Water Pollution Control - Discharge Permits - Animal Feeding Operations, the official text

WES MOORE, Governor       Ch. 253

Chapter 253

                                    (Senate Bill 371)

AN ACT concerning

Water Pollution Control – Discharge Permits – Concentrated Animal Feeding
                                                   Operations

FOR the purpose of repealing a requirement that certain provision of law requiring a person
         to hold a concentrated animal feeding operation (CAFO) general discharge permit
         issued by the Department of the Environment before the person may begin
         construction on any part of a new CAFO; authorizing the Department, under certain
         circumstances, to authorize a person to begin construction on any part of a new
         animal feeding operation under a certain approval process established by the
         Department; and generally relating to the discharge of pollutants into the waters of
         the State and concentrated animal feeding operations.

BY repealing and reenacting, with amendments,
         Article – Environment
         Section 9–323
         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

9–323.

        (a) [(1)] A EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION,
A person shall hold a discharge permit issued by the Department before the person may
construct, install, modify, extend, alter, or operate any of the following if its operation could
cause or increase the discharge of pollutants into the waters of this State:

                         [(i)] (1)  An industrial, commercial, or recreational facility or
disposal system;

             [(ii)] (2) A State–owned treatment facility; or

             [(iii)] (3) Any other outlet or establishment.

                [(2) A person shall hold a CAFO Discharge permit issued by the
Department before the person may begin construction on any part of a new CAFO.]

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Ch. 253  2026 LAWS OF MARYLAND

                (2) IF THE GENERAL DISCHARGE PERMIT FOR ANIMAL FEEDING
OPERATIONS IS ADMINISTRATIVELY EXTENDED BY THE DEPARTMENT, THE
DEPARTMENT MAY AUTHORIZE A PERSON TO BEGIN CONSTRUCTION ON ANY PART

OF A NEW ANIMAL FEEDING OPERATION UNDER AN APPROVAL PROCESS

ESTABLISHED BY THE DEPARTMENT THAT REQUIRES THE PERSON TO
DEMONSTRATE COMPLIANCE WITH:

                         (I) THE REQUIREMENTS FOR COVERAGE UNDER THE
ADMINISTRATIVELY EXTENDED GENERAL DISCHARGE PERMIT; AND

                         (II) ALL OTHER APPLICABLE LAWS AND REGULATIONS AND
REQUIRED CONSTRUCTION PERMITS.

         (b) By rule or regulation, the Department may require a discharge permit for any
other activity.

        [(c) The Department may not issue a CAFO Discharge permit to a person that
violates subsection (a)(2) of this section.]

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

Approved by the Governor, April 28, 2026.

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