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. 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.

In this title the following words have the meanings indicated. “Large redevelopment site” means any real property: Consisting of one or more contiguous parcels that are collectively more than 500 acres; That is being used, or was formerly used, for industrial purposes and manufacturing; and For which the Department has received: One or more applications for participation in the Voluntary Cleanup Program under Title 7, Subtitle 5 of this article; or 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. “Person” includes the federal government, the State, any county, municipal corporation, or other political subdivision of the State, or any of their units. “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: Public health, safety, or welfare; Domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses; Livestock, wild animals, or birds; or Fish or other aquatic life. “Waters of this State” includes: 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 The flood plain of free–flowing waters determined by the Department of Natural Resources on the basis of the 100–year flood frequency.

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.

A county or municipality may issue grading and building permits as provided by law. A grading or building permit may not be issued until the developer: Submits a grading and sediment control plan approved by: The appropriate soil conservation district; A municipal corporation in Montgomery County that is designated under paragraph (4) of this subsection; or 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 Certifies that all land clearing, construction, and development will be done under the plan. 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. 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. A soil conservation district may delegate approval authority of a grading and sediment control plan to a municipal corporation in Montgomery County that: 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; Issues sediment control permits; and Meets the necessary performance standards established by written agreement between the district and the municipal corporation. 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. 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. 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. 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. 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. The Secretary may delegate a specific portion of the enforcement authority under this subtitle to a county or municipality. 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. A delegation pursuant to this paragraph shall be effective for not more than 2 years, unless renewed by the Secretary. 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. 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. On or before January 1 of the year during which delegation is sought by a county or municipality, the Secretary shall: Grant the request; Deny the request; or Delegate a specific portion of the enforcement authority under this subtitle. 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. 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. 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. The fees shall be based on the reasonably anticipated cost of inspections to be performed under the contractual agreement. The district shall not assess and collect fees in a jurisdiction which has been delegated enforcement authority by the Secretary.

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. 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. A certificate shall be: Valid for a 3–year period; and Automatically renewed unless the Department notifies the certificate holder that additional training is required. 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. 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. The Department may establish by regulation a fee for processing and issuing the certification. 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. 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.

In this section, “construction” means land clearing, grubbing, topsoil stripping, soil movement, grading, cutting and filling, transporting, or otherwise disturbing land for any purpose. “Construction” includes land disturbing activities for the purpose of: Constructing buildings; Mining minerals; Developing golf courses; and Constructing roads and installing utilities. 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. Except as provided in subsection (b) of this section, the approval authority is: The appropriate soil conservation district; A municipal corporation in Montgomery County that is designated by a soil conservation district under paragraph (6) of this subsection; Any municipality not within a soil conservation district; If a State or federal unit undertakes any construction, the Department or the Department’s designee; For abandoned mine reclamation projects conducted by the Department pursuant to Title 15, Subtitles 5, 6, and 11 of this article, the Department; or For large redevelopment sites, the Department. Criteria used by the Department or the Department’s designee for review and approvals under subparagraph (ii)4 of this paragraph: Shall meet or exceed current Maryland standards and specifications for soil erosion and sediment control; or If alternative standards are applied, shall be reviewed and approved by the Department. A person may not begin or perform any construction unless the person: Obtains an approved sediment control plan; Implements the measures contained in the approved sediment control plan; Conducts the construction as specified in the sequence of construction contained in the approved sediment control plan; Maintains the provisions of the approved sediment control plan; and Implements any sediment control measures reasonably necessary to control sediment runoff. 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. 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. A soil conservation district may delegate approval authority under paragraph (2) of this subsection to a municipal corporation in Montgomery County that: 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; Issues sediment control permits; and Meets the necessary performance standards established by written agreement between the district and the municipal corporation. On or before December 1, 2025, and every 5 years thereafter, the Department shall review and update the specifications for sediment control plans. In reviewing and updating the specifications for sediment control plans under this paragraph, the Department shall: Revise water quantity control standards using the most recent precipitation data available; As necessary, ensure that any updates and revisions are designed to protect the waters of the State from pollution; Ensure that any updates and revisions are not applied retroactively to projects with approved sediment control plans, if: The sediment control plan has not yet expired; Construction contracts have been awarded, if applicable; and Construction activities have commenced; and Consult with erosion and sediment control experts from the following groups and stakeholders regarding proposed updates to sediment control regulations: An academic institution; A watershed protection organization; The Maryland Association of Counties; The Maryland Municipal League; A private sector organization with design and construction experience; and The Maryland Association of Soil Conservation Districts. 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. 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. 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.

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.

The Department of the Environment shall assist soil conservation districts in preparing and implementing a unified sediment control program under this subtitle.

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.

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: This subtitle; Any rule or regulation adopted under this subtitle; or Any sediment control plan approved under this subtitle. After or concurrently with service of a complaint under this subtitle, the Department may: Issue an order that requires the person to whom the order is directed to take corrective action within a time set in the order; Send a written notice that requires the person to whom the notice is directed to file a written report about the alleged violation; or Send a written notice that requires the person to whom the notice is directed: To appear at a hearing before the Department at a time and place the Department sets to answer the charges in the complaint; or 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. Any order issued under this section is effective immediately, according to its terms, when it is served.

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: Without any such approval; or 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. 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. 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. 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.

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. 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. 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: The time set for the hearing, if any; or The time set for the filing of the report, if any.

The Department shall give notice and hold any hearing under this subtitle in accordance with the Administrative Procedure Act. 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. 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: Hold the hearing no later than 10 working days after receiving the request; and Render a decision within 10 working days after the hearing. The Department may make a verbatim record of the proceedings of any hearing held under this subtitle. In connection with any hearing under this subtitle, the Department may: Subpoena any person or evidence; and Order a witness to give evidence. A subpoenaed witness shall receive the same fees and mileage reimbursement as if the hearing were part of a civil action. 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: Compel obedience to the Department’s order or subpoena; or Compel testimony or the production of evidence. The court may punish as a contempt any failure to obey its order issued under this section.

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. 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. 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: The conclusion of the hearing, if any; and The review of the report, if any. 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. 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. The Department shall: Take action to secure compliance with any final corrective order; and 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. 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.

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: Notify the delegated county or municipality of the violation and the Department’s intended action; and Provide reasonable opportunity for a joint inspection with a representative of the delegated county or municipality. 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.

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. The appeal shall be made as provided for judicial review of decisions in the Administrative Procedure Act.

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. The court may order the person to restore the area unlawfully disturbed. Each day upon which the violation occurs constitutes a separate offense. 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. 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. The action may seek the imposition of a civil penalty up to $10,000 for each violation. In imposing a penalty under this paragraph, the court may consider the cost of restoring the area unlawfully disturbed. 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: Correcting to the extent possible the failure to implement or maintain erosion and sediment controls; and Administration of the sediment control program. 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. 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. 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. The penalty imposed on a person under this subsection shall be: Up to $1,000 for each violation, but not exceeding $20,000 total for any action; and Assessed with consideration given to: 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; 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; The cost of cleanup and the cost of restoration of natural resources; The nature and degree of injury to or interference with general welfare, health, and property; 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; The available technology and economic reasonableness of controlling, reducing, or eliminating the violation; The degree of hazard posed by the particular pollutant or pollutants involved; 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 Whether or not penalties were assessed or will be assessed under other provisions of this subtitle. Each day a violation occurs is a separate violation under this subsection. Any penalty imposed under this subsection is payable to the State and collectible in any manner provided at law for the collection of penalties. 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.