FAQs • Harford County, MD • CivicEngage

Does the law apply to agricultural use?: No, lead-free materials are not required to be used for water systems used to irrigate land or supply water to livestock.

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Lead Free Materials

1. Are jobs that currently have permits exempt from this law?: The Board's proposed regulations do not exempt jobs that have open permits.

2. Do the lead-free requirements apply to publicly owned water treatment and distribution systems?: Yes, they apply. The bill does not contain any exempt publicly owned water treatment and distribution systems; likewise, the current draft of the regulations being proposed by the Board does not contain specific language regarding such an exemption. Public water systems are regulated under the Safe Drinking Water Act.

3. Does the law apply to agricultural use?: No, lead-free materials are not required to be used for water systems used to irrigate land or supply water to livestock.

4. How will the new law be enforced?: The Maryland Plumbing Act authorizes the State Board of Plumbing to conduct investigations into any complaints that allege facts that constitute a violation of the Act. In addition to members of the public, a county, municipality, or unit of the State government, may file a complaint with the Board. The Board also has authority to seek injunctive relief against any conduct that is in violation of the Act and that may result in irreparable harm to any person.

5. How will this law be enforced and who or what agency will be enforcing it?: The State Board of Plumbing is responsible for enforcing the Maryland Plumbing Act in the areas within the Board's jurisdiction.

6. What about the Federal law?: The Board's proposed regulation mirrors the language of the Federal Reduction of Lead in Drinking Water Act, enacted on January 4, 2011 and effective in January 2014.

7. What does "dispenses water for human consumption" mean?: The Board has interpreted "dispenses water for human consumption" to mean supplies drinking water. Therefore, items such as showerheads and laundry faucets are excluded for the requirements.

8. What is HB 372?: HB 372 is the House Bill that was adopted by the General Assembly and signed into law by Governor O"Malley on May 4, 2010. The law prohibits the sale and use of specified plumbing materials containing more than a specified amount of lead from being used in the installation or repair of plumbing intended to dispense water for human consumption. The law requires the State Board of Plumbing to adopt regulations to carry out the law.

9. What penalties will result if this law is violated?: Section 12-607 of the Maryland Plumbing Act states that any person who violates Section 12-605 and 12-606 is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 or imprisonment not exceeding 6 months or both for each day or part of each day that the violation continues.

10. When will the Board publish regulations?: The Board has approved proposed language for the regulations, which will be published in COMAR 09.20.01.03. The proposed regulations are waiting to be submitted to the regulatory approval process for publication in the Maryland Register. The anticipated publication date for the proposed regulations is December 2011.

11. When will the regulation be in effect?: These regulations will be effective 10 days after the publication of the notice of adoption in the Maryland Register, which occurs after the board takes final action on the proposed regulations. The Board anticipates that the proposed regulations will go into effect in February 2012.

12. Where is HB 372 published?: HB 372 is published in Title 12 of the Business Occupations and Professions Article of the Annotated Code of Maryland, which is known as the "Maryland Plumbing Act." HB 372 amends section 12-205(b)(3) and creates sections 12-605.1 and 12-605.2.

13. Who will be in charge of communicating this law to the plumbers, companies, municipalities and contractors?: The proposed regulations and the Notice of Final Action will be published in the Maryland Register. The Board will also publish the law and regulations on its website and will communicate directly with licensees.

14. Will a supplier be allowed to carry lead non-compliant brass/materials in their inventory?: Yes, they will be allowed to carry them in their inventory. The non-compliant materials may be sold for use with systems that carry water that is not for human consumption.

15. Will I have a chance to comment on the proposed regulations?: Yes, you will. Once the proposed regulations are published in the Maryland Register, the Board will receive comments from the public for at least 30 days. The Board will consider any comments received and may amend the proposed language of the regulation, prior to taking final action.

16. Will Maryland be issuing a list of materials that are required to follow this law?: Yes, they will be issuing a list. The proposed regulations contain an illustrative list of potable water end-use devices and potable water supply system piping that are intended to dispense water for human consumption through drinking or cooking, and a list of piping components that shall be lead-free when used with lead-free end-use devices.

17. Will the regulations also apply to Baltimore County and the WSSC jurisdiction?: No, they will not apply to them. The State Board of Plumbing does not have jurisdiction over Baltimore County or the WSSC (Washington Suburban Sanitary Commission) area.