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2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 11A - On-Site Wastewater Services › Part I - Definitions; General Provisions › Section 9-11A-01 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Board” means the State Board of On–Site Wastewater Professionals.
(c)    “License” means any category of professional license issued by the Board to an individual to provide on–site wastewater services in the State.
(d)    (1)    “On–site wastewater services” means any activity associated with the design, installation, operation and maintenance, pumping, repair, or property transfer inspection of an on–site wastewater system.
(2)    “On–site wastewater services” does not include any type of on–site wastewater system inspection other than a property transfer inspection.
(e)    (1)    “On–site wastewater system” means:
(i)    A wastewater system designed to treat and dispose of effluent on:
1.    The same property that produces the wastewater; or
2.    An easement; or
(ii)    A holding tank.
(2)    Except as provided in paragraph (3) of this subsection, “on–site wastewater system” includes a septic or any other on–site sewage disposal system.
(3)    “On–site wastewater system” does not include a wastewater treatment system that:
(i)    Requires a discharge permit from the Department; or
(ii)    Treats 5,000 or more gallons per day.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 11A - On-Site Wastewater Services › Part I - Definitions; General Provisions › Section 9-11A-02 - Application of Subtitle

(a)    This subtitle does not apply to an individual employed by a local, State, or federal agency while performing the duties of that employment.
(b)    Nothing in this subtitle prevents or prohibits a local government from imposing requirements, standards, or fees that are more stringent than the requirements, standards, or fees established in this subtitle.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 11A - On-Site Wastewater Services › Part II - State Board of On-Site Wastewater Professionals › Section 9-11A-05 - State Board of On-Site Wastewater Professionals -- Purpose -- Final Actions by Board

(a)    There is a State Board of On–Site Wastewater Professionals in the Department.
(b)    The purpose of the Board is to regulate individuals who provide on–site wastewater services or engage in the business of providing on–site wastewater services in the State for the purpose of safeguarding the life, health, property, environment, and public welfare of the residents of the State.
(c)    Any final action of the Board is subject to review by the Secretary or the Secretary’s designee.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 11A - On-Site Wastewater Services › Part II - State Board of On-Site Wastewater Professionals › Section 9-11A-07 - Election of Officers

(a)    The members of the Board shall designate a chair, a vice chair, and a secretary.
(b)    The Board shall determine the means of the election of officers.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 11A - On-Site Wastewater Services › Part II - State Board of On-Site Wastewater Professionals › Section 9-11A-08 - Meetings -- Quorum -- Compensation -- Staffing

(a)    A majority of the members then serving on the Board is a quorum.
(b)    The Board shall determine the times and places of its meetings.
(c)    Each member of the Board is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
(d)    The Board may employ a staff in accordance with the State budget.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 11A - On-Site Wastewater Services › Part II - State Board of On-Site Wastewater Professionals › Section 9-11A-09 - Duties of Board

The Board, in consultation with the Department, shall:
(1)    Make recommendations to the Department on the adoption of regulations to carry out the provisions of this subtitle, including:
(i)    Licensing procedures, definitions, qualifications, and continuing education requirements for the following categories:
1.    Designer;
2.    Master installer and journey installer;
3.    Master on–site wastewater property transfer inspector and journey on–site wastewater property transfer inspector;
4.    Master pumper and journey pumper; and
5.    Master operation and maintenance provider and journey operation and maintenance provider;
(ii)    Certification procedures, definitions, qualifications, and continuing education requirements for the following categories:
1.    Designer;
2.    Advanced treatment installer;
3.    Mound installer;
4.    Drip dispersal installer;
5.    Pump dispersal system installer;
6.    Advanced treatment operation and maintenance provider;
7.    Advanced treatment unit pumper;
8.    Advanced treatment property transfer inspector; and
9.    Any other category associated with a specific on–site wastewater treatment technology; and
(iii)    Minimum standards for any processes, procedures, techniques, and materials associated with  on–site wastewater systems;
(2)    Review regulations proposed by the Department to carry out the provisions of this subtitle;
(3)    Establish a code of ethics provided by the Department for:
(i)    Members of the Board; and
(ii)    Individuals licensed and certified by the Board;
(4)    On or before June 1, 2024, make recommendations to the Department for establishing the licensing and certification procedures specified under item (1) of this section;
(5)    Collect and account for the fees provided for under this subtitle; and
(6)    Keep a current record of all individuals and entities licensed under this subtitle.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 11A - On-Site Wastewater Services › Part II - State Board of On-Site Wastewater Professionals › Section 9-11A-10 - Fees for Licenses and Services -- Collected Into Fund

(a)    (1)    The Department, in consultation with the Board, shall set by regulation reasonable fees for the issuance and renewal of licenses and other services that the Board provides.
(2)    The fees shall be set to produce funds to approximate the costs of the Board’s creation, maintenance, reasonable administrative costs, and ongoing activities.
(b)    The Board shall publish a schedule of the fees.
(c)    The Board shall pay all funds collected under this subtitle into the On–Site Wastewater Professionals Fund established under § 9–11A–11 of this subtitle.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 11A - On-Site Wastewater Services › Part II - State Board of On-Site Wastewater Professionals › Section 9-11A-11 - On-Site Wastewater Professionals Fund -- Purpose -- Funding -- Uses -- Funds Supplemental

(a)    In this section, “Fund” means the On–Site Wastewater Professionals Fund.
(b)    There is an On–Site Wastewater Professionals Fund.
(c)    The purpose of the Fund is to provide funding to maintain the Board.
(d)    The Board shall administer the Fund.
(e)    (1)    The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
(2)    The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
(f)    The Fund consists of:
(1)    All fees, penalties, and fines collected under this subtitle;
(2)    Money appropriated in the State budget to the Fund;
(3)    Interest earnings of the Fund;
(4)    Donations to the Fund; and
(5)    Any other money from any other source accepted for the benefit of the Fund.
(g)    The Fund shall be used only to pay for the cost of creating the Board, maintenance of the Board, reasonable administrative costs, and implement the provisions of this subtitle.
(h)    (1)    The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.
(2)    Any interest earnings of the Fund shall be credited to the Fund.
(i)    Expenditures from the Fund may be made only in accordance with the State budget.
(j)    Money expended from the Fund to maintain the Board or implement the provisions of this subtitle is supplemental to and is not intended to take the place of funding that otherwise would be appropriated for the Board.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 11A - On-Site Wastewater Services › Part II - State Board of On-Site Wastewater Professionals › Section 9-11A-12 - Annual Report by Board

On or before December 31 each year, the Board shall prepare and submit an annual report to the Secretary on:
(1)    The status of the On–Site Wastewater Professionals Fund;
(2)    Revenues and expenditures from the On–Site Wastewater Professionals Fund;
(3)    The efficiency of the regulations adopted by the Department to implement the provisions of this subtitle;
(4)    Compliance with the regulations adopted by the Department to implement the provisions of this subtitle; and
(5)    Based on the factors specified in items (1) through (4) of this section, the necessity to review and adjust the fees set by the Department by regulation.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 11A - On-Site Wastewater Services › Part III - Licensing › Section 9-11A-15 - License Requirement for Providing On-Site Wastewater Services -- Qualifications -- Application -- Terms of License

(a)    (1)    Except as provided in paragraph (2) of this subsection, an individual shall be licensed by the Board in accordance with this subtitle before the individual may provide on–site wastewater services in the State.
(2)    (i)    An individual who provides on–site wastewater services in the State may continue to provide on–site wastewater services until the licensing requirements are established by the Department by regulation if the individual:
1.    Complies with all applicable State and local laws and regulations;
2.    On or before December 31, 2022, pays to the Department a fee of $150; and
3.    Every 2 years thereafter until the Department sets fees in accordance with § 9–11A–10 of this subtitle, pays to the Department a renewal fee of $150.
(ii)    All fees collected by the Department under this paragraph shall be used by the Department to:
1.    Pay for the creation of the Board;
2.    Cover reasonable administrative costs; and
3.    Implement the provisions of this subtitle.
(b)    To qualify for a license, an applicant shall meet the requirements established by the Department by regulation.
(c)    To apply for a license, an applicant shall:
(1)    Submit to the Board an application on the form that the Board provides; and
(2)    Pay to the Board the required application fee set by the Department by regulation.
(d)    A license issued by the Board in accordance with this subtitle is valid for 2 years.
(e)    In accordance with the requirements established by the Department by regulation, the Board may issue a certification to an individual to perform specific tasks associated with on–site wastewater services if the individual:
(1)    Is licensed by the Board; or
(2)    Holds a professional license that is approved by the Board.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 11A - On-Site Wastewater Services › Part III - Licensing › Section 9-11A-16 - Denial, Reprimand, Suspension or Revocation of Licenses

Subject to the hearing requirements in § 9–11A–17 of this subtitle, the Board may deny a license to any applicant, reprimand any licensee, or suspend or revoke a license if the applicant or licensee:
(1)    Violates any provision of this subtitle or any regulation adopted under this subtitle;
(2)    Fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another;
(3)    Fraudulently or deceptively uses a license; or
(4)    Is found guilty of gross negligence, incompetence, or misconduct while providing on–site wastewater services.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 11A - On-Site Wastewater Services › Part III - Licensing › Section 9-11A-17 - Hearing Before Board -- Oath by Board -- Appeal of Board Decision

(a)    Except as otherwise provided in Title 10, Subtitle 2 of the State Government Article, before the Board takes any final action under § 9–11A–16 of this subtitle it shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board.
(b)    The Board shall give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.
(c)    The Board may administer oaths in connection with any proceeding under this section.
(d)    If, after due notice, the applicant or licensee against whom the action is contemplated fails or refuses to appear, the Board may hear and determine the matter.
(e)    Any person aggrieved by a final decision of the Board in a contested case, as defined in § 10–202 of the State Government Article, may take an appeal as allowed in §§ 10–222 and 10–223 of the State Government Article.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 11A - On-Site Wastewater Services › Part IV - Prohibited Acts; Penalties › Section 9-11A-20 - License Required of Service Provider -- Restrictions on Handling License

(a)    Except as provided in § 9–11A–15(a) of this subtitle, an individual may not provide, attempt to provide, or offer to provide on–site wastewater services unless the individual is licensed by the Board.
(b)    A license may not be borrowed, rented, or transferred to another individual.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 11A - On-Site Wastewater Services › Part IV - Prohibited Acts; Penalties › Section 9-11A-21 - Violations as Misdemeanor -- Separate Offenses

(a)    A person who violates any provision of this subtitle or of any regulation adopted under this subtitle is guilty of a misdemeanor and on conviction is subject:
(1)    To a fine not exceeding $500 or imprisonment not exceeding 3 months, or both; or
(2)    To a fine not exceeding $1,000 or imprisonment not exceeding 1 year, or both, for any subsequent violation of this title that occurs within 2 years of an earlier violation of this title.
(b)    Each day that a person provides on–site wastewater services without a license constitutes a separate offense.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 11A - On-Site Wastewater Services › Part IV - Prohibited Acts; Penalties › Section 9-11A-22 - Civil Penalties -- Amount -- Failure to Pay -- Deposit of Funds Collected

(a)    Instead of or in addition to any other penalties under this title, the Board may impose a civil penalty on a person who violates § 9–11A–20 of this subtitle in an amount not exceeding $1,000 per day for all violations cited on a single day.
(b)    In setting the amount of the civil penalty, the Board shall consider:
(1)    The seriousness of the violation;
(2)    The harm caused by the violation;
(3)    The good faith of the violator;
(4)    History of previous violations by the violator; and
(5)    Other relevant factors.
(c)    If a violator fails to pay a civil penalty within 30 days of its imposition by the Board, the matters shall be forwarded to the Central Collection Unit in the Department of Budget and Management for the collection of the civil penalty.
(d)    The Board shall pay any penalty collected under this section into the On–Site Wastewater Professionals Fund established under § 9–11A–11 of this subtitle.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 11A - On-Site Wastewater Services › Part IV - Prohibited Acts; Penalties › Section 9-11A-23 - Administrative Penalties -- Amount -- Failure to Pay -- Deposit of Funds Collected

(a)    Instead of or in addition to any other penalties authorized under this title, the Board may impose an administrative penalty on a person who violates this subtitle in an amount not exceeding $1,000 per day for all violations cited on a single day.
(b)    In setting the amount of the administrative penalty, the Board shall consider:
(1)    The seriousness of the violation;
(2)    The harm caused by the violation;
(3)    The good faith of the violator;
(4)    Any history of previous violations by the violator; and
(5)    Any other relevant factors.
(c)    If a violator fails to pay an administrative penalty within 90 days after the imposition of the administrative penalty by the Board, the matter shall be forwarded to the Central Collection Unit in the Department of Budget and Management for the collection of the administrative penalty.
(d)    Any penalties collected under this section shall be paid into the On–Site Wastewater Professionals Fund established under § 9–11A–11 of this subtitle.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 13 - Well Drilling › Section 9-1301 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Abandon” means to discontinue the use of a well permanently.
(c)    “Board” means the State Board of Well Drillers.
(d)    “Owner” means a person who has the right to drill into, produce, and appropriate the production of water, for the owner, for another person, or for both of them.
(e)    “Underground water” means a supply of water that may be developed by any type of well or spring from beneath the surface of the ground whether the water flows from the well or spring by natural force or is withdrawn by pumping, other mechanical device, or artificial process.
(f)    “Well” means a hole made in the ground:
(1)    To explore for groundwater;
(2)    To obtain or monitor groundwater;
(3)    To inject water into any underground formation from which groundwater may be produced; or
(4)    To transfer heat to or from the ground or groundwater, if the hole:
(i)    Extends more than 20 feet below the surface of the ground; and
(ii)    Is not a well for obtaining geothermal resources under § 5-601 of this article.
(g)    “Well driller” means a person who is in charge of:
(1)    Making, altering, repairing, or sealing a well; or
(2)    Installing, altering, repairing, or disconnecting well system equipment.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 13 - Well Drilling › Section 9-1302 - When Well Considered Abandoned

A well is considered to be abandoned if:
(1)    It is in such a state of disrepair that its continued use for the purpose of obtaining ground water is impracticable; or
(2)    It has been disconnected permanently from any water supply system or irrigation system.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 13 - Well Drilling › Section 9-1305 - Rules and Regulations -- Construction of Wells

(a)    The Department shall adopt rules and regulations for the construction of wells.
(b)    The rules and regulations may recognize a variation:
(1)    In the primary use or construction of wells; and
(2)    Of the materials penetrated in different localities.
(c)    Before the Department adopts any rule or regulation that relates to the construction of wells, the Department shall submit the proposed rule or regulation to the Board for comment.
(d)    Notwithstanding any provisions to the contrary, a county board of health, delegated by the Department of the Environment to implement a well inspection program, may collect a fee for the issuance of well permits required under § 9-1306 of this subtitle. However, a county health department may not collect a fee for test or irrigation wells.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 13 - Well Drilling › Section 9-1305.1 - Rules and Regulations -- Testing Wells

(a)    The Department shall adopt regulations to require that whenever the Department tests water from a well used for domestic purposes the following information shall be given to a person who requests the test and to any other person for whose benefit the test is requested:
(1)    A certificate of potability;
(2)    The complete results of the test, whether the test requested is bacteriological or chemical in nature; and
(3)    The name, address, and telephone number of the appropriate agency of local government that the person may contact for an explanation of the test results.
(b)    The regulations shall apply to any person or unit of State or local government that tests the water from a well.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 13 - Well Drilling › Section 9-1306 - Permit Required; Temporary Dewatering Devices

(a)    Except as indicated in subsection (b) of this section, a person may not drill a well in this State unless the Department issues a permit to drill the well.
(b)    A person who has not been issued a permit by the Department may, after having notified the county board of health and a municipality if the temporary dewatering device will be located inside the municipality’s corporate boundary line or if the temporary dewatering device will be located 1 mile or less outside the municipality’s corporate boundary line, install a temporary dewatering device to facilitate the installation of underground utilities if the device:
(1)    Is installed 30 feet or less below the ground surface;
(2)    Is not located in any trench used for the installation of underground utilities;
(3)    Contains no mechanical pumping equipment below the surface; and
(4)    Is removed no more than 30 days after installation.
(c)    A person installing a temporary dewatering device under subsection (b) of this section shall restore the subsurface conditions of the installation area as nearly as possible to the conditions that existed before the installation.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 13 - Well Drilling › Section 9-1307 - Applications for and Conditions on Permits; Fees; Term

(a)    In applying for a permit to drill a well, the well driller shall:
(1)    Give the Department any information the Department requires; and
(2)    Notify a municipality if the well will be drilled inside the municipality’s corporate boundary line or if the well will be drilled 1 mile or less outside the municipality’s corporate boundary line.
(b)    As a condition to issuing a permit to drill a well, the Department may require that samples of the materials encountered in drilling the well be preserved and submitted to the Department.
(c)    (1)    (i)    A county board of health may establish a permit fee to defray county expenses in inspecting wells, collecting water samples, and issuing certificates of potability.
(ii)    For an interim certificate of potability, a county board of health shall accept initial test results prepared by a private State certified laboratory.
(2)    (i)    The fee may be charged before a permit required under § 9–1306 of this subtitle is issued.
(ii)    Except as provided in subparagraph (iii) of this paragraph, the fee may not exceed $160 per well or $160 per cluster of wells to be used exclusively to transfer heat to or from the ground or groundwater.
(iii)    In Anne Arundel County only:
1.    Subject to item 2 of this subparagraph, the fee charged shall be set so as to produce funds to reflect the actual cost of inspecting wells, collecting water samples, and issuing certificates of potability by the Anne Arundel County Board of Health; and
2.    For a well drilled to replace an existing well the fee charged shall be no more than 50% of the fee as calculated under item 1 of this subparagraph.
(3)    A permit shall be issued within a reasonable period of time after receipt of the application and shall be valid for a period of 12 months from the date of issuance by the approved delegated permitting authority.
(d)    A county board of health may waive a fee for a well that is drilled to replace a well not in conformity with the regulations adopted under § 9–1305 of this subtitle.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 13 - Well Drilling › Section 9-1308 - Report on Completion of Drilling

On completion of the drilling of any well, the well driller shall file a final report with the Department. The report shall include:
(1)    The log of each well;
(2)    The size and depth of each well;
(3)    The diameters and lengths of casing and screen installed;
(4)    The static and pumping levels;
(5)    The yield of each well; and
(6)    Any other information relating to the construction or operation of the well that the Department requires.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 13 - Well Drilling › Section 9-1309 - Maintenance and Abandonment of Wells

(a)    The owner of any well shall maintain it in accordance with the rules and regulations of the Department.
(b)    On abandoning any existing well or test hole, the well owner shall:
(1)    Notify the Department; and
(2)    Effectively seal and fill the well or test hole in accordance with the rules and regulations of the Department.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 13 - Well Drilling › Section 9-1311 - Penalties

(a)    A person who violates any provision of this subtitle or of any rule or regulation adopted under this subtitle is guilty of a misdemeanor and on conviction is subject to:
(1)    For a first offense, a fine not exceeding $500 or imprisonment not exceeding 3 months or both; or
(2)    For a subsequent offense, a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both.
(b)    The Department may bring an action for an injunction against any person who violates any provision of this subtitle or any rule, regulation, or permit adopted or issued under this subtitle. In any action for an injunction under this subsection, any finding of the Department after a hearing is prima facie evidence of each fact the Department determines.
(c)    A person is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10,000 or imprisonment not exceeding 6 months or both if the person:
(1)    Knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this subtitle or any rule, regulation, or permit adopted or issued under this subtitle; or
(2)    Falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this subtitle or any rule, regulation, or permit adopted or issued under this subtitle.
(d)    The Attorney General shall take charge of, prosecute, and defend on behalf of this State every case arising under the provisions of this subtitle, including the recovery of penalties.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 14 - Innovative and Alternative Septic System Grant Program › Section 9-1401 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    (1)    “Innovative and alternative septic system” means any new, experimental, or nonconventional technology that is added to or used in place of a conventional septic or other on-site sewerage system.
(2)    “Innovative and alternative septic system” includes but is not limited to:
(i)    A sand mound septic system;
(ii)    A septic tank-sewerage evapotranspiration system that is powered by solar energy;
(iii)    A septic tank-filter cloth trench system; and
(iv)    Any other innovative on-site sewerage disposal technology that is developed in the future.
(c)    “Program” means the Innovative and Alternative Septic System Grant Program.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 14 - Innovative and Alternative Septic System Grant Program › Section 9-1403 - Grant Program -- Purpose

(a)    The purpose of the Program is to make State grants to political subdivisions of this State who, in turn, will make grants to owners of improved properties with failed systems and owners of previously recorded land that has failed a soil percolation test to install and experiment with innovative and alternative septic systems on the land in order to develop additional types of on-site systems that can be utilized.
(b)    The Office of Environmental Programs in the Department shall manage and supervise the Program.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 14 - Innovative and Alternative Septic System Grant Program › Section 9-1404 - Grants to Political Subdivisions and Eligible Individuals

(a)    The Department may make grants to political subdivisions of this State under the Program from funds provided in the State budget.
(b)    Each political subdivision of this State shall make grants from the money received from the Department to eligible persons who apply under this subtitle.
(c)    The State grants awarded by each political subdivision may not exceed 87.5 percent of the anticipated cost of the innovative and alternative septic system, except that grants for systems allowing the development of unimproved properties may not exceed 50 percent.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 14 - Innovative and Alternative Septic System Grant Program › Section 9-1405 - Rules and Regulations

(a)    The Secretary:
(1)    Shall adopt rules and regulations to carry out the provisions of this experimental Program under this subtitle;
(2)    Shall request demographic, land use, fiscal impact, or other pertinent information from the Department of Planning or any community planning agency; and
(3)    Shall prepare and submit a report to the Governor that describes the activities of the Program and makes recommendations to improve the Program.
(b)    The political subdivisions of this State shall administer the Program according to the rules and regulations adopted by the Department.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 14 - Innovative and Alternative Septic System Grant Program › Section 9-1406 - Eligibility for State Funds

(a)    To be eligible for State funds from a political subdivision under the Program, an applicant shall:
(1)    Own property in this State that:
(i)    Has an existing failed septic system; or
(ii)    Is unimproved, was platted before 1972, and has failed percolation testing requirements;
(2)    Have made a good faith effort to obtain approval of or to utilize a conventional septic system;
(3)    Agree to conditions of experiment as outlined by the Office of Environmental Programs; and
(4)    Only apply for 1 grant to serve 1 home site to upgrade an existing system or to improve 1 unimproved site with a new home and innovative and alternative septic system.
(b)    This section does not apply to the development of an unimproved parcel of land that is proposed to be subdivided into building lots.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 14A - Waterless Toilets › Section 9-14A-01 - Department Actions Based Upon Statement in Land Use Covenant or Deed; Regulations

(a)    If the statement  ”all toilets on this property are required to be waterless toilets approved by the Maryland Department of the Environment” is recorded in the land use covenant or deed for a parcel of property, the Department may:
(1)    Authorize reductions in initial disposal system size;
(2)    Establish the amount of the reductions on a case by case basis; and
(3)    Prohibit the installation or use of conventional plumbing fixtures where a reduction has been authorized under paragraphs (1) and (2) of this subsection.
(b)    The Department may adopt regulations to implement the provisions of this section.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 15 - Cleaning Agents › Section 9-1501 - "Cleaning Agent" Defined

In this subtitle, “cleaning agent” means a laundry detergent, dishwashing compound, household cleaner, metal cleaner, degreasing compound, commercial cleaner, industrial cleaner, phosphate compound, or other substance that is intended to be used for cleaning purposes.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 15 - Cleaning Agents › Section 9-1502 - Applicability of Subtitle

This subtitle does not apply to a cleaning agent that is:
(1)    A detergent used in dairy, beverage, or food processing cleaning equipment;
(2)    A phosphoric acid product, including a sanitizer, brightener, acid cleaner, or metal conditioner;
(3)    A detergent used in hospitals, veterinary hospitals or clinics, or health care facilities or in agricultural production;
(4)    A detergent used by industry for metal cleaning or conditioning;
(5)    Manufactured, stored, or distributed for use or sale outside of the State;
(6)    Used in any laboratory, including a biological laboratory, research facility, chemical laboratory, and engineering laboratory; or
(7)    Used in a commercial laundry that provides laundry services for a hospital, health care facility, or veterinary hospital.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 15 - Cleaning Agents › Section 9-1503 - Limitation on Amount of Phosphorus in Cleaning Agents

(a)    Except as provided in subsection (b) of this section, a person may not use, sell, manufacture, or distribute for use or sale within the State any cleaning agent that contains more than 0.0 percent phosphorus by weight expressed as elemental phosphorus except for an amount not exceeding 0.5 percent phosphorus that is incidental to manufacturing.
(b)    Except as provided in subsection (c) of this section, a person may use, sell, manufacture, or distribute for use or sale a cleaning agent that contains greater than 0.0 percent phosphorus by weight, but does not exceed 8.7 percent phosphorus by weight that is:
(1)    A detergent used in a commercial dishwashing machine; or
(2)    A substance the Secretary, by rule and regulation, excludes from the 0.0 percent phosphorus limitation of subsection (a) of this section based on a finding that compliance with this section would:
(i)    Create a significant hardship on the user; or
(ii)    Be unreasonable because of the lack of an adequate substitute cleaning agent.
(c)    (1)    A person may not use, sell, manufacture, or distribute for use or sale within the State any detergent for use in a household dishwashing machine that contains more than 0.5 percent phosphorus by weight.
(2)    After July 1, 2013, a person may not use, sell, manufacture, or distribute for use or sale within the State any detergent for use in a commercial dishwashing machine that contains more than 0.5 percent phosphorus by weight.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 15 - Cleaning Agents › Section 9-1505 - Penalties for Violation

(a)    (1)    Any person who uses a cleaning agent in violation of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100.
(2)    (i)    Except as provided in subparagraph (ii) of this paragraph, any person who sells, distributes, or manufactures a cleaning agent in violation of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.
(ii)    Any person who knowingly sells or distributes for use or sale within the State a detergent for use in a household dishwashing machine in violation of § 9–1503(c) of this subtitle is guilty of a misdemeanor and on conviction is subject to:
1.    For a first offense, a fine not exceeding $1,000; or
2.    For a second or subsequent offense, a fine of not less than $1,000 and not exceeding $25,000.
(b)    The Department may seize any cleaning agent held for sale or distribution in violation of this subtitle. The seized cleaning agents are considered forfeited.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 16 - Maryland Water Infrastructure Financing Administration › Part I - Definitions; General Provisions › Section 9-1603 - Secretary; Legal Advisor

(a)    The Secretary, with the approval of the Governor, shall appoint the Director of the Administration who shall serve at the pleasure of the Secretary. The Director is a special appointment in the State Personnel Management System. The Director shall operate and exercise the powers of the Administration under the direction of the Secretary in accordance with the provisions of this subtitle. The Director shall receive such salary and have such deputies, assistants, employees, and professional consultants as provided in the State budget.
(b)    The Attorney General shall be the legal advisor for and represent the Administration.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 16 - Maryland Water Infrastructure Financing Administration › Part II - Powers and Duties › Section 9-1606.1 - Linked Deposit Loans

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Lender” means a financial institution that:
(i)    Is eligible to make commercial loans;
(ii)    Agrees to receive linked deposits under this subtitle; and
(iii)    1.    Is a public depository of State funds insured by the Federal Deposit Insurance Corporation; or
2.    Is an institution of the Farm Credit System organized under the Farm Credit Act of 1971, as amended.
(3)    “Linked deposit” means a deposit or investment that is placed by the Administration with a lender and earns income below the prevailing market rate for equivalent deposits or investments made with the lender at the time of the deposit or investment.
(4)    “Linked deposit loan” means a loan from a lender to a borrower that:
(i)    Is used for the purposes of § 9-1605(d)(6) or § 9-1605.1(d)(7) of this subtitle; and
(ii)    Is provided at an interest rate below the prevailing market rate to the same extent income earned on the linked deposit is below income paid on equivalent deposits.
(5)    “Linked Deposit Program” means a program established by the Administration whereby a linked deposit is placed with a lender based on the agreement of the lender to provide a linked deposit loan to a borrower.
(b)    (1)    A borrower desiring to acquire a linked deposit loan shall apply to a lender.
(2)    The Administration shall certify to a lender that a borrower is eligible for a linked deposit loan consistent with § 9-1605(d)(6) or § 9-1605.1(d)(7) of this subtitle.
(c)    Upon approval of a linked deposit loan by the lender, the Administration and lender shall enter into an agreement under which the amount and term of, and schedule for payment of principal and interest on, the linked deposit shall be determined.
(d)    On receiving a linked deposit from the Administration, the lender shall execute a loan commitment with the borrower.
(e)    A linked deposit loan is not a debt of the State or a pledge of the credit of the State.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 16 - Maryland Water Infrastructure Financing Administration › Part II - Powers and Duties › Section 9-1607 - Bonds

(a)    The Administration may, subject to the prior approval of the Board and the Secretary, issue bonds for the purpose of providing moneys for deposit to a fund.
(b)    With respect to each issue of bonds, the Director shall adopt a bond resolution determining:
(1)    The date or dates of issue;
(2)    The date or dates of maturity and the amount or amounts maturing on such date or dates;
(3)    The fixed or variable rate or rates of interest payable on the bonds, or manner of determining the same, and the date or dates of such payment;
(4)    The form or forms and denomination or denominations, manner of execution and the place or places of payment of the bonds and of the interest thereon, which may be at any bank or trust company within or without this State;
(5)    Whether the bonds or any part thereof shall be made redeemable before maturity and, if so, upon what terms, conditions, and prices; and
(6)    Any other matter relating to the forms, terms, conditions, issuance, and sale of the bonds.
(c)    No person executing the bonds or approving the issuance of the bonds shall be liable personally on the bonds or subject to any personal liability by reason of the issuance of the bonds.
(d)    The Administration may enter into agreements with agents, banks, insurers, or others for the purpose of enhancing the marketability of or as security for the bonds.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 16 - Maryland Water Infrastructure Financing Administration › Part II - Powers and Duties › Section 9-1608 - Validity of Signature; Negotiable Instruments; Public or Private Sale

(a)    If any officer whose signature or a facsimile of whose signature appears on any bonds shall cease to be such officer before the delivery of the bonds, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes the same as if he or she had remained in office until such delivery.
(b)    Notwithstanding any other provisions of this subtitle or any recitals in any bonds issued hereunder, all such bonds shall be deemed to be negotiable instruments under the laws of this State.
(c)    The bonds shall be exempt from the provisions of §§ 19–205 and 19–206 of the Local Government Article and §§ 8–206 and 8–208 of the State Finance and Procurement Article, and the Administration may sell such bonds in such manner, either at public or at private sale, and for such price as it may determine.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 16 - Maryland Water Infrastructure Financing Administration › Part II - Powers and Duties › Section 9-1609 - Refunding Outstanding Bonds

(a)    The Administration is authorized, subject to the prior approval of the Board and the Secretary, to provide for the issuance of its bonds for the purpose of refunding any bonds of the Administration then outstanding, including the payment of any redemption premium thereon and any interest accrued or to accrue to the earliest or any subsequent date of redemption, purchase, or maturity of such bonds. Refunding bonds may be issued in the discretion of the Director for any public purpose, including, without limitation, the public purposes of realizing savings in the effective costs of debt service, directly or through a debt restructuring, or alleviating an impending or actual default, or relieving the Administration of contractual agreements which in the opinion of the Director have become unreasonably onerous or impracticable or impossible to perform. Refunding bonds, in one or more series, may be issued in an amount in excess of that of the bonds to be refunded. Without limiting the extent of any sources of payment provided by the Administration, refunding bonds may be made payable from escrowed bond proceeds and from interest, income, and profits, if any, on investments.
(b)    The proceeds of any bonds issued for the purpose of refunding outstanding bonds may, in the discretion of the Director, be applied to the purchase or retirement at maturity or redemption of such outstanding bonds either on their earliest or any subsequent redemption date, and may, pending such application, be placed in escrow to be applied to such purchase or retirement at maturity or redemption on such date as may be determined by the Director.
(c)    Any such escrowed proceeds, pending such use, may be invested and reinvested in obligations of or guaranteed by the United States of America, or in certificates of deposit or time deposits secured by obligations of or guaranteed by the United States of America, maturing at such time or times as shall be appropriate to assure the prompt payment, as to principal, interest, and redemption premium, if any, of the outstanding bonds to be so refunded. The interest, income and profits, if any, earned or realized on any such investment may also be applied to the payment of the outstanding bonds to be so refunded. After the terms of the escrow have been fully satisfied and carried out, any balance of such proceeds and interest, income, and profits, if any, earned or realized on the investments thereof may be returned to the Administration for use by it in any lawful manner.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 16 - Maryland Water Infrastructure Financing Administration › Part II - Powers and Duties › Section 9-1610 - Definitive Bonds, Interim Receipts, Temporary Bonds

The Administration is further authorized and empowered, subject to the prior approval of the Board and the Secretary:
(1)    To issue, prior to the preparation of definitive bonds, interim receipts or temporary bonds, exchangeable for definitive bonds when such bonds have been executed and are available for delivery; and
(2)    To issue and sell its bond anticipation notes, the principal of and interest on such notes to be made payable to the owner or owners thereof out of the first proceeds of sale of bonds therein designated, and to issue and sell its revenue anticipation notes or grant anticipation notes, the principal of and interest on such notes to be made payable to the owner or owners thereof out of the first receipts of the revenues or grants, as the case may be, therein designated. The authorizing resolution may make provision for the issuance of such notes in series as funds are required and for the renewal of such notes at maturity with or without resale. The issuance of such notes and the details thereof, the rights of the holders thereof, and the rights, duties, and obligations of the Administration in respect thereto shall be governed by the provisions of this subtitle relating to bonds, insofar as the same may be applicable.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 16 - Maryland Water Infrastructure Financing Administration › Part II - Powers and Duties › Section 9-1612 - Rights of Owner of Bonds or Trustee; Enforcing and Compelling Performance of Duties

Any owner of bonds and the trustee, except to the extent the rights herein given may be restricted by a bond resolution, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of this State or granted hereunder or under the bond resolution, and may enforce and compel the performance of all duties required by this subtitle or by a bond resolution to be performed by the Administration or by any officer, employee, or agent thereof.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 16 - Maryland Water Infrastructure Financing Administration › Part II - Powers and Duties › Section 9-1613 - Bonds as Securities

Bonds are securities in which all public officers and public bodies of the State of Maryland and its political subdivisions and all banks, trust companies, savings and loan associations, investment companies and others carrying on a banking business, all insurance companies and insurance associations and others carrying on an insurance business, all personal representatives, executors, administrators, guardians, trustees and other fiduciaries, and all other persons may legally and properly invest funds, including capital in their control or belonging to them. Bonds are securities which may properly and legally be deposited with and received by a State or municipal officer or any agency or political subdivision of the State for any purpose for which the deposit of bonds or other obligations of the State is now or may hereafter be authorized by law.