§9–303.5.    IN EFFECT

    // EFFECTIVE UNTIL SEPTEMBER 30, 2036 PER CHAPTERS 474 AND 475 OF 2025 //

    (a)    (1)    In this section the following words have the meanings indicated.

        (2)    “Aquifer” means a geologic formation, group of formations, or part of a formation that is capable of yielding a significant amount of water to a well or spring.

        (3)    “Confined aquifer” means an aquifer under pressure from a relatively impervious layer of material laying above the aquifer.

        (4)    “Demonstration facility” means an advanced water treatment facility approved under a managed aquifer recharge permit to treat reclaimed water for use as a source for testing groundwater augmentation.

        (5)    “Groundwater augmentation” means the injection of reclaimed water into an aquifer for any purpose that is not discharge.

        (6)    “Hazardous substance” has the meaning stated in § 7–201 of this article.

        (7)    “Managed aquifer recharge permit” means a permit issued by the Department for groundwater augmentation.

        (8)    “Pilot Program” means the Managed Aquifer Recharge Pilot Program.

    (b)    Except as otherwise provided in this section, a person may not perform groundwater augmentation.

    (c)    There is a Managed Aquifer Recharge Pilot Program in the Department.

    (d)    (1)    The purpose of the Pilot Program is to authorize, regulate, and evaluate the use of treated reclaimed water as a source for groundwater augmentation through managed aquifer recharge permits.

        (2)    The Department may not issue more than one managed aquifer recharge permit under the Pilot Program.

    (e)    The Department may review, permit, and regulate groundwater augmentation through a managed aquifer recharge permit if the Department determines that:

        (1)    The groundwater augmentation will address a groundwater supply or quality problem that is occurring or reasonably anticipated to occur in the next 25 years, including land subsidence or saltwater intrusion;

        (2)    The proposed location of the demonstration facility is suitable for long–term implementation of groundwater augmentation;

        (3)    The reclaimed water will be treated at the demonstration facility to meet or surpass the following requirements:

            (i)    Primary and secondary maximum contaminant levels established by the U.S. Environmental Protection Agency or the Department;

            (ii)    At least three separate treatment processes that include:

                1.    Oxidation treatment;

                2.    Treatment for removal of pathogens that, in total, meets or exceeds:

                A.    12 log for enteric virus reduction;

                B.    10 log for Giardia cyst reduction; and

                C.    10 log Cryptosporidium oocyst reduction; and

                3.    For groundwater augmentation in a confined aquifer:

                A.    Reverse osmosis; and

                B.    Treatment to ensure that total organic carbon does not exceed 0.5 milligrams per liter based on a 20–week running average of all total organic carbon results and the average of the four most recent total organic carbon test results; and

            (iii)    Treatment for removal of any hazardous substance in the reclaimed water that does not have a maximum contaminant level or effluent limit established by the U.S. Environmental Protection Agency or the Department to a quantitative level that is based on public health criteria;

        (4)    The reclaimed water will undergo testing and reporting to verify that the requirements of this subsection are met;

        (5)    The applicant has conducted an analysis to evaluate alternatives to groundwater augmentation;

        (6)    The applicant has in place a detailed testing and monitoring plan to demonstrate facility performance and groundwater compatibility during groundwater augmentation, including alternative methods of use or discharge when the injection parameters are not met;

        (7)    The applicant has identified all wells that withdraw water from within 2 years of travel time for the water from the location where groundwater augmentation is proposed and has evaluated the potential impact to those wells;

        (8)    The applicant has identified all industrial users that discharge to the sewerage system from which the reclaimed water is received and the pollutants in each industrial user’s discharge;

        (9)    The applicant has performed a hydrogeological investigation that includes:

            (i)    A description of the geologic and hydrogeological setting of the portion of the aquifer that may be affected by groundwater augmentation;

            (ii)    A detailed description of the stratigraphy beneath the project;

            (iii)    A map of the existing hydrogeology and the hydrogeology anticipated as a result of the groundwater augmentation based on at least four rounds of consecutive quarterly monitoring;

            (iv)    A map showing quarterly groundwater elevation contours, vector flow directions, and calculated hydraulic gradients use at least four rounds of consecutive quarterly monitoring;

            (v)    A map showing the location and boundaries of the project and the zone of potential drinking water well construction; and

            (vi)    A summary of the results from at least four groundwater samples with at least one sample collected during each quarter from each potentially affected aquifer that includes total nitrogen, total organic carbon, and an analysis of any other constituent requested by the Department;

        (10)    The applicant has submitted a mitigation plan to address environmental and safe drinking water risks that includes a plan to provide an alternative drinking water source to well users who may be affected by the groundwater augmentation on a temporary or permanent basis;

        (11)    The applicant identifies the locations where at least two monitoring wells will be installed that are not less than 14 days and not more than 180 days of travel time downgradient from the injection well and at least 30 days of travel time upgradient from the nearing drinking water well;

        (12)    The applicant submits a detailed operation and maintenance plan to the Department;

        (13)    The applicant gives the Department the right of entry on the permit site at any reasonable time to inspect or investigate for a violation or any potential violation of the managed aquifer recharge permit;

        (14)    The process includes appropriate record–keeping requirements; and

        (15)    The process complies with all other applicable statutory and regulatory requirements.

    (f)    (1)    The Department may include in a managed aquifer recharge permit any term, condition, or requirement that the Department considers appropriate to protect public health or the environment.

        (2)    The requirements of a managed aquifer recharge permit are supplemental to and do not override any other law, regulation, permit, order, or decree.

        (3)    The provisions of Title 1, Subtitle 6 of this article shall govern the issuance of managed aquifer recharge permits.

        (4)    In addition to the notice required in Title 1, Subtitle 6 of this article, an applicant shall send written notice of the application for a managed aquifer recharge permit to each owner of a property containing a well identified in subsection (e)(7) of this section.

        (5)    A managed aquifer recharge permit shall include a requirement to:

            (i)    Initiate a tracer study within 3 months after the date on which injections begin in order to verify the reclaimed water’s retention time in the aquifer under hydraulic conditions that are representative of normal operations at the demonstration facility; and

            (ii)    Submit the results of the tracer study to the Department as soon as practicable after the completion of the tracer study.

    (g)    The Department shall accept applications for managed aquifer recharge permits from January 2, 2026, to January 3, 2028, both inclusive.

    (h)    A successful application for a managed aquifer recharge permit shall:

        (1)    Demonstrate to the satisfaction of the Department:

            (i)    The ability to comply with the requirements of this section;

            (ii)    The applicant’s available funding for the construction and operation of the demonstration facility and implementation of any contingency or emergency plan;

            (iii)    The technical and administrative capacity to comply with the permit; and

            (iv)    That all necessary planning and engineering design is complete; and

        (2)    Include any additional information requested by the Department.

    (i)    The Department may refuse to issue a managed aquifer recharge permit if:

        (1)    The applicant fails to provide any information requested by the Department;

        (2)    The applicant fails or refuses to allow the Department to inspect the permit site;

        (3)    The Department finds that issuance of the permit would violate any State or federal law or any regulation adopted under any State or federal law;

        (4)    The source of the reclaimed water fails to comply with any State or federal law, any regulation adopted under any State or federal law, or any permit;

        (5)    The applicant fails to demonstrate compliance with this section to the Department’s satisfaction; or

        (6)    The Department finds that the proposed groundwater augmentation may create an unreasonable risk to public health, safety, or the environment.

    (j)    (1)    A managed aquifer recharge permit issued under the Pilot Program shall be effective for 5 years from the date of issuance.

        (2)    The Department may renew a managed aquifer recharge permit for an additional period of 5 years following administrative review by the Department and subject to the provisions of Title 1, Subtitle 6 of this article.

    (k)    The Department may revoke a managed aquifer recharge permit if the Department finds that:

        (1)    The application included false or inaccurate information;

        (2)    Conditions or requirements of the permit have been or are about to be violated;

        (3)    Substantial deviation from plans, specifications, or requirements has occurred or is about to occur;

        (4)    The Department is refused entry to any premises for the purpose of inspection to ensure compliance with the permit;

        (5)    A change in conditions exists that requires the permanent reduction or elimination of the use of groundwater augmentation;

        (6)    There is any noncompliance with a discharge permit, pretreatment standard, or pretreatment requirement that may affect the reclaimed water in any manner;

        (7)    Any State or federal water quality standard or effluent limitation has been or is threatened to be violated;

        (8)    Any State or federal requirement established under the federal Safe Drinking Water Act, this subtitle, Subtitle 4 of this title, or Title 12 of this article has been or is threatened to be violated; or

        (9)    The treated reclaimed water may threaten public health, safety, comfort, or the environment.

    (l)    (1)    On or before September 1 each year, each holder of a managed aquifer recharge permit shall report to the Department on:

            (i)    The applied scientific results of any demonstration facility or groundwater augmentation activities undertaken under the Pilot Program; and

            (ii)    Any recommendations for the Pilot Program based on the holder’s experience in the Pilot Program.

        (2)    On or before December 31, 2028, and each December 31 thereafter, the Department shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on:

            (i)    The status of the Pilot Program;

            (ii)    Any scientific results and recommendations reported under paragraph (1) of this subsection;

            (iii)    Whether the Pilot Program should be modified, extended, or made permanent; and

            (iv)    Any statutory or regulatory changes that the Department recommends to permanently authorize the regulated use of treated reclaimed water as a source for groundwater augmentation, if appropriate.

    (m)    The Department may adopt regulations to carry out this section.