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ROBERT L. EHRLICH, JR., Governor H.B. 1588
4-302.1.
(A) FOR PURPOSES OF THIS SECTION, CONCENTRATIONS AND WEIGHTS OF
PHOSPHORUS AND NITROGEN SHALL BE CALCULATED ON A DAILY BASIS FOR THE
CALENDAR YEAR.
(B) ON OR BEFORE JANUARY 1, 2011 2012, UNLESS A MORE ADVANCED
UPGRADE OR UPGRADE SCHEDULE IS REQUIRED BY A STATE OR FEDERAL LAW OR
REGULATION, IF FUNDING IS AVAILABLE FROM THE BAY RESTORATION FUND, A
NONFEDERAL, PUBLICLY OWNED WASTEWATER TREATMENT PLANT THAT
DISCHARGES WASTEWATER INTO THE PATUXENT RIVER OR ANY OF ITS TRIBUTARIES
SHALL IMPLEMENT THE TECHNOLOGY NECESSARY TO REMOVE: DISCHARGES
WASTEWATER INTO THE PATUXENT RIVER OR ANY OF ITS TRIBUTARIES AND HAS A
DESIGN CAPACITY OF AT LEAST 500,000 GALLONS PER DAY SHALL UPGRADE TO
ENHANCED NUTRIENT REMOVAL, AS DEFINED UNDER § 9-1601 OF THIS ARTICLE.
(1) PHOSPHORUS TO A LEVEL OF NOT MORE THAN 0.3 MILLIGRAM PER
LITER OF WASTEWATER EFFLUENT; AND
(2) NITROGEN TO A LEVEL OF NOT MORE THAN 3.0 MILLIGRAMS PER
LITER OF WASTEWATER EFFLUENT.
(C) AS TECHNOLOGY IMPROVES BEYOND ENHANCED NUTRIENT REMOVAL,
THE DEPARTMENT SHALL ADOPT REGULATIONS THAT LOWER THE NITROGEN
CONCENTRATION DESCRIBED IN SUBSECTION (B) OF THIS SECTION TO A LEVEL THE
DEPARTMENT DETERMINES IS TECHNOLOGICALLY FEASIBLE;
(D) THE DEPARTMENT SHALL:
(1) REVIEW THE ANNUAL PROGRESS OF UPGRADES FOR WASTEWATER
TREATMENT PLANTS IN THE PATUXENT RIVER WATERSHED; AND
(2) ON OR BEFORE DECEMBER 1 OF EACH YEAR SUBMIT A REPORT, IN
ACCORDANCE WITH § 2-1246 OF THE STATE GOVERNMENT ARTICLE, TO THE
GENERAL ASSEMBLY, AND TO THE GOVERNOR
(E) (1) THIS SUBSECTION APPLIES TO A WASTEWATER TREATMENT PLANT
WITHIN THE PATUXENT WATERSHED THAT EXPANDS BEYOND ITS CURRENT DESIGN
CAPACITY AND CREATES ADDED FLOW INTO THE PATUXENT RIVER OR ITS
TRIBUTARIES;
(2) IN KEEPING WITH THE INTENT OF THE 1081 PATUXENT CHARETTE
AGREEMENT, THE DEPARTMENT SHALL MODIFY A DISCHARGE PERMIT THAT HAS
BEEN ISSUED TO A WASTEWATER TREATMENT PLANT TO ENSURE THAT:
(I) EFFLUENT LIMITATIONS FOR NITROGEN FROM ALL POINT
SOURCES ARE NOT EXCEEDED; AND
(II) TOTAL NITROGEN LOADS INTO THE PATUXENT RIVER
CONTINUE TO BE REDUCED.
(B) ON OR BEFORE JANUARY 1, 2016, UNLESS A MORE ADVANCED UPGRADE
OR UPGRADE SCHEDULE IS REQUIRED BY A STATE OR FEDERAL LAW OR
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