reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 2 - Organization and Authority of Unit Pertaining to Water and Water Resources -- in General › Section 5-203 - General Powers, Duties, and Responsibilities of Department

(a)    The Department has general supervisory power, regulation, and control over the water resources of the State within the boundaries of the tidal waters as provided in this article.
(b)    The Department shall exercise to the fullest extent possible the State’s responsibility for its water resources by planning and supervising multiple purpose development and conservation of the waters of the State for the State’s best interests and benefit. The Department shall develop a general water resources program which contemplates proper conservation and development of the waters of the State, in a manner compatible with multiple purpose management on a watershed or aquifer basis, or any other appropriate geographical unit. The program shall recognize and be consistent with functions of other State units. The Department shall be guided by the program in the performance of its duties.
(c)    The Department may make or cause to be made surveys, maps, investigations, and studies of water resources of the State necessary to provide sufficient information to formulate a program and perform its duties. The Department may contract for research or scientific investigation with the Natural Resources Institute of the University of Maryland, the Chesapeake Bay Institute of The Johns Hopkins University, or other appropriate research organizations.
(d)    The Department may operate, sell, buy, lease, exchange, rent, or repair any vehicle, vessel, boat, net, or other equipment necessary for its work. The Department may furnish a vehicle, vessel, or boat which the Department owns or operates with any required arms, ammunition, or equipment. The Department’s authority under this subsection is subject to the provisions of the code relating to budget and procurement.
(e)    In addition to powers and duties stated in this title, the Department may exercise authority reasonably necessary to carry out the purposes of this title.
(f)    (1)    The Department may issue orders for corrective measures to any person who the Department believes to be violating any provision of this title or any regulation adopted under this title.
(2)    The person to whom an order is issued may, on request, contest the order in a hearing before the Department. The Department, by regulation, shall adopt procedures by which the hearings are held.
(3)    A court action for violation of the terms of an order may not be instituted unless the violator has had opportunity for an administrative hearing. However, regardless of whether an order for corrective measures has been issued, the Department at any time may refer an alleged violation of this title or any regulation adopted under this title directly to the Attorney General for appropriate court action. This subsection does not prevent the Attorney General from taking immediate action against the violator.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 3 - Interstate Water Compacts › Section 5-304 - Interstate Commission on the Potomac River Basin -- Appointment and Terms of Alternate Members

The Governor of the State shall appoint an alternate member for each of the 3 members of the Commission for the State of Maryland created by § 5-303 of this subtitle. Each alternate shall have power to act in the absence of the person for whom he is alternate. The term of each alternate runs concurrently with the term of the member for whom he is an alternate.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 4 - Maryland Potomac Water Authority › Section 5-401 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Authority” means Maryland Potomac Water Authority.
(c)    “Federal government” means:
(1)    The United States of America; or
(2)    Any governmental agency of the United States of America.
(d)    “Initial cost” means the portion of water supply costs of the project which nonfederal entities must contract to repay prior to construction of the project. Actual payment of initial cost may be extended over a 50-year period beginning when augmented flow first is available from the project.
(e)    “Non-Maryland user” means a user not assessable by a represented county.
(f)    “Potomac River” means the main stem and North Branch of the Potomac River and its tributaries in those reaches below the augmented average flow surface level of the main stem and North Branch.
(g)    “Project” means a federally constructed dam, reservoir, and appurtenances on the North Branch of the Potomac River, commonly referred to as the Bloomington Dam project.
(h)    “Represented county” means any county enumerated in this subtitle as being within the district.
(i)    “The district”, unless otherwise indicated in the text to mean the District of Columbia, means the area of jurisdiction of the Authority, which includes the following counties: Allegany, Frederick, Garrett, Montgomery, Prince George’s, and Washington.
(j)    “User” means any person who uses water from the Potomac River for any purpose without regard to whether or not the water is consumed, altered, or replaced.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 4 - Maryland Potomac Water Authority › Section 5-402 - Established; Body Politic and Corporate; Powers and Legal Status Generally

There is a Maryland Potomac Water Authority, established as a governmental unit and body politic and corporate, vested with the authority granted under the Constitution and laws of the State. The Maryland Potomac Water Authority has and shall exercise authority to conserve, control, and use for beneficial service storm and floodwaters of the rivers and streams of the Potomac River watershed in the district. The Authority may adopt and use a corporate seal, contract, sue and be sued, and perform any other corporate act to carry out this subtitle.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 4 - Maryland Potomac Water Authority › Section 5-403 - Members; Chairman

(a)    (1)    The Authority consists of 10 members.
(2)    The Secretary, the Secretary of Planning, and the General Manager of the Washington Suburban Sanitary District are ex officio, nonvoting members. These ex officio members may designate alternates from among the senior employees to represent them at meetings of the Authority when they are unable to attend.
(3)    The governing body of each represented county shall appoint 1 of its members to serve as a member and 1 to serve as an alternate on the Authority at the pleasure of the governing body. Each member is a voting member except the member of the governing body of Garrett County, who is a nonvoting member until that county is assessed for payments to the Authority under the provisions of § 5–408 of this subtitle.
(4)    The Governor shall appoint 1 voting member to serve at the Governor’s pleasure and be chairman of the Authority.
(b)    A member serves without compensation but shall be reimbursed for necessary travel expenses and disbursements incurred performing the member’s official duties.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 4 - Maryland Potomac Water Authority › Section 5-406 - Contract With Federal Government Relative to Bloomington Dam Project

The Authority may contract with the federal government to acquire storage in the Bloomington Dam project to regulate the streamflow of the Potomac River for water supply subject to the provisions of the Constitution or laws of the State and the following restrictions:
(1)    Reservoir regulation to increase or decrease downstream flows for water supply purposes shall conform to a schedule agreed on in writing between the Authority and the federal government;
(2)    Any contract, revision, or change of any part of the agreement, prior to becoming effective, shall be reviewed by the Department and, as to legality, by the Attorney General;
(3)    No hold harmless or indemnity provision made a part of any contract the Authority enters into may bind the State or any of its political subdivisions;
(4)    The contract may not restrict access as provided by the Act of August 1, 1953 (67 Stat. 359); and
(5)    The terms of a contract between the Authority and the federal government may be renegotiated upon their mutual agreement.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 4 - Maryland Potomac Water Authority › Section 5-407 - Pledging State's Faith and Credit; Creating Debt or Obligation; Individual Liability on Contracts

Except as provided in § 5-408(c) of this subtitle, the Authority may not pledge the faith and credit of the State, nor create any debt or obligation of the State. If any pledge, debt, or obligation is created, it is invalid. The members of the Authority are not liable as individuals for any contract made on behalf of the Authority.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 4 - Maryland Potomac Water Authority › Section 5-408 - Charges to Pay for Initial Cost of Project

(a)    The Authority shall assess and collect charges for payment of the State’s share of the initial cost of the project. Each represented county is assessed at a rate calculated from a cost-sharing formula based on a withdrawal ratio calculated as the sum of the average daily withdrawals from the Potomac River by all represented counties and non-Maryland users during the month of maximum withdrawal in the preceding calendar year divided into the average daily withdrawals for the county from the Potomac River during the same month.
(b)    The Authority shall assess non-Maryland users subject to appropriation requirements in § 5-502 of this title based on a rate calculated by the same means used for assessment of represented counties. The Authority shall collect assessed charges from non-Maryland users in a manner the Authority prescribes.
(c)    The Authority may enter into any contract or agreement with the government of the District of Columbia for the District of Columbia to pay the Authority its equitable share of initial cost of the project. The contract shall contain provisions to which the Authority and the government of the District of Columbia agree and may include provisions to ascertain the District of Columbia’s equitable share of costs, periodic revision of the amount of that share, and other cost payments by the District of Columbia. Any executed contract or agreement has full force and effect as a contract between the District of Columbia and the State.
(d)    An assessment of charges shall be:
(1)    Determined when the first payment is due, based on the preceding calendar year’s daily withdrawal information; and
(2)    Updated annually.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 4 - Maryland Potomac Water Authority › Section 5-409 - Permit to Non-Maryland User to Include Provision for Payment

Any permit for the appropriation of water from the Potomac River the Department issues to any non-Maryland user shall include a provision for payment for the use based on the provisions of § 5-408 of this subtitle. The Department shall transfer the payment to the Authority for credit as the assessment of that non-Maryland user.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 4 - Maryland Potomac Water Authority › Section 5-411 - Collection Tax or Assessments in Represented County

To satisfy any assessment established under § 5-408 of this subtitle, each represented county, after public hearing, may impose reasonable assessment charges on users located in the county or employ any other means of assessment and collection authorized by law for collection of taxes or assessments, including imposing liens on real or personal property.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 4 - Maryland Potomac Water Authority › Section 5-412 - Receipt of Funds Authorized; Borrowing From State and Represented Counties

The Authority may receive from the State, its political subdivisions, the federal government, or any other source funds to apply to its obligations and duties under this subtitle. The Authority may borrow from the State and any represented county, and the State and any represented county may lend to the Authority funds the Authority requires to meet obligations under its contract with the federal government.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 5 - Appropriation or Use of Waters, Reservoirs, and Dams › Section 5-501 - Policy of State; Subtitle Supplemental to Existing Laws

(a)    In order to conserve, protect, and use water resources of the State in accordance with the best interests of the people of Maryland, it is the policy of the State to control, so far as feasible, appropriation or use of surface waters and groundwaters of the State. Also, it is State policy to promote public safety and welfare and control and supervise, so far as is feasible, construction, reconstruction, and repair of dams, reservoirs, and other waterworks in any waters of the State.
(b)    (1)    In accordance with the policy declared in this section, and provided that it will not jeopardize the State’s natural resources, when appropriating groundwater of the State in Carroll, Frederick, or Washington counties, the Department may give priority to a public water system that provides water to:
(i)    A municipal corporation, not including those areas annexed after January 1, 2000; or
(ii)    A priority funding area established on or before January 1, 2000, under § 5–7B–02(6) of the State Finance and Procurement Article.
(2)    The Department may adopt regulations to implement this subsection.
(c)    This subtitle is in addition to and not in substitution for any existing laws of the State.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 5 - Appropriation or Use of Waters, Reservoirs, and Dams › Section 5-504 - Permit to Construct or Change Conduits, Pipes, or Other Devices Pertaining to Potomac River

A person shall obtain a permit from the Department to construct, reconstruct, change, or make an addition to any conduit, pipeline, wire cable, trestle, or other device, structure, or apparatus in, under, through, or over the bed or waters of the Potomac River. The permit is obtained upon written application to the Department. Obtaining, using, and holding this permit is subject severally to the provisions concerning permits found elsewhere in this subtitle.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 5 - Appropriation or Use of Waters, Reservoirs, and Dams › Section 5-505 - Material to Accompany Applications for Permits

Each application for a permit required by this subtitle shall be accompanied by maps, drawings, and specifications of proposed use or waterway obstruction, changes, additions, or repairs proposed to be made, and other data and information the Department requires.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 5 - Appropriation or Use of Waters, Reservoirs, and Dams › Section 5-507 - Grant or Denial of Permits; Conditions of Permits

(a)    Before acting on any permit application, the Department shall weigh all respective public advantages and disadvantages and make all appropriate investigations. If the Department believes from the evidence before the Department and based upon State water resources policy declared in this subtitle that the applicant’s plans provide greatest feasible utilization of the waters of the State, adequately preserve public safety, and promote the general public welfare, the Department shall grant the permit to appropriate or use the waters, construct, reconstruct, or repair the proposed reservoir, dam, or waterway obstruction, or accomplish any combination of these objectives. If the Department believes from the evidence before the Department that the proposed appropriation or use of State waters or proposed construction is inadequate, wasteful, dangerous, impracticable or detrimental to the best public interest, the Department may reject the application or suggest modifications to the proposed plans to protect the public welfare and safety.
(b)    (1)    In granting any permit to appropriate or use water or construct any reservoir, dam or waterway obstruction, the Department may include any condition, term, or reservation concerning the character, amount, means, and manner of the appropriation or use or method of construction necessary to preserve proper control in the State and insure the safety and welfare of the people of the State. The Department may determine and specify what provisions to make, if any, in each permit granted to construct a dam or other waterwork for passage of fish.
(2)    Any measuring and reporting of water use required of a permittee by the Department shall be effective and reasonable under the circumstances.
(3)    Any regulations concerning measuring and reporting of agricultural water use or determination of aquifer or stream flow characteristics prior to issuance of a water appropriation permit for an agricultural water use shall be adopted by the Department with the advice and consent of the Secretary of Agriculture.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 5 - Appropriation or Use of Waters, Reservoirs, and Dams › Section 5-508 - Compliance With Permits and Related Regulations; Restrictions to Bind Owner's Successors; Recording of Restrictions

(a)    Appropriation or use of any waters of the State, construction or beginning construction, making or beginning any change, addition, reconstruction, or repair of any reservoir, dam or waterway obstruction, only shall be in conformity with any term, condition, regulation, or restriction of the Department’s permit or with any regulation the Department prescribes concerning any construction, change, addition, or repair.
(b)    (1)    Any term, condition, regulation, or restriction imposed on an appropriation or use of waters of the State or on a reservoir, dam, waterway obstruction, or change in the course, current, or cross section of any stream, through a permit issued pursuant to this subtitle, shall be binding on the owner of the permitted land or facility at the time the permit is issued and on any heirs, successors, or assigns of the owner’s interest in the land or facility.
(2)    As a condition of permit issuance or renewal under this subtitle to construct, reconstruct, change, add to, or repair any dam or reservoir, the Department shall require the owner of the permitted land or facility to record, in accordance with §§ 3-102 and 3-103 of the Real Property Article, a memorandum prepared by the Department of the terms, conditions, regulations, or restrictions applicable to that land or facility. The recording shall be at the expense of the landowner.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 5 - Appropriation or Use of Waters, Reservoirs, and Dams › Section 5-510 - Permit Time Limits to Begin and Complete Work

(a)    Except for permits issued for the appropriation or use of water for agricultural purposes, the Department shall prescribe a time limit not exceeding 2 years from the grant of a permit, during which construction, reconstruction, or repair shall begin or appropriation or use of water shall be completed.
(b)    The Department shall prescribe a time limit, not more than 5 years from the grant of any permit, during which construction, reconstruction, or repair of reservoirs, dams, or waterway obstruction shall be completed.
(c)    The Department may extend a permit-time limit for good cause shown.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 5 - Appropriation or Use of Waters, Reservoirs, and Dams › Section 5-511 - Periodic Review of Appropriation and Use of Water; Correction of Permits

The Department shall review triennially every appropriation and use of water for which a required permit is granted, to ascertain if the appropriation and use of water is being made according to quantity limitations and other conditions established by permit. Unless a permit is for the periodic appropriation or use of water for agricultural purposes, the Department shall correct a permit where the total quantity of water permitted to be appropriated and used is not used or needed.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 5 - Appropriation or Use of Waters, Reservoirs, and Dams › Section 5-512 - Application and Construction of Subtitle

(a)    The provisions of this subtitle do not amend or repeal:
(1)    Any law relating to the Public Service Commission or to water and water structures; or
(2)    Any act or parts of acts consistent with the provisions of this subtitle.
(b)    The provisions of this subtitle do not impair any riparian or other vested right, nor amend, repeal, limit, impair, or alter any right, power, or privilege granted by the General Assembly to the Mayor and City Council of Baltimore to appropriate or use any river, stream, or water in the State to augment and improve the municipal water supply of Baltimore City.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 5 - Appropriation or Use of Waters, Reservoirs, and Dams › Section 5-513 - Enforcement of Subtitle by Injunction

On application of the Department, verified by oath or affirmation, the circuit court for any county, sitting in equity, may enforce by injunction, compliance with, or restraint from violating or attempting to violate any provisions of this subtitle or any Department order, notice, or regulation made under this subtitle.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 5 - Appropriation or Use of Waters, Reservoirs, and Dams › Section 5-514 - Penalty for Violation of Subtitle

(a)    (1)    In addition to being subject to an injunctive action under this subtitle, a person who violates any provision of this subtitle relating to water appropriation and use or any rule, regulation, order, or permit adopted or issued under any such provision is liable for a civil penalty not exceeding $5,000 per violation to be collected in a civil action brought by the Department.
(2)    Each day a violation occurs or continues is a separate violation under this subsection.
(3)    (i)    Before bringing a civil action against a local government under this subsection, the Department shall meet and consult with the local government to seek an alternative resolution to the contested issue.
(ii)    Prior consultation by the Department with the local government shall constitute compliance with this subsection.
(b)    A person who violates a provision of this subtitle or a regulation adopted under this subtitle is subject to the penalties provided in § 9–343 of this article.
(c)    All funds collected by the Department under this section, including any civil penalty or any fine imposed by a court under the provisions of this section, shall be paid into the Maryland Clean Water Fund.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 5 - Appropriation or Use of Waters, Reservoirs, and Dams › Section 5-515 - Order or Notice on Receipt of Complaint

(a)    After or concurrently with the service of a complaint under this subtitle relating to water appropriation and use, the Department may:
(1)    Issue an order that requires the person to whom the order is directed to take corrective action within a time set in the order;
(2)    Send a written notice that requires the person to whom the notice is directed to file a written report about the alleged violation; or
(3)    Send a written notice that requires the person to whom the notice is directed:
(i)    To appear at a hearing before the Department at a time and place the Department sets to answer the charges in the complaint; or
(ii)    To file a written report and also to appear at a hearing before the Department at a time and place the Department sets to answer the charges in the complaint.
(b)    Any order issued under this section is effective immediately, according to its terms, when it is served.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 5 - Appropriation or Use of Waters, Reservoirs, and Dams › Section 5-516 - Notice and Hearing

(a)    The Department shall give notice and hold any hearing related to orders imposed under the water appropriation and use provisions of this subtitle in accordance with the Administrative Procedure Act.
(b)    (1)    Within 10 days after being served with an order under § 5–515(a)(1) of this subtitle, the person served may request in writing a hearing before the Department.
(2)    (i)    Subject to subparagraph (ii) of this paragraph, if a request for a hearing on an order is made under this subsection, the Department shall:
1.    Hold the hearing promptly after receiving the request; and
2.    Render a decision promptly after the hearing.
(ii)    If a request for a hearing on an order is made under this subsection and the Department alleges in the order that there is an imminent threat or danger to the public health or safety or to the environment, the Department shall:
1.    Hold the hearing within 10 days after receiving the request; and
2.    Render a decision within 10 days after the hearing.
(c)    Within 10 days after being served with a notice under § 5–515(a)(2) of this subtitle, the person served may request in writing a hearing before the Department.
(d)    The Department may make a verbatim record of the proceedings of any hearing held under this subtitle.
(e)    (1)    In connection with any hearing under this subtitle, the Department may:
(i)    Subpoena any person or evidence; and
(ii)    Order a witness to give evidence.
(2)    A subpoenaed witness shall receive the same fees and mileage reimbursement as if the hearing were part of a civil action.
(3)    If a person fails to comply with a subpoena or order issued under this subsection, on petition of the Department, a circuit court, by order, may:
(i)    Compel obedience to the Department’s order or subpoena; or
(ii)    Compel testimony or the production of evidence.
(4)    The court may punish as contempt any failure to obey its order issued under this section.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 5B - Maryland Water Conservation › Section 5-5B-01 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Expanded water appropriation permit” means a revised permit granting a significant increase in the withdrawal of water authorized under the existing water appropriation permit.
(c)    “Public water system” has the meaning stated in § 9–401 of this article and is a water system located in the State.
(d)    “Water conservation” means the use of practices, techniques, and technologies that:
(1)    Reduce the consumption, loss, or waste of water;
(2)    Improve efficiency in the use of water; or
(3)    Make more efficient use of water treatment infrastructure.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 5B - Maryland Water Conservation › Section 5-5B-02 - Application of Subtitle

This subtitle applies to public water systems serving at least 10,000 individuals that:
(1)    Apply for a new or expanded water appropriation permit; or
(2)    Apply for State financial assistance including the Maryland Water Quality Revolving Loan Fund as provided in § 9-1605 of this article and any other State funding source.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 5B - Maryland Water Conservation › Section 5-5B-03 - Policy of State

It is the policy of the State of Maryland to:
(1)    Encourage investment in cost-effective measures that improve the efficiency with which water is used, treated, stored, and transmitted in the State;
(2)    Reduce costs associated with treating, storing, and transmitting water; and
(3)    Protect the State’s natural resources, including the fish and wildlife of the Potomac River, the Chesapeake Bay, and all other waters and waterways of the State.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 5B - Maryland Water Conservation › Section 5-5B-04 - Statement of Best Management Practices

(a)    When applying for a new or expanded water appropriation permit or State financial assistance, public water systems shall include a description of best management practices currently in use, or to be implemented, for improving water conservation and the efficiency with which water is used, treated, stored, and transmitted. The application shall also include a schedule for the implementation of best management practices.
(b)    Best management practices may include the following:
(1)    Practices designed to measure the amount of water conveyed through the system’s infrastructure to water users, such as universal metering;
(2)    Audits of large-volume users;
(3)    Reuse and recycling of water for nonpotable, nonresidential applications;
(4)    Management of system pressure to reduce usage;
(5)    Retrofit programs;
(6)    Efficiency in landscape design and irrigation techniques;
(7)    Wastewater reclamation and recycling programs;
(8)    Fixture replacement programs;
(9)    Water and wastewater pricing structures that encourage improved efficiency;
(10)    Rebates and other financial incentives;
(11)    An education program for users designed to promote increased efficiency and conservation; and
(12)    Promotion or adoption of local water-use ordinances that encourage water conservation.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 5B - Maryland Water Conservation › Section 5-5B-05 - Requests for Expanded Water Appropriation Permits

(a)    In reviewing requests for new or expanded water appropriation permits by public water systems, as defined by this subtitle, the Department shall consider existing local initiatives and voluntary efforts and best management practices set forth for implementation within a permit application.
(b)    In reviewing and prioritizing requests by public water systems, as defined by this subtitle, for State financial assistance through the Maryland Water Quality Revolving Loan Fund under § 9-1605 of this article and other State funding sources, the Department shall consider local initiatives and voluntary efforts, and the best management practices set forth for implementation within a financial assistance application.
(c)    On or before October 1, 2003, the Department shall issue guidelines to public water systems on best management practices for improving water conservation and efficiency in water use, treatment, storage, and transmission, including:
(1)    Costs and cost-savings associated with implementing examples of specific best management practices;
(2)    Water conservation associated with implementing specific best management practices; and
(3)    Priority eligibility for funding through State financial resources for drinking water and wastewater treatment improvements including the Maryland Water Quality Revolving Loan Fund under § 9-1605 of this article and other State or federal financial assistance when best management practices are implemented.
(d)    The Department may adopt regulations to establish the minimum increase in the amount of water to be withdrawn under an expanded water appropriation permit that requires compliance with this subtitle.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 6 - Maryland Geothermal Resources Act › Section 5-601 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Construction” means any clearing, grading, excavation, building, or the commencement of any of these activities.
(c)    “Department” means the Department of the Environment.
(d)    “Exploratory activities” means any activity involving the drilling of test wells for geothermal resources.
(e)    (1)    “Geothermal resources” means the natural heat of the earth higher than 120 degrees Fahrenheit or 49 degrees centigrade, or the energy, in whatever form, below the surface of the earth present in, resulting from, or created by, or which may be extracted from, this natural heat, the natural or artificial medium containing that heat, and all minerals in solution or other products obtained from naturally heated fluids, brines, associated gases, and steam, in whatever form, found below the surface of the earth.
(2)    “Geothermal resources” do not include oil, hydrocarbon gas, and other hydrocarbon substances.
(f)    “Person” includes corporations, companies, associations, firms, partnerships, joint stock companies, individuals, and government agencies.
(g)    “Well” means any excavation or other alteration of the earth’s surface or crust by means of which geothermal resources may be obtained.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 6 - Maryland Geothermal Resources Act › Section 5-602 - Legislative Findings and Intent

(a)    Geothermal resources are a natural resource in the State which possess great potential value for the State and the nation as a whole.
(b)    In exploring and developing geothermal resources, maximum possible consideration shall be afforded to:
(1)    Avoiding waste and unreasonable use of natural resources;
(2)    Protecting the environment; and
(3)    Optimizing the productive use of the resource.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 6 - Maryland Geothermal Resources Act › Section 5-603 - Powers and Duties of Department

(a)    The Department shall be responsible for the management and regulation of the geothermal resources in the State.
(b)    The Department may contract for research and scientific investigation in order to determine the potential of the geothermal resources in the State.
(c)    The Department may conduct and participate in development projects designed to demonstrate the feasibility of utilizing the State’s geothermal resources.
(d)    The Department may use any funds made available for the purpose of exploring, analyzing, developing, and using geothermal resources.
(e)    The Department may establish reasonable fees to cover the cost of processing permit applications.
(f)    The Department shall adopt regulations necessary to assure safe and efficient undertaking of any operation to bore, core, dig, or construct a well. These regulations may allow for reinjection if there is adequate determination that the reinjection would maintain the integrity of the supply.
(g)    The Department may adopt regulations necessary to implement this subtitle.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 6 - Maryland Geothermal Resources Act › Section 5-604 - Exploratory Permits

(a)    Every person is required to obtain a permit from the Department before conducting any geothermal resource exploratory activities. The applicant for this permit must have the legal right to use the surface. The permit is obtained upon written application to the Department.
(b)    The application shall state the intended location of exploration, give assurance of the applicant’s right to use the surface for exploration, provide an exploratory work program, and provide any information requested by the Department.
(c)    The Department may approve an application if the Department determines that:
(1)    The applicant is qualified to conduct exploratory work;
(2)    The applicant will comply with all applicable laws; and
(3)    The applicant’s work program provides adequate protection for the natural resources of the State.
(d)    The permit required by this section shall be in lieu of any permit required by Subtitle 5 of this title or Title 9, Subtitle 13 of this article.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 6 - Maryland Geothermal Resources Act › Section 5-605 - Permit to Appropriate or Use Geothermal Resources

(a)    A person shall obtain a permit from the Department to appropriate or use or to construct any well, plant, building, or structure which may appropriate or use geothermal resources of the State. The permit is obtained upon written application to the Department. The applicant for the permit must have the legal right to use the surface and give assurance of this right.
(b)    The application shall be accompanied by the following information and any other information as required by the Department:
(1)    A project description specifying:
(i)    What is planned to be constructed, its purpose, use, location, estimated cost, and size; and
(ii)    The methods of construction, construction schedule, and operation procedure;
(2)    A list of licenses, permits, or other approvals required by any government unit;
(3)    Detailed information as to the need for the use and facts concerning alternate site locations as may be requested by the Department; and
(4)    Information providing proof of the discovery of a geothermal resource and an evaluation of the resource.
(c)    After public notice and opportunity for public hearing, the Department may issue a permit for the appropriation or use of geothermal resources if the Department finds that the applicant has demonstrated that the use:
(1)    Conforms with and meets all applicable air, water, and noise laws of the State;
(2)    Conforms with all applicable State and local plans;
(3)    Would have no material adverse effect upon the natural environment of the area, its scenic or natural beauty, rare or irreplaceable resources, or unique historic site;
(4)    Would not be so located, constructed, or operated as to have a material adverse effect upon the public health, safety, or welfare;
(5)    Would not be a potential or immediate undue burden on the water supply of the site or region; and
(6)    Would not cause an unreasonable rate of resource exhaustion.
(d)    The permit required by this section shall be in lieu of any permit required by Subtitle 5 of this title or Title 9, Subtitle 13 of this article.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 6 - Maryland Geothermal Resources Act › Section 5-606 - Bonds

After receiving notification from the Department that an application for an exploratory or appropriation permit has been approved, but prior to commencing any construction, the applicant shall file a bond with the Department. The amount of the bond shall be determined by the Department. The bond shall be conditioned that the applicant will faithfully perform every requirement of this subtitle and regulations issued pursuant to this subtitle. The bond shall be executed by the applicant and a corporate surety licensed to do business in the State. The provisions of this section do not apply to the State, political subdivisions, or municipalities.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 6 - Maryland Geothermal Resources Act › Section 5-607 - Judicial Review of Action on Application

A request for judicial review of the Secretary’s action on any application shall be made within 30 days after the decision has been rendered. Proceedings shall be filed in the circuit court having jurisdiction in which the facility or any part of the facility is to be situated.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 6 - Maryland Geothermal Resources Act › Section 5-608 - Violations

(a)    Any person who violates any provision of this subtitle may be enjoined by a court of competent jurisdiction upon application of the Department acting through the Attorney General.
(b)    Any person who violates any provision of this subtitle or any permit or order issued under this subtitle is liable to a penalty not exceeding $10,000, as well as being subject to being enjoined as provided in subsection (a) of this section. The monetary penalty provided may be recovered in a civil action by the Department through the Attorney General.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 6 - Maryland Geothermal Resources Act › Section 5-609 - Construction of Subtitle

(a)    This subtitle shall be liberally construed to effectuate its intents and purposes.
(b)    This subtitle may not be construed to be in derogation of any powers or State laws, but shall be regarded as supplemental and in addition to powers conferred by other laws.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 7 - Flood Control and Water Supply Powers and Functions › Section 5-701 - Responsibilities of Department Generally as to Flood Control

(a)    The Department is responsible for developing and carrying out a long range program for controlling flood waters in the State. In addition, the Department shall cooperate with the federal and local governments to control State flood waters and serve in a liaison capacity to these governments in any flood control matter.
(b)    The Department shall provide technical assistance to local governments and other State units to interpret flood information and draft local land use and other regulations pertaining to areas subject to flooding. It shall review plans for local public works and exercise regulatory control over them in or on waters of the State as provided in Subtitle 5 of this title. The Department shall administer financial assistance for flood control as funds for this purpose are made available.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 7 - Flood Control and Water Supply Powers and Functions › Section 5-702 - Department to Estimate Water-Storage Needs in Federally Constructed Reservoirs; Contracts for Repayment of Water-Supply Costs

(a)    When need arises in the State for water-supply storage or storage for streamflow regulation for quality control, either or both of which can be provided by a federally constructed reservoir, and cost of storage is nonreimbursable when used for streamflow regulation, or is to be repaid by nonfederal interest when used for water supply, the Department, after consulting with concerned units and jurisdictions, shall estimate:
(1)    The amount of water-supply storage required to meet both initial and future needs in the potential service area within the State; and
(2)    The need for and benefits of storage for regulation of streamflow for quality control.
(b)    The Department shall contract with appropriate federal authorities to obtain reimbursement of costs for initial water supply and furnish reasonable assurance that costs allocated to future water supply for use in the State will be repaid. When future water supply is required, the Department shall contract with federal authorities for reimbursement.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 7 - Flood Control and Water Supply Powers and Functions › Section 5-703 - Department Cooperation With Federal, State, and Local Agencies in Water Resources Projects; Financial Assistance to Local Agencies

In carrying out its responsibility for water resources planning, development, and management, the Department shall cooperate with federal, State, and local agencies in any water resources project or program affecting waters of the State. The Department shall administer available financial assistance for these projects or programs. In furtherance of the Department’s responsibility under this section, when local entities agree to pay all other nonfederal costs and operate and maintain structures installed using federal assistance authorized under the Watershed Protection and Flood Prevention Act, the Department shall consider the following:
(1)    A contribution by the State of up to 50% of the nonfederal share of approved projects under PL 566;
(2)    Using funds in programs or projects for flood control, recreation, fish and wildlife, water supply, and flow augmentation; and
(3)    Limiting State participation to land acquisition for dams and impounded areas and construction of dams. Additional land beyond the flood pool level, access roads, and recreational facilities may not be part of the program or project.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 7 - Flood Control and Water Supply Powers and Functions › Section 5-704 - Acquisition of Rights and Interests in Real Estate

When the General Assembly determines that it is necessary to acquire interests or rights in real property for sound and proper land and watershed management or for any other purpose in the public interest, the State may acquire these interests or rights by purchase, gift, grant, or lease of any property interest. To achieve these purposes the Department may receive, expend, and otherwise administer any contribution, donation, or appropriation which is made available by the United States, the State, any political subdivision, or any person.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 8 - Flood Control and Watershed Management › Section 5-801 - Definitions

(a)    In this subtitle the following terms have the meanings indicated.
(b)    “Area of nontidal inundation” means an area within the State which is subject to inundation caused predominately by accumulated surface runoff or excess rainfall runoff, or both.
(c)    “Area of tidal inundation” means an area within the State which is subject to inundation caused predominately by tides or wind-driven waters, or both.
(d)    “Department” means the Department of the Environment.
(e)    “Federal flood insurance program” means the program established by the National Flood Insurance Act of 1968, as amended.
(f)    “Flood hazard area” means an area of tidal or nontidal inundation resulting from a 100-year flood event and established pursuant to the provisions of § 5-803 of this subtitle.
(g)    “100-year flood event” or “100-year flood” means a flood that has a 1% chance of being equalled or exceeded in any given year.
(h)    “Secretary” means the Secretary of the Environment.
(i)    “Subdivision” means:
(1)    Any county, including Baltimore City; and
(2)    Any incorporated municipality which has the authority to adopt and enforce land use and control measures for the areas within its jurisdiction.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 8 - Flood Control and Watershed Management › Section 5-802 - Legislative Finding and Declaration; Policy and Purposes of Subtitle

(a)    The General Assembly finds and declares that:
(1)    Recurrent flooding of a portion of the State’s land resources causes loss of life, damage to property, disruption of commerce and governmental services, and unsanitary conditions, all of which are detrimental to the health, safety, welfare, and property of the occupants of flood hazard areas of the State;
(2)    Considerable public costs are incurred through the emergency preparedness program and by replacing public utilities and other public capital investments destroyed or damaged by floods;
(3)    Flood waters disregard jurisdictional boundaries; and
(4)    The public interest necessitates management of waters and flood hazard areas for the objectives of preventing and alleviating flood threats to life and health, reducing private and public economic losses, and to the extent possible, preserving the biological values associated with these land and water resources.
(b)    The policy and purposes of this subtitle are:
(1)    To assist in the guidance of development to minimize the impacts of flooding;
(2)    To provide State guidelines and technical assistance to local governments in management of flood hazard areas;
(3)    To provide for comprehensive watershed management;
(4)    To facilitate implementation of projects for flood control;
(5)    To encourage and provide for local governmental units to manage flood–prone lands in a comprehensive manner;
(6)    To provide for the biological and environmental quality of the watersheds of the State; and
(7)    To establish a grant program to assist local jurisdictions with:
(i)    Implementation of those capital projects included within the comprehensive flood management plans which are adopted and approved in accordance with this subtitle; and
(ii)    Infrastructure repairs, watershed restoration, and emergency protection work associated with a flood event.