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<section article="gpu" article_name="Public Utilities" number="29-103" title_number="29" title_name="Prohibited Acts; Penalties" subtitle_number="1">
  <level label="a">
    <text>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:</text>
    <level label="1">
      <text>meet national and local pretreatment requirements; and</text>
    </level>
    <level label="2">
      <text>eliminate the contribution of each pollutant discharged from an industrial user into a publicly owned treatment works that:</text>
      <level label="i">
        <text>causes pass through or interference with the publicly owned treatment works; or</text>
      </level>
      <level label="ii">
        <text>contaminates sewage sludge.</text>
      </level>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>A complaint issued under this subsection shall:</text>
      <level label="i">
        <text>specify the provision of the Commission Pretreatment Program that allegedly has been violated; and</text>
      </level>
      <level label="ii">
        <text>state the alleged facts that constitute the violation.</text>
      </level>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>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:</text>
      <level label="i">
        <text>take corrective action within a time set in the order;</text>
      </level>
      <level label="ii">
        <text>file with the Commission a written report about the alleged violation;</text>
      </level>
      <level label="iii">
        <text>appear at a hearing before the Commission at a time and place the Commission sets to answer the charges in the order; or</text>
      </level>
      <level label="iv">
        <text>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.</text>
      </level>
    </level>
    <level label="2">
      <text>Any order issued under this subsection is effective immediately when it is served.</text>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>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:</text>
      <level label="i">
        <text>personally; or</text>
      </level>
      <level label="ii">
        <text>by certified mail, return receipt requested to the person’s last known address as shown on the Commission’s records.</text>
      </level>
    </level>
    <level label="2">
      <text>If service is made by certified mail, the person who mails the document shall file with the Commission verified proof of mailing.</text>
    </level>
    <level label="3">
      <text>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.</text>
    </level>
    <level label="4">
      <text>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:</text>
      <level label="i">
        <text>the time set for the hearing, if any; or</text>
      </level>
      <level label="ii">
        <text>the time set for the filing of the report, if any.</text>
      </level>
    </level>
  </level>
  <level label="e">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>The Commission shall give notice and hold a hearing under this section in accordance with the Administrative Procedure Act.</text>
    </level>
    <level label="3">
      <text>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:</text>
      <level label="i">
        <text>subpoena any person or evidence that is essential for proper consideration at the hearing; and</text>
      </level>
      <level label="ii">
        <text>order a witness to give evidence.</text>
      </level>
    </level>
    <level label="4">
      <text>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:</text>
      <level label="i">
        <text>obedience to the order or subpoena; or</text>
      </level>
      <level label="ii">
        <text>testimony or the production of evidence.</text>
      </level>
    </level>
  </level>
  <level label="f">
    <text>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.</text>
  </level>
  <level label="g">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
    <level label="3">
      <text>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:</text>
      <level label="i">
        <text>the conclusion of the hearing, if any; or</text>
      </level>
      <level label="ii">
        <text>the review of the report, if any.</text>
      </level>
    </level>
    <level label="4">
      <text>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.</text>
    </level>
    <level label="5">
      <text>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.</text>
    </level>
    <level label="6">
      <text>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.</text>
    </level>
  </level>
  <level label="h">
    <text>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:</text>
    <level label="1">
      <text>a finding of the Commission after a hearing is prima facie evidence of each fact the Commission determines; and</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
  </level>
  <level label="i">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>The Commission shall provide the person subject to a penalty under paragraph (1) of this subsection a written notice stating that:</text>
      <level label="i">
        <text>the Commission intends to assess a penalty against the person;</text>
      </level>
      <level label="ii">
        <text>the person may request in writing a hearing before the Commission no later than 10 days after receipt of the notice; and</text>
      </level>
      <level label="iii">
        <text>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.</text>
      </level>
    </level>
    <level label="3">
      <text>The penalty imposed on a person under this subsection:</text>
      <level label="i">
        <text>may not exceed $1,000 for each violation or $50,000 total; and</text>
      </level>
      <level label="ii">
        <text>shall be assessed with consideration given to:</text>
        <level label="1">
          <text>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;</text>
        </level>
        <level label="2">
          <text>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;</text>
        </level>
        <level label="3">
          <text>the degree of interference with or injury to the general welfare, health, or property rights of the public;</text>
        </level>
        <level label="4">
          <text>the extent to which the geographic location of the system creates the potential for harm to the environment or to human health or safety;</text>
        </level>
        <level label="5">
          <text>the cost of cleanup and restoration of natural resources;</text>
        </level>
        <level label="6">
          <text>the available technology for controlling, reducing, or eliminating the conditions that caused the violation; and</text>
        </level>
        <level label="7">
          <text>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.</text>
        </level>
      </level>
    </level>
    <level label="4">
      <text>Each day a violation continues is a separate violation under this subsection.</text>
    </level>
    <level label="5">
      <text>A penalty imposed under this subsection is:</text>
      <level label="i">
        <text>payable to the Commission; and</text>
      </level>
      <level label="ii">
        <text>collectible in any manner provided at law for the collection of debts.</text>
      </level>
    </level>
    <level label="6">
      <text>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:</text>
      <level label="i">
        <text>a lien in favor of the Commission on any property, real or personal, of the person; and</text>
      </level>
      <level label="ii">
        <text>recorded in the office of the clerk of court for the county in which the property is located.</text>
      </level>
    </level>
  </level>
  <level label="j">
    <text>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.</text>
  </level>
</section>
