MARYLAND DEPARTMENT OF THE ENVIRONMENT

1800 Washington Boulevard Baltimore MD 21230 410-537-3000 1-800-633-6101 www.mde.state.md.us

Martin OMalley Governor Anthony G. Brown Lieutenant Governor Robert M. Summers, Ph.D. Secretary

April 8, 2013

The Honorable William Boniface President Harford County Council 18 Office Street Bel Air, MD 21014 Dear Council President Boniface: Harford County Attorney Melissa Lambert contacted me Friday to ask several questions about HB 987 on behalf of the County Council. I am writing this to respond to her questions and some other frequently asked questions that have been referred to the Department by others. I have also enclosed a fact sheet and a copy of the law for you to share with the other members of the Council and others as you wish. As you know, a new State law that passed in 2012 (Environment Article 4-201.1 and 4-202.1), requires Harford County and other jurisdictions subject to federal Clean Water Act Municipal Separate Storm Sewer System (MS4) permits to adopt and implement local laws or ordinances necessary to establish a watershed protection and restoration program, including a stormwater remediation fee and a local watershed protection and restoration fund by July 1, 2013. The new stormwater permits are a critical component of Marylands efforts to protect and restore water quality in the States groundwater, streams, rivers, reservoirs and Chesapeake Bay. Marylands water quality restoration efforts have been led so far by upgrades to the States major wastewater treatment plants and implementation of pollution control practices like cover crops and stream buffers by farmers. Stormwater pollution from urban and suburban areas has continued to increase and we will not be able to restore water quality unless it is brought under control. Funding mechanisms like those required by HB 987 are essential to support these pollution control efforts that are critical to the future of Maryland. Ms. Lambert also indicated in a follow-up email that you would be interested in having a representative of the Department attend the Council meeting Tuesday night. The Department is certainly happy to send a representative to answer questions regarding the Departments interpretation of the requirements of the law; however, the Departments representative is not an attorney and will not be able to provide specific legal advice to the County. The Department will defer to your County Attorney if there are any legal questions.

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If you would still like to have a representative of MDE attend the meeting, please send the place and time you would like us to be on the agenda to me as soon as possible. If you have any questions, please contact me at 410-537-4187 or by email at bsummers@mde.state.md.us. Thank you. Sincerely,

Robert M. Summers, Ph.D. Secretary cc: Council Member Dion F. Guthrie, District A Council Member Joseph M. Woods, District B Council Member James McMahan, District C Council Member Chad Shrodes, District D Council Member Richard Slutzky, District E Council Member Mary Ann Lisanti, District F Ms. Melissa Lambert, Harford County Attorney

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