The Maryland Department of the Environment Air Quality Regulations set out in the Code of Maryland Regulations (COMAR 10.18.01 - 10.18.23), and as they may be amended from time to time, are hereby adopted by reference as the Prince George's County Air Quality Regulations and made part of this Subtitle, with the additions, insertions and changes prescribed in this Division. The Clerk of the Council shall at all times maintain and keep current three sets of such State regulations for public inspection.

In addition to the definitions of terms contained in the State regulations, the following definitions and terminology shall apply and are applicable in the interpretation and appreciation of this Division: Department as defined in COMAR 10.18.01, shall include the Prince George's County Health Department. Emergency shall mean a sudden, unexpected, and unforeseen condition of such public gravity as to require immediate action or a condition, which is predicted with reasonable certainty to require immediate action to carry out the purposes of this Division. Plan for compliance shall mean a schedule of actions submitted by the violator and approved by the Department.

Representatives of the Department may enter and inspect any property, premise or place at any reasonable time for the purpose of investigating either an actual or probable source of air pollution, or for determining the state of compliance with this Division.

Except as provided herein, a person may not set, cause, or allow an open fire without a valid permit issued by the Department. An open fire permit is not required for any of the following: Fires set for the purpose of cooking food on other than commercial premises. Campfires are included in this category. Oil or gas-fired salamanders or similar devices designed specifically for space heating. There shall be a fee as prescribed in the Table of Fees, section 2-253.63, Attachment A for an open fire permit issued for the purpose of land clearing. There shall be a fee as prescribed in the Table of Fees, section 2-253.63, Attachment A for renewal of open fire permits for the purpose of land clearing. The fee for all other open fire permits and for permit renewals are prescribed in the Table of Fees, section 2-253.63, Attachment A. A duplicate permit will be issued, on request, at a charge as prescribed in the Table of Fees, section 2-253.63, Attachment A. Open fire permits issued to governmental fire control agencies are not subject to a fee collection. Open fire permits may be issued for a maximum period of thirty (30) days and, at the discretion of the Health Officer, may be renewed once prior to expiration. An open fire permit for the Prince George's County Fire Training Academy may be issued on an annual basis.

The setting of an open fire at a location inside the Capital Beltway (I-95) is prohibited except for the following: For the prevention of a fire hazard that cannot be abated by other means. For the instruction of public fire fighters or industrial employees under supervision of the appropriate fire control official with approval of the County Fire Chief or his designee. For the protection of public health or safety when other means for disposing of hazardous materials are not available. For recreational purposes such as campfires, bonfires or for the cooking of food on other than commercial premises. For fires set in the course of agricultural operations in growing crops or raising fowl or animals or in accepted forestry practices. In no case shall this provision be construed as allowing the burning of ordinary household or barnyard trash in areas where provision is made for public collection of refuse.

Whenever the Department has reason to believe that a violation of any provision of this Division has occurred, it may serve written notice upon the alleged violator. The notice shall specify the provision of the Division, rule or regulation alleged to be violated, and the facts alleged to constitute a violation thereof, and may order that the necessary corrective action be taken within a reasonable time. Any such order shall become final no later than five (5) days after the date such order is served, unless the person named in the notice requests in writing a hearing before the Department. In lieu of such order, the Department may require that the alleged violator appear before the Department for a hearing at a time and place specified in the notice, to answer the charges complained of, or in the case of willful repeat offenders, the Department may initiate appropriate action for the recovery of a penalty for a violation of this Division. After such hearing, the Department shall affirm, modify or rescind its order, issue an appropriate new order, or enter into a Plan for compliance for the prevention, abatement or control of the air pollution involved. Such Plan shall prescribe timetables for necessary action in preventing, abating or controlling the air pollution, and for reporting progress made towards compliance. Nothing in this Division shall prevent the Department from making efforts to obtain voluntary compliance through the use of a verbal or written warning, conference or any other appropriate means. This Section does not authorize the Prince George's County Health Department to serve notice upon an alleged violator who has been cited by the State Health Department for the same violation.

Notwithstanding the provision of this Division or any other provision of law, if the Health Officer finds that any person is causing or contributing to air pollution and that such pollution creates an emergency which requires immediate action to protect the public health or safety, he/she shall order such person to reduce or discontinue the air pollution immediately. Such order shall be complied with immediately. Upon issuance of any such order, the Health Officer, if requested by the person so ordered, shall fix a time and place for a hearing before the Department. The hearing shall be held within a reasonable time thereafter. Not more than twenty-four (24) hours after the conclusion of such a hearing, and without adjournment thereof, the order shall be affirmed, modified or set aside.

Any person aggrieved by any order of the Department may appeal the order to the Circuit Court for the County as provided by Chapter 200, Title 7, Maryland Rules of Procedure.

A person who violates any provision of this Division or any regulation in this Division shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment in the County Jail or other place of legal incarceration for not more than six (6) months or both. Each day of violation shall constitute a separate offense. Action pursuant to Subsection (a) of this Section shall not preclude enforcement of this Division's rules and regulations nor orders made pursuant to this Division by injunction or other appropriate remedy. The Department shall have the power to institute and maintain in the name of the County, any and all such enforcement procedures.