<section article="gen" article_name="Environment" number="4-101" title_number="4" title_name="Water Management" subtitle_number="1" subtitle_name="Sediment Control"> <text>The General Assembly determines and finds that lands and waters comprising the watersheds of the State are great natural assets and resources. As a result of erosion and sediment deposit on lands and in waters within the watersheds of the State, these waters are being polluted and despoiled to such a degree that fish, marine life, and recreational use of the waters are being affected adversely. To protect the natural resources of the State, the Secretary of the Environment, in consultation with the Secretary of Natural Resources shall adopt criteria and procedures for the counties and the local soil conservation districts to implement soil erosion control programs. These procedures may provide for departmental review and approval of major grading, sediment, and erosion control plans. These procedures shall provide that the Department of the Environment conduct periodic inspections and review of the implementation by the counties and the local soil conservation districts of these control plans.</text> <text>Because of the great potential for harm to the waters of the State if soil erosion and sediment control measures are not properly implemented and maintained and because of the cumulative effect on the environment of violations whether the project creating the violations is large or small, it is necessary for the protection of the waters of the State to provide procedures for obtaining immediate compliance with the law, when violations occur.</text> </section> <section article="gen" article_name="Environment" number="4-101.1" title_number="4" title_name="Water Management" subtitle_number="1" subtitle_name="Sediment Control"> <level label="a"> <text>In this title the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Large redevelopment site” means any real property:</text> <level label="1"> <text>Consisting of one or more contiguous parcels that are collectively more than 500 acres;</text> </level> <level label="2"> <text>That is being used, or was formerly used, for industrial purposes and manufacturing; and</text> </level> <level label="3"> <text>For which the Department has received:</text> <level label="i"> <text>One or more applications for participation in the Voluntary Cleanup Program under Title 7, Subtitle 5 of this article; or</text> </level> <level label="ii"> <text>One or more plans for remedial action by a responsible party, the owner or operator of the site, or a prospective purchaser of the site in accordance with § 7–222 of this article.</text> </level> </level> </level> <level label="c"> <text>“Person” includes the federal government, the State, any county, municipal corporation, or other political subdivision of the State, or any of their units.</text> </level> <level label="d"> <text>“Pollution” means any contamination or other alteration of the physical, chemical, or biological properties of any waters of this State, including a change in temperature, taste, color, turbidity, or odor of the waters or the discharge or deposit of any organic matter, harmful organism, or liquid, gaseous, solid, radioactive, or other substances into any waters of this State, that will render the waters harmful or detrimental to:</text> <level label="1"> <text>Public health, safety, or welfare;</text> </level> <level label="2"> <text>Domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses;</text> </level> <level label="3"> <text>Livestock, wild animals, or birds; or</text> </level> <level label="4"> <text>Fish or other aquatic life.</text> </level> </level> <level label="e"> <text>“Waters of this State” includes:</text> <level label="1"> <text>Both surface and underground waters within the boundaries of this State subject to its jurisdiction, including that part of the Atlantic Ocean within the boundaries of this State, the Chesapeake Bay and its tributaries, and all ponds, lakes, rivers, streams, storm drain systems, public ditches, tax ditches, and public drainage systems within this State, other than those designed and used to collect, convey, or dispose of sanitary sewage; and</text> </level> <level label="2"> <text>The flood plain of free–flowing waters determined by the Department of Natural Resources on the basis of the 100–year flood frequency.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="4-102" title_number="4" title_name="Water Management" subtitle_number="1" subtitle_name="Sediment Control"> <text>The provisions of this subtitle do not apply to agricultural land management practices, construction of agricultural structures, or, except in Calvert County, to construction of single-family residences or their accessory buildings that disturb an area of less than one-half acre and occur on lots of two acres or more. Regardless of planning, zoning, or subdivision controls, a county or municipality may not issue a permit for grading or construction of any building, other than those matters exempted by the provisions of this section, unless the grading or construction conforms with plans approved as provided in this subtitle.</text> </section> <section article="gen" article_name="Environment" number="4-103" title_number="4" title_name="Water Management" subtitle_number="1" subtitle_name="Sediment Control"> <level label="a"> <level label="1"> <text>A county or municipality may issue grading and building permits as provided by law.</text> </level> <level label="2"> <text>A grading or building permit may not be issued until the developer:</text> <level label="i"> <text>Submits a grading and sediment control plan approved by:</text> <level label="1"> <text>The appropriate soil conservation district;</text> </level> <level label="2"> <text>A municipal corporation in Montgomery County that is designated under paragraph (4) of this subsection; or</text> </level> <level label="3"> <text>The Department, if the property that is the subject of the grading or building permit is, or is included in, a large redevelopment site; and</text> </level> </level> <level label="ii"> <text>Certifies that all land clearing, construction, and development will be done under the plan.</text> </level> </level> <level label="3"> <level label="i"> <text>Except for large redevelopment sites, criteria for sediment control and the procedure for referring an applicant to the appropriate soil conservation district shall be acceptable to the soil conservation district and the Department of the Environment.</text> </level> <level label="ii"> <text>For large redevelopment sites, criteria for sediment control shall be determined by the Department and shall be as protective of the environment as the criteria required under subparagraph (i) of this paragraph.</text> </level> </level> <level label="4"> <text>A soil conservation district may delegate approval authority of a grading and sediment control plan to a municipal corporation in Montgomery County that:</text> <level label="i"> <text>Has its own sediment control review provisions that are at least as stringent as the provisions of the grading and sediment control plan of the soil conservation district;</text> </level> <level label="ii"> <text>Issues sediment control permits; and</text> </level> <level label="iii"> <text>Meets the necessary performance standards established by written agreement between the district and the municipal corporation.</text> </level> </level> </level> <level label="b"> <text>Each county or municipality shall adopt grading and building ordinances necessary to carry out the provisions of this subtitle, with the assistance of the Department of the Environment and the appropriate soil conservation district.</text> </level> <level label="c"> <text>Each soil conservation district may recommend a fee system to cover the cost of reviewing the grading and sediment control plans. Subject to § 8-311 of the Agriculture Article, any recommended fee shall take effect upon enactment by the local governing body. Any fees collected pursuant to this fee system shall be supplementary to county and State funds and may not (1) be used to reduce county or State funds, and (2) exceed the cost of reviewing the plans.</text> </level> <level label="d"> <text>Each soil conservation district shall require an applicant for grading and sediment control plan approval to submit a sufficient number of copies of the plan to enable the district to forward copies of the plan to appropriate State and local agencies. Where enforcement authority has been retained by the Department of the Environment, each district shall forward 1 copy of each approved plan to the Department of the Environment immediately upon approval.</text> </level> <level label="e"> <level label="1"> <text>Notwithstanding any other provision of State law or local ordinance, it shall be the sole responsibility of the Department to enforce compliance with the provisions of this subtitle and of any approved plan, except in those counties and municipalities to which enforcement authority has been delegated in accordance with paragraph (2) of this subsection.</text> </level> <level label="2"> <level label="i"> <level label="1"> <text>The Secretary of the Environment shall delegate enforcement authority under this subtitle to any county or municipality which is found capable of enforcing compliance with the provisions of this subtitle, or is found to have enforcement capability within that jurisdiction which is comparable to that of the Department in terms of laws and procedures, manpower, equipment, and overall effectiveness.</text> </level> <level label="2"> <text>The Secretary may delegate a specific portion of the enforcement authority under this subtitle to a county or municipality.</text> </level> <level label="3"> <text>The Secretary may not deny a requested delegation unless opportunity has been afforded to the appropriate officials of the affected local jurisdiction to present arguments before the Secretary.</text> </level> </level> <level label="ii"> <text>A delegation pursuant to this paragraph shall be effective for not more than 2 years, unless renewed by the Secretary.</text> </level> <level label="iii"> <text>Every such delegation shall be subject to suspension by the Secretary, after opportunity is afforded for a hearing, upon a finding that the county or municipal program has fallen below the standard of comparable effectiveness. During a period of suspension, the Department shall enforce compliance in the affected jurisdiction.</text> </level> <level label="iv"> <text>Any county or municipality requesting either delegation of enforcement authority or renewal of delegation under this subtitle shall submit the request to the Secretary on or before October 1 immediately preceding the fiscal year for which delegation or renewal of delegation is sought.</text> </level> <level label="v"> <text>On or before January 1 of the year during which delegation is sought by a county or municipality, the Secretary shall:</text> <level label="1"> <text>Grant the request;</text> </level> <level label="2"> <text>Deny the request; or</text> </level> <level label="3"> <text>Delegate a specific portion of the enforcement authority under this subtitle.</text> </level> </level> </level> </level> <level label="f"> <level label="1"> <text>Subject to paragraph (2) of this subsection, the Secretary, by contractual agreement, may authorize a soil conservation district to inspect sites for compliance with approved sediment control plans.</text> </level> <level label="2"> <text>The Secretary may not authorize a soil conservation district to inspect sites over which a county or municipality has been delegated enforcement authority under subsection (e) of this section.</text> </level> <level label="3"> <level label="i"> <text>A district authorized to perform inspections under this subsection may establish a fee system providing for the assessment and collection of inspection fees on all sites in the district with approved plans.</text> </level> <level label="ii"> <text>The fees shall be based on the reasonably anticipated cost of inspections to be performed under the contractual agreement.</text> </level> <level label="iii"> <text>The district shall not assess and collect fees in a jurisdiction which has been delegated enforcement authority by the Secretary.</text> </level> </level> </level> </section> <section article="gen" article_name="Environment" number="4-104" title_number="4" title_name="Water Management" subtitle_number="1" subtitle_name="Sediment Control"> <level label="a"> <text>In this section, “responsible personnel” means any foreman, superintendent, or project engineer who is in charge of on–site clearing and grading operations or sediment control associated with a construction project.</text> </level> <level label="b"> <level label="1"> <text>After July 1, 1983, any applicant for sediment and erosion control plan approval shall certify to the appropriate jurisdiction that any responsible personnel involved in the construction project will have a certificate of attendance at a Department approved training program for the control of sediment and erosion before beginning the project.</text> </level> <level label="2"> <text>A certificate shall be:</text> <level label="i"> <text>Valid for a 3–year period; and</text> </level> <level label="ii"> <text>Automatically renewed unless the Department notifies the certificate holder that additional training is required.</text> </level> </level> </level> <level label="c"> <text>The appropriate governmental entity authorized to approve grading and sediment control plans may waive the requirement of this section for the responsible personnel on any project involving four or fewer residential units.</text> </level> <level label="d"> <text>Any person may develop and conduct a training program if the program content and instructor are approved by and meet the requirements set by the Department of the Environment.</text> </level> <level label="e"> <level label="1"> <text>The Department may establish by regulation a fee for processing and issuing the certification.</text> </level> <level label="2"> <text>A fee established in accordance with this subsection shall be set at a rate that produces funds approximately the same as the cost of processing and issuing the certification.</text> </level> <level label="3"> <text>The Department shall deposit any fee collected in accordance with this subsection into the Maryland Clean Water Fund established under § 9–320 of this article.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="4-105" title_number="4" title_name="Water Management" subtitle_number="1" subtitle_name="Sediment Control"> <level label="a"> <level label="1"> <level label="i"> <text>In this section, “construction” means land clearing, grubbing, topsoil stripping, soil movement, grading, cutting and filling, transporting, or otherwise disturbing land for any purpose.</text> </level> <level label="ii"> <text>“Construction” includes land disturbing activities for the purpose of:</text> <level label="1"> <text>Constructing buildings;</text> </level> <level label="2"> <text>Mining minerals;</text> </level> <level label="3"> <text>Developing golf courses; and</text> </level> <level label="4"> <text>Constructing roads and installing utilities.</text> </level> </level> </level> <level label="2"> <level label="i"> <text>Before any person begins any construction, the appropriate approval authority shall first receive, review, and approve the proposed earth change and the sediment control plan.</text> </level> <level label="ii"> <text>Except as provided in subsection (b) of this section, the approval authority is:</text> <level label="1"> <text>The appropriate soil conservation district;</text> </level> <level label="2"> <text>A municipal corporation in Montgomery County that is designated by a soil conservation district under paragraph (6) of this subsection;</text> </level> <level label="3"> <text>Any municipality not within a soil conservation district;</text> </level> <level label="4"> <text>If a State or federal unit undertakes any construction, the Department or the Department’s designee;</text> </level> <level label="5"> <text>For abandoned mine reclamation projects conducted by the Department pursuant to Title 15, Subtitles 5, 6, and 11 of this article, the Department; or</text> </level> <level label="6"> <text>For large redevelopment sites, the Department.</text> </level> </level> <level label="iii"> <text>Criteria used by the Department or the Department’s designee for review and approvals under subparagraph (ii)4 of this paragraph:</text> <level label="1"> <text>Shall meet or exceed current Maryland standards and specifications for soil erosion and sediment control; or</text> </level> <level label="2"> <text>If alternative standards are applied, shall be reviewed and approved by the Department.</text> </level> </level> </level> <level label="3"> <text>A person may not begin or perform any construction unless the person:</text> <level label="i"> <text>Obtains an approved sediment control plan;</text> </level> <level label="ii"> <text>Implements the measures contained in the approved sediment control plan;</text> </level> <level label="iii"> <text>Conducts the construction as specified in the sequence of construction contained in the approved sediment control plan;</text> </level> <level label="iv"> <text>Maintains the provisions of the approved sediment control plan; and</text> </level> <level label="v"> <text>Implements any sediment control measures reasonably necessary to control sediment runoff.</text> </level> </level> <level label="4"> <text>In consultation with the person responsible for performing the construction, the Department, jurisdictions delegated enforcement authority under § 4–103(e)(2) of this subtitle, or the appropriate approval agency may require modifications to an approved sediment control plan if the approved plan is not adequate to control sediment or erosion.</text> </level> <level label="5"> <text>A person performing construction that proposes a major change to an approved sediment control plan shall submit the proposed change to the appropriate approval authority for review and approval.</text> </level> <level label="6"> <text>A soil conservation district may delegate approval authority under paragraph (2) of this subsection to a municipal corporation in Montgomery County that:</text> <level label="i"> <text>Has its own sediment control review provisions that are at least as stringent as the provisions of the grading and sediment control plan of the soil conservation district;</text> </level> <level label="ii"> <text>Issues sediment control permits; and</text> </level> <level label="iii"> <text>Meets the necessary performance standards established by written agreement between the district and the municipal corporation.</text> </level> </level> <level label="7"> <level label="i"> <text>On or before December 1, 2025, and every 5 years thereafter, the Department shall review and update the specifications for sediment control plans.</text> </level> <level label="ii"> <text>In reviewing and updating the specifications for sediment control plans under this paragraph, the Department shall:</text> <level label="1"> <text>Revise water quantity control standards using the most recent precipitation data available;</text> </level> <level label="2"> <text>As necessary, ensure that any updates and revisions are designed to protect the waters of the State from pollution;</text> </level> <level label="3"> <text>Ensure that any updates and revisions are not applied retroactively to projects with approved sediment control plans, if:</text> </level> <level label="A"> <text>The sediment control plan has not yet expired;</text> </level> <level label="B"> <text>Construction contracts have been awarded, if applicable; and</text> </level> <level label="C"> <text>Construction activities have commenced; and</text> </level> <level label="4"> <text>Consult with erosion and sediment control experts from the following groups and stakeholders regarding proposed updates to sediment control regulations:</text> </level> <level label="A"> <text>An academic institution;</text> </level> <level label="B"> <text>A watershed protection organization;</text> </level> <level label="C"> <text>The Maryland Association of Counties;</text> </level> <level label="D"> <text>The Maryland Municipal League;</text> </level> <level label="E"> <text>A private sector organization with design and construction experience; and</text> </level> <level label="F"> <text>The Maryland Association of Soil Conservation Districts.</text> </level> </level> <level label="iii"> <text>Before the Department finalizes an update to the specifications of sediment control plans in accordance with this paragraph, the Department shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the proposed update.</text> </level> </level> </level> <level label="b"> <text>In Montgomery County, notwithstanding the provisions of subsection (c) of this section and § 4–103(a)(1) of this subtitle, the soil conservation district may delegate the authority to review and approve or reject any sediment control plans for nonagricultural construction to the Montgomery County government by written agreement between the district and the county government department authorized by county law or regulation to perform those functions.</text> </level> <level label="c"> <text>In Prince George’s and Montgomery counties, the Washington Suburban Sanitary Commission, after consultation with and advice of the soil conservation districts of the two counties and the Department of the Environment, shall prepare and adopt rules and regulations for erosion and sediment control requirements for utility construction work. The rules and regulations shall be adopted and enforced as are others of the Commission under authority conferred by other laws. These rules and regulations apply to any utility construction work in Prince George’s and Montgomery counties. The provisions of this subsection do not apply until the soil conservation district in each county approves erosion and sediment control requirements for utility construction work in that county.</text> </level> </section> <section article="gen" article_name="Environment" number="4-106" title_number="4" title_name="Water Management" subtitle_number="1" subtitle_name="Sediment Control"> <text>If a State or federal unit undertakes any construction as defined in § 4–105(a)(1) of this subtitle, the Department or the Department’s designee shall review and approve this action and enforce the provisions of this subtitle and any plans approved under this subtitle.</text> </section> <section article="gen" article_name="Environment" number="4-107" title_number="4" title_name="Water Management" subtitle_number="1" subtitle_name="Sediment Control"> <text>The Department of the Environment shall assist soil conservation districts in preparing and implementing a unified sediment control program under this subtitle.</text> </section> <section article="gen" article_name="Environment" number="4-108" title_number="4" title_name="Water Management" subtitle_number="1" subtitle_name="Sediment Control"> <text>For the purposes of this subtitle, the bureau of public works or a similar municipal unit shall act in place of the appropriate soil conservation district in any municipality not within a soil conservation district.</text> </section> <section article="gen" article_name="Environment" number="4-109" title_number="4" title_name="Water Management" subtitle_number="1" subtitle_name="Sediment Control"> <level label="a"> <text>The Department may issue a written complaint if the Department has reasonable grounds to believe that the person to whom the complaint is directed has violated:</text> <level label="1"> <text>This subtitle;</text> </level> <level label="2"> <text>Any rule or regulation adopted under this subtitle; or</text> </level> <level label="3"> <text>Any sediment control plan approved under this subtitle.</text> </level> </level> <level label="b"> <text>After or concurrently with service of a complaint under this subtitle, the Department may:</text> <level label="1"> <text>Issue an order that requires the person to whom the order is directed to take corrective action within a time set in the order;</text> </level> <level label="2"> <text>Send a written notice that requires the person to whom the notice is directed to file a written report about the alleged violation; or</text> </level> <level label="3"> <text>Send a written notice that requires the person to whom the notice is directed:</text> <level label="i"> <text>To appear at a hearing before the Department at a time and place the Department sets to answer the charges in the complaint; or</text> </level> <level label="ii"> <text>To file a written report and also appear at a hearing before the Department at a time and place the Department sets to answer the charges in the complaint.</text> </level> </level> </level> <level label="c"> <text>Any order issued under this section is effective immediately, according to its terms, when it is served.</text> </level> </section> <section article="gen" article_name="Environment" number="4-110" title_number="4" title_name="Water Management" subtitle_number="1" subtitle_name="Sediment Control"> <level label="a"> <text>If the Department finds that earth moving activity requiring the approval of the appropriate approval authority is being carried on in violation of § 4-105 of this subtitle either because it is being undertaken:</text> <level label="1"> <text>Without any such approval; or</text> </level> <level label="2"> <text>Not substantially in accordance with the approved plan or any written recommendations of the approval authority regarding control of erosion and siltation and elimination of pollution, the Department may issue an order requiring the person conducting the work to stop all work, except that work necessary to implement the recommendations of the approval authority, until such time as approval of the activity has been obtained from the approval authority and the sediment control measures required by the authority have been implemented.</text> </level> </level> <level label="b"> <text>In order to request that a stop work order be lifted, the person to whom the stop work order has been issued shall notify the Department when the required approval has been received and the required sediment control measures have been implemented.</text> </level> <level label="c"> <text>The Department shall act on a request to lift a stop work order and shall notify the requestor of its approval or denial of the request within 2 working days of the receipt of that request. Any denial must be in writing, providing the reasons therefor. Denial of a request to lift a stop work order solely for reasons pertaining to implementation or maintenance of erosion and sediment control measures shall be based upon an inspection of the construction site by the Department. If the initial request is denied, the Department shall act upon each subsequent request within 10 working days of receipt of that subsequent request.</text> </level> <level label="d"> <text>A stop work order is effective immediately whether or not a request for a hearing is filed, and remains in effect until lifted in accordance with this subsection.</text> </level> </section> <section article="gen" article_name="Environment" number="4-111" title_number="4" title_name="Water Management" subtitle_number="1" subtitle_name="Sediment Control"> <level label="a"> <text>Any complaint, order, notice, or other instrument issued by the Department under this subtitle may be served on the person to whom it is directed in accordance with § 1–204 of this article.</text> </level> <level label="b"> <text>If service is made by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, the person who mails the document shall file with the Department verified proof of mailing.</text> </level> <level label="c"> <text>Any notice that requires filing of a report, attendance at a hearing, or both shall be served at least 10 days before the earlier of:</text> <level label="1"> <text>The time set for the hearing, if any; or</text> </level> <level label="2"> <text>The time set for the filing of the report, if any.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="4-112" title_number="4" title_name="Water Management" subtitle_number="1" subtitle_name="Sediment Control"> <level label="a"> <text>The Department shall give notice and hold any hearing under this subtitle in accordance with the Administrative Procedure Act.</text> </level> <level label="b"> <level label="1"> <text>Any request for a hearing on an order issued under § 4–109(b)(1) of this subtitle or a stop work order under § 4–110(a) of this subtitle or a notice issued under § 4–109(b)(2) of this subtitle shall be made in writing no later than 10 working days after being served with the order.</text> </level> <level label="2"> <text>If a request for a hearing on a stop work order issued under § 4–110(a) of this subtitle is made under this subsection, the Department shall:</text> <level label="i"> <text>Hold the hearing no later than 10 working days after receiving the request; and</text> </level> <level label="ii"> <text>Render a decision within 10 working days after the hearing.</text> </level> </level> </level> <level label="c"> <text>The Department may make a verbatim record of the proceedings of any hearing held under this subtitle.</text> </level> <level label="d"> <level label="1"> <text>In connection with any hearing under this subtitle, the Department may:</text> <level label="i"> <text>Subpoena any person or evidence; and</text> </level> <level label="ii"> <text>Order a witness to give evidence.</text> </level> </level> <level label="2"> <text>A subpoenaed witness shall receive the same fees and mileage reimbursement as if the hearing were part of a civil action.</text> </level> <level label="3"> <text>If a person fails to comply with a subpoena or order issued under this subsection, on petition of the Department, a circuit court, by order, may:</text> <level label="i"> <text>Compel obedience to the Department’s order or subpoena; or</text> </level> <level label="ii"> <text>Compel testimony or the production of evidence.</text> </level> </level> <level label="4"> <text>The court may punish as a contempt any failure to obey its order issued under this section.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="4-113" title_number="4" title_name="Water Management" subtitle_number="1" subtitle_name="Sediment Control"> <level label="a"> <level label="1"> <text>Unless the person served with an order under § 4-109(b)(1) of this subtitle makes a request for a hearing in accordance with § 4-112(b) of this subtitle, the order is a final order.</text> </level> <level label="2"> <text>If the person served with an order under § 4-109(b)(1) of this subtitle makes a request for a hearing in accordance with § 4-112(b) of this subtitle, the order becomes a final corrective order in accordance with the Department’s decision following the hearing.</text> </level> </level> <level label="b"> <level label="1"> <text>If the Department issues a notice under § 4-109(b)(2) or (3) of this subtitle, the Department may not issue an order that requires corrective action by the person to whom the notice is directed until after the later of:</text> <level label="i"> <text>The conclusion of the hearing, if any; and</text> </level> <level label="ii"> <text>The review of the report, if any.</text> </level> </level> <level label="2"> <text>After the time within which the Department may not issue a corrective order has passed, if the Department finds that a violation of this subtitle has occurred, the Department shall issue an order that requires correction of the violation within a time set in the order.</text> </level> <level label="3"> <text>Any order issued under this subsection is a final corrective order and the person to whom the order is directed is not entitled to a hearing before the Department as a result of the order.</text> </level> </level> <level label="c"> <text>The Department shall:</text> <level label="1"> <text>Take action to secure compliance with any final corrective order; and</text> </level> <level label="2"> <text>If the terms of the final corrective order are violated or if a violation is not corrected within the time set in the order, sue to require correction of the violation.</text> </level> </level> <level label="d"> <text>This section does not prevent the Department or the Attorney General from taking action against a violator before the expiration of the time limitation or schedules in the order.</text> </level> </section> <section article="gen" article_name="Environment" number="4-114" title_number="4" title_name="Water Management" subtitle_number="1" subtitle_name="Sediment Control"> <level label="a"> <text>Except as provided in subsection (b) of this section, before the Department exercises its authority under § 4-109 or § 4-110 of this subtitle, the Department shall:</text> <level label="1"> <text>Notify the delegated county or municipality of the violation and the Department’s intended action; and</text> </level> <level label="2"> <text>Provide reasonable opportunity for a joint inspection with a representative of the delegated county or municipality.</text> </level> </level> <level label="b"> <text>If the Department determines that there is a substantial threat to the environment, the Department may take appropriate enforcement action without first providing a reasonable opportunity for a joint inspection under subsection (a)(2) of this section.</text> </level> </section> <section article="gen" article_name="Environment" number="4-115" title_number="4" title_name="Water Management" subtitle_number="1" subtitle_name="Sediment Control"> <level label="a"> <text>Any person aggrieved by a final decision of the Department in connection with an order or permit issued under this subtitle may take a direct judicial appeal.</text> </level> <level label="b"> <text>The appeal shall be made as provided for judicial review of decisions in the Administrative Procedure Act.</text> </level> </section> <section article="gen" article_name="Environment" number="4-116" title_number="4" title_name="Water Management" subtitle_number="1" subtitle_name="Sediment Control"> <level label="a"> <level label="1"> <text>Any person who violates any provision of this subtitle is guilty of a misdemeanor, and upon conviction in a court of competent jurisdiction is subject to a fine not exceeding $10,000 or imprisonment not exceeding one year or both for each violation with costs imposed in the discretion of the court.</text> </level> <level label="2"> <text>The court may order the person to restore the area unlawfully disturbed.</text> </level> <level label="3"> <text>Each day upon which the violation occurs constitutes a separate offense.</text> </level> </level> <level label="b"> <text>Any agency whose approval is required under this subtitle or any interested person may seek an injunction against any person who violates or threatens to violate any provision of this subtitle.</text> </level> <level label="c"> <level label="1"> <text>In addition to any other sanction under this subtitle, the appropriate State, county, or municipal agency may bring a civil action against a person for a violation of this subtitle.</text> </level> <level label="2"> <level label="i"> <text>The action may seek the imposition of a civil penalty up to $10,000 for each violation.</text> </level> <level label="ii"> <text>In imposing a penalty under this paragraph, the court may consider the cost of restoring the area unlawfully disturbed.</text> </level> </level> <level label="3"> <level label="i"> <text>A county or municipal agency that recovers penalties in accordance with this subtitle shall deposit them in a special fund, to be used solely for:</text> <level label="1"> <text>Correcting to the extent possible the failure to implement or maintain erosion and sediment controls; and</text> </level> <level label="2"> <text>Administration of the sediment control program.</text> </level> </level> <level label="ii"> <text>A State agency that recovers penalties in accordance with this subtitle shall deposit them into the Maryland Clean Water Fund established under § 9–320 of this article.</text> </level> </level> </level> <level label="d"> <text>If a county or municipality fails to enforce any provision of this subtitle, the Department may request the Attorney General to take appropriate legal action to correct the violation and to recover penalties or fees under this section.</text> </level> <level label="e"> <level label="1"> <text>In addition to any other remedies available at law or in equity and after an opportunity for a hearing which may be waived in writing by the person accused of a violation, the Department may impose a penalty on any person who violates any provision of this subtitle or any regulation or plan adopted, approved, or issued under this subtitle. Any request for a hearing on a penalty issued under this subsection must be made in writing no later than 10 working days after receipt of the notice assessing a penalty.</text> </level> <level label="2"> <text>The penalty imposed on a person under this subsection shall be:</text> <level label="i"> <text>Up to $1,000 for each violation, but not exceeding $20,000 total for any action; and</text> </level> <level label="ii"> <text>Assessed with consideration given to:</text> <level label="1"> <text>The willfulness of the violation, the extent to which the existence of the violation was known to but uncorrected by the violator, and the extent to which the violator exercised reasonable care;</text> </level> <level label="2"> <text>Any actual harm to the environment or to human health, including injury to or impairment of the use of the waters of this State or the natural resources of this State;</text> </level> <level label="3"> <text>The cost of cleanup and the cost of restoration of natural resources;</text> </level> <level label="4"> <text>The nature and degree of injury to or interference with general welfare, health, and property;</text> </level> <level label="5"> <text>The extent to which the location of the violation, including location near waters of this State or areas of human population, creates the potential for harm to the environment or to human health or safety;</text> </level> <level label="6"> <text>The available technology and economic reasonableness of controlling, reducing, or eliminating the violation;</text> </level> <level label="7"> <text>The degree of hazard posed by the particular pollutant or pollutants involved;</text> </level> <level label="8"> <text>The extent to which the current violation is part of a recurrent pattern of the same or similar type of violation committed by the violator; and</text> </level> <level label="9"> <text>Whether or not penalties were assessed or will be assessed under other provisions of this subtitle.</text> </level> </level> </level> <level label="3"> <text>Each day a violation occurs is a separate violation under this subsection.</text> </level> <level label="4"> <text>Any penalty imposed under this subsection is payable to the State and collectible in any manner provided at law for the collection of penalties.</text> </level> <level label="5"> <text>Any penalty collected under this subsection or for a violation of § 4–413 of this title shall be placed in the Maryland Clean Water Fund established under § 9–320 of this article.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="4-201" title_number="4" title_name="Water Management" subtitle_number="2" subtitle_name="Stormwater Management"> <text>The General Assembly finds that the management of stormwater runoff is necessary to reduce stream channel erosion, pollution, siltation and sedimentation, and local flooding, all of which have adverse impacts on the water and land resources of Maryland. The General Assembly intends, by enactment of this subtitle, to reduce as nearly as possible the adverse effects of stormwater runoff and to safeguard life, limb, property, and public welfare.</text> </section> <section article="gen" article_name="Environment" number="4-201.1" title_number="4" title_name="Water Management" subtitle_number="2" subtitle_name="Stormwater Management"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Environmental site design” means using small–scale stormwater management practices, nonstructural techniques, and better site planning to mimic natural hydrologic runoff characteristics and minimize the impact of land development on water resources.</text> </level> <level label="c"> <text>“Environmental site design” includes:</text> <level label="1"> <text>Optimizing conservation of natural features, such as drainage patterns, soils, and vegetation;</text> </level> <level label="2"> <text>Minimizing use of impervious surfaces;</text> </level> <level label="3"> <text>Slowing down runoff to maintain discharge timing and to increase infiltration and evapotranspiration; and</text> </level> <level label="4"> <text>Using other nonstructural practices or innovative stormwater management technologies approved by the Department.</text> </level> </level> <level label="d"> <level label="1"> <text>“Impervious surface” means a surface that does not allow stormwater to infiltrate into the ground.</text> </level> <level label="2"> <text>“Impervious surface” includes rooftops, driveways, sidewalks, or pavement.</text> </level> </level> <level label="e"> <text>“Precipitation data” means historical data that describes the relationship between precipitation intensity, duration, and return period.</text> </level> </section> <section article="gen" article_name="Environment" number="4-202" title_number="4" title_name="Water Management" subtitle_number="2" subtitle_name="Stormwater Management"> <text>By July 1, 1984, each county and municipality shall adopt ordinances necessary to implement a stormwater management program. These stormwater management programs shall be consistent with flood management plans, if any, developed under Title 5, Subtitle 8 of this article for a particular watershed, shall meet the requirements established by the Department under § 4-203 of this subtitle, and shall be consistent with the purposes of this subtitle.</text> </section> <section article="gen" article_name="Environment" number="4-202.1" title_number="4" title_name="Water Management" subtitle_number="2" subtitle_name="Stormwater Management"> <level label="a"> <level label="1"> <text>Except as provided in paragraphs (2) and (3) of this subsection, this section applies to a county or municipality that is subject to a national pollutant discharge elimination system Phase I municipal separate storm sewer system permit.</text> </level> <level label="2"> <text>This section does not apply to a county or municipality that, on or before July 1, 2012, has enacted and implemented a system of charges under § 4–204 of this subtitle for the purpose of funding a watershed protection and restoration program, or similar program, in a manner consistent with the requirements of this section.</text> </level> <level label="3"> <text>Except as provided in subsection (j) of this section, this section does not apply in Montgomery County.</text> </level> </level> <level label="b"> <text>A county or municipality shall adopt and implement local laws or ordinances necessary to establish a watershed protection and restoration program.</text> </level> <level label="c"> <level label="1"> <text>A watershed protection and restoration program established under this section:</text> <level label="i"> <text>May include a stormwater remediation fee; and</text> </level> <level label="ii"> <text>Shall include a local watershed protection and restoration fund.</text> </level> </level> <level label="2"> <level label="i"> <text>If a county or municipality established a stormwater remediation fee under this section on or before July 1, 2013, the county or municipality may repeal or reduce the fee before July 1, 2016, if:</text> <level label="1"> <text>The county or municipality identifies dedicated revenues, funds, or other sources of funds that will be:</text> </level> <level label="A"> <text>Deposited into its local watershed protection and restoration fund; and</text> </level> <level label="B"> <text>Utilized by the county or municipality to meet the requirements of its national pollutant discharge elimination system Phase I municipal separate storm sewer system permit;</text> </level> <level label="2"> <text>Subject to item 3 of this subparagraph, the county or municipality has filed with the Department a financial assurance plan in accordance with subsection (j) of this section; and</text> </level> <level label="3"> <text>The Department determines the financial assurance plan demonstrates good faith toward achieving sufficient funding in accordance with subsection (j)(4)(ii) of this section.</text> </level> </level> <level label="ii"> <text>This paragraph may not be construed as prohibiting a county or municipality from repealing or reducing a fee on or after July 1, 2016.</text> </level> </level> </level> <level label="d"> <level label="1"> <text>A county or municipality shall maintain or administer a local watershed protection and restoration fund in accordance with this section.</text> </level> <level label="2"> <text>The purpose of a local watershed protection and restoration fund is to provide financial assistance for the implementation of local stormwater management plans through stormwater management practices and stream and wetland restoration activities.</text> </level> </level> <level label="e"> <level label="1"> <level label="i"> <text>Except as provided in paragraph (2) of this subsection and subsection (f) of this section, a county or municipality may establish and annually collect a stormwater remediation fee from owners of property located within the county or municipality in accordance with this section.</text> </level> <level label="ii"> <text>Beginning fiscal year 2017, if a county funds the cost of stormwater remediation by using general revenues or through the issuance of bonds, the county shall meet with each municipality within its jurisdiction to mutually agree that the county will:</text> <level label="1"> <text>Assume responsibility for the municipality’s stormwater remediation obligations;</text> </level> <level label="2"> <text>For a municipality that has established a stormwater remediation fee under this section or § 4–204 of this subtitle, adjust the county property tax rate within the municipality to offset the stormwater remediation fee charged by the municipality; or</text> </level> <level label="3"> <text>Negotiate a memorandum of understanding with the municipality to mutually agree upon any other action.</text> </level> </level> </level> <level label="2"> <level label="i"> <text>Except as provided in subparagraphs (ii) and (iii) of this paragraph, property owned by the State, a unit of State government, a county, a municipality, a veterans’ organization that is exempt from taxation under § 501(c)(4) or (19) of the Internal Revenue Code, or a regularly organized volunteer fire department that is used for public purposes may not be charged a stormwater remediation fee under this section.</text> </level> <level label="ii"> <level label="1"> <text>Except as provided in subsubparagraph 2 of this subparagraph, property owned by the State or a unit of State government may be charged a stormwater remediation fee by a county under this section if:</text> </level> <level label="A"> <text>The State or a unit of State government and a county agree to the collection of an annual stormwater remediation fee from the State or a unit of State government that is based on the share of stormwater management services related to property of the State or a unit of State government located within the county;</text> </level> <level label="B"> <text>The county agrees to appropriate into its own local watershed protection and restoration fund, on an annual basis, an amount of money that is based on the share of stormwater management services related to county property on an annual basis; and</text> </level> <level label="C"> <text>The county demonstrates to the satisfaction of the State or a unit of State government that the fees collected under item A of this subparagraph and the money appropriated under item B of this subparagraph were deposited into the county’s local watershed protection and restoration fund.</text> </level> <level label="2"> <text>A county or municipality may not charge a stormwater remediation fee to property specifically covered by a current national pollutant discharge elimination system Phase I municipal separate storm sewer system permit or industrial stormwater permit held by the State or a unit of State government.</text> </level> </level> <level label="iii"> <text>A county or municipality may charge a stormwater remediation fee to property owned by a veterans’ organization that is exempt from taxation under § 501(c)(4) or (19) of the Internal Revenue Code or a regularly organized volunteer fire department if:</text> <level label="1"> <text>The county or municipality determines that the creation of a nondiscriminatory program for applying the stormwater remediation fee to federal properties under the federal facilities pollution control section of the Clean Water Act is necessary in order for the county or municipality to receive federal funding for stormwater remediation; and</text> </level> <level label="2"> <text>A veterans’ organization that is exempt from taxation under § 501(c)(4) or (19) of the Internal Revenue Code and a regularly organized volunteer fire department that is used for public purposes are provided with the opportunity to apply for an alternate compliance plan established under subsection (k)(3) of this section instead of paying a stormwater remediation fee charged by a county or municipality under item 1 of this subparagraph.</text> </level> </level> </level> <level label="3"> <level label="i"> <text>If a county or municipality establishes a stormwater remediation fee under this section, a county or municipality shall set a stormwater remediation fee for property in an amount that is based on the share of stormwater management services related to the property and provided by the county or municipality.</text> </level> <level label="ii"> <text>A county or municipality may set a stormwater remediation fee under this paragraph based on:</text> <level label="1"> <text>A flat rate;</text> </level> <level label="2"> <text>An amount that is graduated, based on the amount of impervious surface on each property; or</text> </level> <level label="3"> <text>Another method of calculation selected by the county or municipality.</text> </level> </level> </level> <level label="4"> <text>If a county or municipality establishes a stormwater remediation fee under this section, the stormwater remediation fee established under this section is separate from any charges that a county or municipality establishes related to stormwater management for new developments under § 4–204 of this subtitle, including fees for permitting, review of stormwater management plans, inspections, or monitoring.</text> </level> </level> <level label="f"> <level label="1"> <text>If a county or municipality establishes a stormwater remediation fee under this section, the county or municipality shall establish policies and procedures, approved by the Department, to reduce any portion of a stormwater remediation fee established under subsection (e) of this section to account for on–site and off–site systems, facilities, services, or activities that reduce the quantity or improve the quality of stormwater discharged from the property.</text> </level> <level label="2"> <text>The policies and procedures established by a county or municipality under paragraph (1) of this subsection shall include:</text> <level label="i"> <text>Guidelines for determining which on–site systems, facilities, services, or activities may be the basis for a fee reduction, including guidelines:</text> <level label="1"> <text>Relating to properties with existing advanced stormwater best management practices;</text> </level> <level label="2"> <text>Relating to agricultural activities or facilities that are otherwise exempted from stormwater management requirements by the county or municipality; and</text> </level> <level label="3"> <text>That account for the costs of, and the level of treatment provided by, stormwater management facilities that are funded and maintained by a property owner;</text> </level> </level> <level label="ii"> <text>The method for calculating the amount of a fee reduction; and</text> </level> <level label="iii"> <text>Procedures for monitoring and verifying the effectiveness of the on–site systems, facilities, services, or activities in reducing the quantity or improving the quality of stormwater discharged from the property.</text> </level> </level> <level label="3"> <text>For the purpose of monitoring and verifying the effectiveness of on–site systems, facilities, services, or activities under paragraph (2)(iii) of this subsection, a county or municipality may:</text> <level label="i"> <text>Conduct on–site inspections;</text> </level> <level label="ii"> <text>Authorize a third party, certified by the Department, to conduct on–site inspections on behalf of the county or municipality; or</text> </level> <level label="iii"> <text>Require a property owner to hire a third party, certified by the Department, to conduct an on–site inspection and provide to the county or municipality the results of the inspection and any other information required by the county or municipality.</text> </level> </level> </level> <level label="g"> <level label="1"> <text>A property may not be assessed a stormwater remediation fee by both a county and a municipality.</text> </level> <level label="2"> <level label="i"> <text>Before a county may impose a stormwater remediation fee on a property located within a municipality, the county shall:</text> <level label="1"> <text>Notify the municipality of the county’s intent to impose a stormwater remediation fee on property located within the municipality; and</text> </level> <level label="2"> <text>Provide the municipality reasonable time to pass an ordinance authorizing the imposition of a municipal stormwater remediation fee instead of a county stormwater remediation fee.</text> </level> </level> <level label="ii"> <text>If a county currently imposes a stormwater remediation fee on property located within a municipality and the municipality decides to implement its own stormwater remediation fee under this section or § 4–204 of this subtitle, the municipality shall:</text> <level label="1"> <text>Notify the county of the municipality’s intent to impose its own stormwater remediation fee; and</text> </level> <level label="2"> <text>Provide the county reasonable time to discontinue the collection of the county stormwater remediation fee within the municipality before the municipality’s stormwater remediation fee becomes effective.</text> </level> </level> </level> <level label="3"> <text>A county or municipality shall establish a procedure for a property owner to appeal a stormwater remediation fee imposed under this section.</text> </level> </level> <level label="h"> <level label="1"> <level label="i"> <text>If a county or municipality establishes a stormwater remediation fee under this section, the county or municipality shall determine the method, frequency, and enforcement of the collection of the stormwater remediation fee.</text> </level> <level label="ii"> <text>A county or municipality shall include the following statement on a bill or on an insert to a bill to collect a stormwater remediation fee: “This is a local government fee established in response to federal stormwater management requirements. The federal requirements are designed to prevent local sources of pollution from reaching local waterways.”.</text> </level> </level> <level label="2"> <text>A county or municipality shall deposit any stormwater remediation fees it collects into its local watershed protection and restoration fund.</text> </level> <level label="3"> <text>There shall be deposited in a local watershed protection and restoration fund:</text> <level label="i"> <text>Any funds received from the stormwater remediation fee;</text> </level> <level label="ii"> <text>Funds received under subsections (c)(2) and (e)(2) of this section;</text> </level> <level label="iii"> <text>Interest or other income earned on the investment of money in the local watershed protection and restoration fund; and</text> </level> <level label="iv"> <text>Any additional money made available from any sources for the purposes for which the local watershed protection and restoration fund has been established.</text> </level> </level> <level label="4"> <text>Subject to paragraph (5) of this subsection, a county or municipality shall use the money in its local watershed protection and restoration fund for the following purposes only:</text> <level label="i"> <text>Capital improvements for stormwater management, including stream and wetland restoration projects;</text> </level> <level label="ii"> <text>Operation and maintenance of stormwater management systems and facilities;</text> </level> <level label="iii"> <text>Public education and outreach relating to stormwater management or stream and wetland restoration;</text> </level> <level label="iv"> <text>Stormwater management planning, including:</text> <level label="1"> <text>Mapping and assessment of impervious surfaces; and</text> </level> <level label="2"> <text>Monitoring, inspection, and enforcement activities to carry out the purposes of the watershed protection and restoration fund;</text> </level> </level> <level label="v"> <text>To the extent that fees imposed under § 4–204 of this subtitle are deposited into the local watershed protection and restoration fund, review of stormwater management plans and permit applications for new development;</text> </level> <level label="vi"> <text>Grants to nonprofit organizations for up to 100% of a project’s costs for watershed restoration and rehabilitation projects relating to:</text> <level label="1"> <text>Planning, design, and construction of stormwater management practices;</text> </level> <level label="2"> <text>Stream and wetland restoration; and</text> </level> <level label="3"> <text>Public education and outreach related to stormwater management or stream and wetland restoration; and</text> </level> </level> <level label="vii"> <text>Reasonable costs necessary to administer the local watershed protection and restoration fund.</text> </level> </level> <level label="5"> <text>A county or municipality may use its local watershed protection and restoration fund as an environmental fund, and may deposit to and expend from the fund additional money made available from other sources and dedicated to environmental uses, provided that the funds received from the stormwater remediation fee, if any, are expended only for the purposes authorized under paragraph (4) of this subsection.</text> </level> <level label="6"> <text>Money in a local watershed protection and restoration fund may not revert or be transferred to the general fund of any county or municipality.</text> </level> </level> <level label="i"> <text>A county or municipality shall report annually, in a manner determined by the Department, on:</text> <level label="1"> <text>The number of properties subject to a stormwater remediation fee, if any;</text> </level> <level label="2"> <text>Any funding structure developed by the county or municipality, including the amount of money collected from each classification of property assessed a fee, if any;</text> </level> <level label="3"> <text>The amount of money deposited into the watershed protection and restoration fund in the previous fiscal year by source;</text> </level> <level label="4"> <text>The percentage and amount of funds in the local watershed protection and restoration fund spent on each of the purposes provided in subsection (h)(4) of this section;</text> </level> <level label="5"> <text>All stormwater management projects implemented in the previous fiscal year; and</text> </level> <level label="6"> <text>Any other information that the Department determines is necessary.</text> </level> </level> <level label="j"> <level label="1"> <level label="i"> <text>On or before July 1, 2016, and every 2 years thereafter on the anniversary of the date of issuance of its national pollutant discharge elimination system Phase I municipal separate storm sewer system permit, a county, including Montgomery County, or municipality shall file with the Department a financial assurance plan that clearly identifies:</text> <level label="1"> <text>Actions that will be required of the county or municipality to meet the requirements of its national pollutant discharge elimination system Phase I municipal separate storm sewer system permit;</text> </level> <level label="2"> <text>Projected annual and 5–year costs for the county or municipality to meet the impervious surface restoration plan requirements of its national pollutant discharge elimination system Phase I municipal separate storm sewer system permit;</text> </level> <level label="3"> <text>Projected annual and 5–year revenues or other funds that will be used to meet the costs for the county or municipality to meet the impervious surface restoration plan requirements of its national pollutant discharge elimination system Phase I municipal separate storm sewer system permit;</text> </level> <level label="4"> <text>Any sources of funds that will be utilized by the county or municipality to meet the requirements of its national pollutant elimination system Phase I municipal separate storm sewer system permit; and</text> </level> <level label="5"> <text>Specific actions and expenditures that the county or municipality implemented in the previous fiscal years to meet its impervious surface restoration plan requirements under its national pollutant discharge elimination system Phase I municipal separate storm sewer system permit.</text> </level> </level> <level label="ii"> <text>A county or municipality that files a financial assurance plan under subsection (c)(2) of this section shall file on or before July 1, 2016, a financial assurance plan that meets the requirements of paragraph (4) of this subsection.</text> </level> </level> <level label="2"> <text>A financial assurance plan shall demonstrate that the county or municipality has sufficient funding in the current fiscal year and subsequent fiscal year budgets to meet its estimated costs for the 2–year period immediately following the filing date of the financial assurance plan.</text> </level> <level label="3"> <text>A county or municipality may not file a financial assurance plan under this subsection until the local governing body of the county or municipality:</text> <level label="i"> <text>Holds a public hearing on the financial assurance plan; and</text> </level> <level label="ii"> <text>Approves the financial assurance plan.</text> </level> </level> <level label="4"> <level label="i"> <text>Subject to subparagraphs (ii) and (iii) of this paragraph, the Department shall make a decision whether the financial assurance plan demonstrates sufficient funding within 90 days after the county or municipality filed the financial assurance plan with the Department.</text> </level> <level label="ii"> <text>For a financial assurance plan that is filed on or before July 1, 2016, funding in the financial assurance plan is sufficient if the financial assurance plan demonstrates that the county or municipality has dedicated revenues, funds, or sources of funds to meet, for the 2–year period immediately following the filing date of the financial assurance plan, 75% of the projected costs of compliance with the impervious surface restoration plan requirements of the county or municipality under its national pollutant discharge elimination system Phase I municipal separate storm sewer system permit over that 2–year period.</text> </level> <level label="iii"> <text>For the filing of a second and subsequent financial assurance plan, funding in the financial assurance plan is sufficient if the financial assurance plan demonstrates that the county or municipality has dedicated revenues, funds, or sources of funds to meet, for the 2–year period immediately following the filing date of the financial assurance plan, 100% of the projected costs of compliance with the impervious surface restoration plan requirements of the county or municipality under its national pollutant discharge elimination system Phase I municipal separate storm sewer system permit over the 2–year period.</text> </level> </level> <level label="5"> <level label="i"> <text>If the Department determines that the funding in the financial assurance plan filed on or before July 1, 2016, is insufficient to meet, for the 2–year period immediately following the filing date of the financial assurance plan, 75% of the projected costs of compliance with the impervious surface restoration plan requirements of the county or municipality under its national pollutant discharge elimination system Phase I municipal separate storm sewer system permit, the Department shall issue a warning to the county or municipality and engage with the county or municipality on the development of a plan for meeting the projected costs of compliance.</text> </level> <level label="ii"> <level label="1"> <text>If the Department determines that the funding in the second or subsequent financial assurance plan is insufficient to meet, for the 2–year period immediately following the filing date of the financial assurance plan, 100% of the projected costs of compliance with the impervious surface restoration plan requirements of the county or municipality under its national pollutant discharge elimination system Phase I municipal separate storm sewer system permit, in addition to any other remedy available at law or in equity the Department shall impose an administrative penalty of:</text> </level> <level label="A"> <text>For a first offense, up to $5,000 for each day until the funding in the financial assurance plan is determined to be sufficient in accordance with paragraph (4)(iii) of this subsection; and</text> </level> <level label="B"> <text>For a second and subsequent offense, up to $10,000 for each day until the funding in the financial assurance plan is determined to be sufficient in accordance with paragraph (4)(iii) of this subsection.</text> </level> <level label="2"> <text>Any penalty collected by the Department from a county or municipality under this subparagraph shall be paid into an escrow account to be used by the county or municipality for stormwater management projects pending a determination by the Department that funding in the financial assurance plan is sufficient.</text> </level> </level> </level> <level label="6"> <text>A financial assurance plan required under this subsection shall be made publicly available on the Department’s website within 14 days after the county or municipality filed the financial assurance plan with the Department.</text> </level> <level label="7"> <text>Beginning September 1, 2016, and every year thereafter, the Department shall submit a report evaluating the compliance of counties and municipalities with the requirements of this section to the Governor and, in accordance with § 2–1257 of the State Government Article, the Senate Education, Health, and Environmental Affairs Committee and the House Environment and Transportation Committee.</text> </level> </level> <level label="k"> <level label="1"> <text>If a county or municipality establishes a stormwater remediation fee under this section, the county or municipality shall establish a program to exempt from the requirements of this section any property able to demonstrate substantial financial hardship as a result of the stormwater remediation fee.</text> </level> <level label="2"> <text>A county or municipality may establish a separate hardship exemption program or include a hardship exemption as part of a system of offsets established under subsection (f)(1) of this section.</text> </level> <level label="3"> <level label="i"> <text>A county or municipality shall authorize a charitable nonprofit group or organization that is exempt from taxation under § 501(c)(3) or (d) of the Internal Revenue Code and can demonstrate substantial financial hardship to implement an alternate compliance plan in lieu of paying a stormwater remediation fee for property owned by the group or organization.</text> </level> <level label="ii"> <level label="1"> <text>Subject to subsubparagraph 2 of this subparagraph, the Department may adopt regulations to establish the alternate compliance plan authorized under subparagraph (i) of this paragraph.</text> </level> <level label="2"> <text>The regulations adopted by the Department under subsubparagraph 1 of this subparagraph do not apply in a county that has implemented an alternate compliance program before July 1, 2015.</text> </level> </level> </level> </level> <level label="l"> <text>The Department may adopt regulations to implement and enforce this section.</text> </level> </section> <section article="gen" article_name="Environment" number="4-203" title_number="4" title_name="Water Management" subtitle_number="2" subtitle_name="Stormwater Management"> <level label="a"> <text>The Department of the Environment shall implement the provisions of this subtitle and shall consult the Department of Natural Resources from time to time, including during the adoption of regulations, concerning the impact of stormwater on waters of the State.</text> </level> <level label="b"> <level label="1"> <text>The Department shall adopt rules and regulations which establish criteria and procedures for stormwater management in Maryland.</text> </level> <level label="2"> <text>The rules and regulations shall:</text> <level label="i"> <text>Indicate that the primary goal of the State and local programs will be to maintain after development, as nearly as possible, the predevelopment runoff characteristics;</text> </level> <level label="ii"> <text>Make allowance for the difference in hydrologic characteristics and stormwater management needs of different parts of the State;</text> </level> <level label="iii"> <text>Specify that watershed–wide analyses may be necessary to prevent undesirable downstream effects of increased stormwater runoff;</text> </level> <level label="iv"> <text>Specify the exemptions a county or municipality may grant from the requirements of submitting a stormwater management plan;</text> </level> <level label="v"> <level label="1"> <text>Specify the minimum content of the local ordinances or the rules and regulations of the affected county governing body to be adopted which may be done by inclusion of a model ordinance or model rules and regulations; and</text> </level> <level label="2"> <text>Establish regulations and a model ordinance that require:</text> </level> <level label="A"> <text>The implementation of environmental site design to the maximum extent practicable;</text> </level> <level label="B"> <text>The review and modification, if necessary, of planning and zoning or public works ordinances to remove impediments to environmental site design implementation; and</text> </level> <level label="C"> <text>A developer to demonstrate that environmental site design has been implemented to the maximum extent practicable and standard best management practices have been used only where absolutely necessary;</text> </level> </level> <level label="vi"> <text>Indicate that water quality practices may be required for any redevelopment, even when predevelopment runoff characteristics are maintained;</text> </level> <level label="vii"> <text>Specify the minimum requirements for inspection and maintenance of stormwater practices;</text> </level> <level label="viii"> <text>Specify that all stormwater management plans shall be designed to:</text> <level label="1"> <text>Prevent soil erosion from any development project;</text> </level> <level label="2"> <text>Prevent, to the maximum extent practicable, an increase in nonpoint pollution;</text> </level> <level label="3"> <text>Maintain the integrity of stream channels for their biological function, as well as for drainage;</text> </level> <level label="4"> <text>Minimize pollutants in stormwater runoff from new development and redevelopment in order to:</text> </level> <level label="A"> <text>Restore, enhance, and maintain the chemical, physical, and biological integrity of the waters of the State;</text> </level> <level label="B"> <text>Protect public health;</text> </level> <level label="C"> <text>Safeguard fish and aquatic life and scenic and ecological values; and</text> </level> <level label="D"> <text>Enhance the domestic, municipal, recreational, industrial, and other uses of water as specified by the Department;</text> </level> <level label="5"> <text>Protect public safety through the proper design and operation of stormwater management facilities;</text> </level> <level label="6"> <text>Maintain 100% of average annual predevelopment groundwater recharge volume for the site;</text> </level> <level label="7"> <text>Capture and treat stormwater runoff to remove pollutants and enhance water quality;</text> </level> <level label="8"> <text>Implement a channel protection strategy to reduce downstream erosion in receiving streams; and</text> </level> <level label="9"> <text>Implement quantity control strategies to prevent increases in the frequency and magnitude of out–of–bank flooding from large, less frequent storm events;</text> </level> </level> <level label="ix"> <level label="1"> <text>Establish a comprehensive process for approving grading and sediment control plans and stormwater management plans; and</text> </level> <level label="2"> <text>Specify that the comprehensive process established under item (i) of this item takes into account the cumulative impacts of both plans;</text> </level> </level> <level label="x"> <text>Incorporate the most recent precipitation data available; and</text> </level> <level label="xi"> <level label="1"> <text>In consultation with the Department of Agriculture, define “agritourism”; and</text> </level> <level label="2"> <text>Consider best management practices for stormwater management for agritourism, including:</text> </level> <level label="A"> <text>The creation of a standard plan for temporary parking areas; and</text> </level> <level label="B"> <text>The use of pasture, meadows, and cropland for the treatment of stormwater runoff.</text> </level> </level> </level> <level label="3"> <level label="i"> <text>The Department shall review and update the regulations adopted under this section at least once every 5 years.</text> </level> <level label="ii"> <text>In reviewing and updating the regulations adopted under this section, the Department shall:</text> <level label="1"> <text>At a minimum, revise water quality and water quantity control standards using the most recent precipitation data available; and</text> </level> <level label="2"> <text>As necessary, update and revise the regulations to meet the requirements of this subtitle.</text> </level> </level> </level> <level label="4"> <level label="i"> <text>On or before November 1, 2021, the Department shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on:</text> <level label="1"> <text>The most recent precipitation data available;</text> </level> <level label="2"> <text>The Department’s plans for immediately updating water quantity control standards for watersheds where flooding events occurred on or after January 1, 2000; and</text> </level> <level label="3"> <text>The Department’s plans for updating all other regulations adopted under this section.</text> </level> </level> <level label="ii"> <text>After November 1, 2021, the Department shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on any revisions the Department intends to make to the regulations adopted under this section before publishing the regulations.</text> </level> </level> </level> <level label="c"> <level label="1"> <text>At least 6 months before the proposal of regulations under this section, the Department shall:</text> <level label="i"> <text>Post the regulatory process that the Department follows on the Department’s website; and</text> </level> <level label="ii"> <text>Consult with the following groups and stakeholders on the impact of the proposed regulations:</text> <level label="1"> <text>The Commission on Environmental Justice and Sustainable Communities; and</text> </level> <level label="2"> <text>Stakeholders with expertise on stormwater design standards and climate science, including stakeholders from:</text> </level> <level label="A"> <text>An academic institution;</text> </level> <level label="B"> <text>The Chesapeake Bay Program;</text> </level> <level label="C"> <text>The Chesapeake Bay Commission;</text> </level> <level label="D"> <text>The Maryland Emergency Management Agency;</text> </level> <level label="E"> <text>The Maryland Association of Soil Conservation Districts;</text> </level> <level label="F"> <text>Local government;</text> </level> <level label="G"> <text>A private sector entity with design and construction experience; and</text> </level> <level label="H"> <text>An association that has expertise in stormwater restoration projects.</text> </level> </level> </level> <level label="2"> <text>Before any regulations required under this section are adopted, the Department shall hold at least one public hearing in the affected immediate geographic areas of the State and shall consult with the affected counties and municipalities.</text> </level> </level> <level label="d"> <text>The Department may not delay the implementation of any new requirements or standards established under regulations adopted under this section.</text> </level> <level label="e"> <text>The Department shall provide technical assistance, training, research, and coordination in stormwater management technology to the local governments consistent with the purposes of this subtitle.</text> </level> </section> <section article="gen" article_name="Environment" number="4-204" title_number="4" title_name="Water Management" subtitle_number="2" subtitle_name="Stormwater Management"> <level label="a"> <text>After July 1, 1984, unless exempted, a person may not develop any land for residential, commercial, industrial, or institutional use without submitting a stormwater management plan to the county or municipality that has jurisdiction, and obtaining approval of the plan from the county or municipality. A grading or building permit may not be issued for a property unless a stormwater management plan has been approved that is consistent with this subtitle.</text> </level> <level label="b"> <text>The developer shall certify that all land clearing, construction, development, and drainage will be done according to the plan.</text> </level> <level label="c"> <text>Each county or municipality may provide by ordinance for the review and approval of stormwater management plans by the local soil conservation district.</text> </level> <level label="d"> <level label="1"> <text>Each governing body of a county or municipality may adopt a system of charges to fund the implementation of stormwater management programs, including the following:</text> <level label="i"> <text>Reviewing stormwater management plans;</text> </level> <level label="ii"> <text>Inspection and enforcement activities;</text> </level> <level label="iii"> <text>Watershed planning;</text> </level> <level label="iv"> <text>Planning, design, land acquisition, and construction of stormwater management systems and structures;</text> </level> <level label="v"> <text>Retrofitting developed areas for pollution control;</text> </level> <level label="vi"> <text>Water quality monitoring and water quality programs;</text> </level> <level label="vii"> <text>Operation and maintenance of facilities; and</text> </level> <level label="viii"> <text>Program development of these activities.</text> </level> </level> <level label="2"> <text>The charges shall take effect upon enactment by the local governing body.</text> </level> <level label="3"> <text>The charges may be collected in the same manner as county and municipal property taxes, have the same priority, and bear the same interest and penalties.</text> </level> <level label="4"> <text>The charges shall be assessed in a manner consistent with § 4–202.1(e)(3) and (f) of this subtitle.</text> </level> </level> <level label="e"> <level label="1"> <text>This subsection applies to a system of charges established by Montgomery County under subsection (d) of this section.</text> </level> <level label="2"> <text>Except as provided in paragraph (5) of this subsection, the county may not impose the charge established under this section on a veterans’ organization that is exempt from taxation under § 501(c)(4) or (19) of the Internal Revenue Code, a regularly organized volunteer fire department that is used for public purposes, or on roads, not including parking areas, that are owned by a homeowners association that is exempt from taxation under § 501(c)(4) of the Internal Revenue Code if the roads qualify for a State or county roadway maintenance reimbursement fund.</text> </level> <level label="3"> <text>Property owned by the State or a unit of State government in the county may be charged under the system of charges adopted by the county under this section if:</text> <level label="i"> <text>The State or a unit of State government and the county agree to the collection of the charge from the State or a unit of State government that is based on the share of stormwater management services related to property of the State or a unit of State government located within the county;</text> </level> <level label="ii"> <text>The county agrees to appropriate into its own local watershed protection and restoration fund, on an annual basis, an amount of money that is based on the share of stormwater management services related to county property on an annual basis; and</text> </level> <level label="iii"> <text>The county demonstrates to the satisfaction of the State or a unit of State government that the charge collected under item (i) of this paragraph and the money appropriated under item (ii) of this paragraph were deposited into the county’s local watershed protection and restoration fund.</text> </level> </level> <level label="4"> <level label="i"> <text>The county may establish a program to exempt from the system of charges adopted under this section a property whose owner is able to demonstrate substantial financial hardship.</text> </level> <level label="ii"> <text>The county may establish a separate hardship exemption program or include a hardship exemption as part of a system of offsets to account for on–site and off–site systems, facilities, services, or activities that reduce the quantity or improve the quality of storm water discharged from the property.</text> </level> </level> <level label="5"> <text>The county may impose the charge established under this section on property owned by a veterans’ organization that is exempt from taxation under § 501(c)(4) or (19) of the Internal Revenue Code or a regularly organized volunteer fire department if:</text> <level label="i"> <text>The county determines that the creation of a nondiscriminatory program for applying the charge to federal properties under the federal facilities pollution control section of the Clean Water Act is necessary in order for the county to receive federal funding for stormwater remediation; and</text> </level> <level label="ii"> <text>A veterans’ organization that is exempt from taxation under § 501(c)(4) or (19) of the Internal Revenue Code and a regularly organized volunteer fire department that is used for public purposes are provided with the opportunity to apply for an alternate compliance plan established under § 4–202.1(k)(3) of this subtitle instead of paying a charge imposed by the county under item (i) of this paragraph.</text> </level> </level> </level> </section> <section article="gen" article_name="Environment" number="4-205" title_number="4" title_name="Water Management" subtitle_number="2" subtitle_name="Stormwater Management"> <level label="a"> <text>The provisions of § 4–204 of this subtitle do not apply to the construction activities of State or federal agencies.</text> </level> <level label="b"> <text>After July 1, 1984, a State or federal agency may not undertake any land clearing, soil movement, or construction activity involving soil movement unless the agency has submitted and obtained approval of a stormwater management plan from the Department or the Department’s designee.</text> </level> <level label="c"> <level label="1"> <text>On the request of a county or municipality, the Department or the Department’s designee shall require that a State or federal agency submit a stormwater management plan to the requesting jurisdiction for review and comment, which review and comment shall be completed, returned, and received by the State or federal agency within 21 calendar days of receipt of the plan.</text> </level> <level label="2"> <text>The Department or the Department’s designee shall require that the State or federal agency include the local jurisdictions’ comments that are received within the time period required under paragraph (1) of this subsection as part of its stormwater management plan which is submitted for approval to the Department.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="4-206" title_number="4" title_name="Water Management" subtitle_number="2" subtitle_name="Stormwater Management"> <level label="a"> <text>After July 1, 1984, the Department shall periodically, but at least once every 3 years, inspect and review the stormwater management programs of the counties and municipalities and their field implementation.</text> </level> <level label="b"> <text>These periodic reviews shall be conducted under rules and regulations adopted by the Department.</text> </level> <level label="c"> <text>The Department shall publish the results of the periodic review required under this section in 1 document and conduct a public informational meeting concerning the reviews.</text> </level> <level label="d"> <text>If a county or municipality is found to have an unacceptable stormwater management program after the periodic review and inspection, the Department may in addition to other sanctions authorized by law issue an order requiring that necessary corrective action be taken within a reasonably prescribed time.</text> </level> </section> <section article="gen" article_name="Environment" number="4-207" title_number="4" title_name="Water Management" subtitle_number="2" subtitle_name="Stormwater Management"> <text>The provisions of this subtitle do not add to the jurisdiction of the Department of Natural Resources.</text> </section> <section article="gen" article_name="Environment" number="4-208" title_number="4" title_name="Water Management" subtitle_number="2" subtitle_name="Stormwater Management"> <text>The Department shall issue a written complaint if the Department has reasonable grounds to believe that the person to whom the complaint is directed has violated:</text> <level label="1"> <text>This subtitle;</text> </level> <level label="2"> <text>Any rule or regulation adopted under this subtitle; or</text> </level> <level label="3"> <text>Any stormwater management plan approved under this subtitle.</text> </level> </section> <section article="gen" article_name="Environment" number="4-209" title_number="4" title_name="Water Management" subtitle_number="2" subtitle_name="Stormwater Management"> <level label="a"> <text>After or concurrently with service of a complaint under this subtitle, the Department may:</text> <level label="1"> <text>Issue an order that requires the person to whom the order is directed to take corrective action within a time set in the order;</text> </level> <level label="2"> <text>Send a written notice that requires the person to whom the notice is directed to file a written report about the alleged violation; or</text> </level> <level label="3"> <text>Send a written notice that requires the person to whom the notice is directed:</text> <level label="i"> <text>To appear at a hearing before the Department at a time and place the Department sets to answer the charges in the complaint; or</text> </level> <level label="ii"> <text>To file a written report and also appear at a hearing before the Department at a time and place the Department sets to answer the charges in the complaint.</text> </level> </level> </level> <level label="b"> <text>Any order issued under this section is effective immediately, according to its terms, when it is served.</text> </level> </section> <section article="gen" article_name="Environment" number="4-210" title_number="4" title_name="Water Management" subtitle_number="2" subtitle_name="Stormwater Management"> <level label="a"> <text>Any complaint, order, notice, or other instrument issued by the Department under this subtitle may be served on the person to whom it is directed in accordance with § 1–204 of this article.</text> </level> <level label="b"> <text>If service is made by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, the person who mails the document shall file with the Department verified proof of mailing.</text> </level> <level label="c"> <text>Any notice that requires filing of a report, attendance at a hearing, or both shall be served at least 10 days before the earlier of:</text> <level label="1"> <text>The time set for the hearing, if any; or</text> </level> <level label="2"> <text>The time set for the filing of the report, if any.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="4-211" title_number="4" title_name="Water Management" subtitle_number="2" subtitle_name="Stormwater Management"> <level label="a"> <text>The Department shall give notice and hold any hearing under this subtitle in accordance with the Administrative Procedure Act.</text> </level> <level label="b"> <text>Within 10 days after being served with an order under § 4–209(a)(1) of this subtitle or a notice under § 4–209(a)(2) of this subtitle, the person served may request in writing a hearing before the Department.</text> </level> <level label="c"> <text>The Department may make a verbatim record of the proceedings of any hearing held under this subtitle.</text> </level> <level label="d"> <level label="1"> <text>In connection with any hearing under this subtitle, the Department may:</text> <level label="i"> <text>Subpoena any person or evidence; and</text> </level> <level label="ii"> <text>Order a witness to give evidence.</text> </level> </level> <level label="2"> <text>A subpoenaed witness shall receive the same fees and mileage reimbursement as if the hearing were part of a civil action.</text> </level> <level label="3"> <text>If a person fails to comply with a subpoena or order issued under this subsection, on petition of the Department, a circuit court, by order, may:</text> <level label="i"> <text>Compel obedience to the Department’s order or subpoena; or</text> </level> <level label="ii"> <text>Compel testimony or the production of evidence.</text> </level> </level> <level label="4"> <text>The court may punish as a contempt any failure to obey its order issued under this section.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="4-212" title_number="4" title_name="Water Management" subtitle_number="2" subtitle_name="Stormwater Management"> <level label="a"> <level label="1"> <text>Unless the person served with an order under § 4-209(a)(1) of this subtitle makes a request for a hearing in accordance with § 4-211(b) of this subtitle, the order is a final order.</text> </level> <level label="2"> <text>If the person served with an order under § 4-209(a)(1) of this subtitle makes a request for a hearing in accordance with § 4-211(b) of this subtitle, the order becomes a final corrective order in accordance with the Department’s decision following the hearing.</text> </level> </level> <level label="b"> <level label="1"> <text>If the Department issues a notice under § 4-209(a)(2) or (3) of this subtitle, the Department may not issue an order that requires corrective action by the person to whom the notice is directed until after the later of:</text> <level label="i"> <text>The conclusion of the hearing, if any; and</text> </level> <level label="ii"> <text>The review of the report, if any.</text> </level> </level> <level label="2"> <text>After the time within which the Department may not issue a corrective order has passed, if the Department finds that a violation of this subtitle has occurred, the Department shall issue an order that requires correction of the violation within a time set in the order.</text> </level> <level label="3"> <text>Any order issued under this subsection is a final corrective order and the person to whom the order is directed is not entitled to a hearing before the Department as a result of the order.</text> </level> </level> <level label="c"> <text>The Department shall:</text> <level label="1"> <text>Take action to secure compliance with any final corrective order; and</text> </level> <level label="2"> <text>If the terms of the final corrective order are violated or if a violation is not corrected within the time set in the order, sue to require correction of the violation.</text> </level> </level> <level label="d"> <text>This section does not prevent the Department or the Attorney General from taking action against a violator before the expiration of the time limitation or schedules in the order.</text> </level> </section> <section article="gen" article_name="Environment" number="4-213" title_number="4" title_name="Water Management" subtitle_number="2" subtitle_name="Stormwater Management"> <level label="a"> <text>Except as provided in subsection (b) of this section, before the Department exercises its authority under § 4-208 or § 4-209 of this subtitle, the Department shall:</text> <level label="1"> <text>Notify the county or municipality of the violation and the Department’s intended action; and</text> </level> <level label="2"> <text>Conduct a joint inspection with a representative of the county or municipality.</text> </level> </level> <level label="b"> <text>If the Department determines that there is a substantial threat to the environment, the Department may take appropriate enforcement action without first conducting a joint inspection under subsection (a)(2) of this section.</text> </level> </section> <section article="gen" article_name="Environment" number="4-214" title_number="4" title_name="Water Management" subtitle_number="2" subtitle_name="Stormwater Management"> <level label="a"> <text>Any person aggrieved by a final decision of the Department in connection with an order or permit issued under this subtitle may take a direct judicial appeal.</text> </level> <level label="b"> <text>The appeal shall be made as provided for judicial review decisions in the Administrative Procedure Act.</text> </level> </section> <section article="gen" article_name="Environment" number="4-215" title_number="4" title_name="Water Management" subtitle_number="2" subtitle_name="Stormwater Management"> <level label="a"> <level label="1"> <text>Any person who violates any provision of this subtitle or any regulation or stormwater management plan adopted or approved under this subtitle is guilty of a misdemeanor and upon conviction in a court of competent jurisdiction is subject to a fine not exceeding $10,000 or imprisonment not exceeding 1 year or both for each violation with costs imposed in the discretion of the court.</text> </level> <level label="2"> <text>The court may order the person to restore the area unlawfully disturbed.</text> </level> <level label="3"> <text>Each day upon which the violation occurs constitutes a separate offense.</text> </level> </level> <level label="b"> <text>Any agency whose approval is required under this subtitle or any interested person may seek an injunction against any person who violates or threatens to violate any provision of this subtitle or any regulation or stormwater management plan adopted or approved under this subtitle.</text> </level> <level label="c"> <level label="1"> <text>In addition to any other sanction under this subtitle, the Department or the Department of Natural Resources, as appropriate, or a political subdivision may bring a civil action against any person for any violation of this subtitle or any regulation or stormwater management plan adopted or approved under this subtitle.</text> </level> <level label="2"> <text>The action may seek the imposition of a civil penalty of not more than $10,000 against the person, an injunction to prohibit the person from continuing the violation or both.</text> </level> </level> <level label="d"> <text>For purposes of a civil action brought under subsection (c) of this section, each day during which a violation continues constitutes a separate offense.</text> </level> <level label="e"> <level label="1"> <text>In addition to any other remedies available at law and after an opportunity for a hearing which may be waived in writing by the person accused of a violation, the Department may impose a penalty for violation of any provision of this subtitle or any regulation or plan adopted or approved under this subtitle.</text> </level> <level label="2"> <text>The penalty imposed on a person under this subsection shall be:</text> <level label="i"> <text>Up to $1,000 for each violation, but not exceeding $20,000 total for any action; and</text> </level> <level label="ii"> <text>Assessed with consideration given to:</text> <level label="1"> <text>The willfulness of the violation, the extent to which the existence of the violation was known to but uncorrected by the violator, and the extent to which the violator exercised reasonable care;</text> </level> <level label="2"> <text>Any actual harm to the environment or to human health, including injury to or impairment of the use of the waters of this State or the natural resources of this State;</text> </level> <level label="3"> <text>The cost of cleanup and the cost of restoration of natural resources;</text> </level> <level label="4"> <text>The nature and degree of injury to or interference with general welfare, health, and property;</text> </level> <level label="5"> <text>The extent to which the location of the violation, including location near waters of this State or areas of human population, creates the potential for harm to the environment or to human health or safety;</text> </level> <level label="6"> <text>The available technology and economic reasonableness of controlling, reducing, or eliminating the violation;</text> </level> <level label="7"> <text>The degree of hazard posed by the particular pollutant or pollutants involved;</text> </level> <level label="8"> <text>The extent to which the current violation is part of a recurrent pattern of the same or similar type of violation committed by the violator; and</text> </level> <level label="9"> <text>Whether or not penalties were assessed or will be assessed under other provisions of this subtitle.</text> </level> </level> </level> <level label="3"> <text>Each day a violation occurs is a separate violation under this subsection.</text> </level> <level label="4"> <text>Any penalty imposed under this subsection is payable to this State and collectible in any manner provided at law for the collection of penalties.</text> </level> </level> <level label="f"> <text>If a county or municipality fails to enforce any provision of this subtitle, the Department may request the Attorney General to take appropriate legal action to correct the violation and to recover penalties under this section, provided that the county or municipality has been given prior written notification of the violation by the Department and has been afforded a reasonable opportunity to take enforcement action.</text> </level> </section> <section article="gen" article_name="Environment" number="4-301" title_number="4" title_name="Water Management" subtitle_number="3" subtitle_name="Watershed Sediment and Waste Control"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Patuxent River Watershed” means the land and water area from which all water drains either directly or indirectly to the Patuxent River.</text> </level> <level label="c"> <text>“Severn River Watershed” means the land and water area from which all water drains either directly or indirectly to the Severn River.</text> </level> <level label="d"> <text>“Watershed” means the Patuxent River Watershed and the Severn River Watershed.</text> </level> </section> <section article="gen" article_name="Environment" number="4-302" title_number="4" title_name="Water Management" subtitle_number="3" subtitle_name="Watershed Sediment and Waste Control"> <text>The General Assembly declares that the Patuxent River and the Severn River are a great natural asset and resource to the State and the counties through which they run. As a result of poorly treated effluent discharged from sewage disposal plants and erosion and silt deposited in the rivers from construction and development on land in the Watershed, the Patuxent River and Severn River are being polluted and despoiled to a degree that fish, marine life, and recreational use of the rivers are being adversely affected and curtailed.</text> </section> <section article="gen" article_name="Environment" number="4-302.1" title_number="4" title_name="Water Management" subtitle_number="3" subtitle_name="Watershed Sediment and Waste Control"> <level label="a"> <text>On or before January 1, 2012, unless a more advanced upgrade or upgrade schedule is required by a State or federal law or regulation, if funding is available from the Bay Restoration Fund, a nonfederal, publicly owned wastewater treatment plant that discharges wastewater into the Patuxent River or any of its tributaries and has a design capacity of at least 500,000 gallons per day shall upgrade to enhanced nutrient removal, as defined under § 9-1601 of this article.</text> </level> <level label="b"> <text>On or before January 1, 2016, unless a more advanced upgrade or upgrade schedule is required by a State or federal law or regulation, if funding is available from the Bay Restoration Fund, a nonfederal wastewater treatment plant that discharges wastewater into the Patuxent River or any of its tributaries and has a design capacity of at least 50,000 gallons per day shall upgrade to enhanced nutrient removal, as defined under § 9-1601 of this article.</text> </level> <level label="c"> <text>On or before January 1, 2020, unless a more advanced upgrade or upgrade schedule is required by a State or federal law or regulation, if funding is available from the Bay Restoration Fund, a nonfederal wastewater treatment plant that discharges wastewater into the Patuxent River or any of its tributaries and has a design capacity that is less than 50,000 gallons per day shall upgrade to enhanced nutrient removal, as defined under § 9-1601 of this article.</text> </level> </section> <section article="gen" article_name="Environment" number="4-303" title_number="4" title_name="Water Management" subtitle_number="3" subtitle_name="Watershed Sediment and Waste Control"> <text>Every person who disposes of or treats sewage in the Watershed shall anticipate the need for advanced waste treatment and removal of nutrients, in providing land and planning construction of sewage treatment plants, so that effluent from sewage treatment plants is sufficiently treated to meet the effluent water quality standard for bacteriological values, dissolved oxygen, pH, and temperature conditions defined by the Secretary of the Environment. Every future sewage treatment plant located within the Watershed shall be constructed to conform with these standards.</text> </section> <section article="gen" article_name="Environment" number="4-304" title_number="4" title_name="Water Management" subtitle_number="3" subtitle_name="Watershed Sediment and Waste Control"> <level label="a"> <text>Any owner or operator of a sewage disposal plant which does not meet the prescribed water quality standards, within 180 days’ notice of failure to meet these standards, shall submit an improved sewage disposal plan to the Department of the Environment for approval. The Department of the Environment, within ten days, shall refer copies of the plan to the appropriate county governing unit of the county in which the plant is located, the Department of Natural Resources and, in Montgomery and Prince George’s counties, to the Washington Suburban Sanitary Commission and the Maryland–National Capital Park and Planning Commission, for review and recommendation. They have 30 days to respond to the Department of the Environment.</text> </level> <level label="b"> <text>The sewage plan shall indicate necessary improvements required to ensure that purity of the effluent meets required standards, and shall include a time schedule to construct necessary improvements within 3 years.</text> </level> <level label="c"> <text>If the applicant or any unit requests, the Department of the Environment shall hold a hearing on the plan after at least ten days’ notice to the applicant and units to which the referral was made. The Department of the Environment shall approve the plan within 90 days after the owner or operator submits the plan. The Department of the Environment may make any amendment or modification it determines, in accordance with the prescribed standards.</text> </level> <level label="d"> <text>If the owner or operator of the sewage disposal plant fails to submit a plan or construct necessary improvements in accordance with the approved plan, the appropriate county governing body of the county, or in Montgomery and Prince George’s counties, the Washington Suburban Sanitary Commission, upon 30 days’ written notice from the Department of the Environment that compliance has not been made with the requirements of this section, shall proceed to complete the necessary plan and work so the sewage disposal plant will conform to the prescribed standards.</text> </level> </section> <section article="gen" article_name="Environment" number="4-305" title_number="4" title_name="Water Management" subtitle_number="3" subtitle_name="Watershed Sediment and Waste Control"> <text>The sewage disposal plant owner or operator shall be liable to the county or governmental unit for funds expended for sewage improvements, costs, and attorneys’ fees. The sewage improvement expenses, costs and fees constitute a lien against the property if recorded and indexed as provided in this subtitle and are collectable as taxes.</text> </section> <section article="gen" article_name="Environment" number="4-306" title_number="4" title_name="Water Management" subtitle_number="3" subtitle_name="Watershed Sediment and Waste Control"> <text>The county health department in each county, on at least a monthly basis, shall take a stream sample at the critical point of every sewage disposal plant’s point of discharge within the Watershed in its county. It shall deliver copies of the analyses of each sample to the appropriate operator, the Department of the Environment, and other units stated in § 4–304 of this subtitle.</text> </section> <section article="gen" article_name="Environment" number="4-307" title_number="4" title_name="Water Management" subtitle_number="3" subtitle_name="Watershed Sediment and Waste Control"> <text>A person may not discharge raw sewage or any other waste into the Patuxent River, the Severn River, or any of their tributaries. For the purpose of this subtitle, oyster and clam shells, and materials used in the culture of marine life are not considered waste. Also a discharge from a sewage treatment plant operating pursuant to the provisions of § 4–303 of this subtitle is not considered waste for the purposes of this section.</text> </section> <section article="gen" article_name="Environment" number="4-308" title_number="4" title_name="Water Management" subtitle_number="3" subtitle_name="Watershed Sediment and Waste Control"> <level label="a"> <text>Anne Arundel County or the City of Annapolis may issue a grading or building permit within the Severn River Watershed only after the developer submits a plan of development approved by the soil conservation district. If the development plan contains any septic or private sewer facility, the Department of the Environment shall approve it only if the facility will not contribute in any way to pollution of the Severn River. The developer shall submit a certificate from a professional engineer, a professional land surveyor, or a professional landscape architect stating that the developer’s plan to control silt and erosion is adequate to contain the silt and erosion on the property covered by the plan. Also, the developer shall submit another certificate stating that any construction or development will be done according to the plan. A subdivision developer shall obtain approval of the plan at the time of approving and recording of the subdivision plat. In addition to any other penalty provided in this subtitle, if a developer violates his certificate, then every permit issued pursuant to the certificate is void.</text> </level> <level label="b"> <text>A State, county, or municipal road, building, or structure may not be constructed, relocated, or enlarged within the Severn River Watershed until plans have been submitted to and approved by the soil conservation district.</text> </level> </section> <section article="gen" article_name="Environment" number="4-309" title_number="4" title_name="Water Management" subtitle_number="3" subtitle_name="Watershed Sediment and Waste Control"> <text>Notwithstanding present planning, zoning, or subdivision controls, a permit may not be issued for grading or constructing any building, unless the grading or constructing is pursuant to any plan approved as provided in § 4–308 of this subtitle.</text> </section> <section article="gen" article_name="Environment" number="4-310" title_number="4" title_name="Water Management" subtitle_number="3" subtitle_name="Watershed Sediment and Waste Control"> <text>When any stripping, grading, excavating, or filling is done, the soil conservation district first shall approve the proposed earth change before a grading permit is issued. Stripping, grading, and constructing shall be done in accordance with the recommendations of the soil conservation district to control erosion and siltation. The Department of the Environment shall cooperate with and assist the soil conservation district to perform its responsibilities. The appropriate department of Anne Arundel County or the City of Annapolis promptly shall file a copy of the inspection reports with the soil conservation district. On completion and compliance with every condition set forth in the grading permit, the soil conservation district shall be notified.</text> </section> <section article="gen" article_name="Environment" number="4-311" title_number="4" title_name="Water Management" subtitle_number="3" subtitle_name="Watershed Sediment and Waste Control"> <text>Any person who has the riparian right to use water in the Severn River Watershed for agricultural purposes may not lose this right because the State or local government or any of their units condemns the person’s land.</text> </section> <section article="gen" article_name="Environment" number="4-312" title_number="4" title_name="Water Management" subtitle_number="3" subtitle_name="Watershed Sediment and Waste Control"> <level label="a"> <text>Any lien created in favor of a county or governmental unit pursuant to this subtitle is effective against the person against whose property the lien exists. However, the lien is not effective against any third party unless written notice of the lien is recorded and indexed in a permanent record maintained in the office of the clerk of the circuit court in each county in which the property subject to the lien or any part of it is located.</text> </level> <level label="b"> <text>The notice shall contain the name and address of the person against whose property the lien exists, the name and address of the county or governmental unit, the amount of the lien, a description or reference to the property subject to the lien, and the date the lien was created.</text> </level> <level label="c"> <text>On presentation of a release of any lien of the county or governmental unit, the clerk of the proper court in which the lien is recorded and indexed shall record and index the release and shall note in the lien docket the date the release is filed and the fact that the lien is released.</text> </level> <level label="d"> <text>The clerk of the proper court shall provide a suitable well-bound book, at the expense of the county or governmental unit, to be called the Watershed treatment plant lien docket, in which the notice of lien shall be recorded and indexed. The clerk may not collect more than $2 for recording and indexing each lien or release of any lien.</text> </level> </section> <section article="gen" article_name="Environment" number="4-313" title_number="4" title_name="Water Management" subtitle_number="3" subtitle_name="Watershed Sediment and Waste Control"> <text>Any unit whose approval is required under this subtitle or any interested person may seek an injunction against any person who violates or threatens to violate any provision of this subtitle.</text> </section> <section article="gen" article_name="Environment" number="4-313.1" title_number="4" title_name="Water Management" subtitle_number="3" subtitle_name="Watershed Sediment and Waste Control"> <level label="a"> <level label="1"> <text>The Department shall impose an administrative civil penalty on a person who owns or operates a sewage treatment plant that is in violation of § 4-302.1(b)(1), (c), or (d) of this subtitle.</text> </level> <level label="2"> <text>The person accused of the violation shall have the right to a hearing but may waive that right in writing.</text> </level> <level label="3"> <text>The penalty imposed under this subsection shall be:</text> <level label="i"> <text>$5 for each pound of phosphorus discharged monthly in violation of § 4-302.1(b)(1) of this subtitle; and</text> </level> <level label="ii"> <text>$2 for each pound of nitrogen discharged monthly in violation of § 4-302.1(c) or (d) of this subtitle.</text> </level> </level> </level> <level label="b"> <level label="1"> <text>Except as provided in paragraph (2) of this subsection, a penalty imposed under this section may not be:</text> <level label="i"> <text>Waived;</text> </level> <level label="ii"> <text>Reduced; or</text> </level> <level label="iii"> <text>Used to assist the penalized person in upgrading a sewage treatment plant.</text> </level> </level> <level label="2"> <text>A penalty imposed under this section may be waived if the phosphorus or nitrogen discharged in violation of § 4-302.1 of this subtitle is due to an act of God or, if it could not reasonably have been anticipated by the owner or operator of the sewage treatment plant, a power outage or a massive leakage of any pollutant that contaminates the wastewater being treated.</text> </level> </level> <level label="c"> <text>The Department shall deposit the penalties collected under this section in the Maryland Clean Water Fund created under § 9-320 of this article.</text> </level> <level label="d"> <text>The Department shall collect the penalties required to be imposed under subsection (a) of this section on a monthly basis beginning on:</text> <level label="1"> <text>February 15, 1989 for violations of § 4-302.1(b)(1) of this subtitle; and</text> </level> <level label="2"> <text>November 15, 1991 for violations of § 4-302.1(c) or (d) of this subtitle.</text> </level> </level> <level label="e"> <text>The penalties required to be imposed under this section are in addition to any other penalties provided by law.</text> </level> </section> <section article="gen" article_name="Environment" number="4-314" title_number="4" title_name="Water Management" subtitle_number="3" subtitle_name="Watershed Sediment and Waste Control"> <text>Any person who violates any provision of this subtitle is guilty of a misdemeanor and is subject to a fine not exceeding $5,000, or imprisonment not exceeding one year or both for each violation, with costs imposed in the discretion of the court.</text> </section> <section article="gen" article_name="Environment" number="4-401" title_number="4" title_name="Water Management" subtitle_number="4" subtitle_name="Water Pollution Control and Abatement"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Cleanup” means abatement, containment, removal, and disposal of oil and the restoration of the environment to its existing state prior to a discharge.</text> </level> <level label="c"> <level label="1"> <text>“Damages” means any damages for which liability exists under the laws of this State resulting from, arising out of, or related to the discharge or threatened discharge of oil.</text> </level> <level label="2"> <text>In addition, “damages” includes:</text> <level label="i"> <text>The cost of assessing the damages;</text> </level> <level label="ii"> <text>Damages for injury to, destruction of, loss of, or loss of use of natural resources, including the reasonable costs of assessing the damage;</text> </level> <level label="iii"> <text>Damages for injury to or economic losses resulting from the destruction of real or personal property that shall be recoverable by a claimant who owns or leases that property;</text> </level> <level label="iv"> <text>Damages for loss of subsistence use of natural resources, that shall be recoverable by any claimant who so uses natural resources that have been injured, destroyed, or lost, without regard to the ownership or management of the resources;</text> </level> <level label="v"> <text>Damages equal to the net loss of taxes, royalties, rents, fees, or net profit shares due to the injury, destruction, or loss of real property, personal property, or natural resources, that shall be recoverable by the State or a political subdivision of the State;</text> </level> <level label="vi"> <text>Damages equal to the loss of profits or impairment of earning capacity due to the injury, destruction, or loss of real property, personal property, or natural resources, that shall be recoverable by any claimant; and</text> </level> <level label="vii"> <text>Damages for net costs of providing increased or additional public services during or after removal activities, including protection from fire, safety, or health hazards caused by a discharge of oil, that shall be recoverable by the State or a political subdivision of the State.</text> </level> </level> </level> <level label="d"> <text>“Discharge” means the addition, introduction, leaking, spilling, or emitting any oil to State waters or the placing of any oil in a location where it is likely to reach State waters.</text> </level> <level label="e"> <text>“Heating oil tank” means an aboveground or underground tank for the storage of heating oil for use as a fuel in heating a residential property.</text> </level> <level label="f"> <text>“Lender” means a person who is:</text> <level label="1"> <text>A holder of a mortgage or deed of trust on a site or a security interest in property located on a site; or</text> </level> <level label="2"> <text>A holder of a mortgage or deed of trust who acquires title through foreclosure or deed in lieu of foreclosure.</text> </level> </level> <level label="g"> <level label="1"> <text>“Management” means directing or controlling operations at a site or facility related to the storage or discharge of oil.</text> </level> <level label="2"> <text>“Management” does not include rendering advice on financial matters, rendering financial assistance, or actions taken to protect or secure a site or facility or property located on the site or at the facility, if the advice, assistance, or actions do not involve the storage, disposal, or remediation of discharged oil.</text> </level> </level> <level label="h"> <level label="1"> <text>“Oil” means oil of any kind and in any liquid form including:</text> <level label="i"> <text>Petroleum;</text> </level> <level label="ii"> <text>Petroleum by–products;</text> </level> <level label="iii"> <text>Fuel oil;</text> </level> <level label="iv"> <text>Sludge containing oil or oil residues;</text> </level> <level label="v"> <text>Oil refuse;</text> </level> <level label="vi"> <text>Oil mixed with or added to or otherwise contaminating soil, waste, or any other liquid or solid media;</text> </level> <level label="vii"> <text>Crude oils;</text> </level> <level label="viii"> <text>Aviation fuel;</text> </level> <level label="ix"> <text>Gasoline;</text> </level> <level label="x"> <text>Kerosene;</text> </level> <level label="xi"> <text>Light and heavy fuel oils;</text> </level> <level label="xii"> <text>Diesel motor fuel, including biodiesel fuel, regardless of whether the fuel is petroleum based;</text> </level> <level label="xiii"> <text>Asphalt;</text> </level> <level label="xiv"> <text>Ethanol that is intended to be used as a motor fuel or fuel source; and</text> </level> <level label="xv"> <text>Regardless of specific gravity, every other nonedible, nonsubstituted liquid petroleum fraction unless that fraction is specifically identified as a hazardous substance under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. § 9601 et seq.</text> </level> </level> <level label="2"> <text>“Oil” does not include:</text> <level label="i"> <text>Liquefied propane;</text> </level> <level label="ii"> <text>Liquefied natural gas; or</text> </level> <level label="iii"> <text>Any edible oils.</text> </level> </level> </level> <level label="i"> <level label="1"> <text>“Oil storage facility” means any installation, structure or premises, aboveground or underground, in which oil is stored.</text> </level> <level label="2"> <text>“Oil storage facility” does not include any tank on a farm or private residence with a capacity to store 1,100 gallons or less of motor fuel or heating oil for noncommercial or personal use or any vessel.</text> </level> </level> <level label="j"> <level label="1"> <text>“Person responsible for the discharge” includes:</text> <level label="i"> <text>The owner of the discharged oil;</text> </level> <level label="ii"> <text>The owner, operator, or person in charge of the oil storage facility, vessel, barge, or vehicle involved in the discharge at the time of or immediately before the discharge; and</text> </level> <level label="iii"> <text>Any other person who through act or omission causes the discharge.</text> </level> </level> <level label="2"> <text>“Person responsible for the discharge” does not include:</text> <level label="i"> <text>A person who, without participating in the management of an underground oil storage tank, and who otherwise is not engaged in petroleum production, refining, or marketing, holds indicia of ownership in an underground oil storage tank primarily to protect its security interest in that underground oil storage tank if that person:</text> <level label="1"> <text>Has not foreclosed on its security interest in the underground oil storage tank; or</text> </level> <level label="2"> <text>Abandoned that underground oil storage tank under regulations of the Department within 180 days of acquiring the tank through foreclosure or other means;</text> </level> </level> <level label="ii"> <text>A holder of a mortgage or deed of trust who acquires title to a property that is subject to a corrective action plan approved by the Department under this subtitle provided that the holder complies with the requirements, prohibitions, and conditions of the plan;</text> </level> <level label="iii"> <text>Subject to paragraph (3) of this subsection, a lender who extends credit for the performance of removal or remedial actions conducted in accordance with requirements imposed under this title who:</text> <level label="1"> <text>Has not caused or contributed to a discharge of oil; and</text> </level> <level label="2"> <text>Previous to extending that credit, is not a person responsible for the discharge at the site; or</text> </level> </level> <level label="iv"> <text>Subject to paragraph (3) of this subsection, a lender who takes action to protect or preserve a mortgage or deed of trust on a site or a security interest in property located on a site at which a discharge of oil has occurred, by stabilizing, containing, removing, or preventing the discharge of oil in a manner that does not cause or contribute to a discharge of oil if:</text> <level label="1"> <text>The lender provides advance written notice of its actions to the Department or in the event of an emergency in which action is required within 2 hours, provides notice by telephone;</text> </level> <level label="2"> <text>The lender, previous to taking the action, is not a person responsible for the discharge at the site; and</text> </level> <level label="3"> <text>The action does not violate a provision of this article.</text> </level> </level> </level> <level label="3"> <text>A lender taking action to protect or preserve a mortgage or deed of trust or security interest in property located on a site, who causes or contributes to a discharge of oil shall be liable solely for costs incurred in response to the discharge which the lender caused or to which the lender contributed unless the lender was a person responsible for the discharge before acquiring a mortgage, deed of trust, or security interest in the site or property located on the site.</text> </level> </level> <level label="k"> <text>“Removal costs” means the costs of removal that are incurred after a discharge of oil has occurred or, in any case where there is a substantial threat of a discharge of oil, the costs to prevent, minimize, or mitigate oil pollution from such an incident.</text> </level> <level label="l"> <level label="1"> <text>“Underground oil storage tank” means one or more tanks including underground pipes connected to tanks, with a volume of 10 percent or more beneath the surface of the ground.</text> </level> <level label="2"> <text>“Underground oil storage tank” does not include a:</text> <level label="i"> <text>Tank on a farm or private residence with a capacity to store 1,100 gallons or less of motor fuel or heating oil for noncommercial or personal use;</text> </level> <level label="ii"> <text>Septic tank;</text> </level> <level label="iii"> <text>Pipeline facility, including gathering lines, regulated under 49 U.S.C. 60101, et seq.;</text> </level> <level label="iv"> <text>Intrastate pipeline facility regulated under State laws comparable to the provisions of the law referred to in item (iii) of this paragraph;</text> </level> <level label="v"> <text>Surface impoundment, pit, pond, or lagoon;</text> </level> <level label="vi"> <text>Stormwater or wastewater collection system;</text> </level> <level label="vii"> <text>Flow–through process tank;</text> </level> <level label="viii"> <text>Storage tank situated in an underground area, such as a basement, cellar, mineworking, drift, shaft, or tunnel if the storage tank is situated upon or above the surface of the floor; or</text> </level> <level label="ix"> <text>Pipe connected to any tank described in items (i) through (viii) of this paragraph.</text> </level> </level> </level> </section> <section article="gen" article_name="Environment" number="4-402" title_number="4" title_name="Water Management" subtitle_number="4" subtitle_name="Water Pollution Control and Abatement"> <text>Because the quality of the waters of this State is vital to the public and private interests of its citizens and because pollution constitutes a menace to public health and welfare, creates public nuisances, is harmful to wildlife, fish and aquatic life, and impairs domestic, agricultural, industrial, recreational, and other legitimate beneficial uses of water, and the problem of water pollution in this State is closely related to the problem of water pollution in adjoining states, it is State public policy to improve, conserve, and manage the quality of the waters of the State and protect, maintain, and improve the quality of water for public supplies, propagation of wildlife, fish and aquatic life, and domestic, agricultural, industrial, recreational, and other legitimate beneficial uses. Also, it is State public policy to provide that no waste is discharged into any waters of this State without first receiving necessary treatment or other corrective action to protect the legitimate beneficial uses of this State’s waters, and to provide and promote, through innovative and alternative methods of waste and wastewater treatment, prevention, abatement, and control of new or existing water pollution. The Department shall cooperate with the agencies of other states and the federal government in carrying out these objectives.</text> </section> <section article="gen" article_name="Environment" number="4-403" title_number="4" title_name="Water Management" subtitle_number="4" subtitle_name="Water Pollution Control and Abatement"> <text>This subtitle may not be construed as repealing any State law relating to water pollution or conservation. This subtitle is supplementary to those laws, except to the extent that the provisions are in direct conflict with one another. It is the purpose of this subtitle to provide additional and cumulative remedies to prevent, abate, and control the pollution of the waters of the State. This subtitle may not be construed to abridge or alter rights of action or remedies in equity under existing common law, statutory law, criminal or civil, nor may any provision of this subtitle, or any act done pursuant to it, be construed as estopping any person, as riparian owner or otherwise, in the exercise of his rights in equity, under the common law, or statutory law to suppress nuisances or abate pollution.</text> </section> <section article="gen" article_name="Environment" number="4-405" title_number="4" title_name="Water Management" subtitle_number="4" subtitle_name="Water Pollution Control and Abatement"> <level label="a"> <text>For the purposes of this subtitle, the Department of the Environment shall have and may exercise the following powers and duties:</text> <level label="1"> <text>General supervision over the administration and enforcement of this subtitle and all rules, regulations, and orders promulgated pursuant to it;</text> </level> <level label="2"> <text>Develop comprehensive programs and plans for prevention, control, and abatement of pollution of the waters of the State by oil or sediment;</text> </level> <level label="3"> <text>Advise, consult, and cooperate with other units of the State, the federal government, other state and interstate agencies, affected groups, political subdivisions, and industries to further the purposes of this subtitle;</text> </level> <level label="4"> <text>Accept and administer loans and grants from the federal government and other sources, public or private, to carry out any of its functions;</text> </level> <level label="5"> <text>Encourage, participate in, finance, or conduct studies, investigations, research, and demonstrations relating to water pollution and its causes, prevention, control, and abatement;</text> </level> <level label="6"> <text>Collect and disseminate information relating to water pollution and its prevention, control, and abatement;</text> </level> <level label="7"> <text>Adopt, modify, repeal, and promulgate, after due notice and hearing, and enforce rules and regulations implementing or effectuating its powers and duties;</text> </level> <level label="8"> <text>Hold hearings, issue notices of hearing and subpoenas requiring the attendance of witnesses and production of evidence, administer oaths, and take necessary testimony; any of these powers may be exercised by the designee of the Secretary; and</text> </level> <level label="9"> <text>Exercise every incidental power necessary to carry out the purposes of this subtitle.</text> </level> </level> <level label="b"> <level label="1"> <text>The Department shall prescribe by regulation approved methods, facilities, standards, and devices for transfer, storage, separating, removing, treating, transporting, or disposing of oil and other unctuous substances to prevent pollution of waters of the State, that may include rules and regulations:</text> <level label="i"> <text>Outlining procedures for addressing water pollution episodes or emergencies which constitute an acute danger to health or the environment; and</text> </level> <level label="ii"> <text>Requiring:</text> <level label="1"> <text>Spill prevention and response training;</text> </level> <level label="2"> <text>Spill contingency plans for oil storage facilities, vessels, and barges;</text> </level> <level label="3"> <text>Spill prevention and containment equipment at oil storage facilities and on vessels and barges or at other locations necessary to control oil spills from vessels or barges;</text> </level> <level label="4"> <text>Inspection of oil storage facilities, vessels, and barges;</text> </level> <level label="5"> <text>Escorts for vessels and barges or any other measure in lieu of an escort necessary to detect and control oil spills from tank vessels;</text> </level> <level label="6"> <text>Detection and control of oil spills from oil storage facilities, vessels, and barges; and</text> </level> <level label="7"> <text>Notification of vessel and barge movement.</text> </level> </level> </level> <level label="2"> <text>A person other than a vessel or barge may not engage in any commercial or industrial operation involving these activities unless the person has:</text> <level label="i"> <text>Submitted to the Department satisfactory evidence that the operation meets all applicable county zoning and land use requirements; and</text> </level> <level label="ii"> <text>Obtained a permit from the Department indicating that the activities are in conformity with the prescribed rules and regulations.</text> </level> </level> </level> <level label="c"> <text>Whenever there occurs in the waters of the State any condition indicative of damage to aquatic resources, including, but not limited to, mortality of fish and other aquatic life, the Department shall investigate the incident, determine the nature and extent of the damage, and establish the cause and source of the occurrence. The Department shall act on these findings and require repair of any damage done and restoration of water resources to a degree necessary to protect the best interest of the people of the State. Any person who is determined to be responsible for the discharge or spillage of any such substance shall be personally and/or severally responsible to immediately clean up and abate the effects of the spillage and restore the natural resources of the State. The Department shall assume control of any discharge or spill situation when it determines that the person responsible for the discharge is not acting promptly in a manner appropriate to remove, mitigate, control, or rectify the spill. If the Department believes instituting suit is advisable, it shall turn over to the Attorney General all pertinent information and data. The Attorney General then shall file suit against the person causing the condition. The person shall be jointly and severally liable for the reasonable cost of rehabilitation and restoration of the resources damaged and the cost of eliminating the condition causing the damage, including the environmental monetary value of such resources as established by regulation.</text> </level> </section> <section article="gen" article_name="Environment" number="4-406" title_number="4" title_name="Water Management" subtitle_number="4" subtitle_name="Water Pollution Control and Abatement"> <text>The Department is responsible for developing a program, including training, to enable the State to respond to an emergency oil spillage in waters of the State. The Department shall coordinate efforts of the various State and local units aiding in the operation and may request the aid of any appropriate federal agency if necessary.</text> </section> <section article="gen" article_name="Environment" number="4-407" title_number="4" title_name="Water Management" subtitle_number="4" subtitle_name="Water Pollution Control and Abatement"> <level label="a"> <text>Except as provided in subsection (b) of this section and except for a vessel or barge carrying or receiving 25 barrels or less of oil, any vessel or barge, whether or not self-propelled, in or entering upon the waters of the State to discharge or receive a cargo of any bulk oil in the State shall post a bond of $500 per gross ton of vessel or barge or other security, in an equal amount, determined to be sufficient by the Secretary with the Department of the Environment. The bond or other security shall be in a form approved by the Department and may be obtained individually or jointly by the vessel or barge, its owner or agent, its charterer, or the owner or operator of the terminal at which the vessel or barge discharges or receives the bulk oil. If the Department of the Environment determines oil has been discharged or spilled into the waters of the State from the vessel or barge, the bond or other security shall be forfeited to the Department, to the extent of the costs incurred to eliminate the residue of oil discharge or spillage, to the extent of damage caused to the natural and recreational resources of the State, and to the extent of any otherwise uncollectible fine levied against the vessel or barge, its owner or agent, its charterer, or the owner or operator of the terminal at which the vessel or barge discharges or receives the bulk oil, or any other person responsible for the discharge or spill. The remedies provided in this section are in addition to every other remedy available. Bond or other security may not be released without certification by the Department of the Environment that the vessel or barge has not been a source of oil discharge or spillage into the waters of the State. If the owner or operator of a vessel or barge presents adequate evidence of financial responsibility to the Department, it shall be exempt from the Department provisions requiring posting, and forfeiture, on certain conditions of a bond or other security.</text> </level> <level label="b"> <text>The Secretary may waive the bond or other security requirements of subsection (a) of this section if the Secretary determines that the bonds or securities required are unavailable.</text> </level> <level label="c"> <text>If the Secretary has not waived the bond or security requirements as provided in subsection (b) of this section, the owner, agent, charterer, and owner or operator of the terminal at which a vessel or barge discharges or receives cargo of bulk oil without being bonded as provided in subsection (a) of this section is guilty of a misdemeanor and upon conviction in a court of competent jurisdiction is subject to a fine not exceeding $25,000 for each offense.</text> </level> <level label="d"> <text>All penalties and bond and security forfeitures collected under this section shall be credited to the Maryland Oil Disaster Containment, Clean-Up and Contingency Fund.</text> </level> </section> <section article="gen" article_name="Environment" number="4-408" title_number="4" title_name="Water Management" subtitle_number="4" subtitle_name="Water Pollution Control and Abatement"> <text>The Department of the Environment shall charge and collect a compensatory fee from the person responsible for any oil spillage. This fee shall cover the costs incurred by any person who responds to an oil spillage with the authorization of the Department and shall cover the cost of labor, equipment operation, and material necessary to eliminate the residue of oil spillage, and the cost of restoring the area damaged by the spillage to its original condition. Any compensatory fees collected by the Department for costs incurred by a person authorized to respond to an oil spillage shall be reimbursed to that person by the Department.</text> </section> <section article="gen" article_name="Environment" number="4-409" title_number="4" title_name="Water Management" subtitle_number="4" subtitle_name="Water Pollution Control and Abatement"> <level label="a"> <text>The person responsible for the oil spillage shall be liable to any other person for any damage to his real or personal property directly caused by the spillage.</text> </level> <level label="b"> <level label="1"> <text>In this subsection, “owner of an underground oil storage tank” includes any person who:</text> <level label="i"> <text>Causes an underground oil storage tank to be installed; or</text> </level> <level label="ii"> <text>Acquires, other than through a lease or rental, and uses an underground oil storage tank.</text> </level> </level> <level label="2"> <text>The Department shall adopt regulations requiring the owner of an underground oil storage tank to provide evidence of financial responsibility for costs of cleanup, corrective action, and third party liability in the event of a discharge.</text> </level> <level label="3"> <text>Tanks subject to the financial responsibility requirements of this subsection shall be the same as those tanks for which financial assurance is required under Subtitle I of the Resource Conservation and Recovery Act, and limits of coverage shall be the same as those imposed under that act.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="4-410" title_number="4" title_name="Water Management" subtitle_number="4" subtitle_name="Water Pollution Control and Abatement"> <level label="a"> <text>Except in case of emergency imperiling life or property, unavoidable accident, collision, or stranding, or as authorized by a permit issued under § 9–323 of this article, it is unlawful for any person to discharge or permit the discharge of oil in any manner into or on waters of this State.</text> </level> <level label="b"> <text>Notwithstanding any provision of this subtitle, any person discharging or permitting the discharge of oil, or who either actively or passively participates in the discharge or spilling of oil either from a land–based installation, including aboveground or underground storage tanks and vehicles in transit, or from any vessel, barge, ship, or boat of any kind, shall report the incident immediately to the Department. The person shall remain available until clearance to leave is given by the appropriate officials designated by the Department.</text> </level> <level label="c"> <text>To administer this section the Department of the Environment may use the organization, equipment, and units, including engineering, clerical, and other personnel, employed in the improvement and preservation of waters and natural resources of the State to enforce the laws for the preservation and protection of the waters and natural resources of the State. Any person authorized by law to make arrests may apply for a warrant, arrest, and take into custody, with or without process, any person who violates any provision of this section. However, a person may not be arrested without process for a violation not committed in the presence of one of the aforesaid officials. If any person is arrested under the provisions of this section, the person arrested immediately shall be brought before a judge or court of the State for examination of the offense alleged against him.</text> </level> <level label="d"> <text>Whenever any person, vessel, barge, ship, or boat is accused of violating any provision of this section, the arresting officer shall notify the Department of the Environment in writing to permit the Department to take any advisable action. The provisions of this subsection are directory only.</text> </level> <level label="e"> <text>This section shall be in addition to the laws existing prior to June 1, 1949, for the preservation and protection of waters of the Chesapeake Bay and its tributaries. It does not repeal, modify, or in any manner affect the provisions of those laws.</text> </level> </section> <section article="gen" article_name="Environment" number="4-411" title_number="4" title_name="Water Management" subtitle_number="4" subtitle_name="Water Pollution Control and Abatement"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <text>“Barrel” means any measure of petroleum products or its by–products which consists of 42.0 U.S. gallons of liquid measure.</text> </level> <level label="3"> <text>“Fund” means the Maryland Oil Disaster Containment, Clean–Up and Contingency Fund.</text> </level> <level label="4"> <text>“Transfer” means the offloading or onloading of oil into the State from or to any commercial vessel, barge, tank truck, tank car, pipeline, or any other means used for transporting oil.</text> </level> </level> <level label="b"> <text>A person other than a vessel or barge may not transfer oil into the State without a license.</text> </level> <level label="c"> <level label="1"> <text>A license required under this section shall be secured from the Department of the Environment subject to the terms and conditions set forth in this section.</text> </level> <level label="2"> <text>The fee on any barrel transferred into the State under a license shall be:</text> <level label="i"> <text>Paid by the licensee that owns the oil when the oil is first transferred into the State; and</text> </level> <level label="ii"> <text>Imposed only once, at the point of first transfer into the State.</text> </level> </level> <level label="3"> <text>The fee under paragraph (2) of this subsection shall be credited to the Maryland Oil Disaster Containment, Clean–Up and Contingency Fund and based on:</text> <level label="i"> <text>Before July 1, 2030, a 9 cents per barrel fee for oil transferred into the State; and</text> </level> <level label="ii"> <text>On or after July 1, 2030, a 5 cents per barrel fee for oil transferred into the State.</text> </level> </level> <level label="4"> <level label="i"> <text>The license fee shall be paid quarterly to the Department and on receipt by the Comptroller, credited to the proper fund.</text> </level> <level label="ii"> <text>The licensee shall certify to the Department, on forms as may be prescribed by the Department, the number of barrels of oil transferred by the licensee during the fee quarter no later than the last day of the month following the fee quarter.</text> </level> <level label="iii"> <text>These records shall be kept confidential by the Department.</text> </level> </level> <level label="5"> <text>When the balance in the Maryland Oil Disaster Containment, Clean–Up and Contingency Fund from the monthly license fees paid under paragraph (3)(i) of this subsection into the Fund equals or exceeds a maximum limit of $5,000,000, collection of subsequent monthly license fees under paragraph (3)(i) of this subsection shall be abated until:</text> <level label="i"> <text>The balance in the Fund from the license fees becomes less than or equal to $4,000,000; or</text> </level> <level label="ii"> <text>There is evidence that the balance in the Fund could be significantly reduced by the recent occurrence of a major discharge or series of discharges.</text> </level> </level> <level label="6"> <level label="i"> <text>If a licensee fails to remit the fee and accompanying certification required by this section, the amount of the license fee due shall be determined by the Department from information as may be available.</text> </level> <level label="ii"> <text>Notice of this determination shall be given to the licensee liable for payment of the license fee.</text> </level> <level label="iii"> <text>The determination shall finally and irrevocably fix the fee unless the licensee against whom it is assessed, within 30 days after receiving notice of the determination, shall apply to the Department for a hearing or unless the Department, on its own, shall redetermine the fee.</text> </level> </level> <level label="7"> <text>The Department shall adopt regulations, establish audit procedures for the audit of licensees, and prescribe and publish forms as may be necessary to effectuate the purposes of this section.</text> </level> </level> <level label="d"> <text>As a condition precedent to the issuance or renewal of a license, the Department shall require satisfactory evidence that the applicant has implemented or is in the process of implementing State and federal plans and regulations to control pollution related to oil, petroleum products, and their by–products and the abatement thereof when a discharge occurs.</text> </level> <level label="e"> <text>Any person who violates subsection (b) or subsection (c) of this section is guilty of a misdemeanor and upon conviction in a court of competent jurisdiction is subject to a fine not exceeding $10,000 plus any accrued but unpaid license fees.</text> </level> <level label="f"> <level label="1"> <level label="i"> <text>There is a Maryland Oil Disaster Containment, Clean–Up and Contingency Fund for the Department to use to develop equipment, personnel, and plans; for contingency actions to respond to, contain, clean–up, and remove from the land and waters of the State discharges of oil, petroleum products, and their by–products into, upon, or adjacent to the waters of the State; and restore natural resources damaged by discharges.</text> </level> <level label="ii"> <text>The Fund may also be used by the Department for oil–related activities in water pollution control programs.</text> </level> <level label="iii"> <level label="1"> <text>The cost of containment, clean–up, removal, and restoration, including attorneys’ fees and litigation costs, shall be reimbursed to the State by the person responsible for the discharge.</text> </level> <level label="2"> <text>The reimbursement shall be credited to the Fund.</text> </level> </level> <level label="iv"> <text>The Fund shall be limited in accordance with the limits set forth in this section.</text> </level> <level label="v"> <text>To this Fund shall be credited every license fee, fine, if imposed by the circuit court for any county, and any other charge related to this subtitle.</text> </level> <level label="vi"> <text>To this Fund shall be charged every expense the Department of the Environment has which relates to this section.</text> </level> </level> <level label="2"> <text>Notwithstanding any other provision of this section, in fiscal years 2019, 2020, and 2021 only, the Fund may be used to pay costs associated with the purposes of the Oil Contaminated Site Environmental Cleanup Fund specified in § 4–704 of this title.</text> </level> <level label="3"> <text>In fiscal years 2022 through 2029, the Fund may be used to reimburse the residential owner of a heating oil tank that applied, on or before June 30, 2024, to the Oil Contaminated Site Environmental Cleanup Fund under § 4–705(b)(2) of this title.</text> </level> </level> <level label="g"> <level label="1"> <text>Money in the Fund not needed currently to meet the Department of the Environment’s obligations in the exercise of its responsibility under this section shall be deposited with the State Treasurer to the credit of the Fund, and may be invested as provided by law.</text> </level> <level label="2"> <text>Interest received on the investment shall be credited to the Fund.</text> </level> <level label="3"> <text>The Secretary of the Environment shall determine the proper allocation of the money credited to the Fund only for the following purposes:</text> <level label="i"> <text>Administrative expenses, personnel expenses, and equipment costs of the Department related to the purposes of this section;</text> </level> <level label="ii"> <text>Prevention, control, containment, clean–up, and removal of discharges into, upon, or adjacent to waters of the State of discharges of oil, petroleum products and their by–products, and the restoration of natural resources damaged by such discharges;</text> </level> <level label="iii"> <text>Development of containment and clean–up equipment, plans, and procedures in accordance with the purposes of this section;</text> </level> <level label="iv"> <text>Paying insurance costs by the State to extend or implement the benefits of the Fund;</text> </level> <level label="v"> <text>Expenses related to oil–related activities in the Department’s water pollution control programs;</text> </level> <level label="vi"> <text>In fiscal years 2019, 2020, and 2021 only, paying costs associated with the purposes of the Oil Contaminated Site Environmental Cleanup Fund specified in § 4–704 of this title; and</text> </level> <level label="vii"> <text>In fiscal years 2022 through 2029, reimbursing the residential owner of a heating oil tank that applied, on or before June 30, 2024, to the Oil Contaminated Site Environmental Cleanup Fund under § 4–705(b)(2) of this title.</text> </level> </level> </level> <level label="h"> <level label="1"> <text>The Department shall provide the standing committees of the Maryland General Assembly with primary jurisdiction over this section with a status report on the Fund on or before January 1 of each year in accordance with § 2–1257 of the State Government Article.</text> </level> <level label="2"> <text>The report shall include an accounting of all money expended for each of the purposes specified in subsection (g) of this section.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="4-411.1" title_number="4" title_name="Water Management" subtitle_number="4" subtitle_name="Water Pollution Control and Abatement"> <level label="a"> <text>On or before July 1, 1990, the owner, operator, or person in charge of an underground oil storage facility shall register the underground oil storage facility with the Department.</text> </level> <level label="b"> <text>Unless an underground oil storage facility is registered with the Department in accordance with the provisions of subsection (a) of this section and is in substantial compliance with State law and regulations relating to oil storage, as defined by regulation, no oil may be sold to or received by the underground oil storage facility.</text> </level> <level label="c"> <text>For the purposes of this section, if any underground oil storage facility registered with the Department under subsection (a) of this section is removed, or no longer in use, the owner, operator, or person in charge of the underground oil storage facility shall notify the Department not later than 30 days after the removal or discontinuance of use.</text> </level> <level label="d"> <text>The Department shall adopt regulations to:</text> <level label="1"> <text>Implement the provisions of this section; and</text> </level> <level label="2"> <text>Define “underground oil storage facility”.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="4-411.2" title_number="4" title_name="Water Management" subtitle_number="4" subtitle_name="Water Pollution Control and Abatement"> <level label="a"> <text>Within 14 days of the finding, the Department shall notify the appropriate local health department of a finding that a groundwater monitoring well sample taken from a high–risk groundwater use area, as defined by the Department, contains:</text> <level label="1"> <text>Methyl tertiary butyl ether at or in excess of 20 parts per billion;</text> </level> <level label="2"> <text>Benzene at or in excess of 5 parts per billion; or</text> </level> <level label="3"> <text>A combination of benzene, toluene, ethyl benzene, and xylene at or in excess of 100 parts per billion.</text> </level> </level> <level label="b"> <level label="1"> <text>Except as provided in paragraph (2) of this subsection, the Department shall notify each owner of property within one–half mile of the site from which the sample was taken.</text> </level> <level label="2"> <text>If the Department and the local health department agree, the local health department shall give the notice required under this section.</text> </level> <level label="3"> <text>The notification shall:</text> <level label="i"> <text>Be mailed within 14 days of the receipt of a notice from the Department under subsection (a) of this section;</text> </level> <level label="ii"> <text>Be mailed via certified mail; and</text> </level> <level label="iii"> <text>Provide the property owner with information regarding the amount of contamination at the site.</text> </level> </level> </level> <level label="c"> <text>The person responsible for the release that resulted in the groundwater contamination shall reimburse the Department or the local health department for the costs associated with providing the notice required under subsection (b) of this section.</text> </level> </section> <section article="gen" article_name="Environment" number="4-412" title_number="4" title_name="Water Management" subtitle_number="4" subtitle_name="Water Pollution Control and Abatement"> <level label="a"> <level label="1"> <text>Whenever the Department believes a violation of any provision of this subtitle or any rule or regulation has occurred, it shall cause a written complaint to be served upon the alleged violator. The complaint shall specify the provision of law or rule or regulation allegedly violated and the alleged fact that constitutes the violation. Subsequent to or concurrent with service of the complaint as provided in subsection (c) of this section, the Department may exercise one of the following options:</text> <level label="i"> <text>Issue an order requiring necessary corrective action be taken within the time prescribed in its order. Any person named in the order may request in writing a hearing before the Department not later than ten days after the date the order is served, in which case a hearing shall be scheduled within ten days from receipt of the request. A decision shall be rendered within ten days from the date of the hearing;</text> </level> <level label="ii"> <text>Require the alleged violator to file a written report regarding the alleged violation;</text> </level> <level label="iii"> <text>Require the alleged violator to appear before the Department at a time and place the Department specifies to answer the charge outlined in the complaint; or</text> </level> <level label="iv"> <text>Require the alleged violator to file a written report regarding the alleged violation and appear before the Department at a time and place the Department specifies to answer the charges outlined in the complaint.</text> </level> </level> <level label="2"> <text>If the Department exercises the option provided by paragraph (1)(ii) of this subsection, the alleged violator may request in writing a hearing before the Department not later than ten days after the date that notice of the requirement of the written report is served. The appearance of the alleged violator before the Department under the options provided by paragraph (1)(iii) or (iv) of this subsection constitutes an administrative hearing, and the party has the right of any party in a contested case provided in §§ 10–205, 10–208, and 10–209 of the State Government Article. If the Department exercises the option provided by paragraph (1)(ii), (iii), or (iv) of this subsection, it may not issue an order requiring corrective action to be taken as a result of the alleged violation before expiration of the time set for filing any report and holding any hearing required under these paragraphs. Thereafter, the Department may issue an order requiring necessary corrective action be taken within the time prescribed in the order. A person is not entitled to a hearing before the Department as a result of this order. Notice of a hearing or of a requirement that a written report be filed shall be served on the alleged violator in accordance with the provisions of subsection (c) of this section not less than ten days before the time set for the hearing or filing of a report. Every order the Department issues under the provisions of this section shall be served on the person affected in accordance with the provisions of subsection (c) of this section. The order shall become effective immediately according to its terms upon service.</text> </level> </level> <level label="b"> <text>A person aggrieved by an order or permit issued may obtain immediate judicial review under the provisions of §§ 10–222 and 10–223 of the State Government Article and the Maryland Rules.</text> </level> <level label="c"> <text>Except as otherwise provided, any notice, order, or other instrument issued by or under authority of the Department may be served in accordance with § 1–204 of this article or by publication on any person affected. If service is made by certified mail, return receipt requested, proof of service may be made by the sworn statement or affidavit of the person who mailed the notice, order, or other instrument. The sworn statement or affidavit shall be filed with the Department.</text> </level> <level label="d"> <text>A verbatim record of the proceedings of hearings may be taken when necessary or advisable by the Department. A subpoenaed witness shall receive the same fees and mileage as in any civil action. If a witness refuses to obey a notice of hearing or subpoena issued under this section, any circuit court, upon the application of the Department, may issue an order requiring the person to appear, testify, or produce evidence as required. The failure to obey a court order may be punished by the court as contempt.</text> </level> </section> <section article="gen" article_name="Environment" number="4-413" title_number="4" title_name="Water Management" subtitle_number="4" subtitle_name="Water Pollution Control and Abatement"> <level label="a"> <text>Except as provided in subsection (b) of this section, or except as authorized by a permit issued under § 9-323 of this article, it is unlawful for any person to add, introduce, leak, spill, or otherwise emit soil or sediment into waters of the State or to place soil or sediment in a condition or location where it is likely to be washed into waters of the State by runoff of precipitation or by any other flowing waters.</text> </level> <level label="b"> <text>A person engaged in agricultural land management practices, as defined by the Department for the purposes of Subtitle 1 of this title, may not add, introduce, leak, spill, or otherwise emit soil or sediment into waters of the State unless that person is implementing and maintaining a soil conservation and water quality plan approved by the local soil conservation district. If a person engaging in agricultural land management practices without a district approved soil conservation and water quality plan complies with an order for corrective action issued under § 4-412(a) of this subtitle, that person shall not be subject to penalties as provided under § 4-417 of this subtitle.</text> </level> <level label="c"> <text>With the approval of the Department of Agriculture, the Department of the Environment shall adopt regulations to implement subsection (b) of this section.</text> </level> </section> <section article="gen" article_name="Environment" number="4-414" title_number="4" title_name="Water Management" subtitle_number="4" subtitle_name="Water Pollution Control and Abatement"> <text>The Department of Natural Resources, in cooperation with other appropriate agencies, shall evaluate and monitor the dumping of all dredged spoil and similar type operations in the waters of the State. The frequency of monitoring during actual operations shall be sufficient to promptly identify any irregular or unanticipated occurrence within sufficient time to modify or terminate the operations before environmental damage occurs. All monitoring data shall be made available promptly to the public.</text> </section> <section article="gen" article_name="Environment" number="4-415" title_number="4" title_name="Water Management" subtitle_number="4" subtitle_name="Water Pollution Control and Abatement"> <text>If a violation of any provision of this subtitle has occurred and the existence of the violation has been finally determined, the Department shall promptly issue an order requiring the correction of each violation found to have occurred, and the Department shall secure compliance with the provisions of the order. If the terms of the order are violated or if the violation has not been corrected within the time specified in the order, the violation shall be referred to the Attorney General, who, in addition to any other action taken or which he elects to take against the violator, shall take appropriate legal action to require correction of the violation. This section does not prevent the Attorney General or the Department from taking action against the violator before the expiration of the time limitations or schedules in the order.</text> </section> <section article="gen" article_name="Environment" number="4-415.1" title_number="4" title_name="Water Management" subtitle_number="4" subtitle_name="Water Pollution Control and Abatement"> <level label="a"> <text>At any reasonable time, to carry out duties under this subtitle, a representative of the Department may enter any oil storage facility or vessel or barge in or entering upon the waters of the State to discharge or receive a cargo of any bulk oil:</text> <level label="1"> <text>To inspect the vessel, barge, or oil storage facility;</text> </level> <level label="2"> <text>To obtain water, air, or soil samples; and</text> </level> <level label="3"> <text>To measure the volume and kinds of substances that are received or stored.</text> </level> </level> <level label="b"> <text>The Department may enter any property and assume control of any oil spill situation when it determines that a responsible party is not:</text> <level label="1"> <text>Acting promptly to remove the spill; or</text> </level> <level label="2"> <text>Undertaking removal or mitigation in a manner appropriate to control or rectify the conditions causing the condition.</text> </level> </level> <level label="c"> <text>If entry is denied under this section, the Secretary may seek an injunction to enter the facility or property.</text> </level> </section> <section article="gen" article_name="Environment" number="4-416" title_number="4" title_name="Water Management" subtitle_number="4" subtitle_name="Water Pollution Control and Abatement"> <level label="a"> <text>The Attorney General, on the request of the Department, shall prosecute criminal cases or bring an action for an injunction against any person violating the provisions of this title, or violating any valid order or permit issued by the Department. In any action for an injunction brought pursuant to this section, any finding of the Department after hearing shall be prima facie evidence of each fact found.</text> </level> <level label="b"> <text>Upon a showing by the Attorney General, in behalf of the Department, that any person is violating or is about to violate the provisions of this subtitle or is violating or is about to violate any valid order or permit issued by the Department, an injunction shall be granted without the necessity of showing a lack of adequate remedy at law. In circumstances of emergency creating conditions of imminent danger to the public health, welfare or the environment, the Attorney General, on behalf of the Department, may institute a civil action for an immediate injunction to halt any pollution or other activity causing the danger.</text> </level> </section> <section article="gen" article_name="Environment" number="4-417" title_number="4" title_name="Water Management" subtitle_number="4" subtitle_name="Water Pollution Control and Abatement"> <level label="a"> <text>Any person who violates any provision of this subtitle, or any rule, regulation, order, or permit issued pursuant thereto, shall be liable for a penalty not exceeding $25,000 for the violation, which may be recovered in a civil action, and the person may be enjoined from continuing the violation, as provided by this subtitle. Each day upon which the violation occurs constitutes a separate offense.</text> </level> <level label="b"> <text>Any person who violates any of the provisions of, or who fails to perform any duty imposed by, this subtitle, or any regulation or order issued under it, or the provisions of any permit of the Department made pursuant to this subtitle is guilty of a misdemeanor, and upon conviction, is subject to a fine not exceeding $50,000 or by imprisonment not exceeding one year, or both, and, in addition, may be enjoined from continuing the violation. If the conviction is for a violation committed after a first conviction of the person under this subsection, punishment shall be by a fine of not more than $50,000 per day of violation or by imprisonment not exceeding two years or both, and in addition, the person may be enjoined from continuing the violation. Each day upon which a violation occurs constitutes a separate offense.</text> </level> <level label="c"> <text>Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this title, or by any permit, rule, regulation or order issued under this title, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this title or by any permit, rule, regulation, or order issued under this title, upon conviction, is subject to a fine not exceeding $10,000, or by imprisonment not exceeding six months or both.</text> </level> <level label="d"> <text>In addition to any other remedies available at law or in equity, a civil penalty may be assessed for violation of any provisions of this subtitle, or rules, regulations, orders or permits issued pursuant thereto. The penalty may be assessed by the Secretary of the Environment, or a hearing officer designated in writing by the Secretary, after an opportunity for a hearing which may be waived in writing by the person accused of a violation. The civil penalty assessed shall be up to $10,000 for each day of violation, not exceeding a total sum of $100,000; consideration shall be given to the willfulness of the violation; to the damage or injury to the waters of the State or the impairment of its uses; to the cost of clean-up; to the nature and degree of injury to or interference with general welfare, health, and property; to the suitability of the waste source to its geographic location, including priority of location; to the available technology and economic reasonableness of controlling, reducing, or eliminating the waste; and other relevant factors. It is payable to the State and collectible in any manner provided at law for the collection of debts. If any person liable to pay the penalty neglects or refuses to pay it after demand, the amount, together with interest and any costs that may accrue, shall be a lien in favor of the State upon the property, both real and personal, of the person and shall be recorded in the clerk of court’s office for the political subdivision in which the property is located. Except for penalties collected for violations of Section 4-413 of this subtitle, moneys shall be placed in the Maryland Oil Disaster Containment, Clean-Up and Contingency Fund under Section 4-411(f) of this subtitle.</text> </level> </section> <section article="gen" article_name="Environment" number="4-418" title_number="4" title_name="Water Management" subtitle_number="4" subtitle_name="Water Pollution Control and Abatement"> <level label="a"> <text>Any person responsible for a discharge of oil in violation of § 4-410(a) or (b) of this subtitle is:</text> <level label="1"> <text>Guilty of a misdemeanor and on conviction is subject to a fine or imprisonment or both for each offense as provided in § 4-417(b) of this subtitle;</text> </level> <level label="2"> <text>Subject to the civil penalties set forth in § 4-417(a) of this subtitle; and</text> </level> <level label="3"> <text>Liable for the pecuniary penalty specified in § 4-417(d) of this subtitle.</text> </level> </level> <level label="b"> <text>In addition to any other civil, criminal, or administrative penalty available, a person responsible for a discharge who violates § 4-410(a) or (b) of this subtitle in connection with a discharge or spill of oil exceeding 25,000 gallons is liable for a penalty, which may be recovered in a civil action, of up to $100 for each gallon discharged or spilled.</text> </level> <level label="c"> <text>Clearance of a vessel or barge from a port of the State may be withheld until all penalties assessed under this subtitle and all compensatory fees charged under § 4-408 of this subtitle are paid. The penalties and compensatory fees constitute a lien on the vessel.</text> </level> <level label="d"> <text>All penalties collected under this section shall be paid into the Maryland Oil Disaster Containment, Clean-Up and Contingency Fund.</text> </level> </section> <section article="gen" article_name="Environment" number="4-419" title_number="4" title_name="Water Management" subtitle_number="4" subtitle_name="Water Pollution Control and Abatement"> <level label="a"> <text>Notwithstanding any other provision of law, a person is not liable for costs of containment, cleanup, and removal of the discharge or damages as a result of acts or omissions taken in the course of rendering care, assistance, or advice consistent with this subtitle and the National Contingency Plan, or as otherwise directed by the federal on–scene coordinator or appropriate State official unless:</text> <level label="1"> <text>The person is a person responsible for the discharge in accordance with § 4–401(j) of this subtitle;</text> </level> <level label="2"> <text>The person is a responsible party as defined by the federal Oil Pollution Act of 1990; or</text> </level> <level label="3"> <text>The person is grossly negligent or engages in willful misconduct.</text> </level> </level> <level label="b"> <text>Nothing in subsection (a) of this section shall be construed to affect or limit any cause of action for personal injury or wrongful death arising from an act or omission of a person responding to a discharge.</text> </level> <level label="c"> <text>A responsible party as defined by the federal Oil Pollution Act of 1990 or a person responsible for the discharge as defined in § 4–401(j) of this subtitle is liable for any containment, cleanup, and removal costs or damages that another person is relieved of under this section.</text> </level> </section> <section article="gen" article_name="Environment" number="4-420" title_number="4" title_name="Water Management" subtitle_number="4" subtitle_name="Water Pollution Control and Abatement"> <level label="a"> <text>This section applies to the removal of heating oil tanks from a residential property, when permanently abandoning the use of heating oil as a fuel at the property, whether by converting a heating system from the use of heating oil to another fuel, or otherwise.</text> </level> <level label="b"> <text>Immediately upon abandonment of the use of heating oil as a fuel at the property, the owner of the heating oil tank shall:</text> <level label="1"> <text>Remove all flammable and combustible liquids from the heating oil tank and from all piping and piping connections;</text> </level> <level label="2"> <level label="i"> <text>Remove from the property the heating oil tank, if not in serviceable or operable condition, and all piping and piping connections used for supplying heating oil to the heating system; or</text> </level> <level label="ii"> <text>In the case of an underground heating oil tank, fill in the tank with dirt, sand, gravel, or similar material;</text> </level> </level> <level label="3"> <text>Remove any outside filling pipe or secure the pipe against accidental filling; and</text> </level> <level label="4"> <text>Dispose of all flammable and combustible liquids, and the heating oil tank if required, in accordance with the requirements of this article and other applicable State and federal laws.</text> </level> </level> <level label="c"> <text>If the abandonment of the use of heating oil occurs as a result of conversion to another heating fuel, the converted heating system shall be inspected in accordance with applicable law.</text> </level> </section> <section article="gen" article_name="Environment" number="4-501" title_number="4" title_name="Water Management" subtitle_number="5" subtitle_name="Penalty and Fines; Prosecution"> <level label="a"> <text>Any person who violates any provision of this title is guilty of a misdemeanor. Upon conviction in a court of competent jurisdiction, unless another penalty is specifically provided elsewhere in this title, the person is subject to a fine not exceeding $500, or imprisonment not exceeding three months, or both, with costs imposed in the discretion of the court. Every fine and cost shall be paid in accordance with § 7–503 of the Courts Article.</text> </level> <level label="b"> <text>Any person found guilty of a second or subsequent violation of any provision of this title in a court of competent jurisdiction, unless another penalty is specifically provided elsewhere in this title, is subject to a fine not exceeding $1,000, or imprisonment not exceeding one year, or both with costs imposed in the discretion of the court. For the purpose of this subsection, a second or subsequent violation is one which has occurred within 2 years of any prior violation of this title.</text> </level> <level label="c"> <text>In addition to any administrative penalty provided in this title, violation of any rule or regulation or restriction promulgated by any unit within the Department of the Environment pursuant to the provisions of this title is a misdemeanor and is punishable as provided in subsections (a) and (b) of this section.</text> </level> </section> <section article="gen" article_name="Environment" number="4-502" title_number="4" title_name="Water Management" subtitle_number="5" subtitle_name="Penalty and Fines; Prosecution"> <text>The Attorney General shall take charge of, prosecute, and defend on behalf of the State every case arising under the provisions of this title and regulations adopted thereunder.</text> </section> <section article="gen" article_name="Environment" number="4-601" title_number="4" title_name="Water Management" subtitle_number="6" subtitle_name="Underground Storage Tank Upgrade and Replacement Fund"> <level label="a"> <text>There is an Underground Storage Tank Upgrade and Replacement Fund.</text> </level> <level label="b"> <text>The Fund shall be used to provide loans to owners of underground storage tanks to finance eligible costs of upgrading and replacing underground storage tanks.</text> </level> <level label="c"> <text>The provisions of this subtitle do not apply to underground storage tanks:</text> <level label="1"> <text>That are exempt under § 4–409(b)(3) of this title;</text> </level> <level label="2"> <text>That are owned by the State or a county or a municipal government;</text> </level> <level label="3"> <text>That are owned by a local education agency; or</text> </level> <level label="4"> <text>That are owned by a paid or volunteer fire company or rescue squad.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="4-602" title_number="4" title_name="Water Management" subtitle_number="6" subtitle_name="Underground Storage Tank Upgrade and Replacement Fund"> <level label="a"> <text>On or before September 1, 1991 and until July 1, 1996, a fee shall be paid annually to the Department for each underground storage tank in the State unless the tank is used exclusively for the production, distribution, or sale of petroleum by the owner of the tank.</text> </level> <level label="b"> <text>The tank fee imposed under this section may not exceed:</text> <level label="1"> <text>$100 for each tank having a maximum capacity of under 1,100 gallons; and</text> </level> <level label="2"> <text>$200 for each tank having a maximum capacity of 1,100 gallons or more.</text> </level> </level> <level label="c"> <text>The tank fee imposed under this section may be waived or reduced provided that:</text> <level label="1"> <text>The owner of the tank has not been billed for the fee for 2 consecutive years; and</text> </level> <level label="2"> <text>By October 1, 1996, the owner of the tank upgrades, replaces, or removes the tank to meet the technical requirements of the underground storage tank regulation adopted under Subtitle 4 of this title.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="4-603" title_number="4" title_name="Water Management" subtitle_number="6" subtitle_name="Underground Storage Tank Upgrade and Replacement Fund"> <text>The Board of Public Works, upon the recommendation of the Secretary, may award a loan to an owner of an underground storage tank to cover the following costs:</text> <level label="1"> <text>Tank upgrade or replacement costs necessary to meet the technical requirements of regulations adopted by the Environmental Protection Agency for underground storage tanks;</text> </level> <level label="2"> <text>Costs of site assessment after the upgrade or replacement is completed to determine eligibility for insurance, not to exceed $3,000; and</text> </level> <level label="3"> <text>Costs of any additional apparatus necessary to bring the underground storage tank system into compliance with other State and federal requirements.</text> </level> </section> <section article="gen" article_name="Environment" number="4-604" title_number="4" title_name="Water Management" subtitle_number="6" subtitle_name="Underground Storage Tank Upgrade and Replacement Fund"> <level label="a"> <text>The Department shall adopt regulations to carry out the provisions of this subtitle.</text> </level> <level label="b"> <level label="1"> <text>The regulations adopted under this subtitle shall establish application procedures and criteria for the award of a loan under this subtitle.</text> </level> <level label="2"> <text>The criteria shall provide a basis for the priority ranking of projects, and shall include:</text> <level label="i"> <text>The financial capacity and fiscal accountability of the applicant;</text> </level> <level label="ii"> <text>The location of the underground storage tank and the degree to which removal of the tank would impose a geographical hardship on the surrounding community or industries dependent on availability of the petroleum;</text> </level> <level label="iii"> <text>The extent to which the existence of the tank is required for an essential public service;</text> </level> <level label="iv"> <text>Previous efforts expended to correct any existing environmental problem and to maintain compliance with State and federal regulations;</text> </level> <level label="v"> <text>Measures to assure accountability for all funds awarded under this subtitle; and</text> </level> <level label="vi"> <text>Any other criteria that the Secretary considers appropriate.</text> </level> </level> </level> <level label="c"> <text>The regulations adopted under this subtitle shall require the recipient of a loan under this subtitle to provide the Department with documentation that the proceeds of the loan were applied in accordance with § 4-603 of this subtitle and the loan agreement.</text> </level> </section> <section article="gen" article_name="Environment" number="4-605" title_number="4" title_name="Water Management" subtitle_number="6" subtitle_name="Underground Storage Tank Upgrade and Replacement Fund"> <level label="a"> <level label="1"> <text>A loan agreement under this subtitle shall contain those conditions that the Secretary requires by regulation to achieve the purposes of this subtitle and to protect the interests of the State.</text> </level> <level label="2"> <text>A loan agreement under this subtitle shall contain provisions that authorize the Secretary to recall the loan and require that any amount of financial assistance provided under this subtitle be returned to the State under terms established by the Secretary, if the Secretary determines that:</text> <level label="i"> <text>The recipient of a loan under this subtitle fails to remain in compliance with any law or regulation governing the installation, operation, or use of underground storage tanks; or</text> </level> <level label="ii"> <text>The proceeds of a loan provided under this subtitle have been used for a purpose other than one authorized under this subtitle.</text> </level> </level> <level label="3"> <text>Any funds returned to the State under this subsection shall be credited to the Underground Storage Tank Upgrade and Replacement Fund.</text> </level> </level> <level label="b"> <text>A loan extended under this subtitle:</text> <level label="1"> <text>May not exceed $50,000 for any one upgrade;</text> </level> <level label="2"> <text>Shall bear at least the same rate of interest as the most recent State general obligation bond sale preceding the date of approval by the Board of Public Works; and</text> </level> <level label="3"> <text>Shall be repaid in full in a term not to exceed 15 years in accordance with the provisions of the loan agreement.</text> </level> </level> <level label="c"> <text>The aggregate amount of all loans awarded under this subtitle to a single applicant in any calendar year may not exceed $150,000, unless the Secretary determines that extraordinary circumstances exist.</text> </level> <level label="d"> <text>The proceeds of a loan awarded under this subtitle may be applied to the costs of developing plans and specifications, equipment, construction, and site assessment related to the upgrade and replacement of underground storage tanks.</text> </level> </section> <section article="gen" article_name="Environment" number="4-606" title_number="4" title_name="Water Management" subtitle_number="6" subtitle_name="Underground Storage Tank Upgrade and Replacement Fund"> <level label="a"> <text>To be eligible for a loan under this subtitle, an applicant shall:</text> <level label="1"> <text>Be in substantial compliance with all State and federal laws and regulations governing the installation, operation, and use of underground storage tanks; and</text> </level> <level label="2"> <text>Submit a completed loan processing form to the Department on or before June 30, 1998.</text> </level> </level> <level label="b"> <text>A loan under this subtitle may not be provided to upgrade or replace any underground storage tank that was not registered with the Department as provided in § 4-411.1 of this title on or before July 1, 1991, unless the Secretary determines that special circumstances exist.</text> </level> </section> <section article="gen" article_name="Environment" number="4-607" title_number="4" title_name="Water Management" subtitle_number="6" subtitle_name="Underground Storage Tank Upgrade and Replacement Fund"> <level label="a"> <text>No fee may be imposed after June 30, 1996 and no loan may be made under the provisions of or for the purposes of this subtitle, or in accordance with regulations adopted under this subtitle, after December 31, 1998.</text> </level> <level label="b"> <level label="1"> <text>In fiscal year 1997, the Secretary shall transfer $3 million from the Underground Storage Tank Upgrade and Replacement Fund to the Oil Contaminated Site Environmental Cleanup Fund established under Subtitle 7 of this title.</text> </level> <level label="2"> <text>Except as provided in paragraph (3) of this subsection, in fiscal year 1998, the Secretary shall transfer $3 million from the Underground Storage Tank Upgrade and Replacement Fund to the Oil Contaminated Site Environmental Cleanup Fund established under Subtitle 7 of this title.</text> </level> <level label="3"> <text>If a number of tank owners submit loan processing forms and moneys are not sufficiently available for making the unanticipated loans, the Secretary may only retain an amount of money, up to $3 million, in the Underground Storage Tank Upgrade and Replacement Fund in fiscal year 1998 to cover the liability of the unanticipated loans.</text> </level> </level> <level label="c"> <level label="1"> <text>The Secretary may only transfer moneys from the Underground Storage Tank Upgrade and Replacement Fund, first, and then from the Oil Contaminated Site Environmental Cleanup Fund to the Maryland Oil Disaster Containment, Clean-Up and Contingency Fund established under Subtitle 4 of this title.</text> </level> <level label="2"> <text>The Secretary may only transfer the money, as provided for in paragraph (1) of this subsection, if:</text> <level label="i"> <text>Money in the Maryland Oil Disaster Containment, Clean-Up and Contingency Fund, reserved for the circumstances set forth in subsection (d)(3) of this section, falls below $250,000 because of oil spill incidents, provided that the reserve balance of the Fund may not exceed $1 million after the transfer; or</text> </level> <level label="ii"> <text>There is a major oil spill and sufficient funds are not available in the Maryland Oil Disaster Containment, Clean-Up and Contingency Fund.</text> </level> </level> <level label="3"> <text>The money transferred to the Maryland Oil Disaster Containment, Clean-Up and Contingency Fund, as provided for in paragraph (2)(ii) of this subsection, may not exceed the Department’s direct costs to remediate the major oil spill.</text> </level> <level label="4"> <text>If moneys transferred under paragraph (2) of this subsection are recovered, the Department shall return the recovered moneys to the funds in the following order:</text> <level label="i"> <text>To the Maryland Oil Disaster Containment, Clean-Up and Contingency Fund as needed to maintain a reserve balance not to exceed $1 million;</text> </level> <level label="ii"> <text>To the Oil Contaminated Site Environmental Cleanup Fund, in an amount not to exceed the amount transferred to the Maryland Oil Disaster Containment, Clean-Up and Contingency Fund under paragraph (2) of this subsection; and</text> </level> <level label="iii"> <text>To the Underground Storage Tank Upgrade and Replacement Fund, any remaining recovered moneys.</text> </level> </level> </level> <level label="d"> <level label="1"> <text>On or after January 1, 1999 but no later than June 30, 1999, any funds remaining in the Underground Storage Tank Upgrade and Replacement Fund shall be credited in the following manner:</text> <level label="i"> <text>50% to the Maryland Oil Disaster Containment, Clean-Up and Contingency Fund; and</text> </level> <level label="ii"> <text>50% to the Oil Contaminated Site Environmental Cleanup Fund.</text> </level> </level> <level label="2"> <text>Any future loan repayments made on or after January 1, 1999 shall be credited to the Maryland Oil Disaster Containment, Clean-Up and Contingency Fund.</text> </level> <level label="3"> <text>The funds identified in paragraphs (1)(i) and (2) of this subsection shall only be used by the Department for cases in which a responsible party cannot be located or the responsible party does not have sufficient assets to take adequate remedial action or refuses to take remedial action for:</text> <level label="i"> <text>The clean-up and removal of an underground storage tank; or</text> </level> <level label="ii"> <text>The clean-up of a petroleum release.</text> </level> </level> </level> </section> <section article="gen" article_name="Environment" number="4-701" title_number="4" title_name="Water Management" subtitle_number="7" subtitle_name="Oil Contaminated Site Environmental Cleanup Fund"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Cleanup” means abatement, containment, removal, and disposal of oil and the restoration of the environment.</text> </level> <level label="c"> <text>“Fund” means the Oil Contaminated Site Environmental Cleanup Fund.</text> </level> <level label="d"> <text>“Oil” has the meaning provided in § 4–401(h) of this title.</text> </level> <level label="e"> <level label="1"> <text>“Site rehabilitation” means cleanup actions taken in response to a release from an underground oil storage tank.</text> </level> <level label="2"> <text>“Site rehabilitation” includes investigation, evaluation, planning, design, engineering, construction, or other services undertaken and expenses incurred to investigate or clean up affected soils, groundwater, or surface water.</text> </level> </level> <level label="f"> <text>“Third party claim” means any civil action brought or asserted by any person against any owner or operator of any underground oil storage tank for damages to person or property which damages are the direct result of oil released from tanks covered under this subtitle.</text> </level> <level label="g"> <text>“Underground oil storage tank” has the meaning provided in § 4–401(l) of this title.</text> </level> </section> <section article="gen" article_name="Environment" number="4-702" title_number="4" title_name="Water Management" subtitle_number="7" subtitle_name="Oil Contaminated Site Environmental Cleanup Fund"> <level label="a"> <text>The General Assembly finds and declares that:</text> <level label="1"> <text>The storage of oil in underground oil storage tanks is a major cause of groundwater contamination in this State;</text> </level> <level label="2"> <text>Groundwater resources are vital to the population and economy of this State; and</text> </level> <level label="3"> <text>The preservation of the State’s groundwater resources is in the public interest.</text> </level> </level> <level label="b"> <text>The General Assembly further finds that where contamination of groundwater has occurred due to leaking underground oil storage tanks, remedial measures have often been delayed for long periods due to high costs of such remedial measures. These delays result in the continuation and intensification of the threat to the public health, safety, and welfare, in greater damages to the environment, and in significantly higher costs to clean up the contamination and rehabilitate the site.</text> </level> <level label="c"> <text>The General Assembly intends this subtitle to provide adequate financial resources and incentives for the expeditious cleanup and rehabilitation of contaminated sites without delay.</text> </level> </section> <section article="gen" article_name="Environment" number="4-703" title_number="4" title_name="Water Management" subtitle_number="7" subtitle_name="Oil Contaminated Site Environmental Cleanup Fund"> <level label="a"> <text>This subtitle may not be construed as altering the rights, responsibilities, or liabilities of a party responsible for the discharge of oil.</text> </level> <level label="b"> <text>This subtitle is not intended to provide evidence of financial responsibility for owners and operators of underground oil storage tanks under Subtitle I of the Resource Conservation and Recovery Act, the Superfund Amendments and Reauthorization Act of 1986, or any other federal law.</text> </level> </section> <section article="gen" article_name="Environment" number="4-704" title_number="4" title_name="Water Management" subtitle_number="7" subtitle_name="Oil Contaminated Site Environmental Cleanup Fund"> <level label="a"> <text>There is an Oil Contaminated Site Environmental Cleanup Fund.</text> </level> <level label="b"> <text>Subject to subsection (c) of this section, the Fund shall be used to:</text> <level label="1"> <text>Reimburse an owner or operator of:</text> <level label="i"> <text>An underground oil storage tank subject to the requirements of § 4–409(b)(3) of this title for site rehabilitation costs incurred on or after October 1, 1993 resulting from contamination caused by releases from an underground oil storage tank;</text> </level> <level label="ii"> <text>An underground oil storage tank not subject to the requirements of § 4–409(b)(3) of this title for site rehabilitation costs incurred on or after October 1, 2000 resulting from contamination caused by releases from an underground oil storage tank; or</text> </level> <level label="iii"> <text>A heating oil tank for site rehabilitation costs incurred on or after October 1, 2000 resulting from contamination caused by releases from a heating oil tank including piping connected to the tank;</text> </level> </level> <level label="2"> <text>Provide funds for site rehabilitation activities carried out by the Department or under the Department’s direction and control; and</text> </level> <level label="3"> <text>To the extent provided in the State budget and in an amount not to exceed 8% of the revenues in the Fund during the fiscal year, provide funds for the Department’s administration of this subtitle.</text> </level> </level> <level label="c"> <text>Twenty–five percent of the revenues credited to the Fund shall be used for reimbursement of heating oil tank site rehabilitation costs as provided in this subtitle.</text> </level> <level label="d"> <text>The provisions of this subtitle do not apply to:</text> <level label="1"> <text>An underground storage tank that is:</text> <level label="i"> <text>Owned by a State, county, or municipal corporation; or</text> </level> <level label="ii"> <text>Owned by a local education agency.</text> </level> </level> <level label="2"> <text>An underground storage tank installed pursuant to Subtitle I of the federal Resource Conservation and Recovery Act; or</text> </level> <level label="3"> <text>Owners or operators of underground storage tanks that were not in compliance with the requirements of Subtitle I of the federal Resource Conservation and Recovery Act on December 22, 1998.</text> </level> </level> <level label="e"> <level label="1"> <text>Money in the Fund not required to meet the Department’s obligations in the exercise of the Department’s responsibility under this section:</text> <level label="i"> <text>Shall be deposited with the State Treasurer to the credit of the Fund; and</text> </level> <level label="ii"> <text>May be invested as provided by law.</text> </level> </level> <level label="2"> <text>Interest received on the investment of the excess funds shall be credited to the Fund for use for the purposes described in this subtitle.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="4-705" title_number="4" title_name="Water Management" subtitle_number="7" subtitle_name="Oil Contaminated Site Environmental Cleanup Fund"> <level label="a"> <text>The owner or operator of an underground oil storage tank eligible under § 4–704(b)(1)(ii) of this subtitle may apply to the Fund for reimbursement, until December 31, 2007, for usual, customary, and reasonable costs incurred on or after October 1, 2000 in performing site rehabilitation.</text> </level> <level label="b"> <level label="1"> <text>Until June 30, 2021, the owner of a heating oil tank eligible under § 4–704(b)(1)(iii) of this subtitle may apply to the Fund for reimbursement no later than 6 months after the completion of rehabilitation for usual, customary, and reasonable costs incurred on or after October 1, 2000 in performing site rehabilitation.</text> </level> <level label="2"> <text>Until June 30, 2024, the residential owner of a heating oil tank eligible under § 4–704(b)(1)(iii) of this subtitle may apply to the Fund for reimbursement not later than 6 months after the completion of rehabilitation for usual, customary, and reasonable costs incurred on or after October 1, 2000, in performing the site rehabilitation.</text> </level> </level> <level label="c"> <level label="1"> <text>Any reimbursement from the Fund for applications approved on or after July 1, 1996 is subject to:</text> <level label="i"> <text>For owners or operators of six tanks or fewer, a deductible of $7,500;</text> </level> <level label="ii"> <text>For owners or operators of more than 6 but not more than 15 tanks, a deductible of $10,000;</text> </level> <level label="iii"> <text>For owners or operators of more than 15 but not more than 30 tanks, a deductible of $15,000;</text> </level> <level label="iv"> <text>For owners or operators of more than 30 tanks, a deductible of $20,000; and</text> </level> <level label="v"> <text>For residential owners of heating oil tanks, a deductible of $500; and</text> </level> </level> <level label="2"> <text>The maximum amount to be reimbursed from the Fund shall be:</text> <level label="i"> <text>$125,000 for underground oil storage tanks per occurrence; and</text> </level> <level label="ii"> <text>$20,000 for heating oil tanks per occurrence.</text> </level> </level> </level> <level label="d"> <text>To be eligible for reimbursement from the Fund, an owner or operator shall:</text> <level label="1"> <text>Certify that the discharge is not the result of a willful or deliberate act;</text> </level> <level label="2"> <text>Submit a corrective action plan, schedule, and cost estimate to the Department that shall include provisions for the environmentally sound treatment or disposal of contaminated soils that meet all federal and State requirements and standards; and</text> </level> <level label="3"> <text>Except for heating oil tanks, certify that the discharge is from a tank registered under § 4–411.1 of this title.</text> </level> </level> <level label="e"> <text>If the owner or operator knowingly submits a false certification under subsection (d) of this section, that owner or operator is not eligible for reimbursement under this subtitle.</text> </level> <level label="f"> <text>Only expenses that are cost–effective, reasonable, and consistent with a corrective action plan approved by the Department may be eligible for reimbursement from the Fund.</text> </level> <level label="g"> <text>The cost for replacement or retrofitting of underground oil storage tanks or heating oil tanks and associated piping is not eligible for reimbursement, and the Department may not incur these costs or expend moneys from the Fund for these purposes.</text> </level> </section> <section article="gen" article_name="Environment" number="4-706" title_number="4" title_name="Water Management" subtitle_number="7" subtitle_name="Oil Contaminated Site Environmental Cleanup Fund"> <level label="a"> <text>If the Department has assumed control of an oil spill situation involving an underground oil storage tank or heating oil tank under this title, the Department may obtain from the Fund, for site rehabilitations that meet the same cleanup priority as those site rehabilitations reimbursed under § 4-705 of this subtitle:</text> <level label="1"> <text>Reimbursement for usual, customary, and reasonable costs incurred in performing site rehabilitation;</text> </level> <level label="2"> <text>A guarantee of payment to a qualified contractor for the usual, customary, and reasonable costs of performing site rehabilitation; or</text> </level> <level label="3"> <text>Matching funds required under § 9003(h) of the Federal Solid Waste Disposal Act for the Federal Leaking Underground Storage Tank Program.</text> </level> </level> <level label="b"> <text>The per occurrence deductible or limitation provided under § 4-705(c) of this subtitle does not apply to the reimbursement or guarantee to a contractor under this section.</text> </level> <level label="c"> <text>In order to encourage that site rehabilitation activities be undertaken by an owner, operator, or other person responsible for a discharge from an underground oil storage tank or heating oil tank, any site rehabilitation costs including attorney’s fees and litigation costs incurred by the Department or the Fund under this section shall be recoverable from the responsible party to the Fund.</text> </level> <level label="d"> <text>Recoveries collected under subsection (c) of this section shall be paid into the Fund.</text> </level> </section> <section article="gen" article_name="Environment" number="4-707" title_number="4" title_name="Water Management" subtitle_number="7" subtitle_name="Oil Contaminated Site Environmental Cleanup Fund"> <level label="a"> <text>A payment may not be made from the Fund for a third party claim.</text> </level> <level label="b"> <text>A payment may not be made as reimbursement for costs incurred or under a guarantee to a contractor unless the balance in the Fund is sufficient to cover the payment requested and any other imminent obligations or expenses of the Fund.</text> </level> <level label="c"> <text>Requests for payment from the Fund that are denied under subsection (b) of this section shall be paid only as additional funds become available and may not be paid from any other fund of the State.</text> </level> </section> <section article="gen" article_name="Environment" number="4-708" title_number="4" title_name="Water Management" subtitle_number="7" subtitle_name="Oil Contaminated Site Environmental Cleanup Fund"> <text>The Department shall adopt regulations to implement the requirements of this subtitle no later than September 30, 1993 in order to begin making disbursements from the Fund no later than January 1, 1994.</text> </section> <section article="gen" article_name="Environment" number="4-801" title_number="4" title_name="Water Management" subtitle_number="8" subtitle_name="Report on Environmental Violations"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Compliance assistance” means an action taken by a jurisdiction with delegated authority under Subtitle 1 of this title that:</text> <level label="1"> <text>Corrects a violation before a formal enforcement action is necessary; or</text> </level> <level label="2"> <text>Was voluntarily taken to prevent future violations.</text> </level> </level> <level label="c"> <text>“Critical Area” has the meaning stated in § 8–1802 of the Natural Resources Article.</text> </level> <level label="d"> <level label="1"> <text>“Sensitive area” means an area of critical concern.</text> </level> <level label="2"> <text>“Sensitive area” includes:</text> <level label="i"> <text>Buffers, as defined in COMAR 27.01.01.01;</text> </level> <level label="ii"> <text>Habitat protection areas, as defined in COMAR 27.01.01.01;</text> </level> <level label="iii"> <text>Modified buffer areas, as defined in COMAR 27.01.01.01;</text> </level> <level label="iv"> <text>Nontidal wetlands, as defined in COMAR 26.23.01.01;</text> </level> <level label="v"> <text>Tidal wetlands, as defined in COMAR 26.24.01.02;</text> </level> <level label="vi"> <text>100–year floodplains, as defined in COMAR 08.19.03.01; and</text> </level> <level label="vii"> <text>Stream buffers, as defined in COMAR 08.19.03.01.</text> </level> </level> </level> </section> <section article="gen" article_name="Environment" number="4-802" title_number="4" title_name="Water Management" subtitle_number="8" subtitle_name="Report on Environmental Violations"> <level label="a"> <level label="1"> <text>On or before January 1 each year, each jurisdiction that has delegated authority under Subtitle 1 of this title to enforce sediment and erosion control laws and regulations shall report to the Department on:</text> <level label="i"> <text>The total number of cases alleging violations of:</text> <level label="1"> <text>Sediment and erosion control laws and regulations; and</text> </level> <level label="2"> <text>Building and grading permits; and</text> </level> </level> <level label="ii"> <text>The total number of cases alleging violations in the Critical Area of:</text> <level label="1"> <text>Sediment and erosion control laws and regulations; and</text> </level> <level label="2"> <text>Building and grading permits.</text> </level> </level> </level> <level label="2"> <text>The information reported to the Department under paragraph (1) of this subsection shall include:</text> <level label="i"> <text>The number and nature of:</text> <level label="1"> <text>Formal complaints issued by the jurisdiction and whether the complaint is in the Critical Area;</text> </level> <level label="2"> <text>Stop work orders issued by the jurisdiction; and</text> </level> <level label="3"> <text>Alleged violations reported by citizens to the jurisdiction;</text> </level> </level> <level label="ii"> <text>The number of court proceedings involving an alleged violation, including the final disposition of each court proceeding;</text> </level> <level label="iii"> <text>The dollar amount of fines levied and collected by the jurisdiction as a result of a violation;</text> </level> <level label="iv"> <text>The dollar amount of civil and criminal penalties imposed and collected as a result of a violation;</text> </level> <level label="v"> <level label="1"> <text>Whether the jurisdiction provided compliance assistance to correct a violation and the nature of that assistance; and</text> </level> <level label="2"> <text>Whether the compliance assistance provided by the jurisdiction led to compliance; and</text> </level> </level> <level label="vi"> <text>The number of inspectors and other staff of the jurisdiction assigned to inspection and enforcement of:</text> <level label="1"> <text>Title 8, Subtitle 18 of the Natural Resources Article;</text> </level> <level label="2"> <text>Sensitive areas ordinances;</text> </level> <level label="3"> <text>100–year floodplain ordinances;</text> </level> <level label="4"> <text>Sediment and erosion control laws and regulations; and</text> </level> <level label="5"> <text>Building and grading permits.</text> </level> </level> </level> </level> <level label="b"> <text>On request of a jurisdiction that has delegated authority under Subtitle 1 of this title to enforce sediment and erosion control laws and regulations, the Department shall provide technical assistance to the jurisdiction to meet the reporting requirements under subsection (a) of this section.</text> </level> <level label="c"> <text>The Department shall post the information collected under subsection (a) of this section on its website.</text> </level> <level label="d"> <text>On or before March 1 each year, the Department shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on:</text> <level label="1"> <text>The information collected under subsection (a) of this section; and</text> </level> <level label="2"> <text>Any other information provided to the Department by a jurisdiction that has been delegated authority under Subtitle 1 of this title to enforce sediment and erosion control laws and regulations.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="4-901" title_number="4" title_name="Water Management" subtitle_number="9" subtitle_name="Miscellaneous"> <level label="a"> <text>The Department shall submit to the U.S. Environmental Protection Agency a Chesapeake Bay Total Maximum Daily Load Phase III Watershed Implementation Plan climate load allocation addendum and updated 2–year milestones that fully offset additional nitrogen, phosphorus, and sediment loads attributable to the impacts of climate change as determined and allocated by the Chesapeake Bay Program.</text> </level> <level label="b"> <text>The Department shall fully implement the addendum and updated milestones under subsection (a) of this section on or before December 31, 2025.</text> </level> </section>