reglab/housing_qa huggingface dataset:
MD. Environment Code Ann. §  4-101 (2021)
2021 Maryland Statutes|Environment|Title 4 - Water Management|Subtitle 1 - Sediment Control|Section 4-101 - Legislative Findings; Criteria and Procedures to Implement and Enforce Control Programs

    The General Assembly determines and finds that lands and waters comprising the watersheds of the State are great natural assets and resources. As a result of erosion and sediment deposit on lands and in waters within the watersheds of the State, these waters are being polluted and despoiled to such a degree that fish, marine life, and recreational use of the waters are being affected adversely. To protect the natural resources of the State, the Secretary of the Environment, in consultation with the Secretary of Natural Resources shall adopt criteria and procedures for the counties and the local soil conservation districts to implement soil erosion control programs. These procedures may provide for departmental review and approval of major grading, sediment, and erosion control plans. These procedures shall provide that the Department of the Environment conduct periodic inspections and review of the implementation by the counties and the local soil conservation districts of these control plans.    Because of the great potential for harm to the waters of the State if soil erosion and sediment control measures are not properly implemented and maintained and because of the cumulative effect on the environment of violations whether the project creating the violations is large or small, it is necessary for the protection of the waters of the State to provide procedures for obtaining immediate compliance with the law, when violations occur.
MD. Environment Code Ann. §  4-101.1 (2021)
2021 Maryland Statutes|Environment|Title 4 - Water Management|Subtitle 1 - Sediment Control|Section 4-101.1 - Definitions

    (a)    In this title the following words have the meanings indicated.    (b)    “Large redevelopment site” means any real property:        (1)    Consisting of one or more contiguous parcels that are collectively more than 500 acres;        (2)    That is being used, or was formerly used, for industrial purposes and manufacturing; and        (3)    For which the Department has received:            (i)    One or more applications for participation in the Voluntary Cleanup Program under Title 7, Subtitle 5 of this article; or            (ii)    One or more plans for remedial action by a responsible party, the owner or operator of the site, or a prospective purchaser of the site in accordance with § 7–222 of this article.    (c)    “Person” includes the federal government, the State, any county, municipal corporation, or other political subdivision of the State, or any of their units.    (d)    “Pollution” means any contamination or other alteration of the physical, chemical, or biological properties of any waters of this State, including a change in temperature, taste, color, turbidity, or odor of the waters or the discharge or deposit of any organic matter, harmful organism, or liquid, gaseous, solid, radioactive, or other substances into any waters of this State, that will render the waters harmful or detrimental to:        (1)    Public health, safety, or welfare;        (2)    Domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses;        (3)    Livestock, wild animals, or birds; or        (4)    Fish or other aquatic life.    (e)    “Waters of this State” includes:        (1)    Both surface and underground waters within the boundaries of this State subject to its jurisdiction, including that part of the Atlantic Ocean within the boundaries of this State, the Chesapeake Bay and its tributaries, and all ponds, lakes, rivers, streams, storm drain systems, public ditches, tax ditches, and public drainage systems within this State, other than those designed and used to collect, convey, or dispose of sanitary sewage; and        (2)    The flood plain of free–flowing waters determined by the Department of Natural Resources on the basis of the 100–year flood frequency.
MD. Environment Code Ann. §  4-102 (2021)
2021 Maryland Statutes|Environment|Title 4 - Water Management|Subtitle 1 - Sediment Control|Section 4-102 - Exemptions From Subtitle

    The provisions of this subtitle do not apply to agricultural land management practices, construction of agricultural structures, or, except in Calvert County, to construction of single-family residences or their accessory buildings that disturb an area of less than one-half acre and occur on lots of two acres or more. Regardless of planning, zoning, or subdivision controls, a county or municipality may not issue a permit for grading or construction of any building, other than those matters exempted by the provisions of this section, unless the grading or construction conforms with plans approved as provided in this subtitle.
MD. Environment Code Ann. §  4-104 (2021)
2021 Maryland Statutes|Environment|Title 4 - Water Management|Subtitle 1 - Sediment Control|Section 4-104 - Training of Responsible Personnel

    (a)    In this section, “responsible personnel” means any foreman, superintendent, or project engineer who is in charge of on-site clearing and grading operations or sediment control associated with a construction project.    (b)    After July 1, 1983, any applicant for sediment and erosion control plan approval shall certify to the appropriate jurisdiction that any responsible personnel involved in the construction project will have a certificate of attendance at a Department of the Environment approved training program for the control of sediment and erosion before beginning the project. A certificate shall be valid for a 3-year period. A certificate shall be automatically renewed unless the Department of the Environment notifies the certificate holder that additional training is required.    (c)    The appropriate governmental entity authorized to approve grading and sediment control plans may waive the requirement of this section for the responsible personnel on any project involving four or fewer residential units.    (d)    Any person may develop and conduct a training program if the program content and instructor are approved by and meet the requirements set by the Department of the Environment.
MD. Environment Code Ann. §  4-106 (2021)
2021 Maryland Statutes|Environment|Title 4 - Water Management|Subtitle 1 - Sediment Control|Section 4-106 - Construction -- Approval by Department or Designee When Undertaken by State or Federal Unit

    If a State or federal unit undertakes any construction as defined in § 4–105(a)(1) of this subtitle, the Department or the Department’s designee shall review and approve this action and enforce the provisions of this subtitle and any plans approved under this subtitle.
MD. Environment Code Ann. §  4-107 (2021)
2021 Maryland Statutes|Environment|Title 4 - Water Management|Subtitle 1 - Sediment Control|Section 4-107 - Department to Assist Soil Conservation Districts

    The Department of the Environment shall assist soil conservation districts in preparing and implementing a unified sediment control program under this subtitle.
MD. Environment Code Ann. §  4-108 (2021)
2021 Maryland Statutes|Environment|Title 4 - Water Management|Subtitle 1 - Sediment Control|Section 4-108 - Municipalities Not Within Soil Conservation District

    For the purposes of this subtitle, the bureau of public works or a similar municipal unit shall act in place of the appropriate soil conservation district in any municipality not within a soil conservation district.
MD. Environment Code Ann. §  4-109 (2021)
2021 Maryland Statutes|Environment|Title 4 - Water Management|Subtitle 1 - Sediment Control|Section 4-109 - Complaints; Orders; Notices

    (a)    The Department may issue a written complaint if the Department has reasonable grounds to believe that the person to whom the complaint is directed has violated:        (1)    This subtitle;        (2)    Any rule or regulation adopted under this subtitle; or        (3)    Any sediment control plan approved under this subtitle.    (b)    After or concurrently with service of a complaint under this subtitle, the Department may:        (1)    Issue an order that requires the person to whom the order is directed to take corrective action within a time set in the order;        (2)    Send a written notice that requires the person to whom the notice is directed to file a written report about the alleged violation; or        (3)    Send a written notice that requires the person to whom the notice is directed:            (i)    To appear at a hearing before the Department at a time and place the Department sets to answer the charges in the complaint; or            (ii)    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.    (c)    Any order issued under this section is effective immediately, according to its terms, when it is served.
MD. Environment Code Ann. §  4-110 (2021)
2021 Maryland Statutes|Environment|Title 4 - Water Management|Subtitle 1 - Sediment Control|Section 4-110 - Stop Work Orders

    (a)    If the Department finds that earth moving activity requiring the approval of the appropriate approval authority is being carried on in violation of § 4-105 of this subtitle either because it is being undertaken:        (1)    Without any such approval; or        (2)    Not substantially in accordance with the approved plan or any written recommendations of the approval authority regarding control of erosion and siltation and elimination of pollution, the Department may issue an order requiring the person conducting the work to stop all work, except that work necessary to implement the recommendations of the approval authority, until such time as approval of the activity has been obtained from the approval authority and the sediment control measures required by the authority have been implemented.    (b)    In order to request that a stop work order be lifted, the person to whom the stop work order has been issued shall notify the Department when the required approval has been received and the required sediment control measures have been implemented.    (c)    The Department shall act on a request to lift a stop work order and shall notify the requestor of its approval or denial of the request within 2 working days of the receipt of that request. Any denial must be in writing, providing the reasons therefor. Denial of a request to lift a stop work order solely for reasons pertaining to implementation or maintenance of erosion and sediment control measures shall be based upon an inspection of the construction site by the Department. If the initial request is denied, the Department shall act upon each subsequent request within 10 working days of receipt of that subsequent request.    (d)    A stop work order is effective immediately whether or not a request for a hearing is filed, and remains in effect until lifted in accordance with this subsection.
MD. Environment Code Ann. §  4-111 (2021)
2021 Maryland Statutes|Environment|Title 4 - Water Management|Subtitle 1 - Sediment Control|Section 4-111 - Service of Complaints, Orders, Notices, Etc

    (a)    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.    (b)    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.    (c)    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:        (1)    The time set for the hearing, if any;  or        (2)    The time set for the filing of the report, if any.
MD. Environment Code Ann. §  4-112 (2021)
2021 Maryland Statutes|Environment|Title 4 - Water Management|Subtitle 1 - Sediment Control|Section 4-112 - Hearings

    (a)    The Department shall give notice and hold any hearing under this subtitle in accordance with the Administrative Procedure Act.    (b)    (1)    Any request for a hearing on an order issued under § 4–109(b)(1) of this subtitle or a stop work order under § 4–110(a) of this subtitle or a notice issued under  §  4–109(b)(2) of this subtitle shall be made in writing no later than 10 working days after being served with the order.        (2)    If a request for a hearing on a stop work order issued under § 4–110(a) of this subtitle is made under this subsection, the Department shall:            (i)    Hold the hearing no later than 10 working days after receiving the request; and            (ii)    Render a decision within 10 working days after the hearing.    (c)    The Department may make a verbatim record of the proceedings of any hearing held under this subtitle.    (d)    (1)    In connection with any hearing under this subtitle, the Department may:            (i)    Subpoena any person or evidence; and            (ii)    Order a witness to give evidence.        (2)    A subpoenaed witness shall receive the same fees and mileage reimbursement as if the hearing were part of a civil action.        (3)    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:            (i)    Compel obedience to the Department’s order or subpoena; or            (ii)    Compel testimony or the production of evidence.        (4)    The court may punish as a contempt any failure to obey its order issued under this section.
MD. Environment Code Ann. §  4-113 (2021)
2021 Maryland Statutes|Environment|Title 4 - Water Management|Subtitle 1 - Sediment Control|Section 4-113 - Final Corrective Orders

    (a)    (1)    Unless the person served with an order under § 4-109(b)(1) of this subtitle makes a request for a hearing in accordance with § 4-112(b) of this subtitle, the order is a final order.        (2)    If the person served with an order under § 4-109(b)(1) of this subtitle makes a request for a hearing in accordance with § 4-112(b) of this subtitle, the order becomes a final corrective order in accordance with the Department’s decision following the hearing.    (b)    (1)    If the Department issues a notice under § 4-109(b)(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:            (i)    The conclusion of the hearing, if any; and            (ii)    The review of the report, if any.        (2)    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.        (3)    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.    (c)    The Department shall:        (1)    Take action to secure compliance with any final corrective order; and        (2)    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.    (d)    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.
MD. Environment Code Ann. §  4-114 (2021)
2021 Maryland Statutes|Environment|Title 4 - Water Management|Subtitle 1 - Sediment Control|Section 4-114 - Prerequisites to Department's Exercise of Authority

    (a)    Except as provided in subsection (b) of this section, before the Department exercises its authority under § 4-109 or § 4-110 of this subtitle, the Department shall:        (1)    Notify the delegated county or municipality of the violation and the Department’s intended action; and        (2)    Provide reasonable opportunity for a joint inspection with a representative of the delegated county or municipality.    (b)    If the Department determines that there is a substantial threat to the environment, the Department may take appropriate enforcement action without first providing a reasonable opportunity for a joint inspection under subsection (a)(2) of this section.
MD. Environment Code Ann. §  4-115 (2021)
2021 Maryland Statutes|Environment|Title 4 - Water Management|Subtitle 1 - Sediment Control|Section 4-115 - Judicial Review

    (a)    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.    (b)    The appeal shall be made as provided for judicial review of decisions in the Administrative Procedure Act.
MD. Environment Code Ann. §  4-201 (2021)
2021 Maryland Statutes|Environment|Title 4 - Water Management|Subtitle 2 - Stormwater Management|Section 4-201 - Legislative Findings; Intent of Subtitle

    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.
MD. Environment Code Ann. §  4-201.1 (2021)
2021 Maryland Statutes|Environment|Title 4 - Water Management|Subtitle 2 - Stormwater Management|Section 4-201.1 - Definitions

    (a)    In this subtitle the following words have the meanings indicated.    (b)    “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.    (c)    “Environmental site design” includes:        (1)    Optimizing conservation of natural features, such as drainage patterns, soils, and vegetation;        (2)    Minimizing use of impervious surfaces;        (3)    Slowing down runoff to maintain discharge timing and to increase infiltration and evapotranspiration; and        (4)    Using other nonstructural practices or innovative stormwater management technologies approved by the Department.    (d)    (1)    “Impervious surface” means a surface that does not allow stormwater to infiltrate into the ground.        (2)    “Impervious surface” includes rooftops, driveways, sidewalks, or pavement.
MD. Environment Code Ann. §  4-202 (2021)
2021 Maryland Statutes|Environment|Title 4 - Water Management|Subtitle 2 - Stormwater Management|Section 4-202 - Implementation of Management Program

    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.
MD. Environment Code Ann. §  4-205 (2021)
2021 Maryland Statutes|Environment|Title 4 - Water Management|Subtitle 2 - Stormwater Management|Section 4-205 - Construction Activities of State or Federal Agencies

    (a)    The provisions of § 4–204 of this subtitle do not apply to the construction activities of State or federal agencies.    (b)    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.    (c)    (1)    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.        (2)    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.
MD. Environment Code Ann. §  4-206 (2021)
2021 Maryland Statutes|Environment|Title 4 - Water Management|Subtitle 2 - Stormwater Management|Section 4-206 - Inspection and Review of Management Program

    (a)    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.    (b)    These periodic reviews shall be conducted under rules and regulations adopted by the Department.    (c)    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.    (d)    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.
MD. Environment Code Ann. §  4-207 (2021)
2021 Maryland Statutes|Environment|Title 4 - Water Management|Subtitle 2 - Stormwater Management|Section 4-207 - Jurisdiction of Department of Natural Resources Not Enlarged

    The provisions of this subtitle do not add to the jurisdiction of the Department of Natural Resources.
MD. Environment Code Ann. §  4-208 (2021)
2021 Maryland Statutes|Environment|Title 4 - Water Management|Subtitle 2 - Stormwater Management|Section 4-208 - Complaints

    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:         (1)    This subtitle;        (2)    Any rule or regulation adopted under this subtitle; or        (3)    Any stormwater management plan approved under this subtitle.
MD. Environment Code Ann. §  4-209 (2021)
2021 Maryland Statutes|Environment|Title 4 - Water Management|Subtitle 2 - Stormwater Management|Section 4-209 - Issuance of Notice or Order

    (a)    After or concurrently with service of a complaint under this subtitle, the Department may:        (1)    Issue an order that requires the person to whom the order is directed to take corrective action within a time set in the order;        (2)    Send a written notice that requires the person to whom the notice is directed to file a written report about the alleged violation; or        (3)    Send a written notice that requires the person to whom the notice is directed:            (i)    To appear at a hearing before the Department at a time and place the Department sets to answer the charges in the complaint; or            (ii)    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.    (b)    Any order issued under this section is effective immediately, according to its terms, when it is served.