SB 719

WES MOORE, Governor  Ch. 329
Chapter 329
  (Senate Bill 719)
AN ACT concerning
  Sewage Sludge – Per– and Polyfluoroalkyl Substances – Regulation
FOR the purpose of establishing restrictions on the land application, on or after a certain
     date, of sewage sludge or products containing sewage sludge with total
     concentrations of certain regulated per– and polyfluoroalkyl substances equal to or
     greater than certain levels; authorizing, on or before a certain date, a person to blend
     sewage sludge from multiple sources commingle sewage sludge for a certain purpose
     and subject to certain regulations and requirements; establishing monitoring
     protocols for certain per– and polyfluoroalkyl substances in certain sewage sludge or
     products containing sewage sludge; authorizing the establishment of pretreatment
     standards for certain industrial users that discharge certain per– and
     polyfluoroalkyl substances at levels that exceed certain action levels; authorizing
     certain local jurisdictions and pretreatment authorities to set certain rates and fees
     for certain industrial users; encouraging sewage sludge generators to take certain
     actions with respect to certain per– and polyfluoroalkyl substances; and generally
     relating to per– and polyfluoroalkyl substances and sewage sludge.
BY repealing and reenacting, without amendments,
      Article – Environment
      Section 9–201(a), (l), and (m) and 9–230
      Annotated Code of Maryland
      (2014 Replacement Volume and 2025 Supplement)
BY repealing and reenacting, with amendments,
      Article – Environment
      Section 9–201(k)
      Annotated Code of Maryland
      (2014 Replacement Volume and 2025 Supplement)
BY adding to
     Article – Environment
     Section 9–250
     Annotated Code of Maryland
     (2014 Replacement Volume and 2025 Supplement)
      SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
  Article – Environment
9–201.
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Ch. 329  2026 LAWS OF MARYLAND
      (a)    In this subtitle the following words have the meanings indicated.
      (k)    “Sewage” means[:
  (1)   Any human or animal excretion or water–carried domestic waste; or
  (2)   A mixture of industrial waste and any of the things in item (1) of this
subsection] THE WATER–CARRIED DOMESTIC WASTE FROM RESIDENCES, BUILDINGS,
INDUSTRIAL ESTABLISHMENTS, OR OTHER PLACES.
       (l)   “Sewage sludge” means any thickened liquid, suspension, settled solid, or
dried residue that a sewage treatment plant extracts from sewage.
        (m) (1)      “Sewage sludge generator” means a person who owns or operates a
facility that receives and processes sewage in this State or produces sewage sludge to be
utilized in this State.
  (2)   “Sewage sludge generator” includes:
  (i)    The Washington Suburban Sanitary Commission; and
  (ii)   The Maryland Environmental Service.
  (3)   “Sewage sludge generator” does not include the owner or operator of a
septic system.
9–230.
       (a)   (1)      The Department of the Environment shall adopt regulations to carry
out this Part III of this subtitle.
  (2)   The Department of the Environment may not adopt a regulation or part
of a regulation that deals with the land application of sewage sludge without the approval
of the Department of Agriculture.
       (b)    In adopting regulations under this Part III and §§ 9–269 and 9–270 of this
subtitle, the Department of the Environment shall consider:
  (1)   Alternative utilization methods;
  (2)   Pathogen control;
  (3)   Advertising requirements for public hearings and public information
meetings;
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  WES MOORE, Governor  Ch. 329
  (4)   Performance bonds, liability insurance, or other forms of security;
  (5)   Procedures for notifying units of local government and other interested
parties; and
  (6)    Adequate standards for transporting sewage sludge, including
requirements for enclosing or covering sewage sludge during transportation.
      (c)   In addition to the considerations under subsection (b) of this section, in
adopting regulations for the land application of sewage sludge, the Department of the
Environment shall consider:
  (1)   Methods for calculating loading rates that:
  (i)     Will assure nondegradation of the groundwater supply; and
  (ii)  For agricultural land, shall be limited by the nutrient
requirements of crop or cover vegetation, as recommended by the Department of
Agriculture;
  (2)   The crops that are to be grown on land on which sewage sludge may be
applied;
  (3)   The nature of any nearby surface water or groundwater;
  (4)   The character of any affected area;
  (5)   The character of nearby existing or planned land uses and transport
routes;
  (6)     The nearness of the land on which sewage sludge may be applied to
sensitive areas, including flood plains, wetlands, and areas of critical concern;
  (7)   The definitions of:
  (i)     Sewage sludge that is unsuitable for application to agricultural
land;
  (ii)    Agricultural land;
  (iii)   Marginal land; and
  (iv)    Compost;
  (8)      Acceptable cumulative loading rates, including rates for nitrogen and
heavy metals;
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 Ch. 329  2026 LAWS OF MARYLAND
  (9)    Special requirements of land used for producing tobacco; and
  (10) Reasonable buffer areas to separate any home or other property from
land on which sewage sludge may be applied.
      (d)   (1)  The Department shall adopt regulations to establish a mechanism for
determining annual generator’s fees.
  (2)     The regulations shall provide for public input into the development of
fee schedules.
  (3)    The fee schedules shall take into account:
  (i)     The volume of sewage sludge generated by a sewage sludge
generator;
  (ii)    The method by which the sewage sludge is utilized;
  (iii)   The anticipated costs of monitoring and regulating sewage
sludge utilization sites;
  (iv)    The anticipated needs of the State’s sewage sludge regulation
program; and
  (v)    The potential hazard of the sewage sludge generator’s activities
to public health, safety, or welfare or to the environment.
9–250.
       (A)    (1)    IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
  (2)    “COMMINGLE” MEANS TO MIX TREATED SEWAGE SLUDGE WITH
OTHER MATERIALS FOR THE PURPOSE OF REDUCING THE CONCENTRATION OF
REGULATED PFAS.
  (2) (3)
  “CONCENTRATION OF REGULATED PFAS” MEANS THE
TOTAL CONCENTRATION, AS MEASURED IN ACCORDANCE WITH MONITORING
PROTOCOLS ESTABLISHED UNDER SUBSECTION (G) OF THIS SECTION, OF THE
FOLLOWING PER– AND POLYFLUOROALKYL SUBSTANCES:
  (I)     PFOA;
  (II)    PFOS; OR
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  WES MOORE, Governor  Ch. 329
  (III) A MIXTURE OF PFOA AND PFOS.
  (3) (4)      “PFOS” MEANS PERFLUOROOCTANE SULFONIC ACID.
  (4) (5)      “PFOA” MEANS PERFLUOROOCTANOIC ACID.
     (B)   THIS SECTION APPLIES ONLY TO THE LAND APPLICATION OF ALL
SEWAGE SLUDGE AND PRODUCTS CONTAINING SEWAGE SLUDGE THAT ARE
INTENDED FOR LAND APPLICATION IN THE STATE.
     (C)   ON OR AFTER OCTOBER 1, 2027 2028:
  (1)   A PERSON MAY NOT APPLY SEWAGE SLUDGE OR A PRODUCT
CONTAINING SEWAGE SLUDGE TO AGRICULTURAL OR MARGINAL LAND IF THE
SEWAGE SLUDGE OR PRODUCT CONTAINING SEWAGE SLUDGE HAS A TOTAL
CONCENTRATION OF REGULATED PFAS EQUAL TO OR GREATER THAN 50 PARTS
PER BILLION; AND
  (2)IF SEWAGE SLUDGE OR A PRODUCT CONTAINING SEWAGE SLUDGE
HAS A TOTAL CONCENTRATION OF REGULATED PFAS THAT IS EQUAL TO OR
GREATER THAN 25 PARTS PER BILLION BUT LESS THAN 50 PARTS PER BILLION, A
PERSON MAY APPLY THE SEWAGE SLUDGE OR PRODUCT CONTAINING SEWAGE
SLUDGE TO AGRICULTURAL OR MARGINAL LAND ONLY IN ACCORDANCE WITH
SUBSECTIONS (E) AND (F) OF THIS SECTION.
     (D)   (1) ON OR BEFORE SEPTEMBER 30, 2029, AFTER OCTOBER 1, 2028,
IF A SEWAGE SLUDGE GENERATOR DETERMINES, THROUGH MONITORING
PROTOCOLS ESTABLISHED UNDER SUBSECTION (G) OF THIS SECTION, THAT ITS
SEWAGE SLUDGE HAS A TOTAL CONCENTRATION OF REGULATED PFAS THAT IS
EQUAL TO OR GREATER THAN 25 PARTS PER BILLION BUT LESS THAN 50 PARTS PER
BILLION, SUBJECT TO THE REQUIREMENTS OF THIS SUBSECTION AND IN
ACCORDANCE WITH DEPARTMENT REGULATIONS:
  (I)A PERSON MAY BLEND SEWAGE SLUDGE FROM MULTIPLE
SOURCES FOR A PERIOD OF NOT MORE THAN 2 YEARS FOLLOWING THE DATE THE
DETERMINATION IS MADE, THE SEWAGE SLUDGE MAY BE COMMINGLED TO REDUCE
THE TOTAL CONCENTRATION OF REGULATED PFAS IN THE FINAL MATERIAL TO
LEVELS BELOW 25 PARTS PER BILLION; AND
  (II)
  SEWAGE SLUDGE OR A PRODUCT CONTAINING SEWAGE
SLUDGE BLENDED COMMINGLED IN ACCORDANCE WITH ITEM (I) OF THIS
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Ch. 329  2026 LAWS OF MARYLAND
PARAGRAPH MAY NOT BE SUBJECT TO THE TEMPORARY ALTERNATIVE
MANAGEMENT MEASURES SPECIFIED IN SUBSECTION (E) OF THIS SECTION.
  (2) (I)    A PERSON THAT BLENDS OR OTHERWISE COMMINGLES
SEWAGE SLUDGE FOR THE PURPOSE OF LAND APPLICATION SHALL MONITOR FOR
THE PRESENCE OF PFOS AND PFOA AT LEAST ONCE PER MONTH, USING A
REPRESENTATIVE SAMPLE, IN ACCORDANCE WITH PROTOCOLS ESTABLISHED
UNDER SUBSECTION (G) OF THIS SECTION.
  (II)
  IF THE TOTAL CONCENTRATION OF REGULATED PFAS IN
THE BLENDED COMMINGLED PRODUCT IS EQUAL TO OR GREATER THAN 25 PARTS
PER BILLION, THE PERSON:
  1.     SHALL IMMEDIATELY NOTIFY THE DEPARTMENT;
AND
  2.
  MAY NOT APPLY THE BLENDED COMMINGLED
PRODUCT TO LAND UNTIL THE PERSON DEMONSTRATES, THROUGH ADDITIONAL
MONITORING, THAT THE TOTAL CONCENTRATION OF REGULATED PFAS IN THE
BLENDED COMMINGLED PRODUCT HAS BEEN REDUCED TO LEVELS BELOW 25 PARTS
PER BILLION.
      (E) (1) THIS SUBSECTION APPLIES ONLY TO THE LAND APPLICATION ON
OR AFTER OCTOBER 1, 2028, OF SEWAGE SLUDGE OR PRODUCTS CONTAINING
SEWAGE SLUDGE THAT HAVE HAS A TOTAL CONCENTRATION OF REGULATED PFAS
THAT IS EQUAL TO OR GREATER THAN 25 PARTS PER BILLION BUT LESS THAN 50
PARTS PER BILLION.
  (2)
  FOR A PERIOD OF NOT MORE THAN 12 MONTHS, AND PENDING THE
DEVELOPMENT AND APPROVAL OF A MITIGATION PLAN DURING THE DEVELOPMENT
AND IMPLEMENTATION OF THE SOURCE TRACKING STUDY AND MITIGATION PLAN
REQUIRED UNDER SUBSECTION (F) OF THIS SECTION, A PERSON MAY APPLY SEWAGE
SLUDGE AND OTHER PRODUCTS DESCRIBED UNDER PARAGRAPH (1) OF THIS
SUBSECTION TO LAND:
  (I)   AT A RATE THAT DOES NOT EXCEED 3 DRY METRIC TONS
PER HECTARE ACRE; AND
  (II)   SUBJECT TO:
  1.
  THE SAME SETBACK REQUIREMENTS ESTABLISHED
IN REGULATION FOR CLASS B BIOSOLIDS; AND
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  WES MOORE, Governor  Ch. 329
  2.   ADDITIONAL SETBACKS FOR LAND APPLICATION
NEAR PUBLIC AND PRIVATE WATER SUPPLY WELLS DEVELOPED BY THE
DEPARTMENT AFTER CONSULTATION WITH ADJACENT LANDOWNERS AND COUNTY
AND MUNICIPAL OFFICIALS FROM EACH LOCAL JURISDICTION LOCATED WITHIN 1
MILE OF THE PROPERTY BOUNDARY.; AND
  3.   PARAGRAPH (3) OF THIS SUBSECTION.
  (3)AT LEAST 14 DAYS BEFORE LAND APPLYING SEWAGE SLUDGE
DESCRIBED UNDER PARAGRAPH (1) OF THIS SUBSECTION, THE LAND APPLIER
SHALL PROVIDE NOTICE OF THE CONCENTRATION OF REGULATED PFAS IN THE
SEWAGE SLUDGE TO:
  (I)THE OWNER OR OPERATOR OF THE LAND ON WHICH THE
SEWAGE SLUDGE WILL BE APPLIED;
  (II)
  THE OWNER OF EACH PARCEL OF LAND ADJOINING THE
LAND TO WHICH THE SEWAGE SLUDGE WILL BE APPLIED; AND
  (III) THE LOCAL GOVERNMENT FOR EACH COUNTY AND
MUNICIPALITY IN WHICH THE LAND TO WHICH THE SEWAGE SLUDGE WILL BE
APPLIED IS LOCATED.
     (F)   (1)   THIS SUBSECTION APPLIES ONLY TO A SEWAGE SLUDGE
GENERATOR THAT PRODUCES SEWAGE SLUDGE THAT IS INTENDED FOR LAND
APPLICATION.
  (2) IF A SEWAGE SLUDGE GENERATOR DETERMINES, THROUGH
MONITORING PROTOCOLS ESTABLISHED UNDER SUBSECTION (G) OF THIS SECTION,
THAT ITS SEWAGE SLUDGE HAS A TOTAL CONCENTRATION OF PFAS THAT IS EQUAL
TO OR GREATER THAN 25 PARTS PER BILLION, THE SEWAGE SLUDGE GENERATOR
SHALL:
  (I)   COMPLETE A SOURCE TRACKING STUDY IN ACCORDANCE
WITH PARAGRAPH (3) OF THIS SUBSECTION; AND
  (II)DEVELOP A MITIGATION PLAN IN ACCORDANCE WITH
PARAGRAPH (4) OF THIS SUBSECTION.
  (3)   A
  SOURCE TRACKING STUDY CONDUCTED UNDER THIS
SUBSECTION SHALL BE DESIGNED TO DETERMINE THE CONTRIBUTIONS OF
SOURCES OF PFOS AND PFOA TO THE WASTEWATER TREATMENT SYSTEM WITH
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Ch. 329  2026 LAWS OF MARYLAND
SUFFICIENT SPECIFICITY TO ALLOW THE SEWAGE SLUDGE GENERATOR AND THE
DEPARTMENT TO REDUCE OR PREVENT THE RELEASE OF PFOA AND PFOS FROM
CONTROLLABLE SOURCES IN ACCORDANCE WITH APPLICABLE LAW.
  (4)   (I)    A MITIGATION PLAN DEVELOPED UNDER THIS SUBSECTION
SHALL:
  1.     BE    DEVELOPED   IN   CONSULTATION   WITH   THE
DEPARTMENT;
  2.
  IDENTIFY SIGNIFICANT SOURCES OF PFOA AND
PFOS LOADING TO THE WASTEWATER TREATMENT SYSTEM;
  3.INCLUDE ACTIONS THAT THE SEWAGE SLUDGE
GENERATOR CAN IMPLEMENT, OR REQUIRE SOURCES OF PFOA AND PFOS
LOADING TO IMPLEMENT, TO REDUCE THE TOTAL CONCENTRATION OF REGULATED
PFAS TO LEVELS BELOW 25 PARTS PER BILLION;
  4.TAKE INTO CONSIDERATION INNOVATIVE SOLUTIONS
AND LONG–TERM MITIGATION APPROACHES, CONSISTENT WITH APPLICABLE LAWS,
REGULATIONS, AND OTHER REQUIREMENTS; AND
  5.     INCLUDE A REASONABLE TIMELINE, NOT TO EXCEED
2 YEARS 5 YEARS FROM THE DATE A DETERMINATION IS MADE UNDER PARAGRAPH
(2) OF THIS SUBSECTION, FOR IMPLEMENTING THE MITIGATION PLAN.
  (II)THE ELEMENTS AND STRATEGIES IDENTIFIED IN A
MITIGATION PLAN DEVELOPED UNDER THIS SUBSECTION MAY INCLUDE:
  1.     THE
  EXERCISE OF PRETREATMENT CONTROL
AUTHORITIES IN ACCORDANCE WITH SUBSECTION (H) OF THIS SECTION TO REDUCE
LOADING FROM INDUSTRIAL USERS;
  2.     THE INSTALLATION OF TREATMENT SOLUTIONS AT
POINTS OF ENTRY OR CONCENTRATION IN THE SANITARY SEWER SYSTEMS THAT
CONTAIN SIGNIFICANT LEVELS OF PFOS OR PFOA; OR
  3.THE INSTALLATION OF SYSTEM–SCALE TREATMENT
SOLUTIONS TO REDUCE THE TOTAL CONCENTRATION OF REGULATED PFAS TO
LEVELS BELOW 25 PARTS PER BILLION.
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  WES MOORE, Governor  Ch. 329
  (III) IF, DURING THE MONITORING PERIOD FOR WHICH THE
TOTAL CONCENTRATION OF PFAS WAS DETERMINED TO BE EQUAL TO OR GREATER
THAN 25 PARTS PER BILLION, THE INDIVIDUAL SAMPLES WERE WITHIN THE MARGIN
OF ERROR OR DETECTION LIMIT FOR THE LABORATORY PERFORMING THE SAMPLE
ANALYSIS, THE MITIGATION PLAN SHALL INCLUDE ADDITIONAL TESTING
REQUIREMENTS AND TIMELINES DEVELOPED IN CONSULTATION WITH THE
DEPARTMENT.
  (5) (I)   EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
PARAGRAPH, A SEWAGE SLUDGE GENERATOR SHALL SUBMIT A MITIGATION PLAN
REQUIRED UNDER THIS SUBSECTION TO THE DEPARTMENT WITHIN 6 MONTHS
AFTER COMPLETION OF THE SOURCE TRACKING STUDY REQUIRED UNDER THIS
SUBSECTION.
  (II) A SEWAGE SLUDGE GENERATOR MAY REQUEST AND THE
DEPARTMENT MAY GRANT A SINGLE EXTENSION ON THE DEVELOPMENT AND
SUBMISSION OF A MITIGATION PLAN UNDER THIS SUBSECTION BASED ON:
  1.   EXIGENT CIRCUMSTANCES; OR
  2.CONSIDERATIONS RELATED TO THE INVESTIGATION
AND DESIGN OF MANAGEMENT APPROACHES OR TREATMENT OPTIONS.
  (6)   (I) THE DEPARTMENT SHALL REVIEW EACH MITIGATION PLAN
SUBMITTED UNDER THIS SUBSECTION AND MAY APPROVE, DENY, OR SUGGEST
CHANGES TO THE MITIGATION PLAN.
  (II) IN REVIEWING A MITIGATION PLAN SUBMITTED UNDER THIS
SUBSECTION, THE DEPARTMENT SHALL CONSIDER THE COST OF IMPLEMENTING
MITIGATION OPTIONS.
  (7)   A SEWAGE SLUDGE GENERATOR:
  (I)   SHALL COMPLY WITH THE PROVISIONS OF AN APPROVED
MITIGATION PLAN; AND
  (II) MAY NOT APPLY SEWAGE SLUDGE OR A PRODUCT
CONTAINING SEWAGE SLUDGE TO LAND IF THE DEPARTMENT HAS DETERMINED
THAT THE GENERATOR IS OUT OF COMPLIANCE WITH THE PROVISIONS OF AN
APPROVED MITIGATION PLAN.
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Ch. 329  2026 LAWS OF MARYLAND
  (8)   THE    DEPARTMENTSHALL PROVIDE A SEWAGE SLUDGE
GENERATOR WITH REASONABLE TECHNICAL ASSISTANCE IN THE DEVELOPMENT OF
A SOURCE TRACKING STUDY AND MITIGATION PLAN UNDER THIS SUBSECTION.
     (G)  (1) (I)  FOR EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION, FOR THE PURPOSE OF ASSESSING COMPLIANCE WITH THE
REQUIREMENTS OF THIS SECTION, THE TOTAL CONCENTRATION OF REGULATED
PFAS IN SEWAGE SLUDGE OR A PRODUCT CONTAINING SEWAGE SLUDGE SHALL BE
DETERMINED BY TAKING THE AVERAGE OF SAMPLES TAKEN IN ACCORDANCE WITH
THIS SUBSECTION OVER THE IMMEDIATELY PRECEDING 12 MONTHS.
  (2)   (II)   EACH SAMPLE SHALL BE TAKEN:
  (I)    1.     DURING
  NORMAL  OPERATING   CONDITIONS,   AS
SPECIFIED IN DEPARTMENT REGULATIONS;
  (II)
  AT THE POINT WHERE SEWAGE SLUDGE LEAVES THE
WASTEWATER TREATMENT FACILITY; AND
  (III) 2. AT A FREQUENCY SPECIFIED BY THE DEPARTMENT IN
REGULATION, BUT NOT LESS THAN QUARTERLY.
  (2)ON OR BEFORE OCTOBER 1, 2027 FOR A PERIOD OF NOT MORE
THAN 12 MONTHS FOLLOWING THE DATE THAT COMMINGLING OPERATIONS BEGIN,
A COMMINGLING OPERATION MAY USE A MASS BALANCE CALCULATION TO
DETERMINE THE CONCENTRATION OF REGULATED PFAS IN THE COMMINGLED
PRODUCT.
  (3)(I)  SAMPLES SHALL BE ANALYZED USING A METHOD
APPROVED BY THE DEPARTMENT AND CONDUCTED BY A LABORATORY CERTIFIED
TO PERFORM THE METHOD AND SUBJECT TO A LABORATORY LEVEL OF
QUANTITATION FOR BIOSOLIDS ANALYSIS NOT TO EXCEED 2 PARTS PER BILLION:
  1.  USING THE U.S. ENVIRONMENTAL PROTECTION
AGENCY’S METHOD 1633A OR AN EQUIVALENT METHOD APPROVED BY THE
DEPARTMENT;
  2.     AT A CERTIFIED OR ACCREDITED LABORATORY; AND
  3.     SUBJECT TO A REPORTING LEVEL ESTABLISHED BY
THE DEPARTMENT.
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  WES MOORE, Governor  Ch. 329
  (II)    THE     DEPARTMENT  SHALL ASSIST SEWAGE SLUDGE
GENERATORS       IN     IDENTIFYING   QUALIFIED LABORATORIES UNDER THIS
PARAGRAPH.
  (4)    THE DEPARTMENT MAY ESTABLISH ADDITIONAL MONITORING
REQUIREMENTS FOR MATERIALS BLENDED COMMINGLED IN ACCORDANCE WITH
SUBSECTION (D) OF THIS SECTION.
     (H)   (1)    IN ACCORDANCE WITH THE FEDERAL CLEAN WATER ACT, THE
DEPARTMENT AND PRETREATMENT AUTHORITIES MAY ESTABLISH PRETREATMENT
STANDARDS  FOR   INDUSTRIAL  USERS   THAT    DISCHARGE   PER–  AND
POLYFLUOROALKYL SUBSTANCES AT LEVELS THAT EXCEED ACTION LEVELS
ESTABLISHED BY THE DEPARTMENT OR THE PRETREATMENT AUTHORITY UNDER
AN INDUSTRIAL PRETREATMENT PROGRAM.
  (2)IF A PUBLICLY OWNED TREATMENT WORKS DOES NOT HAVE AN
INDUSTRIAL PRETREATMENT PROGRAM, AND IT IS DETERMINED THAT SEWAGE
SLUDGE PRODUCED FOR LAND APPLICATION BY THE PUBLICLY OWNED TREATMENT
WORKS HAS A TOTAL CONCENTRATION OF REGULATED PFAS EQUAL TO OR
GREATER THAN 25 PARTS PER BILLION, THE DEPARTMENT SHALL, IN
CONSULTATION WITH THE PUBLICLY OWNED TREATMENT WORKS, DEVELOP
DISCHARGE PERMITS FOR INDUSTRIAL USERS IN A MANNER CALCULATED TO
ESTABLISH LOCAL LIMITS FOR PER– AND POLYFLUOROALKYL SUBSTANCES
CONSISTENT WITH EXISTING AUTHORITIES UNDER THE FEDERAL CLEAN WATER
ACT EVALUATE THE CONTRIBUTION FROM INDUSTRIAL USERS AND DETERMINE
APPROPRIATE CONTROLS TO MEET APPLICABLE STANDARDS.
  (3)    THE DEPARTMENT SHALL:
  (I)     ISSUE
  GUIDANCE TO SUPPORT PUBLICLY  OWNED
TREATMENT WORKS IN THE IMPLEMENTATION OF THIS SUBSECTION; AND
  (II)    PROVIDE
  REASONABLE TECHNICAL ASSISTANCE AS
REQUESTED BY LOCAL JURISDICTIONS IN THE EXERCISE OF LOCAL LIMITS
AUTHORITY UNDER THE FEDERAL CLEAN WATER ACT.
  (4) A LOCAL JURISDICTION OR A PRETREATMENT AUTHORITY MAY
SET APPROPRIATE RATES AND FEES FOR INDUSTRIAL USERS, INDIVIDUALLY OR AS
A CLASS, THAT ARE DETERMINED TO DISCHARGE PER– AND POLYFLUOROALKYL
SUBSTANCES INTO THE WASTEWATER TREATMENT SYSTEM AT LEVELS THAT
NECESSITATE THE IMPLEMENTATION OF MITIGATION MEASURES.
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Ch. 329  2026 LAWS OF MARYLAND
  (5)   THIS SECTION MAY NOT BE INTERPRETED TO LIMIT THE
AUTHORITY OF A LOCAL JURISDICTION OR A PRETREATMENT AUTHORITY TO SET
LOCAL LIMITS THAT LEAD TO REDUCTIONS OF PER– AND POLYFLUOROALKYL
SUBSTANCES THAT EXCEED THE REDUCTIONS REQUIRED UNDER THIS SECTION.
     (I) ALL SEWAGE SLUDGE GENERATORS ARE ENCOURAGED TO IDENTIFY
POTENTIAL SOURCES OF PFOA AND PFOS LOADING TO THEIR WASTEWATER
TREATMENT SYSTEMS AND TO TAKE STEPS TO REDUCE THE TOTAL CONCENTRATION
OF REGULATED PFAS IN THE SEWAGE SLUDGE PRODUCED BY THOSE SYSTEMS.
      SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2026.
Approved by the Governor, April 28, 2026.
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