In this subtitle the following words have the meanings indicated. “Automobile graveyard” has the meaning stated in § 8-801 of the Transportation Article. “Automotive dismantler and recycler facility” has the meaning stated in § 8-801 of the Transportation Article. “Junkyard” has the meaning stated in § 8-801 of the Transportation Article. “Scrap metal processing facility” has the meaning stated in § 8-801 of the Transportation Article.

A person who owns, maintains, or causes to be maintained a junkyard, automotive dismantler and recycler facility, scrap metal processing facility, or automobile graveyard that lawfully existed on January 1, 1972 and that adjoins a river, stream, or other body of water shall: Store and maintain trash, junk, automobiles, or automobile parts to prevent the dumping, depositing, or transporting of this matter into the waters of the State; Inform the Department and the Administration of provisions planned or made to prevent the dumping, depositing, or transporting of this matter into the waters of the State; and Comply with the standards and specifications of the Administration relating to: The erection of retaining walls; or The use of devices or procedures to restrain the dumping, depositing, or transporting of this matter into the waters of the State. A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both.

If the owner or operator of a junkyard, automotive dismantler and recycler facility, scrap metal processing facility, or automobile graveyard that produces, collects, retains, dumps, or deposits trash, junk, or other refuse has not erected retaining walls or other restraining devices or procedures approved by the Administration, the presence of trash, junk, automobiles, or automobile parts in waters of the State, or on embankments or other sites where it may readily fall into or be transported into the waters of the State, is prima facie evidence of a violation of § 5-10A-02 of this subtitle.