reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 5 - Voluntary Cleanup Program › Section 7-507 - Request for Determination of Brownfields Revitalization Incentive Eligibility

When an applicant submits an application under § 7–506 of this subtitle, the applicant also may submit a request to the Department of Commerce to determine the applicant’s eligibility to qualify for financial incentives for the redevelopment of a brownfields site in accordance with Title 5, Subtitle 3 of the Economic Development Article.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 5 - Voluntary Cleanup Program › Section 7-509 - Public Participation

(a)    Upon submission of a proposed response action plan, the participant:
(1)    Shall publish a notice of a proposed response action plan once a week for 2 consecutive weeks in a daily or weekly newspaper of general circulation in the geographical area in which the eligible property is located that shall include:
(i)    A summary of the proposed response action plan;
(ii)    The name and address of the participant and eligible property;
(iii)    The name, address, and telephone number of the office within the Department from which information about the proposed response action plan may be obtained;
(iv)    An address to which persons may submit written comments about the proposed response action plan;
(v)    A deadline for the close of the public comment period by which written comments must be received by the Department; and
(vi)    The date and location of the public informational meeting; and
(2)    Shall post at the eligible property a notice of intent to conduct a response action plan at that property.
(b)    The Department shall receive written comments from the public for 30 days after publication and posting required under this section or 5 days after the public informational meeting required under this section, whichever is later.
(c)    The Department shall hold a public informational meeting on the proposed response action plan at the participant’s expense within 40 days after the publication of the notice in accordance with subsection (a)(1) of this section.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 5 - Voluntary Cleanup Program › Section 7-510 - Standards for Approval of Response Action Plan

(a)    The Department shall approve a response action plan if the Department determines that the response action plan protects public health and the environment.
(b)    In making a determination as to whether the criteria selected by the participant and remedial actions in a proposed response action plan protect public health and the environment, the Department shall consider whether the eligible property is:
(1)    Located in an industrial area and used for industrial purposes;
(2)    Located in a residential area and used for industrial purposes; or
(3)    Located in a residential area and used for residential purposes or other purposes that require unlimited public access.
(c)    The failure of the Department to adopt final regulations under this subtitle may not prevent the Department from approving a response action plan on an individual plan basis.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 5 - Voluntary Cleanup Program › Section 7-511 - Decision on Response Action Plan and Response Action Plan Letter

(a)    Within 75 days after the Department has received a proposed response action plan, the Department, after considering any comments the Department has received under § 7-509 of this subtitle, shall notify the participant in writing that:
(1)    The response action plan has been approved; or
(2)    The response action plan has been rejected and shall state the modifications in the response action plan that are necessary to receive the Department’s approval.
(b)    (1)    (i)    If the Department notifies a participant that modifications in a response action plan are necessary to receive the Department’s approval, the participant may resubmit the plan within 120 days after receipt of the Department’s notification.
(ii)    If the participant does not resubmit the plan within 120 days under subparagraph (i) of this paragraph, the participant will be considered to have withdrawn the participant’s application in accordance with § 7-512 of this subtitle.
(2)    Within 30 days after receipt of a resubmitted plan under paragraph (1) of this subsection, the Department shall notify the participant whether the plan has been approved.
(c)    The response action plan approval letter shall state that, subject to the requirements of § 7-514 of this subtitle:
(1)    No further action will be required to accomplish the objectives set forth in the approved response action plan other than those actions described in the approved response action plan; and
(2)    The participant will receive a certificate of completion subject to the conditions and requirements of § 7-514(b) of this subtitle if:
(i)    The approved response action plan is implemented to the satisfaction of the Department; and
(ii)    The response action plan has achieved the cleanup criteria.
(d)    A response action plan approval letter, if applicable, shall include a limitation on the permissible uses of the property that is consistent with the response action plan.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 5 - Voluntary Cleanup Program › Section 7-513 - Issuance of Certificate of Completion

(a)    (1)    Upon completion of the requirements of the response action plan, the participant shall notify the Department in writing that the response action plan has been completed.
(2)    Within 30 days after receipt of the notice of completion under paragraph (1) of this subsection:
(i)    The Department shall review the implementation and completion of the response action plan at the eligible property; and
(ii)    If the Department determines that the requirements of the response action plan have been completed to the satisfaction of the Department and the response action plan has achieved the cleanup criteria, the Department shall issue a certificate of completion.
(b)    The certificate of completion shall state that, subject to the requirements of § 7–514(b) of this subtitle:
(1)    The requirements of the response action plan have been completed;
(2)    The participant has demonstrated that the implementation of the response action plan at the eligible property has achieved the applicable cleanup criteria under § 7–508(b) of this subtitle;
(3)    The Department may not bring an enforcement action against the participant at the eligible property; and
(4)    The participant:
(i)    Is released from further liability for the remediation of the eligible property under this title for any contamination identified in the environmental site assessment; and
(ii)    May not be subject to a contribution action instituted by a responsible person.
(c)    Within 10 days after the issuance of a certificate of completion, the Department shall send a copy of the certificate of completion to the Director of the Department of Assessments and Taxation.
(d)    A requirement for long–term monitoring and maintenance in the approved response action plan may not delay the issuance of the certificate of completion under subsection (a) of this section.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 5 - Voluntary Cleanup Program › Section 7-515 - Enforcement Provisions

(a)    The provisions of §§ 7-256 through 7-268 of this title shall be used and shall apply to enforce violations of:
(1)    This subtitle; or
(2)    Any regulation adopted under this subtitle.
(b)    Any action taken by the Department under this subtitle at a site under active enforcement may not:
(1)    Negate the terms and conditions of any outstanding active enforcement order, decree, judgment, permit, or other document that addresses environmental contamination at the site; or
(2)    Relieve any person who is the subject of an active enforcement action from liability for penalties under the enforcement action.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 5 - Voluntary Cleanup Program › Section 7-516 - Application of Subtitle

(a)    This subtitle does not affect, and may not be construed as affecting, the planning or zoning authority of a county or municipal corporation.
(b)    This subtitle does not affect, and may not be construed as affecting, any tort action against any participant.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 6 - Community Right-to-Know Fund › Section 7-601 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Extremely hazardous substance” means a substance that is defined as an extremely hazardous substance under § 329(3) of the federal Act.
(c)    “Facility” means a facility that is subject to the federal Act.
(d)    “Federal Act” means the federal Emergency Planning and Community Right–to–Know Act of 1986.
(e)    “Fund” means the Maryland Community Right–to–Know Fund established under § 7–604 of this subtitle.
(f)    “Hazardous chemical” has the meaning stated in 42 U.S.C. § 11021(e).
(g)    “Local emergency planning committee”, or “LEPC”, has the meaning stated in 40 C.F.R. 355.20.
(h)    “Responsible person” means an owner or operator of a facility that is required to report under the federal Act.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 6 - Community Right-to-Know Fund › Section 7-602 - Department as Information Repository; Regulations

(a)    The Department shall serve as the information repository for the State Emergency Response Commission.
(b)    Each owner or operator of a facility that is required by the federal Act, or any regulations adopted under the federal Act, to furnish a report, notice, or any other form of information to the State or any of its officers or instrumentalities, including the State Emergency Response Commission, the Governor, or the Governor’s designee, shall satisfy the requirement by providing the information to the Department.
(c)    The Department may adopt regulations to specify forms, fees, set deadlines, and otherwise implement this subtitle.
(d)    This section does not relieve any facility from any requirement under the federal Act or under any local ordinance to report to instrumentalities of federal or local government.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 6 - Community Right-to-Know Fund › Section 7-605 - Enforcement and Penalty

(a)    Except as otherwise provided, the provisions and procedures of §§ 7–266(a) and 7–268 of this title shall be used and applied to enforce violations of:
(1)    This subtitle;
(2)    Any regulations adopted under this subtitle; and
(3)    Any condition of accreditation issued under this subtitle.
(b)    A penalty imposed under this section is payable to the Community Right–to–Know Fund and collectible in any manner provided by law for the collection of debts.
2023 Maryland Statutes › Environment › Title 8 - Radiation › Subtitle 1 - Definitions; General Provisions › Section 8-101 - Definitions

(a)    In this title the following words have the meanings indicated.
(b)    “Board” means the Radiation Control Advisory Board.
(c)    “Emergency” means a sudden and unforeseen condition of such public gravity and urgency that it requires immediate response to protect the public health and welfare.
(d)    “General license” means a license that, under the rules and regulations adopted by the Department under this title, is effective without the filing of an application by the licensee.
(e)    “Person” includes any public or municipal corporation and any agency, bureau, department, or instrumentality of State or local government and, to the extent authorized by federal law, federal government.
(f)    “Radiation” means:
(1)    Ionizing radiation, including gamma rays, X-rays, alpha particles, beta particles, neutrons, high speed electrons, high speed protons, and any other atomic or nuclear particles or rays;
(2)    Any electromagnetic radiation that can be generated during the operation of a manufactured device that has an electronic circuit; or
(3)    Any sonic, ultrasonic, or infrasonic waves that are emitted as a result of the operation, in a manufactured device, of an electronic circuit that can generate a physical field of radiation.
(g)    “Specific license” means a license that, under the rules and regulations adopted by the Department under this title, is effective only after the applicant files an application and the Department approves the application.
2023 Maryland Statutes › Environment › Title 8 - Radiation › Subtitle 1 - Definitions; General Provisions › Section 8-102 - Legislative Findings and Public Policy

(a)    The General Assembly finds that radiation:
(1)    If used properly, can help to improve the health, welfare, and productivity of the public;
(2)    If used carelessly or excessively, may destroy life or health; and
(3)    If used improperly, may impair the industrial and agricultural potential of this State.
(b)    It is the policy of this State:
(1)    To encourage the constructive uses of radiation; and
(2)    To control radiation.
2023 Maryland Statutes › Environment › Title 8 - Radiation › Subtitle 1 - Definitions; General Provisions › Section 8-104 - Miscellaneous Duties and Powers of Secretary

(a)    The Secretary shall:
(1)    Administer this title and the rules and regulations adopted under this title;
(2)    Develop comprehensive policies and programs to evaluate, determine, and lessen hazards that are associated with the use of radiation;
(3)    Advise, consult, and cooperate with:
(i)    Experts in the field of radiation control;
(ii)    Other agencies of this State;
(iii)    The federal government;
(iv)    Other states;
(v)    Interstate agencies;
(vi)    Affected groups;
(vii)    Affected political subdivisions; and
(viii)    Affected industries;
(4)    Accept and administer, according to law, any available loans, grants, and other funds or gifts for carrying out the Secretary’s powers and duties under this title;
(5)    Collect and publish health education information about protection from radiation hazards;
(6)    Review all radiation source plans and specifications that are submitted under the rules and regulations adopted under this title;
(7)    Inspect, to determine any possible radiation hazard:
(i)    Sources of radiation;
(ii)    The shielding and immediate surroundings of radiation sources; and
(iii)    Any records that concern the operation of radiation sources; and
(8)    Keep in confidence all information about commercial and industrial processes that is obtained in carrying out this title.
(b)    The Secretary may:
(1)    Authorize the Baltimore City Commissioner of Health to enforce and carry out the provisions of this title in Baltimore City; and
(2)    Encourage, participate in, or conduct studies, investigations, training, research, or demonstrations that concern:
(i)    The control of radiation hazards;
(ii)    The measurement of radiation;
(iii)    The effects on health from exposure to radiation; or
(iv)    Any other related problems.
2023 Maryland Statutes › Environment › Title 8 - Radiation › Subtitle 1 - Definitions; General Provisions › Section 8-105 - Emergency Action

(a)    Whenever the Secretary finds that an emergency exists, the Secretary may issue an order:
(1)    Stating that the emergency exists; and
(2)    Requiring any action that the Secretary finds necessary to meet the emergency.
(b)    Every order issued under this section is effective immediately.
2023 Maryland Statutes › Environment › Title 8 - Radiation › Subtitle 1 - Definitions; General Provisions › Section 8-106 - Power of Secretary to Adopt Rules and Regulations

(a)    Except as otherwise provided in this section, the Secretary may adopt rules and regulations for control of sources of radiation.
(b)    The Secretary may not adopt any rule or regulation for control of a source of radiation unless the requirements of this section and the Administrative Procedure Act are met.
(c)    The Secretary may not adopt any rule or regulation unless the rule or regulation conforms to the relevant standards set by:
(1)    The United States Nuclear Regulatory Commission;
(2)    The United States Food and Drug Administration; and
(3)    The United States Environmental Protection Agency.
2023 Maryland Statutes › Environment › Title 8 - Radiation › Subtitle 1 - Definitions; General Provisions › Section 8-107 - Limitations on Local Regulation

(a)    A county, municipality, or board of health may not adopt or enforce an ordinance, rule, or regulation that is inconsistent with this title or any rule or regulation adopted under this title.
(b)    This title does not limit the power of a county, a municipality, or a board of health to adopt ordinances, rules, or regulations that are consistent with this title and the rules and regulations adopted under this title.
2023 Maryland Statutes › Environment › Title 8 - Radiation › Subtitle 2 - Radiation Control Advisory Board › Section 8-202 - Membership

(a)    (1)    The Board consists of 12 members appointed by the Secretary.
(2)    In making appointments to the Board, the Secretary shall choose members of the Board so that the Board is fairly representative of the businesses and professions that are interested in the subject of radiation. The general public shall also be represented.
(b)    (1)    Ten members shall be individuals who are recognized as knowledgeable about the subject of radiation.
(2)    Two members shall be public members who represent the community at large.
(c)    (1)    The term of a member is 4 years and begins on June 1.
(2)    The terms of members are staggered as required by the terms provided for members of the Board on July 1, 1986. The terms of those members end as follows:
(i)    3 members in 1987;
(ii)    2 members in 1988;
(iii)    3 members in 1989; and
(iv)    4 members, including 2 public members, in 1990.
(3)    At the end of a term, a member continues to serve until a successor is appointed and qualifies.
(4)    A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
2023 Maryland Statutes › Environment › Title 8 - Radiation › Subtitle 2 - Radiation Control Advisory Board › Section 8-204 - Meetings; Compensation; Staff

(a)    The Board shall determine the times and places of its meetings.
(b)    A member of the Board:
(1)    May not receive compensation; but
(2)    Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
(c)    The Department shall provide the Board with needed staff assistance.
2023 Maryland Statutes › Environment › Title 8 - Radiation › Subtitle 3 - Regulation of Radiation Sources › Section 8-302 - Enforcement -- Impounding Radiation Sources

Whenever the Secretary finds that an emergency exists, the Secretary may order the impoundment of any source of ionizing radiation that is in the possession of any person:
(1)    Who is not equipped to meet the requirements of this subtitle or the rules and regulations adopted under this subtitle; or
(2)    Who violates the provisions of this subtitle or the rules or regulations adopted under this subtitle.
2023 Maryland Statutes › Environment › Title 8 - Radiation › Subtitle 3 - Regulation of Radiation Sources › Section 8-303 - Enforcement -- Order to Stop

If the Secretary finds, on examination of a source of radiation, that the source of radiation is constructed, operated, or maintained in a manner that violates this subtitle or a rule or regulation adopted under this subtitle, the Secretary shall:
(1)    Notify the person who is causing or permitting the violation of the nature of the violation; and
(2)    Order that person:
(i)    By a time set by the Secretary, to stop causing or permitting the violation; and
(ii)    By a time set by the Secretary, to take any action necessary so that the source of radiation is constructed, operated, and maintained in compliance with this subtitle and the rules and regulations adopted under this subtitle.
2023 Maryland Statutes › Environment › Title 8 - Radiation › Subtitle 3 - Regulation of Radiation Sources › Section 8-304 - Radiation Machines

(a)    In this section, “radiation machine” means any device that is capable of producing radiation.
(b)    After July 1, 1986, except for dental or veterinary diagnosis or treatment, a person may not use any radiation machine that is a source of radiation that is not certified as complying with this subtitle and all rules and regulations adopted under this subtitle.
(c)    The Secretary shall adopt rules and regulations to:
(1)    Govern the issuance, suspension, and revocation of licenses for individuals who inspect radiation machines;
(2)    Establish inspection procedures and a schedule for the periodic inspection and certification of radiation machines;
(3)    Establish a biennial fee schedule in accordance with § 8-301(b)(1)(iii) of this subtitle that is sufficient only to cover the costs to the Department of issuing the certificate and regulating the use of radiation; and
(4)    Provide for penalties for the failure to certify radiation machines.
2023 Maryland Statutes › Environment › Title 8 - Radiation › Subtitle 3 - Regulation of Radiation Sources › Section 8-305 - Radon Testing

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Listed facility” means a radon testing facility that is listed in the report of the latest round of the United States Environmental Protection Agency’s National Radon Measurement Proficiency Program.
(3)    (i)    “Radon testing device” means a device that:
1.    Collects radon or radon progeny; and
2.    Requires analysis by an independent measuring facility or radon tester.
(ii)    “Radon testing device” does not include a self-analyzing device that collects radon or radon progeny.
(b)    A person who engages in the business of testing for the presence of indoor radon shall:
(1)    After completion of round 6 of the United States Environmental Protection Agency’s National Radon Measurement Proficiency Program, have all tests analyzed by a listed facility;
(2)    Indicate the name of the facility conducting the analysis on the radon testing device; and
(3)    Disclose in writing to the ultimate consumer the results of the radon test and the name and address of the facility that analyzed the test.
(c)    The Department:
(1)    May adopt regulations to require radon testing facilities to send test results to the Department; and
(2)    May not disclose, in response to a request from the public for the name of a radon testing facility, the name of a radon tester that is not a listed facility.
2023 Maryland Statutes › Environment › Title 8 - Radiation › Subtitle 3 - Regulation of Radiation Sources › Section 8-306 - State Radiation Control Fund

(a)    There is a State Radiation Control Fund.
(b)    All general license fees, specific license fees, registration fees, radiation machine certification fees, and all funds collected by the Department under this title, including any civil penalties, settlements, or fines, shall be paid into the State Radiation Control Fund.
(c)    The Department shall use the State Radiation Control Fund for activities that are related to identifying, monitoring, and controlling sources of radiation, including radiation machines, and for program development of these activities.
(d)    The Department shall adopt regulations for the management and use of the money in the Fund.
2023 Maryland Statutes › Environment › Title 8 - Radiation › Subtitle 4 - Low-Level Nuclear Waste Disposal › Section 8-401 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “High-level nuclear waste” means:
(1)    Spent nuclear reactor fuel;
(2)    Liquid waste that results from the operation, in a facility for reprocessing spent nuclear reactor fuel, of a first cycle solvent extraction system or an equivalent system;
(3)    Concentrated waste from the operation, in a facility for reprocessing spent nuclear reactor fuel, of a subsequent cycle solvent extraction system or an equivalent system; or
(4)    Any solid into which any waste that is described in item (2) or (3) of this subsection has been converted.
(c)    “Low-level nuclear waste” means waste that:
(1)    Contains or is contaminated with radioactive material emitting primarily beta or gamma radiation; and
(2)    Is neither high-level nuclear waste nor transuranic waste.
(d)    “Transuranic waste” means waste material that is measured or assumed to contain at least 10 nanocuries of transuranic activity per gram of waste.
2023 Maryland Statutes › Environment › Title 8 - Radiation › Subtitle 4 - Low-Level Nuclear Waste Disposal › Section 8-402 - Storage or Disposal Capacity Required; Exceptions

(a)    Except as provided in subsection (b) of this section, the Department may not issue or renew a specific license unless the applicant demonstrates to the Department that there is storage or disposal capacity available inside or outside of this State for any low-level nuclear waste that the applicant may generate.
(b)    This section does not apply:
(1)    To the extent that the Department is authorized to issue a specific license under:
(i)    An interstate compact or executive agreement made under § 7-227 of this article;
(ii)    A rule or regulation adopted under § 8-403 of this subtitle; or
(iii)    An executive order issued under § 8-406 of this subtitle;
(2)    To renewal of any license originally issued before January 1, 1986;
(3)    To any facility that generated low-level nuclear waste before January 1, 1986;
(4)    To any hospital, medical, or educational facility; or
(5)    To any low-level nuclear waste, if, under standards adopted by rule or regulation, the Department finds that:
(i)    The half-life or specific activity of the low-level nuclear waste is such that, within a period of not more than 6 months, the low-level nuclear waste will not require special handling, special subsurface disposal, or special storage; and
(ii)    The low-level nuclear waste can be disposed of safely in the same manner as other hazardous substances or handled as conventional waste.
2023 Maryland Statutes › Environment › Title 8 - Radiation › Subtitle 4 - Low-Level Nuclear Waste Disposal › Section 8-403 - Certification of Demonstrated Technology

(a)    The Secretary may adopt a rule or regulation certifying that a demonstrated technology or means for the permanent disposal of low-level nuclear waste:
(1)    Has been developed;
(2)    Will be in operation and will provide adequate capacity at the time that the activity licensed under this title requires the availability of disposal capacity for low-level nuclear waste; and
(3)    Has been approved by:
(i)    The appropriate federal agency;
(ii)    An authorized agency of a state that is a party to a compact or agreement with this State;
(iii)    A regional compact or executive agreement among states to which this State is a party member; or
(iv)    The Department.
(b)    On petition by any person, the Secretary shall schedule and conduct public hearings and make specific findings as to the conditions described in this section.
(c)    (1)    The Administrative, Executive, and Legislative Review Committee of the General Assembly shall review at a public hearing each rule or regulation proposed for adoption under subsection (a) of this section.
(2)    The Committee promptly shall notify the General Assembly of the text of the proposed rule or regulation and of the date of the Committee’s hearing on the proposed rule or regulation.
2023 Maryland Statutes › Environment › Title 8 - Radiation › Subtitle 4 - Low-Level Nuclear Waste Disposal › Section 8-404 - Interagency Cooperation

The following State agencies shall assist the Secretary in evaluating any technology or means for the permanent disposal of low–level nuclear waste:
(1)    The State Department of Agriculture.
(2)    The Maryland Department of Labor.
(3)    The Department of Natural Resources.
(4)    The State Department of Transportation.
(5)    The Department of Planning.
2023 Maryland Statutes › Environment › Title 8 - Radiation › Subtitle 4 - Low-Level Nuclear Waste Disposal › Section 8-406 - Executive Order

(a)    The Governor may issue an executive order that suspends the requirements of § 8-402(a) of this subtitle if the Governor finds that the absence of a storage or disposal site for low-level nuclear waste, inside or outside of this State, will:
(1)    Cause a cessation in this State of power generation, medical treatment, medical diagnosis, scientific research, or other activity that relies on nuclear sources; or
(2)    Otherwise present a serious threat to the public safety or health.
(b)    The Governor shall submit each executive order issued under this section to the General Assembly at a regular or special session.
(c)    Unless an executive order issued under this section is disapproved specifically by a resolution in which a majority of the members of each house of the General Assembly concurs, an executive order issued under this section is effective 30 days after the date the executive order is submitted to the General Assembly.
2023 Maryland Statutes › Environment › Title 8 - Radiation › Subtitle 5 - Enforcement › Section 8-501 - Suspension, Modification or Revocation of License

(a)    In accordance with § 10-226 of the State Government Article and after notice and hearing, the Department may suspend, modify, or revoke any general or specific license issued under § 8-301 of this title or any license issued under § 8-304 of this title for violation of this title or any regulation adopted under this title.
(b)    The Department may revoke any license issued under this title if the Department finds that:
(1)    False or inaccurate information was willfully, deliberately, or
knowingly contained in the application;
(2)    Conditions or requirements of the license have been violated;
(3)    Substantial deviation from plans, specifications, or requirements has occurred;
(4)    The Department has been refused lawful entry to the premises for the purpose of inspecting to ensure compliance with the conditions of the license; or
(5)    A change in conditions exists that requires temporary or permanent reduction or elimination of the source or discharge of radiation.
2023 Maryland Statutes › Environment › Title 8 - Radiation › Subtitle 5 - Enforcement › Section 8-502 - Issuance of Written Complaint by Department

(a)    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 title;
(2)    Any regulation adopted under this title;
(3)    Any lawful order issued by the Department under this title; or
(4)    Any applicable provision of any general or specific license or x-ray machine inspector license issued by the Department under this title.
(b)    A complaint issued under this section shall:
(1)    Specify the provision that allegedly has been violated; and
(2)    State the alleged facts that constitute the violation.
2023 Maryland Statutes › Environment › Title 8 - Radiation › Subtitle 5 - Enforcement › Section 8-503 - Issuance of Order or Notice by Department

(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 it is directed to take corrective action within a time set in the order;
(2)    Send a written notice that requires the person to whom it is directed to file a written report about the alleged violation in not less than 5 days from service of the order; 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 allegations of 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.
2023 Maryland Statutes › Environment › Title 8 - Radiation › Subtitle 5 - Enforcement › Section 8-504 - Service of Notice, Order, or Other Instrument

(a)    (1)    Except as otherwise provided, any notice, order, or other instrument issued by or under authority of the Department under this subtitle may be served in accordance with § 1–204 of this article.
(2)    Proof of service may be made by the sworn statement or affidavit of the person who mailed the notice, order, or other instrument.
(3)    The sworn statement or affidavit shall be filed with the Department.
(b)    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.
2023 Maryland Statutes › Environment › Title 8 - Radiation › Subtitle 5 - Enforcement › Section 8-505 - Hearing

(a)    (1)    The Department shall give notice and hold any hearing under this subtitle in accordance with § 10-205 of the State Government Article.
(2)    Any hearing related to a complaint shall be held in the manner provided in § 10-205 of the State Government Article for hearings in contested cases.
(b)    (1)    Within 10 days after being served with an order under § 8-503(a)(1) of this subtitle, the person served may request, in writing, a hearing before the Department.
(2)    (i)    If a request for a hearing is made under this subsection, the Department shall hold the hearing promptly after receiving the request and render a decision promptly after the hearing.
(ii)    If a request for a hearing is made under this subsection and the Department alleges in the order that there is an imminent threat or danger to the public health or safety or to the environment, the Department shall hold the hearing within 10 days after receiving the request and render a decision within 10 days after the hearing.
(c)    Within 10 days after being served with notice under § 8-503(a)(2) of this subtitle the person served may request, in writing, a hearing before the Department.
(d)    On the request of any party to the hearing, the Department shall take a verbatim record in accordance with Title 10, Subtitle 2 of the State Government Article of the proceedings of any hearing held under this subtitle.
(e)    (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 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.
2023 Maryland Statutes › Environment › Title 8 - Radiation › Subtitle 5 - Enforcement › Section 8-506 - Final Corrective Orders; Issuance Following Notice

(a)    (1)    Unless the person served with an order under § 8-503(a)(1) of this subtitle makes a timely request for a hearing, the order is a final order.
(2)    If the person served with an order under § 8-503(a)(1) of this subtitle makes a timely request for a hearing, the order becomes a final corrective order when the Department renders its decision following the hearing.
(b)    (1)    If the Department issues a notice under § 8-503(a)(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 time set for the hearing, if any; and
(ii)    The time set for filing 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 title 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.
2023 Maryland Statutes › Environment › Title 8 - Radiation › Subtitle 5 - Enforcement › Section 8-507 - Injunctions

(a)    The Department may bring an action for an injunction against any person who violates any provision of this title or any regulation, order, or permit adopted or issued by the Department under this title.
(b)    On a showing that any person is violating or is about to violate this title or any regulation, order, or license adopted or issued by the Department, the court shall grant an injunction without requiring a showing of a lack of an adequate remedy at law.
(c)    If an emergency arises from imminent danger to the public health, to the public welfare, or to the environment, the Department may sue for an immediate injunction to stop any activity that is causing the danger.
2023 Maryland Statutes › Environment › Title 8 - Radiation › Subtitle 5 - Enforcement › Section 8-508 - Judicial Review of Final Decision of Department

(a)    Any person aggrieved by a final decision of the Department in connection with an order or license issued under this title may take a direct judicial appeal.
(b)    The appeal shall be made as provided for judicial review of final decisions under Title 10 of the State Government Article.
2023 Maryland Statutes › Environment › Title 8 - Radiation › Subtitle 5 - Enforcement › Section 8-509 - Prohibited Acts; Penalties

(a)    (1)    A person who fails, refuses, or neglects to comply with any provision of this title, or with any regulation adopted under this title, is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $25,000 or imprisonment not exceeding 1 year or both.
(2)    Before any prosecution is begun under this subsection, the Secretary shall serve written notice of each alleged violation on a person who is in charge of the place where the violation allegedly exists.
(b)    (1)    In addition to any criminal penalty imposed under this section, a person who violates any provision of this title, any regulation or order issued under this title, or any term, condition, or limitation of any license or registration certificate issued under this title:
(i)    Is liable for a civil penalty not exceeding $10,000, to be collected in a civil action in the circuit court for any county; and
(ii)    May be enjoined from continuing the violation.
(2)    Each day a violation occurs is a separate violation under this subsection.
(3)    Whether or not a court action has been filed, the Secretary, with the concurrence of the Attorney General, may compromise and settle any claim for a civil penalty under this section.
(c)    This section does not apply to an action subject to a penalty provision of Title 7 or Title 9 of this article.
2023 Maryland Statutes › Environment › Title 8 - Radiation › Subtitle 5 - Enforcement › Section 8-510 - Imposition of Penalties by Department

(a)    In addition to any other remedies available at law or in equity and after an opportunity for a hearing which may be waived in writing by the person accused of a violation, the Department may impose a penalty for violation of any provision of this title, or any regulation, order, plan for compliance, registration, certificate, or license adopted or issued under this title.
(b)    (1)    The penalty imposed on a person under this section shall be:
(i)    Up to $1,000 for each violation, but not exceeding $50,000 total; and
(ii)    Assessed with consideration given to:
1.    The willfulness of the violation, to the extent to which the existence of the violation was known to the violator but uncorrected by the violator, and the extent to which the violator exercised reasonable care;
2.    Any actual harm to human health or to the environment;
3.    The nature and degree of injury to or interference with general welfare, health, and property;
4.    The cost of control of the source of radiation or any emission of radiation;
5.    The extent to which the location of the violation, including location near areas of human population, creates the potential for harm to the environment or to human health or safety;
6.    The available technology and economic reasonableness of correcting, controlling, reducing, or eliminating the situation or condition that caused the violation;
7.    The degree of hazard posed by the source of radiation or the emission of radiation; and
8.    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.
(2)    Each day a violation occurs is a separate violation under this section.
(3)    Any penalty imposed under this section is payable to this State and collectible in any manner provided at law for the collection of debts.
(4)    If any person who is liable to pay a penalty imposed under this section fails to pay it after demand, the amount, together with interest and any costs that may accrue, shall be:
(i)    A lien in favor of this State on any property, real or personal of the person; and
(ii)    Recorded in the office of the clerk of court for the county in which the property is located.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 1 - Definitions; General Provisions › Section 9-102 - Duties of Health Officer

In addition to the duties set forth elsewhere, the health officer, or in Montgomery County the department designated by the Montgomery County government, shall inspect and report on the sanitary conditions of streams, sources of public water supply, and sewerage facilities in the county.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part I - Definitions; General Provisions › Section 9-202 - Assistance Programs for Water and Sewer Services

(a)    It is the intent of the General Assembly that homeowners have access to programs to assist them in meeting their payment obligations for water and sewer services.
(b)    A political subdivision, a sanitary commission, or an authority providing services under this title may develop and implement service affordability programs to assist homeowners having difficulty making payments for water and sewer services, including:
(1)    Payment plans; and
(2)    Round up programs in which ratepayers may donate to a fund to be used to provide payment assistance to homeowners.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part II - Water Supply Systems, Sewerage Systems, and Refuse Disposal Systems › Section 9-204.1 - Installing, Altering, or Extending Incinerators

The Secretary may not issue a permit to install, materially alter, or materially extend an incinerator for disposal of a solid waste stream, as defined in § 9-1701 of this title, unless the county where the proposed incinerator is to be installed, materially altered, or materially extended has a recycling plan submitted and approved in accordance with § 9-505 of this title.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part II - Water Supply Systems, Sewerage Systems, and Refuse Disposal Systems › Section 9-204.2 - Installing, Altering, or Extending Landfill Systems

(a)    In addition to the requirements of § 9–204 of this subtitle and Title 1, Subtitle 6 of this article, an applicant for a permit to install, materially alter, or materially extend a landfill system shall give notice of the application by certified mail to:
(1)    The owners of all real property adjoining the site where the proposed project is located;
(2)    The chairman of the legislative body and any elected executive of the county where the proposed project site is located;
(3)    The elected executive of any municipal corporation where the proposed project site is located; and
(4)    Any other county within 1 mile of where the proposed project site is located.
(b)    Any informational meeting required by § 1–603 of this article shall be held in accordance with Title 1, Subtitle 6 of this article.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part II - Water Supply Systems, Sewerage Systems, and Refuse Disposal Systems › Section 9-205 - Submitting Plans for Existing Water Supply System, Sewerage System, or Refuse Disposal System for Public Use

(a)    In this section, “authority” means a water, sewerage, or sanitary district authority.
(b)    This section applies only to any water supply system, sewerage system, or refuse disposal system that is for public use in this State.
(c)    Any authority or person who owns a water supply system, sewerage system, or refuse disposal system or who supplies or is authorized to supply water, sewerage, or refuse disposal service to the public shall submit to the Secretary:
(1)    A certified copy of the complete plans for the water supply system, sewerage system, or refuse disposal system that:
(i)    Is correct on the date of submission; and
(ii)    Is of the scope and detail that the Secretary requires; and
(2)    Any existing specifications of or reports on the water supply system, sewerage system, or refuse disposal system.
(d)    If plans do not exist or are of insufficient scope or detail, the authority or person who is required to submit the plans shall:
(1)    Prepare and submit to the Secretary new or supplemented plans; and
(2)    Make any investigation that is necessary to ensure that the new or supplemented plans are correct.
(e)    (1)    The Secretary may request any other information about the water supply system, sewerage system, or refuse disposal system, including information or records on maintenance and operation, that the Secretary considers appropriate.
(2)    Any authority or person to whom a request is made under paragraph (1) of this subsection shall submit the information or records to the Secretary.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 2 - Regulation by State › Part II - Water Supply Systems, Sewerage Systems, and Refuse Disposal Systems › Section 9-207 - Secretary to Help Counties, Municipal Corporations, and Washington Suburban Sanitary Commission

(a)    In this section, “basic main facility”:
(1)    Includes:
(i)    A sewage treatment plant;
(ii)    An intercepting sewer;
(iii)    An outfall sewer;
(iv)    A pumping station; and
(v)    A force main that is connected with a sewage treatment plant, intercepting sewer, outfall sewer, or pumping station; and
(2)    Does not include a lateral or collector pipe that serves individual properties or developments.
(b)    The Secretary shall help counties and municipal corporations of this State and the Washington Suburban Sanitary Commission to develop comprehensive master plans for constructing the basic main facilities of sewerage systems for collecting and disposing of sewage or industrial waste from lateral or collector pipes.
(c)    If the Secretary considers that regional planning is advisable, the Secretary shall attempt to coordinate on a regional basis:
(1)    The development of master plans under subsection (b) of this section; and
(2)    Approval of the construction of sanitary facilities under this subtitle.
(d)    This section does not take away any power of the Washington Suburban Sanitary Commission.