Maryland HB 1487: Department of the Environment - Operation of Sewerage Systems and Refuse Disposal Works - Deficiency Reports

Bill Text

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1487*

HOUSE BILL 1487
M3 EMERGENCY BILL 2lr3323
CF 2lr3324
By: Delegate Grammer
Rules suspended
Introduced and read first time: March 23, 2022
Assigned to: Rules and Executive Nominations

A BILL ENTITLED

AN ACT concerning 1

Department of the Environment – Operation of Sewerage Systems and Refuse 2
Disposal Works – Deficiency Reports 3

FOR the purpose of requiring the Department of the Environment, for a sewerage system 4
or refuse disposal system for which the Maryland Environmental Service has taken 5
charge, to produce a report detailing the parts of the system or works that are 6
deficient and the plans to correct these deficiencies, and a biweekly report providing 7
updates on the steps taken to correct these deficiencies; and generally relating to the 8
operation of sewerage systems and refuse disposal works. 9

BY repealing and reenacting, with amendments, 10
Article – Natural Resources 11
Section 3–109(c) 12
Annotated Code of Maryland 13
(2018 Replacement Volume and 2021 Supplement) 14

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16

Article – Natural Resources 17

3–109. 18

(c) (1) Upon the failure of a municipality or person to comply with an order of 19
the Secretary of the Environment to correct deficiencies on the operation of sewerage 20
systems or refuse disposal works as provided in Title 9 of the Environment Article, the 21
Secretary of the Environment shall direct the Service to take charge of and operate the 22
systems or works to secure the results demanded by the Secretary of the Environment. 23

(2) Except as provided in subsection (e) of this section, upon the receipt of 24

2 HOUSE BILL 1487

the directive from the Secretary of the Environment, the Service immediately shall take 1
charge of and operate the systems or works to secure the results set forth in the directive 2
of the Secretary of the Environment. All costs for maintenance, operation, and other 3
services including legal fees incidental to taking possession of the sewerage system or 4
refuse disposal works shall be charged to the municipality or person against which or whom 5
the original order of the Secretary of the Environment was served. 6

(3) (i) Funds to pay the Service for services rendered under this 7
subsection shall be raised in the case of a municipality under Title 9 of the Environment 8
Article. 9

(ii) If the order is issued against a person, the Service shall bill the 10
person for the full cost of services rendered. 11

(iii) If payment is not made within 60 days, the costs become a lien 12
against the sewerage system or refuse disposal works if it is recorded and indexed as 13
provided in this subtitle, and the Executive Director shall refer the matter to the Attorney 14
General for collection. 15

(4) (I) IF THE SECRETARY OF THE ENVIRONMENT DIRECTS THE 16
SERVICE TO TAKE CHARGE OF A SEWERAGE SYSTEM OR REFUSE DISPOSAL WORKS 17
IN ACCORDANCE WITH PARAGRAPH (1) OF THIS SUBSECTION, THE DEPARTMENT OF 18
THE ENVIRONMENT SHALL PRODUCE A REPORT DETAILING THE PARTS OF THE 19
SYSTEM OR WORKS THAT ARE DEFICIENT AND THE PLAN TO CORRECT THESE 20
DEFICIENCIES. 21

(II) THE REPORT REQUIRED UNDER SUBPARAGRAPH (I) OF 22
THIS PARAGRAPH SHALL BE MADE AVAILABLE TO THE GENERAL ASSEMBLY, IN 23
ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, AND TO THE 24
GENERAL PUBLIC ON THE DEPARTMENT OF THE ENVIRONMENT’S WEBSITE BY THE 25
CLOSE OF BUSINESS OF THE NEXT FRIDAY. 26

(III) IN ADDITION TO THE REPORT PRODUCED UNDER 27
SUBPARAGRAPH (I) OF THIS PARAGRAPH, THE DEPARTMENT OF THE ENVIRONMENT 28
SHALL PRODUCE A BIWEEKLY REPORT, TO BE MADE AVAILABLE TO THE GENERAL 29
ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, 30
AND TO THE GENERAL PUBLIC ON THE DEPARTMENT OF THE ENVIRONMENT’S 31
WEBSITE, PROVIDING UPDATES ON STEPS TAKEN TO CORRECT THE DEFICIENCIES 32
OUTLINED IN THE INITIAL REPORT. 33

SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 34
measure, is necessary for the immediate preservation of the public health or safety, has 35
been passed by a yea and nay vote supported by three–fifths of all the members elected to 36
each of the two Houses of the General Assembly, and shall take effect from the date it is 37
enacted. 38