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2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 4 - Drinking Water › Part I - Drinking Water -- Regulation › Section 9-403 - Effect on Other Powers

(a)    This subtitle does not affect any other express powers conferred by statute on the Department of the Environment or the Department of Natural Resources.
(b)    The powers, duties, and authority of the Department under this subtitle supplement and are ancillary to any other provisions of this article and the Health - General Article that relate to the Secretary’s authority and responsibility to assure the purity and sanitary condition of the water supply.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 4 - Drinking Water › Part I - Drinking Water -- Regulation › Section 9-404 - Miscellaneous Powers of Secretary

To carry out the provisions of this subtitle and in addition to the powers set forth elsewhere in this subtitle, the Secretary may:
(1)    Perform any act necessary to carry out the provisions of this subtitle that relate to adopting or enforcing State primary drinking water regulations;
(2)    Administer the provisions of this subtitle and all rules, regulations, and orders adopted, issued, or effective under this subtitle;
(3)    Enter into agreements, contracts, or cooperative arrangements, under appropriate terms and conditions, with any person or governmental entity;
(4)    Receive financial and technical assistance from the federal government or other public or private agencies;
(5)    Participate in related programs of the federal government, other states, interstate agencies, or other public or private agencies or organizations;
(6)    Establish adequate fiscal controls and accounting procedures to assure proper disbursement of and accounting for funds appropriated or otherwise provided for the purpose of carrying out provisions of this subtitle;
(7)    Delegate any responsibilities and duties the Secretary considers appropriate for administering the requirements of this subtitle;
(8)    Set and collect fees for conducting necessary inspections and laboratory analyses; and
(9)    Adopt rules and regulations that are necessary or appropriate to carry out the Secretary’s functions under this subtitle.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 4 - Drinking Water › Part I - Drinking Water -- Regulation › Section 9-405 - Action by Secretary to Prevent Public Water System Contamination

(a)    In this section, “dangerous contaminant” means a contaminant that, if present in a public water system, would present an imminent and substantial danger to the health of individuals.
(b)    (1)    On receipt of information that a dangerous contaminant is present in or likely to enter a public water system, the Secretary may take any action necessary to protect the health of the individuals whose health is or would be endangered by the dangerous contaminant.
(2)    The actions that the Secretary may take under this section include:
(i)    Issuing any order necessary to protect the health of individuals who are or may be users of the public water system; and
(ii)    Suing for injunctive or other appropriate relief.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 4 - Drinking Water › Part I - Drinking Water -- Regulation › Section 9-406 - Safe Drinking Water Emergencies

(a)    The Secretary shall adopt an adequate plan for providing safe drinking water under emergency circumstances.
(b)    If, in the judgment of the Secretary, emergency circumstances exist with respect to a need for safe drinking water, the Secretary may take any action necessary to provide safe drinking water where it otherwise would not be available.
(c)    (1)    Notwithstanding § 9-407(b) of this subtitle, the Secretary may adopt and enforce regulations for a contaminant if the Secretary determines that the contaminant poses a significant risk to public health and for which complete interim or revised national primary drinking water regulations are not in effect.
(2)    As part of the Secretary’s determination under paragraph (1) of this subsection, the Secretary shall prepare a report that includes:
(i)    1 year of statewide monitoring data for the contaminant, which identifies locations in the State where the contaminant level may pose a significant risk to public health;
(ii)    Peer reviewed assessments, methodologies, and data concerning the particular contaminant; and
(iii)    A cost/benefit analysis of implementing the proposed standard for the contaminant conducted by the Department that includes:
1.    Review and comment by the Department of Business and Economic Development; and
2.    After the Department provides notice of the analysis and a reasonable opportunity to comment to the affected public water systems, any submitted written statements from public water systems affected by the proposed standard.
(3)    Nothing in this subsection affects the Department’s authority to adopt and enforce complete interim or revised national primary drinking water regulations.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 4 - Drinking Water › Part I - Drinking Water -- Regulation › Section 9-407 - State Primary Drinking Water Regulations -- in General

(a)    The Secretary shall:
(1)    Adopt and enforce State primary drinking water regulations; and
(2)    Adopt and implement adequate procedures for enforcing the State primary drinking water regulations.
(b)    The State primary drinking water regulations may not:
(1)    Be more stringent than the complete interim or revised national primary drinking water regulations in effect at the time; or
(2)    Require the addition of any substance for preventive health care purposes unrelated to contamination of drinking water.
(c)    The enforcement procedures shall:
(1)    Include monitoring and inspection procedures; and
(2)    Comply with all rules and regulations adopted by the Administrator under the federal Act.
(d)    As the Administrator requires by rules or regulations adopted under the federal Act, the Secretary shall keep records and make reports with respect to the Secretary’s activities under this section.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 4 - Drinking Water › Part I - Drinking Water -- Regulation › Section 9-408 - State Primary Drinking Water Regulations -- Application

(a)    Except as provided in subsection (b) of this section, and subject to § 9-409 of this subtitle, State primary drinking water regulations shall apply to every public water system in this State.
(b)    The State primary drinking water regulations do not apply to a public water system that:
(1)    Consists only of distribution and storage facilities, and does not have any collection and treatment facilities;
(2)    Obtains all of its water from, but is not owned or operated by, a public water system to which the State primary drinking water regulations apply;
(3)    Does not sell water to any person; and
(4)    Is not a carrier that conveys passengers in interstate commerce.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 4 - Drinking Water › Part I - Drinking Water -- Regulation › Section 9-409 - State Primary Drinking Water Regulations -- Variances and Exemptions

The Secretary may authorize variances or exemptions from the rules and regulations issued in accordance with § 9–407 of this subtitle, under conditions and in a manner necessary and desirable. However, the variances or exemptions are permitted only under conditions and in a manner that is not less stringent than the conditions under, and the manner in which, variances and exemptions may be granted under the federal Act.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 4 - Drinking Water › Part I - Drinking Water -- Regulation › Section 9-410 - Notice to Be Given by Suppliers of Water

(a)    Each supplier of water shall give notice to the Department and the persons served by the system and shall give written notice to noncollegiate educational institutions, public schools, family child care homes, and child care centers whenever the system:
(1)    Fails to comply with an applicable maximum contaminant level, treatment technique requirement, or testing procedure prescribed by a drinking water regulation or fails to perform required monitoring;
(2)    Is subject to variance granted for an inability to meet a maximum contaminant level;
(3)    Is subject to an exemption;
(4)    Fails to comply with the requirements set by a variance or exemption; or
(5)    Has concentration levels of an unregulated contaminant for which the State may require notice due to the risk to public health.
(b)    Each notice shall:
(1)    State the nature and possible health effects that may result;
(2)    Be provided to the persons served by the water system;
(3)    Be issued in a timely manner by means of radio, television, newspaper of general circulation, written notice, or other means acceptable to the Department; and
(4)    Be in a form readily understandable by the affected population.
(c)    (1)    By rule or regulation, the Secretary shall adopt notice requirements to meet the requirements of this section.
(2)    The rules and regulations shall establish notification standards and procedures that include the manner, frequency, form, and content of the notices.
(d)    For violations with the potential to have serious adverse effects on human health as a result of short–term exposure, the supplier of water shall provide notice as soon as practicable, but not later than 24 hours after the occurrence of the violation.
(e)    For violations other than the violations described in subsection (d) of this section, the supplier of water shall provide written notice to each person served by the system in an annual report, or by mail not later than 1 year after the violation.
(f)    (1)    Each nontransient noncommunity water system, including those systems that primarily provide bottled water, shall:
(i)    At a frequency determined by the Department, test the water provided by the system for the presence of methyl tertiary butyl ether; and
(ii)    Report the test results to the Department.
(2)    If a test conducted under this subsection indicates that the level of methyl tertiary butyl ether in the drinking water exceeds the State advisory level, as determined by the Department, the water system shall give notice of that fact to:
(i)    The persons regularly served by the water system; and
(ii)    If the water system serves a child care center, an elementary or secondary school, or any other facility that regularly serves minors, the parents or legal guardians of all minors regularly served by the water system.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 4 - Drinking Water › Part I - Drinking Water -- Regulation › Section 9-412 - Prohibited Acts

(a)    A supplier of water may not:
(1)    Fail to comply with § 9-410 of this subtitle;
(2)    Disseminate any false or misleading information in or about any notice required under § 9-410 of this subtitle or about any remedial action being undertaken to achieve compliance with State primary drinking water regulations;
(3)    Knowingly make any false statement, representation, or certification in any application, record, report, plan, or other document filed or permit adopted or issued under this subtitle;
(4)    Fail to comply with the rules and regulations adopted under § 9-407 of this subtitle; or
(5)    Fail to comply with any conditions for variances or exemptions authorized under § 9-409 of this subtitle.
(b)    A person may not:
(1)    Fail to comply with any order issued by the Secretary under this subtitle; or
(2)    Falsify or knowingly render inaccurate any monitoring device or method required to be maintained under this subtitle or any rule, regulation, order, or permit adopted or issued under this subtitle.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 4 - Drinking Water › Part I - Drinking Water -- Regulation › Section 9-412.1 - Tampering With Public Water System

(a)    A person may not tamper, attempt to tamper, or make a threat to tamper with a public water system.
(b)    (1)    The Department may bring a civil action against any person who tampers, attempts to tamper, or makes a threat to tamper with a public water system.
(2)    The court may impose a civil penalty of not more than $50,000 for actual tampering, or not more than $20,000 for each attempt to tamper.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 4 - Drinking Water › Part I - Drinking Water -- Regulation › Section 9-414 - Issuance of Orders or Notice for Violations

(a)    The Department may issue an order or notice if the Department has reasonable grounds to believe that a person to whom the order or notice is directed has violated:
(1)    This subtitle;
(2)    Any rule or regulation adopted under this subtitle; or
(3)    Any order or permit issued under this subtitle.
(b)    An order or notice issued under this subtitle shall:
(1)    Specify the provision that allegedly has been violated;
(2)    State the alleged facts that constitute the violation;
(3)    State the actions necessary to correct the violation and the time allowed for corrections;  and
(4)    State the procedure for requesting a hearing to respond to the violation alleged in the order.
(c)    If the person served with an order does not request a hearing within 30 days, the order becomes a final order.
(d)    Any notice or order issued by the Department under this subtitle may be served on the person to whom it is directed:
(1)    In accordance with § 1–204 of this article; or
(2)    By publication.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 4 - Drinking Water › Part I - Drinking Water -- Regulation › Section 9-415 - Hearings

(a)    The Department shall give notice and hold hearings under this subtitle in accordance with the Administrative Procedure Act.
(b)    (1)    Within 30 days after service of the order under this subtitle the person served may request in writing a hearing before the Department.
(2)    (i)    If a person served with an order under this subsection makes a timely request for a hearing, the Department shall give the person written notice of the date, time, and place of the hearing, at least 10 days before the hearing date.
(ii)    The order becomes final when the Department renders its decision following the hearing.
(c)    The Department may make a verbatim record of the proceedings of any hearing held under this subtitle.
(d)    (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.
(5)    Any person aggrieved by a final decision of the Department in connection with an order or a permit issued under this subtitle may take judicial appeal in accordance with the Administrative Procedure Act.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 4 - Drinking Water › Part I - Drinking Water -- Regulation › Section 9-416 - Injunctions for Violations

(a)    The Department may bring an action for an injunction against any person who violates any provision of this subtitle or any rule, regulation, order, or permit adopted or issued by the Department under this subtitle.
(b)    In an action for an injunction under this section, any finding of the Department after a hearing is prima facie evidence of each fact the Department determines.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 4 - Drinking Water › Part I - Drinking Water -- Regulation › Section 9-417 - New Water Supply Systems; Demonstration of Capacity to Operate System in Accordance With Regulations

Each new community and nontransient noncommunity water supply system that commences operation after October 1, 1999 shall demonstrate to the Department that it has the technical, managerial, and financial capacity to operate the proposed water system in accordance with the drinking water regulations in effect, or likely to be in effect, on the date of the commencement of operations.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 4 - Drinking Water › Part II - Water Supply Facilities -- Financial Assistance › Section 9-420 - "Water Supply Facility" Defined; Program; Authority to Make Awards

(a)    For the purposes of this Part II, a “water supply facility” includes a source, treatment, storage, or distribution facility.
(b)    There is a Water Supply Facilities Financial Assistance Program consisting of moneys made available under water supply loan authorizations and funds appropriated in the State budget.
(c)    The Board of Public Works, upon the recommendation of the Secretary, may award financial assistance to State and local governmental entities for the acquisition, construction, equipping, rehabilitation, design, and improvement of water supply facilities.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 4 - Drinking Water › Part II - Water Supply Facilities -- Financial Assistance › Section 9-421 - Grants and Loans -- in General

(a)    Grants and loans may be awarded to any State or local governmental entity responsible by law for the provision of water supply systems in order to finance eligible costs of those systems that are necessary to satisfy State drinking water standards and policies or to protect the public health and comfort.
(b)    State assistance under this Part II of this subtitle, may not exceed 87.5 percent of eligible costs for each project or part of a project.
(c)    In the case of a project to be operated by a State–owned institution or facility, State financial assistance shall equal the total cost of the project less the amount of any federal grant made therefor.
(d)    For financial assistance over $500,000 awarded under the Fund, the applicant shall demonstrate, to the satisfaction of the Department, that steps were taken to include small business enterprises, minority business enterprises, and women’s business enterprises by:
(1)    Placing qualified small business enterprises, minority business enterprises, and women’s business enterprises on solicitation lists;
(2)    Assuring that small business enterprises, minority business enterprises, and women’s business enterprises are solicited whenever they are potential sources;
(3)    Dividing total requirements, when economically feasible, into small tasks or quantities to permit maximum participation of small business enterprises, minority business enterprises, and women’s business enterprises;
(4)    Establishing delivery schedules, where the requirement permits, that encourage participation by small business enterprises, minority business enterprises, and women’s business enterprises; and
(5)    Using the services and assistance of the Maryland Department of Transportation and the Governor’s Office of Small, Minority, and Women Business Affairs in identifying and soliciting small business enterprises, minority business enterprises, and women’s business enterprises.
(e)    If the steps required under subsection (d) of this section are not demonstrated to the satisfaction of the Department, the Department may withhold financial assistance for the project.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 4 - Drinking Water › Part II - Water Supply Facilities -- Financial Assistance › Section 9-422 - Grants and Loans -- Terms and Conditions

(a)    (1)    Before any loan is made, the applicant shall execute an agreement specifying the purpose, amount, and manner of repayment of the loan.
(2)    The agreement shall be signed on behalf of the State by the Department of the Environment and shall be approved by the Board of Public Works.
(3)    To the extent not inconsistent with this Part II of Subtitle 4, a grant, loan, or loan guarantee agreement shall contain those conditions that the Secretary requires by regulation and that the Board of Public Works requires on a specific application for financial assistance.
(b)    A State loan extended under this subtitle:
(1)    May not exceed $500,000 principal amount for each project or part of a project in any calendar year except as provided in subsection (c) of this section;
(2)    May not exceed the eligible cost of the project less the total of federal and State grants and federal loans;
(3)    Shall bear at least the same rate of interest as the most recent State general obligation bond sale preceding the date of approval by the Board of Public Works; and
(4)    Shall be repaid within 30 years.
(c)    The aggregate principal amount of all loans for each project or part of a project in any calendar year may not exceed $500,000 unless the Board of Public Works determines that extraordinary circumstances exist.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 4 - Drinking Water › Part II - Water Supply Facilities -- Financial Assistance › Section 9-423 - Regulations; Project Priority Systems

(a)    With the approval of the Board of Public Works, the Secretary shall adopt regulations that establish application procedures and criteria for the award of financial assistance under this Part II of Subtitle 4. The criteria shall provide the basis for project priority rankings and shall include, as appropriate:
(1)    The water quality for public health impacts caused by existing circumstances;
(2)    Previous efforts expended to correct any existing problem;
(3)    Financial capability of the applicant;
(4)    The problem prevention aspects of a proposed project;
(5)    Cost effectiveness of a proposed project;
(6)    Planning requirements;
(7)    Provisions for monitoring and review; and
(8)    Measures to assure accountability for all funds awarded under this subtitle.
(b)    The Secretary shall establish project priority systems.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 4 - Drinking Water › Part II - Water Supply Facilities -- Financial Assistance › Section 9-424 - Loan Guarantees

(a)    A loan guarantee of the principal of or interest on any commercial loan or obligation to finance the eligible cost of a project under this subtitle may only be made if the applicant certifies that it is unable to obtain on reasonable terms sufficient credit to finance its actual needs without the guarantee and if the Board of Public Works determines that there is a reasonable assurance of repayment of the loan obligation.
(b)    A loan guarantee may not exceed $500,000 for each project or part of a project in any calendar year unless the Board of Public Works determines that extraordinary circumstances exist.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 4 - Drinking Water › Part II - Water Supply Facilities -- Financial Assistance › Section 9-425 - Eligible Costs

The eligible cost of a project for State financial assistance under this subtitle may include the costs of reports, plans, specifications, legal and administrative services, equipment, construction, rehabilitation, or improvement, and may include land, easements, and rights-of-way.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 4A - Private Well Safety Program › Section 9-4A-01 - Duty of Residential Rental Property Owner Regarding Private Water Supply Well -- Contamination -- Violations -- Minimum Water Quality Criteria. [Effective Until October 1, 2024]

(a)    An owner of residential rental property that is served by a private water supply well shall:
(1)    Provide for water quality testing every 3 years;
(2)    Disclose to a tenant the results of the water quality testing; and
(3)    Notify a tenant:
(i)    After any water quality test required under item (1) of this subsection is complete; and
(ii)    Of the most recent water quality test when they sign a lease.
(b)    (1)    The requirements of this subsection apply when a private water supply well is contaminated by a substance that exceeds:
(i)    The maximum contaminant level for that substance that is set by the U.S. Environmental Protection Agency for drinking water quality; or
(ii)    A harmful level for that substance, as determined by the Department.
(2)    When a water quality test reveals a private water supply well is contaminated, the owner of a residential rental property that is served by the well shall:
(i)    Notify the Department and the local health department about the contamination;
(ii)    Provide an approved potable water supply until the contamination is permanently remediated; and
(iii)    Within 60 days of the date on which the owner knew of the contamination, resolve the issue, including by:
1.    Providing an approved potable water supply on an ongoing basis;
2.    Permanently remediating the contamination; or
3.    Providing the tenant with the option to terminate the lease.
(c)    (1)    A person who violates a provision of this section is subject to a civil penalty not exceeding $1,000.
(2)    A local health department may:
(i)    Enforce this section; and
(ii)    Collect the civil penalty provided under paragraph (1) of this subsection.
(d)    The Department shall adopt regulations to establish minimum criteria for water quality testing required under this section.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 5 - County Water and Sewerage Plans › Section 9-502 - Scope of Subtitle

(a)    Unless the operation of a water supply system would interfere with a cleanup or remediation action of the Department, this subtitle does not prohibit the installation or operation of a water supply system that is used only to supply water for purposes other than human or animal consumption.
(b)    If a county is exempt from the provisions of this subtitle, the county may not receive funds from the sanitary facilities fund.
(c)    Any rule or regulation adopted under this subtitle does not limit or supersede any other county, municipal, or State law, rule, or regulation that provides greater protection to the public health, safety, or welfare.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 5 - County Water and Sewerage Plans › Section 9-503 - County Plans -- Required; Review by Governing Body of County; Revision or Amendment

(a)    Each county shall have a county plan or a plan with adjoining counties that:
(1)    Is approved by the Department;
(2)    Covers at least the 10-year period next following adoption by the county governing body; and
(3)    Deals with:
(i)    Water supply systems;
(ii)    Sewerage systems;
(iii)    Solid waste disposal systems;
(iv)    Solid waste acceptance facilities; and
(v)    The systematic collection and disposal of solid waste, including litter.
(b)    Except as provided in § 9-515 of this subtitle, each county governing body shall review its county plan at least once every 3 years in accordance with a schedule set by the Department.
(c)    Each county governing body shall adopt and submit to the Department a revision or amendment to its county plan if:
(1)    The governing body considers a revision or amendment necessary; or
(2)    The Department requires a revision or amendment.
(d)    (1)    Before a county governing body adopts any revision or amendment to its county plan or adopts a new county plan, the governing body shall:
(i)    Conduct a public hearing on the county plan, revision, or amendment that may be conducted jointly with other public hearings or meetings; and
(ii)    Give the principal elected official of each municipal corporation that is affected notice of the county plan, revision, or amendment at least 14 days before the hearing.
(2)    (i)    Notice of the time and place of the public hearing, together with a summary of the plan, revision, or amendment, shall be published in at least 1 newspaper of general circulation in the county once each week for 2 successive weeks, with the first publication of notice appearing at least 14 days before the hearing.
(ii)    Notice of the public hearing may be a part of the general notice listing all other items to be considered during the public hearing or meeting.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 5 - County Water and Sewerage Plans › Section 9-504 - County Plans -- Incorporation of Subsidiary Plans

(a)    To the extent that the incorporation will promote the public health, safety, and welfare, each county plan shall incorporate all or part of the subsidiary plans of each town, municipal corporation, sanitary district, privately owned facility, or local, State, or federal agency that has existing or planned development in that county.
(b)    If the governing body of each county that is affected adopts a subsidiary plan for a multicounty area, the county may incorporate in its county plan all or part of the subsidiary plan.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 5 - County Water and Sewerage Plans › Section 9-508 - County Plans -- Notice of Departmental Disapproval; Reconsideration of Disapproval

(a)    If the Department disapproves, in whole or in part, a proposed county plan or a proposed revision or amendment of a county plan, the Department shall give the county a written notice of disapproval that states the reasons for disapproval.
(b)    At any time up to 6 months after a county receives the notice of disapproval, the county governing body may ask the Secretary to reconsider the disapproval in accordance with the rules and regulations of the Department.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 5 - County Water and Sewerage Plans › Section 9-511 - Conformance to County Plans Required -- in General

Unless they conform to the county plan or revision or amendment of the county plan, the following systems and facilities may not be installed or extended:
(1)    A water supply system;
(2)    A sewerage system;
(3)    A solid waste disposal system; and
(4)    A solid waste acceptance facility.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 5 - County Water and Sewerage Plans › Section 9-511.1 - Removal of Solid Waste Acceptance Facilities

(a)    A county may remove a proposed solid waste acceptance facility from the county plan if:
(1)    The owner of the proposed solid waste acceptance facility fails to apply to the Department for a new permit within 1 year of inclusion in the plan;
(2)    The owner of the proposed solid waste acceptance facility fails to apply to the Department for a renewal in accordance with § 10-226(b) of the State Government Article;
(3)    The Department denies a permit for the proposed solid waste acceptance facility in its final decision; or
(4)    The proposed solid waste acceptance facility is not constructed within 10 years after receiving a permit.
(b)    For the purposes of subsection (a)(1) of this section, a new permit does not include a permit application for expansion or major modification of an existing facility.
(c)    This section may not be construed to allow the county to remove a proposed solid waste acceptance facility if the solid waste acceptance facility is necessary to provide adequate capacity for the disposal of solid waste generated within the county in accordance with § 9-505 of this subtitle.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 5 - County Water and Sewerage Plans › Section 9-513 - Exceptions to County Plan in Baltimore County and Carroll County

In Baltimore County or Carroll County, the county approving authority may grant an exception to the county plan that allows a person to install an individual water supply system or an individual sewerage system for an individual residence if the Secretary or a designee of the Secretary:
(1)    Finds that this exception to the county plan is justified and necessary to alleviate extreme hardship; and
(2)    Approves the exception to the county plan.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 5 - County Water and Sewerage Plans › Section 9-514 - Exceptions to County Plan in Harford County

(a)    (1)    If the Harford County governing body does not approve and incorporate in its county plan all or part of the subsidiary plans of each town, municipal corporation, and sanitary district in Harford County, the Harford County governing body shall send to the Department a written notice of:
(i)    This action; and
(ii)    The specific reasons for this action.
(2)    If the Harford County governing body or the governing body of a town, municipal corporation, or sanitary district in Harford County requests, the Department may:
(i)    Arbitrate the dispute; and
(ii)    Decide whether to approve and incorporate all or part of this subsidiary plan in the Harford County plan.
(b)    In Harford County, except as provided in subsection (c) of this section, a building permit or a zoning permit may not be issued for a new subdivision in an area where a community water supply system or a community sewerage system is scheduled to be built within 10 years under the county plan, unless there is a county approved water supply system and a county approved sewerage system for the subdivision.
(c)    On their unanimous consent, the Harford County Health Officer, the Director of Planning and Zoning for Harford County, and the Director of Public Works for Harford County may recommend a waiver to the County Executive for his approval from the provisions of subsection (b) of this section if:
(1)    Any lot created is a residential lot with a minimum size of 60,000 square feet;
(2)    A septic reserve area with a minimum size of 20,000 square feet is established and recorded on the final plan;
(3)    The subdivision site is shown in the comprehensive water and sewer plan for the 5-year to 10-year construction category;
(4)    The responsible agencies conclude that the failure to install an approved sewerage collection system at the subject time on the subject property is not detrimental to the overall county water and sewer system; and
(5)    The subdivision site and all the lots in the subdivision site meet other local guidelines to include applicable health, environmental, and physical characteristics including, but not limited to:
(i)    Minimum lot width at building line of 150 feet;
(ii)    Maximum slope in septic reserve area of 15 percent;
(iii)    Percolation rate between 2 and 20 minutes; and
(iv)    Soils within septic reserve areas with slight to moderate limitations for homes with septic systems.
(d)    Before adopting any amendment or revision to the county water and sewer plan, the Harford County governing body shall determine whether a subdivision site or lot that has been granted a waiver under subsection (c) of this section shall be included in the amended or revised county plan.
(e)    In the planning for water supply systems, sewerage systems, and solid waste disposal systems in its county plan, the Harford County governing body shall consider estimates of population density for Harford County.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 5 - County Water and Sewerage Plans › Section 9-516 - Special Provisions for County Plan in Montgomery County and Prince George's County -- Information and Assistance From Washington Suburban Sanitary Commission and Maryland-National Capital Park and Planning Commission

(a)    This section applies only in Montgomery County and Prince George’s County.
(b)    The Washington Suburban Sanitary Commission and the Maryland-National Capital Park and Planning Commission shall provide any information and assistance requested by the county council or the county executive for preparing, reviewing, adopting, revising, or amending a county plan.
(c)    The county council and county executive of each county, the Washington Suburban Sanitary Commission, and the Maryland-National Capital Park and Planning Commission shall adopt procedures for:
(1)    Requesting information or assistance under this section;
(2)    Responding to the request; and
(3)    Setting a reasonable timetable for response to a request.
(d)    The Washington Suburban Sanitary Commission shall provide any requested information about the comprehensive plan for water supply systems and sewerage systems in each county as to:
(1)    Engineering;
(2)    Design;
(3)    Present and future capacities;
(4)    Available service projections;
(5)    Fiscal elements; and
(6)    Annual revisions of this information.
(e)    The Maryland-National Capital Park and Planning Commission shall provide any requested information to each county as to:
(1)    Population;
(2)    Growth projections;
(3)    Planning factors; and
(4)    Other developmental standards.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 5 - County Water and Sewerage Plans › Section 9-517 - Special Provisions for County Plan in Montgomery County and Prince George's County -- Individual Sewerage Systems

In Montgomery County or Prince George’s County, the comprehensive plan for water supply systems and sewerage systems may allow the installation and use of an individual sewerage system for an interim period until the necessary sewerage transmission and treatment capacity in the area is available to provide adequate community sewerage service if:
(1)    A community sewerage system otherwise is required in the area; but
(2)    Access to a community sewerage system is prohibited by an order of:
(i)    The Department;
(ii)    Montgomery County;
(iii)    Prince George’s County; or
(iv)    The Washington Suburban Sanitary Commission.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 5 - County Water and Sewerage Plans › Section 9-521 - Penalties

(a)    A State or local authority that violates any provisions of § 9-512(b) or (d) of this subtitle is liable for a civil penalty not exceeding $100 to be collected in a civil action brought by the Department in the circuit court for any county. Each day a violation continues is a separate violation under this section.
(b)    A civil penalty imposed under this section does not bar any other applicable relief or penalty.
(c)    (1)    An applicant who violates § 9-510(b)(9) of this subtitle, or who violates any regulation adopted under § 9-510(b)(9) of this subtitle, is liable for a civil penalty not to exceed $500 per violation to be collected in a civil action filed by the Department in the circuit court for any county.
(2)    Each day a violation continues under this subsection constitutes a separate violation of this subsection.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 6 - Sanitary Commissions › Part I - Definitions; General Provisions › Section 9-602 - Scope of Subtitle

This subtitle does not apply to:
(1)    Anne Arundel County.
(2)    Carroll County.
(3)    Harford County.
(4)    Montgomery County.
(5)    Prince George’s County.
(6)    St. Mary’s County.
(7)    Wicomico County.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 6 - Sanitary Commissions › Part I - Definitions; General Provisions › Section 9-604 - Interpretation of Law -- in General

(a)    Except as otherwise provided in this section, this subtitle shall be interpreted liberally to allow a district to carry out the purposes of this subtitle.
(b)    This subtitle does not limit the powers of the Department of Natural Resources or the Department of the Environment.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 6 - Sanitary Commissions › Part I - Definitions; General Provisions › Section 9-605 - Interpretation of Law -- Prior Actions; Bond Status

(a)    (1)    This subtitle does not impair the validity of actions taken by a district before June 1, 1961.
(2)    This subtitle ratifies the actions taken by any district before June 1, 1961.
(b)    This subtitle ratifies the issuance and sale of all bonds issued or sold by a district before June 1, 1961.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 6 - Sanitary Commissions › Part I - Definitions; General Provisions › Section 9-606 - Right of Entry

(a)    At any reasonable time, a representative of a sanitary commission may enter any public or private building or place under the jurisdiction of the district to inspect any pertinent equipment or part of the building or place.
(b)    On entering any building or place under this section, the representative of the sanitary commission shall present to the owner, operator, or agent in charge appropriate credentials from the sanitary commission.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 6 - Sanitary Commissions › Part I - Definitions; General Provisions › Section 9-607 - Status and Powers of Districts

(a)    Each district is a public corporate body that exercises public and essential government functions, for the public health and welfare.
(b)    As to any project, each district may do any of the following:
(1)    Acquire the project.
(2)    Construct the project.
(3)    Hold the project.
(4)    Improve the project.
(5)    Lease the project as a lessee or lessor.
(6)    Maintain the project.
(7)    Operate the project.
(8)    Own the project.
(9)    Reconstruct the project.
(10)    Repair the project.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 6 - Sanitary Commissions › Part I - Definitions; General Provisions › Section 9-608 - Tax Exemption

(a)    Each district, its income, its property, and its incorporation are exempt from any State or local taxation or assessments.
(b)    The bonds issued under this subtitle, their transfer, the interest payable on them, and any income derived from them, including any profit realized in their sale or exchange, shall be exempt at all times from every kind and nature of taxation by this State or by any of its political subdivisions, municipal corporations, or public agencies of any kind.
(c)    When making required filings of corporate documents, each district may be required to pay the usual:
(1)    Filing fees;
(2)    Recording fees; and
(3)    Service charges.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 6 - Sanitary Commissions › Part II - Corporate Structure of District › Section 9-612 - Adoption of Articles of Incorporation

(a)    The ordinance or resolution that creates a district shall include articles of incorporation that comply with this section.
(b)    The articles of incorporation shall include:
(1)    The name of the district, using the word “district”;
(2)    A statement that the district is formed under this subtitle;
(3)    The name of each member county;
(4)    The name, address, and term of office of each of the first sanitary commissioners of the district;
(5)    The purposes for which the district is created; and
(6)    If the district is to exercise jurisdiction over a geographical area smaller than the maximum jurisdiction allowable to the district under this subtitle, a description of the geographical jurisdiction of the district.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 6 - Sanitary Commissions › Part II - Corporate Structure of District › Section 9-614 - Amendments to Articles of Incorporation

(a)    In this section, “amendment” means an amendment to the articles of incorporation of a district.
(b)    In accordance with this section, a district may adopt amendments that:
(1)    Can be included lawfully in original articles of incorporation; and
(2)    Change the district’s:
(i)    Name;
(ii)    Powers; or
(iii)    Purposes.
(c)    To adopt amendments, the sanitary commission shall adopt a resolution that:
(1)    Directs that the proposed amendment be submitted to each member county; and
(2)    Discloses the text of the proposed amendment by printing:
(i)    The text of the entire articles of organization as the articles of organization would read after adoption of the proposed amendment;
(ii)    The text of a provision in the articles of incorporation as that provision would read after adoption of the proposed amendment; or
(iii)    The material whose addition to or removal from the articles of incorporation is proposed.
(d)    By ordinance or resolution, the governing body of each member county shall adopt or reject the proposed amendment.
(e)    (1)    If the governing body of each member county adopts the proposed articles of amendment, two authorized officers of the district shall:
(i)    Verify the facts set forth in the articles of amendment;
(ii)    Put the district’s seal on the articles of amendment; and
(iii)    Sign the articles of amendment.
(2)    The articles of amendment shall include:
(i)    The name and address of the principal office of the district;
(ii)    A statement that the amendment was proposed by the sanitary commissioners;
(iii)    A statement that each member county adopted the amendment; and
(iv)    The text of the amendment.
(f)    The district shall file the articles of amendment with the State Department of Assessments and Taxation.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 6 - Sanitary Commissions › Part II - Corporate Structure of District › Section 9-615 - Adding Counties to District

(a)    A county that is not a member county may join a district in accordance with this section.
(b)    (1)    To join a district, the governing body of the incoming county shall adopt an ordinance or resolution that asks the district to admit the incoming county.
(2)    If the sanitary commission of the district adopts a resolution that approves the admission of the incoming county and if the governing body of each member county adopts an ordinance or resolution that approves the admission of the incoming county, the sanitary commission and the governing body of the incoming county shall adopt and sign articles of joinder.
(c)    Immediately on the admission of the county, the governing body of the new member county shall appoint a sanitary commissioner.
(d)    The articles of joinder shall include:
(1)    The name, address, and term of office of the first sanitary commissioner from the incoming county; and
(2)    All information about the incoming county that would be required in original articles of incorporation.
(e)    The district and incoming county shall file the articles of joinder with the State Department of Assessments and Taxation.