ROBERT L. EHRLICH, JR., Governor                             Ch. 555

WHEREAS, The current well permit fee cap of $80 per well has been in effect
since 1984 and does not cover the expenses incurred by local health departments in
performing the work necessary to insure the protection of public health; now,
therefore,

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

Article - Environment

9-1307.

(a)     In applying for a permit to drill a well, the well driller shall give the
Department any information the Department requires.

(b)     As a condition to issuing a permit to drill a well, the Department may
require that samples of the materials encountered in drilling the well be preserved
and submitted to the Department.

(c)      (1) (I) A county board of health may establish a permit fee to defray
county expenses in inspecting and tooting wells, COLLECTING WATER SAMPLES, AND
ISSUING CERTIFICATES OF POTABILITY.

(II) FOR AN INTERIM CERTIFICATE OF POTABILITY, A COUNTY
BOARD OF HEALTH SHALL ACCEPT INITIAL TEST RESULTS PREPARED BY A PRIVATE
STATE CERTIFIED LABORATORY.

(2) (I) The fee may be charged before a permit required under §
9-1306 of this subtitle is issued.

(II) The fee may not exceed [$80] $180 $160 per well or [$80] $180
$160 per cluster of wells to be used exclusively to transfer heat to or from the ground
or groundwater.

(3) A permit shall be ISSUED WITHIN A REASONABLE PERIOD OF TIME
AFTER RECEIPT OF THE APPLICATION AND SHALL BE valid for a period of 12 months
from the date of issuance by the approved delegated permitting authority.

(d)     A county board of health may waive a fee for a well that is drilled to replace
a well not in conformity with the regulations adopted under § 9-1305 of this subtitle.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
July 1, 2004.

Approved May 26, 2004.

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