reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 20 - Personal Care Products › Section 9-2001 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Biodegradable” means capable of decomposing:
(1)    In a marine environment; and
(2)    In wastewater treatment plant processes in accordance with relevant established guidelines identified by the Department, such as:
(i)    ASTM International;
(ii)    Organisation for Economic Co–operation and Development;
(iii)    International Organization for Standardization; or
(iv)    Other comparable organizations or authorities.
(c)    “Over–the–counter drug” means a drug that is a personal care product that contains a label, drug fact panel, or list of the active ingredients that identifies the product as a drug as required under 21 C.F.R. Section 201.66 (Format and Content Requirements for Over–the–Counter (OTC) Drug Product Labeling).
(d)    (1)    “Personal care product” means a manufactured good or a component of a manufactured good that is intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body for purposes of cleansing, beautifying, promoting attractiveness, or altering appearance.
(2)    “Personal care product” does not include a prescription drug.
(e)    “Plastic” means a synthetic material that is made from linking monomers through a chemical reaction to create an organic polymer chain that can be molded or extruded at high heat into various solid forms that retain a defined shape during use by a consumer.
(f)    “Synthetic plastic microbead” means any intentionally added solid plastic particle that is not biodegradeable that:
(1)    Measures less than 5 millimeters in size; and
(2)    Is used in a rinse–off personal care product for exfoliation or cleansing purposes.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 20 - Personal Care Products › Section 9-2002 - Manufacture or Sale of Products Containing Synthetic Plastic Microbeads Prohibited

(a)    (1)    This subsection does not apply to over–the–counter drugs.
(2)    On or after December 31, 2017, a person may not manufacture for sale a personal care product that contains synthetic plastic microbeads.
(3)    On or after December 31, 2018, a person may not accept for sale a personal care product that contains synthetic plastic microbeads.
(b)    (1)    On or after December 31, 2018, a person may not manufacture for sale an over–the–counter drug that contains synthetic plastic microbeads.
(2)    On or after December 31, 2019, a person may not accept for sale an over–the–counter drug that contains synthetic plastic microbeads.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 20 - Personal Care Products › Section 9-2003 - Biodegradable Guidelines -- Regulations; Periodic Review

(a)    The Department shall adopt regulations identifying biodegradable guidelines that are acceptable for use by a wastewater treatment plant.
(b)    The Department shall periodically review the biodegradable guidelines to ensure that the most scientifically effective methods are being utilized to prevent, to the maximum extent practicable, the entrance of synthetic plastic microbeads in the natural aquatic environment of the State.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 21 - Plastic Products › Section 9-2101 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “ASTM D6400 standard specification” means the standard specification for labeling of plastics designed to be aerobically composted in municipal or industrial facilities set by the American Society for Testing and Materials.
(c)    “ASTM D6868 standard specification” means the standard specification for labeling of end items that incorporate plastics and polymers as coatings or additives with paper and other substrates designed to be aerobically composted in municipal or industrial facilities set by the American Society for Testing and Materials.
(d)    “ASTM D5988 standard test method” means the standard test method for determining aerobic biodegradation of plastic materials in soil set by the American Society for Testing and Materials.
(e)    “Biodegradable mulch film” or “soil degradable ag mulch film” means a film plastic product used as a technical tool in commercial farming that biodegrades in soil after being used and meets the standards specified under § 9–2102(c) of this subtitle.
(f)    “Federal Guides for the Use of Environmental Marketing Claims” means the federal guides established by the Federal Trade Commission under Title 20, Part 260 of the Code of Federal Regulations.
(g)    “Film plastic product” means a bag, a sack, a wrap, or any other thin plastic sheet film product.
(h)    (1)    “Food or beverage product” means a product that is:
(i)    Used for food and drink; and
(ii)    Made of plastic or paper with a plastic coating.
(2)    “Food or beverage product” includes:
(i)    Containers;
(ii)    Food service ware and utensils; and
(iii)    Straws and lids.
(i)    “ISO 17556 standard test method” means the standard test method means for determining the ultimate aerobic biodegradability of plastic materials in soil by measuring the oxygen demand in a closed respirometer or the amount of carbon dioxide evolved set by the International Organization for Standardization.
(j)    (1)    “Plastic product” means a product made of plastic, whether alone or in combination with another material, including paperboard.
(2)    “Plastic product” includes:
(i)    A package or a packaging component;
(ii)    A film plastic product;
(iii)    A food or beverage product; and
(iv)    Any other plastic product or part of a plastic product.
(3)    “Plastic product” does not include a personal care product regulated under Subtitle 20 of this title.
(k)    “Vincotte” means the Belgian–accredited inspection and certification organization.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 21 - Plastic Products › Section 9-2102 - Standards for Biodegradable Plastic Products

(a)    Except as provided in subsection (c) of this section, on or after October 1, 2018, a person may not sell in the State a plastic product that is labeled as biodegradable, degradable, decomposable, or with any other term to imply that the product will break down, fragment, biodegrade, or decompose in a landfill or any other environment.
(b)    On or after October 1, 2018, a person may not sell in the State a plastic product that is labeled as compostable or home compostable unless the plastic product meets the following standards:
(1)    For a plastic product labeled as compostable, the plastic product shall meet:
(i)    1.    The ASTM D6400 standard specification; or
2.    The ASTM D6868 standard specification; and
(ii)    Any applicable labeling guidelines in the federal Guides for the Use of Environmental Marketing Claims.
(2)    For a plastic product labeled as home compostable, the plastic product shall meet:
(i)    The OK Compost Home certification standard adopted by Vincotte; and
(ii)    Any applicable labeling guidelines in the federal Guides for the Use of Environmental Marketing Claims.
(c)    On or after October 1, 2018, a person may not sell in the State a film plastic product labeled as soil degradable ag mulch film or biodegradable mulch film unless the product:
(1)    (i)    Meets the OK Biodegradable Soil certification standard adopted by Vincotte; or
(ii)    At ambient temperatures and in soil, shows at least 90% biodegradation absolute or relative to microcrystalline cellulose in less than 2 years’ time, tested according to the ISO 17556 standard test method or ASTM D5988 standard test method; and
(2)    Fulfills the plant growth and regulated metals requirements under section 6.4 of the ASTM D6400 standard specification.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 21 - Plastic Products › Section 9-2103 - Plastic Bags

(a)    Subject to § 9–2102(b) of this subtitle and subsection (b) of this section, on and after October 1, 2018, a person that distributes or sells a compostable plastic bag intended for sale or distribution by a retailer in the State shall ensure that the compostable plastic bag is:
(1)    Labeled in a manner that is readily and easily identifiable from other plastic bags;
(2)    Labeled in a manner that is consistent with the federal Guides for the Use of Environmental Marketing Claims;
(3)    Labeled with a certification logo indicating the bag meets the ASTM D6400 standard specification; and
(4)    (i)    A uniform color of green and labeled with the word “COMPOSTABLE” in at least a 1 inch font on one side of the bag;
(ii)    Labeled in green writing with the word “COMPOSTABLE” in at least a 1 inch font on both sides of the bag; or
(iii)    Labeled with the word “COMPOSTABLE” in at least a one–half inch font on both sides of the bag within a green color band that:
1.    Contrasts with the compostable bag’s background color; and
2.    Is at least 1 inch in height.
(b)    If a compostable plastic bag is smaller than 14 inches by 14 inches, the compostable bag may be labeled in a manner that is in proportion to the size of the bag.
(c)    A compostable plastic bag sold or distributed in the State may not be labeled as recyclable.
(d)    A provision of this section has effect only to the extent that the provision does not conflict with the federal Guides for the Use of Environmental Marketing Claims.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 21 - Plastic Products › Section 9-2104 - Food or Beverage Products

(a)    Subject to § 9–2102(b) of this subtitle, on and after October 1, 2018, a person that distributes or sells a compostable food or beverage product intended for sale or distribution by a retailer in the State shall ensure that the compostable food or beverage product is labeled:
(1)    In a manner that is readily and easily identifiable from other food or beverage products;
(2)    In a manner that is consistent with the federal Guides for the Use of Environmental Marketing Claims; and
(3)    (i)    With a certification logo indicating the compostable food or beverage product meets the ASTM D6400 standard specification or ASTM D6868 standard specification; or
(ii)    As compostable.
(b)    Subsection (a) of this section has effect only to the extent that the provision does not conflict with the federal Guides for the Use of Environmental Marketing Claims.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 21 - Plastic Products › Section 9-2105 - Penalties

(a)    A person that violates this subtitle is subject to:
(1)    For a first violation, a civil penalty of $500;
(2)    For a second violation, a civil penalty of $1,000; and
(3)    For a third and subsequent violation, a civil penalty of $2,000.
(b)    Any penalties collected under this section shall be paid to the county, municipality, or other local government that brought the enforcement action.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 22 - Expanded Polystyrene › Section 9-2201 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Expanded polystyrene” means blown polystyrene and expanded and extruded foams that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by a number of techniques, including fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion–blow molding (extruded foam polystyrene).
(c)    (1)    “Expanded polystyrene food service product” means a product made of expanded polystyrene that is:
(i)    Used for selling or providing food or beverages; and
(ii)    1.    Intended by the manufacturer to be used once for eating or drinking; or
2.    Generally recognized by the public as an item to be discarded after one use.
(2)    “Expanded polystyrene food service product” includes:
(i)    Food containers;
(ii)    Plates;
(iii)    Hot and cold beverage cups;
(iv)    Trays; and
(v)    Cartons for eggs or other food.
(3)    “Expanded polystyrene food service product” does not include:
(i)    Food or beverages that have been packaged in expanded polystyrene containers before receipt by a food service business;
(ii)    A product made of expanded polystyrene that is used to package raw, uncooked, or butchered meat, fish, poultry, or seafood;
(iii)    Nonfoam polystyrene food service products; or
(iv)    1.    Cartons for eggs that are made of expanded polystyrene that are shipped into the State for packaging; or
2.    Cartons of eggs that have been packaged within the State for sale within the State.
(d)    (1)    “Food service business” means a business in the State that sells or provides food or beverages for consumption on or off the premises.
(2)    “Food service business” includes a business or institutional cafeteria, including a cafeteria operated by or on behalf of the State or a local government.
(e)    “School” includes:
(1)    A public elementary or secondary school;
(2)    A nonpublic elementary or secondary school; and
(3)    An institution of higher education, as defined in § 10–101(h) of the Education Article.
(f)    “Unit of county government” includes:
(1)    A local health department; or
(2)    A local environmental department.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 22 - Expanded Polystyrene › Section 9-2203 - Sale of Expanded Polystyrene Food Service Product

(a)    On or after July 1, 2020, a person may not sell or offer for sale in the State an expanded polystyrene food service product.
(b)    On or after July 1, 2020, a food service business or school may not sell or provide food or beverages in an expanded polystyrene food service product.
(c)    This section does not prohibit a person from storing a food service product for later distribution outside the State.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 22 - Expanded Polystyrene › Section 9-2204 - Public Education and Outreach Campaign

(a)    The Department shall conduct a public education and outreach campaign before and during the implementation of this subtitle.
(b)    The public education and outreach campaign required under subsection (a) of this section shall include:
(1)    Contact with food service businesses, in consultation with  relevant units of county government and relevant trade organizations;
(2)    Contact with schools, in consultation with the Maryland State Department of Education;
(3)    Distribution of information through State Internet and web–based resources; and
(4)    News releases and news events.
(c)    The Department shall conduct a public education and outreach antilittering campaign.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 22 - Expanded Polystyrene › Section 9-2205 - Waiver From Application of 9-2203(b) of This Subtitle

The Department may grant to a food service business or school a waiver from the application of § 9–2203(b) of this subtitle for a period of up to 1 year if the Department determines that achieving compliance under this subtitle would present an undue hardship or a practical difficulty not generally applicable to other food service businesses or schools in similar circumstances.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 22 - Expanded Polystyrene › Section 9-2206 - Enforcement; Penalty; Written Notice; Notification of Violation

(a)    A unit of county government shall enforce § 9–2203 of this subtitle.
(b)    Subject to subsection (c) of this section, a county may impose a penalty not exceeding $250 on:
(1)    A person who violates § 9–2203(a) of this subtitle; or
(2)    A food service business that violates § 9–2203(b) of this subtitle.
(c)    A penalty may not be imposed under this section unless:
(1)    The unit of county government first issues a written notice of violation to the person or the food service business; and
(2)    The violation is not corrected within 3 months of receipt of the written notice.
(d)    A unit of county government shall notify the Department of any violation of § 9–2203 of this subtitle.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 23 - Miscellaneous Consumer Products › Section 9-2301 - Prohibition on Releasing a Balloon Into the Atmosphere -- Penalty for Violation -- Enforcement by Department

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Balloon” means a nonporous bag of tough and light material, generally latex or Mylar, whether filled or unfilled.
(3)    “Mass balloon release” means an event where a person or persons knowingly and intentionally release or cause to be released 10 or more balloons into the atmosphere.
(4)    “Person” means an individual at least 13 years old, a corporation, a partnership, an association, a nonprofit entity, the State, or any unit or political subdivision of the State.
(5)    “Radio tracking device” means an instrument that emanates a signal that allows an operator to determine the position of a released balloon.
(b)    This section does not apply to:
(1)    A balloon that is released for scientific or meteorological purposes:
(i)    By or on behalf of an agency of the State or the United States;
(ii)    In accordance with a contract with the State, the United States, or any other state; or
(iii)    By an institution of higher education conducting research;
(2)    A balloon that is:
(i)    Attached to a radio tracking device; and
(ii)    Released by a person who holds an amateur operator license issued by the Federal Communications Commission;
(3)    A hot air balloon that is recovered after launch; or
(4)    The negligent or unintentional release of a balloon.
(c)    (1)    A person may not knowingly and intentionally release or cause to be released a balloon into the atmosphere.
(2)    A person may not organize or participate in a mass balloon release.
(d)    (1)    A person who violates subsection (c)(1) of this section shall perform 6 hours of community service or watch an educational video on environmental damage caused by human pollution or both.
(2)    A person who violates subsection (c)(2) of this section is subject to a civil penalty not exceeding $100 per violation.
(3)    Each act of releasing, or organizing the release of, a balloon or group of balloons constitutes a separate violation.
(e)    (1)    Except as provided in paragraph (2) of this subsection, the Department shall enforce this section.
(2)    The Department may delegate its authority to enforce this section to an enforcement unit, officer, or official of a county, a municipality, or any other local government.
(3)    An enforcement unit, officer, or official of a local government with delegated authority shall report each violation under this section to the Department.
(4)    The Department shall select, procure, or develop an educational video that does not exceed 1 hour in duration on environmental damage caused by human pollution that a person who violates subsection (c)(1) of this section may view in accordance with subsection (d)(1) of this section.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 24 - Sealant Products › Section 9-2402 - Local Regulation of Sealant Products

(a)    (1)    Except as provided in this section, this subtitle does not limit the power of a county, municipality, or unit of local government to adopt ordinances, rules, or regulations related to sealant products.
(2)    A county, municipality, or unit of local government may not adopt any ordinance, rule, or regulation related to sealant products that are less stringent than the requirements of this subtitle.
(3)    This subtitle does not affect the authority of a county, municipality, or unit of local government to enact and enforce standards or requirements related to sealant products that are more stringent than the requirements of this subtitle.
(b)    This subtitle does not apply to:
(1)    Airports;
(2)    Federal facilities; or
(3)    Military facilities.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 24 - Sealant Products › Section 9-2403 - Sale or Application of High-Pah Sealant Products Prohibited

On or after October 1, 2023, a person may not:
(1)    Supply, sell, or offer for sale a high–PAH sealant product for application to a driveway or parking area in the State; or
(2)    Apply or solicit the application of a high–PAH  sealant product to a driveway or parking area in the State.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 24 - Sealant Products › Section 9-2405 - Violations -- Penalties -- Deposit Into Maryland Clean Water Fund

(a)    Except as provided in subsection (c) of this section, the provisions of §§ 9–334 through 9–344 of this title apply to enforce violations of:
(1)    This subtitle;
(2)    Any regulation adopted under this subtitle; or
(3)    Any order issued under this subtitle.
(b)    Any penalty collected by the Department under this section shall be paid into the Maryland Clean Water Fund established under § 9–320 of this title.
(c)    (1)    A person who violates this subtitle is subject to:
(i)    A civil penalty up to $2,500 for each violation; and
(ii)    An administrative penalty up to $2,500 for each violation, but not exceeding $100,000 total.
(2)    Each day a violation occurs is a separate violation under this section.
2023 Maryland Statutes › Environment › Title 10 - Nuisance Control › Subtitle 1 - General Powers and Duties of Secretary › Section 10-103 - Rules and Regulations

(a)    The Secretary may adopt rules and regulations to govern the character and location of:
(1)    Plumbing;
(2)    Drainage;
(3)    Water supply;
(4)    Offensive trades; and
(5)    Disposal of any waste material, including sewage or garbage.
(b)    The Secretary may adopt rules and regulations to govern the sanitary condition of:
(1)    Streets;
(2)    Cesspools;
(3)    Outhouses; and
(4)    Any sanitary feature connected with any of these.
2023 Maryland Statutes › Environment › Title 10 - Nuisance Control › Subtitle 2 - Nuisance Abatement › Section 10-201 - Investigation and Notice by Health Officers

(a)    The health officer for each county:
(1)    May investigate any condition in the county that is dangerous to human health; and
(2)    Shall investigate and report on the sanitary conditions of schools, places of business, and places of employment in the county.
(b)    Except in Baltimore County, on the written complaint of a physician or of at least 2 persons who claim to be affected by the condition, the health officer for the county where the condition allegedly exists immediately shall investigate any complaint that any of the following is in a condition dangerous to human health:
(1)    Any watercourse, well, spring, open ditch, gutter, cesspool, drain, outhouse, pigpen, or other place.
(2)    Any accumulation or deposit of any substance.
(c)    If the health officer finds that the condition of the place or thing investigated may injure the life or health of any person, the place or thing is in a state of nuisance and the health officer shall serve a written notice to the person who is causing the nuisance, ordering the person to abate the nuisance within a time specified in the notice.
(d)    A person may not refuse or neglect to comply with the requirements of a notice served under this section.
(e)    If a question arises between health officers as to the jurisdiction or duties of a health officer in the abatement of any unhealthy nuisance, the question shall be referred to the Secretary, who shall settle the question.
2023 Maryland Statutes › Environment › Title 10 - Nuisance Control › Subtitle 2 - Nuisance Abatement › Section 10-202 - Investigation and Notice by Secretary

(a)    On the written complaint of 2 physicians or of at least 3 persons who claim to be affected by the condition, the Secretary shall investigate any complaint that any of the following is in a condition that injures any adjacent property or that is dangerous to human health:
(1)    Any watercourse, well, spring, open ditch, gutter, cesspool, drain, outhouse, pigpen, or other place.
(2)    Any accumulation or deposit of offensive or noxious matter.
(3)    Any house, building, trades establishment, or manufacturing place.
(4)    Any water in which mosquito larvae breed.
(b)    (1)    If the Secretary finds that the condition of the place or thing investigated may injure any adjacent property or may injure the life or health of any individual, the place or thing is in a state of nuisance and the Secretary shall serve a written notice to the person who is causing the nuisance, ordering the person to abate the nuisance within a time specified in the notice.
(2)    The notice shall be served:
(i)    On the person who is causing the nuisance; or
(ii)    If the person who is causing the nuisance cannot be found, on the owner or occupant of the property where the nuisance exists.
(c)    (1)    The Secretary may file a complaint in the circuit court for the county where the nuisance exists if:
(i)    The person served with the notice fails to comply with the requirements of the notice; or
(ii)    Although the person served complies with the requirements of the notice, the nuisance is likely to recur on the same property.
(2)    A complaint filed under this subsection may seek a court order requiring the person served with the notice to do any or all of the following:
(i)    To comply with the requirements of the Secretary’s abatement notice.
(ii)    To abate the nuisance within a time specified in the order.
(iii)    To prevent the nuisance from recurring.
2023 Maryland Statutes › Environment › Title 10 - Nuisance Control › Subtitle 2 - Nuisance Abatement › Section 10-203 - Summary Abatement

(a)    (1)    If, after investigation, the Secretary finds that any of the following conditions exists, the place or thing as to which the condition exists is in a state of nuisance:
(i)    The contents overflow or leak from an outhouse, a water closet, a septic tank, or a cesspool and present a hazard to public health.
(ii)    An outhouse, a water closet, or a cesspool is not flytight and watertight and presents a hazard to public health.
(2)    The Secretary summarily may abate any condition that is in a state of nuisance under this subsection.
(b)    Before summarily abating a nuisance under this section, the Secretary shall:
(1)    Serve an abatement order on the owner of the property where the nuisance exists or, if the owner cannot be found, on the occupant or tenant of the property; or
(2)    If the property is unoccupied and the owner cannot be found, attach an abatement order to the property where the nuisance exists.
(c)    (1)    The abatement order shall require and state:
(i)    A time period within which the owner, occupant, or tenant of the property where the nuisance exists shall abate the nuisance; and
(ii)    The work and materials necessary to abate the nuisance.
(2)    The time period within which to abate the nuisance may not be less than 24 hours nor more than 5 days from the date and hour that the order is served.
(d)    (1)    If the owner, occupant, or tenant served with an abatement order fails to abate or only partially abates the nuisance within the time specified in the order, the Secretary or a representative of the Secretary shall:
(i)    Enter on the property; and
(ii)    At the expense of the owner, occupant, or tenant of the property, do any work and use any materials necessary to abate the nuisance.
(2)    The Secretary may not expend more than $500 to abate the nuisance.
(e)    If, within 60 days after the Secretary has completed an abatement under this section, the owner, occupant, or tenant does not pay to the Secretary the cost of the abatement, the Secretary shall file suit against the owner, occupant, or tenant in the district court for the county where the nuisance was abated.
(f)    A person may not:
(1)    Interfere with the Secretary or a representative of the Secretary summarily abating a nuisance under this section; or
(2)    Refuse to allow the Secretary or a representative of the Secretary to enter on any property for the purpose of summarily abating a nuisance under this section.
2023 Maryland Statutes › Environment › Title 10 - Nuisance Control › Subtitle 3 - Prohibited Acts; Penalties › Section 10-301 - Failure to Obey Abatement Notice From Health Officer

A person who refuses or neglects to comply with the requirements of a notice served under § 10-201 of this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50.
2023 Maryland Statutes › Environment › Title 10 - Nuisance Control › Subtitle 3 - Prohibited Acts; Penalties › Section 10-302 - Failure to Obey Judicial Abatement Order

(a)    A person who fails to exercise due diligence under a court order to abate a condition under § 10-202 of this title is guilty of a misdemeanor and on conviction is subject to:
(1)    A fine not exceeding $10 for each day the condition is not abated; and
(2)    The cost of prosecution.
(b)    A person who knowingly or willfully acts contrary to a court order to abate a condition under § 10-202 of this title is guilty of a misdemeanor and on conviction is subject to:
(1)    A fine not exceeding $20 for each day the violation continues; and
(2)    The cost of prosecution.
2023 Maryland Statutes › Environment › Title 10 - Nuisance Control › Subtitle 3 - Prohibited Acts; Penalties › Section 10-303 - Interference With Summary Abatement

In addition to any other penalty provided by law, a person is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 or imprisonment not exceeding 30 days or both, if the person:
(1)    Interferes with the Secretary or a representative of the Secretary summarily abating a nuisance under § 10-203 of this title; or
(2)    Refuses to allow the Secretary or a representative of the Secretary to enter on any property for the purpose of summarily abating a nuisance under § 10-203 of this title.
2023 Maryland Statutes › Environment › Title 10 - Nuisance Control › Subtitle 3 - Prohibited Acts; Penalties › Section 10-304 - Violation of Rules and Regulations

A person who violates any rule or regulation that the Secretary adopts under Subtitle 1 of this title is guilty of a misdemeanor and on conviction is subject to a fine for each offense not exceeding the lesser of the penalty provided by the rule or regulation or $100.
2023 Maryland Statutes › Environment › Title 10 - Nuisance Control › Subtitle 3 - Prohibited Acts; Penalties › Section 10-305 - Nuisances in Cecil County or Allegany County

(a)    In this section, “nuisance” includes:
(1)    Any condition that is dangerous to health or safety, such as an inadequately protected swimming pool or ditch;
(2)    Any condition that may adversely affect the public health, such as an unsanitary outhouse, a foul pigpen, an improperly functioning sewage system, an unkempt junkyard, an unkempt scrap metal processing facility, an excessive accumulation of trash or garbage, dead animals, a contaminated water supply, an inadequately protected water supply, or a rat harborage;
(3)    Housekeeping in any building that is so poor that the health of the owner, occupants, employees, or neighbors may be endangered; and
(4)    Any condition that may endanger health through the spreading of the condition by any means, including by streams, surface drainage, air currents, winged life, domestic animals, or human beings.
(b)    In Cecil County or Allegany County, in addition to any other penalty imposed by this subtitle, a person who refuses or neglects to comply with a notice or order to abate a nuisance by the Secretary, or by the health officer for the county where the nuisance exists, is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 a day for each day the violation continues.
2023 Maryland Statutes › Environment › Title 12 - Waterworks and Waste Systems Operators › Subtitle 1 - Definitions; General Provisions › Section 12-101 - Definitions

(a)    In this title the following words have the meanings indicated.
(b)    “Board” means the State Board of Waterworks and Waste Systems Operators.
(c)    (1)    “Certificate” means, unless the context requires otherwise, a certificate of certification as an operator, industrial operator, or superintendent, issued by the Board.
(2)    “Certificate” includes:
(i)    A certificate; and
(ii)    A temporary certificate, as limited by § 12–305 of this title.
(d)    “Certified industrial operator” means, unless the context requires otherwise, an industrial operator who is certified by the Board.
(e)    “Certified operator” means, unless the context requires otherwise, an operator who is certified by the Board.
(f)    “Certified superintendent” means, unless the context requires otherwise, a superintendent who is certified by the Board.
(g)    (1)    “Industrial operator” means an individual who operates the controls or maintains the logs of an industrial wastewater works.
(2)    “Industrial operator” does not include a superintendent.
(h)    “Industrial wastewater works” means a facility used to collect, store, pump, treat, or discharge any waste substance that results from:
(1)    A manufacturing process;
(2)    A business process; or
(3)    The development of a natural resource.
(i)    (1)    “Operator” means an individual who participates in the operation of:
(i)    A waterworks, including the control of the flow, processing, and distribution of water; or
(ii)    A wastewater works, including the collection, control of flow, processing, and discharge of wastewater and effluent.
(2)    “Operator” does not include a superintendent.
(j)    “Responsible charge” means responsibility for the operation and performance of all or any part of a waterworks, wastewater works, or industrial wastewater works.
(k)    “Superintendent” means an individual who is designated by any employing or appointing person, county, municipality, sanitary district, or this State as the individual in responsible charge of a waterworks, wastewater works, or industrial wastewater works.
(l)    (1)    “Wastewater works” means a facility used to collect, store, pump, treat, or discharge any liquid or waterborne waste.
(2)    “Wastewater works” does not include:
(i)    A facility that is used only by a private residence;
(ii)    A facility that uses a septic tank or subsoil absorption; or
(iii)    An industrial wastewater works.
(m)    (1)    “Waterworks” means a facility used to collect, store, pump, treat, or distribute water for human consumption.
(2)    “Waterworks” does not include a facility that is used only by a private residence.
2023 Maryland Statutes › Environment › Title 12 - Waterworks and Waste Systems Operators › Subtitle 1 - Definitions; General Provisions › Section 12-102 - Legislative Policy

The General Assembly enacts this title to establish a certification program for superintendents, operators, and industrial operators of waterworks, wastewater works, and industrial wastewater works:
(1)    To protect the quality of water in which wastes are placed;
(2)    To protect the public health; and
(3)    To prevent pollution.
2023 Maryland Statutes › Environment › Title 12 - Waterworks and Waste Systems Operators › Subtitle 2 - State Board of Waterworks and Waste Systems Operators › Section 12-202 - Membership

(a)    (1)    The Board consists of 11 members.
(2)    With the advice and consent of the Senate, the Governor shall appoint 8 members who represent one or more of the following:
(i)    Municipal government;
(ii)    County government;
(iii)    A sanitary or a metropolitan commission;
(iv)    Waterworks supervision;
(v)    Wastewater works or industrial wastewater works supervision;
(vi)    Agriculture;
(vii)    Industrial wastewater works superintendents; and
(viii)    The Maryland Environmental Service.
(3)    The Secretary shall appoint:
(i)    1 engineer member from the Department; and
(ii)    2 public members who represent the community at large.
(b)    Before taking office, each appointee to the Board shall take the oath required by Article I, § 9 of the Maryland Constitution.
(c)    (1)    The term of a member appointed by the Governor is 4 years.
(2)    The terms of members are staggered as required by the terms provided for members of the Board on July 1, 1981. The terms of those members end as follows:
(i)    Three in 1982;
(ii)    One in 1983;
(iii)    One in 1984; and
(iv)    Two in 1985.
(3)    At the end of a term, a member appointed by the Governor continues to serve until a successor is appointed and qualifies.
(4)    A member who is appointed by the Governor after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
(d)    The members appointed by the Secretary serve at the pleasure of the Secretary.
(e)    The Governor may remove for incompetence or misconduct a member appointed by the Governor.
2023 Maryland Statutes › Environment › Title 12 - Waterworks and Waste Systems Operators › Subtitle 2 - State Board of Waterworks and Waste Systems Operators › Section 12-203 - Officers

(a)    From among its members, the Board annually shall elect a chairman.
(b)    The Secretary of the Environment shall designate a representative of the Department as Board secretary.
(c)    The manner of election of officers shall be as the Board determines.
2023 Maryland Statutes › Environment › Title 12 - Waterworks and Waste Systems Operators › Subtitle 2 - State Board of Waterworks and Waste Systems Operators › Section 12-204 - Meetings; Compensation; Staff

(a)    The Board shall meet at least once a year, at the times and places that it determines.
(b)    Each member of the Board is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
(c)    The Board may employ a staff in accordance with the State budget.
2023 Maryland Statutes › Environment › Title 12 - Waterworks and Waste Systems Operators › Subtitle 2 - State Board of Waterworks and Waste Systems Operators › Section 12-205 - Miscellaneous Powers of Board

In addition to the powers set forth elsewhere in this title, the Board may recommend:
(1)    Standards to the Secretary for the classification of waterworks, wastewater works, and industrial wastewater works; and
(2)    Rules and regulations for adoption by the Secretary to carry out the provisions of this title.
2023 Maryland Statutes › Environment › Title 12 - Waterworks and Waste Systems Operators › Subtitle 2 - State Board of Waterworks and Waste Systems Operators › Section 12-206 - Fees; Payment of Expenses; Payment of Funds Into General Fund

(a)    (1)    The Board shall set reasonable fees for the issuance and renewal of certificates and its other services.
(2)    The fees shall be set so as to produce funds sufficient to cover the actual direct and indirect costs of regulating waterworks, wastewater works, and industrial wastewater works in accordance with the provisions of this title.
(b)    In accordance with the State budget, the Board may pay expenses incurred in carrying out the provisions of this title.
(c)    The Board shall pay all funds collected under this section into the General Fund of this State.
2023 Maryland Statutes › Environment › Title 12 - Waterworks and Waste Systems Operators › Subtitle 3 - Certification of Superintendents, Operators, and Industrial Operators › Section 12-301 - Certification Required

(a)    Except as otherwise provided in this section, an individual shall be certified by the Board in an appropriate classification before a waterworks, wastewater works, or industrial wastewater works may employ the individual as:
(1)    A superintendent; or
(2)    An operator or industrial operator in a job function determined by the Secretary.
(b)    This section does not prevent a governmental agency or a person from continuing to employ in a waterworks, wastewater works, or industrial wastewater works, until July 2, 1982, an operator or industrial operator who is not certified under this title.
2023 Maryland Statutes › Environment › Title 12 - Waterworks and Waste Systems Operators › Subtitle 3 - Certification of Superintendents, Operators, and Industrial Operators › Section 12-302 - Qualifications of Applicants

(a)    The Secretary shall adopt rules and regulations for the qualifications of applicants.
(b)    To qualify for certification, the applicant shall meet the education and experience requirements that the Secretary sets by rule or regulation under this section.
(c)    Except as otherwise provided in this title or the rules and regulations adopted under this title, the applicant shall pass an examination given by the Board under this subtitle.
2023 Maryland Statutes › Environment › Title 12 - Waterworks and Waste Systems Operators › Subtitle 3 - Certification of Superintendents, Operators, and Industrial Operators › Section 12-303 - Applications for Certification

(a)    To apply for certification, an applicant shall submit an application to the Board on the form that the Board requires.
(b)    The Secretary shall adopt rules and regulations as to application procedures.
2023 Maryland Statutes › Environment › Title 12 - Waterworks and Waste Systems Operators › Subtitle 3 - Certification of Superintendents, Operators, and Industrial Operators › Section 12-304 - Examinations

(a)    The Secretary shall adopt rules and regulations for the examination of applicants.
(b)    An applicant who otherwise qualifies for certification is entitled to be examined as provided in this section.
(c)    The Board shall give examinations to applicants at least twice a year, at the times and places that the Board determines.
(d)    The Board shall notify each qualified applicant of the time and place of examination.
(e)    Subject to subsection (a) of this section, the Board shall determine the subjects, scope, form, and passing score for examinations given under this subtitle.
2023 Maryland Statutes › Environment › Title 12 - Waterworks and Waste Systems Operators › Subtitle 3 - Certification of Superintendents, Operators, and Industrial Operators › Section 12-305 - Issuance of Certifications

(a)    The Board shall certify any applicant who meets the requirements of this title and of any applicable rule or regulation adopted under this title.
(b)    The Board may issue a temporary certification to any applicant who lacks the experience or the education that is acceptable to the Board for certification, if the applicant:
(1)    Applies for certification under § 12–303 of this subtitle; and
(2)    Complies with any applicable rule or regulation adopted under this title for this purpose.
2023 Maryland Statutes › Environment › Title 12 - Waterworks and Waste Systems Operators › Subtitle 3 - Certification of Superintendents, Operators, and Industrial Operators › Section 12-306 - Scope of Certification

(a)    Except as otherwise provided in this section, certification authorizes a waterworks, wastewater works, or industrial wastewater works to employ the certified individual as an operator, industrial operator, or superintendent in an appropriate job classification.
(b)    Certification as an operator authorizes the operator to perform tasks assigned by a certified superintendent, if an operator is not prohibited from performing those tasks by the rules and regulations adopted under this title.
(c)    The Secretary shall adopt rules and regulations to classify or certify superintendents, operators, and industrial operators to perform certain tasks in waterworks, wastewater works, and industrial wastewater works.
2023 Maryland Statutes › Environment › Title 12 - Waterworks and Waste Systems Operators › Subtitle 3 - Certification of Superintendents, Operators, and Industrial Operators › Section 12-308 - Denials, Reprimands, Suspensions, and Revocations -- Grounds

(a)    Subject to the hearing provisions of § 12–309 of this subtitle, the Board may deny certification or temporary certification to any applicant, if the applicant:
(1)    Fraudulently or deceptively obtains or attempts to obtain a certificate or temporary certificate for the applicant or for another; or
(2)    Fraudulently or deceptively uses a certificate or temporary certificate.
(b)    Subject to the hearing provisions of § 12–309 of this subtitle, the Board may reprimand any certificate holder, or suspend or revoke a certification or temporary certification, if:
(1)    The certificate holder:
(i)    Fraudulently or deceptively obtains or attempts to obtain a certificate or temporary certificate for the certificate holder or another; or
(ii)    Fraudulently or deceptively uses a certificate or temporary certificate; or
(2)    The Board has any other reasonable cause for the action.
2023 Maryland Statutes › Environment › Title 12 - Waterworks and Waste Systems Operators › Subtitle 3 - Certification of Superintendents, Operators, and Industrial Operators › Section 12-309 - Denials, Reprimands, Suspensions, and Revocations -- Hearings

(a)    Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under § 12-308 of this subtitle, it shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board.
(b)    The Board shall give notice and hold the hearing in accordance with the Administrative Procedure Act.
(c)    If after due notice the individual against whom the action is contemplated fails or refuses to appear, nevertheless the Board may hear and determine the matter.
2023 Maryland Statutes › Environment › Title 12 - Waterworks and Waste Systems Operators › Subtitle 3 - Certification of Superintendents, Operators, and Industrial Operators › Section 12-310 - Administrative and Judicial Review

(a)    Except as provided in this section for an action under § 12-308 of this subtitle, any person aggrieved by a final decision of the Board in a contested case, as defined in the Administrative Procedure Act, may:
(1)    Appeal the decision to the Board of Review; and
(2)    Then take any further appeal allowed by the Administrative Procedure Act.
(b)    (1)    Any person aggrieved by a final decision of the Board under § 12-308 of this subtitle may not appeal to the Secretary or Board of Review but 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.
2023 Maryland Statutes › Environment › Title 12 - Waterworks and Waste Systems Operators › Subtitle 4 - Miscellaneous Provisions › Section 12-401 - Classification of Waterworks, Wastewater Works, and Industrial Wastewater Works

(a)    The Secretary shall classify all waterworks, wastewater works, and industrial wastewater works in this State.
(b)    In determining the classification of a waterworks, wastewater works, or industrial wastewater works, the Secretary shall consider:
(1)    The size or capacity of the facility;
(2)    The type of treatment used;
(3)    The character of the water or wastes treated; and
(4)    Any other physical conditions that affect the facility.
2023 Maryland Statutes › Environment › Title 12 - Waterworks and Waste Systems Operators › Subtitle 4 - Miscellaneous Provisions › Section 12-402 - Supervision of Waterworks, Wastewater Works, and Industrial Wastewater Works

(a)    Except as provided in subsection (b) of this section, each waterworks, wastewater works, and industrial wastewater works shall be under the supervision of a superintendent who is certified in the appropriate classification.
(b)    A waterworks, a wastewater works, and an industrial wastewater works may have a certified operator serve in responsible charge instead of a certified superintendent if approved by the Department and if the facility:
(1)    Serves fewer than 500 persons;
(2)    Has minimal treatment requirements as determined by the Department; and
(3)    Employs no more than two operators.
(c)    The Department shall enforce this section.