DEPARTMENT OF THE ENVIRONMENT

FUNCTIONS

Montgomery Park Business Center, 1800 Washington Blvd., Baltimore, Maryland, February 2004. Photo by Diane F. Evartt.

In 1995, the Department's Chesapeake Bay Program transferred to the Department of Natural Resources, and the Water Resources Administration, a direct descendant of the Water Pollution Control Commission, moved from the Department of Natural Resources to the Department of the Environment (Chapter 488, Acts of 1995). Since all departmental programs affect the health of the Chesapeake Bay, the Department of the Environment continues to play a crucial role in all initiatives to restore the Bay.

The Department's four key programs are: Air and Radiation Management, Science Services, Waste Management, and Water Management.

OFFICE OF SECRETARY

Appointed by the Governor with Senate advice and consent, the Secretary of the Environment heads the Department. The Secretary appoints the Deputy Secretary with the Governor's approval.

In addition to administrative responsibilities, the Secretary of the Environment (or the Secretary's designee) is authorized to subpoena any person or evidence, administer oaths, and take depositions and other testimony. The Secretary also investigates the influence of locality, employment, habit, and other conditions on health, and researches the causes of diseases and mortality, to the extent that they may relate to environmental factors. To obtain information about causes and incidence of cancers, the Secretary may institute studies.

The Secretary serves on the Governor's Executive Council, the BayStat Subcabinet, the Governor's Subcabinet for International Affairs, and the Smart Growth Subcabinet; chairs the Asbestos Oversight Committee, and serves as vice-chair of the State Children's Environmental Health and Protection Advisory Council. The Secretary also is a member of the Governor's Intergovernmental Commission for Agriculture; the Animal Waste Technology Fund Advisory Committee; the Maryland Botanical Heritage Work Group; the Governor's Council on the Chesapeake Bay; the Chesapeake Bay Trust; the Bay Restoration Fund Advisory Committee; the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays; the Climate Change Commission; the Executive Committee for Dredged Material Management Plans; the Maryland Electric Vehicle Infrastructure Council; the Commission on Environmental Justice and Sustainable Communities; the Maryland Green Building Council; the Maryland Green Purchasing Committee; the Invasive Plants Advisory Committee; the Maryland Advisory Commission on Manufacturing Competitiveness; the Maryland Integrated Map Executive Committee; the Maryland Military Installation Council; the Interdepartmental Advisory Committee for Minority Affairs; the Pesticide Advisory Committee; the Maryland Pesticide Reporting and Information Work Group; the Renewable Fuels Incentive Board; the Scenic and Wild Rivers Review Board; the State Soil Conservation Committee; the Susquehanna River Basin Commission; the Maryland Sustainable Growth Commission; and the Maryland Thermal Renewable Energy Credit Task Force. In addition, the Secretary serves on the Appalachian States Low-Level Radioactive Waste Commission, and the Ozone Transport Commission.

Within the Office of Secretary are offices for audit, BayStat, budget and infrastructure finance, emergency preparedness and planning, environmental crimes, information management and technology, legislative and intergovernmental affairs, and smart growth and regulatory reform. The Secretary is assisted by two Deputy Secretaries.

OFFICE OF BUDGET & INFRASTRUCTURE FINANCE

Under the Office are the Engineering and Capital Projects Program, the Maryland Water Quality Financing Administration, and two divisions: Capital Budget, and Operating Budget.

ENGINEERING & CAPITAL PROJECTS PROGRAM
The Engineering and Capital Projects Program began in 1990 as the Capital Projects Administration. Renamed the Capital Projects Program in 1992, it reorganized as the Water Quality Infrastructure Program in 1996. In July 2009, the Program transferred from the Water Management Administration to the Office of Budget and Infrastructure Finance, and was restructured under its present name in July 2009.

The Program is responsible for project development of all capital programs. To improve water quality, the Program helps local governments secure funding and plan, design, and construct capital projects, such as water and wastewater treatment plants, collection and distribution systems, and pumping stations. The Program works through eight fund sources: the Bay Restoration Fund Program; the Biological Nutrient Removal Cost-Share Program; the Drinking-Water Revolving-Loan Fund; the Maryland Water Quality Revolving-Loan Fund; the Small Creeks and Estuaries Restoration Cost-Share Program; the Stormwater Pollution Control Cost-Share Program; the Supplemental Assistance Program; and the Water Supply Financial Assistance Program.

The Program also maintains a tracking system for Department capital projects, reviews and approves county water and sewer plan construction permits, and administers grant and loan payments and engineering contracts of projects funded by the Program.

MARYLAND WATER QUALITY FINANCING ADMINISTRATION
Within the Department of the Environment, the Maryland Water Quality Financing Administration started in 1988 (Chapter 535, Acts of 1988). The Administration in 1995 was made part of the Office of Budget (now Office of Budget & Infrastructre Finance).

The Administration maintains and administers the Maryland Water Quality Revolving Loan Fund. From the Fund, local governments may secure financial assistance for wastewater treatment facilities (federal Clean Water Act of 1987, Title VI; P.L. 100-4). The Fund finances loans to local governments for construction projects to abate and control water pollution and thereby improve water quality. Loans may be used to buy or refinance debt obligations of local governments. They also may help guarantee or purchase insurance for bonds, notes, or other evidences of obligation issued by a local government (Code Environment Article, secs. 9-1601 through 9-1622).

OPERATIONS & REGULATORY PROGRAMS

OFFICE OF INFORMATION MANAGEMENT & TECHNOLOGY
To consolidate information technology functions, the Office of Information Management and Technology was formed under the Technical and Regulatory Services Administration in July 1999. In April 2003, the Office moved from the Technical and Regulatory Administration to Operations, then Business Operations, and in February 2007, under the Assistant Secretary. In December 2009, the Office was placed under the Administrative Services Administration (now Operational Services Administration), and in September 2012 moved directly under Operations and Regulatory Programs.

By combining five information technology units from throughout the Department, the Office makes best use of resources, standardizes data and system development, and provides information technology support for Department objectives.

OPERATIONAL SERVICES ADMINISTRATION

The Operational Services Administration started as Finance and Administration and reorganized as the Administrative and Employee Services Administration in 1995. In April 2003, it moved under Operations, which later became Business Operations. In February 2007, the Administration reformed as the Administrative Services Administration, and in July 2011 adopted its present name.

Under the Administration are six offices: Central Services; Fiscal Services; Human Resources; Operational Services and Management; Planning and Project Management; and Procurement and Contract Management.

POLICY & PLANNING

EMERGENCY PREPAREDNESS & PLANNING PROGRAM

EMERGENCY RESPONSE PROGRAM
The Emergency Response Program began as the Water Quality Monitoring Program. Under the Water Management Administration, it was restructured in 1990 and became part of the Chesapeake Bay and Watershed Management Administration in 1992. Renamed the Monitoring Program in 1994, it transferred to the Technical and Regulatory Services Administration as the Field Operations Program in 1995. In February 2003, it reorganized as the Emergency Response and Planning Program. Under its present name, it moved to the Assistant Secretary in February 2007. In August 2010, it moved to the Emergency Preparedness and Planning Program.

Now, the Program focuses on planning for and responding to emergencies, such as hazardous material spills, chemical fires, fish kills, and other environmental disasters. The Program includes the Emergency Response Division.

OFFICE OF LEGISLATIVE & INTERGOVERNMENTAL AFFAIRS

Three offices are overseen by this office: Communications and Digital Strategy; Environmental Justice; and Federal and International Affairs.

OFFICE OF COMMUNICATIONS & DIGITAL STRATEGY
In 1991, the Office of Communications and Digital Strategy began as the Office of Community Assistance. Under Policy Coordination, it became Public Information and Community Assistance in 1995 and was renamed the Office of Communications in 1996. In July 2009, it moved to the Office of Legislation and Policy and in September 2011 to the Office of Legislative and Intergovernmental Affairs. In January 2013, the Office adopted its present name.

Responsible for media relations, the Office of Communications and Digital Strategy coordinates community outreach for the Department. As an ombudsman, the Office is the liaison between the Department and citizens, industry, local government, other State agencies, international contacts, nonprofit organizations, regional advisory councils, the media, environmental advocacy groups, local communities, and civic organizations. The Office informs the public about programs, permits, and regulations, and publicizes hearings open to citizens.

OFFICE OF SMART GROWTH & REGULATORY REFORM

AIR & RADIATION MANAGEMENT ADMINISTRATION

State concerns with air quality and the effects of radiation were evident by 1951 when the Division of Industrial Health and Air Pollution formed under the Bureau of Environmental Hygiene, Department of Health. In 1966, the work of monitoring and regulating was restructured. The Division of Air Quality Control was established within the Bureau of Resources Protection, and the Division of Radiological Health functioned under the Bureau of Consumer Protection. When the Department of Health and Mental Hygiene was created in 1969, these divisions continued under the Environmental Health Administration. By 1977, under the Environmental Health Administration, Community Health Programs regulated the control of dangerous emissions from ionizing and nonionizing radiation sources, while Air Quality Programs developed air resource management plans. Air Quality Programs reorganized as the Air Management Administration by 1983 and, with the Division of Radiation Control of Community Health Programs, transferred to the Department of the Environment in 1987 (Chapter 306, Acts of 1987). In 1992, the Administration reformed as the Air and Radiation Management Administration to include the Radiological Health Program.

Programs for cleaner air are developed and implemented by the Air and Radiation Management Administration. The Administration monitors levels of ambient air pollutants across the State and devises plans to achieve and maintain air quality standards. To control air emissions, it makes and enforces regulations and issues permits that set emission standards for construction or operation of equipment that emits to the atmosphere. The Administration sets standards for and (with the Department of Transportation) manages the Motor Vehicle Emissions Inspection Program. The Administration also licenses asbestos removal contractors.

The Administration works through six programs: Air Monitoring; Air Quality Compliance; Air Quality Permits; Air Quality Planning; Mobile Sources Control; and Radiological Health. The Administration also is helped by the Office of Operational Services and Administration, and the Air Quality Control Advisory Council.

AIR QUALITY CONTROL ADVISORY COUNCIL
In 1963, the Air Quality Control Advisory Council originated as the Air Pollution Control Council (Chapter 806, Acts of 1963). It received its present name in 1967 (Chapter 143, Acts of 1967). Formerly under the Department of Health and Mental Hygiene, the Council moved to the Department of the Environment and was placed under the Air Management Administration in 1987 (Chapter 306, Acts of 1987).

The Council advises the Department on rules and regulations to control air pollution.

Appointed by the Secretary of the Environment, the Council consists of not more than fifteen members. Terms of members are five years, except for the Baltimore Metropolitan Council representative, whose term coincides with membership on that body (Code Environment Article, secs. 2-201 through 2-206).

AIR MONITORING PROGRAM

To control air pollutant emissions, the Program develops plans and regulations that help the State meet National Ambient Air Quality Standards. The Program also operates a statewide air sampling and monitoring network and collection stations for acid deposition.

The Program oversees the Analytical Laboratory Section, and two divisions: Air Quality Measurements, Modeling, and Analysis; and Data Management and Quality Assurance.

AIR QUALITY COMPLIANCE PROGRAM

In July 2004, the Air Quality Compliance Program became responsible for the Asbestos and Industrial Hygiene Program, which was initiated in 1988 as the Community Environmental Services Program. The Program is responsible for State asbestos programs and enforces air quality standards for categories such as asphalt plants, quarries, special medical waste incinerators, and training for incinerator operators.

Program oversight extends to four divisions: Asbestos; Field Services; Industrial Compliance; and Process Compliance.

ASBESTOS DIVISION
Functions of the Asbestos Division began in September 1988 with the Community Environmental Services Program under the Air Management Asministration, and with the Center for Special Toxics under the Toxics, Environmental Science and Health Administration in October 1988. The Center for Special Toxics became the Toxics Operations Program in 1989, and was responsible for Asbestos and Industrial Hygiene Services; the State Employees Asbestos Program; and the Asbestos Hazard Emergency Response Act (asbestos in schools program). The Program also oversaw programs for lead poisoning prevention and polychlorinated biphenyls (PCB) compliance awareness. In 1993, asbestos programs were consolidated under the Community Environmental Services Program, which reorganizaed as the Asbestos and Industrial Hygiene Program in 1994. In July 2004, the Asbestos and Industrial Hygiene Program transferred to the Air Quality Compliance Program as the Asbestos Division.

For State agencies and facilities, local schools, and county health departments, the Division provides technical consultation on exposure to toxic substances and support for industrial hygiene. The Division identifies environmental hazards in State facilities; advises on management and control of these hazards; and oversees implementation of the programs of the Asbestos Oversight Committee, which is responsible for the management and removal of asbestos in all State facilities. The Division also trains and medically monitors all State employees who routinely work with asbestos.

The Division is responsible for two sections: Asbestos Accreditation and School Assistance; and Asbestos Licensing and Enforcement.

ASBESTOS ACCREDITATION & SCHOOL ASSISTANCE SECTION
So that public and private schools can comply with federal and State regulations on asbestos, the Asbestos Accreditation and School Assistance Division provides them with technical assistance. The Division also regulates private sector asbestos trainers who provide the training required by law before individuals may engage in asbestos-related demolition, renovation, or encapsulation.

ASBESTOS LICENSING & ENFORCEMENT SECTION
The Asbestos Licensing and Enforcement Division issues the asbestos contractor license, required by law since 1981 for any entity demolishing, renovating, or encapsulating any friable asbestos material (Chapter 695, Acts of 1981). The Division enforces the licensing requirement and all State and federal asbestos regulations.

AIR QUALITY PERMITS PROGRAM

The Air Quality Permits Program oversees three divisions: Chemical and Mineral; Combustion and Metallurgical; and Technical Support.

AIR QUALITY PLANNING PROGRAM

The Program tracks State and federal laws and regulations pertaining to air quality. Regularly, the Program prepares air quality data reports and manages air databases for other programs. In addition, the Program conducts special sampling studies for toxics and other purposes.

Under the Program are three divisions: Air Quality Policy and Planning; Climate Change; and Regulations Development.

MOBILE SOURCES CONTROL PROGRAM

Under the Mobil Sources Control Program are three divisions: Certification and Auditing; Engineering and Technology Assessment; and Inspection and Maintenance.

RADIOLOGICAL HEALTH PROGRAM

All radiation sources in Maryland are regulated by the Radiological Health Program. The Program licenses users of radioactive material, registers facilities, and enforces regulations that cover both ionizing and nonionizing radiation sources, by-product material, and limited quantities of special nuclear material. For all radiological emergencies, including industrial, medical or transportation radiation accidents and serious incidents, the Program provides emergency response. It also conducts drills for nuclear emergencies at Calvert Cliffs Nuclear Power Plant or Peach Bottom Atomic Power Station (Code Environment Article, secs. 8-101 through 8-601).

Two divisions are overseen by the Program: Radiation Machines; and Radioactive Materials Licensing and Compliance. The Program also is aided by the Radiation Control Advisory Board.

RADIATION CONTROL ADVISORY BOARD
The Radiation Control Advisory Board was created in 1960 (Chapter 88, Acts of 1960). Formerly under the Department of Health and Mental Hygiene, the Board transferred to the Department of the Environment in 1987 (Chapter 306, Acts of 1987). The Board advises and consults with the Secretary of the Environment on radiation matters.

The Board's twelve members are appointed by the Secretary of the Environment to four-year terms (Code Environment Article, secs. 8-201 through 8-205).

RADIATION MACHINES DIVISION
The Radiation Machines Division administers the registration and inspection of facilities with radiation machines, including accelerator facilities; hospitals; offices of physicians, podiatrists, chiropractors, dentists, and veterinarians; and scientific, industrial and other institutions. The Division certifies medical, academic and industrial radiation machines as required by law and licenses private inspectors of x-ray machines. Staff inspect dental and veterinary radiation machines which are exempt from the certification requirement and, for the federal Food and Drug Administration, inspect mammography facilities and new x-ray machines.

RADIOACTIVE MATERIALS LICENSING & COMPLIANCE DIVISION
The Radioactive Materials Licensing and Compliance Division was first the Radioactive Materials Licensing, Compliance and Safeguards Division. It reorganized under its present name in January 1997. The Division licenses and inspects users of radioactive materials, such as hospitals, physicians, manufacturing and construction industries, radiographers, and other radioisotope users. The Division also provides emergency response in case of nuclear accident or other radiation emergency.

LAND MANAGEMENT ADMINISTRATION

Functions of the Land Management Administration originated in 1912 with the Bureau of Sanitary Engineering in the Department of Health. In 1951, the Bureau became the Division of Sanitary Engineering under the Department's Bureau of Environmental Hygiene. Certain functions of the Division in 1966 were assigned to the Division of Solid Waste Disposal under the Bureau of Resources Protection. As the Division of Solid Wastes, the Division was placed under the Environmental Health Administration, when the Department of Health and Mental Hygiene formed in 1969. The Division was renamed the Division of Solid Waste Control by 1973 and assigned to Community Health Programs by 1977. Also under the Environmental Health Administration by 1977 was the Toxic Substances Control Program. Elements of these programs were combined by 1980 as the Waste Management and Enforcement Program of the Environmental Health Administration. The Program reorganized as the Waste Management Administration by 1982, became part of the Department of the Environment in 1987, and was renamed the Hazardous and Solid Waste Management Administration in 1988 (Chapter 306, Acts of 1987). In 1992, it was renamed the Waste Management Administration, and adopted its current name in July 2009.

The Land Management Administration provides for the safe collection and disposal of solid wastes. It regulates and inspects industrial facilities that treat wastewater, and controls the transport, storage, and disposal of hazardous substances.

Industrial wastes and designated hazardous substances may not be discharged or disposed of without a permit from the Land Management Administration. The Administration conducts inspections to assure compliance with the conditions of permits, certifications, and licenses that have been issued and investigates reported water and pollution violations. Under the federal Resource Conservation and Recovery Planning Act of 1976, the Administration is the State agency designated to regulate hazardous substances (P.L. 94-580). The Recycling, Marketing and Operations Program leads State recycling initiatives.

Under the Administration are seven programs: Land Restoration; Lead Poisoning Prevention; Mining; Oil Control; Operational Services; Solid Waste; and Waste Diversion and Utilization.

STATE BIOSOLIDS TASK FORCE
The State Biosolids Task Force originated as the State Sewage Sludge Task Force in 1993. Through an interagency agreement, the Department in 1993 convened the State Sewage Sludge Task Force. With representatives from the Department of Agriculture, the University of Maryland's Institute for Agriculture and Natural Resources, the Soil Conservation Service, and sewage sludge generators and applicators, the Task Force advised the Department on developing regulations for sewage sludge management. From 1995 to 1998, the Task Force met and shared technical information on problems relating to the application of sewage sludge to fields.

In 2006, the Department reconvened the Task Force under the new name of State Biosolids Task Force. In light of changes made to nutrient management laws, the Task Force was reformed to help review sewage sludge regulations.

CONTROLLED HAZARDOUS SUBSTANCE ADVISORY COUNCIL.
In 1976, the Controlled Hazardous Substance Advisory Council was created (Chapter 618, Acts of 1976). Formerly under the Department of Health and Mental Hygiene, the Council joined the Department of the Environment in 1987 (Chapter 306, Acts of 1987).

The Council advises the Department and helps define what substances should be designated as controlled hazardous substances. The Council also helps draft rules and regulations on the management and disposal of controlled hazardous substances and low-level nuclear waste. The Council meets only at the request of the Secretary.

Appointed by the Governor, the Council's thirteen members serve ten-year terms. Ten are appointed with the advice of the Secretary of the Environment, and three public members are selected with Senate advice and consent (Code Environment Article, secs. 7-211 through 7-215).

LAND RESTORATION PROGRAM

At hazardous waste disposal sites, the Program investigates, assesses, and removes environmental and public health threats. The Program also oversees cleanup of State and federal Superfund sites.

The Program has two divisions: Federal Assessment and Remediation; and State Assessment and Remediation.

LEAD POISONING PREVENTION PROGRAM

In September 2000, the Regulatory and Technical Assistance Program reorganized as the Lead Poisoning Prevention Program. All functions not related to lead poisoning prevention were dispersed.

Under the Program are two divisions: Lead Compliance and Accreditation, and Lead Surveillance and Health.

LEAD COMPLIANCE & ACCREDITATION DIVISION
The Lead Compliance and Accreditation Division emerged as the Lead Compliance Division of the Environmental Response and Restoration Program. As the Environmental Lead Division it moved to the Regulatory and Technical Assistance Program in 1995.

In residential and child-care structures, the Division enforces Maryland's lead paint regulations and abatement procedures. In 1993, it began to accredit persons providing lead paint abatement services and enforce regulations governing that accreditation (Code Environment Article, secs. 6-1001 through 6-1005).

LEAD SURVEILLANCE & HEALTH DIVISION
Origins of the Lead Surveillance and Health Division trace to the Division of Environmental Disease in the Department of Health and Mental Hygiene. Maryland's initiative for lead poisoning prevention moved to the Department of the Environment in 1987 and, by 1988, was under the Center for Special Toxics. As the Lead Poisoning Prevention Division, it was placed under the Toxics Operations Program in 1989, and as the Lead Coordination Program, under Environmental Health Coordination in 1992. In 1995, it became the Lead Coordination Division under the Regulatory and Technical Assistance Program. When that Program reorganized in Sept. 2000 as the Lead Poisoning Prevention Program, the Division received its present name.

The Division investigates incidents of lead poisoning, particularly in children, and maintains registries of lead poisoning cases. It works with county health departments to coordinate testing and reporting of childhood occurrences; educates health care providers and the public about lead poisoning; and staffs the Lead Poisoning Prevention Commission.

LEAD POISONING PREVENTION COMMISSION
Within the Department, the Lead Poisoning Prevention Commission formed in 1994 (Chapter 114, Acts of 1994). The Commission studies and collects information on the effectiveness of the Lead Poisoning Prevention Program and risk-reduction treatments of buildings to stop exposure to lead (Code Environment Article, secs. 6-815, 6-819). The Commission also considers risk and liability issues, including availability of insurance.

The Commission has nineteen members. Seventeen are appointed to four-year terms by the Governor. One is a senator named by the Senate President, and one is a delegate chosen by the House Speaker. The Governor names the chair (Code Environment Article, secs. 6-807 through 6-810).

MINING PROGRAM

The Program oversees three divisions: Abandoned Mine Land; Coal Mining; and Minerals, Oil and Gas. It also is assisted by the Land Reclamation Committee.

LAND RECLAMATION COMMITTEE
The Land Reclamation Committee started in 1967 (Chapter 144, Acts of 1967). The Committee studies, recommends, and approves procedures to reclaim, conserve, and replant land affected by open-pit coal mining in Maryland. The Committee reviews mining and reclamation plans, progress reports, and final reports. It establishes plans and procedures, as well as practical guidelines, for prompt and sufficient reclamation, conservation, and revegetation of all lands disturbed by open-pit mining of bituminous coal within the State.

The Committee consists of thirteen members. The Governor appoints four members to three-year terms: two mining industry representatives, appointed with Senate advice and consent; one Allegany County Planning and Zoning Commission member, recommended by the Allegany County Board of County Commissioners and appointed with Senate advice and consent; and one Garrett County Planning Commission member, recommended by the Garrett County Board of County Commissioners and appointed with House of Delegates advice and consent. The Secretary of Natural Resources appoints three members to serve three-year terms. The Secretary of the Environment appoints four members and names the chair. The Soil Conservation Districts of Allegany County and Garrett County each are represented on the Committee (Code Environment Article, secs. 15-204, 15-205).

COAL MINING DIVISION
160 South Water St., Frostburg, MD 21532

In 1876, the Coal Mining Division began as the Bureau of Mines when the Governor first appointed a mine inspector for Allegany and Garrett counties. By 1916, the State Board of Labor and Statistics named the inspector with the Governor's approval. The Bureau of Mines organized in 1922 as a unit of the Department of Labor and Statistics (Chapter 307, Acts of 1922). In 1941, the Bureau transferred to the Department of Geology, Mines, and Water Resources. In 1964, the Bureau was made part of the Maryland Geological Survey (Chapter 73, Act of 1964). The Bureau was placed under the Energy and Coastal Zone Administration in 1976, and in 1979 under the Energy Administration of the Department of Natural Resources (Chapter 320, Acts of 1976). The Bureau, in 1987, became part of the Water Resources Administration. In 1995, the Bureau transferred to the Department of the Environment and reorganized as the Coal Mining Division of the Mining Program in the Water Management Administration.

The Coal Mining Division is responsible for environmental control of active coal mines and restoration of abandoned coal mines. For proposed coal and noncoal mines, the Division evaluates mining and reclamation plans. Environmental controls are established and reclamation plans for the land are approved before mining can begin. In addition, legislation now makes it possible to restore abandoned mines. These have posed serious environmental problems for decades. Reclamation fees and federal grants pay for this restoration (Code Environment Article, secs.15-201 through 15-203).

Under the Division are two sections: Permitting; and Land and Water Restoration.

MINERALS, OIL & GAS DIVISION
Within the Department of Natural Resources, the Minerals, Oil and Gas Division developed as the Surface Mining Division under the Water and Wetlands Program of the Water Resources Administration. In 1992, it reorganized under its present name and transferred to the Bureau of Mines. In 1995, under the Mining Program, the Division joined the Department of the Environment.

The permit application process for both noncoal surface mining and the development of oil and gas resources is overseen by the Division. These permits require posting a bond, allowing opportunity for public comment, ensuring public safety, controlling environmental impact, and having an approved reclamation or site stabilization plan. The Division reviews permit applications, conducts site inspections, and determines which applications meet the requirements.

OIL CONTROL PROGRAM

All oil-related regulatory programs within the State are administered by the Oil Control Program. The Program regulates all aboveground and underground oil storage facilities, oil-contaminated soil facilities, and oil transportation. It trains tank removal personnel and oversees the maintenance, operation, and removal of underground storage tanks.

Program functions are carried out by three divisions: Compliance; Permits and Support; and Remediation.

SOLID WASTE PROGRAM

The Program supervises two divisions: Compliance, and Solid Waste Operations.

WASTE DIVERSION & UTILIZATION PROGRAM

The Waste Diversion and Utilization Program traces its origin to the 1988 Maryland Recycling Act, which created the Office of Recycling (Chapter 536, Acts of 1988; Code Environment Article, secs. 9-1701 through 9-1730). That office became known as the Recycling Services Division, which in 1999 merged with the Office of Planning and Outreach Services to become the Office of Planning, Recycling and Outreach Services. Later in 1999, it became the Planning, Recycling and Outreach Program. In August 2003, the Program reformed as the Recycling, Marketing, and Operations Program and in March 2005 as the Recycling and Operations Program. The Program was restructured under its present name in August 2011.

To meet State recycling goals, the Waste Diversion and Utilization Program assists State agencies and local jurisdictions with their recycling programs. It reviews and approves county solid waste management and recycling plans. Program outreach efforts include special events, such as America Recycles Day, classroom demonstrations, and television advertisements. New initiatives, such as the collection and recycling of old computers and televisions (eCycling Project), are coordinated by the Program. New markets for recycled products also are developed and promoted by the Program. The Program also issues permits for sewage sludge use and disposal.

SCIENCE SERVICES ADMINISTRATION

In 1995, the Science Services Administration formed as the Technical and Regulatory Services Administration. It reorganized as the Science Services Administration in February 2007. The Administration encompassed functions of former units, including Emergency Response and Enforcement Coordination; the Water Quality Program of the Water Management Administration; and the Water Quality Monitoring Program and the Environmental Assessment Program of the Chesapeake Bay and Watershed Management Administration. In December 2004, the Administration was placed under the Assistant Secretary for Policy, Community Relations, and Outreach. In September 2011, it moved under the Office of Secretary.

The Administration provides technical and scientific analyses and data for departmental regulatory activities. It devises solutions to multimedia environmental problems, and makes environmental risk assessments. The Administration also maintains geographic information systems and the Toxics Inventory, does computer modeling of environmental conditions, and monitors shellfish waters for contaminants.

Under the Administration are five programs: Environmental Assessment and Standards; Field Services; Operational Services and Administration; TDML Technical Development; and Water Quality Protection and Restoration.

ENVIRONMENTAL ASSESSMENT & STANDARDS PROGRAM

Environmental Health & Risk Assessment Program. In 1985, the Environmental Health and Risk Assessment Program started as the Division of Standards and Certification within the Water Management Administration. In 1990, it was renamed the Water Quality Program; in 1991, the Water Quality Operation Program; and, in 1992, the Standards and Shellfish Sanitation Program. The Program regained its former name, the Water Quality Program, in 1992. It transferred to the Technical and Regulatory Services Administration in 1995 as the Environmental Risk Assessment Program, and became the Environmental Health and Risk Assessment Program in 1999.

Environmental Planning & Analysis Program. The Environmental Planning and Analysis Program was established in 1992 as the Office of Emergency and Enforcement Coordination. In 1994, it was renamed Emergency Response and Enforcement Coordination. It reorganized as the Emergency Operations and Technical Support Program under the Technical and Regulatory Services Administration in 1995, as the Emergency Operations Program in 1998, and as the Environmental and Emergency Planning Program in 1999. It reformed as the Environmental Planning and Analysis Program in January 2001.

By certifying the quality of water for the safe harvest of oysters and clams and establishing water quality standards for State waters, the Program protects public health. The Program monitors shellfish and fish tissues for contaminants; and studies water quality. To evaluate and reduce whole effluent toxicity, the Program oversees tests at municipal and industrial facilities and develops and promulgates regulations to protect the quality of groundwater and surface water.

Three sections carry out Program responsibilities: Public Health, Quantitative Analysis, and Water Quality Standards.

FIELD SERVICES PROGRAM

The Program consists of the Compliance Monitoring Division from the former Environmental Planning and Analysis Program, and the Water Quality Monitoring Division from the former Computer Modeling Program. Later, the Water Quality Monitoring Division became the Chemical and Biological Monitoring Division.

OPERATIONAL SERVICES & ADMINISTRATION PROGRAM

TMDL TECHNICAL DEVELOPMENT PROGRAM

Maryland's scientific database for water quality of the Chesapeake Bay, its tributaries, rivers, streams, lakes, and other waters within the State is managed by the TMDL Technical Development Program. The Program develops and applies mathematical and other predictive models as the basis for Department water regulations and policy. In addition, the Program assesses water quality associated with channel dredging in Baltimore Harbor and Chesapeake Bay.

The TMDL Technical Development Program began in 1987 as the Division of Modeling and Analysis under the Planning and Evaluation Program of the Water Management Administration. By 1989, the Division reorganized as the Technical Support Division under the Chesapeake Bay and Special Projects Program. In 1991, it became the Modeling and Assessment Division and, in 1992, was placed under the Chesapeake Bay and Watershed Management Administration. In 1993, the Division was renamed the Mathematical Modeling Division under the Environmental Assessment Program, and in 1994 the Program itself was reconstituted as Mathematical Modeling and Information Systems Management. It became the Computer Modeling and Information Management Systems Program in 1995, and the Computer Modeling Program in 1999, when Information Management Systems transferred to the Office of Information Management and Technology. In February 2004, it reorganized under its current name.

The Program includes two divisions: Nutrient and Bacteria TMDLs, and Sediment and Toxics TMDLs.

WATER QUALITY PROTECTION & RESTORATION PROGRAM

WATER MANAGEMENT ADMINISTRATION

In Maryland, State responsibility for overseeing public water supplies first was assigned in 1912 to the Bureau of Sanitary Engineering within the Department of Health. In 1951, the Bureau reorganized as the Division of Sanitary Engineering under the Bureau of Environmental Hygiene, Department of Health. In 1966, the Division of Water Supply and Sewage Disposal formed as part of the Bureau of Resources Protection, Department of Health. When the Department of Health and Mental Hygiene was created in 1969, the Division became the Division of Water and Sewerage under the Environmental Health Administration. By 1977, Division work continued as the Water Sewerage Control Program and, by 1982, reorganized as the Water Management Administration. From the Department of Health and Mental Hygiene, the Administration moved to the Department of the Environment in 1987 (Chapter 306, Acts of 1987). In 1995, certain functions of the Water Resources Administration of the Department of Natural Resources transferred to the Water Management Administration, including programs for mining, dam safety, and wetlands and oversight of the State Water Quality Advisory Committee (Chapter 488, Acts of 1995).

The Water Management Administration works to improve and protect Maryland's water quality and to ensure the availability of safe drinking water. To achieve these goals, the Administration also protects wetlands and regulates mining. Administration programs work to limit industrial and municipal wastewater discharges into surface and groundwaters. They also seek to control erosion and sedimentation; monitor nonpoint sources of pollution during and after construction; and administer the federal Safe Drinking Water Act.

Five programs come under the Water Management Administration: Compliance; Sediment, Stormwater and Dam Safety; Wastewater Permits; Water Supply; and Wetlands and Waterways. Supporting Administration programs is the Office of Operational Services and Administration.

COMPLIANCE PROGRAM

To ensure compliance with permits and other authorizations, the Compliance Program inspects coal and noncoal surface mining, gas and oil-well drilling, and tidal and nontidal wetlands and waterways projects. It inspects dams and projects operating under a National Pollutant Discharge Elimination System (NPDES) permit. By inspection, the Program enforces approved plans to control sediment and manage stormwater at all State and federal construction projects. The Program also enforces approved sediment control plans on all private construction projects unless enforcement has been delegated to local government.

OFFICE OF OPERATIONAL SERVICES & ADMINISTRATION

The Office is responsible for the Administrative Services Division, and three regulatory boards: the Marine Contractors Licensing Board; the State Board of Waterworks and Waste Systems Operators; and the State Board of Well Drillers.

MARINE CONTRACTORS LICENSING BOARD
In October 2010, the Marine Contractors Licensing Board was authorized (Chapter 286, Acts of 2010), and by December 31, 2010, all marine contractors were required to be registered with the Department of the Environment.

The Board licenses and regulates individuals and entities providing marine contractor services in Maryland. Marine contractor services include dredging and filling and other work that takes place on, over, or under State and private tidal wetlands. Such work includes constructing, demolishing, altering, repairing, or salvaging structures, such as boathouses, watercraft, lifts, ramps, slips, docks, floating platforms, moorings, piers, pier access structures, pilings, wetland observation platforms, wetland walkways, and wharfs. Marine contractor services also cover the same activities applied to stabilization and erosion control projects, such as revetments, breakwaters, bulkheads, groins, jetties, stone sills, marsh establishments, and beach nourishment projects.

Seven members constitute the Board. They are appointed to three-year terms by the Governor with the advice of the Secretary of the Environment and the advice and consent of the Senate. Annually, the Board elects a chair (Code Environment Article, secs. 17-201 through 17-206).

STATE BOARD OF WATERWORKS & WASTE SYSTEMS OPERATORS
The State Board of Waterworks and Waste Systems Operators formed in 1967 as the Board of Certification of Water Works within the Department of Health and Mental Hygiene (Chapter 430, Acts of 1967). The Board reorganized in 1980 as the Board of Certification of Superintendents of Waterworks, Wastewater Works and Industrial Wastewater Works (Chapter 617, Acts of 1980). In 1981, it received its present name (Chapter 237, Acts of 1981). The Board transferred to the Department of the Environment in 1987 (Chapter 306, Acts of 1987). In 1992, the Board became part of the Water Management Administration. It was placed under the Office of Operational Services and Administration in 1997.

To protect public health and prevent pollution, the Board certifies superintendents and operators of waterworks and waste systems. The Board evaluates applications, prepares and authorizes examinations, and issues certificates to qualified persons.

The Board has eleven members. Eight are appointed by the Governor, three by the Secretary of the Environment. Members serve four-year terms, except for a Department of the Environment representative, who serves at the pleasure of the Secretary. Authorization for the Board continues until July 1, 2021 (Code Environment Article, secs. 12-101 through 12-602).

STATE BOARD OF WELL DRILLERS
In 1968, the State Board of Well Drillers was created (Chapter 584, Acts of 1968). In 1980, it transferred to the Department of Health and Mental Hygiene (Executive Order 01.01.1980.04). In 1987, the Board joined the Department of the Environment (Chapter 306, Acts of 1987). The Board has been part of the Water Management Administration since 1992 and under the Office of Operational Services and Administration since 1997.

To regulate and protect the State's groundwater resources, the Board licenses and regulates indivuals who drill water supply wells and geotechnical wells, or who install water pumps or water conditioning equipment. Persons must be licensed by the Board to make, alter, repair, or seal a well; or to install, alter, repair, or disconnect well system equipment. All licensed individuals must meet statutory requirements for insurance and bonding.

When the Board receives complaints against well drillers, it holds hearings and may revoke or suspend licenses for violation of Board rules and regulations. Any rule or regulation concerning the drilling of wells proposed by the Department of the Environment must be referred to the Board for comment.

The Board's seven members are appointed for two-year terms by the Governor with the advice of the Secretary of the Environment and Senate advice and consent. Authorization for the Board continues until July 1, 2021 (Code Environment Article, secs. 13-101 through 13-602).

SEDIMENT, STORMWATER & DAM SAFETY PROGRAM

Nonpoint sources are those without a specific point of discharge. They include pollutants washed off streets or farmlands. To control nonpoint sources of pollution, the Program develops policy, regulations, and training programs.

Local programs for sediment control and stormwater management are overseen by the Program which delegates to local jurisdictions the authority to enforce erosion and sediment controls. At the same time, the Program reviews sediment control and stormwater management plans for State and federal construction projects. To municipalities with populations over 100,000, it issues National Pollutant Discharge Elimination System (NPDES) permits to discharge stormwater.

Under the Program are three divisions: Dam Safety; Program Review; and Sediment and Stormwater Plan Review.

DAM SAFETY DIVISION
The Dam Safety Division traces its origins to the Water Resources Commission which began regulating the construction and repair of dams in 1933. This division formerly had been in the Department of Natural Resources under the Water and Wetlands Program of the Water Resources Administration. In 1995, the Division transferred to the Department of the Environment under the Nonpoint-Source Permits Program of the Water Management Administration.

To ensure the safety of dams, the Division inspects dams, including those under construction. It issues permits to build or modify dams; conducts hydrologic and hydraulic analyses for new dam permit applications; and prepares downstream warning plans and "danger-reach" delineations for high-hazard dams.

WASTEWATER PERMITS PROGRAM

The Wastewater Permits Program issues all surface water discharge permits required for industrial, commercial and institutional facilities that discharge watewater directly into State surface waters. Such permits ensure that discharges meet both State water quality standards and federal effluent guidelines.

The Program encompasses three divisions: Industrial Discharge Permits; State Groundwater Permits; and Surface Discharge Permits.

INDUSTRIAL DISCHARGE PERMITS DIVISION
The Industrial Discharge Permits Division derives from the Water Quality Permits Section within the Department of Natural Resources which by 1972 was issuing industrial wastewater discharge permits. By 1981, this function shifted to the Department of Health and Mental Hygiene as the Industrial Waste Division of the Waste Management Administration. When the Waste Management Administration moved to the newly created Department of the Environment in 1987, the Division became the Industrial Point Source Control Division. In 1992, it transferred to the Water Management Administration and adopted its current name.

Surface water discharge permits required for all industrial, commercial or institutional facilities that discharge wastewater directly into State surface waters are issued by the Division. These permits ensure that discharges meet State water quality standards and federal effluent guidelines.

STATE GROUNDWATER PERMITS DIVISION
Functions of the State Groundwater Permits Division started in 1945 when the Department of Geology, Mines, and Water Resources first issued permits to construct wells. The Maryland Geological Survey assumed duties of the Department in 1964. By 1972, these responsibilities transferred to the Water Resources Administration of the Department of Natural Resources, and then to the Office of Environmental Programs of the Department of Health and Mental Hygiene in 1980. These duties were assigned to the Department of the Environment in 1987. The Individual Septics and Wells Program was created in 1990 and reformed as the State Groundwater Permits Division in 1995.

To protect groundwater and public health, the Division implements State regulations concerning wells, septic systems, and subdivisions. It supplies technical assistance, training programs, and grants to local governments, communities, and property owners. The Division also helps install innovative disposal systems in areas where septic systems will not function. Its functions are carried out by three sections: Groundwater Discharge; Groundwater Protection; and Innovative and Alternative Septic Systems.

WATER SUPPLY PROGRAM

Under the Program are three divisions: Engineering and Technical Assistance; Safe Drinking Water Act (SDWA) Implementation; and Source Protection and Appropriation.

SOURCE PROTECTION & APPROPRIATION DIVISION
The Source Protection and Appropriation Division was initiated as the Water Rights Division under the Water Resources Administration of the Department of Natural Resources. In 1995, the Division transferred to the Department of the Environment under the Water and Wastewater Permits Program of the Water Management Administration. In 1999, the Division moved to the Water Supply Program, and in February 2004 assumed its present name.

To meet the increasing needs of Maryland water users, the Division regulates the withdrawal and use of surface and groundwater. The Division requires a permit to withdraw water from the ground, rivers, or Chesapeake Bay. (A permit is not required for farm use of less than 10,000 gallons a day, or home uses other than heating and cooling.) The Division reviews permit applications to assure that the amount of water withdrawn is reasonable; will not create problems for other users; and will not harm the resource. The Division also develops management plans for the water resources of a region, county, or town and provides detailed information about available groundwater and surface water for a specific area.

WETLANDS & WATERWAYS PROGRAM

The Program protects and manages Maryland's tidal and nontidal wetlands and waters. Besides its regulatory functions, the Program also creates, restores, and enhances nontidal wetlands and streams; provides training and technical assistance to local jurisdictions and private organizations; and helps develop watershed management plans.

In 1997, the State began a wetlands restoration initiative which aims to restore 60,000 acres of wetlands lost to sprawl development. Because they filter pollutants, such as excess nutrients, sediments, and toxics, wetlands are critical to the health of Chesapeake Bay and other coastal bays and waterways. They also provide habitats to many species of fish, birds, and mammals, including some which are rare and endangered.

Three divisions comprise the Program: Coastal Zone Consistency; Nontidal Wetlands and Waterways; and Tidal Wetlands.

COASTAL ZONE CONSISTENCY DIVISION
To ensure consistency with the State's Coastal Zone Management Program, the Coastal Zone Consistency Division evaluates proposed federal acts that affect Maryland's coastal zone. Acts reviewed include direct federal actions, federal licenses and permits, and financial assistance to State and local governments.

NONTIDAL WETLANDS & WATERWAYS DIVISION
Formerly under the Department of Natural Resources, the Nontidal Wetlands and Waterways Division joined the Department of the Environment in 1995. The Division oversees the permit process for construction projects affecting nontidal wetlands, such as swamps, bogs, marshes, bottomlands, and woodlands, their buffer zones, and nontidal waterways, including the 100-year flood plain. To streamline permitting, the water quality certification required under the federal Clean Water Act is now part of the Division's permit process.

TIDAL WETLANDS DIVISION
The Tidal Wetlands Division transferred from the Department of Natural Resources to the Department of the Environment in 1995. To minimize damage to tidal wetlands, the Division provides advice and issues permits for all construction projects that affect areas subject to the rise and fall of the tides.

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