In this subtitle, “high–PAH sealant product” means a sealant product containing more than 1.0% polycyclic aromatic hydrocarbons by weight.

Except as provided in this section, this subtitle does not limit the power of a county, municipality, or unit of local government to adopt ordinances, rules, or regulations related to sealant products. A county, municipality, or unit of local government may not adopt any ordinance, rule, or regulation related to sealant products that are less stringent than the requirements of this subtitle. This subtitle does not affect the authority of a county, municipality, or unit of local government to enact and enforce standards or requirements related to sealant products that are more stringent than the requirements of this subtitle. This subtitle does not apply to: Airports; Federal facilities; or Military facilities.

On or after October 1, 2023, a person may not: Supply, sell, or offer for sale a high–PAH sealant product for application to a driveway or parking area in the State; or Apply or solicit the application of a high–PAH sealant product to a driveway or parking area in the State.

The Department may adopt regulations to implement this subtitle.

Except as provided in subsection (c) of this section, the provisions of §§ 9–334 through 9–344 of this title apply to enforce violations of: This subtitle; Any regulation adopted under this subtitle; or Any order issued under this subtitle. Any penalty collected by the Department under this section shall be paid into the Maryland Clean Water Fund established under § 9–320 of this title. A person who violates this subtitle is subject to: A civil penalty up to $2,500 for each violation; and An administrative penalty up to $2,500 for each violation, but not exceeding $100,000 total. Each day a violation occurs is a separate violation under this section.