reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Environment › Title 12 - Waterworks and Waste Systems Operators › Subtitle 5 - Prohibited Acts; Penalties › Section 12-501 - Employing Superintendents, Operators, and Industrial Operators

(a)    A person or municipal or private corporation may not operate a waterworks, wastewater works, or industrial wastewater works unless the facility is under the responsible charge of a certified superintendent or certified operator as provided under § 12–402 of this title.
(b)    After July 1, 1982, a person or municipal or private corporation may not operate a waterworks or wastewater works unless all operators in the waterworks or wastewater works are certified operators.
(c)    After July 1, 1982, a person or municipal or private corporation may not operate an industrial wastewater works unless all industrial operators in the industrial wastewater works are certified industrial operators.
(d)    The Department shall enforce this section.
2023 Maryland Statutes › Environment › Title 12 - Waterworks and Waste Systems Operators › Subtitle 5 - Prohibited Acts; Penalties › Section 12-504 - Penalties

(a)    A person or municipal or private corporation that violates any provision of this title or any rule or regulation adopted under this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $25 for each day of violation.
(b)    Each day of employment in violation of this title or of any rule or regulation adopted under this title is a separate offense.
2023 Maryland Statutes › Environment › Title 13 - Well Drillers › Subtitle 1 - Definitions; General Provisions › Section 13-101 - Definitions

(a)    In this title the following words have the meanings indicated.
(b)    “Board” means the State Board of Well Drillers.
(c)    “Geotechnical” refers to that category of well driller license which authorizes the practice of well drilling limited to wells constructed for the purpose of sampling, measuring, or test pumping for scientific, engineering, or regulatory purposes, including wells constructed specifically for the removal of contaminants from an aquifer, but not including water supply test wells.
(d)    (1)    “License” means, unless the context requires otherwise, any license issued by the Board under this title to practice well drilling.
(2)    “License” includes, unless otherwise indicated:
(i)    A well driller license; and
(ii)    A restricted license.
(e)    “Person” means:
(1)    The federal government, this State, any county, municipal corporation, or other political subdivision of this State, or any of their units;
(2)    Any individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind; and
(3)    Any partnership, firm, association, corporation, or other entity.
(f)    “Practice well drilling” includes engaging in any of the following activities for profit:
(1)    Making, altering, repairing, or sealing a well; or
(2)    Installing, altering, repairing, or disconnecting well system equipment.
(g)    “Restricted license” means any license issued by the Board that authorizes its holder to engage in some, but not all, of the activities which constitute the practice of well drilling.
(h)    “Water supply” refers to that category of well driller license which authorizes the practice of well drilling limited to wells constructed for the purpose of obtaining a water supply, including wells constructed for the purpose of installing a heat pump.
(i)    “Well” means any 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.
(j)    “Well driller license” means any license issued by the Board to engage in all activities that constitute the practice of well drilling, including all activities permitted under any restricted license.
(k)    (1)    “Well system equipment” means any equipment that is necessary to draw or purify water from a well.
(2)    “Well system equipment” includes any casing, grout, screen, water tank, water pump, or water conditioning equipment.
2023 Maryland Statutes › Environment › Title 13 - Well Drillers › Subtitle 1 - Definitions; General Provisions › Section 13-102 - Scope of Title

(a)    This title does not limit the right of an individual to practice a health occupation that the individual is authorized to practice under this article or the Health – General Article.
(b)    This title does not limit the right of an individual to install or repair a water pump, a water tank, or water conditioning equipment if the individual is authorized to provide plumbing services as a master plumber in the State.
2023 Maryland Statutes › Environment › Title 13 - Well Drillers › Subtitle 2 - State Board of Well Drillers › Section 13-202 - Membership

(a)    (1)    The Board consists of seven members appointed by the Governor with the advice of the Secretary and the advice and consent of the Senate.
(2)    Of the seven Board members:
(i)    One shall be from the Department of the Environment;
(ii)    One shall be from the Department of Natural Resources;
(iii)    One shall be a public member; and
(iv)    Four shall be licensed master well drillers who are actively practicing well drilling at the time of appointment and shall include:
1.    One from Caroline, Cecil, Dorchester, Kent, Queen Anne’s, Somerset, Talbot, Wicomico, or Worcester county;
2.    One from Baltimore City or Baltimore, Carroll, Harford, Howard, or Montgomery county;
3.    One from Anne Arundel, Calvert, Charles, Prince George’s, or St. Mary’s county; and
4.    One from Allegany, Frederick, Garrett, or Washington county.
(b)    Before taking office, each appointee to the Board shall take the oath required by Article I, § 9 of the Maryland Constitution.
(c)    (1)    The term of a member is 2 years.
(2)    At the end of a term, a member continues to serve until a successor is appointed and qualifies.
(3)    A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
(d)    The Governor may remove a member for incompetence or misconduct.
2023 Maryland Statutes › Environment › Title 13 - Well Drillers › Subtitle 2 - State Board of Well Drillers › Section 13-204 - Executive Director

(a)    (1)    With the approval of the Secretary, the Board may employ and discharge an executive director.
(2)    The executive director is entitled to compensation in accordance with the State budget.
(b)    (1)    The executive director shall have a broad knowledge of well drilling.
(2)    The executive director shall devote the time that is necessary to fulfill the duties of the office and may not hold any position or engage in another business that interferes or appears to be inconsistent with the position of executive director.
2023 Maryland Statutes › Environment › Title 13 - Well Drillers › Subtitle 2 - State Board of Well Drillers › Section 13-205 - Meetings; Compensation; Staff

(a)    The Board shall determine the times and places of its meetings.
(b)    Each member of the Board is entitled to:
(1)    Compensation in accordance with the State budget unless the member otherwise is a public official; and
(2)    Reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
(c)    (1)    With the approval of the Secretary, the Board may employ a Board secretary and other staff.
(2)    The Board secretary and other staff are entitled to compensation in accordance with the State budget.
2023 Maryland Statutes › Environment › Title 13 - Well Drillers › Subtitle 2 - State Board of Well Drillers › Section 13-206 - Miscellaneous Powers and Duties

(a)    In addition to the powers set forth elsewhere in this title, the Board may adopt regulations to carry out the provisions of this title.
(b)    In addition to the duties set forth elsewhere in this title, the Board shall:
(1)    Carry out the provisions of this title;
(2)    Review and comment on proposed regulations that relate to well system equipment and the construction of wells that are submitted to it before adoption by the Secretary;
(3)    Collect and account for any funds received under this title;
(4)    Keep a record of:
(i)    Each license that it issues; and
(ii)    Each action it takes under § 13-310 of this title;
(5)    Require any person who practices well drilling to be covered in accordance with its regulations by a reasonable performance bond and reasonable contractor’s liability insurance; and
(6)    Have an official seal.
(c)    On complaint or on its own motion, the Board may investigate allegations of practicing well drilling without a license.
2023 Maryland Statutes › Environment › Title 13 - Well Drillers › Subtitle 2 - State Board of Well Drillers › Section 13-207 - Establishment of Fees; Disposition of Funds

(a)    Subject to subsection (b) of this section, the Board:
(1)    Shall set reasonable fees necessary to carry out its responsibilities under this title; and
(2)    May set fees for the issuance and renewal of licenses according to class of license.
(b)    The fees established by the Board under subsection (a) of this section shall be set in a manner that will produce funds sufficient to cover the actual direct and indirect costs of regulating the well drilling industry in accordance with the provisions of this title.
(c)    The Board shall pay any fee collected under this title into the General Fund of the State.
2023 Maryland Statutes › Environment › Title 13 - Well Drillers › Subtitle 3 - Licensing › Section 13-301 - Licensing Required; Temporary Dewatering Devices

(a)    Except as otherwise provided in this title, a person shall be licensed by the Board before the person may practice well drilling in this State.
(b)    A person who has not been licensed by the Board may, after having notified the county board of health, 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 13 - Well Drillers › Subtitle 3 - Licensing › Section 13-302 - Qualifications of Applicants

(a)    The Board shall adopt rules and regulations for the qualifications of applicants.
(b)    Except as otherwise provided in this title, to qualify for a license, an applicant shall meet any reasonable qualifications or requirements that the Board establishes for license applicants.
2023 Maryland Statutes › Environment › Title 13 - Well Drillers › Subtitle 3 - Licensing › Section 13-304 - Examinations

(a)    If the Board requires an examination, an applicant who otherwise qualifies for a license is entitled to be examined for that license as provided in this section.
(b)    The Board shall give any examination that it requires to applicants at the times and places that the Board determines.
(c)    The Board shall notify each qualified applicant of the time and place of examination.
(d)    (1)    The Board shall determine the subjects, scope, form, and passing score for examinations given under this subtitle.
(2)    The Board may supplement a written examination given under this section with an oral or practical examination.
2023 Maryland Statutes › Environment › Title 13 - Well Drillers › Subtitle 3 - Licensing › Section 13-305 - Reciprocal Waiver of Examination and Fee

(a)    Subject to the provisions of this section, the Board may make a reciprocal agreement with any other state to waive any examination or fee requirement of this title for an applicant who is licensed to practice well drilling in that state.
(b)    An agreement made under this section may allow the Board to grant a waiver only if the applicant provides adequate evidence that the applicant:
(1)    Meets the qualifications or requirements established by the Board under this title; and
(2)    Became licensed in the other state after passing in that or any other state an examination that is similar to any required examination for which the applicant is seeking the waiver.
(c)    An agreement may be made under this section only if, under the agreement, the other state waives the examination or fee requirement of licensees of this State to a similar extent as this State waives the examination or fee requirements for individuals licensed in that state.
2023 Maryland Statutes › Environment › Title 13 - Well Drillers › Subtitle 3 - Licensing › Section 13-306 - Issuance; Types, Categories, and Classes; Educational Experience

(a)    The Board shall issue an appropriate license to any applicant who:
(1)    Meets the requirements of this title;
(2)    Pays the required fee; and
(3)    Provides evidence of any performance bond and contractor’s liability insurance that the Board may require.
(b)    (1)    In accordance with its rules and regulations, the Board shall issue well driller licenses and restricted licenses.
(2)    (i)    There are 3 categories of well driller licenses:
1.    Well driller general;
2.    Well driller–geotechnical; and
3.    Well driller–water supply.
(ii)    A well driller license may be limited to the drilling of wells for particular purposes.
(3)    There are 3 categories of restricted licenses:
(i)    Water conditioner installer;
(ii)    Water pump installer; and
(iii)    Well rig operator.
(c)    (1)    There is a master class license and a journeyman class license in each category of well driller license.
(2)    There is an apprentice class well driller license which shall serve as:
(i)    The apprentice license for all categories of well driller licenses; and
(ii)    The apprentice license for the well rig operator category of restricted license.
(3)    There is an apprentice class license in the following restricted license categories:
(i)    Water conditioner installer; and
(ii)    Water pump installer.
(4)    The Board shall designate on each license issued the category and, where applicable, the class of the license.
(d)    Until July 1, 1993, this title does not prohibit any master well driller licensed by the Board on July 1, 1990 from practicing well drilling while obtaining the education and experience required to be licensed under any one of the 3 categories of well driller licenses in this title.
(1)    The Board may waive the examination requirement of this title for any master well driller licensed by the Board on July 1, 1990 who provides to the Board satisfactory evidence that the licensee has:
(i)    Well driller–geotechnical – installed geotechnical wells during the past 7 years and obtained national certification as a monitoring well driller or completed a 40–hour training program dealing with hazardous waste or monitoring site operations required by the Occupational Safety and Health Administration;
(ii)    Well driller–water supply – installed 20 water supply wells during the past 7 years and acquired 10 of the 20 hours of continuing education required by § 13–308 of this subtitle in water conditioning and water pump technology; or
(iii)    Well driller–general – fulfilled the requirements of subparagraphs (i) and (ii) of this paragraph.
(2)    The Board shall adopt regulations to implement the provisions of this section.
2023 Maryland Statutes › Environment › Title 13 - Well Drillers › Subtitle 3 - Licensing › Section 13-307 - Scope of License

(a)    Each class of license authorizes the licensee to practice well drilling under the conditions set by the rules and regulations of the Board for that class of license while the license is effective.
(b)    A license does not permit a licensee to make any well for which the following permits have not been obtained from the Department, if required:
(1)    A permit to drill a well under § 9-1306 of this article; or
(2)    A water appropriation or use permit under § 5-502 of this article.
2023 Maryland Statutes › Environment › Title 13 - Well Drillers › Subtitle 3 - Licensing › Section 13-308 - Term and Renewal of Licenses

(a)    A license expires on the date set by the Board, unless the license is renewed for an additional term as provided in this section. A license may not be renewed for a term longer than 2 years.
(b)    At least 1 month before the license expires, the Board shall send to the licensee, by first–class mail to the last known address of the licensee, a renewal notice that states:
(1)    The date on which the current license expires;
(2)    The date by which the renewal application must be received by the Board for the renewal to be issued and mailed before the license expires; and
(3)    The amount of the renewal fee.
(c)    Before the license expires, the licensee periodically may renew it for an additional 2–year term if the licensee:
(1)    Otherwise is entitled to be licensed;
(2)    Pays to the Board a renewal fee set by the Board; and
(3)    Submits to the Board:
(i)    A renewal application on the form that the Board requires;
(ii)    Satisfactory evidence of compliance with the performance bond and contractor’s liability insurance requirements of the Board; and
(iii)    Satisfactory evidence of compliance with any continuing education requirement established under this subtitle for license renewal.
(d)    (1)    Beginning July 1, 1985, within the license renewal period, each licensee shall comply with the continuing education requirements of this section as a precondition for the renewal of that license.
(2)    A licensee shall complete 20 hours of approved continuing education instruction covering well drilling subject matter approved by the Board.
(3)    (i)    The Board shall approve the substance and form of each continuing education course, if the course is:
1.    Offered by qualified instructors experienced in the well drilling industry and approved by the Board; or
2.    Conducted by educational institutions approved by the Board.
(ii)    The licensee is responsible for the cost of any continuing education course.
(4)    The Board may waive the requirements of this subsection if a person can show just cause why that person is not able to meet the requirements.
(e)    The Board may not require a licensee who applies for a renewal of the license to take an examination.
(f)    The Board shall renew the license of each licensee who meets the requirements of this section.
2023 Maryland Statutes › Environment › Title 13 - Well Drillers › Subtitle 3 - Licensing › Section 13-309 - Temporary License

(a)    Subject to the provisions of this section, the Board shall issue a temporary license to an applicant who:
(1)    Demonstrates to the satisfaction of the Board that granting a temporary license to the applicant is in the public interest and does not pose a substantial risk of harm to the public health or welfare or the environment;
(2)    Meets the requirements of §§ 13-303 and 13-306 of this subtitle; and
(3)    Passes an examination on applicable Maryland well construction regulations.
(b)    While it is effective, a temporary license to practice well drilling authorizes the holder to practice well drilling subject to the same restrictions imposed on the holder of a license of the same category and class.
(c)    A temporary license expires at the first to occur of the following:
(1)    When the Board issues or refuses to issue a license under § 13-306 of this subtitle; or
(2)    On the expiration date that the Board designates on the temporary license.
2023 Maryland Statutes › Environment › Title 13 - Well Drillers › Subtitle 3 - Licensing › Section 13-310 - Denials, Reprimands, Suspensions, and Revocations

(a)    Subject to the hearing provisions of § 13-311 of this subtitle, the Board shall suspend or revoke a license if the licensee:
(1)    Fraudulently or deceptively obtains or attempts to obtain a license for the licensee or for another;
(2)    Fraudulently or deceptively uses a license; or
(3)    Is guilty of gross negligence, incompetence, or misconduct while practicing well drilling.
(b)    Subject to the hearing provisions of § 13-311 of this subtitle, the Board may deny a license to any applicant on any of the grounds specified in subsection (a) of this section.
(c)    Subject to the hearing provisions of § 13-311 of this subtitle, the Board may deny a license to any applicant, reprimand a licensee, or suspend or revoke a license if the Board finds that the applicant or licensee:
(1)    Has violated any law, rule, or regulation that applies to practicing well drilling; or
(2)    Has been disciplined by a licensing or disciplinary authority of any other state or county, or been convicted or disciplined by a court of any state or county, for an act that would be grounds for disciplinary actions under this subtitle.
2023 Maryland Statutes › Environment › Title 13 - Well Drillers › Subtitle 3 - Licensing › Section 13-311 - Denials, Reprimands, Suspensions, and Revocations -- Hearings

(a)    Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under § 13–310 of this subtitle or § 13–506 of this title, it shall give the person 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 the Administrative Procedure Act.
(c)    The hearing notice shall be served in accordance with § 1–204 of this article at least 30 days before the hearing.
(d)    The person may be represented at the hearing by counsel.
(e)    The Board may issue subpoenas and administer oaths in connection with any proceeding under this section.
(f)    If after due notice the person against whom the action is contemplated fails or refuses to appear, nevertheless the Board may hear and determine the matter.
2023 Maryland Statutes › Environment › Title 13 - Well Drillers › Subtitle 3 - Licensing › Section 13-312 - Judicial Review

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 13 - Well Drillers › Subtitle 4 - Miscellaneous › Section 13-403 - Injunctive Relief

(a)    At the request of the Board or the Department, the Attorney General shall bring an action for an injunction against any person who violates any provision of this title or any order or permit issued by the Board or the Department under this title.
(b)    In any action for an injunction under this section, any finding of the Board after a hearing is prima facie evidence of each fact the Board determines.
(c)    On a showing that any person is violating or is about to violate any order or permit issued by the Board or the Department, a court shall grant an injunction without requiring a showing of a lack of an adequate remedy at law.
(d)    If an emergency exists that creates imminent danger to the public health or welfare or the environment, the Attorney General at the request of the Board or the Department may institute a civil action for an immediate injunction to stop any pollution or other activity that is causing the danger.
2023 Maryland Statutes › Environment › Title 13 - Well Drillers › Subtitle 5 - Prohibited Acts; Penalties › Section 13-505 - Penalties -- Misdemeanor; Fines

(a)    A person who violates any provision of this title or of any regulation adopted under this title 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 practices well drilling without a license constitutes a separate offense.
2023 Maryland Statutes › Environment › Title 13 - Well Drillers › Subtitle 5 - Prohibited Acts; Penalties › Section 13-506 - Penalties -- Civil Penalties

(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 § 13-501 or § 13-502 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 General Fund of the State.
2023 Maryland Statutes › Environment › Title 13 - Well Drillers › Subtitle 6 - Short Title; Termination of Title › Section 13-602 - Termination of Title

Subject to the Program Evaluation Act, the provisions of this title and all rules and regulations adopted under this title creating the State Board of Well Drillers and relating to the regulation of well drillers are of no effect and may not be enforced after July 1, 2031.
2023 Maryland Statutes › Environment › Title 14 - Gas and Oil › Subtitle 1 - In General › Section 14-101 - Legislative Findings

The General Assembly finds and declares that the production and development of oil and gas resources is important to the economic well-being of the State and the nation. The drilling and production of oil and gas should be conducted in a manner that will minimize their effects on the surrounding environment. Furthermore, proper evaluation of a project and the use of the most environmentally sound drilling and production methods are necessary to prevent adverse environmental consequences that would be detrimental to the general welfare, health, safety, and property interests of the citizens of the State. In addition, there are certain circumstances where oil and gas exploration or production should be prohibited, such as when these operations will have a significant adverse effect on the environment. The General Assembly finds that the conduct of exploration or production of oil and gas resources under this subtitle will allow the safe utilization of the State’s natural resources and will provide for the protection of the State’s environment.
2023 Maryland Statutes › Environment › Title 14 - Gas and Oil › Subtitle 1 - In General › Section 14-102 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Coalbed methane” means methane and any other gaseous substance occurring in or produced from a coal seam or related, associated, or adjacent rock materials.
(c)    “County” includes Baltimore City unless otherwise indicated.
(d)    “Department” means the Department of the Environment.
(e)    “Field” means the general area underlaid by one or more pools.
(f)    “Fund” means the Oil and Gas Fund.
(g)    “Gas” means all natural gas and other fluid hydrocarbons, not defined as oil, which are produced from a natural reservoir.
(h)    “Oil” means crude petroleum oil and other hydrocarbons, regardless of gravity, which are produced at the wellhead in liquid form, except liquid hydrocarbons known as distillate or condensate recovered or extracted from gas.
(i)    “Owner” means the person who has the right to drill into and produce from a pool, or to store in a pool, and appropriate the oil or gas the person produces or stores either for the person or others.
(j)    “Person” means any individual, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, or other representative of any kind.
(k)    “Pool” means an underground reservoir containing a common accumulation of oil, gas, or both.
(l)    “Producer” means the owner of a well capable of producing oil, gas, or both.
(m)    “Product” means any commodity produced in its natural state by an oil or gas well.
(n)    (1)    “Production” means the act or process of producing oil or gas from a natural reservoir.
(2)    “Production” does not include the sale or distribution of oil or gas.
(o)    (1)    “Underground storage” means the storing of gas or oil in a geological stratum beneath the surface of the earth.
(2)    “Underground storage” includes the injection of gas or oil into and withdrawal from an underground storage reservoir and any other operation necessary for or convenient to the storage of gas or of oil.
(p)    “Underground storage reservoir” means the stratum and subsurface area that are used or are to be used for or in connection with the underground storage of gas or of oil.
2023 Maryland Statutes › Environment › Title 14 - Gas and Oil › Subtitle 1 - In General › Section 14-104 - Drilling Well and Disposing of Well's Products -- Permit Required; Environmental Assessment

(a)    A person may not drill any well for the exploration, production, or underground storage of gas or oil in the State without obtaining a permit from the Department of the Environment under the terms and conditions and on the forms the Department prescribes.
(b)    (1)    The Department shall require an applicant to submit an environmental assessment for the purpose of evaluating an application.
(2)    The Department shall coordinate with the Department of Natural Resources in its evaluation of the environmental assessment.
(c)    The permit serves as the permit required under the provisions of Title 9, Subtitle 13 of this article, dealing with well drillers.
(d)    A person may not dispose of any product of a gas or oil well without the necessary permits issued by the Department.
2023 Maryland Statutes › Environment › Title 14 - Gas and Oil › Subtitle 1 - In General › Section 14-105 - Drilling Well and Disposing of Well's Products -- Application for Permit

(a)    (1)    An applicant for a permit to drill a well under § 14–104 of this subtitle shall submit an application in a manner satisfactory to the Department.
(2)    The application for a permit to drill a well under § 14–104 of this subtitle and each application for a permit renewal shall include a closure cost estimate for the proper sealing and plugging of the gas or oil well and reclamation of the site.
(b)    The Department shall establish and collect fees for:
(1)    The issuance of a permit to drill a well under § 14–104 of this subtitle;
(2)    The renewal of a permit to drill a well under § 14–104 of this subtitle; and
(3)    The production of oil and gas wells installed after October 1, 2010.
(c)    The fees imposed under subsection (b) of this section shall be set by the Department at the rate necessary to implement the purposes set forth in § 14–123 of this subtitle.
(d)    In any fiscal year, if the fee schedule established by the Department generates revenue that exceeds the amount necessary to operate a regulatory program to oversee the drilling of oil and gas wells, the Department shall reduce the fees in the following fiscal year.
(e)    The fees collected by the Department under this section shall be deposited in the Oil and Gas Fund established under § 14–122 of this subtitle.
(f)    The Department shall provide public notice, public informational hearings, and judicial review in accordance with the provisions of § 5–204 of this article.
2023 Maryland Statutes › Environment › Title 14 - Gas and Oil › Subtitle 1 - In General › Section 14-106 - Drilling Well and Disposing of Well's Products -- Bifurcation of Process

(a)    The Department may bifurcate an application to drill for oil or gas when the drilling will be conducted in geologic formations not yet proven to be productive.
(b)    If the Department bifurcates the permit process it may issue a permit for exploration only. Production may not commence until the environmental assessment required by § 14–104 of this subtitle has been completed and approved by the Department and the Department has issued a permit for production. An additional opportunity for a public hearing shall be provided in accordance with § 14–105(f) of this subtitle prior to the issuance of any permit for production.
(c)    If the Department bifurcates the permit process, the environmental assessment required under § 14–104 of this subtitle may also be bifurcated to address separately environmental issues associated with exploration and production. However, prior to granting a permit to conduct exploratory drilling in the coastal plain, the Department shall require the applicant to submit an environmental assessment that contains general information regarding the environmental impacts of possible production, including the potential effects of transporting and storing oil or gas and the potential adverse environmental impacts that may arise due to the environmental characteristics of the drilling site.
2023 Maryland Statutes › Environment › Title 14 - Gas and Oil › Subtitle 1 - In General › Section 14-107 - Drilling Well and Disposing of Well's Products -- Chesapeake Bay or Tributaries; Chesapeake Bay Critical Area

Notwithstanding any other law, a person may not drill for oil or gas in the waters of the Chesapeake Bay, any of its tributaries, or in the Chesapeake Bay Critical Area.
2023 Maryland Statutes › Environment › Title 14 - Gas and Oil › Subtitle 1 - In General › Section 14-107.1 - Hydraulic Fracturing Prohibited

(a)    In this section, “hydraulic fracturing” means a stimulation treatment performed on oil and natural gas wells in low–permeability oil or natural gas reservoirs through which specially engineered fluids are pumped at high pressure and rate into the reservoir interval to be treated, causing fractures to open.
(b)    A person may not engage in the hydraulic fracturing of a well for the exploration or production of oil or natural gas in the State.
2023 Maryland Statutes › Environment › Title 14 - Gas and Oil › Subtitle 1 - In General › Section 14-108 - Drilling Well and Disposing of Well's Products -- Denial of Permit

The Department shall deny the permit if the Department determines that:
(1)    The proposed operation shall violate a requirement of this subtitle or a regulation adopted under this subtitle;
(2)    The proposed drilling or well operation poses a substantial threat to public safety or a risk of significant adverse environmental impact to, but not limited to, the following:
(i)    The Chesapeake Bay;
(ii)    The Chesapeake Bay Critical Area;
(iii)    Tidal or nontidal wetlands;
(iv)    Endangered or threatened species, species in need of conservation, or the habitat of any of them;
(v)    Historic properties under § 5A–326 of the State Finance and Procurement Article;
(vi)    Populated areas;
(vii)    Freshwater, estuarine, or marine fisheries; or
(viii)    Other significant natural resources;
(3)    The applicant has failed to receive applicable permits or approvals for the operation from all State and local regulatory units responsible for air and water pollution, sediment control, and zoning;
(4)    The operation will constitute a significant physical hazard to a neighboring dwelling unit, school, church, hospital, commercial or industrial building, public road, or other public or private property in existence at the time of the application for the permit;
(5)    The operation will have a significant adverse effect on the uses of a publicly owned park, forest, or recreation area in existence at the time of the application for the permit; or
(6)    The applicant has not corrected any violations committed by the applicant under any prior permit.
2023 Maryland Statutes › Environment › Title 14 - Gas and Oil › Subtitle 1 - In General › Section 14-109 - Seismic Operations; Permit Required; Use of Explosives

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Explosives” means normal commercial explosives, blasting agents, and detonators.
(3)    “Seismic operations” means the controlled application of vibratory energy from any source to determine if favorable conditions exist for the subsurface entrapment of oil or gas.
(4)    “Seismic section” means a graphic, near-vertical display of waveform data that is usually processed by a computer program to facilitate the interpretation of subsurface conditions.
(b)    (1)    Unless a person obtains a permit from the Department, a person may not conduct seismic operations in the State.
(2)    An applicant for a permit to conduct seismic operations shall submit an application that includes the information required by the Department.
(3)    (i)    In addition to any other information required by the Department, an applicant for a permit to conduct seismic operations on the waters of the Chesapeake Bay and its navigable tributaries shall provide to the Department a written agreement to submit to the Department processed seismic sections for any operation conducted on the waters of the Chesapeake Bay and its navigable tributaries.
(ii)    The Department shall hold processed seismic sections submitted under this subsection confidential.
(4)    The Department shall determine the terms and conditions for the issuance of a permit to conduct seismic operations.
(5)    An applicant for a permit to conduct seismic operations shall demonstrate evidence of sufficient liability insurance coverage, in an amount determined by the Department, for any personal injury or property damage resulting from a seismic operation.
(6)    The Department may deny an application for a permit if:
(i)    The applicant does not submit the information required by the Department;
(ii)    The proposed activity poses a substantial risk of causing environmental damage that cannot be mitigated by the applicant, particularly to:
1.    The Chesapeake Bay;
2.    The Chesapeake Bay Critical Area;
3.    A nontidal wetland;
4.    An endangered or threatened species or the habitat of any of these species;
5.    A designated archaeological site; or
6.    A populated area; or
(iii)    The proposed operation will violate regulations adopted by the Department in accordance with this section.
(7)    If the Department decides to deny the permit, the notification of denial shall state the reason, any modification necessary for approval of the application, and the rights of the applicant to appeal the decision as provided in Title 10, Subtitle 2 of the State Government Article.
(c)    A person may not use explosives in seismic operations conducted on the waters of the Chesapeake Bay and its tributaries.
(d)    A person may use explosives in seismic operations conducted on land if the person complies with the requirements for the use of explosives established by the Department.
2023 Maryland Statutes › Environment › Title 14 - Gas and Oil › Subtitle 1 - In General › Section 14-110 - Conditions on Permits

(a)    (1)    A permit shall be expressly conditioned upon compliance with all requirements of this subtitle and any regulations adopted under this subtitle.
(2)    The Department may place in a permit conditions which the Department deems reasonable and appropriate to assure that the operation shall fully comply with the requirements of this subtitle, and provide for public safety and the protection of the State’s natural resources.
(b)    Violation of a permit condition is a violation of this subtitle subject to enforcement and penalties under this subtitle.
2023 Maryland Statutes › Environment › Title 14 - Gas and Oil › Subtitle 1 - In General › Section 14-110.1 - Presumptive Impact Areas Around Gas Wells

(a)    In this section, “water supply” means a source of water used for drinking or other domestic purpose or for agriculture, including livestock.
(b)    For each permit the Department issues under this subtitle to drill a well for the exploration or production of gas in deep shale deposits, there is a presumptive impact area around the gas well in which it is presumed that contamination of a water supply was caused by the activities of gas exploration or production.
(c)    The presumptive impact area shall be in effect:
(1)    Within a radius of 2,500 feet from the vertical wellbore; and
(2)    For 365 days after the last event of well drilling, completion, or hydraulic fracturing.
(d)    Within a presumptive impact area established under subsections (b) and (c) of this section, the permittee shall replace, at no expense to an owner of real property in the presumptive impact area, a water supply that is contaminated as a result of the permittee’s drilling or operation of the gas well.
(e)    A water supply within a presumptive impact area that no longer yields potable water as a result of the drilling or operation of a gas well shall be considered to be replaced adequately by a permittee if the permittee provides for the affected property owner a new or retrofitted well or other alternative water supply that is capable of yielding potable water equal to the volume used or needed by the property owner before the contamination of the water supply.
(f)    The permittee and the property owner may agree on monetary compensation or other mitigation instead of restoration.
(g)    The Department may not require a permittee to replace a water supply or compensate a property owner, as provided in this section, if the permittee demonstrates to the Department by a preponderance of the evidence that:
(1)    The contamination is not the result of activities relating to the gas well; or
(2)    The contamination existed before the commencement of activities allowed by the permit and was not worsened by those activities.
(h)    The Department may adopt regulations to implement this section.
(i)    The presumption of causation established under this section does not apply to contamination of a water supply if:
(1)    The permit applicant requests the permission of the property owner to sample and test the water supply before commencement of activities and to provide the property owner with a complete copy of the test results; and
(2)    The property owner refuses permission.
(j)    This section may not be construed to affect any common law remedies available to a property owner.
(k)    (1)    The presumption of causation established under this section shall apply in:
(i)    A proceeding for judicial review under § 14–117 of this subtitle;
(ii)    An action for an injunction under § 14–118 of this subtitle; or
(iii)    A civil action for damages or equitable relief brought by a property owner against a permittee.
(2)    The presumption may be rebutted by a preponderance of the evidence.
2023 Maryland Statutes › Environment › Title 14 - Gas and Oil › Subtitle 1 - In General › Section 14-112 - Location of Wells

(a)    (1)    Except as provided in paragraph (2) of this subsection, a well for the production or underground storage of gas or oil may not be drilled on any property nearer than 1,000 feet to the boundary of the property except by agreement with the owners of the gas and oil on adjacent lands.
(2)    A well for the production of coalbed methane may not be drilled on any property nearer than 500 feet to the boundary of the property except by agreement with the owners of coalbed methane on adjacent lands.
(b)    On property on which it is impossible to locate a well the required minimum distance from the boundary, and where no agreement with the owners of the gas and oil or coalbed methane on adjacent lands has been made, a well may be located nearer than the required minimum distance under subsection (a) of this section to the boundary with the consent of the Department. However, when any permit to drill a well nearer than the required minimum distance to the boundary has been applied for, the Department shall notify every landowner, royalty owner, or leaseholder within the required minimum distance of the location of the proposed well, giving them a reasonable opportunity to file objections to the issuance of the permit. The Department then shall hold a hearing. If the Department determines that it is necessary for the well to be located nearer than the required minimum distance to the boundary, it may issue the permit. If a permit is issued, any landowner, royalty owner, or leaseholder within the required minimum distance of the proposed well has the right to a rehearing and appeal to the courts provided in this subtitle. A request for a rehearing or an appeal to the courts stays the authority granted under the permit until final determination of the issued permit is made.
(c)    The Department, by rule or regulation, shall prescribe the distance between any two wells on any property.
2023 Maryland Statutes › Environment › Title 14 - Gas and Oil › Subtitle 1 - In General › Section 14-113 - Payment of Royalties When Leased Land Included Under Unit Agreement

On completion of a well producing gas or oil on any leased lands included under a unit operation agreement, royalties from the producing well shall be paid on all lands originally included within the unit operation agreement. Within six months after the completion of the producing well, the lands within the unit operation agreement not included as “in pool” acreage and on which no royalties are payable, shall be released, unless the owner of the lands has otherwise agreed in writing. This section does not extend to any leases and unit operation agreements in effect on June 1, 1956.
2023 Maryland Statutes › Environment › Title 14 - Gas and Oil › Subtitle 1 - In General › Section 14-114 - Rules, Regulations, and Orders of Department

(a)    Except in an emergency, a rule, regulation, order, or amendment may not be made by the Department without a public hearing upon at least ten days’ notice. The public hearing shall be held at the time and place prescribed by the Department. Any interested person is entitled to be heard by the Department.
(b)    When an emergency requiring immediate action exists, the Department is authorized to issue an emergency order without notice or hearing. An emergency order takes effect upon promulgation. An emergency order may not remain effective for more than 15 days.
(c)    All rules, regulations, and orders issued by the Department shall be in writing, entered and indexed in books kept by the Department as public documents open for inspection during normal office hours. A copy of any rule, regulation, or order certified by the Secretary of the Department or the Secretary’s designee shall be received in evidence in all courts with the same effect as the original.
(d)    The Department may act either upon its own motion or the petition of any interested person. On the filing of a petition concerning any matter within its jurisdiction, it shall promptly fix a date for a hearing and cause notice of the hearing to be given. The hearing shall be held promptly after the filing of the petition. If the hearing relates to the issuance of a permit for or with respect to a specific well, it shall be held in the county or municipal corporation where the well is located. The Department shall enter its order within ten days after the hearing.
2023 Maryland Statutes › Environment › Title 14 - Gas and Oil › Subtitle 1 - In General › Section 14-115 - Subpoenas

(a)    The Department may summon witnesses, administer oaths, and require the production of records, books, and documents for examination at any hearing or investigation it conducts.
(b)    If any person fails or refuses to comply with a subpoena issued by the Department, or if any witness refuses to testify as to any matter regarding which the witness may be interrogated, any court of competent jurisdiction, upon the application of the Department, may issue an attachment for the person and compel the person to comply with the subpoena, and appear before the Department and produce records, books, and documents for examination and give testimony. If a person disobeys a subpoena or refuses to testify, the court may punish the person for contempt.