A013-9900
10 AN ACT CONCERNING
20 Water Resources Protection Act
30 FOR the purpose of requiring counties to describe in their county water and sewer plans, by a
40 certain date, certain areas of special concern in which nitrogen removal technology is
50 required under certain circumstances; requiring the Department of the Environment to
60 adopt rules and regulations that require the installation of nitrogen removal technology on
70 individual sewage disposal systems under certain circumstances; requiring the
80 Department to propose certain regulations regarding on-site sewage disposal systems;
90 providing for a tax credit for the cost of purchasing and installing nitrogen removal
100 technology under certain circumstances; public information services; requiring certain
110 reports by certain dates; specifying that this Act does not affect or should not be
120 misinterpreted as affecting certain existing requirements applicable to subdivisions;
130 defining certain terms; and generally relating to sewerage systems.
140 BY repealing and reenacting, with amendments
150 Article - Environment Section 9-501. 9-505, and 9-510
160 Annotated Code of Maryland
170 (1996 Replacement Volume and 1999 Supplement)
180 BY adding to
190 Article - Tax - General
200 Section 10-706
210 Annotated Code of Maryland
220 (1997 Replacement Volume and 199 Supplement)
230 BY repealing and reenacting, with amendments,
240 Article -Tax -General
250 Section 10-706
260 Annotated Code of Maryland
270 (1997 Replacement Volume and 199 Supplement)
280 SECTION 1. BE IT ENACTED BY THE MARYLAND STUDENT LEGISLATURE, That
290 the Laws of Maryland read as follows:
300 Article - Environment
310 9-501
320 (a) In this subtitle the following words have the meanings indicated.
330 (B) "AREAS OF SPECIAL CONCERN" MEANS THE FOLLOWING:
340 (1) AREAS OF FAILING ON-SITE SEWAGE DISPOSAL SYSTEMS:
350 (2) DRINKING WATER SUPPLY AREAS, INCLUDING:
360 (I) WELLHEAD PROTECTION AREAS
370 (II) RESERVOIR PROTECTION AREAS; AND
380 (III) AQUIFER RECHARGE AREAS
390 (3) CHESAPEAKE BAY CRITICAL AREAS, AS DEFINED IN ¤ 8-1907 OF
400 39 THE NATURAL RESOURCES ARTICLE;
410 (4) SOILS WITH HIGH NITROGEN EXPORT POTENTIAL
420 (5) KARST OR CARBONATE GEOLOGIC AREAS;
430 (6) COASTAL BAYS WATERSHEDS;
440 (7) AREAS OF GROUNDWATER AND SURFACE WATER WITH
450 DOCUMENTED CONTAMINATION FROM NITROGEN; AND
460 (8) ANY OTHER AREAS IDENTIFIED AND DOCUMENTED
470 45 SCIENTIFICALLY BY LOCAL OFFICIALS AS REQUIRING THE USE
480 OF NITROGEN REMOVAL TECHNOLOGY.
490 [(b)] (C) "Community sewerage system" means a publicity or privately owned sewerage
500 system that serves at least 2 lots.
510 [(c)] (D) "Community water supply system" means a water supply system that serves at
520 least 2 lots.
530 [(d)] (E) (1) "County plan" means a comprehensive plan for adequately providing
540 throughout the country, including all towns, municipal corporations,
550 and sanitary districts in the county, the following facilities and services
560 by public or private ownership:
570 (i) Water supply systems;
580 (ii) Sewerage systems;
590 (iii) Solid waste disposal systems;
600 (iv) Solid waste acceptance facilities; and
610 (v) Systematic collection and disposal of solid waste, including
620 litter.
630 (2) "Country plan" includes a revised or amended county plan.
640 [(e)] (F) "Individual sewerage system" means a sewerage system that supplies
650 water to only 1 lot.
660 [(f)] (G) " Individual water supply system" means a water supply system that supplies
670 water to only 1 lot.
680 [(g)] (H) "Litter" means any:
690 (1) Waste material;
700 (2) Refuse;
710 (3) Garbage;
720 (4) Trash;
730 (5) Debris;
740 (6) Dead Animal; or
750 (7) Other discarded material.
760 [(h)] (I) "Lot" means a parcel of land, including a past of a subdivision, that:
770 (1) Is used or is intended to be used as a building site; and
780 (2) Is not intended to be further subdivided.
790 [(i)] (J) "Mulituse sewerage system" means a sewerage system that:
800 (1) Serves only 1 lot;
810 (2) Serves a number of individuals;
820 (3) Has a treatment capacity of more than 5,000 gallons a day; and
830 (4) Is not publicly owned or operated.
840 [(j)] (K) "Mulituse water supply system" means an individual water supply system that:
850 (1) Has the capacity to supply more than 5,000 gallons of water a day; and
860 (2) Serves a number of individuals.
870 [(k)] (L) (1) "Proposed Country Plan" means a county plan that:
880 (1) Has been adopted by the county governing body; and
890 (2) Has not been approved by the Department.
900 (2) "Proposed county plan" includes any proposed amendment or revision
910 of the county plan.
920 (M) "NITROGEN REMOVAL TECHNOLOGY" MEANS A SYSTEM
930 APPROVED BY THE DEPARTMENT CAPABLE OF RELIABLY
940 ACHIEVING A NITROGEN REMOVAL EFFICIENCY OF 60% OR
950 HIGHER.
960 (N) "ON-SITE SEWAGE DISPOSAL SYSTEMS' MEAN AN INDIVIDUAL
970 SEWERAGE SYSTEM, MULTI-USE SEWERAGE SYSTEM, OR SHARED
980 FACILITY PROVIDING SEWERAGE SERVICE.
990 [(l)] (O) "Sewage" means any human or animal excretion, street wash, domestic waste,
1000 or industrial waste.
1010 [(m)] (P) (1) "Sewerage system" means:
1020 (1) The channels used or intended to be used to collect and
1030 dispose of sewage; and
1040 (2) Any structure and appurtenance used or intended to be used to
1050 collect 100 or prepare sewage by the sewerage system.
1060 (2) "Sewerage system" includes any sewer of any size
1070 (3) "Sewerage system" does not include the plumbing system inside any
1080 building served by the sewerage system.
1090 (Q) "SHARED FACULITY" MEANS A WATER OR SEWERAGE SYSTEM
1100 WHICH SERVES MORE THAN ONE LOT OF LAND OR MORE THAN
1110 ONE USER ON A SINGLE LOT OF LAND, WITH WATER OR SEWERAGE
1120 SYSTEMS LOCATED ON THE INDIVIDUALS LOTS OR ON PARCELS
1130 OWNED IN COMMON BY THE USERS OR THE CONTROLLING
1140 AUTHORITY.
1150 [(n)] (R) "Solid waste acceptance facility" means any sanitary landfill, incinerator,
1160 transfer station, or plant whose primary purpose is to dispose of, treat, or process
1170 solid waste.
1180 [(o)] (S) (1) "Solid waste disposal system" means any publicly or privately owned
1190 system that:
1200 (i) Provides a scheduled or systematic collection of solid waste;
1210 (ii) Transports the solid waste to a solid waste acceptance facility;
1220 and;
1230 (iii) Treats or otherwise disposes of the solid waste at the solid
1240 waste acceptance facility.
1250 (2) "Solid waste disposal system" includes each solid waste acceptance
1260 facility that is used in connection with the solid waste disposal system.
1270 [(p)] (T) (1) "Subdivision" means any division of a tract or parcel of land into at
1280 least 2 lots, for the purpose of sale or building development.
1290 (2) "Subdivision" does not include any division of land into parcels of
1300 more than 3 acres, if the division:
1310 (i) Is for agricultural purposes; and
1320 (ii) Does not involve any new street or easement of access.
1330 [(q)] (U) (1) "Water supply system" means a publicly or privately owned or
1340 operated:
1350 (i) Source and the surrounding area from which water is supplied
1360 for drinking or domestic purposes; and
1370 (ii) Structure, channel, or appurtenance used or intended to be
1380 used to prepare water for use or deliver water to a consumer
1390 (2) "Water Supply System" does not include the plumbing system inside
1400 any building that is served by the water supply system.
1410 9-505
1420 (a) In addition to the other requirements of this subtitle, each county plan shall:
1430 (1) Provide for the orderly expansion and extension of the following systems in a
1440 manner consistent with all county and local comprehensive plans prepared under
1450 ¤ 3.05 of Article 66B, ¤ 5(X) of Article 25A, ¤ 13 of Article 25B, and ¤ 7-108 of
1460 Article 28 of the Code:
1470 (i) Community water supply systems and multi-use water supply systems;
1480 (ii) Community sewerage systems and multi-use sewerage systems; and
1490 (iii) solid waste disposal systems and solid waste acceptance facilities;
1500 (2) Provide for the sizing and staging of facilities construction that is consistent with
1510 the county plan;
1520 (3) Show compliance with paragraphs (1) and (2) of this subsection by using
1530 graphic and tabular information;
1540 (4) Provide:
1550 (i) For sewage treatment facilities that are adequate to prevent the
1560 discharge of any inadequately treated sewage or other liquid waste into
1570 any waters;
1580 (ii) Otherwise for safe and sanitary treatment of sewage and other liquid
1590 waste;
1600 (5) Provide for facilities that are adequate to treat, recover, or dispose of solid waste
1610 in a manner that is consistent with the laws of this State and that relate to air
1620 pollution, water pollution, and land use.
1630 (6) Contain adequate information about:
1640 (i) The existing sewage treatment capacity in each drainage basin or
1650 sewage treatment plant service are in the county;
1660 (ii) The present level of use of sewage treatment plants in each drainage
1670 basin; and
1680 (iii) Projections for use of sewage treatment plant capacity based on:
1690 (1) Outstanding building permits and subdivision plats if the
1700 county had subdivision authority;
1710 (2) Zoning commitments if the county does not have subdivision
1720 authority;
1730 (7) Taking into account all relevant planning, zoning, population, engineering, and
1740 economic information and all state, regional, municipal, and local plans,
1750 describe, with all practical precision, those parts of the county that reasonably
1760 may be expected to be served in the next 10 years by any:
1770 (i) Community water supply system;
1780 (ii) Multi-use water supply system
1790 (iii) Community sewerage system;
1800 (iv) Multi-use sewerage system;
1810 (v) Solid waste disposal system; and
1820 (vi) Solid waste acceptance facility;
1830 (8) Set procedures for identifying and acquiring, on a time schedule that conforms
1840 to the time regulation in paragraph (&) of this subsection, any rights-of-way for
1850 easements that are necessary for any:
1860 (i) Community water supply system;
1870 (ii) Multi-use water supply system
1880 (iii) Community sewerage system;
1890 (iv) Solid waste disposal system; and
1900 (v) Solid waste acceptance facility;
1910 (9) Taking into account all relative planning, zoning, population, engineering, and
1920 economic information and all state, regional, municipal, and local plans,
1930 describe, with all practical precision, any in which it is not reasonably
1940 foreseeable to have service in the next 10 years by any:
1950 (i) Community water supply system;
1960 (ii) Multi-use water supply system
1970 (iii) Community sewerage system;
1980 (iv) Multi-use sewerage system;
1990 (v) Solid waste disposal system; and
2000 (vi) Solid waste acceptance facility;
2010 (10) Set a time schedule and a proposed method for financing the construction and
2020 operation of each planned:
2030 (i) Community water supply system;
2040 (ii) Multi-use water supply system
2050 (iii) Community sewerage system;
2060 (iv) Solid waste disposal system; and
2070 (v) Solid waste acceptance facility;
2080 (11) Set forth the estimated cost of constructing and operating each planned:
2090 (ii) Community water supply system;
2100 (ii) Multi-use water supply system
2110 (iii) Community sewerage system;
2120 (iv) Solid waste disposal system; and
2130 (v) Solid waste acceptance facility;
2140 (12) Indicate:
2150 (i) Any source of supply from the waters of this State;
2160 (ii) The approximate amount of water to be withdrawn from the
2170 waters of this State;
2180 (iii) The quantity and quality of waste to be discharged into the
2190 waters of this State; AND
2200 (IV) BEGINNING ON OR BEFORE OCTOBER 1, 2004, AREAS
2210 OF SPECIAL CONCERN IN WHICH NITROGEN
2220 REMOVAL TECHNOLOGY IS REQUIRED FOR:
2230 (1) INSTALLATION OF A NEW INDIVIDUAL
2240 SEWERAGE SYSTEM;
2250 (2) INSTALLATION OF A NEW MULTI-USE
2260 SEWERAGE SYSTEM OR A NEW SHARED
2270 FACILITY PROVIDING SEWERAGER SERVICE;
2280 AND
2290 (3) REPAIR, REPLACEMENT, OR CHANGE IN USE
2300 OF EXISTING ON-SITE SEWAGE DISPOSAL
2310 SYSTEMS;
2320 (13) Describe, in accordance with the provision of this subtitle, each area in the
2330 county where:
2340 (i) A community water supply system must be provided;
2350 (ii) A multi-use water supply system may be installed and used;
2360 (iii) An individual water supply system may be installed and used
2370 for an interim period until a planned community water supply
2380 system is available;
2390 (iv) An individual water supply system may be installed and used
2400 indefinitely;
2410 (v) A community sewerage system must be provided;
2420 (vi) A multi-use sewerage system may be installed and used;
2430 (vii) Except as provided in ¤ 9-517 of this subtitle, an individual
2440 sewerage system may be installed and used for an interim
2450 period until a planned community sewerage system is
2460 available;
2470 (viii) An individual sewerage system may be installed and used
2480 indefinitely;
2490 (ix) A community solid waste disposal system must be provided;
2500 or;
2510 (x) A community solid waste acceptance facility must be provided
2520 for use by residences of all the describes area during an
2530 interim period until a planned community solid waste
2540 disposal system in available;
2550 (14) Except as provided in ¤ 9-515 of this subtitle, provide for amendment or
2560 revision of the county plan at least once every 2 years in accordance with a
2570 schedule adopted by the Department;
2580 (15) Designate an appropriate agency of the county to be responsible for creating a
2590 workable plan:
2600 (i) To keep the environment of the county free of solid waste.
2610 including littler; and
2620 (ii) To prevent scenic pollution of both public and private property
2630 in the county;
2640 (16) By July 1, 1987, treat each publicly owned community sewerage system as a
2650 separate entity for fiscal purposes within the local operating agency;
2670 (17) Document compliance with and report on actions taken and plans to enforce ¤¤
2680 12-605 and 12-606 of the Business Occupations and Professions Article;
2690 (18) For a county with a population greater than 150,000 according to the latest
2700 Office of Planning projections, include a recycling plan by July 1, 1990 that:
2710 (i) Provides for a reduction through recycling of at least 20
2720 percent of the county's solid waste stream by weight or
2730 submits adequate justification, including economic and other
2740 specific factors, as to why the 20 percent reduction cannot be
2750 met;
2760 (ii) Provides for recycling of the solid waste stream to the extent
2770 practical and economically feasible, but in no event may less
2780 than a 10 percent reduction be submitted; and
2790 (iii) Requires full implementation of the recycling plan by January
2800 1, 1994; and;
2810 (19) For a county with a population less than 150,000 according the latest Office of
2820 Planning projections, include a recycling plan by July 1, 1990 that:
2830 (i) Provides for a reduction through recycling of at least 15
2840 percent of the 261county's solid waste stream by weight or
2850 submits adequate justification, including economic and other
2860 specific factors, as to why the 15 percent reduction cannot be
2870 met;
2880 (ii) Provides for recycling of the solid waste stream to the extent
2890 practical and economically feasible, but in no event may less
2900 than a 5 percent reduction be submitted; and
2910 (iii) Requires full implementation of the recycling plan by January
2920 1, 1994.
2930 (b) A plan created under subsection (a)(15) of this section may include the use of prisoners
2940 from the State correctional system of from the county jails or detention centers.
2950 (c) The recycling reductions of 20 percent and 15 percent provided in subsection (a)(18) and
2960 (19) of this section are not intended to be the maximum percentage that a county can
2970 achieve. A county that can practically and economically achieve a higher rate of
2980 recycling is encouraged to submit a recycling plan for a higher percentage.
2990 (d) If a county with a population less than 150,000 increased to a population of above
3000 150,000, the county shall have 2 years to revise the recycling plan to be consistent with
3010 the recycling goals under subsection (a)(18) and (19) of this section.
3020 (e) (1) The governing bodies of 2 or more counties may adopt a regional recycling plan
3040 to comply with subsection (a) (18) or (19) of this section.
3050 (2) A regional recycling plan which otherwise satisfies the requirements of this
3060 subtitle for each of the participating counties shall constitute the county
3070 recycling plan for each county which participated in the plan.
3080 9-510
3090 (a) In addition to the powers set forth elsewhere in this subtitle, the Department may:
3100 (1) Conduct surveys and research to carry out the provisions of this subtitle; and
3110 (2) Specify the location for any sewage treatment facility discharge point that is
3120 included in any county plan.
3130 (b) In addition to the duties set forth elsewhere in this subtitle, the Department shall adopt
3140 rules and regulations:
3150 (1) To carry out the provisions of this subtitle;
3160 (2) To control, limit, or prohibit the installation and use of :
3170 (i) Water supply systems; and
3180 (ii) Sewerage systems:
3190 (3) To require that, before installation of individual water supply systems or
3200 individual sewerage systems, considerations be given to:
3210 (i) Present and future population density;
3220 (ii) Size of parcels;
3230 (iii) Contour of the land;
3240 (iv) Porosity and absorbency of the soil;
3250 (v) Ground water conditions;
3260 (vi) Availability of water from unpolluted sources;
3270 (vii) Type of construction of community water supply systems;
3280 (viii) Type of construction of community sewerage systems;
3290 (ix) Size of proposed development; [and]
3300 (X) CONDITIONS WHICH MAY REQUIRE THAT NITROGEN
3310 REMOVAL TECHNOLOGY BE INSTALLED ON ON-SITE
3320 SEWERAGE DISPOSAL SYSTEMS; AND
3330 [(x)] (XI) Any other pertinent factors:
3340 (4) To require that, giving consideration to the factors in item (30 of this subsection,
3350 areas be served by community facilities if the Department finds them to be
3360 reasonably necessary:
3370 (i) By installation of the community water supply system,
3380 community sewerage system, or solid waste disposal system;
3390 and;
3400 (ii) By connection of all premises to or service to all premises by
3410 the community water supply system, community sewerage
3420 system, or solid waste disposal system:
3430 (5) To require that community water supply systems, community sewerage systems,
3440 and solid waste disposal systems be constructed to allow the connection of those
3450 systems to a larger system, if that larger system becomes available:
3460 (6) To allow a person to install an individual water supply system or an individual
3470 sewerage system in any area where a community water supply system or
3480 community sewerage system is not available or required to be installed in the
3480 area if:
3490 (i) The Department finds that the individual system is adequate
3500 and safe for use before a community system scheduled to be
3510 available in the area; and
3520 (ii) The individual system is constructed in the most economical
3530 and convenient way to permit connection to a community
3540 system in the area, and the person guarantees the
3550 connection to a community system:
3560 (1) When the county governing body where the area is
3570 located sets a time; and
3580 (2) In accordance with this subtitle, any rules and
3590 regulations adopted under this subtitle, and any other
3600 State law or county requirement by:
3610 A. Posting a bond to secure actual construction
3620 and installation of the systems with
3630 satisfactory surety for the benefit of the
3640 county governing body; or
3650 B. Making any other arrangement that the
3600 Department considers necessary and
3610 adequate to carry out the provisions of this
3620 subtitle:
3630 (7) If a solid waste disposal system is not available or required to be installed in any
3640 area as provided in item (4) of this subsection, to allow a person to provide a
3650 solid waste acceptance facility in the area without a systematic collection and
3660 transportation system;
3670 (8) To require that, before issuance of a permit for construction of a community or
3680 multi-use sewerage system, a financial management plan sufficient to ensure the
3690 dependable and safe operation of the system has been adopted within the county
3700 plan and approved by the Department; [and]
3710 (9) To require that:
3720 (i) Before issuance of a permit for construction of a privately owned
3730 community water supply system that will serve 4 or more residential
3740 lots or 2 or more other lots, the applicant has proposed a financial
3750 management plan sufficient to ensure the dependable and safe
3760 operation of the system, and the plan has been approved by the
3770 Department; and
3780 (ii) The applicant must comply with the plan as approved by the
3790 Department; AND
3800 (10) TO REQUIRE NITROGEN REMOVAL TECHNOLOGY IN AREAS OF
SPECIAL CONCERN.
3820 Article - Tax - General
3830 10-7-4.10.
3840 (A) SUBJECT TO THE PROVISIONS OF THIS SECTION, AN INDIVIDUAL OR A
3850 CORPORATION REPAIRING, REPLACING, OR MODIFYING AN EXISTING ON-
3860 SITE SEWAGE DISPOSAL SYSTEM MAY CLAIM A CREDIT AGAINST THE
3870 STATE INCOME TAX FOR A TAXABLE YEAR IN THE AMOUNT EQUAL TO
3880 100% OF THE COST OF PURCHASING AND INSTALLING NITROGEN
3890 REMOVAL TECHNOLOGY AS DEFINED UNDER ¤ 9-501(M) OF THE
3900 ENVIRONMENT ARTICLE.
3910 (B) (1) THE CREDIT ALLOWE UNDER THIS SECTION MAY NOT EXCEED
3920 $5,000 IN ANY TAXABLE YEAR.
3930 (2) IF THE CREDIT ALLOWED UNDER THIS SECTION IN ANY TAXABLE
3940 YEAR EXCEEDS THE TOTAL TAX OTHERWISE PAYABLE BY THE
3950 INDIVIDUAL OR CORPORATION FOR THAT TAX YEAR, THE
3960 INDIVIDUAL OR CORPORATIN MAY APPLY THE EXCESS AS A
3970 CREDIT FOR SUCCEEDING TAXABLE YEARS UNTIL THE EARLIER
3980 OF:
3990 (I) THE FULL AMOUNT OF THE EXCESS IS USED; OR
4000 (II) THE EXPIRATIN OF THE THIRD SUCCEEDING TAXABLE
4010 YEAR.
4020 10-706
4030 (a) Except as otherwise provided in this section, a credit allowed under this subtitle is
4040 allowed against the State income tax only.
4050 (b) A credit under ¤ 10-701 of this subtitle is allowed against the total county and State
4060 income taxes.
4070 (c) (1) A credit allowed under ¤ 10-704(a)(1), ¤ 10-704.10., or ¤ 10-709(b)(1) of this
4080 subtitle is allowed against the State income tax only.
4090 (2) A credit allowed under ¤ 10-704(a)(2) or ¤ 10-709 (b)(2) of this subtitle is
4100 allowed against the county income tax only.
4110 SECTION 2. AND BE IT FURTHER ENACTED, That the Secretary of the Environment,
4120 within 12 months of the effective date of this Act, shall propose regulations requiring the
4130 inspection, operation, and maintenance of on-site sewage disposal systems consistent
4140 with this Act.
4150 SECTION 3. AND BE IT FURTHER ENACTED, That nothing in this Act shall affect or be
4160 construed as affecting existing requirements of the Environmental Article applicable to
4170 subdivisions.
4180 SECTION 4. AND BE IT FURTHER ENACTED, That no areas of special concern shall take
4190 effect prior to October 1, 2002.
4200 SECTION 5. AND BE IT FURTHER ENACTED, That the Department of the Environment shall
4210 report, on or before October 1, 2001 and on or before October 1, 2003, to the Governor
4220 and, subject to ¤ 2-1246 of the State Government Article, to the General Assembly on
4230 progress towards the implementation of this Act.
4240 SECTION 6. AND BE IT FURTHER ENACTED, That the Department of the Environment
4250 coordinate a public information campaign to educate the public about Nitrogen removal
4260 technology and the pertinent issues relating to the future implementation of this Act.
4270 SECTION 7. AND BE IT FURTHER ENACTED , That this Act shall take effect October 1,
4280 2000.
4290 MANDATES: Governor Paris Glendenning
4300 Lt. Governor Kathleen Kennedy Townsend
4310 Secretary, Department of the Environment
4320 Director, Department of the Environment
4330 Senator Clarence W. Blount
4340 Senator Brian E.Frosh
4350 Delegate James W. Hubbard
4360 Senator Paula C. Hollinger
4370 Senator Paul Pinsky
4380 Senator Christopher Van Hollen
Sponsor:
Jeremiah Kelly
Delegation Chair
Western Maryland College
2 College Hill
Westminster, MD 21157
(410) 751 - 8114
strawman44@hotmail.com