Maryland is grappling with a serious but largely invisible source of water pollution — and this week, the Maryland Senate is allowing a critical opportunity to better manage failing septic systems slip out of reach. In the aftermath of Senate floor discussions about important septic legislation, some lawmakers questioned whether pollution from septic systems is truly a problem — framing it as overblown, or even suggesting that septic systems are a simple, well-understood infrastructure that don't warrant additional scrutiny — and have made an attempt to heavily amended legislation that would effectively eliminate its original intent.
We — ShoreRivers, Arundel Rivers Federation, and Clean Water Action — want to be clear: this is a big problem, one that needs action. That's exactly what Senator Brooks’ Senate Bill 165 in its original form had sought to do, along with its companion House Bill 146, led by the indomitable Vice Chair Guyton, which passed earlier this Session by the House of Delegates.
SB165/HB146 requires septic system inspections and pumping when a home is sold or when a tenant turns over in a rental property. An inspection is valid for three years in most cases — and up to five years in some — providing flexibility while formalizing what health departments have recommended for decades, and what some counties, like Queen Anne’s, already require. The bill does not attempt to impose a one-size-fits-all standard. Septic systems vary widely, and the legislation rightly directs the Maryland Department of the Environment to work with industry professionals to develop those technical details through regulation.
The data makes it clear that septic pollution is significant statewide. The EPA’s Chesapeake Bay Program model reveals that in 17 out of Maryland’s 24 counties, nitrogen pollution from septic systems now exceeds the nitrogen discharged by municipal wastewater treatment plants. Nitrogen is the leading driver of algae blooms that rob our rivers of oxygen, suffocate aquatic life, and degrade the health of our iconic waterways. According to the Maryland Department of the Environment’s 2024 Integrated Report of Surface Water Quality, there were 52 new fecal bacteria impairments in the state, which specifically impacted shellfish harvesting and swimming beaches. Failing shoreline septics are often linked to high bacterial concentrations, especially in rural areas.
There’s also a persistent misconception that septic pollution is only a concern in the Critical Area. Roughly 70% of the nitrogen in our waterways comes from groundwater — which septic systems far beyond the shoreline are contributing to — as excess nitrogen travels underground, eventually entering our rivers and streams.
While Maryland has been a national leader in adopting Best Available Technology (BAT) septic systems, innovation alone has not solved the problem. BAT systems are only required in limited circumstances, not statewide. And even where they are installed, without regular inspection and maintenance, BAT systems can function no better than conventional systems.
The risks aren’t only environmental. Research from the University of Maryland has found significant links between high densities of septic systems in floodplains and increased rates of infections from pathogens like Campylobacter and Salmonella. In other words, failing systems can contaminate drinking water wells and expose people to serious illness.
And septic systems fail more often than many people realize. Age, shifting soil conditions, compromised drainfields, and increasingly frequent flood events and rising water tables all take their toll. Without regular inspections, these failures can go undetected for years, quietly increasing pollution loads and public health risks. According to a water advocacy report in Michigan, two counties found 1,000 failed septic tanks and 300 homes without any septic system at all in the first six years of implementing a similar ordinance.
In the final days and hours of this session, Vice Chair Guyton continues to work toward a solution that reinstates the original intent of this important bill. We call upon Senators to support this effort. Regular inspections of this vital appliance are necessary to protect our health and environment.
SB165/HB146 acknowledges a problem that has long been affecting our waterways and our health — and takes reasonable, science-based steps to address it. Maryland has made significant progress in cleaning up its waters over the past several decades, but ignoring septic pollution because it’s “out of sight" risks halting that progress. If we are serious about restoring our rivers and protecting the communities and economies that rely on them, we can’t afford to look the other way.
Elle Bassett, Annie Richards, and Emily Ranson
Elle Bassett is the South, West, Rhode Riverkeeper for Arundel Rivers Federation. Annie Richards is the Chester Riverkeeper for ShoreRivers on Maryland’s Eastern Shore. Emily Ranson is the Chesapeake Director for Clean Water Action.
