ROBERT L. EHRLICH, JR., Governor                             Ch. 428

1. (1) (I) 1. THE USER'S WASTEWATER FACILITY'S
AVERAGE ANNUAL EFFLUENT NITROGEN AND PHOSPHORUS CONCENTRATIONS, AS
REPORTED IN THE FACILITY'S STATE DISCHARGE MONITORING REPORTS FOR THE
PREVIOUS CALENDAR YEAR, HAVE NOT EXCEEDED 3 MILLIGRAMS PER LITER TOTAL
NITROGEN AND 0.3 MILLIGRAMS PER LITER TOTAL PHOSPHORUS; AND
DEMONSTRATE THAT THE FACILITY IS ACHIEVING ENHANCED NUTRIENT REMOVAL,
AS DEFINED UNDER § 9-1601(L) OF THIS SUBTITLE; OR

2. THE DEPARTMENT HAS DETERMINED THAT THE
WASTEWATER FACILITY DOES NOT DISCHARGE NITROGEN OR PHOSPHORUS AND IS
NOT REQUIRED TO MONITOR FOR NITROGEN OR PHOSPHORUS IN ITS DISCHARGE
PERMIT; AND

2. (II) THE OWNER OF THE THE USER'S WASTEWATER
FACILITY HAS NOT RECEIVED A STATE OR FEDERAL GRANT FOR BIOLOGICAL
NUTRIENT REMOVAL OR ENHANCED NUTRIENT REMOVAL FOR THAT FACILITY;

(2)      (I) THE USER'S WASTEWATER FACILITY DISCHARGES TO
GROUNDWATER AND THE ANNUAL AVERAGE NUTRIENT CONCENTRATIONS IN THE
WASTEWATER PRIOR TO DISCHARGE TO GROUNDWATER HAVE NOT EXCEEDED 3
MILLIGRAMS PER LITER TOTAL NITROGEN AND 0.3 MILLIGRAMS PER LITER TOTAL
PHOSPHORUS, AS DEMONSTRATED BY ANALYSIS OF THE GROUNDWATER FROM
MONITORING WELLS LOCATED ON THE PROPERTY AND AS REPORTED IN DISCHARGE
MONITORING REPORTS FOR THE PREVIOUS CALENDAR YEAR; AND

(II) THE USER'S WASTEWATER FACILITY HAS NOT RECEIVED A
FEDERAL OR STATE GRANT FOR THAT FACILITY; OR

(3)      THE DEPARTMENT DETERMINES THAT:

(I) THE USER'S WASTEWATER FACILITY DISCHARGES
NONCONTACT COOLING WATER WATER FROM DEWATERING OPERATIONS, OR
RECLAIMED WASTEWATER FROM A FACILITY WHOSE USERS PAY IN TO THE FUND;
AND

(II) THE DISCHARGE DOES NOT RESULT IN A NET INCREASE IN
LOADING OF NUTRIENTS COMPARED TO THE INTAKE WATER

(V) (D) (1) SUBJECT TO THE APPROVAL OF THE
ADMINISTRATION, A LOCAL GOVERNMENT OR A BILLING AUTHORITY FOR A WATER
OR WASTEWATER FACILITY MAY ESTABLISH A PROGRAM TO EXEMPT FROM THE
REQUIREMENTS OF THIS SECTION A RESIDENTIAL DWELLING ABLE TO
DEMONSTRATE SUBSTANTIAL FINANCIAL HARDSHIP AS A RESULT OF THE
SURCHARGE RESTORATION FEE.

(VI) 1. THE SURCHARGE MAY BE ADJUSTED FOR FISCAL YEAR
2008 AND SUBSEQUENT YEARS IN ACCORDANCE WITH REGULATIONS ADOPTED
UNDER SUBSECTION (G) OF THIS TITLE.

2. ANY ADJUSTMENT TO THE AMOUNT OF THE SURCHARGE
SHALL BE MADE SUBJECT TO AND IN COMPLIANCE WITH THE REQUIREMENTS OF
ANY APPLICABLE BOND RESOLUTION.

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