Environment - Water Resources and Wetlands - Enforcement

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0108*

SENATE BILL 108
M3 6lr0067
(PRE–FILED) CF HB 250
By: Chair, Education, Energy, and the Environment Committee (By Request –
Departmental – Environment)
Requested: September 25, 2025
Introduced and read first time: January 14, 2026
Assigned to: Education, Energy, and the Environment
Committee Report: Favorable with amendments
Committee amendments withdrawn, February 20, 2026
Senate action: Adopted with substitute committee amendments, February 21, 2026, and
floor amendments
Read second time: February 23, 2026

CHAPTER ______

AN ACT concerning 1

Environment – Water Resources and Wetlands – Enforcement 2

FOR the purpose of authorizing the Department of the Environment to impose an 3
administrative penalty for certain violations related to the appropriation or use of 4
water and dam safety; repealing a certain limitation on the Department’s authority 5
to issue c ertain orders and send certain notices related to dam safety; authorizing 6
the Department to impose an administrative penalty for certain violations related to 7
wetlands construction, modification, or development; requiring the Department to 8
take certain act ions before imposing certain civil or administrative penalties; 9
requiring certain administrative penalties to be paid into the Maryland Clean Water 10
Fund; and generally relating to the enforcement authority of the Department of the 11
Environment. 12

BY repealing and reenacting, with amendments, 13
Article – Environment 14
Section 5–514 through 5–516 15
Annotated Code of Maryland 16
(2013 Replacement Volume and 2025 Supplement) 17

BY repealing and reenacting, without amendments, 18
Article – Environment 19
2 SENATE BILL 108

Section 9–320(a) and (c) 1
Annotated Code of Maryland 2
(2014 Replacement Volume and 2025 Supplement) 3

BY repealing and reenacting, with amendments, 4
Article – Environment 5
Section 9–320(b) and 16–502 6
Annotated Code of Maryland 7
(2014 Replacement Volume and 2025 Supplement) 8

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 9
That the Laws of Maryland read as follows: 10

Article – Environment 11

5–514. 12

(a) (1) In addition to being subject to an injunctive action under this subtitle, 13
a person who violates any provision of this subtitle or any regulation, order, or permit 14
adopted or issued under this subtitle is liable for a civil penalty not exceeding $10,000 per 15
violation to be collected in a civil action brought by the Department. 16

(2) Each day a violation occurs or continu es is a separate violation under 17
this subsection. 18

(3) (i) Before bringing a civil action against a local government under 19
this subsection, the Department shall meet and consult with the local government to seek 20
an alternative resolution to the contested issue. 21

(ii) Prior consultation by the Department with the local government 22
shall constitute compliance with this subsection. 23

(b) A person who violates a provision of this subtitle or a regulation adopted under 24
this subtitle is subject to the penalties provided in § 9–343 of this article. 25

(C) (1) IN ADDITION TO ANY OTHER REMEDIES AVAILABLE AT LAW OR IN 26
EQUITY AND AFTER AN OPPORTUNITY FOR A HE ARING, WHICH MAY BE WAIVED IN 27
WRITING BY THE PERSO N ACCUSED OF A VIOLA TION, THE DEPARTMENT MAY 28
IMPOSE A PENALTY FOR VIOLATION OF ANY PROVISION OF THI S SUBTITLE OR ANY 29
REGULATION, ORDER, OR PERMIT ADOPTED OR ISSUED UNDER THIS SUBTITLE. 30

(2) THE PENALTY IMPOSED O N A PERSON UNDER THI S SUBSECTION 31
SHALL BE: 32

(I) UP TO $5,000 FOR EACH VIOLATION, BUT NOT EXCEEDING 33
$100,000 TOTAL; AND 34
SENATE BILL 108 3

(II) ASSESSED WITH CONSIDERATION GIVEN TO: 1

1. THE WILLFULNESS OF TH E VIOLATION, THE EXTENT 2
TO WHICH THE EXISTENCE OF THE VIOLATION WAS KNOWN TO BUT UNCORRECTED 3
BY THE VIOLATOR , AND THE EXTENT TO WH ICH THE VIOLATOR EXE RCISED 4
REASONABLE CARE; 5

2. ANY ACTUAL HARM TO TH E ENVIRONMENT OR TO 6
HUMAN HEALTH , INCLUDING INJURY TO OR IMPAIRMENT OF THE USE OF THE 7
WATERS OF THE STATE OR THE NATURAL RESOURCES OF THE STATE; 8

3. THE COST OF CLEANUP A ND THE COST OF 9
RESTORATION OF NATURAL RESOURCES; 10

4. THE NATURE AND DEGREE OF INJURY TO OR 11
INTERFERENCE WITH GENERAL WELFARE, HEALTH, AND PROPERTY; 12

5. THE EXTENT TO WHICH T HE LOCATION OF THE 13
VIOLATION, INCLUDING LOCATION N EAR WATERS OF THE STATE OR AREAS OF 14
HUMAN POPULATION, CREATES THE POTENTIAL FOR HARM TO THE ENVIRONMENT 15
OR TO HUMAN HEALTH OR SAFETY; 16

6. THE AVAILABLE TECHNOL OGY AND ECONOMIC 17
REASONABLENESS OF CONTROLLING, REDUCING, OR ELIMINATING THE VIOLATION; 18

7. THE DEGREE OF HAZARD OR HARM POSED BY THE 19
VIOLATION; AND 20

8. THE EXTENT TO WHICH T HE CURRENT VIOLATION IS 21
PART OF A RECURRENT PATTERN OF THE SAME OR SIMILAR TYPE OF V IOLATION 22
COMMITTED BY THE VIOLATOR; AND 23

9. THE DEGREE OF COOPERA TION WITH THE 24
DEPARTMENT AFTER BEIN G NOTIFIED OF THE VI OLATION AND ANY GOOD FAITH 25
EFFORTS TO ADDRESS THE VIOLATION. 26

(3) EACH DAY A VIOLATION EXISTS IS A SEPARATE VIOLATION UNDER 27
THIS SUBSECTION. 28

(4) ANY PENALTY IMPOSED UNDER THIS SUBSECTION IS PAYABLE TO 29
THE STATE AND COLLECTIBLE IN ANY MANNER PROVID ED AT LAW FOR THE 30
COLLECTION OF DEBTS. 31
4 SENATE BILL 108

(5) IF ANY PERSON WHO IS LIABLE TO PAY A PENA LTY IMPOSED 1
UNDER THIS SUBSECTIO N FAILS TO PAY THE P ENALTY AFTER DEMAND , THE 2
AMOUNT, TOGETHER WITH INTEREST AND ANY COSTS THAT MAY ACCRUE, SHALL BE 3
A LIEN IN FAVOR OF THE STATE ON ANY: 4

(I) REAL PROPERTY OF THE PERSON WHEN RECORDED WITH 5
THE CLERK OF THE CIR CUIT COURT FOR THE COUNTY IN WHICH THE PROPERTY IS 6
LOCATED; AND 7

(II) PERSONAL PROPERTY OF THE PERSON WHEN ATTA CHED 8
AND LEVIED BY THE STATE IN ACCORDANCE WITH THE MARYLAND RULES. 9

(D) BEFORE TAKING ANY CIVIL OR ADMINISTRATIVE ACTION TO RECOVER A 10
PENALTY UNDER SUBSEC TION (A) OR (C) OF THIS SECTION , THE DEPARTMENT 11
SHALL: 12

(1) PROVIDE THE PERSON AL LEGED TO HAVE VIOLAT ED THIS 13
SUBTITLE WITH WRITTE N NOTICE OF THE PROP OSED PENALTY AND A N 14
OPPORTUNITY FOR AN I NFORMAL MEETING CONC ERNING SETTLEMENT OF THE 15
PROPOSED CIVIL OR ADMINISTRATIVE PENALTY; 16

(2) USE DISCRETION TO DET ERMINE WHETHER A FOR MAL 17
ENFORCEMENT ACTION UNDER THIS SECTION IS APPROPRIATE; AND 18

(3) IF APPLICABLE , REVIEW ANY GOO D FAITH APPLICATION FROM 19
THE PERSON, OR AN AUTHORIZED REPRESENTATIVE OF THE P ERSON, FOR A LOAN 20
FROM THE PRIVATE DAM REPAIR FUND. 21

[(c)] (D) (E) (1) Except as provided in paragraph (2) of this subsection, all funds 22
collected by the Department under this section, including any civil [penalty] OR 23
ADMINISTRATIVE PENALTIES or any fine imposed by a court under the provisions of this 24
section, shall be paid into the Maryland Clean Water Fund. 25

(2) Funds collected by the Department under this section relating to an 26
unsafe condition shall be paid into the Private Dam Repair Fund. 27

5–515. 28

(a) After or concurrently with the service of a complaint under this su btitle 29
[relating to water appropriation and use], the Department may: 30

(1) Issue an order that requires the person to whom the order is directed to 31
take corrective action within a time set in the order; 32

SENATE BILL 108 5

(2) Send a written notice that requires the pers on to whom the notice is 1
directed to file a written report about the alleged violation; or 2

(3) Send a written notice that requires the person to whom the notice is 3
directed: 4

(i) To appear at a hearing before the Department at a time and place 5
the Department sets to answer the charges in the complaint; or 6

(ii) To file a written report and also to appear at a hearing before the 7
Department at a time and place the Department sets to answer the charges in the 8
complaint. 9

(b) Any order issued under this section is effective immediately, according to its 10
terms, when it is served. 11

5–516. 12

(a) The Department shall give notice and hold any hearing related to orders 13
imposed under [the water appropriation and use provisions of] this subtitle in accordance 14
with the Administrative Procedure Act. 15

(b) (1) Within 10 days after being served with an order under § 5–515(a)(1) of 16
this subtitle, the person served may request in writing a hearing before the Department. 17

(2) (i) Subject to subparagraph (ii) of this paragraph, if a request for a 18
hearing on an order is made under this subsection, the Department shall: 19

1. Hold the hearing promptly after receiving the request; and 20

2. Render a decision promptly after the hearing. 21

(ii) If a request for a hearing on an order is made under this 22
subsection and the Department alleges in the order that there is an imminent threat or 23
danger to the public health or safety or to the environment, the Department shall: 24

1. Hold the hearing within 10 days after receiving the 25
request; and 26

2. Render a decision within 10 days after the hearing. 27

(c) Within 10 days after being served with a notice under § 5 –515(a)(2) of this 28
subtitle, the person served may request in writing a hearing before the Department. 29

(d) The Department may make a verbatim record of the proceedings of any 30
hearing held under this subtitle. 31

6 SENATE BILL 108

(e) (1) In connection with any hearing under this subtitle, the Department 1
may: 2

(i) Subpoena any person or evidence; and 3

(ii) Order a witness to give evidence. 4

(2) A subpoenaed witness shall receive the same fees and mileage 5
reimbursement as if the hearing were part of a civil action. 6

(3) If a person fails to comply with a subpoena or order issued under this 7
subsection, on petition of the Department, a circuit court, by order, may: 8

(i) Compel obedience to the Department’s order or subpoena; or 9

(ii) Compel testimony or the production of evidence. 10

(4) The court may punish as contempt any failure to obey its order issued 11
under this section. 12

9–320. 13

(a) There is a Maryland Clean Water Fund. 14

(b) Except as provided in § 9–303.4 of this subtitle, the following payments shall 15
be made into the Maryland Clean Water Fund: 16

(1) All application fees, permit fees, renewal fees, and fund s collected by 17
the Department under this subtitle, including any civil or administrative penalty or any 18
fine imposed by a court under the provisions of this subtitle; 19

(2) [Any] WITH THE EXCEPTION OF PENALTIES AND FINES REQUIRED 20
TO BE PAID INTO THE PRIVATE DAM REPAIR FUND, ANY civil OR ADMINISTRATIVE 21
penalty or any fine imposed by a court under the provisions of Title 5, Subtitle 5 of this 22
article [relating to water appropriation and use]; 23

(3) Any civil or administrative penalty or any fine imposed by a court under 24
the provisions of Title 4, Subtitle 1 of this article; 25

(4) Any fees or funds that the Department collects under Subtitle 2, Part 26
III of this title and §§ 9–269 and 9–270 of this title and any civil or administrative penalty 27
or fine imposed by a court under the provisions of Subtitle 2 of this title; 28

(5) Any fees or funds that the Department collects under Subtitle 24 of this 29
title and any civil or administrative penalty or fine imposed by a court under the provisions 30
of Subtitle 24 of this title; and 31

SENATE BILL 108 7

(6) Any other fees legally authorized to be paid into the Maryland Clean 1
Water Fund. 2

(c) The Department shall use the Maryland Clean Water Fund for activities that 3
are related to: 4

(1) The identification, monitoring, and regulation of the proper discharge 5
of effluent into the waters of the State including program development of these activities 6
as provided by the State budget; 7

(2) The management, conservation, protection, and preservation of the 8
State’s groundwater and surface water including program development of these activities 9
as provided by the State budget; 10

(3) Correcting to the extent possible the failure to implement or maintain 11
erosion and sediment controls; 12

(4) Administration of the sediment control program; 13

(5) Emergency removal of sewage sludge or mitigation of the effect of any 14
utilization of sewage sludge that the Department finds: 15

(i) Endangers public health, safety, or welfare; or 16

(ii) Endangers or damages natural resources; 17

(6) Activities that are: 18

(i) Conducted by the Department, by a local health official, or by the 19
local health official’s designee under § 9–243(e) of this title; 20

(ii) Related to identifying, monitoring, or regulating the utilization 21
of sewage sludge, including program development; and 22

(iii) Conducted by the Department under Subtitle 24 of this title; and 23

(7) Providing supplemental inspections and monitoring of sewage sludge 24
utilization sites by: 25

(i) Contracting with a county on request of that county to provide 26
supplemental inspections and monitoring; and 27

(ii) Limiting the value of services provided under the contract to no 28
more than 45% of the generator fees for slu dge utilized in that county that is generated 29
outside of that county or service area. 30

16–502. 31
8 SENATE BILL 108

(a) (1) A person who violates any provision of this title or any regulation, 1
permit, license, or order issued under this title shall be liable for a penalty no t exceeding 2
$10,000, which may be recovered in a civil action. 3

(2) In imposing a penalty under this subsection, the court may consider the 4
factors in § 9–342(b)(2)(ii) of this article and any other relevant factors. 5

(3) EACH DAY A VIOLATION EXISTS IS A SEPARATE VIOLATION UNDER 6
THIS SUBSECTION. 7

(b) The circuit court may issue an injunction requiring the person to cease the 8
violation and restore the area unlawfully dredged or filled. 9

(c) Before taking any civil action to recover a penalty under subsection (a) of this 10
section, the Department shall provide the person alleged to have violated this title with 11
written notice of the proposed penalty and an opportunity for an informal meeting 12
concerning settlement of the proposed civil action. 13

(D) (1) IN ADDITION TO ANY OTHER REMEDIES AVAILABLE AT LAW OR IN 14
EQUITY AND AFTER AN OPPORTUNITY FOR A HE ARING, WHICH MAY BE WAIVED IN 15
WRITING BY THE PERSO N ACCUSED OF A VIOLA TION, THE DEPARTMENT MAY 16
IMPOSE A PENALTY FOR VIOLATION OF ANY PRO VISION OF THIS TITLE OR ANY 17
REGULATION, ORDER, OR PERMIT ADOPTED OR ISSUED UNDER THIS TITLE. 18

(2) THE PENALTY IMPOSED O N A PERSON UNDER THI S SUBSECTION 19
SHALL BE: 20

(I) UP TO $5,000 FOR EACH VIOLATION, BUT NOT EXCEEDING 21
$100,000 TOTAL; AND 22

(II) ASSESSED WITH CONSIDERATION GIVEN TO: 23

1. THE WILLFULNESS OF TH E VIOLATION, THE EXTENT 24
TO WHICH THE EXISTENCE OF THE VIOLATION WAS KNOWN TO BUT UNCORRECTED 25
BY THE VIOLATOR , AND THE EXTENT TO WH ICH THE VIOLATOR EXE RCISED 26
REASONABLE CARE; 27

2. ANY ACTUAL HARM TO TH E ENVIRONMENT OR TO 28
HUMAN HEALTH , INCLUDING INJURY TO OR IMPAIRMENT OF THE USE OF THE 29
WATERS OF THE STATE OR THE NATURAL RESOURCES OF THE STATE; 30

3. THE COST OF CLEANUP A ND THE COST OF 31
RESTORATION OF NATURAL RESOURCES; 32

SENATE BILL 108 9

4. THE NATURE AND DEGREE OF INJURY TO OR 1
INTERFERENCE WITH GENERAL WELFARE, HEALTH, AND PROPERTY; 2

5. THE EXTENT TO WHICH T HE LOCATION OF THE 3
VIOLATION, INCLUDING LOCATION N EAR WATERS OF THE STATE OR AREAS OF 4
HUMAN POPULATION, CREATES THE POTENTIAL FOR HARM TO THE EN VIRONMENT 5
OR TO HUMAN HEALTH OR SAFETY; 6

6. THE AVAILABLE TECHNOL OGY AND ECONOMIC 7
REASONABLENESS OF CONTROLLING, REDUCING, OR ELIMINATING THE VIOLATION; 8

7. THE DEGREE OF HAZARD POSED BY THE PARTICULAR 9
POLLUTANT OR POLLUTANTS INVOLVED; AND 10

8. THE EXTENT TO WHICH T HE CURRENT VIOLATION IS 11
PART OF A RECURRENT PATTERN OF THE SAME OR SIMILAR TYPE OF V IOLATION 12
COMMITTED BY THE VIOLATOR; AND 13

9. THE DEGREE OF COOPERA TION WITH THE 14
DEPARTMENT AFTER BEIN G NOTIFIED OF THE VI OLATION AND ANY GOOD FAITH 15
EFFORTS TO ADDRESS THE VIOLATION. 16

(3) EACH DAY A VIOLATION EXISTS IS A SEPARATE VIOLATION UNDER 17
THIS SUBSECTION. 18

(4) ANY PENALTY IMPOSED UNDER THIS SUBSECTION IS PAYABLE TO 19
THE STATE AND COLLECTIBLE IN ANY MANNER PROVID ED AT LAW FOR THE 20
COLLECTION OF DEBTS. 21

(5) IF ANY PERSON WHO IS LIABLE TO PAY A PENALTY IMP OSED 22
UNDER THIS SUBSECTIO N FAILS TO PAY THE P ENALTY AFTER DEMAND , THE 23
AMOUNT, TOGETHER WITH INTEREST AND ANY COSTS THAT MAY ACCRUE, SHALL BE 24
A LIEN IN FAVOR OF THE STATE ON ANY: 25

(I) REAL PROPERTY OF THE PERSON WHEN RECORDED WITH 26
THE CLERK OF THE CIR CUIT COURT FOR THE COUNTY IN WHICH THE PROPERTY IS 27
LOCATED; AND 28

(II) PERSONAL PROPERTY OF THE PERSON WHEN ATTA CHED 29
AND LEVIED BY THE STATE IN ACCORDANCE WITH THE MARYLAND RULES. 30

(D) Before taking any civil OR ADMINISTRATIVE action to recover a penalty 31
under subsection (a) OR (C) of this section, the Department shall: 32

10 SENATE BILL 108

(1) [provide] PROVIDE the person alleged to have violated this title with 1
written notice of the proposed penalty and an opportunity for an informal meeting 2
concerning settlement of the proposed civil OR ADMINISTRATIVE action; AND 3

(2) USE DISCRETION TO DET ERMINE WHETHER A FOR MAL 4
ENFORCEMENT ACTION UNDER THIS SECTION IS APPROPRIATE. 5

SECTION 2. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 6
the application of any provision of this Act to any person or circumstance is held invalid for 7
any reason in a court of competent jurisdiction, the invalidity does not affect other 8
provisions or any other application of this Act th at can be given effect without the invalid 9
provision or application, and for this purpose the provisions of this Act are declared 10
severable. 11

SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 12
July 1, 2026. 13

Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.