In this subtitle the following words have the meanings indicated. “Costs of litigation” includes reasonable attorney’s fees, court costs, and expert witness fees. “Ephemeral stream” means a body of water with: A stream bed located above the water table year–round; A stream flow primarily sourced from rainfall runoff; and Flowing water only during, and for a short duration after, precipitation events in a typical year. “Intermittent stream” means a body of water with: Flowing water during certain times of the year, when groundwater provides water for stream flow; and A stream flow supplemented by runoff from rainfall. “Person” means an individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind and any partnership, firm, association, corporation, or other nongovernmental entity. “Political subdivision” means: A county; The City of Baltimore; A multicounty agency; A municipal corporation; A single–purpose district; or A sanitary district. “Standard” means any requirement, prohibition, limitation, or condition established by statute, regulation, permit, order, or license issued by the Secretary in accordance with: Title 5, Subtitle 9 of this article, if the requirement, prohibition, limitation, or condition is related to nontidal wetlands that do not have a continuous surface connection to surface water; or Title 9, Subtitle 3 of this article, if the requirement, prohibition, limitation, or condition is related to: An ephemeral stream; or An intermittent stream.

Except as provided in this subtitle, a person that meets the threshold standing requirements under federal law has standing in civil claims arising under any standard.

Subject to subsection (b) of this section, a person that has standing under § 1–902 of this subtitle may bring a civil action on the person’s own behalf against any person or political subdivision that is alleged to be in violation of any standard. Subject to paragraph (3) of this subsection, an action may not be brought under subsection (a) of this section unless the plaintiff first gives 60 days’ notice of the alleged violation. Notice under this subsection shall be: By certified mail; or By personal service; and Provided to: The Secretary; The Attorney General; Any local jurisdiction in which the violation is alleged to occur; and An alleged violator of the standard. An action may not be brought under subsection (a) of this section if the Secretary has commenced and is diligently prosecuting a civil action or a consent order is entered to require compliance from the alleged violator. Notwithstanding subparagraph (i) of this paragraph, a person that meets the threshold standing requirements under federal law may intervene in a civil action brought by the Secretary, as provided in § 1–904 of this subtitle. Notice under this subsection shall identify: A standard violated; An activity constituting the violation; A person suspected of being responsible for the violation; The location of the violation; The dates of violations if known; and The name and address of the person giving notice. An action brought in accordance with this section shall be brought in any circuit court of a county where the condition, activity, or failure is alleged to be a violation of a standard. Before the entering of any consent judgment to which the Department is not a party or before the dismissal of any case filed in accordance with this subtitle subject to a settlement agreement, the plaintiff shall: Give notice and provide a complete and unredacted copy of the proposed consent judgment or settlement agreement to the Department and the Attorney General by personal service or certified mail at least 45 days before the date that the proposed consent judgment or settlement agreement is filed with the court; and File an affidavit with the court under penalty of perjury indicating compliance with the requirement under item (1) of this subsection. A court may: Order the enforcement of a standard; and Grant: Temporary or permanent equitable relief; or Except as otherwise provided by this subtitle, any other relief provided under a standard. In an action under this section, the court may award the costs of litigation to: A prevailing plaintiff; A substantially prevailing plaintiff; or A substantially prevailing defendant if the plaintiff’s claim was frivolous, unreasonable, or groundless. Except as provided in paragraph (3) of this subsection, a court may impose a civil penalty authorized in accordance with the statute under which an action is brought under this section. A court may approve a consent judgment or settlement agreement between the parties that includes a supplemental environmental project. A civil penalty collected under this subsection shall be deposited in a manner specified by the statute. The State may not be held liable for civil penalties in any action under this subtitle.

Subject to paragraph (2) of this subsection, a person that meets the threshold standing requirements under federal law has the unconditional right and authority to intervene in a civil action brought by the Secretary under: Title 5, Subtitle 9 of this article; or Title 9, Subtitle 3 of this article. A person shall exercise the right to intervene under paragraph (1) of this subsection in accordance with the applicable practices, procedures, and laws in the State. A person that has standing to intervene under paragraph (1) of this subsection has the same rights as an interested person or aggrieved party under the federal Clean Water Act. The State may intervene as a matter of right at any time in any proceeding brought under this subtitle.