reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Environment › Title 3 - Noise Control › Subtitle 4 - Rulemaking and Enforcement › Section 3-406 - Civil Penalty

(a)    A person who willfully violates any provision of this title or any rule, regulation, or order adopted or issued under this title is liable to a civil penalty not exceeding $10,000, to be collected in a civil action brought by a political subdivision in the circuit court for any county. Each day a violation continues is a separate violation under this section.
(b)    The political subdivision may compromise and settle any claim for a civil penalty under this section.
(c)    If, within 1 year after a civil penalty is compromised and settled under subsection (b) of this section, the person against whom the penalty is imposed satisfies the political subdivision that the violation has been eliminated or the order has been satisfied, the political subdivision may return to the person not more than 75 percent of the penalty paid.
(d)    An action under this section is in addition to and not instead of an action for injunctive relief under § 3–405 of this subtitle.
2023 Maryland Statutes › Environment › Title 3 - Noise Control › Subtitle 4 - Rulemaking and Enforcement › Section 3-407 - Plan for Compliance

A person is not subject to action for a violation of a provision 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 political subdivision; and
(2)    The political subdivision has approved, with or without amendments.
2023 Maryland Statutes › Environment › Title 3 - Noise Control › Subtitle 5 - Duties and Authority of Units of State Government › Section 3-502 - Support of State Noise Control Policy

To the fullest extent consistent with its authority under a law that it administers, a unit shall carry out programs that the unit administers to further the policy of the State to provide people with an environment free from noise that:
(1)    May jeopardize health, general welfare, and property; or
(2)    Degrades the quality of life.
2023 Maryland Statutes › Environment › Title 3 - Noise Control › Subtitle 5 - Duties and Authority of Units of State Government › Section 3-503 - Compliance With Noise Control Requirements

A unit shall comply with federal, State, and interstate requirements concerning the control of environmental noise if the unit:
(1)    Has jurisdiction over any property or facility; or
(2)    Engages in any activity that results, or may result, in the emission of noise.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 1 - Sediment Control › Section 4-101 - Legislative Findings; Criteria and Procedures to Implement and Enforce Control Programs

The General Assembly determines and finds that lands and waters comprising the watersheds of the State are great natural assets and resources. As a result of erosion and sediment deposit on lands and in waters within the watersheds of the State, these waters are being polluted and despoiled to such a degree that fish, marine life, and recreational use of the waters are being affected adversely. To protect the natural resources of the State, the Secretary of the Environment, in consultation with the Secretary of Natural Resources shall adopt criteria and procedures for the counties and the local soil conservation districts to implement soil erosion control programs. These procedures may provide for departmental review and approval of major grading, sediment, and erosion control plans. These procedures shall provide that the Department of the Environment conduct periodic inspections and review of the implementation by the counties and the local soil conservation districts of these control plans.
Because of the great potential for harm to the waters of the State if soil erosion and sediment control measures are not properly implemented and maintained and because of the cumulative effect on the environment of violations whether the project creating the violations is large or small, it is necessary for the protection of the waters of the State to provide procedures for obtaining immediate compliance with the law, when violations occur.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 1 - Sediment Control › Section 4-101.1 - Definitions

(a)    In this title the following words have the meanings indicated.
(b)    “Large redevelopment site” means any real property:
(1)    Consisting of one or more contiguous parcels that are collectively more than 500 acres;
(2)    That is being used, or was formerly used, for industrial purposes and manufacturing; and
(3)    For which the Department has received:
(i)    One or more applications for participation in the Voluntary Cleanup Program under Title 7, Subtitle 5 of this article; or
(ii)    One or more plans for remedial action by a responsible party, the owner or operator of the site, or a prospective purchaser of the site in accordance with § 7–222 of this article.
(c)    “Person” includes the federal government, the State, any county, municipal corporation, or other political subdivision of the State, or any of their units.
(d)    “Pollution” means any contamination or other alteration of the physical, chemical, or biological properties of any waters of this State, including a change in temperature, taste, color, turbidity, or odor of the waters or the discharge or deposit of any organic matter, harmful organism, or liquid, gaseous, solid, radioactive, or other substances into any waters of this State, that will render the waters harmful or detrimental to:
(1)    Public health, safety, or welfare;
(2)    Domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses;
(3)    Livestock, wild animals, or birds; or
(4)    Fish or other aquatic life.
(e)    “Waters of this State” includes:
(1)    Both surface and underground waters within the boundaries of this State subject to its jurisdiction, including that part of the Atlantic Ocean within the boundaries of this State, the Chesapeake Bay and its tributaries, and all ponds, lakes, rivers, streams, storm drain systems, public ditches, tax ditches, and public drainage systems within this State, other than those designed and used to collect, convey, or dispose of sanitary sewage; and
(2)    The flood plain of free–flowing waters determined by the Department of Natural Resources on the basis of the 100–year flood frequency.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 1 - Sediment Control › Section 4-102 - Exemptions From Subtitle

The provisions of this subtitle do not apply to agricultural land management practices, construction of agricultural structures, or, except in Calvert County, to construction of single-family residences or their accessory buildings that disturb an area of less than one-half acre and occur on lots of two acres or more. Regardless of planning, zoning, or subdivision controls, a county or municipality may not issue a permit for grading or construction of any building, other than those matters exempted by the provisions of this section, unless the grading or construction conforms with plans approved as provided in this subtitle.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 1 - Sediment Control › Section 4-104 - Training of Responsible Personnel

(a)    In this section, “responsible personnel” means any foreman, superintendent, or project engineer who is in charge of on-site clearing and grading operations or sediment control associated with a construction project.
(b)    After July 1, 1983, any applicant for sediment and erosion control plan approval shall certify to the appropriate jurisdiction that any responsible personnel involved in the construction project will have a certificate of attendance at a Department of the Environment approved training program for the control of sediment and erosion before beginning the project. A certificate shall be valid for a 3-year period. A certificate shall be automatically renewed unless the Department of the Environment notifies the certificate holder that additional training is required.
(c)    The appropriate governmental entity authorized to approve grading and sediment control plans may waive the requirement of this section for the responsible personnel on any project involving four or fewer residential units.
(d)    Any person may develop and conduct a training program if the program content and instructor are approved by and meet the requirements set by the Department of the Environment.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 1 - Sediment Control › Section 4-106 - Construction -- Approval by Department or Designee When Undertaken by State or Federal Unit

If a State or federal unit undertakes any construction as defined in § 4–105(a)(1) of this subtitle, the Department or the Department’s designee shall review and approve this action and enforce the provisions of this subtitle and any plans approved under this subtitle.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 1 - Sediment Control › Section 4-109 - Complaints; Orders; Notices

(a)    The Department may issue a written complaint if the Department has reasonable grounds to believe that the person to whom the complaint is directed has violated:
(1)    This subtitle;
(2)    Any rule or regulation adopted under this subtitle; or
(3)    Any sediment control plan approved under this subtitle.
(b)    After or concurrently with service of a complaint under this subtitle, the Department may:
(1)    Issue an order that requires the person to whom the order is directed to take corrective action within a time set in the order;
(2)    Send a written notice that requires the person to whom the notice is directed to file a written report about the alleged violation; or
(3)    Send a written notice that requires the person to whom the notice is directed:
(i)    To appear at a hearing before the Department at a time and place the Department sets to answer the charges in the complaint; or
(ii)    To file a written report and also appear at a hearing before the Department at a time and place the Department sets to answer the charges in the complaint.
(c)    Any order issued under this section is effective immediately, according to its terms, when it is served.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 1 - Sediment Control › Section 4-110 - Stop Work Orders

(a)    If the Department finds that earth moving activity requiring the approval of the appropriate approval authority is being carried on in violation of § 4-105 of this subtitle either because it is being undertaken:
(1)    Without any such approval; or
(2)    Not substantially in accordance with the approved plan or any written recommendations of the approval authority regarding control of erosion and siltation and elimination of pollution, the Department may issue an order requiring the person conducting the work to stop all work, except that work necessary to implement the recommendations of the approval authority, until such time as approval of the activity has been obtained from the approval authority and the sediment control measures required by the authority have been implemented.
(b)    In order to request that a stop work order be lifted, the person to whom the stop work order has been issued shall notify the Department when the required approval has been received and the required sediment control measures have been implemented.
(c)    The Department shall act on a request to lift a stop work order and shall notify the requestor of its approval or denial of the request within 2 working days of the receipt of that request. Any denial must be in writing, providing the reasons therefor. Denial of a request to lift a stop work order solely for reasons pertaining to implementation or maintenance of erosion and sediment control measures shall be based upon an inspection of the construction site by the Department. If the initial request is denied, the Department shall act upon each subsequent request within 10 working days of receipt of that subsequent request.
(d)    A stop work order is effective immediately whether or not a request for a hearing is filed, and remains in effect until lifted in accordance with this subsection.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 1 - Sediment Control › Section 4-111 - Service of Complaints, Orders, Notices, Etc

(a)    Any complaint, order, notice, or other instrument issued by the Department under this subtitle may be served on the person to whom it is directed in accordance with § 1–204 of this article.
(b)    If service is made by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, the person who mails the document shall file with the Department verified proof of mailing.
(c)    Any notice that requires filing of a report, attendance at a hearing, or both shall be served at least 10 days before the earlier of:
(1)    The time set for the hearing, if any;  or
(2)    The time set for the filing of the report, if any.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 1 - Sediment Control › Section 4-112 - Hearings

(a)    The Department shall give notice and hold any hearing under this subtitle in accordance with the Administrative Procedure Act.
(b)    (1)    Any request for a hearing on an order issued under § 4–109(b)(1) of this subtitle or a stop work order under § 4–110(a) of this subtitle or a notice issued under  §  4–109(b)(2) of this subtitle shall be made in writing no later than 10 working days after being served with the order.
(2)    If a request for a hearing on a stop work order issued under § 4–110(a) of this subtitle is made under this subsection, the Department shall:
(i)    Hold the hearing no later than 10 working days after receiving the request; and
(ii)    Render a decision within 10 working days after the hearing.
(c)    The Department may make a verbatim record of the proceedings of any hearing held under this subtitle.
(d)    (1)    In connection with any hearing under this subtitle, the Department may:
(i)    Subpoena any person or evidence; and
(ii)    Order a witness to give evidence.
(2)    A subpoenaed witness shall receive the same fees and mileage reimbursement as if the hearing were part of a civil action.
(3)    If a person fails to comply with a subpoena or order issued under this subsection, on petition of the Department, a circuit court, by order, may:
(i)    Compel obedience to the Department’s order or subpoena; or
(ii)    Compel testimony or the production of evidence.
(4)    The court may punish as a contempt any failure to obey its order issued under this section.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 1 - Sediment Control › Section 4-113 - Final Corrective Orders

(a)    (1)    Unless the person served with an order under § 4-109(b)(1) of this subtitle makes a request for a hearing in accordance with § 4-112(b) of this subtitle, the order is a final order.
(2)    If the person served with an order under § 4-109(b)(1) of this subtitle makes a request for a hearing in accordance with § 4-112(b) of this subtitle, the order becomes a final corrective order in accordance with the Department’s decision following the hearing.
(b)    (1)    If the Department issues a notice under § 4-109(b)(2) or (3) of this subtitle, the Department may not issue an order that requires corrective action by the person to whom the notice is directed until after the later of:
(i)    The conclusion of the hearing, if any; and
(ii)    The review of the report, if any.
(2)    After the time within which the Department may not issue a corrective order has passed, if the Department finds that a violation of this subtitle has occurred, the Department shall issue an order that requires correction of the violation within a time set in the order.
(3)    Any order issued under this subsection is a final corrective order and the person to whom the order is directed is not entitled to a hearing before the Department as a result of the order.
(c)    The Department shall:
(1)    Take action to secure compliance with any final corrective order; and
(2)    If the terms of the final corrective order are violated or if a violation is not corrected within the time set in the order, sue to require correction of the violation.
(d)    This section does not prevent the Department or the Attorney General from taking action against a violator before the expiration of the time limitation or schedules in the order.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 1 - Sediment Control › Section 4-114 - Prerequisites to Department's Exercise of Authority

(a)    Except as provided in subsection (b) of this section, before the Department exercises its authority under § 4-109 or § 4-110 of this subtitle, the Department shall:
(1)    Notify the delegated county or municipality of the violation and the Department’s intended action; and
(2)    Provide reasonable opportunity for a joint inspection with a representative of the delegated county or municipality.
(b)    If the Department determines that there is a substantial threat to the environment, the Department may take appropriate enforcement action without first providing a reasonable opportunity for a joint inspection under subsection (a)(2) of this section.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 2 - Stormwater Management › Section 4-201 - Legislative Findings; Intent of Subtitle

The General Assembly finds that the management of stormwater runoff is necessary to reduce stream channel erosion, pollution, siltation and sedimentation, and local flooding, all of which have adverse impacts on the water and land resources of Maryland. The General Assembly intends, by enactment of this subtitle, to reduce as nearly as possible the adverse effects of stormwater runoff and to safeguard life, limb, property, and public welfare.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 2 - Stormwater Management › Section 4-201.1 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Environmental site design” means using small–scale stormwater management practices, nonstructural techniques, and better site planning to mimic natural hydrologic runoff characteristics and minimize the impact of land development on water resources.
(c)    “Environmental site design” includes:
(1)    Optimizing conservation of natural features, such as drainage patterns, soils, and vegetation;
(2)    Minimizing use of impervious surfaces;
(3)    Slowing down runoff to maintain discharge timing and to increase infiltration and evapotranspiration; and
(4)    Using other nonstructural practices or innovative stormwater management technologies approved by the Department.
(d)    (1)    “Impervious surface” means a surface that does not allow stormwater to infiltrate into the ground.
(2)    “Impervious surface” includes rooftops, driveways, sidewalks, or pavement.
(e)    “Precipitation data” means historical data that describes the relationship between precipitation intensity, duration, and return period.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 2 - Stormwater Management › Section 4-202 - Implementation of Management Program

By July 1, 1984, each county and municipality shall adopt ordinances necessary to implement a stormwater management program. These stormwater management programs shall be consistent with flood management plans, if any, developed under Title 5, Subtitle 8 of this article for a particular watershed, shall meet the requirements established by the Department under § 4-203 of this subtitle, and shall be consistent with the purposes of this subtitle.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 2 - Stormwater Management › Section 4-205 - Construction Activities of State or Federal Agencies

(a)    The provisions of § 4–204 of this subtitle do not apply to the construction activities of State or federal agencies.
(b)    After July 1, 1984, a State or federal agency may not undertake any land clearing, soil movement, or construction activity involving soil movement unless the agency has submitted and obtained approval of a stormwater management plan from the Department or the Department’s designee.
(c)    (1)    On the request of a county or municipality, the Department or the Department’s designee shall require that a State or federal agency submit a stormwater management plan to the requesting jurisdiction for review and comment, which review and comment shall be completed, returned, and received by the State or federal agency within 21 calendar days of receipt of the plan.
(2)    The Department or the Department’s designee shall require that the State or federal agency include the local jurisdictions’ comments that are received within the time period required under paragraph (1) of this subsection as part of its stormwater management plan which is submitted for approval to the Department.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 2 - Stormwater Management › Section 4-206 - Inspection and Review of Management Program

(a)    After July 1, 1984, the Department shall periodically, but at least once every 3 years, inspect and review the stormwater management programs of the counties and municipalities and their field implementation.
(b)    These periodic reviews shall be conducted under rules and regulations adopted by the Department.
(c)    The Department shall publish the results of the periodic review required under this section in 1 document and conduct a public informational meeting concerning the reviews.
(d)    If a county or municipality is found to have an unacceptable stormwater management program after the periodic review and inspection, the Department may in addition to other sanctions authorized by law issue an order requiring that necessary corrective action be taken within a reasonably prescribed time.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 2 - Stormwater Management › Section 4-208 - Complaints

The Department shall issue a written complaint if the Department has reasonable grounds to believe that the person to whom the complaint is directed has violated:
(1)    This subtitle;
(2)    Any rule or regulation adopted under this subtitle; or
(3)    Any stormwater management plan approved under this subtitle.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 2 - Stormwater Management › Section 4-209 - Issuance of Notice or Order

(a)    After or concurrently with service of a complaint under this subtitle, the Department may:
(1)    Issue an order that requires the person to whom the order is directed to take corrective action within a time set in the order;
(2)    Send a written notice that requires the person to whom the notice is directed to file a written report about the alleged violation; or
(3)    Send a written notice that requires the person to whom the notice is directed:
(i)    To appear at a hearing before the Department at a time and place the Department sets to answer the charges in the complaint; or
(ii)    To file a written report and also appear at a hearing before the Department at a time and place the Department sets to answer the charges in the complaint.
(b)    Any order issued under this section is effective immediately, according to its terms, when it is served.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 2 - Stormwater Management › Section 4-210 - Service

(a)    Any complaint, order, notice, or other instrument issued by the Department under this subtitle may be served on the person to whom it is directed in accordance with § 1–204 of this article.
(b)    If service is made by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, the person who mails the document shall file with the Department verified proof of mailing.
(c)    Any notice that requires filing of a report, attendance at a hearing, or both shall be served at least 10 days before the earlier of:
(1)    The time set for the hearing, if any;  or
(2)    The time set for the filing of the report, if any.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 2 - Stormwater Management › Section 4-211 - Hearings

(a)    The Department shall give notice and hold any hearing under this subtitle in accordance with the Administrative Procedure Act.
(b)    Within 10 days after being served with an order under § 4–209(a)(1) of this subtitle or a notice under § 4–209(a)(2) of this subtitle, the person served may request in writing a hearing before the Department.
(c)    The Department may make a verbatim record of the proceedings of any hearing held under this subtitle.
(d)    (1)    In connection with any hearing under this subtitle, the Department may:
(i)    Subpoena any person or evidence; and
(ii)    Order a witness to give evidence.
(2)    A subpoenaed witness shall receive the same fees and mileage reimbursement as if the hearing were part of a civil action.
(3)    If a person fails to comply with a subpoena or order issued under this subsection, on petition of the Department, a circuit court, by order, may:
(i)    Compel obedience to the Department’s order or subpoena; or
(ii)    Compel testimony or the production of evidence.
(4)    The court may punish as a contempt any failure to obey its order issued under this section.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 2 - Stormwater Management › Section 4-212 - Final Corrective Orders

(a)    (1)    Unless the person served with an order under § 4-209(a)(1) of this subtitle makes a request for a hearing in accordance with § 4-211(b) of this subtitle, the order is a final order.
(2)    If the person served with an order under § 4-209(a)(1) of this subtitle makes a request for a hearing in accordance with § 4-211(b) of this subtitle, the order becomes a final corrective order in accordance with the Department’s decision following the hearing.
(b)    (1)    If the Department issues a notice under § 4-209(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 conclusion of the hearing, if any; and
(ii)    The review of the report, if any.
(2)    After the time within which the Department may not issue a corrective order has passed, if the Department finds that a violation of this subtitle has occurred, the Department shall issue an order that requires correction of the violation within a time set in the order.
(3)    Any order issued under this subsection is a final corrective order and the person to whom the order is directed is not entitled to a hearing before the Department as a result of the order.
(c)    The Department shall:
(1)    Take action to secure compliance with any final corrective order; and
(2)    If the terms of the final corrective order are violated or if a violation is not corrected within the time set in the order, sue to require correction of the violation.
(d)    This section does not prevent the Department or the Attorney General from taking action against a violator before the expiration of the time limitation or schedules in the order.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 2 - Stormwater Management › Section 4-213 - Notice to County or Municipality; Joint Inspections

(a)    Except as provided in subsection (b) of this section, before the Department exercises its authority under § 4-208 or § 4-209 of this subtitle, the Department shall:
(1)    Notify the county or municipality of the violation and the Department’s intended action; and
(2)    Conduct a joint inspection with a representative of the county or municipality.
(b)    If the Department determines that there is a substantial threat to the environment, the Department may take appropriate enforcement action without first conducting a joint inspection under subsection (a)(2) of this section.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 3 - Watershed Sediment and Waste Control › Section 4-301 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Patuxent River Watershed” means the land and water area from which all water drains either directly or indirectly to the Patuxent River.
(c)    “Severn River Watershed” means the land and water area from which all water drains either directly or indirectly to the Severn River.
(d)    “Watershed” means the Patuxent River Watershed and the Severn River Watershed.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 3 - Watershed Sediment and Waste Control › Section 4-302 - Legislative Declaration

The General Assembly declares that the Patuxent River and the Severn River are a great natural asset and resource to the State and the counties through which they run. As a result of poorly treated effluent discharged from sewage disposal plants and erosion and silt deposited in the rivers from construction and development on land in the Watershed, the Patuxent River and Severn River are being polluted and despoiled to a degree that fish, marine life, and recreational use of the rivers are being adversely affected and curtailed.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 3 - Watershed Sediment and Waste Control › Section 4-302.1 - Patuxent River Watershed

(a)    On or before January 1, 2012, unless a more advanced upgrade or upgrade schedule is required by a State or federal law or regulation, if funding is available from the Bay Restoration Fund, a nonfederal, publicly owned wastewater treatment plant that discharges wastewater into the Patuxent River or any of its tributaries and has a design capacity of at least 500,000 gallons per day shall upgrade to enhanced nutrient removal, as defined under § 9-1601 of this article.
(b)    On or before January 1, 2016, unless a more advanced upgrade or upgrade schedule is required by a State or federal law or regulation, if funding is available from the Bay Restoration Fund, a nonfederal wastewater treatment plant that discharges wastewater into the Patuxent River or any of its tributaries and has a design capacity of at least 50,000 gallons per day shall upgrade to enhanced nutrient removal, as defined under § 9-1601 of this article.
(c)    On or before January 1, 2020, unless a more advanced upgrade or upgrade schedule is required by a State or federal law or regulation, if funding is available from the Bay Restoration Fund, a nonfederal wastewater treatment plant that discharges wastewater into the Patuxent River or any of its tributaries and has a design capacity that is less than 50,000 gallons per day shall upgrade to enhanced nutrient removal, as defined under § 9-1601 of this article.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 3 - Watershed Sediment and Waste Control › Section 4-303 - Standards for Sewage Treatment Plants

Every person who disposes of or treats sewage in the Watershed shall anticipate the need for advanced waste treatment and removal of nutrients, in providing land and planning construction of sewage treatment plants, so that effluent from sewage treatment plants is sufficiently treated to meet the effluent water quality standard for bacteriological values, dissolved oxygen, pH, and temperature conditions defined by the Secretary of the Environment. Every future sewage treatment plant located within the Watershed shall be constructed to conform with these standards.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 3 - Watershed Sediment and Waste Control › Section 4-304 - Sewage Disposal Plan

(a)    Any owner or operator of a sewage disposal plant which does not meet the prescribed water quality standards, within 180 days’ notice of failure to meet these standards, shall submit an improved sewage disposal plan to the Department of the Environment for approval. The Department of the Environment, within ten days, shall refer copies of the plan to the appropriate county governing unit of the county in which the plant is located, the Department of Natural Resources and, in Montgomery and Prince George’s counties, to the Washington Suburban Sanitary Commission and the Maryland–National Capital Park and Planning Commission, for review and recommendation. They have 30 days to respond to the Department of the Environment.
(b)    The sewage plan shall indicate necessary improvements required to ensure that purity of the effluent meets required standards, and shall include a time schedule to construct necessary improvements within 3 years.
(c)    If the applicant or any unit requests, the Department of the Environment shall hold a hearing on the plan after at least ten days’ notice to the applicant and units to which the referral was made. The Department of the Environment shall approve the plan within 90 days after the owner or operator submits the plan. The Department of the Environment may make any amendment or modification it determines, in accordance with the prescribed standards.
(d)    If the owner or operator of the sewage disposal plant fails to submit a plan or construct necessary improvements in accordance with the approved plan, the appropriate county governing body of the county, or in Montgomery and Prince George’s counties, the Washington Suburban Sanitary Commission, upon 30 days’ written notice from the Department of the Environment that compliance has not been made with the requirements of this section, shall proceed to complete the necessary plan and work so the sewage disposal plant will conform to the prescribed standards.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 3 - Watershed Sediment and Waste Control › Section 4-305 - Liability of Plant Owners and Operators for Funds Expended by County or Governmental Unit; Lien

The sewage disposal plant owner or operator shall be liable to the county or governmental unit for funds expended for sewage improvements, costs, and attorneys’ fees. The sewage improvement expenses, costs and fees constitute a lien against the property if recorded and indexed as provided in this subtitle and are collectable as taxes.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 3 - Watershed Sediment and Waste Control › Section 4-306 - Analysis of Stream Samples by County Health Department

The county health department in each county, on at least a monthly basis, shall take a stream sample at the critical point of every sewage disposal plant’s point of discharge within the Watershed in its county. It shall deliver copies of the analyses of each sample to the appropriate operator, the Department of the Environment, and other units stated in § 4–304 of this subtitle.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 3 - Watershed Sediment and Waste Control › Section 4-307 - Discharge of Sewage or Waste Into River

A person may not discharge raw sewage or any other waste into the Patuxent River, the Severn River, or any of their tributaries. For the purpose of this subtitle, oyster and clam shells, and materials used in the culture of marine life are not considered waste. Also a discharge from a sewage treatment plant operating pursuant to the provisions of § 4–303 of this subtitle is not considered waste for the purposes of this section.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 3 - Watershed Sediment and Waste Control › Section 4-308 - Approval and Certification Prerequisite to Issuance of Grading and Building Permit Within Severn River Watershed; Approval of Plans for Construction of Public Roads and Buildings

(a)    Anne Arundel County or the City of Annapolis may issue a grading or building permit within the Severn River Watershed only after the developer submits a plan of development approved by the soil conservation district. If the development plan contains any septic or private sewer facility, the Department of the Environment shall approve it only if the facility will not contribute in any way to pollution of the Severn River. The developer shall submit a certificate from a professional engineer, a professional land surveyor, or a licensed landscape architect stating that the developer’s plan to control silt and erosion is adequate to contain the silt and erosion on the property covered by the plan. Also, the developer shall submit another certificate stating that any construction or development will be done according to the plan. A subdivision developer shall obtain approval of the plan at the time of approving and recording of the subdivision plat. In addition to any other penalty provided in this subtitle, if a developer violates his certificate, then every permit issued pursuant to the certificate is void.
(b)    A State, county, or municipal road, building, or structure may not be constructed, relocated, or enlarged within the Severn River Watershed until plans have been submitted to and approved by the soil conservation district.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 3 - Watershed Sediment and Waste Control › Section 4-309 - Restriction Upon Issuance of Grading and Building Permits in Severn River Watershed

Notwithstanding present planning, zoning, or subdivision controls, a permit may not be issued for grading or constructing any building, unless the grading or constructing is pursuant to any plan approved as provided in § 4–308 of this subtitle.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 3 - Watershed Sediment and Waste Control › Section 4-310 - Procedure for Erosion and Sedimentation Control for Severn River Watershed

When any stripping, grading, excavating, or filling is done, the soil conservation district first shall approve the proposed earth change before a grading permit is issued. Stripping, grading, and constructing shall be done in accordance with the recommendations of the soil conservation district to control erosion and siltation. The Department of the Environment shall cooperate with and assist the soil conservation district to perform its responsibilities. The appropriate department of Anne Arundel County or the City of Annapolis promptly shall file a copy of the inspection reports with the soil conservation district. On completion and compliance with every condition set forth in the grading permit, the soil conservation district shall be notified.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 3 - Watershed Sediment and Waste Control › Section 4-311 - Riparian Right to Use Water for Agriculture Not Lost When Land Taken by Condemnation in Severn River Watershed

Any person who has the riparian right to use water in the Severn River Watershed for agricultural purposes may not lose this right because the State or local government or any of their units condemns the person’s land.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 3 - Watershed Sediment and Waste Control › Section 4-312 - Notice of Lien Created Under Subtitle in Favor of County or Governmental Unit

(a)    Any lien created in favor of a county or governmental unit pursuant to this subtitle is effective against the person against whose property the lien exists. However, the lien is not effective against any third party unless written notice of the lien is recorded and indexed in a permanent record maintained in the office of the clerk of the circuit court in each county in which the property subject to the lien or any part of it is located.
(b)    The notice shall contain the name and address of the person against whose property the lien exists, the name and address of the county or governmental unit, the amount of the lien, a description or reference to the property subject to the lien, and the date the lien was created.
(c)    On presentation of a release of any lien of the county or governmental unit, the clerk of the proper court in which the lien is recorded and indexed shall record and index the release and shall note in the lien docket the date the release is filed and the fact that the lien is released.
(d)    The clerk of the proper court shall provide a suitable well-bound book, at the expense of the county or governmental unit, to be called the Watershed treatment plant lien docket, in which the notice of lien shall be recorded and indexed. The clerk may not collect more than $2 for recording and indexing each lien or release of any lien.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 3 - Watershed Sediment and Waste Control › Section 4-313.1 - Penalties for Violations of 4-302.1(b)(1), (C) or (D)

(a)    (1)    The Department shall impose an administrative civil penalty on a person who owns or operates a sewage treatment plant that is in violation of § 4-302.1(b)(1), (c), or (d) of this subtitle.
(2)    The person accused of the violation shall have the right to a hearing but may waive that right in writing.
(3)    The penalty imposed under this subsection shall be:
(i)    $5 for each pound of phosphorus discharged monthly in violation of § 4-302.1(b)(1) of this subtitle; and
(ii)    $2 for each pound of nitrogen discharged monthly in violation of § 4-302.1(c) or (d) of this subtitle.
(b)    (1)    Except as provided in paragraph (2) of this subsection, a penalty imposed under this section may not be:
(i)    Waived;
(ii)    Reduced; or
(iii)    Used to assist the penalized person in upgrading a sewage treatment plant.
(2)    A penalty imposed under this section may be waived if the phosphorus or nitrogen discharged in violation of § 4-302.1 of this subtitle is due to an act of God or, if it could not reasonably have been anticipated by the owner or operator of the sewage treatment plant, a power outage or a massive leakage of any pollutant that contaminates the wastewater being treated.
(c)    The Department shall deposit the penalties collected under this section in the Maryland Clean Water Fund created under § 9-320 of this article.
(d)    The Department shall collect the penalties required to be imposed under subsection (a) of this section on a monthly basis beginning on:
(1)    February 15, 1989 for violations of § 4-302.1(b)(1) of this subtitle; and
(2)    November 15, 1991 for violations of § 4-302.1(c) or (d) of this subtitle.
(e)    The penalties required to be imposed under this section are in addition to any other penalties provided by law.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 3 - Watershed Sediment and Waste Control › Section 4-314 - Violations and Penalties

Any person who violates any provision of this subtitle is guilty of a misdemeanor and is subject to a fine not exceeding $5,000, or imprisonment not exceeding one year or both for each violation, with costs imposed in the discretion of the court.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 4 - Water Pollution Control and Abatement › Section 4-402 - Declaration of Public Policy

Because the quality of the waters of this State is vital to the public and private interests of its citizens and because pollution constitutes a menace to public health and welfare, creates public nuisances, is harmful to wildlife, fish and aquatic life, and impairs domestic, agricultural, industrial, recreational, and other legitimate beneficial uses of water, and the problem of water pollution in this State is closely related to the problem of water pollution in adjoining states, it is State public policy to improve, conserve, and manage the quality of the waters of the State and protect, maintain, and improve the quality of water for public supplies, propagation of wildlife, fish and aquatic life, and domestic, agricultural, industrial, recreational, and other legitimate beneficial uses. Also, it is State public policy to provide that no waste is discharged into any waters of this State without first receiving necessary treatment or other corrective action to protect the legitimate beneficial uses of this State’s waters, and to provide and promote, through innovative and alternative methods of waste and wastewater treatment, prevention, abatement, and control of new or existing water pollution. The Department shall cooperate with the agencies of other states and the federal government in carrying out these objectives.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 4 - Water Pollution Control and Abatement › Section 4-403 - Construction and Purpose of Subtitle; Remedies Additional and Cumulative

This subtitle may not be construed as repealing any State law relating to water pollution or conservation. This subtitle is supplementary to those laws, except to the extent that the provisions are in direct conflict with one another. It is the purpose of this subtitle to provide additional and cumulative remedies to prevent, abate, and control the pollution of the waters of the State. This subtitle may not be construed to abridge or alter rights of action or remedies in equity under existing common law, statutory law, criminal or civil, nor may any provision of this subtitle, or any act done pursuant to it, be construed as estopping any person, as riparian owner or otherwise, in the exercise of his rights in equity, under the common law, or statutory law to suppress nuisances or abate pollution.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 4 - Water Pollution Control and Abatement › Section 4-406 - Development of Program to Respond to Emergency Oil Spillage

The Department is responsible for developing a program, including training, to enable the State to respond to an emergency oil spillage in waters of the State. The Department shall coordinate efforts of the various State and local units aiding in the operation and may request the aid of any appropriate federal agency if necessary.