, and welfare;
(2)    Present and future use of the waters of this State for public water supply;
(3)    The propagation of aquatic life and wildlife;
(4)    Recreational use of the waters of this State; and
(5)    Agricultural, industrial, and other legitimate uses of the waters of this State.
(b)    The rules and regulations adopted under this section shall include at least the following:
(1)    Water quality standards that specify the maximum permissible short term and long term concentrations of pollutants in the water, the minimum permissible concentrations of dissolved oxygen and other desirable matter in the water, and the temperature range for the water.
(2)    Effluent standards that specify the maximum loading or concentrations and the physical, thermal, chemical, biological, and radioactive properties of wastes that may be discharged into the waters of this State.
(3)    Definition of technique for filling and sealing abandoned water wells and holes, for disposal wells, for deep mines and surface mines, and for landfills to prevent groundwater contamination, seepage, and drainage into the waters of this State.
(4)    Requirements for the sale, offer, use, or storage of pesticides and other substances that the Department finds to constitute water pollution hazards.
(5)    Procedures for water pollution incidents or emergencies that constitute an acute danger to health or the environment.
(6)    Provisions for equipment and procedures for monitoring pollutants, collecting samples, and logging and reporting of monitoring.
(c)    Effluent standards set under this section shall be at least as stringent as those specified by the National Pollutant Discharge Elimination System.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 3 - Water Pollution Control › Part III - Powers and Duties of Department › Section 9-315 - Rules and Regulations -- Procedural Rules and Regulations

Except as provided in § 4-405 of this article, the Department may adopt procedural rules and regulations as necessary to carry out the provisions of this subtitle.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 3 - Water Pollution Control › Part III - Powers and Duties of Department › Section 9-316 - Rules and Regulations -- Procedures for Adoption

(a)    The Department may not adopt any rule or regulation under this subtitle unless the requirements of this section and the Administrative Procedure Act are met.
(b)    Before adopting any rule or regulation under this subtitle, the Department shall announce and hold a public hearing on the subject.
(c)    (1)    Before the public hearing, the Department shall publish notice of the hearing.
(2)    The notice shall state:
(i)    The date, time, and place of the hearing;
(ii)    The general subject of the rules and regulations that are to be considered at the hearing; and
(iii)    If appropriate, the specific waters for which standards are sought to be adopted, amended, or repealed.
(d)    At the public hearing, any interested person may submit information or views, orally or in writing.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 3 - Water Pollution Control › Part III - Powers and Duties of Department › Section 9-317 - Annual Report

The Department shall publish annually on its Web site the total amount of:
(1)    Sewage overflow, in gallons, from State sewerage systems into the Chesapeake Bay and its tributaries during the previous year; and
(2)    Fines collected as a result of sewage overflows into the Chesapeake Bay and its tributaries during the previous year.