Best Available Technology (BAT) Proposed Regulatory Revisions
This page is intended to provide information on the proposed revision to the regulations relating to BAT units and septic systems. The current version of the regulations can be found HERE. On August 20, 2016, Governor Larry Hogan announced the intent to repeal the universal requirement for BAT installation on all newly constructed septic systems outside of the Chesapeake Bay Critical Areas. On August 22, 2016, the Maryland Department of the Environment submitted proposed regulatory revisions to the Administrative, Executive, and Legislative Review Committee (AELR).
While these changes do not require legislative action, they do require publication in the Maryland Register and a 30 day window for public comment. Once that public comment period is over, the regulations are published for final action and are typically effective 10 days after that publication. If there are substantial comments, AELR may require a public hearing which could delay the process. In conclusion, look for the regulations to be published September 16th or 30th, becoming effective anywhere from November 2016 to January 2017. A summary of the changes is available HERE.
September 9, 2016: Frequently Asked Questions
September 16, 2016: Proposed regulations have been published in the Maryland Register.
**NEW** November 14, 2016: The proposed regulation has been published for final action in the Maryland Register. The effective date of the repeal will be November 24, 2016.
Additional Information on the Bay Restoration Fund (BRF) can be found HERE.