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.

In this subtitle the following words have the meanings indicated. “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. “Environmental site design” includes: Optimizing conservation of natural features, such as drainage patterns, soils, and vegetation; Minimizing use of impervious surfaces; Slowing down runoff to maintain discharge timing and to increase infiltration and evapotranspiration; and Using other nonstructural practices or innovative stormwater management technologies approved by the Department. “Impervious surface” means a surface that does not allow stormwater to infiltrate into the ground. “Impervious surface” includes rooftops, driveways, sidewalks, or pavement. “Precipitation data” means historical data that describes the relationship between precipitation intensity, duration, and return period.

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.

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. 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. Except as provided in subsection (j) of this section, this section does not apply in Montgomery County. A county or municipality shall adopt and implement local laws or ordinances necessary to establish a watershed protection and restoration program. A watershed protection and restoration program established under this section: May include a stormwater remediation fee; and Shall include a local watershed protection and restoration fund. 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: The county or municipality identifies dedicated revenues, funds, or other sources of funds that will be: Deposited into its local watershed protection and restoration fund; and 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; 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 The Department determines the financial assurance plan demonstrates good faith toward achieving sufficient funding in accordance with subsection (j)(4)(ii) of this section. This paragraph may not be construed as prohibiting a county or municipality from repealing or reducing a fee on or after July 1, 2016. A county or municipality shall maintain or administer a local watershed protection and restoration fund in accordance with this section. 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. 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. 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: Assume responsibility for the municipality’s stormwater remediation obligations; 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 Negotiate a memorandum of understanding with the municipality to mutually agree upon any other action. 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. 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: 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; 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 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. 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. 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: 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 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. 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. A county or municipality may set a stormwater remediation fee under this paragraph based on: A flat rate; An amount that is graduated, based on the amount of impervious surface on each property; or Another method of calculation selected by the county or municipality. 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. 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. The policies and procedures established by a county or municipality under paragraph (1) of this subsection shall include: Guidelines for determining which on–site systems, facilities, services, or activities may be the basis for a fee reduction, including guidelines: Relating to properties with existing advanced stormwater best management practices; Relating to agricultural activities or facilities that are otherwise exempted from stormwater management requirements by the county or municipality; and 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; The method for calculating the amount of a fee reduction; and 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. 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: Conduct on–site inspections; Authorize a third party, certified by the Department, to conduct on–site inspections on behalf of the county or municipality; or 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. A property may not be assessed a stormwater remediation fee by both a county and a municipality. Before a county may impose a stormwater remediation fee on a property located within a municipality, the county shall: Notify the municipality of the county’s intent to impose a stormwater remediation fee on property located within the municipality; and 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. 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: Notify the county of the municipality’s intent to impose its own stormwater remediation fee; and 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. A county or municipality shall establish a procedure for a property owner to appeal a stormwater remediation fee imposed under this section. 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. 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.”. A county or municipality shall deposit any stormwater remediation fees it collects into its local watershed protection and restoration fund. There shall be deposited in a local watershed protection and restoration fund: Any funds received from the stormwater remediation fee; Funds received under subsections (c)(2) and (e)(2) of this section; Interest or other income earned on the investment of money in the local watershed protection and restoration fund; and Any additional money made available from any sources for the purposes for which the local watershed protection and restoration fund has been established. 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: Capital improvements for stormwater management, including stream and wetland restoration projects; Operation and maintenance of stormwater management systems and facilities; Public education and outreach relating to stormwater management or stream and wetland restoration; Stormwater management planning, including: Mapping and assessment of impervious surfaces; and Monitoring, inspection, and enforcement activities to carry out the purposes of the watershed protection and restoration fund; 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; Grants to nonprofit organizations for up to 100% of a project’s costs for watershed restoration and rehabilitation projects relating to: Planning, design, and construction of stormwater management practices; Stream and wetland restoration; and Public education and outreach related to stormwater management or stream and wetland restoration; and Reasonable costs necessary to administer the local watershed protection and restoration fund. 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. Money in a local watershed protection and restoration fund may not revert or be transferred to the general fund of any county or municipality. A county or municipality shall report annually, in a manner determined by the Department, on: The number of properties subject to a stormwater remediation fee, if any; 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; The amount of money deposited into the watershed protection and restoration fund in the previous fiscal year by source; 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; All stormwater management projects implemented in the previous fiscal year; and Any other information that the Department determines is necessary. 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: 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; 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; 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; 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 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. 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. 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. A county or municipality may not file a financial assurance plan under this subsection until the local governing body of the county or municipality: Holds a public hearing on the financial assurance plan; and Approves the financial assurance plan. 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. 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. 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. 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. 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: 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 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. 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. 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. 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. 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. 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. 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. 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. 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. The Department may adopt regulations to implement and enforce this section.

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. The Department shall adopt rules and regulations which establish criteria and procedures for stormwater management in Maryland. The rules and regulations shall: 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; Make allowance for the difference in hydrologic characteristics and stormwater management needs of different parts of the State; Specify that watershed–wide analyses may be necessary to prevent undesirable downstream effects of increased stormwater runoff; Specify the exemptions a county or municipality may grant from the requirements of submitting a stormwater management plan; 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 Establish regulations and a model ordinance that require: The implementation of environmental site design to the maximum extent practicable; The review and modification, if necessary, of planning and zoning or public works ordinances to remove impediments to environmental site design implementation; and 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; Indicate that water quality practices may be required for any redevelopment, even when predevelopment runoff characteristics are maintained; Specify the minimum requirements for inspection and maintenance of stormwater practices; Specify that all stormwater management plans shall be designed to: Prevent soil erosion from any development project; Prevent, to the maximum extent practicable, an increase in nonpoint pollution; Maintain the integrity of stream channels for their biological function, as well as for drainage; Minimize pollutants in stormwater runoff from new development and redevelopment in order to: Restore, enhance, and maintain the chemical, physical, and biological integrity of the waters of the State; Protect public health; Safeguard fish and aquatic life and scenic and ecological values; and Enhance the domestic, municipal, recreational, industrial, and other uses of water as specified by the Department; Protect public safety through the proper design and operation of stormwater management facilities; Maintain 100% of average annual predevelopment groundwater recharge volume for the site; Capture and treat stormwater runoff to remove pollutants and enhance water quality; Implement a channel protection strategy to reduce downstream erosion in receiving streams; and Implement quantity control strategies to prevent increases in the frequency and magnitude of out–of–bank flooding from large, less frequent storm events; Establish a comprehensive process for approving grading and sediment control plans and stormwater management plans; and Specify that the comprehensive process established under item (i) of this item takes into account the cumulative impacts of both plans; Incorporate the most recent precipitation data available; and In consultation with the Department of Agriculture, define “agritourism”; and Consider best management practices for stormwater management for agritourism, including: The creation of a standard plan for temporary parking areas; and The use of pasture, meadows, and cropland for the treatment of stormwater runoff. The Department shall review and update the regulations adopted under this section at least once every 5 years. In reviewing and updating the regulations adopted under this section, the Department shall: At a minimum, revise water quality and water quantity control standards using the most recent precipitation data available; and As necessary, update and revise the regulations to meet the requirements of this subtitle. 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: The most recent precipitation data available; The Department’s plans for immediately updating water quantity control standards for watersheds where flooding events occurred on or after January 1, 2000; and The Department’s plans for updating all other regulations adopted under this section. 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. At least 6 months before the proposal of regulations under this section, the Department shall: Post the regulatory process that the Department follows on the Department’s website; and Consult with the following groups and stakeholders on the impact of the proposed regulations: The Commission on Environmental Justice and Sustainable Communities; and Stakeholders with expertise on stormwater design standards and climate science, including stakeholders from: An academic institution; The Chesapeake Bay Program; The Chesapeake Bay Commission; The Maryland Emergency Management Agency; The Maryland Association of Soil Conservation Districts; Local government; A private sector entity with design and construction experience; and An association that has expertise in stormwater restoration projects. 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. The Department may not delay the implementation of any new requirements or standards established under regulations adopted under this section. 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.

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. The developer shall certify that all land clearing, construction, development, and drainage will be done according to the plan. Each county or municipality may provide by ordinance for the review and approval of stormwater management plans by the local soil conservation district. 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: Reviewing stormwater management plans; Inspection and enforcement activities; Watershed planning; Planning, design, land acquisition, and construction of stormwater management systems and structures; Retrofitting developed areas for pollution control; Water quality monitoring and water quality programs; Operation and maintenance of facilities; and Program development of these activities. The charges shall take effect upon enactment by the local governing body. 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. The charges shall be assessed in a manner consistent with § 4–202.1(e)(3) and (f) of this subtitle. This subsection applies to a system of charges established by Montgomery County under subsection (d) of this section. 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. 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: 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; 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 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. 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. 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. 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: 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 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.

The provisions of § 4–204 of this subtitle do not apply to the construction activities of State or federal agencies. 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. 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. 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.

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. These periodic reviews shall be conducted under rules and regulations adopted by the Department. 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. 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.

The provisions of this subtitle do not add to the jurisdiction of the Department of Natural Resources.

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: This subtitle; Any rule or regulation adopted under this subtitle; or Any stormwater management 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.

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. 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. 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 § 4-209(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. 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. 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: 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 § 4-208 or § 4-209 of this subtitle, the Department shall: Notify the county or municipality of the violation and the Department’s intended action; and Conduct a joint inspection with a representative of the 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 conducting 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 decisions in the Administrative Procedure Act.

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. 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 or any regulation or stormwater management plan adopted or approved under this subtitle. 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. 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. For purposes of a civil action brought under subsection (c) of this section, each day during which a violation continues constitutes a separate offense. 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. 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 this State and collectible in any manner provided at law for the collection of penalties. 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.