MARVIN MANDEL, Governor                       3167

Letter from Department of Natural Resources on
House Bill 1683

May 23, 1974.
Mr. Alan Wilner
Legislative Office
State House
Annapolis, Maryland 21404

Dear Alan:

House Bill No. 1683, introduced by the Charles
County delegation and enacted by the 1974 Maryland
General Assembly, amends Section 49A(a) of Article 9 of
the Public Local Laws of Maryland. Your attention is
invited to lines 76, 77, and 78 of Section 1 of the bill,
which have the effect of including sewage among the
"solid wastes" which may not be transported into Charles
County without obtaining a permit from the county
commissioners.

The term "solid wastes" is defined in Section
387C(a) of Article 43 and Section 3-101(n) of the Natural
Resources Article. The two definitions differ slightly
in wording but agree that "solid wastes" are "all waste
materials other than gaseous and liquid wastes." The
definition in the Natural Resources Article specifically
includes "wastewater treatment residue," or sludge. The
term "liquid waste" is defined in Section 3—101(j) of the
Natural Resources Article as "any water—carried wastes or
wastes which are liquid in nature..." Nowhere in the
Maryland statutes do we find a formal definition of the
word "sewage," but the wording of numerous sections of
the Code clearly implies the liquid nature of the
material.

We believe that the designation of sewage as a solid
waste is not only completely illogical but counter to the
intention of the General Assembly. Chapter 240 of the
1970 Acts (now codified as Subtitle 1 of Title 3 of the
Natural Resources Article) created the Maryland
Environmental Service and clearly enunciated legislative
policy relating to liquid and solid wastes. As with
other significant environmental legislation enacted
during Governor Mandel's administration, much serious
consideration was given during hearings on the bill
(Senate Bill 382) to the balance of State and local
authority. As a compromise agreed to by the
administration and the Maryland Association of Counties,
the bill was amended in the Senate to provide that:

(1) The Maryland Environmental Service must
obtain express consent of the governing body to dispose