§ 9-1605.2. Bay Restoration Fund
West's Annotated Code of MarylandEnvironmentEffective: June 1, 2023 to June 30, 2024
Effective: June 1, 2023 to June 30, 2024
MD Code, Environment, § 9-1605.2
§ 9-1605.2. Bay Restoration Fund
<Section effective until July 1, 2024. See, also, section 9-1605.2 effective July 1, 2024, section 9-1605.2 effective July 1, 2030, and section 9-1605.2 effective July 1, 2031.>
(a)(1) There is a Bay Restoration Fund.
(b)(1)(i) Beginning on July 1, 2012, the Bay Restoration Fee is:
A. For each equivalent dwelling unit not exceeding 2,000 equivalent dwelling units, $2.50 per month if the wastewater generated by a building or group of buildings containing multiple residential dwellings is treated at a wastewater facility that does not discharge into the Chesapeake Bay Watershed or the Coastal Bays Watershed;
B. For each equivalent dwelling unit not exceeding 2,000 equivalent dwelling units, $5.00 per month if the wastewater generated by a building or group of buildings containing multiple residential dwellings is treated at a wastewater facility that does discharge into the Chesapeake Bay Watershed or the Coastal Bays Watershed; and
(2)(i) For a residential dwelling that receives an individual sewer bill, a user of an on-site sewage disposal system or a holding tank that receives a water bill, a building or group of buildings under single ownership or management that receives a water and sewer bill and that contains multiple residential dwellings that do not receive an individual sewer bill, and a nonresidential user, the restoration fee shall be:
(c) A user of a wastewater facility is exempt from paying the restoration fee if:
(1)(i)1. The user's wastewater facility's average annual effluent nitrogen and phosphorus concentrations, as reported in the facility's State discharge monitoring reports for the previous calendar year, demonstrate that the facility is achieving enhanced nutrient removal, as defined under § 9-1601(n) of this subtitle; or
(2)(i) The user's wastewater facility discharges to groundwater and the annual average nutrient concentrations in the wastewater prior to discharge to groundwater have not exceeded 3 milligrams per liter total nitrogen and 0.3 milligrams per liter total phosphorus, as demonstrated by analysis of the groundwater from monitoring wells located on the property and as reported in discharge monitoring reports for the previous calendar year; and
(d)(1) Subject to the approval of the Administration, a local government or a billing authority for a water or wastewater facility shall establish a program to exempt from the requirements of this section a residential dwelling able to demonstrate substantial financial hardship as a result of the restoration fee.
(e)(1) A local government, the billing authority for a water or wastewater facility, or any other authorized collecting agency shall complete and submit, under oath, a return and remit the restoration fees collected to the Comptroller:
(f)(1)(i) The Bay Restoration Fund is a special, continuing, nonlapsing fund that is not subject to § 7-302 of the State Finance and Procurement Article and shall be available in perpetuity for the purpose of providing financial assistance in accordance with the provisions of this section.
(g) There shall be deposited in the Bay Restoration Fund:
(h)(1) With regard to the funds collected under subsection (b)(1)(i)1 of this section from users of an on-site sewage disposal system or holding tank that receive a water bill and subsection (b)(1)(i)2 and 3 of this section, beginning in fiscal year 2006, the Comptroller shall:
1. Subject to paragraphs (3), (4), (5), and (6) of this subsection, with priority first given to failing systems and holding tanks located in the Chesapeake and Atlantic Coastal Bays Critical Area and then to failing systems that the Department determines are a threat to public health or water quality, grants or loans for up to 100% of:
D. The cost, up to the sum of the costs authorized under item B of this item for each individual system, of replacing multiple on-site sewage disposal systems located in the same community with a new community sewerage system that is owned by a local government and that meets enhanced nutrient removal standards; or
E. The cost, up to the sum of the costs authorized under item C of this item for each individual system, of connecting a property using an on-site sewage disposal system to an existing municipal wastewater facility that is achieving, or has signed a funding agreement with the Department and is under construction to achieve, enhanced nutrient removal or biological nutrient removal level treatment, including payment of the principal, but not interest, of debt issued by a local government for such connection costs;
3. A portion of the reasonable costs of a local public entity that has been delegated by the Department under § 1-301(b) of this article to administer and enforce environmental laws, not to exceed 10% of the funds deposited into the separate account, to implement regulations adopted by the Department for on-site sewage disposal systems that utilize the best available technology for the removal of nitrogen;
5. Subject to paragraph (8) of this subsection, a local jurisdiction to provide financial assistance to eligible homeowners for the reasonable cost of pumping out an on-site sewage disposal system, at least once every 5 years, unless a more frequent pump out schedule is recommended during an inspection, not to exceed 10% of the funds allocated to the local jurisdiction; and
1. The replacement of the on-site sewage disposal system with service to an existing municipal wastewater facility that is achieving, or has signed a funding agreement with the Department and is under construction to achieve, enhanced nutrient removal or biological nutrient removal level treatment is more cost-effective for nitrogen removal than upgrading the individual on-site sewage disposal system; or
2. The on-site sewage disposal system was installed as of October 1, 2008, the property the system serves is not located in a priority funding area, and the project meets the requirements under § 5-7B-06 of the State Finance and Procurement Article and is consistent with a public health area of concern:
B. Certified by a county environmental health director with concurrence by the Department and, if funding is approved, subsequently added to the county water and sewer plan within a time frame jointly agreed on by the Department and the county that takes into consideration the county's water and sewer plan update and amendment process; and
(i)(1)(i) In this subsection the following words have the meanings indicated.
(i) 1. To award grants for up to 100% of eligible costs of projects relating to planning, design, construction, and upgrade of a publicly owned wastewater facility for flows up to the design capacity of the wastewater facility, as approved by the Department, to achieve enhanced nutrient removal in accordance with paragraph (4) of this subsection; and
2. Subject to paragraph (12) of this subsection, to award grants for up to 50% of eligible costs of projects relating to planning, design, construction, and upgrade of a privately owned wastewater facility for flows up to the design capacity of the wastewater facility, as approved by the Department, to achieve enhanced nutrient removal in accordance with paragraph (4) of this subsection;
C. With respect to a local government that has enacted and implemented a system of charges to fully fund the implementation of a stormwater management program, for grants to the local government for a portion of the costs of the most cost-effective and efficient stormwater control measures, including stormwater measures relating to water quality, climate resiliency, or flood control, as determined and approved by the Department, from the restoration fees collected annually by the Comptroller from users of wastewater facilities under this section;
(4) The grant agreement and State discharge permit, if applicable, shall require an owner of a wastewater facility to operate the enhanced nutrient removal facility in a manner that optimizes the nutrient removal capability of the facility in order to achieve enhanced nutrient removal performance levels.
(ii) Grants issued under paragraph (2)(i) of this subsection for upgrades to the Blue Plains Wastewater Treatment Plant may be awarded only if each party to the Blue Plains Intermunicipal Agreement of 1985 contributes a proportional share of the upgrade costs in accordance with the Blue Plains Intermunicipal Agreement of 1985, as revised and updated.
2. The water quality benefit to a body of water identified by the Department as impaired under Section 303(d) of the Clean Water Act;1
(12)(i) Except as provided in subparagraph (ii) of this paragraph, the Department may not provide funding under this section to the owner of a privately owned wastewater facility if the Department or the U.S. Environmental Protection Agency has determined in the 2 years immediately preceding the date on which the owner applied for funding under this section that the facility did not comply with a discharge permit issued by the Department under this title.
(ii) The Department may provide funding under this section to the owner of a privately owned wastewater facility that would not be eligible for funding under subparagraph (i) of this paragraph if the Department determines, based on proof submitted by the owner of the facility when applying for funding under this section, that the owner of the facility lacks the financial capacity to purchase or upgrade a wastewater treatment system that would bring the facility into compliance with the discharge permit issued by the Department.
(iii) 1. The Department shall include with its annual operating budget proposal submitted to the Department of Budget and Management a list of each facility to which the Department provided funding under subparagraph (ii) of this paragraph in the immediately preceding 12 months and the reasons for providing the funding.
(ii) Are entitled to reimbursement for expenses under the Standard State Travel Regulations,2 as provided in the State budget.
(k)(1) On or before December 31 each year, the Department and the Department of Planning shall jointly report on:
(i) The impact that a wastewater treatment facility that was upgraded to enhanced nutrient removal during the calendar year before the previous calendar year with funds from the Bay Restoration Fund had on growth within the municipality or county in which the wastewater treatment facility is located; and
(3) The Department and the Department of Planning shall submit the report required under paragraph (1) of this subsection to the President of the Senate, the Speaker of the House, the Senate Budget and Taxation Committee, the Senate Education, Energy, and the Environment Committee, the House Appropriations Committee, the House Environment and Transportation Committee, and the Governor, in accordance with § 2-1257 of the State Government Article.
Credits
Added by Acts 2004, c. 428, § 1, eff. July 1, 2004. Amended by Acts 2006, c. 44, § 6, eff. April 8, 2006; Acts 2006, c. 462, § 1, eff. Oct. 1, 2006; Acts 2007, c. 257, § 1, eff. Oct. 1, 2007; Acts 2008, c. 36, § 6, eff. April 8, 2008; Acts 2008, c. 225, § 2, eff. Oct. 1, 2008; Acts 2008, c. 226, § 2, eff. Oct. 1, 2008; Acts 2008, c. 666, § 1, eff. Oct. 1, 2008; Acts 2009, c. 127, § 1, eff. Oct. 1, 2009; Acts 2010, c. 381, § 1, eff. Oct. 1, 2010; Acts 2010, c. 455, § 1, eff. Oct. 1, 2010; Acts 2011, c. 492, § 1, eff. Oct. 1, 2011; Acts 2011, c. 493, § 1, eff. Oct. 1, 2011; Acts 2012, c. 66, § 1, eff. April 10, 2012; Acts 2012, c. 97, § 1, eff. July 1, 2012; Acts 2012, c. 150, § 1, eff. July 1, 2012; Acts 2013, c. 43, § 1, eff. April 9, 2013; Acts 2014, c. 45, § 1, eff. April 8, 2014; Acts 2014, c. 45, § 5; Acts 2014, c. 80, § 1, eff. June 1, 2014; Acts 2014, c. 379, § 1, eff. July 1, 2014; Acts 2015, c. 22, § 5; Acts 2015, c. 124, § 1, eff. July 1, 2015; Acts 2015, c. 153, § 1, eff. Oct. 1, 2015; Acts 2016, c. 93, § 1, eff. Oct. 1, 2016; Acts 2017, c. 62, § 6; Acts 2017, c. 366, § 1, eff. July 1, 2017; Acts 2017, c. 367, § 1, eff. July 1, 2017; Acts 2017, c. 368, § 1, eff. July 1, 2017; Acts 2017, c. 369, § 1, eff. July 1, 2017; Acts 2017, c. 633, § 1, eff. June 1, 2017; Acts 2017, c. 634, § 1, eff. June 1, 2017; Acts 2018, c. 11, § 1, eff. April 5, 2018; Acts 2018, c. 585, § 1, eff. Oct. 1, 2018; Acts 2019, c. 8, § 1, eff. March 27, 2019; Acts 2019, c. 8, § 5; Acts 2020, c. 44, § 1, eff. July 1, 2020; Acts 2020, c. 413, § 1, eff. July 1, 2020; Acts 2021, c. 150, § 2, eff. June 1, 2021; Acts 2021, c. 645, § 4, eff. June 1, 2021; Acts 2021, c. 694, § 1, eff. June 1, 2021; Acts 2021, c. 695, § 1, eff. June 1, 2021; Acts 2022, c. 135, § 1, eff. April 12, 2022; Acts 2022, c. 341, § 1, eff. July 1, 2022; Acts 2022, c. 342, § 1, eff. July 1, 2022; Acts 2023, c. 47, § 1, eff. June 1, 2023; Acts 2023, c. 48, § 1, eff. June 1, 2023.
Footnotes
June 30, 1948, ch. 758, 62 Stat. 1155, codified at 33 U.S.C.A. § 1251 et seq.
COMAR 23.02.01.01 et seq.
MD Code, Environment, § 9-1605.2, MD ENVIR § 9-1605.2
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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