reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part II - Water Supply Systems, Sewerage Systems, and Refuse Disposal Systems › Section 9-208 - Secretary to Advise Persons and Businesses

(a)    On request, the Secretary shall consult with and advise the owner, operator, prospective owner, or prospective operator of an existing or planned water supply system, drainage system, sewerage system, or refuse disposal system with respect to the existing and future needs of all persons and communities that may be affected on any of the following aspects of the system:
(1)    The most appropriate source of water;
(2)    The best method of assuring the purity of the water; and
(3)    The best method of disposing of drainage, sewage, or refuse.
(b)    On request, the Secretary shall consult with and advise the owner, operator, prospective owner, or prospective operator of any business that produces sewage that may pollute the waters of this State.
(c)    The Secretary may conduct any experiment relating to the purification of water or the treatment of sewage or refuse.
(d)    A person need not pay for consultation, advice, or experiments that the Secretary provides under this section.
(e)    (1)    Under this section, the Secretary shall give only preliminary information that outlines the best course to pursue.
(2)    Unless the Governor or the General Assembly delegates this authority specifically to the Secretary, and unless adequate special appropriation is provided for this purpose, the Secretary need not prepare plans, specifications, or detailed estimates for any improvement.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part II - Water Supply Systems, Sewerage Systems, and Refuse Disposal Systems › Section 9-209 - Landfill Systems -- Hearings

(a)    The applicant shall give notice of the application, the informational meeting, and hearings:
(1)    To the public in compliance with Title 1, Subtitle 6 of this article;
(2)    By certified mail to the board of county commissioners or the county council of any county and the chief executive of any county or municipal corporation that the Department determines may be affected by the incinerator for public use or landfill system, including any county or municipal corporation within one mile of the property line of the proposed incinerator for public use or landfill system;
(3)    To the Department of Natural Resources, by certified mail;
(4)    By certified mail to each member of the General Assembly representing any part of:
(i)    A county in which the landfill system or incinerator for public use is located; or
(ii)    A county within 1 mile of the property line of the proposed landfill system or incinerator for public use;
(5)    To record owners of real property within 1,000 feet of the property line of the proposed incinerator for public use or landfill system, by certified mail to the addresses of record owners as indicated in the records of the State Department of Assessments and Taxation; and
(6)    By posting a notice of the application, the informational meeting, and hearings in a conspicuous space on the site of the proposed incinerator for public use or landfill system.
(b)    The local officials notified under subsection (a)(2) of this section shall give notice of the application, the informational meeting, and hearings to all interested agencies of their respective jurisdictions.
(c)    To the extent practicable, the Department and other units of the State government shall consolidate the informational meeting and hearings concerning permits for the same landfill system or incinerator for public use.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part II - Water Supply Systems, Sewerage Systems, and Refuse Disposal Systems › Section 9-210 - Landfill Systems -- Prerequisites for Issuance of Permit

(a)    Subject to the provisions of subsection (b) of this section, the Secretary may not issue a permit to install, materially alter, or materially extend a refuse disposal system regulated under § 9-204(a) of this subtitle until the requirements set forth in this subsection are met in the following sequence:
(1)    Except for the opportunity for a public informational meeting, the Department has completed its preliminary phase 1 technical review of the proposed refuse disposal system;
(2)    The Department has reported the findings of its preliminary phase 1 technical review, in writing, to the county’s chief elected official and planning commission of the county where the proposed refuse disposal system is to be located; and
(3)    The county has completed its review of the proposed refuse disposal system, and has provided to the Department a written statement that the refuse disposal system:
(i)    Meets all applicable county zoning and land use requirements; and
(ii)    Is in conformity with the county solid waste plan.
(b)    Upon completion of the requirements of subsection (a)(1) and (2) of this section, the Department shall cease processing the permit application until the requirements of subsection (a)(3) of this section are met.
(c)    (1)    The Secretary may not issue a permit for a rubble landfill under § 9-204(a) of this subtitle unless the county in which the rubble landfill is located has specified the types of waste that may be disposed of in that rubble landfill in its county solid waste management plan under Subtitle 5 of this title.
(2)    The types of waste that a county may allow to be disposed of in a rubble landfill under this section include:
(i)    Trees;
(ii)    Land clearing debris that is not a controlled hazardous substance as defined in Title 7, Subtitle 2 of this article;
(iii)    Demolition debris that is not a controlled hazardous substance as defined in Title 7, Subtitle 2 of this article; and
(iv)    Construction debris that is not a controlled hazardous substance as defined in Title 7, Subtitle 2 of this article.
(3)    The following types of waste may be disposed of in a rubble landfill subject to the regulations adopted under this subtitle if the disposal of these wastes is expressly approved by the county in its county solid waste management plan:
(i)    Asbestos, if:
1.    The asbestos is wet or otherwise in accordance with federal national emission standards for hazardous air pollution when delivered to the landfill; and
2.    The owner or operator of the landfill retains a record that clearly delineates where the asbestos has been deposited;
(ii)    White goods; and
(iii)    Subject to § 9-228(f) of this subtitle, scrap tires.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part II - Water Supply Systems, Sewerage Systems, and Refuse Disposal Systems › Section 9-211.1 - Regulations Governing Financial Assurance for Sanitary Landfills Accepting Municipal Solid Waste

(a)    (1)    The Department shall adopt regulations governing financial assurance for sanitary landfills that accept municipal solid waste.
(2)    For municipal solid waste landfills, the regulations shall be consistent with and may not exceed the requirements of federal regulations governing financial assurance (40 C.F.R. § 258.70 through 258.74).
(3)    A regulation adopted under this section which is applicable to municipal solid waste landfills may not take effect until after the effective date of federal regulations governing financial assurance adopted pursuant to 40 C.F.R. § 258.70 through 258.74 and shall cease to be effective whenever those federal regulations are suspended or repealed.
(b)    Before the Secretary issues a permit for a sanitary landfill, the applicant for the permit shall provide proof of financial assurance in accordance with the regulations adopted by the Department under this section.
(c)    Until the regulations adopted by the Department under subsection (a) of this section are effective, or if those regulations cease to be effective, sanitary landfills that accept municipal solid waste shall comply with the requirements of § 9-211 of this subtitle.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part II - Water Supply Systems, Sewerage Systems, and Refuse Disposal Systems › Section 9-212 - Landfill Systems -- Option to Purchase

(a)    (1)    As a condition precedent to the issuance by the Secretary of a permit for a landfill under this subtitle, the county or municipal corporation with jurisdiction over the landfill may require the owner of the site where the landfill is to be located to grant an option for the county or municipal corporation to purchase the site for open space or recreational purposes.
(2)    An option required under this subsection expires on the earlier of:
(i)    The date specified in the option; or
(ii)    The date when the landfill ceases to be actively used.
(b)    (1)    If the county or municipal corporation with jurisdiction over the landfill does not require an option under subsection (a) of this section, the State may require an option for the State to purchase the site for open space or recreational purposes.
(2)    If the county or municipal corporation with jurisdiction over the landfill requires but will not exercise an option under subsection (a) of this section, the State may exercise the option.
(c)    Any option granted under this section is binding on any heir, representative, successor, or assign of the grantor.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part II - Water Supply Systems, Sewerage Systems, and Refuse Disposal Systems › Section 9-212.1 - Landfill Systems -- Denial of Permit to Nongovernmental Person

The Department may deny an application for a permit for a sanitary landfill system to any nongovernmental person if:
(1)    The owner of the land, the operator, or the applicant has violated:
(i)    Any law of this State or any other state concerning sanitary landfills; or
(ii)    Any regulation or permit condition of this State or any other state concerning sanitary landfills; or
(2)    The Department finds that operation of the sanitary landfill system would harm public health or the environment.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part II - Water Supply Systems, Sewerage Systems, and Refuse Disposal Systems › Section 9-213 - Landfill Systems -- Term of Permit

(a)    A permit for a landfill system expires on the 5th anniversary of its date of issue, unless the permit is renewed for a 5-year term as provided in this section.
(b)    Before a permit for a landfill system expires, the permit holder may renew it for an additional 5-year term, if the permit holder:
(1)    Submits to the Department a renewal application on the form that the Department requires;
(2)    Gives notice, by certified mail, of the renewal application to each member of the General Assembly in whose district the landfill system is located; and
(3)    Obtains the written approval of the Department.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part II - Water Supply Systems, Sewerage Systems, and Refuse Disposal Systems › Section 9-214 - Landfill Systems -- Revoking or Refusing to Renew Permit

The Department may refuse to renew a permit for a landfill system if:
(1)    The permit holder violates any provision of this subtitle, any regulation adopted under this subtitle, any condition of the permit, or, if operating a landfill in another state, any statute, regulation, or permit of that state concerning landfill systems;
(2)    The Department finds that continued operation of the landfill system would be injurious to public health or the environment; or
(3)    The Department finds that there is any other good cause.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part II - Water Supply Systems, Sewerage Systems, and Refuse Disposal Systems › Section 9-215 - Landfill Systems -- Closing and Covering When Operations End

(a)    When landfill operations end, the holder of a permit issued under this subtitle for a landfill system shall close and cover all of the land for which the permit was issued in a manner that prevents:
(1)    Erosion;
(2)    Health and safety hazards;
(3)    Nuisances; and
(4)    Pollution.
(b)    The Department shall adopt regulations that set standards for the closing and covering of landfill systems.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part II - Water Supply Systems, Sewerage Systems, and Refuse Disposal Systems › Section 9-216 - Permitted Use of Certain Sewage Disposal Systems in Coastal Plain Physiographic Province

(a)    In the coastal plain physiographic province of this State, a person may use any of the conventional, on-site sewage disposal systems identified in subsection (b) of this section if:
(1)    The system is recommended by the Department as being the most appropriate; and
(2)    The Secretary does not determine that the installation of the specific proposed system would be prejudicial to public health, safety, and welfare.
(b)    Systems that may be used under subsection (a) of this section are:
(1)    A septic tank or aerobic treatment system with:
(i)    Standard trench or deep trench subsurface irrigation;
(ii)    A seepage pit; or
(iii)    A sand mound disposal system; and
(2)    Any other on-site sewage disposal system that the Department in its regulations states is conventional.
(c)    The Department may adopt regulations to carry out this section.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part II - Water Supply Systems, Sewerage Systems, and Refuse Disposal Systems › Section 9-217 - Testing and Evaluating Lots for On-Site Sewage Disposal Systems

Notwithstanding any provision of this title or any regulation of the Department that prohibits the installation of a specific on-site sewage disposal system, at the request of a person who owns a lot that was legally established on November 17, 1985, the Department shall test and evaluate the lot for an on-site sewage disposal system as if the person had applied to the Department and the Department had acted on the application on November 17, 1985.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part II - Water Supply Systems, Sewerage Systems, and Refuse Disposal Systems › Section 9-217.2 - Licensing Requirement for Inspecting On-Site Sewage Disposal Systems -- Adoption of Regulations -- Licensing Application -- Penalty for Violations -- Additional Requirements Authorized.

** IN EFFECT UNTIL JUNE 30, 2025 PER CHAPTER 419 OF 2022 **
(a)    In this section, “license holder” means an individual who holds a valid on–site wastewater property transfer inspection license issued by the Department under this section.
(b)    This section does not apply to an individual who inspects an on–site sewage disposal system as a part of the individual’s duties as an employee of the federal government, the State, or any local government of the State.
(c)    On or after July 1, 2022, an individual may not engage in the business of inspecting an on–site sewage disposal system unless the individual holds a valid on–site wastewater property transfer inspection license issued by the Department.
(d)    (1)    On or before January 1, 2022, the Department shall adopt regulations establishing eligibility criteria, minimum training standards for on–site wastewater property transfer inspection licenses, the frequency with which licenses must be renewed, and the fees for license applications and renewals.
(2)    The regulations adopted under this subsection shall require that:
(i)    The training include instruction on determining whether an on–site sewage disposal system is:
1.    In need of replacement or repair; and
2.    Not in compliance with statutory or regulatory requirements; and
(ii)    Each inspection performed by a license holder follows the inspection format provided by the Department.
(e)    An applicant for a license under this section shall:
(1)    Submit an application to the Department on the form the Department provides; and
(2)    Pay an application fee set by the Department.
(f)    (1)    An individual who violates a provision of this section or any regulation adopted under this section is subject to an administrative penalty not exceeding $10,000.
(2)    Each on–site sewage disposal system that an individual knowingly inspects without a valid on–site wastewater property transfer inspection license constitutes a separate violation of this section.
(3)    Any administrative penalty collected by the Department under this subsection shall be paid into the separate account within the Bay Restoration Fund established under § 9–1605.2(h) of this title.
(g)    A local government may establish additional requirements for inspections of on–site sewage disposal systems.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part II - Water Supply Systems, Sewerage Systems, and Refuse Disposal Systems › Section 9-218 - Sanitary Facilities Fund; Funding of Planning

(a)    There is a Sanitary Facilities Fund.
(b)    The Department may use the Sanitary Facilities Fund to finance planning for water and sewerage facilities and for solid waste disposal facilities and solid waste acceptance facilities.
(c)    (1)    The Department also may use funds appropriated in the State budget for general local health services to finance planning under this section.
(2)    If the Department uses a general local health services appropriation to finance planning under this section, State, county, and local funds shall be provided in the same proportions as they would be provided to pay for minimum health services.
(d)    The Department and any county, or the Department and the Washington Suburban Sanitary Commission, jointly may finance planning under this section.
(e)    The Department and any local government may make a joint financing agreement to use any available federal grant for the planning under this section.
(f)    Any county or municipal corporation may appropriate its general funds to participate in the planning under this section.
(g)    If a special government agency is charged with providing sanitary facilities in a county or municipal corporation, the Department, the county, or the municipal corporation may make general funds available to that agency for the planning under this section.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part II - Water Supply Systems, Sewerage Systems, and Refuse Disposal Systems › Section 9-219 - Appropriation of Federal or Other Funds for Sewerage Systems, Collector Lines, or Facilities in Patuxent River Watershed

(a)    This section does not apply if the State would lose or be denied any federal assistance or other funds because of its application.
(b)    (1)    If federal grants, loans, or other funds are available for sewerage systems in the Patuxent River Watershed area, the Department shall use them to upgrade and floodproof existing sewerage systems, collector lines, or facilities in the area to meet standards currently in effect under this subtitle.
(2)    If available funds can be used to upgrade and floodproof any existing sewerage systems, collector lines, or facilities in the Patuxent River Watershed area, the Department may not use the funds to construct any new sewerage system, collector line, or facility in the area.
(c)    Notwithstanding subsection (b) of this section, the Department may use available funds to construct a new sewerage system, collector line, or facility that does not discharge into a river, including a new sewerage system that incorporates land disposal of treated sewage effluent.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part II - Water Supply Systems, Sewerage Systems, and Refuse Disposal Systems › Section 9-220 - Order by Secretary if Water Supply System, Sewerage System, or Refuse Disposal System Is Inefficient; Action by Secretary if Results Are Not Produced

(a)    The Secretary shall order the owner or person in charge of a water supply system, sewerage system, or refuse disposal system to correct the following improper conditions, if, after investigation, the Secretary determines that, because of incompetent supervision or inefficient operation, the water supply system, sewerage system, or refuse disposal system:
(1)    Is not producing reasonable results from a sanitary viewpoint;
(2)    Is a menace to health or comfort; or
(3)    Is causing a nuisance.
(b)    The order shall require that the water supply system, sewerage system, or refuse disposal system produce specific, reasonable results within a time that the Secretary sets.
(c)    (1)    If the water supply system, sewerage system, or refuse disposal system does not produce the required results within the time that the Secretary sets, the Secretary may order the owner or person in charge to appoint, within a time that the Secretary sets, a person approved by the Secretary to take charge of and operate the system in a manner that will secure the results demanded by the Secretary.
(2)    The person who is served with an order under paragraph (1) of this subsection shall pay the salary of the person who is appointed in compliance with the order.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part II - Water Supply Systems, Sewerage Systems, and Refuse Disposal Systems › Section 9-221 - Order to Alter, Extend, or Install Water Supply System, Sewerage System, or Refuse Disposal System; Powers of Health Officer

(a)    If, after investigation, the Department determines that any water supply system, sewerage system, or refuse disposal system is a menace to health or comfort or is causing a nuisance, and that conditions cannot be improved sufficiently only by changing the method of operation, the Department may order the owner:
(1)    To alter or extend the water supply system, sewerage system, or refuse disposal system; or
(2)    To install a new water supply system, sewerage system, or refuse disposal system.
(b)    An order under subsection (a) of this section shall state a reasonable date for completion of the work.
(c)    The Secretary may authorize a health officer:
(1)    To investigate refuse disposal systems; and
(2)    To enforce any regulation of the Department concerning refuse disposal systems.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part II - Water Supply Systems, Sewerage Systems, and Refuse Disposal Systems › Section 9-222 - Secretary May Order Installation of Public Water Supply System, Public Sewerage System, or Refuse Disposal System

(a)    The Secretary may issue an order under subsection (b) of this section, if, after investigation, the Secretary determines that the absence or incompleteness of a public water supply system, public sewerage system, or refuse disposal system in a county, municipal corporation, sanitary district, subdivision, or locality:
(1)    Is sufficiently prejudicial to the health or comfort of that or any other county, municipal corporation, sanitary district, subdivision, or locality; or
(2)    Causes a condition by which any of the waters of this State are being polluted or could become polluted in a way that is dangerous to health or is a nuisance.
(b)    An order under this section may require:
(1)    The installation, alteration, extension, utilization, operation, or the completion of a public water supply system, public sewerage system, or refuse disposal system in a county, municipal corporation, sanitary district, subdivision, or locality within a time that the Secretary sets; or
(2)    The installation of any device, the establishment of any method, or the enforcement of any measure or regulation that the Secretary considers proper under the circumstances.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part II - Water Supply Systems, Sewerage Systems, and Refuse Disposal Systems › Section 9-223 - Connecting Property With Water Supply System or Sewerage System; Use of Private Sewage Disposal System; Privies and Shallow Wells for Certain Religious Groups

(a)    If a water supply system that serves the public or a sewerage system that serves the public is directly available to service any property on which there is a spring, well, cesspool, privy, sink drain, or private sewage disposal system that is or could become prejudicial to health or the environment, the Secretary may order that:
(1)    The property be connected with the water supply system or sewage disposal system; and
(2)    The spring, well, cesspool, privy, sink drain, or private sewage disposal system be abandoned in a condition that will prevent it from being used or harming health.
(b)    If the Secretary determines that a proposed well, cesspool, privy, sink drain, or private sewage disposal system would be prejudicial to health, the Secretary may prevent construction of the well, cesspool, privy, sink drain, or private sewage disposal system.
(c)    (1)    This subsection does not apply to:
(i)    The construction of a new dwelling; or
(ii)    Any addition to or renovation of an existing dwelling.
(2)    The Secretary shall allow the owner of a dwelling unit to install an on-site sewage disposal system for the dwelling unit if:
(i)    The dwelling unit is owner-occupied;
(ii)    The dwelling unit is legally situated on a property and legally occupied; and
(iii)    The Secretary finds that the on-site sewage disposal system would be a reasonable solution to sewage problems on the property and would not be an undue risk to the environment or to public health, safety, or welfare.
(d)    (1)    A person may not build a privy in this State unless the privy will, in the judgment of the Secretary, prevent:
(i)    The soil from coming in contact with any fecal matter; and
(ii)    Flies from gaining access to any fecal matter.
(2)    If the Secretary finds that a person has built a privy in violation of paragraph (1) of this subsection, the Secretary shall:
(i)    Condemn the privy; and
(ii)    Order any change sufficient to bring about compliance with paragraph (1) of this subsection.
(3)    This section does not authorize the Secretary to prohibit a bona fide religious group from the free exercise of their religious beliefs by constructing a shallow well or a privy, if the well or privy:
(i)    Is built in accordance with specified standards; and
(ii)    Is not prejudicial to health or to the environment.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part II - Water Supply Systems, Sewerage Systems, and Refuse Disposal Systems › Section 9-223.1 - Compliance With Detectable Wire Requirements for Connections to Water Supply or Sewerage Systems

Any new or replacement piping that is buried or installed for the purpose of connecting a building to a water supply system or a sewerage system shall comply with the requirements of § 12–129 of the Public Utilities Article.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part II - Water Supply Systems, Sewerage Systems, and Refuse Disposal Systems › Section 9-224 - Waste Disposal at and Water Pollution From Industrial Establishments

(a)    On request of the Secretary, the owner or operator of an industrial establishment shall submit to the Secretary any plan, information, or record concerning the waste disposal methods the industrial establishment uses.
(b)    (1)    If the Secretary finds that public health or comfort is or may be threatened because the wastes of an industrial establishment have polluted or are polluting the waters of this State or because of the waste disposal methods an industrial establishment uses, the Secretary shall order the owner or operator of the industrial establishment:
(i)    To stop polluting the body of water into which the industrial establishment discharges its waste; or
(ii)    To alter the waste disposal methods of the industrial establishment in any way that the Secretary considers necessary to protect public health and comfort.
(2)    The owner or operator of an industrial establishment shall comply with an order issued under paragraph (1) of this subsection within the time set by the Secretary.
(c)    A person who is subject to an order issued under this section shall have a permit issued by the Secretary under § 9-204 of this subtitle before the person may change the waste disposal methods used by an industrial establishment.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part II - Water Supply Systems, Sewerage Systems, and Refuse Disposal Systems › Section 9-225 - Landfill Near Hospital Prohibited

Unless a person applied for the permit before October 1, 1981, the Secretary may not issue a permit for a proposed landfill that would be within one-half mile of any hospital.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part II - Water Supply Systems, Sewerage Systems, and Refuse Disposal Systems › Section 9-226 - Certificate of Public Necessity Required for Hazardous Waste Landfill System

If a landfill system for hazardous wastes does not qualify for a certificate of public necessity under § 7-405(d)(2) of this article, the Secretary may not issue a permit for the system.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part II - Water Supply Systems, Sewerage Systems, and Refuse Disposal Systems › Section 9-227 - Infectious Waste in Landfill System Prohibited

(a)    (1)    In this section the following words have the meanings indicated.
(2)    (i)    “Infectious waste” means any waste that comes from a hospital, laboratory, or other health care facility as defined in § 19-114 of the Health - General Article and that is known or suspected to be contaminated with organisms capable of producing disease or infection in humans.
(ii)    “Infectious waste” includes:
1.    Contaminated disposable equipment, instruments, and utensils;
2.    Contaminated needles, scalpels, and razor blades;
3.    Human tissues and organs that result from surgery, obstetrics, or autopsy;
4.    Feces, urine, vomitus, and suctionings;
5.    Live vaccines for human use;
6.    Blood and blood products; and
7.    Laboratory specimens, such as tissues, blood elements, excreta, and secretions.
(b)    A hospital, laboratory, or other health care facility as defined in § 19-114 of the Health - General Article may not dispose of infectious waste, or cause infectious waste to be disposed of, in a landfill system in this State.
(c)    The Secretary is responsible with law enforcement personnel in this State for monitoring and enforcing subsection (b) of this section.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part II - Water Supply Systems, Sewerage Systems, and Refuse Disposal Systems › Section 9-228.1 - Documents Under Oath

(a)    A requirement in this subtitle that a document be under oath means that the document shall be supported by a signed statement made under the penalties of perjury that the contents of the document are true to the best of the knowledge, information, and belief of the individual making the statement.
(b)    The oath or affirmation shall be made:
(1)    Before an individual authorized to administer oaths, who shall certify in writing to have administered the oath or taken the affirmation; or
(2)    By a signed statement that:
(i)    Is in the document or attached to and made part of the document; and
(ii)    Is expressly made under the penalties for perjury.
(c)    If the procedures provided in subsection (b)(2) of this section are used, the affidavit subjects the individual making it to the penalties for perjury to the same extent as an oath or affirmation made before an individual authorized to administer oaths.
(d)    A document made under oath shall be signed:
(1)    For a corporation, by an officer of the corporation authorized to do so;
(2)    For a sole proprietorship, by its owner; or
(3)    For a partnership, by a partner authorized to do so.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part II - Water Supply Systems, Sewerage Systems, and Refuse Disposal Systems › Section 9-229 - Documents Under Oath -- Action by Secretary

(a)    Unless the Secretary determines that a removal and remedial action will be done properly and in a timely manner by the owner or operator of a site where used tires are stored or disposed of, if used tires are stored or disposed of at a site in a manner that may present a threat to the public health or environment, the Secretary may:
(1)    Act to remove or arrange for the removal of the used tires and provide for remedial action necessary to restore any natural resources; or
(2)    Take any other response measure that the Secretary considers necessary to protect the public health or welfare or the environment.
(b)    Nothing in this section shall prohibit the Secretary from abating a nuisance under the provisions of Title 10 of this article, regardless of the volume of used tires stored.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part III - Sewage Sludge › Section 9-230 - Regulations of Department

(a)    (1)    The Department of the Environment shall adopt regulations to carry out this Part III of this subtitle.
(2)    The Department of the Environment may not adopt a regulation or part of a regulation that deals with the land application of sewage sludge without the approval of the Department of Agriculture.
(b)    In adopting regulations under this Part III and §§ 9-269 and 9-270 of this subtitle, the Department of the Environment shall consider:
(1)    Alternative utilization methods;
(2)    Pathogen control;
(3)    Advertising requirements for public hearings and public information meetings;
(4)    Performance bonds, liability insurance, or other forms of security;
(5)    Procedures for notifying units of local government and other interested parties; and
(6)    Adequate standards for transporting sewage sludge, including requirements for enclosing or covering sewage sludge during transportation.
(c)    In addition to the considerations under subsection (b) of this section, in adopting regulations for the land application of sewage sludge, the Department of the Environment shall consider:
(1)    Methods for calculating loading rates that:
(i)    Will assure nondegradation of the groundwater supply; and
(ii)    For agricultural land, shall be limited by the nutrient requirements of crop or cover vegetation, as recommended by the Department of Agriculture;
(2)    The crops that are to be grown on land on which sewage sludge may be applied;
(3)    The nature of any nearby surface water or groundwater;
(4)    The character of any affected area;
(5)    The character of nearby existing or planned land uses and transport routes;
(6)    The nearness of the land on which sewage sludge may be applied to sensitive areas, including flood plains, wetlands, and areas of critical concern;
(7)    The definitions of:
(i)    Sewage sludge that is unsuitable for application to agricultural land;
(ii)    Agricultural land;
(iii)    Marginal land; and
(iv)    Compost;
(8)    Acceptable cumulative loading rates, including rates for nitrogen and heavy metals;
(9)    Special requirements of land used for producing tobacco; and
(10)    Reasonable buffer areas to separate any home or other property from land on which sewage sludge may be applied.
(d)    (1)    The Department shall adopt regulations to establish a mechanism for determining annual generator’s fees.
(2)    The regulations shall provide for public input into the development of fee schedules.
(3)    The fee schedules shall take into account:
(i)    The volume of sewage sludge generated by a sewage sludge generator;
(ii)    The method by which the sewage sludge is utilized;
(iii)    The anticipated costs of monitoring and regulating sewage sludge utilization sites;
(iv)    The anticipated needs of the State’s sewage sludge regulation program; and
(v)    The potential hazard of the sewage sludge generator’s activities to public health, safety, or welfare or to the environment.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part III - Sewage Sludge › Section 9-231 - Permit Required

(a)    A person shall have a sewage sludge utilization permit before the person utilizes sewage sludge in this State.
(b)    A person shall have a separate sewage sludge utilization permit for each site where the person utilizes sewage sludge.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part III - Sewage Sludge › Section 9-232 - Application for Permit

(a)    An applicant for a sewage sludge utilization permit shall:
(1)    Submit an application to the Department on the form that the Department requires;
(2)    Certify by signature the truth and accuracy of the completed application;
(3)    Pay the application fee set by the Department to cover the cost of processing the application;
(4)    Obtain the written consent of the owner of the land where the sewage sludge will be applied, including an agreement that the owner will not violate the permit; and
(5)    Agree to permit or secure access to the sewage sludge utilization site for the purpose of any inspection permitted under § 9-243 of this subtitle.
(b)    Before a sewage sludge utilization permit is issued, the applicant for the permit shall:
(1)    File with the Department acceptable evidence of a bond or other security that the Department requires under § 9-240 of this subtitle; and
(2)    Satisfy every other requirement of this Part III of this subtitle.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part III - Sewage Sludge › Section 9-233 - Compliance With County Requirements; Approval of Governing Body

The Department may not issue a permit to install, materially alter, or materially extend a sewage sludge composting facility or a sewage sludge storage facility until:
(1)    The sewage sludge composting facility or sewage sludge storage facility meets all zoning and land use requirements of the county where the sewage sludge composting or storage facility is to be located; and
(2)    In the case of a sewage sludge composting facility, the Department has a written statement that the board of county commissioners or the county council of the county where the sewage sludge composting facility is to be located does not oppose the issuance of the permit.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part III - Sewage Sludge › Section 9-234.1 - Hearing Prior to Issuance, Amendment, or Renewal of Permit

(a)    This section does not apply to the storage or distribution of sewage sludge at a sewage treatment plant.
(b)    Before the Secretary issues, amends, or renews a permit to an applicant or permit holder under § 9–232 or § 9–238 of this subtitle to install, materially alter, or materially extend a structure used for storage or distribution of any type of sewage sludge, the Department shall hold a public hearing on the application, amendment, or renewal.
(c)    The Department shall hold a public hearing in accordance with Title 1, Subtitle 6 of this article.
(d)    (1)    If more than one county or municipal corporation will be affected by the granting of the sludge storage permit application, the Department may hold a consolidated hearing in one county or municipal corporation.
(2)    If the Department holds a consolidated hearing under paragraph (1) of this subsection, the consolidated hearing shall be held in accordance with Title 1, Subtitle 6 of this article.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part III - Sewage Sludge › Section 9-235 - Notice to Local Health Officials and Soil Conservation Districts

The Department shall send to the local health official and the local soil conservation district:
(1)    A copy of any sewage sludge utilization permit issued in the county;
(2)    Notice of the denial of an application in the county for a sewage sludge utilization permit;
(3)    Notice of the suspension, revocation, modification, or termination of a sewage sludge utilization permit issued in the county;
(4)    A copy of any notice, complaint, or order that the Department issues in the county under Part III of this subtitle; and
(5)    A copy of any report filed with the Department pursuant to a condition of the permit.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part III - Sewage Sludge › Section 9-237 - Scope of Permit; Return of Sewage Sludge to Generator

(a)    A sewage sludge utilization permit authorizes the permit holder to utilize sewage sludge according to the terms of the permit.
(b)    Except as provided in subsection (c) of this section, if the utilizer is unable to utilize the sewage sludge as defined in the permit, the utilizer may return the sewage sludge to the generator provided that the utilizer obtains a new comprehensive analysis of the sewage sludge to be returned that indicates that:
(1)    The sewage sludge meets all applicable permit requirements; and
(2)    The sewage sludge may be utilized in the same manner, without additional treatment, as the sewage sludge that is generated by the generator.
(c)    If the utilizer returns the sewage sludge within 96 hours of the departure from the generator, the utilizer may not be required to obtain a new analysis of the sewage sludge.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part III - Sewage Sludge › Section 9-238 - Term and Renewal of Permit -- in General

(a)    A sewage sludge utilization permit expires on the date the Department sets at the time of issuance or renewal, unless the permit is renewed for another term as provided in this section.
(b)    Except as provided in subsection (c) of this section, the Department may renew a sewage sludge utilization permit if the permit holder:
(1)    Is in compliance with the permit and all appropriate regulations of the Department;
(2)    Submits to the Department a renewal application on the form that the Department requires; and
(3)    Pays the renewal application fee that the Department requires.
(c)    The Department may not renew or amend a permit to install, materially alter, or materially extend a structure used for storage or distribution of any type of sewage sludge unless the Department holds a public hearing on the renewal or amendment, as provided in § 9-234.1 of this subtitle.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part III - Sewage Sludge › Section 9-239 - Term and Renewal of Permit -- Permits in Effect on July 1, 1984

A sewage sludge utilization permit in effect on July 1, 1984 remains in effect until the expiration date of the permit.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part III - Sewage Sludge › Section 9-240 - Maintaining Bond or Other Security; Complying With Requirements

To keep a sewage sludge utilization permit, a person shall:
(1)    Maintain a performance bond or other security in the amount that the Department considers sufficient to guarantee the fulfillment of any requirement related to the permit; and
(2)    Comply with each other requirement that the Department sets.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part III - Sewage Sludge › Section 9-241 - Records Maintained by Department

To allow the public to identify every permit that the Department issues for a particular tract of land, the Department shall maintain a permanent public record of all sewage sludge utilization permits issued under § 9-236 of this subtitle.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part III - Sewage Sludge › Section 9-242 - Permit Holder to Keep Records and Furnish Information

The Department shall require each holder of a sewage sludge utilization permit to:
(1)    Keep records, including daily records of the source and amount of sewage sludge for each truckload delivered to the site;
(2)    Make reports, including reports of sewage sludge analysis, as often as necessary to assure that the sewage sludge meets permit requirements;
(3)    Have a copy of the report of sewage sludge analysis that is required under item (2) of this section available on the vehicle transporting the sewage sludge while the sewage sludge is being transported in the State;
(4)    Install, calibrate, use, and maintain monitoring equipment or methods, including biological monitoring methods and well monitoring, if appropriate;
(5)    Take samples in accordance with the methods, at the locations, at the intervals, and in the manner that the Department requires; and
(6)    Give to a representative of the Department or the local health official any information that the Department reasonably requires.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part III - Sewage Sludge › Section 9-244 - Credit of Fees to Maryland Clean Water Fund

The Department shall credit all sewage sludge generator’s fees, permit application fees, funds that the Department collects under this Part III and §§ 9–269 and 9–270 of this subtitle, and any civil or administrative penalty or fine imposed by a court under the provisions of this subtitle to the Maryland Clean Water Fund established under § 9–320 of this title.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part III - Sewage Sludge › Section 9-245 - Denial of Permit

The Department shall deny an application for a sewage sludge utilization permit if the Department finds that:
(1)    The applicant cannot utilize sewage sludge without:
(i)    Causing an undue risk to the environment or public health, safety, or welfare; or
(ii)    Otherwise violating this Part III, § 9-269, or § 9-270 of this subtitle;
(2)    The sewage sludge generator from which the sludge originated has not paid applicable generator’s fees; or
(3)    The sewage sludge has been generated in a state in which the laws or application of those laws do not result in the land application of sewage sludge in that state.