Md. Code, Environment, Title 1

in effect

Md. Code, Environment § 1-101

(a) In this article the following words have the meanings indicated. (b) “Contested case hearing” means an adjudicatory hearing in accordance with the contested case procedures of Subtitle 2 of the Maryland Administrative Procedure Act. (c) “County” means a county of this State and, unless expressly provided otherwise, Baltimore City. (d) “Department” means the Department of the Environment. (e) “EJ Score” means an overall evaluation of an area’s environment and existing environmental justice indicators, as defined by the Department in regulation, including: (1) Pollution burden exposure; (2) Pollution burden environmental effects; (3) Sensitive populations; and (4) Socioeconomic factors. (f) “Environmental justice” has the meaning stated in § 1–701 of this title. (g) “Health officer” means the Baltimore City Commissioner of Health or the health officer of a county. (h) “Includes” or “including” means includes or including by way of illustration and not by way of limitation. (i) “Informational meeting” means a meeting, open to the public, at which the applicant or the Department presents information concerning a permit application. An informational meeting is not a contested case hearing nor an agency hearing under § 10–202(d) of the State Government Article. (j) “Maryland EJ tool” means a publicly available State mapping tool that allows users to: (1) Explore layers of environmental justice concern; (2) Determine an overall EJ Score for census tracts in the State; and (3) View additional context layers relevant to an area. (k) “Person” means an individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind and any partnership, firm, association, corporation, or other entity. (l) “Physician” means an individual who is authorized under the Maryland Medical Practice Act to practice medicine in this State. (m) “Public hearing” means a meeting, open to the public, at which the Department receives oral and written comments concerning a tentative determination. A public hearing is not a contested case hearing nor an agency hearing under § 10–202(d) of the State Government Article. (n) “Secretary” means the Secretary of the Environment. (o) “State” means: (1) A state, possession, or territory of the United States; (2) The District of Columbia; or (3) The Commonwealth of Puerto Rico. (p) “Substantively” means in a manner substantially affecting the rights, duties, or obligations of a member of the public.

Md. Code, Environment § 1-201

(a) A requirement in this article that a document be verified means that the document shall be verified by a declaration made under the penalties of perjury that the matters and facts contained in the document are true to the best of the knowledge, information, and belief of the individual making the declaration. (b) The verification shall be made: (1) Before an individual authorized to administer oaths; or (2) By a signed statement of verification that: (i) Is in the document or attached to and made part of the document; and (ii) States that the statement is made under the penalties of perjury. (c) If the procedures provided in subsection (b)(2) of this section are used, the statement of verification subjects the individual making the statement to the penalties of perjury to the same extent as if the statement had been verified under oath before an individual authorized to administer oaths.

Md. Code, Environment § 1-202

Before any license or permit may be issued under this article to an employer to engage in an activity in which the employer may employ a covered employee, as defined in § 9-101 of the Labor and Employment Article, the employer shall file with the issuing authority: (1) A certificate of compliance with the Maryland Workers’ Compensation Act; or (2) The number of a workers’ compensation insurance policy or binder.

Md. Code, Environment § 1-203

(a) When deciding whether to issue a license or permit under this article or to impose a condition on the issuance of a license or permit, the Department may consider whether the applicant has violated any provision of this article or any regulation adopted under this article. (b) (1) A license or permit is considered renewed for purposes of this subsection if the license or permit is issued by a unit of State government to a person for the period immediately following a period for which the person previously possessed the same or a substantially similar license. (2) Before any license or permit may be renewed under this article, the issuing authority shall verify through the Office of the Comptroller that the applicant has paid all undisputed taxes and unemployment insurance contributions payable to the Comptroller or the Secretary of Labor or that the applicant has provided for payment in a manner satisfactory to the unit responsible for collection.

Md. Code, Environment § 1-204

Notwithstanding any other provision to the contrary in this article, service of show cause orders, complaints, corrective orders, notices, or any other instrument issued by the Department under this article for which service is required may be achieved by any method allowed for service of a summons under the Maryland Rules.

Md. Code, Environment § 1-205

In order to meet the policy goals of the State for the electric distribution grid system, the Department, in coordination with the Public Service Commission and the Maryland Energy Administration, shall coordinate with utility providers in the State to apply for and access federal funds, including funds made available under §§ 40101, 40103, and 40107 of the federal Infrastructure Investment and Jobs Act.

Md. Code, Environment § 1-206

(a) The Department may establish a process in collaboration with one or more boards under the Department’s direction and control that requires a board to include a notation indicating veteran status on a professional license or certificate. (b) If the Department establishes the process described in subsection (a) of this section, an application for a professional license or certificate shall allow an applicant to: (1) Present a certification of veteran status obtained from the Department of Veterans and Military Families in accordance with § 9–905 of the State Government Article, a DD Form 214, or other documentation acceptable to the board certifying veteran status; and (2) Indicate that the applicant consents to: (i) Having a notation on the applicant’s professional license or certificate indicating that the applicant is a veteran; and (ii) Being contacted by appropriate Executive Branch agencies regarding the applicant’s eligibility for State or federal veterans benefits. (c) If an applicant presents the required documentation and consents in accordance with subsection (b) of this section, a board shall: (1) Include on the applicant’s professional license or certificate a notation indicating that the applicant is a veteran; and (2) In accordance with §§ 4–304 through 4–325 of the General Provisions Article and any other applicable law, and on request from an Executive Branch agency, electronically transmit to the Executive Branch agency appropriate information about the applicant. (d) The Department and applicable boards may adopt regulations to carry out the provisions of this section.

Md. Code, Environment § 1-301

(a) The Secretary shall carry out and enforce the provisions of this article and the rules and regulations adopted under this article. (b) The Secretary may delegate duties, powers, and functions as provided in this article to a health officer for a county or to another county official authorized to administer and enforce environmental laws. (c) In those counties where a county official other than the health officer is authorized to administer and enforce State environmental laws under this section, the county shall establish minimum qualifications for that county official that include standards of education and experience related to environmental issues. (d) (1) If the Department processes and issues on–site sewage disposal permits or individual well construction permits, the Department may charge a fee for processing and issuing the permits if a licensed environmental health specialist reviews and approves the permits. (2) (i) The fees: 1. Shall be established by the Department in regulation; and 2. Except as provided in subparagraph (ii) of this paragraph, may not exceed $575. (ii) 1. Subject to subsubparagraph 2 of this subparagraph, the Department may annually increase the fees under subparagraph (i) of this paragraph in accordance with the percentage increase in the Consumer Price Index for All Urban Consumers for the Washington Metropolitan Area during the previous year. 2. The Department may not annually increase the fees under this subsection by more than 3%. (3) The fees collected by the Department under this subsection shall be deposited into the Maryland Clean Water Fund in § 9–320 of this article. (e) (1) (i) On or before October 1 of each year, the Secretary, in consultation with the Attorney General, shall submit to the Legislative Policy Committee, the Senate Committee on Education, Energy, and the Environment, the Senate Budget and Taxation Committee, the House Environment and Transportation Committee, and the House Appropriations Committee, in accordance with § 2–1257 of the State Government Article, a report on enforcement activities conducted by the Department during the previous fiscal year. (ii) The report shall: 1. Include the information required under this subsection and any additional information concerning environmental enforcement that the Secretary decides to provide; 2. Be available to the public as soon as it is forwarded to the Legislative Policy Committee; 3. Include information on the total number of permits and licenses issued by or filed with the Department at any time and still in effect as of the last date of the fiscal year immediately preceding the date on which the report is filed; 4. Include information concerning specific enforcement actions taken with respect to the permits and licenses during the immediately preceding fiscal year; and 5. Include information on the type and number of contacts or consultations with businesses concerning compliance with State environmental laws. (iii) The information required in the report under paragraph (3) of this subsection shall be organized according to each program specified. (2) The report shall state the total amount of money as a result of enforcement actions, as of the end of the immediately preceding fiscal year: (i) Deposited in the Maryland Clean Air Fund; (ii) Deposited in the Maryland Oil Disaster Containment, Clean–Up and Contingency Fund; (iii) Deposited in the Nontidal Wetland Compensation Fund; (iv) Deposited in the Maryland Hazardous Substance Control Fund; (v) Recovered by the Department from responsible parties in accordance with § 7–221 of this article; and (vi) Deposited in the Maryland Clean Water Fund. (3) (i) The report shall include the information specified in subparagraphs (ii), (iii), (iv), and (v) of this paragraph for each of the following programs in the Department: 1. Ambient air quality control under Title 2, Subtitle 4 of this article; 2. Oil pollution under Title 4, Subtitle 4 of this article; 3. Nontidal wetlands under Title 5, Subtitle 9 of this article; 4. Asbestos under Title 6, Subtitle 4 of this article; 5. Lead paint under Title 6, Subtitle 8 of this article; 6. Controlled hazardous substances under Title 7, Subtitle 2 of this article; 7. Water supply, sewerage systems, and refuse disposal systems under Title 9, Subtitle 2 of this article; 8. Water discharges under Title 9, Subtitle 3 of this article; 9. Drinking water under Title 9, Subtitle 4 of this article; and 10. Wetlands under Title 16, Subtitle 2 of this article. (ii) For each of the programs set forth in subparagraph (i) of this paragraph, the Department shall provide the total number or amount of: 1. Final permits or licenses issued to a person or facility, as appropriate, and not surrendered, suspended, or revoked; 2. Inspections, audits, or spot checks performed at facilities permitted; 3. Injunctions obtained; 4. Show cause, remedial, and corrective action orders issued; 5. Stop work orders; 6. Administrative or civil penalties obtained; 7. Criminal actions charged, convictions obtained, imprisonment time ordered, and criminal fines received; and 8. Any other actions taken by the Department to enforce the requirements of the applicable environmental program, including: A. Notices of the removal or encapsulation of asbestos under § 6–414.1 of this article; and B. Actions enforcing user charges against industrial users under § 9–341 of this article. (iii) In addition to the information required in subparagraph (ii) of this paragraph, for the Lead Paint Program under Title 6, Subtitle 8 of this article, the report shall include the total number or amount of: 1. Affected properties registered; and 2. Inspectors or other persons accredited by the Department, for whom accreditation has not been surrendered, suspended, or revoked. (iv) In addition to the information required in subparagraph (ii) of this paragraph, for the Controlled Hazardous Substances Program under Title 7, Subtitle 2 of this article, the report shall include the following lists, updated to reflect the most recent information available for the immediately preceding fiscal year: 1. Possible controlled hazardous substance sites compiled in accordance with § 7–223(a) of this article; 2. Proposed sites listed in accordance with § 7–223(c) of this article at which the Department intends to conduct preliminary site assessments; and 3. Hazardous waste sites in the disposal site registry compiled in accordance with § 7–223(f) of this article. (v) In addition to the information required in subparagraph (ii) of this paragraph, for the Drinking Water Program, the report shall include the total number of: 1. Actions to prevent public water system contamination or to respond to a Safe Drinking Water Act emergency under §§ 9–405 and 9–406 of this article; and 2. Notices given to the public by public water systems under § 9–410 of this article.

Md. Code, Environment § 1-302

(a) A person who knowingly falsifies, alters, or causes another to falsify or alter any permit, license, or certificate issued or required pursuant to this article to demonstrate compliance with any environmental regulation, permit condition, or other regulatory requirement under this article is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50,000 for each violation or imprisonment not exceeding 2 years or both. (b) A person who knowingly possesses, displays, or submits to the Department or any other person any falsified or altered permit, license, or certificate issued or required pursuant to this article to demonstrate compliance with any environmental regulation, permit condition, or other regulatory requirement under this article is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50,000 for each violation or imprisonment not exceeding 2 years or both. (c) Any fine imposed in accordance with this section shall be ordered paid into any applicable special fund authorized to receive fines for violations of any section of this article that requires or authorizes the document that is the subject of this violation. (d) (1) The Attorney General shall take charge of, investigate, prosecute, and defend on behalf of the State every case arising under the provisions of this section, including the recovery of any fines. (2) The provisions of this section may not limit or affect the power or authority of State’s Attorneys under § 15–102 of the Criminal Procedure Article.

Md. Code, Environment § 1-303

(a) A criminal prosecution or a suit for a civil penalty by the Department for violation of any provision of this article or any rule, regulation, order, or permit adopted or issued under this article, shall be instituted within 3 years after the date the Department knew or reasonably should have known of the violation. (b) (1) Subject to paragraph (2) of this subsection, an action for an administrative penalty by the Department for violation of any provision of this article or any rule, regulation, order, or permit adopted or issued under this article, shall be instituted within 5 years after the date the Department knew or reasonably should have known of the violation. (2) The statute of limitations for an action for an administrative penalty for an ongoing violation shall be tolled until the action that caused the ongoing violation has ceased. (c) A suit for a civil penalty by a political subdivision for violation of any provision of this article or any rule, regulation, order, or permit adopted or issued under this article, or for a violation under any regulatory program the political subdivision is required to adopt and enforce under the provisions of this article, shall be instituted within 3 years after the date the political subdivision knew or reasonably should have known of the violation.

Md. Code, Environment § 1-304

(a) (1) Except as provided in paragraph (2) of this subsection, the following persons shall reimburse a county for the reasonable costs incurred by the county in conducting environmental health monitoring or testing, including the cost of collecting and analyzing soil samples, surface water samples, or groundwater samples for the purpose of assessing the effect on public health and the environment of the person’s release of a hazardous substance, discharge of oil, or discharge of a pollutant in the waters of the State: (i) A responsible person as defined under Title 7, Subtitle 2 of this article; (ii) A person responsible for the discharge as defined under Title 4, Subtitle 4 of this article; or (iii) A person responsible for the discharge of a pollutant into the waters of the State in violation of § 9–322 or § 9–323 of this article. (2) A person may not be required to reimburse a county for costs under paragraph (1) of this subsection if the person has entered into a consent order with the Department. (b) Costs incurred by a county for environmental health monitoring or testing under activities that are duplicative of State activities, or are not reasonably necessary to protect human health or the environment, are not eligible for reimbursement under subsection (a) of this section. (c) A county may recover costs that are reimbursable under subsection (a) of this section in a civil action. (d) If a county determines that it would be more efficient to combine the county’s claim for reimbursement under subsection (a) of this section with a pending claim by the Department, the Department shall, on request by the county, seek to recover reimbursable costs on behalf of the county. (e) The Department may adopt regulations to carry out the provisions of this section.

Md. Code, Environment § 1-305

(a) (1) In this section the following words have the meanings indicated. (2) “Alleged violation” means an alleged violation of any requirement in this article or any regulation authorized by a provision of this article, including federal requirements and standards delegated to the State. (3) “Complaint” means a complaint regarding an alleged violation of any air or water quality requirement in this article or any air or water quality regulation authorized by a provision of this article, including federal requirements and standards delegated to the State. (b) This section applies only to: (1) Beginning October 1, 2021, water quality programs within the Department’s Water and Science Administration that are tracked through the Department’s Environmental Tracking System or a comparable database; and (2) Beginning June 30, 2022: (i) Water quality programs within the Department’s Land and Materials Administration that are tracked through the Department’s Environmental Tracking System or a comparable database; and (ii) Air quality programs within the Department’s Air and Radiation Administration that are tracked through the Department’s Environmental Tracking System or a comparable database. (c) The Department shall: (1) Receive and process complaints that involve alleged violations; (2) Keep an electronic record of each complaint that is received under this section for 10 years, including information on: (i) The county in which the alleged violation occurred; and (ii) Which administration within the Department is authorized to enforce the alleged violation; and (3) Maintain and update, on at least a quarterly basis, a list of: (i) New complaints that have been received by the Department that involve alleged violations, including information on: 1. The county in which the alleged violation occurred; and 2. Which administration within the Department is authorized to enforce the alleged violation; (ii) Complaints that remain open; and (iii) Complaints that have been closed. (d) On at least a monthly basis, the Department shall update and publish on its website a list of legal settlements finalized by the Department that involve violations, including information on: (1) The date a settlement was finalized; (2) The relevant law or regulation that is the basis of the violation; (3) Which administration within the Department is authorized to enforce the violation; (4) The name of the site or regulated entity and the location of the site at issue; (5) The amount of any penalty assessed; (6) A description of the violation; and (7) A link to a downloadable document containing the final settlement agreement. (e) The Department shall develop and maintain a website to provide: (1) A list of each complaint received by the Department that includes only: (i) The date on which the complaint was submitted; (ii) The county in which the alleged violation occurred; (iii) Which administration within the Department is authorized to enforce the alleged violation; (iv) Any complaint or case identification number; and (v) If a complaint has been closed, the date on which the complaint was closed; (2) A list of each inspection that has been conducted by the Department during the immediately preceding 365 days under the authority of a State or federal law or regulation related to managing or protecting the environment that includes only: (i) The name of the site or regulated entity; (ii) The county and, if readily available, the zip code in which the inspection occurred; (iii) If applicable, the permit number associated with the site; (iv) Any inspection identification number; (v) Whether the site is in compliance or whether any additional investigation is necessary; (vi) The status of the inspection; and (vii) The media basis for the inspection; (3) An electronic link or other means of downloading a digital copy, if readily available, of an inspection report that includes information that is listed under item (2) of this subsection if the information is maintained by the Department in the Environmental Tracking System or a comparable database; (4) A list of each enforcement action that has been initiated by the Department during the immediately preceding 365 days under the authority of a State or federal law or regulation related to protecting or managing the environment that includes only: (i) Whether any penalties were imposed and the amount of the penalties collected; (ii) Whether any orders were issued; (iii) Whether the case was referred for prosecution or further enforcement action; (iv) Whether compliance assistance was rendered; (v) The county and, if readily available, the zip code in which the enforcement action occurred; (vi) The enforcement action identification number; (vii) If applicable, the permit number; and (viii) Which administration within the Department carried out the enforcement action; (5) A list of each violation discovered within the immediately preceding 365 days that the Department has deemed “significant noncompliance” or a “high–priority violation” that includes only: (i) The date on which the violation was identified as “significant noncompliance” or a “high–priority violation”; (ii) The date on which the site or regulated entity regained compliance, if applicable; (iii) The county and, if readily available, the zip code in which the violation occurred; (iv) Whether any enforcement action has been initiated or corrective action requested; and (v) Which administration within the Department is authorized to enforce the violation; (6) A list of all expired and administratively continued environmental permits subject to this section, including information on: (i) The name of the permittee; (ii) The expiration date of the permit; (iii) The permit number; (iv) The county and, if readily available, the zip code in which the site or regulated entity is located; and (v) Any information on the status of the permit renewal process, including whether an application to renew the permit has been submitted and whether the permit is deemed to be expired or administratively continued; (7) All information required to be posted on the Department’s website in accordance with § 4–802 of this article; and (8) A list of each sewage overflow incident in the State, including information on: (i) The location of the sewage overflow; (ii) The entity from which the sewage overflow originated; and (iii) Whether the sewage was treated or raw sewage. (f) The information posted on the website in accordance with subsections (d) and (e) of this section shall be: (1) Kept for at least 10 years; (2) Updated on at least a monthly basis; and (3) Maintained in a database format to ensure that the information is searchable by category of information.

Md. Code, Environment § 1-306

(a) In this section, “supplemental environmental project” means an environmentally beneficial project or activity that is not required by law but that an alleged violator agrees to undertake as part of a settlement or enforcement action. (b) (1) Subject to paragraph (2) of this subsection, the Department shall create and maintain a database of supplemental environmental projects that the Department may consider for implementation as part of a settlement of an enforcement action. (2) In creating and maintaining the database, the Department shall solicit input from communities in the State that are overburdened, underserved, or otherwise disadvantaged by environmental stressors. (3) The Department shall include oyster repletion projects in the database. (c) (1) The Department may, with reasonable justification, consider a supplemental environmental project that is not included in the database required in subsection (b) of this section as part of a settlement of an enforcement action. (2) The Department may not choose a supplemental environmental project offered by the violator unless the Department: (i) Approves the project; and (ii) Maintains documentation of the approval. (d) Before a violator undertakes a supplemental environmental project, the Department shall: (1) Give priority consideration to the selection of a project located in the same geographic area impacted by the alleged violation; and (2) Ensure that the scope and cost of the chosen project is reasonably related to the nexus of the violation or the adverse impact of the violation and that the cost is sufficient to allow the Department and the alleged violator to reach a settlement.

Md. Code, Environment § 1-401

There is a Department of the Environment, established as a principal department of the State government.

Md. Code, Environment § 1-402

(a) The head of the Department is the Secretary of the Environment, who shall be appointed by the Governor with the advice and consent of the Senate. (b) (1) The Secretary serves at the pleasure of the Governor and is responsible directly to the Governor. The Secretary shall advise the Governor on all matters assigned to the Department and is responsible for carrying out the Governor’s policies on these matters. (2) The Secretary is responsible for the operation of the Department and shall establish guidelines and procedures to promote the orderly and efficient administration of the Department. The Secretary may establish, reorganize, or abolish areas of responsibility in the Department as necessary to fulfill the duties assigned to the Secretary. (3) The Secretary shall establish the general policy for and adopt standards to promote and guide the development of the environmental services of the State. (4) The Secretary is responsible for the environmental interests of the people of the State and shall supervise generally the administration of the environmental laws of the State. (c) The Secretary is entitled to the salary provided in the State budget.

Md. Code, Environment § 1-403

(a) (1) With the approval of the Governor, the Secretary shall appoint a deputy secretary. (2) The deputy secretary serves at the pleasure of the Secretary. (3) The deputy secretary is entitled to the salary provided in the State budget. (4) The deputy secretary has the duties provided by law or delegated by the Secretary. (b) (1) The Secretary may employ a staff in accordance with the State budget. (2) Each assistant secretary, staff assistant to the Secretary, and professional consultant is appointed by and serves at the pleasure of the Secretary. (3) Unless otherwise provided by law, the Secretary shall appoint and remove all other staff in accordance with the provisions of the State Personnel and Pensions Article. (4) The appointment or removal of staff of any unit in the Department is subject to the approval of the Secretary. As to any unit in the Department, the Secretary may delegate this authority to the head of that unit.

Md. Code, Environment § 1-404

(a) The Secretary is responsible for the budget of the office of the Secretary and for the budget of each unit in the Department. (b) (1) The Secretary may adopt rules and regulations to carry out the provisions of law that are within the jurisdiction of the Secretary. (2) The Secretary shall review and may revise the rules and regulations of: (i) Each unit in the Department that is authorized by law to adopt rules and regulations; and (ii) The Department. (c) The Secretary may create an advisory board for the Department. The Secretary shall determine the size of the advisory board. The members shall be representative of the different professional areas or fields of endeavor with which the Department is concerned. (d) The Secretary may create any advisory council that the Secretary considers necessary and assign appropriate functions to it. (e) (1) The Secretary is responsible for the coordination and direction of all planning that the office of the Secretary initiates. (2) The Secretary shall keep fully apprised of plans, proposals, and projects of each unit in the Department and, except as expressly provided otherwise, may approve, disapprove, or modify any of them. (f) Each unit in the Department shall report to the Secretary as provided in the rules, regulations, or written directives that the Secretary adopts. (g) Except as expressly provided otherwise, the Secretary may transfer, by rule, regulation, or written directive, any function, staff, or funds from any unit in the Department to the office of the Secretary or another unit in the Department. Any staff transferred to the office of the Secretary shall be provided space, equipment, and services by the unit from which it was transferred, unless the Secretary orders removal to another location for the proper and efficient functioning of that office. (h) The Secretary may apply for, receive, and spend grants-in-aid by the federal government or any of its agencies or any other federal funds made available to the Department for use in carrying out the powers and duties of the Secretary or the Department. (i) Except as otherwise provided by law, the Secretary shall pay all money collected by the Department under this article into the General Fund of this State. (j) (1) The Secretary or a designee of the Secretary may subpoena any person or evidence, administer oaths, and take depositions and other testimony. (2) If a person fails to comply with a lawful order or subpoena issued under this subsection, on petition of the Secretary or designee, a court of competent jurisdiction may compel obedience to the order or subpoena or compel testimony or the production of evidence. (3) A witness who is subpoenaed at the request of the Secretary or designee is entitled to receive the same fees and mileage provided for by law in civil cases. However, a witness who is subpoenaed at the request of any other party is not entitled to fees or mileage, unless the Secretary or designee certifies that the testimony was material to the matter investigated. The fee and mileage paid under this subsection shall be audited and paid by this State in the same way other expenses are audited and paid and shall be charged to the general appropriation for the Department. (k) (1) The Secretary or any agent or employee of the Secretary may enter, at any reasonable hour, a place of business or public premises if the entry is necessary to carry out a duty under this article. (2) A person may not deny or interfere with an entry under this subsection. (3) A person who violates any provision of this subsection is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100. (l) The Secretary shall carry out and enforce the provisions of this article, the rules and regulations of the Department, and any other provisions of law that relate to the Secretary or the Department.

Md. Code, Environment § 1-405

(a) The Secretary shall investigate: (1) The influence of locality, employment, habit, and other conditions on health; and (2) The causes of diseases and mortality to the extent that they may relate to environmental factors. (b) The Secretary may adopt procedures to obtain information about cancers that are caused by environmental carcinogens and toxic substances and about the incidence of these diseases.

Md. Code, Environment § 1-406

The following units, among other units, are included in the Department: (1) Air Quality Control Advisory Council; (2) Hazardous Substances Advisory Council; (3) Radiation Control Advisory Board; (4) Science and Health Advisory Group; (5) Board of Waterworks and Waste System Operators; (6) Board of Well Drillers; (7) Hazardous Waste Facilities Siting Board; (8) Marine Contractors Licensing Board; and (9) Board of On–Site Wastewater Professionals.

Md. Code, Environment § 1-407

(a) The Attorney General is legal adviser to the Department. (b) The Attorney General shall assign to the Department the number of assistant Attorneys General authorized by law to be assigned to the Department and any additional ones necessary to give effective legal advice and counsel. The Attorney General also shall designate an assistant Attorney General as counsel to the Department. (c) The counsel to the Department may have no duty other than to give the legal aid, advice, and counsel required by the Secretary and any other official of the Department, to supervise the other assistant Attorneys General assigned to the Department, and to perform for the Department the duties that the Attorney General assigns. The counsel shall perform these duties subject to the control and supervision of the Attorney General. After the Attorney General designates the counsel to the Department, the Attorney General may not reassign the counsel without consulting the Secretary.

Md. Code, Environment § 1-501

In this subtitle, “confidential record” means any record, report, statement, note, or other information that: (1) Is assembled or obtained for research or study by the Secretary; and (2) Names or otherwise identifies any person.

Md. Code, Environment § 1-502

(a) (1) Each confidential record shall remain in the custody and control of the Secretary or an agent or employee of the Secretary, if the Secretary assembled or obtained the confidential record. (2) The confidential record may be used only for the research and study for which it was assembled or obtained. (3) A person may not disclose any confidential record to any person who is not engaged in the research or study project. (b) This section does not apply to or restrict the use or publication of any statistics, information, or other material that summarizes or refers to confidential records in the aggregate, without disclosing the identity of any person who is the subject of the confidential record.

Md. Code, Environment § 1-503

A person who violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.

Md. Code, Environment § 1-601

§1–601. IN EFFECT (a) Permits issued by the Department under the following sections shall be issued in accordance with this subtitle: (1) Air quality control permits to construct subject to § 2–404 of this article; (2) Permits to install, materially alter, or materially extend landfill systems, incinerators for public use, or rubble landfills subject to § 9–209 of this article; (3) Permits to discharge pollutants to waters of the State issued pursuant to § 9–323 of this article; (4) Permits to install, materially alter, or materially extend a structure used for storage or distribution of any type of sewage sludge issued, renewed, or amended pursuant to § 9–234.1 or § 9–238 of this article; (5) Permits to own, operate, establish, or maintain a controlled hazardous substance facility issued pursuant to § 7–232 of this article; (6) Permits to own, operate, or maintain a hazardous material facility issued pursuant to § 7–103 of this article; (7) Permits to own, operate, establish, or maintain a low–level nuclear waste facility issued pursuant to § 7–233 of this article; (8) Potable reuse permits issued in accordance with § 9–303.2 of this article; (9) Permits for reservoir augmentation issued in accordance with § 9–303.4 of this article; and (10) Managed aquifer recharge pilot permits issued in accordance with § 9–303.4 of this article. (b) For permits listed under subsection (a) of this section, a contested case hearing may not occur. (c) A final determination by the Department on the issuance, denial, renewal, or revision of any permit listed under subsection (a) of this section is subject to judicial review at the request of any person that: (1) Meets the threshold standing requirements under federal law; and (2) (i) Is the applicant; or (ii) Participated in a public participation process through the submission of written or oral comments, unless an opportunity for public participation was not provided. (d) (1) Judicial review shall be on the administrative record before the Department and limited to objections raised during the public comment period, unless the petitioner demonstrates that: (i) The objections were not reasonably ascertainable during the comment period; or (ii) Grounds for the objections arose after the comment period. (2) The court shall remand the matter to the Department for consideration of objections under paragraph (1) of this subsection. (e) (1) Unless otherwise required by statute, a petition for judicial review by a person that meets the requirements of subsection (c) of this section shall be filed with the circuit court for the county where the application for the permit states that the proposed activity will occur. (2) The decision of the circuit court may be appealed to the Appellate Court of Maryland. (f) (1) When this article requires more than one public informational meeting or public hearing, the Department may consolidate some or all of the meetings or hearings for the proposed facility with similar meetings or hearings. (2) (i) When this subtitle requires the Department to hold a public informational meeting or public hearing, the Department shall hold the meeting or hearing in accordance with the requirements of this paragraph. (ii) The Department may hold a public informational meeting or public hearing required under this subtitle using teleconference or Internet–based conferencing technology unless: 1. An applicable provision of federal statute or regulation requires the meeting or hearing to be held in person; or 2. Subject to subparagraph (iv) of this paragraph, any person makes a timely request within the time periods specified in §§ 1–603(c)(1) and 1–604(a)(4)(i) of this subtitle that the meeting or hearing be held in person. (iii) If the Department holds an in–person public informational meeting or public hearing, the Department shall hold the meeting or hearing at a location in the political subdivision and in close proximity to the location where the individual permit applies. (iv) To protect public health and safety, the Department is not required to hold an in–person public informational meeting or public hearing specified under subparagraph (ii)2 of this paragraph if an emergency declaration is issued by an executive authority of: 1. The federal or State government; or 2. The local government with jurisdiction over a county or municipality where the in–person meeting or hearing would otherwise be held. §1–601. // EFFECTIVE JUNE 30, 2030 PER CHAPTERS 441 AND 442 OF 2025 // // EFFECTIVE UNTIL SEPTEMBER 30, 2036 PER CHAPTERS 474 AND 475 OF 2025 // (a) Permits issued by the Department under the following sections shall be issued in accordance with this subtitle: (1) Air quality control permits to construct subject to § 2–404 of this article; (2) Permits to install, materially alter, or materially extend landfill systems, incinerators for public use, or rubble landfills subject to § 9–209 of this article; (3) Permits to discharge pollutants to waters of the State issued pursuant to § 9–323 of this article; (4) Permits to install, materially alter, or materially extend a structure used for storage or distribution of any type of sewage sludge issued, renewed, or amended pursuant to § 9–234.1 or § 9–238 of this article; (5) Permits to own, operate, establish, or maintain a controlled hazardous substance facility issued pursuant to § 7–232 of this article; (6) Permits to own, operate, or maintain a hazardous material facility issued pursuant to § 7–103 of this article; (7) Permits to own, operate, establish, or maintain a low–level nuclear waste facility issued pursuant to § 7–233 of this article; and (8) Managed aquifer recharge pilot permits issued in accordance with § 9–303.4 of this article. (b) For permits listed under subsection (a) of this section, a contested case hearing may not occur. (c) A final determination by the Department on the issuance, denial, renewal, or revision of any permit listed under subsection (a) of this section is subject to judicial review at the request of any person that: (1) Meets the threshold standing requirements under federal law; and (2) (i) Is the applicant; or (ii) Participated in a public participation process through the submission of written or oral comments, unless an opportunity for public participation was not provided. (d) (1) Judicial review shall be on the administrative record before the Department and limited to objections raised during the public comment period, unless the petitioner demonstrates that: (i) The objections were not reasonably ascertainable during the comment period; or (ii) Grounds for the objections arose after the comment period. (2) The court shall remand the matter to the Department for consideration of objections under paragraph (1) of this subsection. (e) (1) Unless otherwise required by statute, a petition for judicial review by a person that meets the requirements of subsection (c) of this section shall be filed with the circuit court for the county where the application for the permit states that the proposed activity will occur. (2) The decision of the circuit court may be appealed to the Appellate Court of Maryland. (f) (1) When this article requires more than one public informational meeting or public hearing, the Department may consolidate some or all of the meetings or hearings for the proposed facility with similar meetings or hearings. (2) (i) When this subtitle requires the Department to hold a public informational meeting or public hearing, the Department shall hold the meeting or hearing in accordance with the requirements of this paragraph. (ii) The Department may hold a public informational meeting or public hearing required under this subtitle using teleconference or Internet–based conferencing technology unless: 1. An applicable provision of federal statute or regulation requires the meeting or hearing to be held in person; or 2. Subject to subparagraph (iv) of this paragraph, any person makes a timely request within the time periods specified in §§ 1–603(c)(1) and 1–604(a)(4)(i) of this subtitle that the meeting or hearing be held in person. (iii) If the Department holds an in–person public informational meeting or public hearing, the Department shall hold the meeting or hearing at a location in the political subdivision and in close proximity to the location where the individual permit applies. (iv) To protect public health and safety, the Department is not required to hold an in–person public informational meeting or public hearing specified under subparagraph (ii)2 of this paragraph if an emergency declaration is issued by an executive authority of: 1. The federal or State government; or 2. The local government with jurisdiction over a county or municipality where the in–person meeting or hearing would otherwise be held. §1–601. // EFFECTIVE SEPTEMBER 30, 2036 PER CHAPTERS 474 AND 475 OF 2025 // (a) Permits issued by the Department under the following sections shall be issued in accordance with this subtitle: (1) Air quality control permits to construct subject to § 2–404 of this article; (2) Permits to install, materially alter, or materially extend landfill systems, incinerators for public use, or rubble landfills subject to § 9–209 of this article; (3) Permits to discharge pollutants to waters of the State issued pursuant to § 9–323 of this article; (4) Permits to install, materially alter, or materially extend a structure used for storage or distribution of any type of sewage sludge issued, renewed, or amended pursuant to § 9–234.1 or § 9–238 of this article; (5) Permits to own, operate, establish, or maintain a controlled hazardous substance facility issued pursuant to § 7–232 of this article; (6) Permits to own, operate, or maintain a hazardous material facility issued pursuant to § 7–103 of this article; and (7) Permits to own, operate, establish, or maintain a low–level nuclear waste facility issued pursuant to § 7–233 of this article. (b) For permits listed under subsection (a) of this section, a contested case hearing may not occur. (c) A final determination by the Department on the issuance, denial, renewal, or revision of any permit listed under subsection (a) of this section is subject to judicial review at the request of any person that: (1) Meets the threshold standing requirements under federal law; and (2) (i) Is the applicant; or (ii) Participated in a public participation process through the submission of written or oral comments, unless an opportunity for public participation was not provided. (d) (1) Judicial review shall be on the administrative record before the Department and limited to objections raised during the public comment period, unless the petitioner demonstrates that: (i) The objections were not reasonably ascertainable during the comment period; or (ii) Grounds for the objections arose after the comment period. (2) The court shall remand the matter to the Department for consideration of objections under paragraph (1) of this subsection. (e) (1) Unless otherwise required by statute, a petition for judicial review by a person that meets the requirements of subsection (c) of this section shall be filed with the circuit court for the county where the application for the permit states that the proposed activity will occur. (2) The decision of the circuit court may be appealed to the Appellate Court of Maryland. (f) (1) When this article requires more than one public informational meeting or public hearing, the Department may consolidate some or all of the meetings or hearings for the proposed facility with similar meetings or hearings. (2) (i) When this subtitle requires the Department to hold a public informational meeting or public hearing, the Department shall hold the meeting or hearing in accordance with the requirements of this paragraph. (ii) The Department may hold a public informational meeting or public hearing required under this subtitle using teleconference or Internet–based conferencing technology unless: 1. An applicable provision of federal statute or regulation requires the meeting or hearing to be held in person; or 2. Subject to subparagraph (iv) of this paragraph, any person makes a timely request within the time periods specified in §§ 1–603(c)(1) and 1–604(a)(4)(i) of this subtitle that the meeting or hearing be held in person. (iii) If the Department holds an in–person public informational meeting or public hearing, the Department shall hold the meeting or hearing at a location in the political subdivision and in close proximity to the location where the individual permit applies. (iv) To protect public health and safety, the Department is not required to hold an in–person public informational meeting or public hearing specified under subparagraph (ii)2 of this paragraph if an emergency declaration is issued by an executive authority of: 1. The federal or State government; or 2. The local government with jurisdiction over a county or municipality where the in–person meeting or hearing would otherwise be held.

Md. Code, Environment § 1-601.1

§1–601.1. (a) A person applying for a permit listed under § 1–601(a) of this subtitle shall include in the permit application the EJ Score from the Maryland EJ tool for the census tract where the applicant is seeking a permit, unless the permit requires the applicant to use a tool developed by the U.S. Environmental Protection Agency. (b) On receiving an application for a permit listed under § 1–601(a) of this subtitle, the Department shall, in accordance with regulations adopted under this section, review the EJ Score for the census tract where the applicant is seeking a permit using the Maryland EJ tool to verify the applicant’s information. (c) The Department shall adopt regulations to implement this section.

Md. Code, Environment § 1-602

(a) Wherever this subtitle requires the Department to publish notice: (1) Notice shall be published at least once a week for 2 consecutive weeks in a daily or weekly newspaper of general circulation in the geographical area in which the proposed facility is located; (2) The notice shall include: (i) The EJ Score for the census tract where the applicant is seeking a permit, provided by the applicant under § 1–601.1 of this subtitle; (ii) The address of the Department website for accessing the EJ Score review conducted under § 1–601.1 of this subtitle; and (iii) A description of the environmental justice indicators contributing to the EJ Score of the census tract where the applicant is seeking a permit; (3) The Department may require notice of an informational meeting or a public hearing by mail to each person requesting the meeting or hearing or to their authorized representatives; (4) The Department may provide additional notice by requiring the notice to be posted at the proposed facility or at public facilities in the geographical area of the proposed facility; and (5) The applicant shall bear all costs incurred by the Department in providing notice. (b) (1) In addition to the requirements set forth in subsection (a) of this section and notwithstanding any other requirements in this article, wherever this subtitle requires the Department to publish notice of an application for a permit, the Department shall: (i) Electronically post the notice of an application for a permit on the Department’s website; and (ii) Provide a method for interested persons to electronically request any additional notices related to an application for a permit. (2) The notice required under paragraph (1) of this subsection shall include: (i) The name and address of the applicant; (ii) A description of the location and the nature of the activity for which the permit has been sought; (iii) A reference to the applicable statutes or regulations governing the application process; (iv) The time and place of any scheduled informational meeting or public hearing, or a description of where this information can be found; (v) A description of where further information about the permit application can be found; (vi) 1. The EJ Score for the census tract where the applicant is seeking a permit, provided by the applicant under § 1–601.1 of this subtitle; and 2. The EJ Score review conducted under § 1–601.1 of this subtitle; and (vii) Any other information that the Department determines is necessary. (c) The Department may require the applicant to publish and send the notices required in subsection (a) of this section.

Md. Code, Environment § 1-603

(a) The Department shall cause to be published notice of applications for permits. (b) The Department shall assure that applications for permits shall be available to the public for inspection and copying. (c) (1) Upon written request made within 10 working days after publication of a notice of application, or in its own discretion, the Department shall provide an opportunity for an informational meeting with respect to the application. (2) The informational meeting may be canceled if all persons who made timely written requests withdraw the requests prior to the meeting. (3) Unless the notice of application contained a notice of the informational meeting, the Department shall publish notice of the informational meeting. (d) (1) The Department may require the applicant to attend an informational meeting or public hearing and present information concerning the application. (2) If the applicant fails to appear and present information after a request from the Department, the application may be denied.

Md. Code, Environment § 1-604

(a) (1) After the Department receives the permit application, the Department shall prepare a tentative determination, which shall include the following information: (i) A proposal to issue or to not issue a permit; (ii) Any proposed permit limitations and conditions; (iii) A brief explanation of the Department’s tentative determination; and (iv) Any proposed schedule of compliance. (2) If the tentative determination is to issue a permit, the tentative determination shall include a draft permit, which shall be available to the public for inspection and copying. (3) The Department shall publish a notice of the tentative determination. This publication shall allow 30 calendar days for public comment before the issuance of the final determination. (4) (i) The Department shall schedule a public hearing on the tentative determination when a written request for a public hearing is made within 20 days of publication of a notice of the tentative determination. (ii) The public hearing may be canceled if all persons who made timely written requests withdraw the requests prior to the meeting. In addition, the Department may schedule a public hearing on a tentative determination at its discretion. (b) (1) The Department shall prepare a final determination if: (i) Written comments adverse to the tentative determination were received by the Department within 30 days after the publication of the notice of tentative determination pursuant to this section; (ii) Comments adverse to the tentative determination were received in writing at, or within 5 days after, the public hearing conducted pursuant to this section; (iii) Comments adverse to the tentative determination were received orally at the public hearing conducted pursuant to this section and the Department prepared a transcript of the comments made at the hearing; or (iv) The final determination is substantively different from the tentative determination and all persons aggrieved by the final determination have not waived, in writing, their right to request a contested case hearing. (2) If the Department is required to prepare a final determination under this section, the Department shall publish a notice of the final determination. (3) If the Department is not required to prepare a final determination under this section, the tentative determination is a final decision by the Department when the permit is issued or denied.

Md. Code, Environment § 1-605

(a) A person petitioning for judicial review in accordance with § 1–601 of this subtitle or § 5–204 or § 16–204 of this article shall file the petition in accordance with the Maryland Rules. (b) A party submitting a petition for judicial review shall file the petition within 30 days after publication of a notice of final determination. (c) An action for judicial review brought in accordance with § 1–601 of this subtitle or § 5–204 or § 16–204 of this article shall be conducted in accordance with the Maryland Rules. (d) A party to the judicial review action may not challenge a facility’s compliance with zoning and land use requirements or conformity with a county plan issued under Title 9, Subtitle 5 of this article. However, nothing in this subtitle shall prevent a party from challenging whether the Department has complied with §§ 2–404(b)(1)(ii) and 9–210(a)(3) of this article, when applicable, nor does this subtitle prevent a party from contesting the compliance of the facility with zoning and land use or county plan requirements in any proceeding brought in accordance with and under any applicable local laws.

Md. Code, Environment § 1-606

(a) (1) In this section the following words have the meanings indicated. (2) “Board” means the Board of Public Works. (3) “License” means a license under § 16–202 of this article. (b) This section applies to: (1) A permit listed under § 1–601(a) of this subtitle; (2) A permit listed under § 5–204(f) of this article; or (3) A license issued under § 16–202 of this article. (c) Any judicial review of a determination provided for in accordance with § 1–601 of this subtitle or § 5–204 or § 16–204 of this article shall be limited to a record compiled by the Department or Board, consisting of: (1) Any permit or license application and any data submitted to the Department or Board in support of the application; (2) Any draft permit or license issued by the Department or Board; (3) Any notice of intent from the Department or Board to deny the application or to terminate the permit or license; (4) A statement or fact sheet explaining the basis for the determination by the Department or Board; (5) All documents referenced in the statement or fact sheet explaining the basis for the determination by the Department or Board; (6) All documents, except documents for which disclosure is precluded by law or that are subject to privilege, contained in the supporting file for any draft permit or license; (7) All comments submitted to the Department or Board during the public comment period, including comments made on the draft application; (8) Any tape or transcript of any public hearings held on the application; and (9) Any response to any comments submitted to the Department or Board. (d) (1) When a draft permit or license or tentative determination is issued, the Department or Board shall: (i) Make available for inspection and copying no later than the date the permit, draft license, or tentative determination is issued: 1. All permit or license applications; 2. Documents submitted with a permit or license application; 3. All documents relied on in making the tentative determination; and 4. A privilege log that identifies all documents not produced for inspection in accordance with subsection (c)(6) of this section and states the reasons for withholding each document; and (ii) Extend the public comment period by 60 days on request by a person. (2) A request submitted to the Department or Board under paragraph (1)(ii) of this subsection shall be: (i) Submitted in writing; and (ii) Made before the expiration of the original comment period. (3) A public comment period may not be extended more than once under paragraph (1)(ii) of this subsection.

Md. Code, Environment § 1-607

(a) (1) This subsection applies to applications for all licenses and permits issued, or required to be reissued, by the Department. (2) On or before January 1, 1998, and each year thereafter, in consultation with interested parties, the Department shall publish expected review times for each licensing and permitting program. (3) On or before January 1, 1998, for each licensing and permitting program, the Department shall offer assistance and information to persons which may include: (i) Written lists of information and materials required with applications; (ii) Written lists of common application questions and mistakes; (iii) Preapplication meetings with prospective applicants to address technical issues; (iv) Written receipts to the applicant upon submission of an application; and (v) The status of active applications. (b) (1) This subsection applies to permits which are: (i) Identified in § 1–601(a) of this subtitle; or (ii) Issued under Title 5, Subtitle 9 of this article. (2) The Department shall provide to the applicant: (i) A notice of completed application; or (ii) If the Department determines that the application is incomplete, the reasons, in writing, that the application was determined to be incomplete. (3) (i) For permits identified in § 1–601(a) of this subtitle, the notice of completed application shall include an estimated time for issuance of the tentative determination if requested by the applicant. (ii) For permits issued under Title 5, Subtitle 9 of this article, the notice of completed application shall include an estimate of the date by which the Department will grant, deny, or condition the permit. (4) A permit applicant may apply to the Department for a refund of all or a portion of the application fee if: (i) 1. For permits identified in § 1–601(a) of this subtitle, the Department fails to issue a tentative determination regarding the application within the estimated time provided in the notice of completed application; or 2. For permits issued under Title 5, Subtitle 9 of this article, the Department fails to grant, deny, or condition a permit within the time periods provided under § 5–906 of this article; (ii) The applicant demonstrates that the delay was caused solely by the Department and was not the result of procedures or requirements outside the control of the Department, including: 1. Reviews by federal, local, or other State government agencies; 2. Procedures for public participation; or 3. The failure of the applicant to submit information to the Department in a timely manner; and (iii) 1. For permits identified in § 1–601(a) of this subtitle, the applicant applies to the Department within 60 days after the estimated time for issuance of a tentative determination; or 2. For permits issued under Title 5, Subtitle 9 of this article, the applicant applies to the Department within 60 days after the date by which the Department was to have granted, denied, or conditioned a permit under the time periods provided under § 5–906 of this article. (5) The Secretary, or the Secretary’s designee, shall review the refund request and determine if a refund of any amount is appropriate. (6) If the Secretary denies the refund request, the Department shall provide the applicant a written explanation of the denial and of the procedures and requirements outside the control of the Department on which the denial was based within 60 days.

Md. Code, Environment § 1-701

(a) (1) In this section the following words have the meanings indicated. (2) “Business organization” means a corporation, business trust, partnership, or any other for–profit entity. (3) “Commission” means the Commission on Environmental Justice and Sustainable Communities. (4) “Community listening session” means a public convening to gather information and input from community members. (5) “Environmental justice” means equal protection from environmental and public health hazards for all people regardless of race, income, culture, and social status. (6) “Environmental organization” means a nonprofit entity engaged in advocacy, action, education, or job training related to conservation, stewardship of natural resources, pollution reduction, or climate impacts. (7) “Overburdened community” means any census tract for which three or more of the following environmental health indicators are above the 75th percentile statewide: (i) Particulate matter (PM) 2.5; (ii) Ozone; (iii) National Air Toxics Assessment (NATA) diesel PM; (iv) NATA cancer risk; (v) NATA respiratory hazard index; (vi) Traffic proximity; (vii) Lead paint indicator; (viii) National Priorities List Superfund site proximity; (ix) Risk Management Plan facility proximity; (x) Hazardous waste proximity; (xi) Wastewater discharge indicator; (xii) Proximity to a Concentrated Animal Feeding Operation (CAFO); (xiii) Percent of the population lacking broadband coverage; (xiv) Asthma emergency room discharges; (xv) Myocardial infarction discharges; (xvi) Low–birth–weight infants; (xvii) Proximity to emitting power plants; (xviii) Proximity to a Toxic Release Inventory (TRI) facility; (xix) Proximity to a brownfields site; (xx) Proximity to mining operations; and (xxi) Proximity to a hazardous waste landfill. (8) “Underserved community” means any census tract in which, according to the most recent U.S. Census Bureau Survey: (i) At least 25% of the residents qualify as low–income; (ii) At least 50% of the residents identify as nonwhite; or (iii) At least 15% of the residents have limited English proficiency. (b) There is a Commission on Environmental Justice and Sustainable Communities. (c) (1) The Commission consists of the following members: (i) One member of the Senate of Maryland, appointed by the President of the Senate; (ii) One member of the House of Delegates, appointed by the Speaker of the House; (iii) The Secretary, or the Secretary’s designee; (iv) The Secretary of Health, or the Secretary’s designee; (v) The Secretary of Planning, or the Secretary’s designee; (vi) The Secretary of Commerce, or the Secretary’s designee; (vii) The Secretary of Housing and Community Development, or the Secretary’s designee; (viii) The Secretary of Transportation, or the Secretary’s designee; (ix) The following members appointed by the Governor: 1. At least one representative from a community disproportionately impacted by environmental and public health hazards; 2. One representative of a business organization; 3. One representative of an environmental organization; 4. One representative who is a health expert on environmental justice issues; and 5. One representative of an academic institution with an environmental justice institute or similar program; (x) The following members appointed jointly by the President of the Senate and the Speaker of the House: 1. At least three representatives from communities disproportionately impacted by environmental and public health hazards that represent the geographic diversity of the State; 2. One representative of a business organization; 3. One representative of an environmental organization; and 4. One representative who is a health expert on environmental justice issues; (xi) One representative of local government, designated by the Maryland Association of Counties; (xii) One representative of local government, designated by the Maryland Municipal League; and (xiii) Two representatives of a labor union, designated by the Maryland State and D.C. AFL–CIO. (2) To the extent practicable, the membership of the Commission shall reflect the racial, gender, ethnic, and geographic diversity of the State, according to the most recent available census data. (d) (1) The term of a member appointed by the Governor or the President of the Senate and the Speaker of the House is 3 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. (4) A member may not be appointed to more than two consecutive terms. (5) The Department shall provide a new Commission member with an orientation that reviews: (i) Environmental justice issues in the State; and (ii) Previous work of the Commission. (e) The Commission shall elect a chair from among its members. (f) (1) The Department shall provide staff for the Commission. (2) The staffing responsibilities of the Department shall include: (i) Conducting research and gathering data at the direction of the Commission; (ii) Arranging and staffing Commission meetings; (iii) Serving as an informed resource for the chair and members; and (iv) Managing, implementing, and carrying out the Commission’s work to achieve its mission and overall purpose. (g) (1) (i) The Commission shall: 1. Meet at least six times per calendar year; and 2. Host at least four community listening sessions per calendar year in communities disproportionately impacted by environmental and public health hazards, with a majority of the members of the Commission present at each community listening session. (ii) Of the meetings and community listening sessions required under subparagraph (i) of this paragraph, the Commission shall establish rotating meeting or community listening session locations in different geographic locations of the State, including: 1. At least one in a rural location of the State; and 2. At least one in an urban location of the State. (iii) The meetings and community listening sessions required under subparagraph (i) of this paragraph shall be reasonably accessible to all attendees, including persons with: 1. Limited English proficiency; and 2. Disabilities. (iv) The Department shall post notice of the time and location of a meeting or community listening session required under subparagraph (i) of this paragraph on its website at least 30 days before the meeting or community listening session. (2) A majority of members of the Commission shall constitute a quorum for the transaction of business. (3) A member of the Commission: (i) May not receive compensation as a member of the Commission; but (ii) Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget. (4) A member of the Commission may not represent more than one entity or group. (h) The Commission shall: (1) Advise State government agencies on environmental justice and related community issues; (2) Use data sets and mapping tools to review and analyze the impact of current State and local laws, permits, actions, and policies on the issue of environmental justice and sustainable communities, including cumulative impacts, effects, and exposure; (3) Assess the adequacy of State and local government laws to address the issue of environmental justice and sustainable communities, including assessing compliance with Title VI of the federal Civil Rights Act of 1964; (4) Coordinate with the Children’s Environmental Health and Protection Advisory Council, the Maryland Office of Minority Health and Health Disparities, and the Commission on Climate Change on recommendations related to environmental justice and sustainable communities; (5) In accordance with § 1–702 of this subtitle, coordinate with the Department on: (i) The adoption of a methodology for identifying communities disproportionately affected by climate impacts; (ii) The development of specific strategies to address geographical impact concerns, reduce emissions of greenhouse gases and co–pollutants, and build climate equity and resilience within disproportionately affected communities; and (iii) The establishment of goals for the percentage of State funding for greenhouse gas emission reduction measures that should be used for the benefit of disproportionately affected communities; (6) Recommend options to the Governor and the General Assembly for addressing issues, concerns, or problems related to environmental justice that surface after reviewing State laws and policies, including prioritizing areas of the State that need immediate attention; and (7) Recommend options to the Secretary for ensuring that the Department is making progress in advancing the human right to safe, clean, affordable, and accessible water for consumption, cooking, sanitation, health, and recreation purposes. (i) On or before October 1 of each year, the Commission shall report its findings and recommendations to the Governor and, subject to § 2–1257 of the State Government Article, the General Assembly.

Md. Code, Environment § 1-702

(a) On or before December 31, 2023, the Department, in consultation with the Commission on Environmental Justice and Sustainable Communities, shall: (1) Subject to subsection (b) of this section, adopt a methodology for identifying communities disproportionately affected by climate impacts; (2) Develop specific strategies to address geographical impact concerns, reduce emissions of greenhouse gases and co–pollutants, and build climate equity and resilience within communities disproportionately affected by climate impacts; (3) Set appropriate goals for the percentage of State funding for greenhouse gas emission reduction measures that should be used for the benefit of disproportionately affected communities; and (4) Report to the Maryland Commission on Climate Change and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the policies and programs developed under this subsection. (b) In evaluating methodologies under subsection (a)(1) of this section, the Department shall, at a minimum, include: (1) Underserved communities; (2) Overburdened communities; and (3) Areas that are vulnerable to climate impacts, such as flooding, storm surges, and urban heat island effects, due to low levels of tree coverage, high levels of impervious surfaces, or other factors. (c) In carrying out its responsibilities under this section, the Department shall: (1) Solicit input from all segments of the population that will be impacted by the policies developed under subsection (a) of this section, including individuals living in areas that may be identified as disproportionately affected communities under the proposed criteria; (2) Ensure that equity and geographical impact remedies are key principles; and (3) Incorporate geographical impact considerations into all recommendations, policies, programs, and funding priorities.

Md. Code, Environment § 1-801

(a) In this subtitle the following words have the meanings indicated. (b) “Activity and use limitation” means a restriction or obligation created under this subtitle with respect to real property. (c) “Agency” means the Department or any other state or federal agency that determines or approves the environmental response project pursuant to which an environmental covenant is created. (d) “Common interest community” means a condominium, cooperative, or other real property with respect to which a person, by virtue of the person’s ownership of a parcel of real property, is obligated to pay property taxes or insurance premiums, or for maintenance, or improvement of other real property described in a recorded covenant that creates the common interest community. (e) “Environmental covenant” means a servitude arising under an environmental response project that imposes activity and use limitations. (f) “Environmental response project” means a plan or work performed for environmental remediation of real property that is conducted: (1) Under a federal or state program governing environmental remediation of real property, including Title 7, Subtitle 5 of this article; or (2) Incident to closure of a solid or hazardous waste management unit, if the closure is conducted with approval of an agency. (g) “Holder” means the grantee of an environmental covenant. (h) “Person” means an individual, corporation, business trust, statutory trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. (i) “Record”, when used as a noun, means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (j) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

Md. Code, Environment § 1-802

(a) An environmental covenant shall: (1) State that the instrument is an environmental covenant executed pursuant to this subtitle; (2) Contain a legally sufficient description of the real property subject to the covenant; (3) Describe the activity and use limitations on the real property; (4) Identify every holder; (5) Be signed by the Agency and every holder; (6) Unless excepted by the Agency, be signed by every owner of the fee simple of the real property subject to the covenant; and (7) Identify the name and location of any administrative record for the environmental response project reflected in the environmental covenant. (b) In addition to the information required under subsection (a) of this section, an environmental covenant may contain other information, restrictions, and requirements agreed to by the persons who signed it, including any: (1) Requirements for notice following transfer of a specified interest in, or concerning proposed changes in use of, applications for building permits or proposals for any site work affecting the contamination on the property subject to the covenant; (2) Requirements for periodic reporting describing compliance with the covenant; (3) Rights of access to the property granted in connection with implementation or enforcement of the covenant; (4) Brief narrative descriptions of the contamination and remedy, including the contaminants of concern, the pathways of exposure, limits on exposure, and the location and extent of the contamination; (5) Limitations on amendment or termination of the covenant in addition to those provided under §§ 1-808 and 1-809 of this subtitle; and (6) Rights of the holder in addition to the holder’s right to enforce the covenant under § 1-810 of this subtitle. (c) In addition to other conditions for the Agency’s approval of an environmental covenant, the Agency may require those persons specified by the Agency who have interests in the real property to sign the covenant.

Md. Code, Environment § 1-803

(a) (1) Any person, including a person that owns an interest in the real property, the Agency, or a municipality or other unit of local government, may be a holder of an environmental covenant. (2) An environmental covenant may identify more than one holder. (b) (1) The interest of a holder of an environmental covenant is an interest in real property. (2) A right of an agency under this subtitle or under an environmental covenant, other than a right as a holder, is not an interest in real property. (c) (1) An agency is bound by any obligation it assumes in an environmental covenant, but an agency does not assume obligations merely by signing an environmental covenant. (2) Any person other than an agency that signs an environmental covenant is bound by the obligations the person assumes in the covenant, but signing the covenant does not change obligations, rights, or protections granted or imposed under law other than this subtitle except as provided in the covenant. (d) (1) The provisions of this subsection apply to interests in real property in existence at the time an environmental covenant is created or amended. (2) An interest that has priority under other law is not affected by an environmental covenant unless the person that owns the interest subordinates that interest to the covenant. (3) A person that owns an interest that has priority under other law is not required under this subtitle to subordinate that interest to an environmental covenant or to agree to be bound by the covenant. (4) (i) A subordination agreement may be contained in an environmental covenant covering real property or in a separate record. (ii) If the environmental covenant covers commonly owned property in a common interest community, the record may be signed by any person authorized by the governing board of the owners’ association. (5) An agreement by a person to subordinate an interest that has priority under other law to an environmental covenant affects the priority of that person’s interest but does not by itself impose any affirmative obligation on the person with respect to the environmental covenant.

Md. Code, Environment § 1-804

(a) An environmental covenant that complies with this subtitle runs with the land. (b) An environmental covenant that is otherwise effective is valid and enforceable even if: (1) It is not appurtenant to an interest in real property; (2) It can be or has been assigned to a person other than the original holder; (3) It is not of a character that has been recognized traditionally at common law; (4) It imposes a negative burden; (5) It imposes an affirmative obligation on a person having an interest in the real property or on the holder; (6) The benefit or burden does not touch or concern real property; (7) There is no privity of estate or contract; (8) The holder dies, ceases to exist, resigns, or is replaced; or (9) The owner of an interest subject to the environmental covenant and the holder are the same person. (c) An instrument that creates restrictions or obligations with respect to real property that would qualify as activity and use limitations except for the fact that the instrument was recorded before October 1, 2005, is not invalid or unenforceable because of any of the limitations on enforcement of interests described in subsection (b) of this section or because it was identified as an easement, servitude, deed restriction, or other interest. This subtitle does not apply in any other respect to such an instrument. (d) This subtitle does not invalidate or render unenforceable any interest, whether designated as an environmental covenant or other interest, that is otherwise enforceable under state law.

Md. Code, Environment § 1-805

(a) This subtitle does not authorize a use of real property that is otherwise prohibited by zoning, by law other than this subtitle regulating use of real property, or by a recorded instrument that has priority over the environmental covenant. (b) An environmental covenant may prohibit or restrict uses of real property that are authorized by zoning or by law other than this subtitle.

Md. Code, Environment § 1-806

(a) A copy of an environmental covenant shall be provided by the persons and in the manner required by the agency to: (1) Each person that signed the covenant; (2) Each person holding a recorded interest in the real property subject to the covenant; (3) Each person in possession of the real property subject to the covenant; (4) Each municipality or other unit of local government in which real property subject to the covenant is located; and (5) Any other person the Agency requires. (b) The validity of a covenant is not affected by failure to provide a copy of the covenant as required under this section.

Md. Code, Environment § 1-807

(a) (1) An environmental covenant and any amendment or termination of the covenant must be recorded in every county in which any portion of the real property subject to the covenant is located. (2) For purposes of indexing, a holder shall be treated as a grantee. (b) Except as otherwise provided under § 1-808(c) of this subtitle, an environmental covenant is subject to the laws of the state governing recording and priority of interests in real property.

Md. Code, Environment § 1-808

(a) An environmental covenant is perpetual unless it is: (1) By its terms, limited to a specific duration or terminated by the occurrence of a specific event; (2) Terminated by consent as provided under § 1-809 of this subtitle; (3) Terminated under subsection (b) of this section; (4) Terminated by foreclosure of an interest that has priority over the environmental covenant; or (5) Terminated or modified in an eminent domain proceeding, if: (i) The Agency that signed the covenant is a party to the proceeding; (ii) Each person identified in § 1-809(a) and (b) of this subtitle is given notice of the pendency of the proceeding; and (iii) The court determines, after a hearing, that the termination or modification will not adversely affect human health or the environment. (b) (1) If the Agency that signed an environmental covenant has determined that the intended benefits of the covenant can no longer be realized, a court, under the doctrine of changed circumstances, in an action in which all persons identified in § 1-809(a) and (b) of this subtitle have been given notice, may terminate the covenant or reduce its burden on the real property subject to the covenant. (2) The Agency’s determination or its failure to make a determination upon request is subject to review in accordance with the Administrative Procedure Act. (c) Except as otherwise provided in subsections (a) and (b) of this section, an environmental covenant may not be extinguished, limited, or impaired through issuance of a tax deed, foreclosure of a tax lien, or application of the doctrine of adverse possession, prescription, abandonment, waiver, lack of enforcement, or acquiescence, or a similar doctrine.

Md. Code, Environment § 1-809

(a) An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by: (1) The Agency; (2) Unless waived by the Agency, the current owner of the fee simple of the real property subject to the covenant; (3) Each person that originally signed the covenant, unless: (i) The person waived in a signed record the right to consent; or (ii) A court finds that the person no longer exists or cannot be located or identified with the exercise of reasonable diligence; and (4) Except as otherwise provided in subsection (d)(2) of this section, the holder. (b) If an interest in real property is subject to an environmental covenant, the interest is not affected by an amendment of the covenant unless the current owner of the interest consents to the amendment or has waived in a signed record the right to consent to amendments. (c) Except for an assignment undertaken in accordance with a governmental reorganization, assignment of an environmental covenant to a new holder shall be considered to be an amendment of the covenant. (d) Except as otherwise provided in an environmental covenant: (1) A holder may not assign its interest without consent of the other parties; and (2) A holder may be removed and replaced by agreement of the other parties specified in subsection (a) of this section. (e) A court of competent jurisdiction may fill a vacancy in the position of holder.

Md. Code, Environment § 1-810

(a) A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by: (1) A party to the covenant; (2) The Agency or, if it is not the Agency, the Department; (3) Any person to whom the covenant expressly grants power to enforce; (4) A person whose interest in the real property or whose collateral or liability may be affected by the alleged violation of the covenant; or (5) The county or municipal corporation in which the real property subject to the covenant is located. (b) This subtitle does not limit the regulatory authority of the Agency or the Department under law, other than this subtitle, with respect to an environmental response project. (c) A person is not responsible for or subject to liability for environmental remediation solely because the person has the right to enforce an environmental covenant.

Md. Code, Environment § 1-811

(a) (1) The Department shall establish and maintain a registry that contains all environmental covenants and any amendment or termination of those covenants. (2) The registry may contain any other information concerning environmental covenants and the real property subject to them that the Department considers appropriate. (3) For purposes of the Maryland Public Information Act, the registry is a public record. (b) (1) After an environmental covenant or an amendment or termination of a covenant is filed in the registry established under subsection (a) of this section, a notice of the covenant, amendment, or termination that meets the requirements of paragraph (2) of this subsection may be recorded in the land records in lieu of recording the entire covenant. (2) A notice shall contain: (i) A legally sufficient description and any available street address of the real property subject to the covenant; (ii) The name and address of the owner of the fee simple interest in the real property, the Department, and the holder if other than the Department; (iii) A statement that the covenant, amendment, or termination is available in a registry at the Department, including the method of any electronic access; and (iv) A statement that the notice is notification of an environmental covenant executed pursuant to this subtitle. (c) A statement in substantially the following form, executed with the same formalities as a deed in the State, satisfies the requirements of subsection (b) of this section: “1. This notice is filed in the land records of (political subdivision) of (name of jurisdiction in which the real property is located) pursuant to § 1–811 of the Environment Article. 2. This notice and the covenant, amendment, or termination to which it refers may impose significant obligations with respect to the property described below. 3. A legal description of the property is attached as Exhibit A to this notice. The address of the property that is subject to the environmental covenant is (insert address of property or state that the address is not available). 4. The name and address of the owner of the fee simple interest in the real property on the date of this notice is (name of current owner of the property and the owner’s current address as shown on the tax records of the jurisdiction in which the property is located). 5. The environmental covenant, amendment, or termination was signed by (name and address of the signing agency). 6. The environmental covenant, amendment, or termination was filed in the registry on (date of filing). 7. The full text of the covenant, amendment, or termination and any other information required by the Department of the Environment is on file and available for inspection and copying in the registry maintained for that purpose by the Department.”.

Md. Code, Environment § 1-812

(a) Except as provided under subsection (b) of this section, this subtitle modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act. (b) This subtitle does not modify, limit, or supersede § 7001(a) or authorize electronic delivery of any of the notices described in § 7003(b) of the federal Electronic Signatures in Global and National Commerce Act.

Md. Code, Environment § 1-813

This subtitle shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this subtitle among states enacting it.

Md. Code, Environment § 1-814

This subtitle may be cited as the Maryland Uniform Environmental Covenants Act.

Md. Code, Environment § 1-815

If any provision of this subtitle or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this subtitle which can be given effect without the invalid provision or application, and to this end the provisions of this subtitle are severable.

Md. Code, Environment § 1-901

(a) In this subtitle the following words have the meanings indicated. (b) “Costs of litigation” includes reasonable attorney’s fees, court costs, and expert witness fees. (c) “Ephemeral stream” means a body of water with: (1) A stream bed located above the water table year–round; (2) A stream flow primarily sourced from rainfall runoff; and (3) Flowing water only during, and for a short duration after, precipitation events in a typical year. (d) “Intermittent stream” means a body of water with: (1) Flowing water during certain times of the year, when groundwater provides water for stream flow; and (2) A stream flow supplemented by runoff from rainfall. (e) “Person” means an individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind and any partnership, firm, association, corporation, or other nongovernmental entity. (f) “Political subdivision” means: (1) A county; (2) The City of Baltimore; (3) A multicounty agency; (4) A municipal corporation; (5) A single–purpose district; or (6) A sanitary district. (g) “Standard” means any requirement, prohibition, limitation, or condition established by statute, regulation, permit, order, or license issued by the Secretary in accordance with: (1) Title 5, Subtitle 9 of this article, if the requirement, prohibition, limitation, or condition is related to nontidal wetlands that do not have a continuous surface connection to surface water; or (2) Title 9, Subtitle 3 of this article, if the requirement, prohibition, limitation, or condition is related to: (i) An ephemeral stream; or (ii) An intermittent stream.

Md. Code, Environment § 1-902

Except as provided in this subtitle, a person that meets the threshold standing requirements under federal law has standing in civil claims arising under any standard.

Md. Code, Environment § 1-903

(a) Subject to subsection (b) of this section, a person that has standing under § 1–902 of this subtitle may bring a civil action on the person’s own behalf against any person or political subdivision that is alleged to be in violation of any standard. (b) (1) Subject to paragraph (3) of this subsection, an action may not be brought under subsection (a) of this section unless the plaintiff first gives 60 days’ notice of the alleged violation. (2) Notice under this subsection shall be: (i) 1. By certified mail; or 2. By personal service; and (ii) Provided to: 1. The Secretary; 2. The Attorney General; 3. Any local jurisdiction in which the violation is alleged to occur; and 4. An alleged violator of the standard. (3) (i) An action may not be brought under subsection (a) of this section if the Secretary has commenced and is diligently prosecuting a civil action or a consent order is entered to require compliance from the alleged violator. (ii) Notwithstanding subparagraph (i) of this paragraph, a person that meets the threshold standing requirements under federal law may intervene in a civil action brought by the Secretary, as provided in § 1–904 of this subtitle. (4) Notice under this subsection shall identify: (i) A standard violated; (ii) An activity constituting the violation; (iii) A person suspected of being responsible for the violation; (iv) The location of the violation; (v) The dates of violations if known; and (vi) The name and address of the person giving notice. (c) An action brought in accordance with this section shall be brought in any circuit court of a county where the condition, activity, or failure is alleged to be a violation of a standard. (d) Before the entering of any consent judgment to which the Department is not a party or before the dismissal of any case filed in accordance with this subtitle subject to a settlement agreement, the plaintiff shall: (1) Give notice and provide a complete and unredacted copy of the proposed consent judgment or settlement agreement to the Department and the Attorney General by personal service or certified mail at least 45 days before the date that the proposed consent judgment or settlement agreement is filed with the court; and (2) File an affidavit with the court under penalty of perjury indicating compliance with the requirement under item (1) of this subsection. (e) A court may: (1) Order the enforcement of a standard; and (2) Grant: (i) Temporary or permanent equitable relief; or (ii) Except as otherwise provided by this subtitle, any other relief provided under a standard. (f) In an action under this section, the court may award the costs of litigation to: (1) A prevailing plaintiff; (2) A substantially prevailing plaintiff; or (3) A substantially prevailing defendant if the plaintiff’s claim was frivolous, unreasonable, or groundless. (g) (1) (i) Except as provided in paragraph (3) of this subsection, a court may impose a civil penalty authorized in accordance with the statute under which an action is brought under this section. (ii) A court may approve a consent judgment or settlement agreement between the parties that includes a supplemental environmental project. (2) A civil penalty collected under this subsection shall be deposited in a manner specified by the statute. (3) The State may not be held liable for civil penalties in any action under this subtitle.

Md. Code, Environment § 1-904

(a) (1) Subject to paragraph (2) of this subsection, a person that meets the threshold standing requirements under federal law has the unconditional right and authority to intervene in a civil action brought by the Secretary under: (i) Title 5, Subtitle 9 of this article; or (ii) Title 9, Subtitle 3 of this article. (2) A person shall exercise the right to intervene under paragraph (1) of this subsection in accordance with the applicable practices, procedures, and laws in the State. (3) A person that has standing to intervene under paragraph (1) of this subsection has the same rights as an interested person or aggrieved party under the federal Clean Water Act. (b) The State may intervene as a matter of right at any time in any proceeding brought under this subtitle.

Md. Code, Environment § 1-1001

In this subtitle, “ecological restoration” means an activity undertaken with the goal of recovering, re–establishing, or enhancing a degraded, damaged, or destroyed ecosystem through: (1) Improvements to physical, chemical, or biological characteristics or processes; (2) Returning natural or historical functions or services; or (3) Protecting or improving resiliency.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026