In this section, “enforcement official” means an employee of the Commission authorized by the Commission to issue a citation for a Commission infraction under this section. This section applies to the violations of the following: regulations governing sewer cleaning adopted under § 24–201 of this article; regulations governing plumbing adopted under § 17–403, Title 24, Subtitle 1, § 26–102, or § 26–204 of this article; regulations governing erosion and sediment control for utility construction adopted under § 17–403 of this article and § 4–105 of the Environment Article; regulations governing gas fitting adopted under § 17–404 of this article; regulations governing required permits for public utility construction adopted under §§ 27–101, 27–107, and 27–108 of this article; regulations governing the Commission Pretreatment Program adopted under § 17–403 of this article and § 9–332 of the Environment Article; or any other regulation adopted in accordance with § 17–406 of this article. A person who violates any provision of a regulation listed in subsection (b) of this section has committed a Commission infraction and on delivery of a citation by the Commission under subsection (d)(1) of this section shall pay to the Commission a civil fine in the amount of: for a first violation of the regulation, $250; for a second violation of the regulation, $500; for a third violation of the regulation, $750; and for a fourth or subsequent violation, $1,000. Each day that a violation of the regulation remains uncorrected is a separate Commission infraction subject to an additional citation and fine in the amount of $250. The payment due date for the fine may not be less than 10 or more than 20 calendar days after the date of delivery of the citation. The recipient of the citation may pay the fine before the payment due date specified in the citation. After verifying a Commission infraction the enforcement official shall deliver the citation to any person charged with committing the Commission infraction in accordance with the enforcement procedures of the regulations. The citation shall be on a form adopted by the Commission and shall include: the date of delivery of the citation; the name and address of the person charged; the specific provision of the regulations that has been violated; the nature of the Commission infraction; the location and time that the Commission infraction occurred; the amount of the civil fine assessed for the Commission infraction; the manner, location, and time in which the fine may be paid to the Commission; a statement that each day that a violation continues is a separate Commission infraction subject to additional citation; the name, business address, title, and telephone number of the enforcement official who issued the citation; and notice of the person’s right to a trial for the Commission infraction and instructions and time limits for that election. A person who receives a citation for a Commission infraction under this section may elect to stand trial by filing with the Commission a notice of the person’s intent to stand trial. The notice of intent to stand trial shall be given at least 5 days before the payment due date specified in the citation. On receipt of the notice of intent to stand trial, the Commission shall forward to the District Court having venue a copy of the citation and a copy of the notice of intent to stand trial that was filed by the person who received the citation. On receipt of the citation and the notice of intent to stand trial, the District Court shall schedule the case for trial and notify the defendant and Commission of the trial date. The District Court shall remit to the Commission all fines, penalties, or forfeitures the Court collects for Commission infractions. If a person who receives a citation for a Commission infraction fails to pay the fine by the payment due date specified in the citation and fails to file a notice of the person’s intent to stand trial for the offense: the person is liable for the assessed fine; and the Commission shall send a notice of the Commission infraction to the person’s last known address. If the fine is not paid within 35 days after the date of the notice, the Commission may request adjudication of the case through the District Court, which may include the filing of a demand for judgment on affidavit. On receipt of the request for adjudication, the District Court shall schedule the case for trial and summon the defendant to appear. If the defendant fails to respond to the summons and the Commission has made a proper demand for judgment on affidavit, the District Court shall enter judgment against the defendant in favor of the Commission in the amount then due. For the purpose of this section, a Commission infraction is a civil offense. The adjudication of a Commission infraction: is not a criminal conviction; and does not impose any of the civil disabilities ordinarily imposed by a criminal conviction. In a proceeding for a Commission infraction before the District Court, the violation shall be prosecuted in the same manner and to the same extent provided for municipal infractions under §§ 6–108 through 6–110, 6–112, and 6–114 of the Local Government Article.

In this section the following words have the meanings indicated. “Provide fuel gas services” means to install, maintain, alter, repair, remove, or replace propane or natural gas piping, gas utilization equipment, gas–fired equipment, appliances, or appurtenances in connection with a propane or natural gas supply system downstream of the point of delivery of the gas. “Provide fuel gas services” does not include the installation, maintenance, alteration, repair, removal, or replacement of any of the following with respect to a plumbing water supply and drainage system: fixtures that require additional energy sources, including clothes washers, dishwashers, food grinders, humidifiers, ice pumps, sterilizers, water coolers, and water heaters; or operational devices, including aerators, backflow preventers, expansion tanks, filters, flow controls, heat exchangers, interceptors, meters, separators, and relief valves. “Provide plumbing services” means to install, maintain, extend, alter, or remove piping, a plumbing fixture, a plumbing appliance, a plumbing appurtenance, or other plumbing apparatus: within or adjacent to a building, structure, or property; and in connection with: a public or private disposal system, sanitary drainage facility, or storm drainage facility; a venting system; or a public or private water supply system. Except for the first connection to a potable water supply that is downstream of a backflow preventer and the final connection that discharges indirectly into a public or private disposal system, sanitary drainage facility, or storm drainage facility, “provide plumbing services” does not include using piping, equipment, or material only for: environmental control; the incorporation of a liquid or a gas into a product or a process, including product development, in the manufacturing or storage of a product; the installation, alteration, repair, or removal of an automatic sprinkler system, related apparatus, or standpipe that is used only for fire protection; or an overhead or underground fire line beginning from where water is used only for fire protection. A person may not provide, attempt to provide, or offer to provide plumbing services in any area of Montgomery County or Prince George’s County under the regulatory jurisdiction of the Commission without a license from the Commission. A person may not assist, attempt to assist, or offer to assist in providing fuel gas services in any area of Montgomery County or Prince George’s County under the regulatory jurisdiction of the Commission without a license from the Commission. Subject to the provisions of § 10–226(c) of the State Government Article and paragraph (2) of this subsection, the Commission’s Plumbing and Fuel Gas Board may deny a license to any applicant, reprimand a licensee, or suspend or revoke a license if the applicant or licensee: fraudulently or deceptively obtains or attempts to obtain a license or permit for the applicant or licensee or for another; fraudulently or deceptively uses a license; is guilty of gross negligence, incompetence, or misconduct while providing plumbing or fuel gas services or assisting in providing plumbing or fuel gas services; is guilty of violating the Commission’s plumbing and fuel gas regulations adopted under Title 17, Subtitle 4 of this article while providing plumbing or fuel gas services or assisting in providing plumbing or fuel gas services; or is guilty of an unfair, abusive, or deceptive trade practice, as defined in § 13–301 of the Commercial Law Article. In lieu of or in addition to reprimanding a licensee or suspending or revoking a license under paragraph (1) of this subsection, and in addition to the provisions of § 29–101 of this title, the Commission’s Plumbing and Fuel Gas Board may impose a penalty not exceeding $5,000 for each violation. To determine the amount of the penalty imposed under subparagraph (i) of this paragraph, the Board shall consider: the seriousness of the violation; the harm caused by the violation; the good faith of the licensee; and any history of previous violations by the licensee.

Except as provided in paragraph (2) of this subsection, a person who violates a watershed regulation adopted under § 17–403 of this article has committed a Commission infraction. A Commission infraction does not include a violation of a watershed regulation declared by law to be a criminal offense. The Commission may: establish a schedule of preset fines for each conviction of a Commission infraction under this section; impose a preset fine not to exceed $150 for each conviction of a Commission infraction under this section; and impose a preset fine not to exceed $300 for a repeat offense. The recipient of a citation for a Commission infraction shall pay the fine to the Commission within 20 calendar days after the receipt of the citation. A Commission police officer may issue a citation to any person charged with committing a Commission infraction. The Commission shall: retain a copy of the citation; and include on the citation a certification attesting to the truth of the matter specified in the citation. The citation also shall contain: the name and address of the person charged; the nature of the Commission infraction; the location and time that the Commission infraction occurred; the amount of the civil fine assessed for the Commission infraction; the manner, location, and time in which the fine may be paid to the Commission; and notice of the person’s right to a trial for the Commission infraction. A person who receives a citation for a Commission infraction under this section may elect to stand trial by filing with the Commission a notice of the person’s intent to stand trial. The notice of intent to stand trial shall be given at least 5 days before the payment due date specified in the citation. On receipt of the notice of intent to stand trial, the Commission shall forward to the District Court having venue a copy of the citation and a copy of the notice of intent to stand trial that was filed by the person who received the citation. On receipt of the citation and the notice of intent to stand trial, the District Court shall schedule the case for trial and notify the defendant of the trial date. The District Court shall remit to the Commission all fines, penalties, or forfeitures the Court collects for Commission infractions. If a person who receives a citation for a Commission infraction fails to pay the fine by the payment due date specified in the citation and fails to file a notice of the person’s intent to stand trial for the offense, the Commission shall send a notice of the Commission infraction to the person’s last known address. A person who fails to pay the fine within 15 days after the date of the notice is liable for an additional fine not to exceed twice the original fine. If the fine is not paid within 35 days after the date of the notice, the Commission may request adjudication of the case through the District Court, which may include the filing of a demand for judgment on affidavit. On receipt of the request for adjudication, the District Court promptly shall schedule the case for trial and summon the defendant to appear. If the defendant fails to respond to the summons and the Commission has made a proper demand for judgment on affidavit, the District Court shall enter judgment against the defendant in favor of the Commission in the amount then due. A person found by the District Court to have committed a Commission infraction shall pay a fine not to exceed: $150 for a first offense; or $300 for a repeat offense. For the purpose of this section, a Commission infraction is a civil offense. The adjudication of a Commission infraction: is not a criminal conviction; and does not impose any of the civil disabilities ordinarily imposed by a criminal conviction. In a proceeding for a Commission infraction before the District Court, the violation shall be prosecuted in the same manner and to the same extent provided for municipal infractions under §§ 6–108 through 6–110, 6–112, and 6–114 of the Local Government Article.

In this section, “Commission Pretreatment Program” means any program adopted under the authority of § 9–332 of the Environment Article and § 17–403 of this article to: meet national and local pretreatment requirements; and eliminate the contribution of each pollutant discharged from an industrial user into a publicly owned treatment works that: causes pass through or interference with the publicly owned treatment works; or contaminates sewage sludge. The Commission may issue a written complaint if the Commission has reasonable grounds to believe that a person has violated a provision of the Commission Pretreatment Program. A complaint issued under this subsection shall: specify the provision of the Commission Pretreatment Program that allegedly has been violated; and state the alleged facts that constitute the violation. After or concurrently with service of a complaint under this section, the Commission may issue an administrative order that requires the person to whom the order is directed to: take corrective action within a time set in the order; file with the Commission a written report about the alleged violation; appear at a hearing before the Commission at a time and place the Commission sets to answer the charges in the order; or file a written report and appear at a hearing before the Commission at a time and place the Commission sets to answer the charges in the order. Any order issued under this subsection is effective immediately when it is served. A complaint or order issued by the Commission under this section shall be served on the person to whom the complaint or order is directed: personally; or by certified mail, return receipt requested to the person’s last known address as shown on the Commission’s records. If service is made by certified mail, the person who mails the document shall file with the Commission verified proof of mailing. If the Commission is unable with due diligence to serve process under paragraph (1) of this subsection, a complaint or order shall be served by publication reasonably tailored to provide actual notice to the person to whom the complaint or order is directed. An order issued under this section 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. Within 10 days after being served with an order under subsection (c)(1)(i) or (ii) of this section, the person served may request in writing a hearing before the Commission. The Commission shall give notice and hold a hearing under this section in accordance with the Administrative Procedure Act. In connection with a hearing conducted under this section, the Commission, on its own initiative or at the request of the person to whom the complaint or order is directed, may: subpoena any person or evidence that is essential for proper consideration at the hearing; and order a witness to give evidence. If a person fails to comply with a subpoena or order issued under this subsection, on petition of the Commission or the person to whom the complaint or order is directed, a circuit court may compel: obedience to the order or subpoena; or testimony or the production of evidence. The Commission may designate a hearing officer to conduct a hearing required under this section and issue the final order and decision of the Commission. Unless the person served with a corrective action order under subsection (c)(1)(i) of this section makes a request for a hearing in accordance with subsection (e)(1) of this section, the order is a final order. If the person served with a corrective action order under subsection (c)(1)(i) of this section makes a request for a hearing in accordance with subsection (e)(1) of this section, the order becomes a final corrective order in accordance with the decision of the Commission following the hearing. If the Commission issues an order under subsection (c)(1)(ii), (iii), or (iv) of this section, the Commission may not issue an order that requires corrective action until after the later of: the conclusion of the hearing, if any; or the review of the report, if any. After the time provided in paragraph (3) of this subsection, if the Commission finds that a violation of the Commission Pretreatment Program has occurred, the Commission shall issue an order that requires correction of the violation within the time set in the order. An order issued under paragraph (4) of this subsection is a final corrective order and the person to whom the order is directed is not entitled to a hearing before the Commission as a result of the order. If the terms of the final corrective order are violated or if a violation is not corrected within the time set in the order, the Commission shall take action to secure compliance with a final corrective order, including filing suit to require correction of the violation. In an action for an injunction under § 29–104 of this title to enforce the compliance with or restrain the violation of a provision of the Commission Pretreatment Program or an administrative order issued under this section: a finding of the Commission after a hearing is prima facie evidence of each fact the Commission determines; and on a showing that a person is violating or is about to violate a provision of the Commission Pretreatment Program or an administrative order issued under this subsection, the court shall grant the injunction without requiring a showing of a lack of an adequate remedy at law. In addition to any other judicial remedy and after an opportunity for a hearing, the Commission may impose a penalty for a violation of a provision of the Commission Pretreatment Program stated in the complaint or an administrative order issued under this section. The Commission shall provide the person subject to a penalty under paragraph (1) of this subsection a written notice stating that: the Commission intends to assess a penalty against the person; the person may request in writing a hearing before the Commission no later than 10 days after receipt of the notice; and the failure to file a written request for a hearing no later than 10 days after receipt of the notice shall be considered a waiver of the right to a hearing. The penalty imposed on a person under this subsection: may not exceed $1,000 for each violation or $50,000 total; and shall be assessed with consideration given to: 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 or potential harm to human health or to the environment, including injury to or impairment of the Commission sewage collection and treatment systems or the natural resources of the State; the degree of interference with or injury to the general welfare, health, or property rights of the public; the extent to which the geographic location of the system creates the potential for harm to the environment or to human health or safety; the cost of cleanup and restoration of natural resources; the available technology for controlling, reducing, or eliminating the conditions that caused the violation; and 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. Each day a violation continues is a separate violation under this subsection. A penalty imposed under this subsection is: payable to the Commission; and collectible in any manner provided at law for the collection of debts. If a person who is liable to pay a penalty imposed under this subsection fails to pay it after demand, the amount, together with interest and any costs that may accrue, shall be: a lien in favor of the Commission on any property, real or personal, of the person; and recorded in the office of the clerk of court for the county in which the property is located. A person aggrieved by a final decision of the Commission in connection with an order issued under this section may seek judicial review as provided for in the Administrative Procedure Act.

On application of the Commission that is verified by oath of a member or employee of the Commission, the circuit court of a county, by injunction, may: require the compliance with or restrain the violation of any order, notice, or regulation of the Commission under this division; require compliance with or restrain the violation or attempted violation of a provision of this division; or require the entry of an employee or agent of the Commission within a designated area on the private premises and into any building in the sanitary district where the Commission shows a violation of this division. The court may not require the Commission to post a bond. If the respondent in a petition for injunction under this section is a nonresident of the State, service of process shall be made in accordance with the Maryland Rules. As to §§ 27–101(a) and (b), 27–102, and 27–103 of this article: Montgomery County may apply the provisions of this section if an application is verified by oath of an employee of Montgomery County; and the court may not require Montgomery County to post a bond.

Except as provided in regulations adopted by the Commission, a person may not use, handle, tamper with, obstruct, interfere with, deface, or destroy any property owned or used by the Commission in the construction or operation of the Commission’s systems.

A person may not leave unburied for a period longer than 24 hours a dead animal or fecal matter in the sanitary district or on a watershed from which the Commission gets its water supply. The Commission may bury a dead animal or fecal matter left unburied more than 24 hours and charge the cost of the burial to the owner or the person on whose property the dead animal or fecal matter was found.

A person who violates any of the following provisions is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 30 days or a fine not exceeding $1,000 or both: § 17–403 of this article (Commission regulations, except for those specified in subsection (c) of this section and §§ 29–101(b) and 29–102(a) of this title); Title 22, Subtitle 1 of this article (general obligation bonds and notes); § 23–102(a) of this article (construction of private or municipal systems); § 23–202 of this article (service connections); § 26–103 of this article (tampering with Commission system in Anne Arundel County); § 26–205 of this article (tampering with Commission system in Howard County); §§ 27–101(c) and 27–108 of this article (public utilities construction); § 29–105 of this title (unlawful use of Commission property, except for the regulations governing publicly owned watershed property); or § 29–106 of this title (leaving dead animals or fecal matter unburied). A person who violates the provisions of Title 20, Subtitle 2 of this article as they relate to the minority business enterprise utilization program by committing a prohibited act listed under § 14–308 of the State Finance and Procurement Article, on conviction, is subject to the penalties provided under that section. A person who violates emergency water use restrictions adopted in accordance with § 17–403 of this article is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500. A person who violates Title 18, Subtitle 1 of this article (Personnel Management) is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500. A person who violates § 19–102(b) of this article (ethics) is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both. A person may be convicted of a second or subsequent violation of a provision of this Division II or a regulation adopted under this Division II.