reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Environment › Title 1 - Definitions; General Provisions; Enforcement › Subtitle 8 - Maryland Uniform Environmental Covenants Act › Section 1-810 - Civil Actions

(a)    A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by:
(1)    A party to the covenant;
(2)    The Agency or, if it is not the Agency, the Department;
(3)    Any person to whom the covenant expressly grants power to enforce;
(4)    A person whose interest in the real property or whose collateral or liability may be affected by the alleged violation of the covenant; or
(5)    The county or municipal corporation in which the real property subject to the covenant is located.
(b)    This subtitle does not limit the regulatory authority of the Agency or the Department under law, other than this subtitle, with respect to an environmental response project.
(c)    A person is not responsible for or subject to liability for environmental remediation solely because the person has the right to enforce an environmental covenant.
2023 Maryland Statutes › Environment › Title 1 - Definitions; General Provisions; Enforcement › Subtitle 8 - Maryland Uniform Environmental Covenants Act › Section 1-811 - Registry

(a)    (1)    The Department shall establish and maintain a registry that contains all environmental covenants and any amendment or termination of those covenants.
(2)    The registry may contain any other information concerning environmental covenants and the real property subject to them that the Department considers appropriate.
(3)    For purposes of the Maryland Public Information Act, the registry is a public record.
(b)    (1)    After an environmental covenant or an amendment or termination of a covenant is filed in the registry established under subsection (a) of this section, a notice of the covenant, amendment, or termination that meets the requirements of paragraph (2) of this subsection may be recorded in the land records in lieu of recording the entire covenant.
(2)    A notice shall contain:
(i)    A legally sufficient description and any available street address of the real property subject to the covenant;
(ii)    The name and address of the owner of the fee simple interest in the real property, the Department, and the holder if other than the Department;
(iii)    A statement that the covenant, amendment, or termination is available in a registry at the Department, including the method of any electronic access; and
(iv)    A statement that the notice is notification of an environmental covenant executed pursuant to this subtitle.
(c)    A statement in substantially the following form, executed with the same formalities as a deed in the State, satisfies the requirements of subsection (b) of this section:
“1.    This notice is filed in the land records of (political subdivision) of (name of jurisdiction in which the real property is located) pursuant to § 1–811 of the Environment Article.
2.    This notice and the covenant, amendment, or termination to which it refers may impose significant obligations with respect to the property described below.
3.    A legal description of the property is attached as Exhibit A to this notice. The address of the property that is subject to the environmental covenant is (insert address of property or state that the address is not available).
4.    The name and address of the owner of the fee simple interest in the real property on the date of this notice is (name of current owner of the property and the owner’s current address as shown on the tax records of the jurisdiction in which the property is located).
5.    The environmental covenant, amendment, or termination was signed by (name and address of the signing agency).
6.    The environmental covenant, amendment, or termination was filed in the registry on (date of filing).
7.    The full text of the covenant, amendment, or termination and any other information required by the Department of the Environment is on file and available for inspection and copying in the registry maintained for that purpose by the Department.”.
2023 Maryland Statutes › Environment › Title 1 - Definitions; General Provisions; Enforcement › Subtitle 8 - Maryland Uniform Environmental Covenants Act › Section 1-812 - Effect on Electronic Signatures in Global and National Commerce Act

(a)    Except as provided under subsection (b) of this section, this subtitle modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act.
(b)    This subtitle does not modify, limit, or supersede § 7001(a) or authorize electronic delivery of any of the notices described in § 7003(b) of the federal Electronic Signatures in Global and National Commerce Act.
2023 Maryland Statutes › Environment › Title 1 - Definitions; General Provisions; Enforcement › Subtitle 8 - Maryland Uniform Environmental Covenants Act › Section 1-815 - Severability

If any provision of this subtitle or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this subtitle which can be given effect without the invalid provision or application, and to this end the provisions of this subtitle are severable.
2023 Maryland Statutes › Environment › Title 2 - Ambient Air Quality Control › Subtitle 1 - Definitions; General Provisions › Section 2-101 - Definitions

(a)    In this title the following words have the meanings indicated.
(b)    “Air pollution” means the presence in the outdoor atmosphere of any substance that is present in such quantities and is of such duration that it:
(1)    May be predicted with reasonable certainty to be injurious to property or to human, plant, or animal life; or
(2)    Unreasonably interferes with the proper enjoyment of the property of others because of the emission of odors, solids, vapors, liquids, or gases.
(c)    “Council” means the Air Quality Control Advisory Council.
(d)    “Emergency” means:
(1)    A condition of such public gravity and urgency that it requires immediate response; or
(2)    A condition that is predicted to a reasonable degree of certainty to require immediate action to carry out the provisions of this title.
(e)    (1)    “Emission standard” means a requirement that limits the quantity, quality, rate, or concentration of emissions from a source.
(2)    “Emission standard” includes any requirement that relates to the operation or maintenance of a source to assure continuous emission reduction.
(f)    “Person” includes any public or municipal corporation and any agency, bureau, department, or instrumentality of federal, State, or local government.
(g)    “Political subdivision” means a county or municipal corporation of this State.
(h)    “Regulated emissions” means the actual rate of emissions, in tons per year, of any registered pollutant emitted by a source, to be calculated using criteria consistent with 40 C.F.R. Part 70 (Operating Permit Program).
(i)    “Source” means any person or property that contributes to air pollution.
2023 Maryland Statutes › Environment › Title 2 - Ambient Air Quality Control › Subtitle 1 - Definitions; General Provisions › Section 2-103 - Powers and Duties of Department

(a)    In addition to the powers set forth elsewhere in this title, the Department may obtain any federal or other funds that are available to this State for purposes that are within the scope of this title.
(b)    In addition to the duties set forth elsewhere in this title, the Department:
(1)    Has jurisdiction over emissions into the air and ambient air quality in this State;
(2)    Is responsible for monitoring ambient air quality in this State; and
(3)    Shall coordinate all State agency programs on ambient air quality control.
(c)    The Department may contract for or otherwise arrange for the use of the facilities and services of appropriate agencies of political subdivisions in carrying out the Department’s monitoring duties under this title.
2023 Maryland Statutes › Environment › Title 2 - Ambient Air Quality Control › Subtitle 1 - Definitions; General Provisions › Section 2-103.1 - Reports Concerning Federal Clean Air Act

Subject to § 2-1257 of the State Government Article, the Secretary, in conjunction with the Secretary of Transportation, shall furnish a joint report, within 30 days after the date Congress modifies the provisions of the federal Clean Air Act, to the Legislative Policy Committee, the Senate Judicial Proceedings Committee, and the House Environmental Matters Committee outlining the status of changes in the federal Clean Air Act as of that date and all other related and pertinent information.
2023 Maryland Statutes › Environment › Title 2 - Ambient Air Quality Control › Subtitle 1 - Definitions; General Provisions › Section 2-103.2 - Access of Information via Internet

(a)    In this section, “ambient air monitoring data” means measured concentrations of air pollutants, including air pollutants for which there are no established ambient air quality standards or emission standards, obtained from an ambient air monitor established by the Department.
(b)    On or before January 1, 2000, and each year thereafter, the Department shall provide public access to all air monitoring data in the State through the Internet.
(c)    Ambient air monitoring data provided under this section:
(1)    May be in summary form; and
(2)    Shall include all validated ambient air monitoring data for the 2 most recent calendar years for which data are available.
2023 Maryland Statutes › Environment › Title 2 - Ambient Air Quality Control › Subtitle 1 - Definitions; General Provisions › Section 2-104 - Powers of Political Subdivisions

(a)    (1)    Except as provided in this section, this title does not limit the power of a political subdivision to adopt ordinances, rules, or regulations that set emission standards or ambient air quality standards.
(2)    A political subdivision may not adopt any ordinance, rule, or regulation that sets an emission standard or ambient air quality standard less stringent than the standards set by the Department under this title.
(b)    The governing body of any political subdivision may ask the Department to adopt rules and regulations that set more restrictive emission standards or ambient air quality standards in that political subdivision.
2023 Maryland Statutes › Environment › Title 2 - Ambient Air Quality Control › Subtitle 1 - Definitions; General Provisions › Section 2-105 - Air Pollution Emergency

(a)    (1)    In accordance with the rules and regulations adopted by the Department, the Secretary shall advise the Governor when an air pollution emergency exists or is reasonably certain to occur.
(2)    When so advised, the Governor may issue an executive order that:
(i)    Proclaims an air pollution emergency; and
(ii)    Requires the immediate elimination of specifically identifiable sources of air pollution.
(b)    If a person violates an executive order issued under this section, the Attorney General may sue in a court of appropriate jurisdiction to enforce compliance with the order.
2023 Maryland Statutes › Environment › Title 2 - Ambient Air Quality Control › Subtitle 1 - Definitions; General Provisions › Section 2-106 - Rights of Persons Other Than This State

(a)    A determination by the Department that air pollution exists or that a rule or regulation has been disregarded or violated does not create any presumption of law or finding of fact for the benefit of any person other than this State.
(b)    Any proceedings under this title shall be brought by the Department for the benefit of the people of this State.
(c)    No person other than this State acquires actionable rights by virtue of this title.
2023 Maryland Statutes › Environment › Title 2 - Ambient Air Quality Control › Subtitle 1 - Definitions; General Provisions › Section 2-107 - Maryland Clean Air Fund

(a)    There is a Maryland Clean Air Fund.
(b)    Except as provided in § 2–1002(g) of this title, all application fees, permit fees, renewal fees, and funds collected by the Department under this title, Title 6, Subtitle 4 of this article, or received from the Maryland Strategic Energy Investment Fund under § 9–20B–05(g)(3)(iii) of the State Government Article, including any civil or administrative penalty or any fine imposed by a court under these provisions, shall be paid into the Maryland Clean Air Fund.
(c)    (1)    Subject to the appropriation process in the annual operating budget, the Department shall use the Maryland Clean Air Fund for:
(i)    Activities conducted under this title that are related to identifying, monitoring, and regulating air pollution in this State, including program development of these activities as provided in the State budget; and
(ii)    Providing grants to local governments to supplement funding for programs conducted by local governments that are consistent with this title and the State program.
(2)    Subject to Title 10, Subtitle 1 of the State Government Article (Administrative Procedure Act – Regulations), the Department shall adopt rules and regulations for the management and use of the money in the Fund.
(3)    At the end of the fiscal year, the Department shall:
(i)    Prepare an annual report on:
1.    The Maryland Clean Air Fund that includes an accounting of all financial receipts and expenditures to and from the Fund; and
2.    Any relevant information regarding the federal approval process, the effectiveness of the permitting program, and any other issues related to the operation of the permitting program established under § 2–401 of this title;
(ii)    Provide a copy of the report to the General Assembly, as provided under § 2–1257 of the State Government Article; and
(iii)    Upon request, make the report available to permit holders under this title.
(4)    When the Fund equals or exceeds a maximum limit of $2,000,000, additional money received for the Fund by the Department shall be deposited to the General Fund.
2023 Maryland Statutes › Environment › Title 2 - Ambient Air Quality Control › Subtitle 2 - Air Quality Control Advisory Council › Section 2-202 - Membership

(a)    (1)    The Council consists of not more than 15 members appointed by the Secretary.
(2)    Of the Council members:
(i)    1 shall be appointed from a list of 3 qualified individuals who are professional engineers licensed in this State, submitted to the Secretary by the Baltimore section of the American Society of Mechanical Engineers;
(ii)    1 shall be appointed from a list of 3 qualified individuals submitted to the Secretary by the Maryland section of the American Institute of Chemical Engineers;
(iii)    2 shall be individuals who are employed in a manufacturing or public utility business in this State, each appointed from a separate list of 3 qualified individuals submitted to the Secretary by the Maryland Chamber of Commerce;
(iv)    1 shall be a physician;
(v)    1 shall be a member of the Regional Planning Council who is recommended to the Secretary by the Regional Planning Council;
(vi)    1 shall be appointed from a list of 3 qualified individuals submitted to the Secretary by the Maryland Association of Counties;
(vii)    4 shall be appointed, 1 from each list, from lists of 3 qualified individuals submitted to the Secretary by:
1.    The Chairman of the Board of Directors of the Council of Governments of Metropolitan Washington;
2.    The President of the Johns Hopkins University;
3.    The President of the Maryland State–D.C. AFL–CIO; and
4.    The Chancellor of the University System of Maryland;
(viii)    2 shall be public members who represent the community at large; and
(ix)    1 shall be a member of the Children’s Environmental Health and Protection Advisory Council who has expertise in pediatric environmental health.
(3)    In making appointments to the Council, the Secretary shall:
(i)    Consider giving appropriate representation to the various geographical areas of this State; and
(ii)    Appoint at least 1 member who is engaged actively in farming and knowledgeable in farm and rural pollutant problems.
(b)    (1)    The term of a member is 5 years.
(2)    The terms of the members are staggered as required by the terms provided for members of the Council on July 1, 1986.
(3)    The member who represents the Regional Planning Council serves only so long as the member remains on the Regional Planning Council.
(4)    At the end of a term, a member continues to serve until a successor is appointed and qualifies.
(5)    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 2 - Ambient Air Quality Control › Subtitle 2 - Air Quality Control Advisory Council › Section 2-205 - Meetings; Compensation

(a)    The Council shall meet at the times and places that the Secretary of the Environment or the chairman determines.
(b)    Each member of the Council and the secretary of the Council:
(1)    May not receive compensation; but
(2)    Are entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
2023 Maryland Statutes › Environment › Title 2 - Ambient Air Quality Control › Subtitle 2 - Air Quality Control Advisory Council › Section 2-206 - Advisory Role of Council

(a)    Before the Department adopts any rule or regulation under this title, the Department shall submit the proposed rule or regulation to the Council for advice.
(b)    Within 30 days after receiving a proposed rule or regulation from the Department, the Council shall give the Department its advice on the proposal by recommending:
(1)    Adoption;
(2)    Rejection; or
(3)    Modification.
2023 Maryland Statutes › Environment › Title 2 - Ambient Air Quality Control › Subtitle 3 - Rulemaking › Section 2-301 - Air Quality Rules and Regulations -- Adoption

(a)    The Department:
(1)    May adopt rules and regulations for the control of air pollution in this State, including testing, monitoring, record keeping, and reporting requirements; and
(2)    Shall adopt rules and regulations that establish standards and procedures to be followed whenever pollution of the air reaches an emergency condition.
(b)    In adopting any rule or regulation under this title, the Department shall consider, among other things:
(1)    The residential, commercial, or industrial nature of the area affected;
(2)    Zoning;
(3)    The nature and source of various kinds of air pollution;
(4)    The problems of any commercial or industrial establishment that may be affected by the rule or regulation; and
(5)    The environmental conditions, population density, and topography of any area that may be affected by the rule or regulation.
(c)    Any rule or regulation adopted under this title that relates to grain drying operations shall be adopted with the advice and consent of the State Department of Agriculture.
2023 Maryland Statutes › Environment › Title 2 - Ambient Air Quality Control › Subtitle 3 - Rulemaking › Section 2-302 - Air Quality Rules and Regulations -- Air Quality Control Areas

(a)    The Department shall determine and may alter air quality control areas into which this State is divided.
(b)    The Department shall adopt rules and regulations that set emission standards and ambient air quality standards for each of the air quality control areas in this State.
(c)    (1)    Unless a political subdivision requests a more restrictive standard under § 2-104 of this title, the Department shall set ambient air quality standards for pollutants that are identical to the standards for pollutants for which national primary or secondary ambient air quality standards have been set by the federal government.
(2)    To protect the public health, the general welfare, and property of the people of this State, the Department may set State ambient air quality standards for substances for which national ambient air quality standards have not been set by the federal government.
(3)    If the Secretary finds that transportation through the air is a significant factor in the buildup of a pollutant in a substance other than air and that monitoring the substance facilitates control of the pollutant, a State ambient air quality standard may establish a maximum concentration of the pollutant in that substance.
(d)    (1)    Except as provided in paragraph (2) of this subsection, if national ambient air quality standards are attained in an air quality control area, the Department shall set emission standards for that area based on the goal of achieving emission levels that are not more restrictive than necessary to attain and maintain the ambient air quality standards in that area.
(2)    The limitations of paragraph (1) of this subsection do not apply to the extent that:
(i)    A political subdivision requests a more restrictive standard under § 2-104 of this title; or
(ii)    New source performance standards, national prevention of significant deterioration requirements, national emission standards for hazardous pollutants, or any other requirements of the federal Clean Air Act apply.
(3)    For those emissions for which no national ambient air quality standards have been set, the Secretary may set emission standards and requirements for various classes of sources.
2023 Maryland Statutes › Environment › Title 2 - Ambient Air Quality Control › Subtitle 3 - Rulemaking › Section 2-303 - Air Quality Rules and Regulations -- Procedures for Adoption

(a)    The Department may not adopt any rule or regulation under this title unless the requirements of this section and the Administrative Procedure Act are met.
(b)    (1)    Before adopting any rule or regulation under this title, the Department shall announce and hold a public hearing on the subject.
(2)    A public hearing required under this subtitle may be held using teleconference or Internet–based conferencing technology.
(c)    (1)    At least 30 days before the public hearing, the Department shall publish notice of the hearing in a newspaper of general circulation in the area concerned or on the Department’s website.
(2)    The notice required under paragraph (1) of this subsection shall state:
(i)    The date, time, and place of the hearing; and
(ii)    The purpose of the hearing.
(d)    The Department shall publish annually a notice in a newspaper of general circulation to inform the public of:
(1)    The types of public notices required under this title that are available on the Department’s website; and
(2)    A phone number or electronic mail address at the Department that a person can contact to arrange for the receipt of future public notices required under this title by first–class mail or electronic mail.
(e)    After the public hearing, the Department may adopt the rule or regulation with or without modification.
2023 Maryland Statutes › Environment › Title 2 - Ambient Air Quality Control › Subtitle 3 - Rulemaking › Section 2-303.1 - Program for Volatile Organic Emissions Control

The Department may not adopt regulations to implement Stage II of the Program for Volatile Organic Emissions Control from gasoline retailing operations unless:
(1)    The Department is mandated by the United States Environmental Protection Agency;
(2)    The Department is unable to find other control strategies; and
(3)    The Environmental Protection Agency publishes notice in the Federal Register that the State of Maryland is not in compliance with the provisions of the Clean Air Act (42 U.S.C. §§ 7401 through 7602).
2023 Maryland Statutes › Environment › Title 2 - Ambient Air Quality Control › Subtitle 3 - Rulemaking › Section 2-303.2 - Program Implementing Reduction of Vehicle Miles Traveled

In any program implementing the reduction of vehicle miles traveled as a part of the State’s compliance with the federal Clean Air Act the Department shall include provisions to allow, both within Maryland and among Maryland and adjoining states:
(1)    The averaging of reductions in vehicle miles traveled between different worksites of the same employer;
(2)    The averaging of reductions in vehicle miles traveled between worksites of different employers;
(3)    The sale between worksites and employers of credits for reduced vehicle miles traveled; and
(4)    The greatest degree of flexibility in implementation, giving full consideration to the geographic differences among affected areas, in order to promote the economic and environmental interests of the areas affected.
2023 Maryland Statutes › Environment › Title 2 - Ambient Air Quality Control › Subtitle 4 - Permits and Registration › Section 2-402 - Permits or Registration -- Exceptions

The Department may not require a permit or registration for:
(1)    Any machinery or equipment that normally is used in a mobile manner;
(2)    Any boiler used exclusively to operate steam engines for farm and domestic use;
(3)    The construction of a generating station constructed by a person that is required to obtain a certificate of public convenience and necessity under §§ 7–207 and 7–208 of the Public Utilities Article and regulations adopted by the Public Service Commission;
(4)    Actual construction of buildings, apart from any possible emission producing machinery housed in the buildings;
(5)    Any parking garage; or
(6)    Any parking lot.
2023 Maryland Statutes › Environment › Title 2 - Ambient Air Quality Control › Subtitle 4 - Permits and Registration › Section 2-403 - Permits or Registration -- Fees

(a)    (1)    The Department, by regulation, shall require and collect a fee for each permit issued under § 2–401 of this subtitle.
(2)    In adopting the regulations under this section, the Department shall consult with industry to determine that the permit fee is reasonable and directly related to the actual cost of the permitting and regulatory activity, and does not exceed a certain dollar amount.
(b)    (1)    The amount of the fees shall cover:
(i)    The reasonable cost of reviewing and acting on the application for the permits;
(ii)    The reasonable costs incurred in implementing and enforcing the terms and conditions of the permits, exclusive of any court costs or other costs associated with any enforcement actions; and
(iii)    The costs identified in § 502(b)(3) of the Clean Air Act Amendments of 1990.
(2)    Fees assessed and collected under this section shall be used exclusively for the development and administration of the permit program under this subtitle.
(c)    (1)    The fee established under this section may not exceed:
(i)    $50 per ton of regulated emissions; and
(ii)    $500,000 for any single source in calendar years 2008 and 2009.
(2)    For purposes of calculating fees under this section, carbon dioxide emissions shall be excluded.
(3)    The fee established under this section may be adjusted to reflect changes in the Consumer Price Index, as authorized by 40 C.F.R. Part 70 (Operating Permit Program).
2023 Maryland Statutes › Environment › Title 2 - Ambient Air Quality Control › Subtitle 4 - Permits and Registration › Section 2-404.1 - Judicial Review

(a)    Except for an applicant who elects to proceed under subsection (d) of this section, a final decision by the Department on the issuance, renewal, or revision of an operating permit issued pursuant to Title V of the federal Clean Air Act Amendments of 1990 is subject to judicial review by any person who:
(1)    Meets the threshold standing requirements under federal constitutional law; and
(2)    Participated in a public participation process through the submission of written or oral comments, unless an opportunity for public participation was not required by statute or regulation.
(b)    Judicial review shall be on the administrative record before the Department and limited to objections raised during the public comment period, unless the petitioner demonstrates:
(1)    That the objections were not reasonably ascertainable during the comment period; or
(2)    That grounds for the objections arose after the comment period.
(c)    Unless otherwise required by statute, a petition for judicial review by a person who meets the requirements of subsection (a) of this section shall be filed with the circuit court for the county in which any party resides or has a principal place of business.
(d)    (1)    An applicant for an air quality operating permit may seek judicial review in accordance with Title 10, Subtitle 2 of the State Government Article.
(2)    Except for an applicant as described in paragraph (1) of this subsection, a person is not entitled to a contested case hearing regarding Title V operating permits.
2023 Maryland Statutes › Environment › Title 2 - Ambient Air Quality Control › Subtitle 4 - Permits and Registration › Section 2-406 - Incinerator Operators

(a)    After July 1, 1990, the owner of an incinerator for the disposal of solid waste as defined in § 7-201 or § 9-101 of this article may not operate or cause the incinerator to be operated unless the owner certifies to the Department that any person operating the incinerator has completed a course of instruction, approved by the Department, in the proper and safe operation of the incinerator.
(b)    An operator of an incinerator who meets the requirements of subsection (a) of this section shall be present at all times the incinerator is in operation.
(c)    The Department shall adopt regulations to implement the provisions of this section.
(d)    The Department shall, at a minimum, conduct quarterly inspections of an incinerator that accepts more than 50 tons per day of special medical waste, as defined in Title 26, Subtitle 13, Chapter 11 of the Code of Maryland Regulations, and may undertake other activities as necessary to determine whether the operation of the incinerator meets the requirements of the air quality permit issued under this title.
(e)    The Department shall, at a minimum, require the holder of a permit to incinerate special medical waste that accepts more than 50 tons of special medical waste per day to:
(1)    Sample stack emissions under normal operating conditions at least one time per year for dioxin and heavy metals, including barium, cadmium, chromium, lead, nickel, mercury, zinc, arsenic, selenium, and vanadium; and
(2)    Provide the test report to the Department.
(f)    The holder of the permit shall pay the Department for the cost of the inspection and any other activity conducted under subsection (d) of this section.
2023 Maryland Statutes › Environment › Title 2 - Ambient Air Quality Control › Subtitle 5 - Temporary Fuel Variances › Section 2-502 - Petition

(a)    A petition for a temporary fuel variance shall be filed with the Department in the form the Department requires.
(b)    The petition shall contain:
(1)    The name, address, and telephone number of the petitioner and any other person who is authorized to receive notices on behalf of the petitioner;
(2)    The type and location of the operations for which the temporary fuel variance is sought;
(3)    An explanation of why the petitioner is unable to obtain the necessary required fuel; and
(4)    A description of:
(i)    The process that is causing emissions and the quantity and nature of existing emissions;
(ii)    The specific variance sought, including:
1.    The starting and ending dates of the requested variance; and
2.    The type, sulphur content, and quantity of the fuel that the petitioner proposes to use; and
(iii)    The amount and type of:
1.    The current fuel inventory of the petitioner; and
2.    Any fuel reserves at any facility that is owned or operated by the petitioner.
(c)    The petitioner shall verify the information in the petition.
2023 Maryland Statutes › Environment › Title 2 - Ambient Air Quality Control › Subtitle 5 - Temporary Fuel Variances › Section 2-503 - Notice and Hearing

(a)    If a petition for a temporary fuel variance is filed in accordance with § 2-502 of this subtitle, the Department shall schedule a public hearing on the petition to be held as soon as possible but no earlier than 10 days after publication of the notice required by this section.
(b)    The petitioner shall publish a prominent notice of the hearing in a newspaper of general circulation in the county where the source for which the temporary fuel variance is sought is located.
(c)    Except as otherwise provided by the Department, the notice shall contain:
(1)    The name and address of the petitioner;
(2)    The location and a description of the operations for which the temporary fuel variance is sought;
(3)    A reference to the specific rule, regulation, or order from which the temporary fuel variance is sought;
(4)    A brief statement explaining why the temporary fuel variance is sought;
(5)    A statement that any person may oppose the petition at a public hearing on a specific date and at a specific time and location; and
(6)    Any additional information that the Department requires.
(d)    (1)    The Department may grant an emergency temporary fuel variance before the public hearing if:
(i)    The petitioner shows to the Department an immediate need for the temporary fuel variance; and
(ii)    The Air Management Administration recommends that the Department grant the temporary fuel variance before the hearing.
(2)    If the Department grants an emergency temporary fuel variance before the public hearing:
(i)    The notice of the hearing shall state that an emergency temporary fuel variance has been granted and will be reviewed at the hearing; and
(ii)    The hearing shall be held by the Department within 30 days after the petition is filed.
(e)    After the hearing and if the Air Management Administration so recommends, the Department may:
(1)    If a temporary fuel variance has not been previously granted:
(i)    Grant a temporary fuel variance, subject to federal requirements, for a period of not more than 120 days; or
(ii)    Refuse to grant a temporary fuel variance; and
(2)    If an emergency temporary fuel variance has been granted previously:
(i)    Terminate the emergency temporary fuel variance; or
(ii)    Extend the emergency temporary fuel variance, subject to federal regulations, for a period of not more than 120 days from the date the variance was first granted.
2023 Maryland Statutes › Environment › Title 2 - Ambient Air Quality Control › Subtitle 5 - Temporary Fuel Variances › Section 2-505 - Duty of Petitioner

Except to the extent necessary to give effect to the temporary fuel variance, a petitioner who is granted a temporary fuel variance shall comply with any applicable law, rule, or regulation, and with any order, permit, or other temporary fuel variance previously issued or granted under this title.
2023 Maryland Statutes › Environment › Title 2 - Ambient Air Quality Control › Subtitle 6 - Enforcement; Penalties › Section 2-602 - Orders -- in General

(a)    The Department may issue a show–cause order or a corrective order under this section if the Department has reasonable grounds to believe that the person to whom the order is directed has violated:
(1)    This title;
(2)    Any rule or regulation adopted under this title;
(3)    Any plan for compliance issued under this title; or
(4)    Any permit or registration issued under § 2–401 of this title.
(b)    The Department is not required to issue a show–cause order or a corrective order before enforcing this title by injunction or civil penalty under this subtitle.
2023 Maryland Statutes › Environment › Title 2 - Ambient Air Quality Control › Subtitle 6 - Enforcement; Penalties › Section 2-603 - Orders -- Show-Cause Orders

(a)    A show–cause order issued under this subtitle shall:
(1)    Specify the provision that allegedly has been violated;
(2)    Describe the nature and extent of the alleged violation;
(3)    Require the person charged to appear at a hearing and show cause why an order requiring corrective action should not be issued; and
(4)    State the date, time, and place of the hearing.
(b)    Each show–cause order issued under this subtitle shall be in writing and shall be served:
(1)    Not less than 20 days before the time set for the hearing; and
(2)    As a summons is served under the Maryland Rules or by certified mail.
2023 Maryland Statutes › Environment › Title 2 - Ambient Air Quality Control › Subtitle 6 - Enforcement; Penalties › Section 2-604 - Orders -- Corrective Orders

(a)    A corrective order issued under this subtitle shall:
(1)    Specify the provision that allegedly has been violated;
(2)    Describe the nature and extent of the alleged violation;
(3)    Require corrective action within a time specified in the order; and
(4)    State that the person charged will receive a hearing if the person requests the hearing within 10 days after service.
(b)    Each corrective order issued under this subtitle shall be in writing and shall be served:
(1)    As a summons is served under the Maryland Rules; or
(2)    By certified mail.
(c)    Unless the person charged with a corrective order requests a hearing within 10 days after service, the corrective order becomes a final order.
(d)    If the person charged with a corrective order makes a timely request for a hearing under subsection (c) of this section, the Secretary shall:
(1)    Hold a hearing within 20 days after the request is made; and
(2)    Give the person written notice of the date, time, and place of the hearing, at least 10 days before the hearing date.
2023 Maryland Statutes › Environment › Title 2 - Ambient Air Quality Control › Subtitle 6 - Enforcement; Penalties › Section 2-605 - Orders -- Hearings

(a)    The Department shall give notice of and hold any hearing held under § 2-603 or § 2-604 of this subtitle in accordance with the Administrative Procedure Act and the requirements of this section.
(b)    Before the hearing, the person charged, on request, shall be given an opportunity to examine all information and reports that relate to the alleged offense.
(c)    The person charged may be represented at the hearing by counsel.
(d)    A person may withhold information about secret processes or methods of manufacture or production from any public hearing under this subtitle, and the Department and its personnel shall keep confidential any such information that it requires, ascertains, or discovers.
(e)    Testimony taken at the hearing shall be under oath and recorded.
(f)    Copies of the transcript and of any other record of the hearing shall be provided to the person charged at that person’s request and expense.
(g)    (1)    The Secretary or a designee of the Secretary may issue subpoenas for any person or evidence and administer oaths in connection with any proceeding under this section.
(2)    At the request and the expense of the person charged, the Secretary or a designee of the Secretary shall subpoena any person or evidence on behalf of the person charged.
(3)    If a person fails to comply with a notice of hearing or a subpoena issued under this section, the circuit court for the county where the person charged resides, on petition of the Secretary, may:
(i)    Compel obedience to the notice or subpoena; or
(ii)    Compel testimony or the production of evidence.
2023 Maryland Statutes › Environment › Title 2 - Ambient Air Quality Control › Subtitle 6 - Enforcement; Penalties › Section 2-606 - Orders -- Action After Hearing

On the basis of the evidence produced at a hearing, the Secretary or the designated hearing officer may issue a corrective or other final order:
(1)    Granting an exception from a rule or regulation adopted under this title on such conditions as the Secretary may determine; or
(2)    Directing the person charged to comply, within a specified time, with any rule or regulation that the person is found to be violating.
2023 Maryland Statutes › Environment › Title 2 - Ambient Air Quality Control › Subtitle 6 - Enforcement; Penalties › Section 2-607 - Orders -- Judicial Review

(a)    (1)    Any person aggrieved by a final decision of the Secretary or the designated hearing officer in connection with a show–cause order, a corrective order, or any other final order issued under this subtitle may take a direct judicial appeal.
(2)    The appeal shall be made as provided for judicial review of final decisions in the Administrative Procedure Act.
(b)    An appeal under this section does not stay automatically the order from which the appeal is taken.
2023 Maryland Statutes › Environment › Title 2 - Ambient Air Quality Control › Subtitle 6 - Enforcement; Penalties › Section 2-608 - Department to Secure Compliance

(a)    Within 1 year after the Department issues a show–cause order or a corrective order, the Department shall take final action and attempt to secure compliance with any final order. If the Department has not secured compliance within this period, the Department shall take immediate steps to seek enforcement under § 2–609 of this subtitle.
(b)    Nothing in this section prohibits the Department from bringing an action under § 2–609 of this subtitle within 1 year after the Department issues a show–cause order or a corrective order under this subtitle.
2023 Maryland Statutes › Environment › Title 2 - Ambient Air Quality Control › Subtitle 6 - Enforcement; Penalties › Section 2-609 - Enforcement Actions

(a)    The Department may bring:
(1)    An action to enjoin any conduct that violates any provision of this title or any rule, regulation, or order adopted or issued under this title; or
(2)    A civil action to collect a civil penalty under § 2-610 of this subtitle.
(b)    The right to bring an action under subsection (a) of this section is in addition to and not instead of the right to bring any other action under that subsection.
(c)    For good cause shown, the court that hears a proceeding to enforce an order issued under this subtitle may grant, without further penalty to the violator, a reasonable extension of time to abate the violation.
2023 Maryland Statutes › Environment › Title 2 - Ambient Air Quality Control › Subtitle 6 - Enforcement; Penalties › Section 2-609.1 - Criminal Penalty

(a)    In this section, “approval” means approval for prevention of significant deterioration or approval of new sources in nonattainment areas.
(b)    (1)    (i)    A person may not knowingly act or fail to act in violation of a condition or requirement imposed on the person by a permit or approval issued under this title.
(ii)    A person may not knowingly fail to obtain a permit or approval that the person knows or should have known is required under this title.
(iii)    A person may not violate a duty imposed on the person by a rule, regulation, order, or approved plan for compliance adopted or issued under this title with knowledge that the person’s conduct constitutes a violation of the duty.
(2)    A person who violates a provision of this subsection is guilty of a misdemeanor and on conviction is subject to:
(i)    For a first offense, a fine not exceeding $25,000 or imprisonment not exceeding 1 year or both; or
(ii)    For a violation committed after a first conviction under this section, a fine not exceeding $50,000 or imprisonment not exceeding 2 years or both.
(3)    Each day on which violations occur is a separate violation under this subsection.
(4)    This subsection does not apply to violations enumerated in subsection (c) of this section.
(c)    A person is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10,000 for each day of violation or imprisonment not exceeding 6 months or both if the person:
(1)    Knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this title or any rule, regulation, order, approved plan for compliance, approval, or permit adopted or issued under this title; or
(2)    Knowingly falsifies, tampers with, or renders inaccurate any monitoring device or methods required to be maintained under this title or any rule, regulation, order, approved plan for compliance, approval, or permit adopted or issued under this title.
2023 Maryland Statutes › Environment › Title 2 - Ambient Air Quality Control › Subtitle 6 - Enforcement; Penalties › Section 2-610 - Civil Penalty

(a)    A person who violates any provision of this title or any rule, regulation, or order adopted or issued under this title is liable for a civil penalty not exceeding $25,000, to be collected in a civil action in the circuit court for any county. Each day a violation continues is a separate violation under this section.
(b)    If the Attorney General concurs, the Secretary may compromise and settle any claim for a civil penalty under this section.
(c)    If, within 36 months after a civil penalty is compromised and settled under subsection (b) of this section, the person against whom the penalty is imposed satisfies the Secretary that the violation has been eliminated or the order has been satisfied, the Secretary, with the concurrence of the Attorney General, may return to the person not more than 75 percent of the amount of the penalty paid.
2023 Maryland Statutes › Environment › Title 2 - Ambient Air Quality Control › Subtitle 6 - Enforcement; Penalties › Section 2-610.1 - Additional Civil Penalties

(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, Subtitle 4 of Title 6 of this article, or any rule, regulation, order, plan for compliance, registration, or permit adopted or issued under those provisions.
(b)    Before taking any action under this section, the Department shall provide the alleged violator with written notice of the proposed action and an opportunity for an informal meeting.
(c)    (1)    The penalty imposed on a person under this section shall be:
(i)    Up to $2,500 for each violation;
(ii)    Not more than $50,000 total for any single administrative hearing; and
(iii)    Assessed with consideration given to:
1.    The willfulness of the violation, 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, including injury to or impairment of the air quality or the natural resources of this State;
3.    The cost of control;
4.    The nature and degree of injury to or interference with general welfare, health, and property;
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 controlling, reducing, or eliminating the emissions that caused the violation; and
7.    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 2 - Ambient Air Quality Control › Subtitle 6 - Enforcement; Penalties › Section 2-611 - Plan for Compliance

(a)    A person is not subject to action for a violation of this title or any rule or regulation adopted under this title so long as the person acts in accordance with a plan for compliance that:
(1)    The person has submitted to the Secretary; and
(2)    The Secretary has approved, with or without amendments, on the recommendation of the Air Management Administration.
(b)    The Secretary shall act on any plan for compliance within 90 days after the plan for compliance is submitted to the Secretary.