Maryland Code
Md. Code Ann., Envir. § 9-323 (2026)
§ 9-323
✓ current as of May 2026
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§9–323.
(a) (1) A person shall hold a discharge permit issued by the Department before the person may construct, install, modify, extend, alter, or operate any of the following if its operation could cause or increase the discharge of pollutants into the waters of this State:
(i) An industrial, commercial, or recreational facility or disposal system;
(ii) A State–owned treatment facility; or
(iii) Any other outlet or establishment.
(2) A person shall hold a CAFO Discharge permit issued by the Department before the person may begin construction on any part of a new CAFO.
(b) By rule or regulation, the Department may require a discharge permit for any other activity.
(c) The Department may not issue a CAFO Discharge permit to a person that violates subsection (a)(2) of this section.
(a) (1) A person shall hold a discharge permit issued by the Department before the person may construct, install, modify, extend, alter, or operate any of the following if its operation could cause or increase the discharge of pollutants into the waters of this State:
(i) An industrial, commercial, or recreational facility or disposal system;
(ii) A State–owned treatment facility; or
(iii) Any other outlet or establishment.
(2) A person shall hold a CAFO Discharge permit issued by the Department before the person may begin construction on any part of a new CAFO.
(b) By rule or regulation, the Department may require a discharge permit for any other activity.
(c) The Department may not issue a CAFO Discharge permit to a person that violates subsection (a)(2) of this section.
Notes of Decisions
Cited in 2
cases (1 in the last 5 years), 2001–2023 · leading case: Dept. of Env. v. Assateague Coastal Trust, 299 A.3d 619 (Md. 2023).
Dept. of Env. v. Assateague Coastal Trust, 299 A.3d 619 (Md. 2023). “In 2009, the General Assembly amended the provisions of EN § 1-601(b) to eliminate an aggrieved party’s right to a contested case hearing for certain types of environmental permits, including discharge permits issued under § 9-323 of the Environment Article. See 2009 Md.”
Piney Run Pres. Ass'n v. Cnty. Commissioners of Carroll Cnty., 268 F.3d 255 (4th Cir. 2001). “§§ 1311(a), 1342(a), (c); see also Md. Code Ann. Envir. § 9-323. Beginning in 1975, the Plant has operated under a series of NPDES permits granted by the MDE as the authorized state agency.”
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