The Secretary shall carry out and enforce the provisions of this article and the rules and regulations adopted under this article. The Secretary may delegate duties, powers, and functions as provided in this article to a health officer for a county or to another county official authorized to administer and enforce environmental laws. In those counties where a county official other than the health officer is authorized to administer and enforce State environmental laws under this section, the county shall establish minimum qualifications for that county official that include standards of education and experience related to environmental issues. If the Department processes and issues on–site sewage disposal permits or individual well construction permits, the Department may charge a fee for processing and issuing the permits if a licensed environmental health specialist reviews and approves the permits. The fees: Shall be established by the Department in regulation; and Except as provided in subparagraph (ii) of this paragraph, may not exceed $575. Subject to subsubparagraph 2 of this subparagraph, the Department may annually increase the fees under subparagraph (i) of this paragraph in accordance with the percentage increase in the Consumer Price Index for All Urban Consumers for the Washington Metropolitan Area during the previous year. The Department may not annually increase the fees under this subsection by more than 3%. The fees collected by the Department under this subsection shall be deposited into the Maryland Clean Water Fund in § 9–320 of this article. On or before October 1 of each year, the Secretary, in consultation with the Attorney General, shall submit to the Legislative Policy Committee, the Senate Committee on Education, Energy, and the Environment, the Senate Budget and Taxation Committee, the House Environment and Transportation Committee, and the House Appropriations Committee, in accordance with § 2–1257 of the State Government Article, a report on enforcement activities conducted by the Department during the previous fiscal year. The report shall: Include the information required under this subsection and any additional information concerning environmental enforcement that the Secretary decides to provide; Be available to the public as soon as it is forwarded to the Legislative Policy Committee; Include information on the total number of permits and licenses issued by or filed with the Department at any time and still in effect as of the last date of the fiscal year immediately preceding the date on which the report is filed; Include information concerning specific enforcement actions taken with respect to the permits and licenses during the immediately preceding fiscal year; and Include information on the type and number of contacts or consultations with businesses concerning compliance with State environmental laws. The information required in the report under paragraph (3) of this subsection shall be organized according to each program specified. The report shall state the total amount of money as a result of enforcement actions, as of the end of the immediately preceding fiscal year: Deposited in the Maryland Clean Air Fund; Deposited in the Maryland Oil Disaster Containment, Clean–Up and Contingency Fund; Deposited in the Nontidal Wetland Compensation Fund; Deposited in the Maryland Hazardous Substance Control Fund; Recovered by the Department from responsible parties in accordance with § 7–221 of this article; and Deposited in the Maryland Clean Water Fund. The report shall include the information specified in subparagraphs (ii), (iii), (iv), and (v) of this paragraph for each of the following programs in the Department: Ambient air quality control under Title 2, Subtitle 4 of this article; Oil pollution under Title 4, Subtitle 4 of this article; Nontidal wetlands under Title 5, Subtitle 9 of this article; Asbestos under Title 6, Subtitle 4 of this article; Lead paint under Title 6, Subtitle 8 of this article; Controlled hazardous substances under Title 7, Subtitle 2 of this article; Water supply, sewerage systems, and refuse disposal systems under Title 9, Subtitle 2 of this article; Water discharges under Title 9, Subtitle 3 of this article; Drinking water under Title 9, Subtitle 4 of this article; and Wetlands under Title 16, Subtitle 2 of this article. For each of the programs set forth in subparagraph (i) of this paragraph, the Department shall provide the total number or amount of: Final permits or licenses issued to a person or facility, as appropriate, and not surrendered, suspended, or revoked; Inspections, audits, or spot checks performed at facilities permitted; Injunctions obtained; Show cause, remedial, and corrective action orders issued; Stop work orders; Administrative or civil penalties obtained; Criminal actions charged, convictions obtained, imprisonment time ordered, and criminal fines received; and Any other actions taken by the Department to enforce the requirements of the applicable environmental program, including: Notices of the removal or encapsulation of asbestos under § 6–414.1 of this article; and Actions enforcing user charges against industrial users under § 9–341 of this article. In addition to the information required in subparagraph (ii) of this paragraph, for the Lead Paint Program under Title 6, Subtitle 8 of this article, the report shall include the total number or amount of: Affected properties registered; and Inspectors or other persons accredited by the Department, for whom accreditation has not been surrendered, suspended, or revoked. In addition to the information required in subparagraph (ii) of this paragraph, for the Controlled Hazardous Substances Program under Title 7, Subtitle 2 of this article, the report shall include the following lists, updated to reflect the most recent information available for the immediately preceding fiscal year: Possible controlled hazardous substance sites compiled in accordance with § 7–223(a) of this article; Proposed sites listed in accordance with § 7–223(c) of this article at which the Department intends to conduct preliminary site assessments; and Hazardous waste sites in the disposal site registry compiled in accordance with § 7–223(f) of this article. In addition to the information required in subparagraph (ii) of this paragraph, for the Drinking Water Program, the report shall include the total number of: Actions to prevent public water system contamination or to respond to a Safe Drinking Water Act emergency under §§ 9–405 and 9–406 of this article; and Notices given to the public by public water systems under § 9–410 of this article.

A person who knowingly falsifies, alters, or causes another to falsify or alter any permit, license, or certificate issued or required pursuant to this article to demonstrate compliance with any environmental regulation, permit condition, or other regulatory requirement under this article is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50,000 for each violation or imprisonment not exceeding 2 years or both. A person who knowingly possesses, displays, or submits to the Department or any other person any falsified or altered permit, license, or certificate issued or required pursuant to this article to demonstrate compliance with any environmental regulation, permit condition, or other regulatory requirement under this article is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50,000 for each violation or imprisonment not exceeding 2 years or both. Any fine imposed in accordance with this section shall be ordered paid into any applicable special fund authorized to receive fines for violations of any section of this article that requires or authorizes the document that is the subject of this violation. The Attorney General shall take charge of, investigate, prosecute, and defend on behalf of the State every case arising under the provisions of this section, including the recovery of any fines. The provisions of this section may not limit or affect the power or authority of State’s Attorneys under § 15–102 of the Criminal Procedure Article.

A criminal prosecution or a suit for a civil penalty by the Department for violation of any provision of this article or any rule, regulation, order, or permit adopted or issued under this article, shall be instituted within 3 years after the date the Department knew or reasonably should have known of the violation. Subject to paragraph (2) of this subsection, an action for an administrative penalty by the Department for violation of any provision of this article or any rule, regulation, order, or permit adopted or issued under this article, shall be instituted within 5 years after the date the Department knew or reasonably should have known of the violation. The statute of limitations for an action for an administrative penalty for an ongoing violation shall be tolled until the action that caused the ongoing violation has ceased. A suit for a civil penalty by a political subdivision for violation of any provision of this article or any rule, regulation, order, or permit adopted or issued under this article, or for a violation under any regulatory program the political subdivision is required to adopt and enforce under the provisions of this article, shall be instituted within 3 years after the date the political subdivision knew or reasonably should have known of the violation.

Except as provided in paragraph (2) of this subsection, the following persons shall reimburse a county for the reasonable costs incurred by the county in conducting environmental health monitoring or testing, including the cost of collecting and analyzing soil samples, surface water samples, or groundwater samples for the purpose of assessing the effect on public health and the environment of the person’s release of a hazardous substance, discharge of oil, or discharge of a pollutant in the waters of the State: A responsible person as defined under Title 7, Subtitle 2 of this article; A person responsible for the discharge as defined under Title 4, Subtitle 4 of this article; or A person responsible for the discharge of a pollutant into the waters of the State in violation of § 9–322 or § 9–323 of this article. A person may not be required to reimburse a county for costs under paragraph (1) of this subsection if the person has entered into a consent order with the Department. Costs incurred by a county for environmental health monitoring or testing under activities that are duplicative of State activities, or are not reasonably necessary to protect human health or the environment, are not eligible for reimbursement under subsection (a) of this section. A county may recover costs that are reimbursable under subsection (a) of this section in a civil action. If a county determines that it would be more efficient to combine the county’s claim for reimbursement under subsection (a) of this section with a pending claim by the Department, the Department shall, on request by the county, seek to recover reimbursable costs on behalf of the county. The Department may adopt regulations to carry out the provisions of this section.

In this section the following words have the meanings indicated. “Alleged violation” means an alleged violation of any requirement in this article or any regulation authorized by a provision of this article, including federal requirements and standards delegated to the State. “Complaint” means a complaint regarding an alleged violation of any air or water quality requirement in this article or any air or water quality regulation authorized by a provision of this article, including federal requirements and standards delegated to the State. This section applies only to: Beginning October 1, 2021, water quality programs within the Department’s Water and Science Administration that are tracked through the Department’s Environmental Tracking System or a comparable database; and Beginning June 30, 2022: Water quality programs within the Department’s Land and Materials Administration that are tracked through the Department’s Environmental Tracking System or a comparable database; and Air quality programs within the Department’s Air and Radiation Administration that are tracked through the Department’s Environmental Tracking System or a comparable database. The Department shall: Receive and process complaints that involve alleged violations; Keep an electronic record of each complaint that is received under this section for 10 years, including information on: The county in which the alleged violation occurred; and Which administration within the Department is authorized to enforce the alleged violation; and Maintain and update, on at least a quarterly basis, a list of: New complaints that have been received by the Department that involve alleged violations, including information on: The county in which the alleged violation occurred; and Which administration within the Department is authorized to enforce the alleged violation; Complaints that remain open; and Complaints that have been closed. On at least a monthly basis, the Department shall update and publish on its website a list of legal settlements finalized by the Department that involve violations, including information on: The date a settlement was finalized; The relevant law or regulation that is the basis of the violation; Which administration within the Department is authorized to enforce the violation; The name of the site or regulated entity and the location of the site at issue; The amount of any penalty assessed; A description of the violation; and A link to a downloadable document containing the final settlement agreement. The Department shall develop and maintain a website to provide: A list of each complaint received by the Department that includes only: The date on which the complaint was submitted; The county in which the alleged violation occurred; Which administration within the Department is authorized to enforce the alleged violation; Any complaint or case identification number; and If a complaint has been closed, the date on which the complaint was closed; A list of each inspection that has been conducted by the Department during the immediately preceding 365 days under the authority of a State or federal law or regulation related to managing or protecting the environment that includes only: The name of the site or regulated entity; The county and, if readily available, the zip code in which the inspection occurred; If applicable, the permit number associated with the site; Any inspection identification number; Whether the site is in compliance or whether any additional investigation is necessary; The status of the inspection; and The media basis for the inspection; An electronic link or other means of downloading a digital copy, if readily available, of an inspection report that includes information that is listed under item (2) of this subsection if the information is maintained by the Department in the Environmental Tracking System or a comparable database; A list of each enforcement action that has been initiated by the Department during the immediately preceding 365 days under the authority of a State or federal law or regulation related to protecting or managing the environment that includes only: Whether any penalties were imposed and the amount of the penalties collected; Whether any orders were issued; Whether the case was referred for prosecution or further enforcement action; Whether compliance assistance was rendered; The county and, if readily available, the zip code in which the enforcement action occurred; The enforcement action identification number; If applicable, the permit number; and Which administration within the Department carried out the enforcement action; A list of each violation discovered within the immediately preceding 365 days that the Department has deemed “significant noncompliance” or a “high–priority violation” that includes only: The date on which the violation was identified as “significant noncompliance” or a “high–priority violation”; The date on which the site or regulated entity regained compliance, if applicable; The county and, if readily available, the zip code in which the violation occurred; Whether any enforcement action has been initiated or corrective action requested; and Which administration within the Department is authorized to enforce the violation; A list of all expired and administratively continued environmental permits subject to this section, including information on: The name of the permittee; The expiration date of the permit; The permit number; The county and, if readily available, the zip code in which the site or regulated entity is located; and Any information on the status of the permit renewal process, including whether an application to renew the permit has been submitted and whether the permit is deemed to be expired or administratively continued; All information required to be posted on the Department’s website in accordance with § 4–802 of this article; and A list of each sewage overflow incident in the State, including information on: The location of the sewage overflow; The entity from which the sewage overflow originated; and Whether the sewage was treated or raw sewage. The information posted on the website in accordance with subsections (d) and (e) of this section shall be: Kept for at least 10 years; Updated on at least a monthly basis; and Maintained in a database format to ensure that the information is searchable by category of information.

In this section, “supplemental environmental project” means an environmentally beneficial project or activity that is not required by law but that an alleged violator agrees to undertake as part of a settlement or enforcement action. Subject to paragraph (2) of this subsection, the Department shall create and maintain a database of supplemental environmental projects that the Department may consider for implementation as part of a settlement of an enforcement action. In creating and maintaining the database, the Department shall solicit input from communities in the State that are overburdened, underserved, or otherwise disadvantaged by environmental stressors. The Department shall include oyster repletion projects in the database. The Department may, with reasonable justification, consider a supplemental environmental project that is not included in the database required in subsection (b) of this section as part of a settlement of an enforcement action. The Department may not choose a supplemental environmental project offered by the violator unless the Department: Approves the project; and Maintains documentation of the approval. Before a violator undertakes a supplemental environmental project, the Department shall: Give priority consideration to the selection of a project located in the same geographic area impacted by the alleged violation; and Ensure that the scope and cost of the chosen project is reasonably related to the nexus of the violation or the adverse impact of the violation and that the cost is sufficient to allow the Department and the alleged violator to reach a settlement.