(a) There is a Reservoir Augmentation Program in the Department.
(b) Except as provided in this section, a person may not perform reservoir augmentation.
(c) Subject to the provisions of this section, the Department may issue, modify, or renew a reservoir augmentation permit if the Department finds that:
(1) The treatment process will meet or surpass standards established by the Department before water enters the reservoir;
(2) The treatment process will meet or surpass standards established by the Department before water enters the distribution system; and
(3) The applicant agrees to provide the Department the right of entry on the permit site at any reasonable time to inspect or investigate for a violation or potential violation of the reservoir augmentation permit.
(d) The Department may include in a reservoir augmentation permit any term, condition, or requirement that the Department deems appropriate to protect public health or the environment.
(e) The provisions of Title 1, Subtitle 6 of this article shall govern the issuance of reservoir augmentation permits.
(f) (1) A person shall obtain, on written application to the Department, a permit from the Department to perform reservoir augmentation.
(2) An application for a reservoir augmentation permit shall include:
(i) Except as provided in paragraph (3) of this subsection, a feasibility study showing the purpose and the need for the reservoir augmentation project, including:
1. A description and technical analysis of the reservoir augmentation project and alternative options; and
2. The costs associated with the reservoir augmentation project and alternative options; and
(ii) Any additional information requested by the Department.
(3) A feasibility study is not required for a reservoir augmentation project that was previously approved by the Department under the Indirect Potable Reuse Pilot Program.
(g) The Department may refuse to issue a reservoir augmentation permit if:
(1) The applicant fails to provide any information requested by the Department;
(2) The applicant fails or refuses to allow the Department to inspect the permit site;
(3) The source of the reclaimed water fails to comply with any State or federal law, regulation, or permit;
(4) The Department finds that the issuance of the reservoir augmentation permit would violate any State or federal law or any regulation adopted under State or federal law; or
(5) The applicant fails or refuses to pay the application fee established under subsection (j) of this section.
(h) The Department may not issue a reservoir augmentation permit for a term longer than 5 years.
(i) The Department may revoke a reservoir augmentation permit if the Department finds that:
(1) The application included false or inaccurate information;
(2) Conditions or requirements of the reservoir augmentation permit have been or are about to be violated;
(3) Substantial deviation from plans, specifications, or requirements has occurred or is about to occur;
(4) The Department is refused entry to any premises for the purpose of evaluating compliance with the reservoir augmentation permit;
(5) A change in conditions exists that requires the temporary or permanent reduction or elimination of the use of reclaimed water;
(6) There is noncompliance with a discharge permit or pretreatment regulation adopted by the Department that may affect the reclaimed water;
(7) Any requirement established under the federal Safe Drinking Water Act, Subtitle 4 of this title, or Title 12 of this article has been or is threatened to be violated; or
(8) The reclaimed water may threaten public health, safety, comfort, or the environment.
(j) (1) The Department shall adopt regulations that establish:
(i) The standards for reservoir augmentation; and
(ii) The application, issuance, revocation, and modification of a reservoir augmentation permit.
(2) The regulations adopted under this section shall set a reasonable application fee in an amount designed to cover the cost of issuing and administering a reservoir augmentation permit under the Program.
(k) All revenues collected by the Department under this section, including application fees, permit fees, renewal fees, or any administrative penalty, civil penalty, or any fine imposed by a court for violations of this section, shall be distributed to a special fund, to be used only for the operation and oversight of the Reservoir Augmentation Program.
(l) On or before December 31, 2035, and every 5 years thereafter, the Department shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the implementation of the Reservoir Augmentation Program.