DEPARTMENT OF THE ENVIRONMENT

FUNCTIONS


[photo, Montgomery Park Business Center, 1800 Washington Blvd., Baltimore, Maryland] The Department of the Environment formed in 1987 to protect and preserve the State's environmental resources (Chapter 306, Acts of 1987; Code Environment Article, secs. 1-401 through 1-407). The Department restores Maryland's environment and safeguards the environmental health of Maryland citizens. Its duties encompass enforcement and regulation, long-term planning and research, and technical assistance to industry and communities in their efforts to take responsibility for pollution, waste disposal, and emergency spills of waste or oil.

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, Land and Materials, Operational Services, and Water and Science.

OFFICE OF SECRETARY

Montgomery Park Business Center, 1800 Washington Blvd., Baltimore, MD 21230

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 (Code Environment Article, sec. 1-403).

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 Commerce Subcabinet; the Governor's Subcabinet for International Affairs, and the Smart Growth Subcabinet. The Secretary also chairs the Asbestos Oversight Committee, the Commission on Climate Change, and the Governor's Council on the Chesapeake Bay; and serves as vice-chair of the State Children's Environmental Health and Protection Advisory Council. In addition, the Secretary is a member of the Governor's Intergovernmental Commission for Agriculture; the Animal Waste Technology Fund Advisory Committee; the Baltimore Regional Transportation Board; the Bay Restoration Fund Advisory Committee; the Chesapeake Bay Trust; the Complete Streets Program Regulations Work Group; the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays; the Climate, Energy and Environmental Policy Committee, Metropolitan Washington Council of Governments; the Coast Smart Council; the Deep Creek Lake Policy and Review Board; the Executive Committee for Dredged Material Management Plans; the Maryland Zero Emission Electric Vehicle Infrastructure Council; the Commission on Environmental Justice and Sustainable Communities; the Maryland Green Building Council; the Project Green Classrooms Initiative; the Maryland Green Purchasing Committee; the Invasive Plants Advisory Committee; the Maryland Military Installation Council; the Council on Open Data; the Pesticide Advisory Committee; the Phosphorus Management Tool Transition Advisory Committee; the Governor's Task Force on Renewable Energy Development and Siting; the Renewable Fuels Incentive Board; the Scenic and Wild Rivers Review Board; the Interdepartmental Advisory Committee for Small, Minority, and Women Business Affairs; and the State Soil Conservation Committee. Moreover, the Secretary serves on the Ozone Transport Commission, and the Susquehanna River Basin Commission.

Under the Secretary are the Deputy Secretary, and two Assistant Secretaries, as well as the Commission on Climate Change, and the Maryland Water Quality Trading Advisory Committee. Also reporting to the Secretary are twelve offices: Audit, Budget and Infrastructure Financing, Communications, Counsel, Emergency Preparedness and Response, Environmental Information, Environmental Justice Coordination, Fair Practices, Legislative and Intergovernmental Relations, Performance Improvement and Customer Service, Sustainability, and Training and Professional Development.

OFFICE OF BUDGET & INFRASTRUCTURE FINANCING
The Office of Budget and Infrastructure Financing was created in 1995 as the Office of Budget to combine the functions of capital and operating budget management with those of bond sale and loan processing from the Water Quality Financing Administration. The Office became the Office of Budget and Finance in February 2007, and the Office of Budget and Infrastructure Financing in July 2009.

Under the Office are the Engineering and Capital Projects Program, and the Maryland Water Quality Financing Administration.

OFFICE OF COMMUNICATIONS
In 1991, the Office of Communications 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 was renamed the Office of Communications and Digital Strategy, and in 2015, the Office of Communications.

Responsible for media relations, the Office of Communications 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 EMERGENCY PREPAREDNESS & RESPONSE
In August 2010, the Office of Emergency Preparedness and Response started as the Emergency Preparedness and Planning Program, which organized under the Office of Secretary. In September 2011, it moved under Policy and Planning, which became Regulatory Programs and Policy in May 2015.

Prior to April 2017, many Program functions were carried out by the Emergency Response Division, which began as the Water Quality Monitoring Program. Under the Water Management Administration, the Division 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. As the Emergency Response Program, it moved to the Assistant Secretary in February 2007. In August 2010, it was placed under the Emergency Preparedness and Planning Program and in July 2014 was consolidated into the Emergency Response Division. The Division was absorbed by the Emergency Preparedness and Planning Program in April 2017, and later reformed under its present name.

The Program focuses on planning for and responding to emergencies, such as hazardous material spills, natural disasters, nuclear power plant incidents, chemical fires, fish kills, and other environmental disasters. By thorough preparation, training, and expert response strategies, the Program protects the public and the environment and minimizes the adverse effects of emergencies.

OFFICE OF ENVIRONMENTAL INFORMATION
Origins of the Office of Environmental Information trace to the Office of Information Management and Technology, which was formed to consolidate information technology functions 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, which became Operations in May 2015. In February 2017, the Office transferred to Regulatory Programs and Policy. In July 2017, the Office adopted its present name and was placed under the Office of Secretary.

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.

OFFICE OF LEGISLATIVE & INTERGOVERNMENTAL RELATIONS
The Office of Legislative and Intergovernmental Relations formed first as the Office of Legislative Affairs, became the Office of Legislation and Policy in February 2007, and the Office of Legislative and Intergovernmental Affairs in September 2011. The Office adopted its present name in November 2015.

PERFORMANCE IMPROVEMENT & CUSTOMER SERVICE
Performance Improvement and Customer Service began in 2007 as MDEStat, also known as BaySTAT. In July 2015, it was renamed MDE SERV (Service, Efficiency, Results, Value). In February 2017, it moved under the Assistant Secretary. It transferred to the Office of Secretary under its present name in July 2017.

The MDEStat processes which were created to assess and improve the efficiency and performance of the Department's regulatory programs continue to be used and refined by Performance Improvement and Customer Service. Weekly, performance data is submitted here by the Department's administrations for critical review and analysis. This review pinpoints where improvements can be made in permitting, regulatory oversight, and compliance, while ensuring transparency, efficient use of departmental resources, and environmental stewardship.

SUSTAINABILITY PROGRAM
The Sustainability Program formed under the Secretary of the Environment as the Office of Pollution Prevention and Sustainability and received its present name in 2017.

TRAINING & PROFESSIONAL DEVELOPMENT
In January 2018, Training and Professional Development was established under the Office of Secretary.


AIR & RADIATION ADMINISTRATION

Montgomery Park Business Center, 1800 Washington Blvd., Baltimore, MD 21230

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. In July 2017, the Administration assumed its present name.

Programs for cleaner air are developed and implemented by the Air and Radiation 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 seven programs: Air Monitoring; Air Quality Compliance; Air Quality Permits; Air Quality Planning; Climate Change; Mobile Sources Control; and Radiological Health. Also under the Administration are the Office of Operational Services and Administration, and the Air Quality Control Advisory Council.

AIR MONITORING PROGRAM

The Air Monitoring Program traces back to the Air Monitoring and Information Systems Program created in 1988. The Program became the Air Monitoring and Data Management Program in January 2000. On July 1, 2002, it merged with the Air Quality Planning Program to form the Air Quality and Data Analysis Program. In August 2003, the Program reorganized as the Air Quality Planning and Monitoring Program and, in August 2005, it restructured under its present name.

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

The Air Quality Compliance Program organized in September 1988 as the Enforcement Program. In 1995, it adopted its present name when it was placed under the Permits and Compliance Policy Office. The Program conducts inspections and enforces air pollution laws and regulations affecting industries that are major and technically demanding stationary sources of air pollution. The Program responds to all citizen complaints regarding air pollution and coordinates 24-hour responses of the Air and Radiation Management Administration.

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.

So that public and private schools can comply with federal and State regulations on asbestos, the Asbestos 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. Further, the Asbestos 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

In 1988, the Air Quality Permits Program began as the Air Toxics and New Source Permits Program. Reorganized under its present name in 1994, the Program was placed under the Permits and Compliance Policy Office in 1995. The Program works to ensure compliance with emission standards for toxic air pollutants. It reviews applications and issues permits for businesses to construct new industrial processes or modify existing ones that might become sources of air pollution. Permits also are issued to allow businesses to sell or burn waste oil with specified equipment.

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

AIR QUALITY PLANNING PROGRAM

The Air Quality Planning Program began in 1988 as the Air Quality Policy, Planning, and Regulation Development Program. In 1994, it reformed as the Air Quality Planning Program. On July 1, 2002, the Program merged with the Air Monitoring and Data Management Program to form the Air Quality and Data Analysis Program. In August 2003, the Program reorganized as the Air Quality Planning and Monitoring Program. In August 2005, that program divided, and the planning function became the Air Quality Planning Program again.

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.

CLIMATE CHANGE PROGRAM

Within the Air and Radiation Administration, the Climate Change Program started as a unit under the Air Quality Planning Program, and reformed as a separate program in 2017.

The Climate Change Program works to reduce greenhouse gas emissions while creating jobs and benefiting the economy, as required by the Greenhouse Gas Reduction Act. Many initiatives throughout the State contribute to these efforts, including the Regional Greenhouse Gas Initiative and Commission on Climate Change.

MOBILE SOURCES CONTROL PROGRAM

The Mobile Sources Control Program formed in September 1988 to deal with mobile sources of air pollution. The Program sets standards for motor vehicle emissions and helps administer the Motor Vehicle Emissions Inspection Program.

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

RADIOLOGICAL HEALTH PROGRAM

The Radiological Health Program originated in 1959 as a radiation protection section of the Department of Health. By 1967, the section had evolved into the Division of Radiological Health. When Maryland became a party to the U.S. Nuclear Regulatory Commission Agreement in 1971, the Division reorganized as the Division of Radiation Control within the Department of Health and Mental Hygiene. In 1987, the Division joined the Department of the Environment as the Center for Radiological Health. The Center reformed in 1989 as the Radiological Health Program under the Toxics, Environmental Science and Health Administration. In 1992, the Program was placed under the Air and Radiation Management Administration.

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. The Program also is aided by the Radiation Control Advisory Board.

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 DIVISION
The Radioactive Materials Division was first the Radioactive Materials Licensing, Compliance and Safeguards Division. It reorganized as the Radioactive Materials Licensing and Compliance Division in January 1997, and reformed as the Radioactive Materials Division in January 2018.

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 & MATERIALS ADMINISTRATION

Montgomery Park Business Center, 1800 Washington Blvd., Baltimore, MD 21230

Functions of the Land and Materials 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). It reformed as the Waste Management Administration in 1992, the Land Management Administration in July 2009, and adopted its current name in July 2017.

The Land and Materials 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. 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). Furthermore, the Administration's Resource Management Program leads State recycling initiatives.

Industrial wastes and designated hazardous substances may not be discharged or disposed of without a permit from the Land and Materials Administration. To assure compliance with the conditions of permits, certifications, and licenses that have been issued, the Administration conducts inspections and investigates reported water and pollution violations.

Under the Administration are seven programs: Land Restoration; Lead Poisoning Prevention; Mining; Oil Control; Resource Management; Solid Waste; and Technical Services and Operations.

LAND RESTORATION PROGRAM

The Land Restoration Program began in January 1989 as the Emergency Response Program. In 1992, the Program merged with four other units: the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) Program from the Waste Management Administration; and the Hazardous Materials Transport Division, Lead-in-Soil Project, and the Lead Poisoning Prevention Project of the Toxics, Environmental Science and Health Administration. From this merger, the Environmental Response and Restoration Program formed in 1992 under the Waste Management Administration. The Program restructured as the Environmental Restoration and Redevelopment Program in 1995, and as the Land Restoration Program in February 2007.

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

The Lead Poisoning Prevention Program was created in 1994 and placed under the Planning and Resource Management Program which became the Regulatory and Technical Assistance Program in 1995 (Chapter 114, Acts of 1994). In September 2000, the Program reorganized as the Lead Poisoning Prevention Program. All of its functions that were not related to lead poisoning prevention were then assigned to other Department agencies.

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

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 DIVISION
Origins of the Lead Surveillance Division trace to the Division of Environmental Disease in the Department of Health and Mental Hygiene. In 1987, Maryland's initiative for lead poisoning prevention moved to the Department of the Environment and, by 1988, was placed under the Center for Special Toxics. As the Lead Poisoning Prevention Division, it transferred to Toxics Operations Program in 1989, and as the Lead Coordination Program became part of Environmental Health Coordination in 1992. The Program, in 1995, moved to the Lead Coordination Division under the Regulatory and Technical Assistance Program. When that program reorganized in September 2000 as the Lead Poisoning Prevention Program, the Division reformed as the Lead Surveillance and Health Division. It adopted its present name in 2015.

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.

MINING PROGRAM

Formerly under the Water Management Administration, the Mining Program moved in July 2009 to the Land Management Administration, which was renamed the Land and Materials Administration in July 2017.

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

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


[photo, Oil tanks, Locust Point, Baltimore, Maryland] The Oil Control Program started in November 1988 as the Industrial Discharge Program under the Hazardous and Solid Waste Management Administration. In 1992, it reorganized by its current name under the Waste Management Administration.

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.

Oil tanks, Locust Point, Baltimore, Maryland, June 2019. Photo by Diane F. Evartt.


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

RESOURCE MANAGEMENT PROGRAM

The Resource Management 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. Restructured as the Waste Diversion and Utilization Program in August 2011, it adopted its present name in May 2015.

To meet State recycling goals, the Resource Management 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.

SOLID WASTE PROGRAM

In March 1992, the Solid Waste Program was initiated under the Waste Management Administration. The Program issues construction and operation permits for all facilities that accept solid waste. These include sanitary landfills, processing facilities, transfer stations, incinerators, and resource recovery plants. In addition, all county plans for solid waste management and recycling are reviewed by the Program.

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

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. In February 2017, it moved under the Deputy Secretary for Regulatory Programs and Policy.

Under the Administration are five offices: Central Services; Financial Monitoring; Fiscal Services; Human Resources; and Procurement and Contract Management. The Administration also is responsible for Records Management.


WATER & SCIENCE ADMINISTRATION

Montgomery Park Business Center, 1800 Washington Blvd., Baltimore, MD 21230

The Water and Science Administration was created in July 2017 from the merger of the Water Management Administration with the Science Services Administration.

Water Management. 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). In July 2017, the Water Management Administration merged with the Science Services Administration to form the Water and Science Administration.

Science Services. 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 Environmental Assessment Program of the Chesapeake Bay and Watershed Management Administration. In December 2004, it was placed under the Assistant Secretary for Policy, Community Relations, and Outreach. In September 2011, it moved under the Office of Secretary. In February 2017, it transferred to the Assistant Secretary, and in July 2017, merged with the Water Management Administration to form the Water and Science Administration.

The Water and Science 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.

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. Further, the Administration develops water quality standards and sets goals for environmental restoration and protection of State waters. In addition, it assesses water quality associated with channel dredging in Baltimore Harbor and Chesapeake Bay.

Eight programs are directed by the Water and Science Administration: Compliance; Environmental Assessment and Standards; Field Services; Integrated Water Planning; Sediment, Stormwater and Dam Safety; Wastewater Permits; Water Supply; and Wetlands and Waterways. Supporting Administration programs is Operational Services and Administration.

COMPLIANCE PROGRAM

The Compliance Program originated in 1988. It was renamed the Inspection and Compliance Program in 1992. Enforcement functions from the Water Resources Administration of the Department of Natural Resources were added to the Program in 1995. The Program reformed in 1996 as the Office of Compliance Policy and Management, and resumed its original name in February 2007.

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.

ENVIRONMENTAL ASSESSMENT & STANDARDS PROGRAM

Environmental Assessment & Standards Program. This program was created in February 2004 as the Environmental Assessment and Planning Program from components of the Environmental Health and Risk Assessment Program, and the Environmental Planning and Analysis Program. It was renamed the Environmental Assessment and Standards Program in March 2007. In July 2017, the Program moved from the Science Services Administration to the Water and Science Administration.

Historically, the Environmental Assessment and Standards Program and its predecessors have been responsible for protecting and monitoring water quality in the State.

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.

With local health departments, the Program works to monitor beach water quality and keep the public informed, as well as to improve water quality at Maryland beaches.

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

FIELD SERVICES PROGRAM

In February 2004, the Field Services Program was established as the Monitoring Program within the Technical and Regulatory Services Administration. In February 2007, it reformed as the Water Quality Monitoring Program under the Science Services Administration, and assumed its present name in August 2007. In July 2017, the Program moved from the Science Services Administration to the Water and Science Administration.

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.

INTEGRATED WATER PLANNING PROGRAM

The Integrated Water Planning 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 as the TMDL Technical Development Program.

In July 2017, the Integrated Water Planning Program was formed by the merger of the TMDL Technical Development Program and the Water Quality Restoration and Accountability Program under the Water and Science Administration.

TMDL stands for Total Maximum Daily Loads, which is the greatest amount of a pollutant or stressor that may flow to a water body and still meet federal and State water quality standards. Federal law requires states to establish these loads for waters that do not meet water quality standards. Further, the U.S. Environmental Protection Agency in 2010 set TMDL standards that limit the release of nitrogen, phosphorus, and sediment into Chesapeake Bay, and require that levels of these nutrients must be reduced by 2025.

Maryland's scientific database for water quality of the Chesapeake Bay, its tributaries, rivers, streams, lakes, and other waters within the State now is managed by the Integrated Water Planning Program. The Program develops and applies mathematical and other predictive models as the basis for Department water regulations and policy.

The Integrated Water Planning Program oversees three divisions: TMDL, Water Resources Planning, and Watershed Restoration.

TMDL DIVISION

OPERATIONAL SERVICES & ADMINISTRATION

Within the Department of the Environment, Operational Services and Administration started as the Office of Administrative Services, reorganized under the Water Management Administration as the Office of Operational Services and Administration on September 1, 1997, and reformed as Operational and Administrative Services in 2015. In July 2017, it assumed its former name.

SEDIMENT, STORMWATER & DAM SAFETY PROGRAM

The Nonpoint-Source Program began in 1988 as the Policy and Evaluation Program. It reformed as the Nonpoint-Source Permits Program in 1992 when the Sediment and Stormwater Administration merged with the Water Management Administration. The Program became the Nonpoint-Source Program in 1997, and adopted its present name in February 2007.

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

In the 1995 restructuring of the Department of the Environment, the Wastewater Permits Program was created as the Water and Wastewater Permits Program to streamline the permitting process. The Program assumed its current name in 1999 when the Water Rights Division moved to the Water Supply 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 five divisions: Biomonitoring, Pretreatment and Technical Services; Industrial and General Discharge Permits; Municipal Permits; On-Site Systems; and State Groundwater Permits.

INDUSTRIAL & GENERAL 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

Created in 1988, the Water Supply Program became the Public Drinking Water Program on July 1, 1993 and reverted to its original name in 1999. The Program sets and enforces drinking water standards by inspecting water treatment plants and distribution systems. It surveys drinking water systems to determine levels of nitrates, lead, volatile synthetic or organic chemicals, and other contaminants.

Under the Program are three divisions: Engineering and Technical Assistance; Safe Drinking Water Act (SDWA) Implementation; and Source Protection and Appropriation. Also assisting the Program are the State Board of Waterworks and Waste System Operators, and the State Board of Well Drillers.

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

Within the Department of Natural Resources, the Wetlands and Waterways Program started in 1972 in the General Permits Section of the Water Resources Administration. By 1987, it had become the Water Management Program. The Program was renamed in 1990 as the Water and Mineral Management Program and, in 1993, as the Water and Wetlands Program. When it transferred to the Department of the Environment in 1995, the Program reorganized as the Wetlands and 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.

Four divisions comprise the Program: Nontidal Wetlands; Regulatory and Customer Service; Tidal Wetlands; and Waterway Construction. The Program also is aided by the Marine Contractors Licensing Board.

NONTIDAL WETLANDS DIVISION
Formerly under the Department of Natural Resources, the Nontidal Wetlands and Waterways Division joined the Department of the Environment in 1995, and reformed as the Nontidal Wetlands Division by 2008.

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 floodplain. The Division also oversees the State-required compensatory mitigation for impacts to regulated resources.

REGULATORY & CUSTOMER SERVICE DIVISION
The Regulatory and Customer Service Division started as the Regulatory Services Division, and adopted its present name in 2020.

All applications made to the Wetlands and Waterways Program for the alteration of any floodplain, waterway, or tidal or nontidal wetland are screened and processed by the Division.

To ensure that discharges associated with federally licensed and permitted projects meet Maryland's water quality standards, the Division implements the State Water Quality Certification process.

With the Department of Natural Resources, the Division administers the Coastal Zone Management Act to ensure consistency with the State's Coastal Zone Management Program. Moreover, the Division evaluates federal legislation that affects Maryland's coastal zone, and reviews direct federal actions. licenses, and permits, as well as financial assistance to State and local governments.

TIDAL WETLANDS DIVISION
The Tidal Wetlands Division transferred from the Department of Natural Resources to the Department of the Environment in 1995.

Authorized by the Board of Public Works, the Division oversees tidal wetlands license procedures in Maryland.

To minimize damage to tidal wetlands, the Division provides advice and issues permits for construction and other projects that affect areas subject to the rise and fall of the tides.

WATERWAY CONSTRUCTION DIVISION
The Waterway Construction Division originated as the Nontidal and Waterways Division in the Department of Natural Resources. It transferred to the Wetlands and Waterways Program within the Department of the Environment in 1995, and reformed as the Waterway Construction Division by 2008.

The Division oversees the permit process for construction projects affecting nontidal waterways, including the 100-year floodplain.

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