reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Environment › Title 1 - Definitions; General Provisions; Enforcement › Subtitle 1 - Definitions › Section 1-101 - Definitions

(a)    In this article the following words have the meanings indicated.
(b)    “Contested case hearing” means an adjudicatory hearing in accordance with the contested case procedures of Subtitle 2 of the Maryland Administrative Procedure Act.
(c)    “County” means a county of this State and, unless expressly provided otherwise, Baltimore City.
(d)    “Department” means the Department of the Environment.
(e)    “EJ Score” means an overall evaluation of an area’s environment and existing environmental justice indicators, as defined by the Department in regulation, including:
(1)    Pollution burden exposure;
(2)    Pollution burden environmental effects;
(3)    Sensitive populations; and
(4)    Socioeconomic factors.
(f)    “Environmental justice” has the meaning stated in § 1–701 of this title.
(g)    “Health officer” means the Baltimore City Commissioner of Health or the health officer of a county.
(h)    “Includes” or “including” means includes or including by way of illustration and not by way of limitation.
(i)    “Informational meeting” means a meeting, open to the public, at which the applicant or the Department presents information concerning a permit application. An informational meeting is not a contested case hearing nor an agency hearing under § 10–202(d) of the State Government Article.
(j)    “Maryland EJ tool” means a publicly available State mapping tool that allows users to:
(1)    Explore layers of environmental justice concern;
(2)    Determine an overall EJ Score for census tracts in the State; and
(3)    View additional context layers relevant to an area.
(k)    “Person” means an individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind and any partnership, firm, association, corporation, or other entity.
(l)    “Physician” means an individual who is authorized under the Maryland Medical Practice Act to practice medicine in this State.
(m)    “Public hearing” means a meeting, open to the public, at which the Department receives oral and written comments concerning a tentative determination. A public hearing is not a contested case hearing nor an agency hearing under § 10–202(d) of the State Government Article.
(n)    “Secretary” means the Secretary of the Environment.
(o)    “State” means:
(1)    A state, possession, or territory of the United States;
(2)    The District of Columbia; or
(3)    The Commonwealth of Puerto Rico.
(p)    “Substantively” means in a manner substantially affecting the rights, duties, or obligations of a member of the public.
2023 Maryland Statutes › Environment › Title 1 - Definitions; General Provisions; Enforcement › Subtitle 2 - General Provisions › Section 1-201 - Verification

(a)    A requirement in this article that a document be verified means that the document shall be verified by a declaration made under the penalties of perjury that the matters and facts contained in the document are true to the best of the knowledge, information, and belief of the individual making the declaration.
(b)    The verification shall be made:
(1)    Before an individual authorized to administer oaths; or
(2)    By a signed statement of verification that:
(i)    Is in the document or attached to and made part of the document; and
(ii)    States that the statement is made under the penalties of perjury.
(c)    If the procedures provided in subsection (b)(2) of this section are used, the statement of verification subjects the individual making the statement to the penalties of perjury to the same extent as if the statement had been verified under oath before an individual authorized to administer oaths.
2023 Maryland Statutes › Environment › Title 1 - Definitions; General Provisions; Enforcement › Subtitle 2 - General Provisions › Section 1-202 - Compliance With Workers' Compensation Act

Before any license or permit may be issued under this article to an employer to engage in an activity in which the employer may employ a covered employee, as defined in § 9-101 of the Labor and Employment Article, the employer shall file with the issuing authority:
(1)    A certificate of compliance with the Maryland Workers’ Compensation Act; or
(2)    The number of a workers’ compensation insurance policy or binder.
2023 Maryland Statutes › Environment › Title 1 - Definitions; General Provisions; Enforcement › Subtitle 2 - General Provisions › Section 1-203 - Consideration of Violations; Renewal of Licenses or Permits; Verification of Payment of Taxes and Unemployment Insurance Contributions

(a)    When deciding whether to issue a license or permit under this article or to impose a condition on the issuance of a license or permit, the Department may consider whether the applicant has violated any provision of this article or any regulation adopted under this article.
(b)    (1)    A license or permit is considered renewed for purposes of this subsection if the license or permit is issued by a unit of State government to a person for the period immediately following a period for which the person previously possessed the same or a substantially similar license.
(2)    Before any license or permit may be renewed under this article, the issuing authority shall verify through the Office of the Comptroller that the applicant has paid all undisputed taxes and unemployment insurance contributions payable to the Comptroller or the Secretary of Labor or that the applicant has provided for payment in a manner satisfactory to the unit responsible for collection.
2023 Maryland Statutes › Environment › Title 1 - Definitions; General Provisions; Enforcement › Subtitle 2 - General Provisions › Section 1-204 - Service of Process

Notwithstanding any other provision to the contrary in this article, service of show cause orders, complaints, corrective orders, notices, or any other instrument issued by the Department under this article for which service is required may be achieved by any method allowed for service of a summons under the Maryland Rules.
2023 Maryland Statutes › Environment › Title 1 - Definitions; General Provisions; Enforcement › Subtitle 2 - General Provisions › Section 1-205 - Coordination of Department With Utility Providers Seeking Federal Funds

In order to meet the policy goals of the State for the electric distribution grid system, the Department, in coordination with the Public Service Commission and the Maryland Energy Administration, shall coordinate with utility providers in the State to apply for and access federal funds, including funds made available under §§ 40101, 40103, and 40107 of the federal Infrastructure Investment and Jobs Act.
2023 Maryland Statutes › Environment › Title 1 - Definitions; General Provisions; Enforcement › Subtitle 3 - Enforcement › Section 1-302 - Falsifying and Altering Permits, Licenses, and Certificates; Criminal Penalties

(a)    A person who knowingly falsifies, alters, or causes another to falsify or alter any permit, license, or certificate issued or required pursuant to this article to demonstrate compliance with any environmental regulation, permit condition, or other regulatory requirement under this article is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50,000 for each violation or imprisonment not exceeding 2 years or both.
(b)    A person who knowingly possesses, displays, or submits to the Department or any other person any falsified or altered permit, license, or certificate issued or required pursuant to this article to demonstrate compliance with any environmental regulation, permit condition, or other regulatory requirement under this article is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50,000 for each violation or imprisonment not exceeding 2 years or both.
(c)    Any fine imposed in accordance with this section shall be ordered paid into any applicable special fund authorized to receive fines for violations of any section of this article that requires or authorizes the document that is the subject of this violation.
(d)    (1)    The Attorney General shall take charge of, investigate, prosecute, and defend on behalf of the State every case arising under the provisions of this section, including the recovery of any fines.
(2)    The provisions of this section may not limit or affect the power or authority of State’s Attorneys under § 15–102 of the Criminal Procedure Article.
2023 Maryland Statutes › Environment › Title 1 - Definitions; General Provisions; Enforcement › Subtitle 3 - Enforcement › Section 1-303 - Limitation of Actions

(a)    A criminal prosecution or a suit for a civil penalty by the Department for violation of any provision of this article or any rule, regulation, order, or permit adopted or issued under this article, shall be instituted within 3 years after the date the Department knew or reasonably should have known of the violation.
(b)    (1)    Subject to paragraph (2) of this subsection, an action for an administrative penalty by the Department for violation of any provision of this article or any rule, regulation, order, or permit adopted or issued under this article, shall be instituted within 5 years after the date the Department knew or reasonably should have known of the violation.
(2)    The statute of limitations for an action for an administrative penalty for an ongoing violation shall be tolled until the action that caused the ongoing violation has ceased.
(c)    A suit for a civil penalty by a political subdivision for violation of any provision of this article or any rule, regulation, order, or permit adopted or issued under this article, or for a violation under any regulatory program the political subdivision is required to adopt and enforce under the provisions of this article, shall be instituted within 3 years after the date the political subdivision knew or reasonably should have known of the violation.
2023 Maryland Statutes › Environment › Title 1 - Definitions; General Provisions; Enforcement › Subtitle 3 - Enforcement › Section 1-304 - Reimbursement of Costs in Conducting Environmental Health Monitoring or Testing

(a)    (1)    Except as provided in paragraph (2) of this subsection, the following persons shall reimburse a county for the reasonable costs incurred by the county in conducting environmental health monitoring or testing, including the cost of collecting and analyzing soil samples, surface water samples, or groundwater samples for the purpose of assessing the effect on public health and the environment of the person’s release of a hazardous substance, discharge of oil, or discharge of a pollutant in the waters of the State:
(i)    A responsible person as defined under Title 7, Subtitle 2 of this article;
(ii)    A person responsible for the discharge as defined under Title 4, Subtitle 4 of this article; or
(iii)    A person responsible for the discharge of a pollutant into the waters of the State in violation of § 9–322 or § 9–323 of this article.
(2)    A person may not be required to reimburse a county for costs under paragraph (1) of this subsection if the person has entered into a consent order with the Department.
(b)    Costs incurred by a county for environmental health monitoring or testing under activities that are duplicative of State activities, or are not reasonably necessary to protect human health or the environment, are not eligible for reimbursement under subsection (a) of this section.
(c)    A county may recover costs that are reimbursable under subsection (a) of this section in a civil action.
(d)    If a county determines that it would be more efficient to combine the county’s claim for reimbursement under subsection (a) of this section with a pending claim by the Department, the Department shall, on request by the county, seek to recover reimbursable costs on behalf of the county.
(e)    The Department may adopt regulations to carry out the provisions of this section.
2023 Maryland Statutes › Environment › Title 1 - Definitions; General Provisions; Enforcement › Subtitle 3 - Enforcement › Section 1-306 - Database of Supplemental Environmental Projects -- Actions Taken by Department

(a)    In this section, “supplemental environmental project” means an environmentally beneficial project or activity that is not required by law but that an alleged violator agrees to undertake as part of a settlement or enforcement action.
(b)    (1)    Subject to paragraph (2) of this subsection, the Department shall create and maintain a database of supplemental environmental projects that the Department may consider for implementation as part of a settlement of an enforcement action.
(2)    In creating and maintaining the database, the Department shall solicit input from communities in the State that are overburdened, underserved, or otherwise disadvantaged by environmental stressors.
(3)    The Department shall include oyster repletion projects in the database.
(c)    (1)    The Department may, with reasonable justification, consider a supplemental environmental project that is not included in the database required in subsection (b) of this section as part of a settlement of an enforcement action.
(2)    The Department may not choose a supplemental environmental project offered by the violator unless the Department:
(i)    Approves the project; and
(ii)    Maintains documentation of the approval.
(d)    Before a violator undertakes a supplemental environmental project, the Department shall:
(1)    Give priority consideration to the selection of a project located in the same geographic area impacted by the alleged violation; and
(2)    Ensure that the scope and cost of the chosen project is reasonably related to the nexus of the violation or the adverse impact of the violation and that the cost is sufficient to allow the Department and the alleged violator to reach a settlement.
2023 Maryland Statutes › Environment › Title 1 - Definitions; General Provisions; Enforcement › Subtitle 4 - Organization and General Authority of Department › Section 1-402 - Secretary

(a)    The head of the Department is the Secretary of the Environment, who shall be appointed by the Governor with the advice and consent of the Senate.
(b)    (1)    The Secretary serves at the pleasure of the Governor and is responsible directly to the Governor. The Secretary shall advise the Governor on all matters assigned to the Department and is responsible for carrying out the Governor’s policies on these matters.
(2)    The Secretary is responsible for the operation of the Department and shall establish guidelines and procedures to promote the orderly and efficient administration of the Department. The Secretary may establish, reorganize, or abolish areas of responsibility in the Department as necessary to fulfill the duties assigned to the Secretary.
(3)    The Secretary shall establish the general policy for and adopt standards to promote and guide the development of the environmental services of the State.
(4)    The Secretary is responsible for the environmental interests of the people of the State and shall supervise generally the administration of the environmental laws of the State.
(c)    The Secretary is entitled to the salary provided in the State budget.
2023 Maryland Statutes › Environment › Title 1 - Definitions; General Provisions; Enforcement › Subtitle 4 - Organization and General Authority of Department › Section 1-403 - Deputy Secretary; Staff

(a)    (1)    With the approval of the Governor, the Secretary shall appoint a deputy secretary.
(2)    The deputy secretary serves at the pleasure of the Secretary.
(3)    The deputy secretary is entitled to the salary provided in the State budget.
(4)    The deputy secretary has the duties provided by law or delegated by the Secretary.
(b)    (1)    The Secretary may employ a staff in accordance with the State budget.
(2)    Each assistant secretary, staff assistant to the Secretary, and professional consultant is appointed by and serves at the pleasure of the Secretary.
(3)    Unless otherwise provided by law, the Secretary shall appoint and remove all other staff in accordance with the provisions of the State Personnel and Pensions Article.
(4)    The appointment or removal of staff of any unit in the Department is subject to the approval of the Secretary. As to any unit in the Department, the Secretary may delegate this authority to the head of that unit.
2023 Maryland Statutes › Environment › Title 1 - Definitions; General Provisions; Enforcement › Subtitle 4 - Organization and General Authority of Department › Section 1-405 - Investigations; Information About Certain Cancers; Release of Information

(a)    The Secretary shall investigate:
(1)    The influence of locality, employment, habit, and other conditions on health; and
(2)    The causes of diseases and mortality to the extent that they may relate to environmental factors.
(b)    The Secretary may adopt procedures to obtain information about cancers that are caused by environmental carcinogens and toxic substances and about the incidence of these diseases.
2023 Maryland Statutes › Environment › Title 1 - Definitions; General Provisions; Enforcement › Subtitle 4 - Organization and General Authority of Department › Section 1-406 - Units Included in Department

The following units, among other units, are included in the Department:
(1)    Air Quality Control Advisory Council;
(2)    Hazardous Substances Advisory Council;
(3)    Radiation Control Advisory Board;
(4)    Science and Health Advisory Group;
(5)    Board of Waterworks and Waste System Operators;
(6)    Board of Well Drillers;
(7)    Hazardous Waste Facilities Siting Board;
(8)    Marine Contractors Licensing Board; and
(9)    Board of On–Site Wastewater Professionals.
2023 Maryland Statutes › Environment › Title 1 - Definitions; General Provisions; Enforcement › Subtitle 4 - Organization and General Authority of Department › Section 1-407 - Legal Counsel

(a)    The Attorney General is legal adviser to the Department.
(b)    The Attorney General shall assign to the Department the number of assistant Attorneys General authorized by law to be assigned to the Department and any additional ones necessary to give effective legal advice and counsel. The Attorney General also shall designate an assistant Attorney General as counsel to the Department.
(c)    The counsel to the Department may have no duty other than to give the legal aid, advice, and counsel required by the Secretary and any other official of the Department, to supervise the other assistant Attorneys General assigned to the Department, and to perform for the Department the duties that the Attorney General assigns. The counsel shall perform these duties subject to the control and supervision of the Attorney General. After the Attorney General designates the counsel to the Department, the Attorney General may not reassign the counsel without consulting the Secretary.
2023 Maryland Statutes › Environment › Title 1 - Definitions; General Provisions; Enforcement › Subtitle 5 - Confidential Research Records › Section 1-501 - "Confidential Record" Defined

In this subtitle, “confidential record” means any record, report, statement, note, or other information that:
(1)    Is assembled or obtained for research or study by the Secretary; and
(2)    Names or otherwise identifies any person.
2023 Maryland Statutes › Environment › Title 1 - Definitions; General Provisions; Enforcement › Subtitle 5 - Confidential Research Records › Section 1-502 - Custody, Control, Use, and Disclosure of Confidential Records

(a)    (1)    Each confidential record shall remain in the custody and control of the Secretary or an agent or employee of the Secretary, if the Secretary assembled or obtained the confidential record.
(2)    The confidential record may be used only for the research and study for which it was assembled or obtained.
(3)    A person may not disclose any confidential record to any person who is not engaged in the research or study project.
(b)    This section does not apply to or restrict the use or publication of any statistics, information, or other material that summarizes or refers to confidential records in the aggregate, without disclosing the identity of any person who is the subject of the confidential record.
2023 Maryland Statutes › Environment › Title 1 - Definitions; General Provisions; Enforcement › Subtitle 6 - Public Participation in the Permitting Process › Section 1-601.1 - Permit Application to Include Environmental Justice Score -- Verification of Applicant's Information -- Adoption of Regulations

(a)    A person applying for a permit listed under § 1–601(a) of this subtitle shall include in the permit application the EJ Score from the Maryland EJ tool for the census tract where the applicant is seeking a permit, unless the permit requires the applicant to use a tool developed by the U.S. Environmental Protection Agency.
(b)    On receiving an application for a permit listed under § 1–601(a) of this subtitle, the Department shall, in accordance with regulations adopted under this section, review the EJ Score for the census tract where the applicant is seeking a permit using the Maryland EJ tool to verify the applicant’s information.
(c)    The Department shall adopt regulations to implement this section.
2023 Maryland Statutes › Environment › Title 1 - Definitions; General Provisions; Enforcement › Subtitle 6 - Public Participation in the Permitting Process › Section 1-602 - Notice

(a)    Wherever this subtitle requires the Department to publish notice:
(1)    Notice shall be published at least once a week for 2 consecutive weeks in a daily or weekly newspaper of general circulation in the geographical area in which the proposed facility is located;
(2)    The notice shall include:
(i)    The EJ Score for the census tract where the applicant is seeking a permit, provided by the applicant under § 1–601.1 of this subtitle;
(ii)    The address of the Department website for accessing the EJ Score review conducted under § 1–601.1 of this subtitle; and
(iii)    A description of the environmental justice indicators contributing to the EJ Score of the census tract where the applicant is seeking a permit;
(3)    The Department may require notice of an informational meeting or a public hearing by mail to each person requesting the meeting or hearing or to their authorized representatives;
(4)    The Department may provide additional notice by requiring the notice to be posted at the proposed facility or at public facilities in the geographical area of the proposed facility; and
(5)    The applicant shall bear all costs incurred by the Department in providing notice.
(b)    (1)    In addition to the requirements set forth in subsection (a) of this section and notwithstanding any other requirements in this article, wherever this subtitle requires the Department to publish notice of an application for a permit, the Department shall:
(i)    Electronically post the notice of an application for a permit on the Department’s website; and
(ii)    Provide a method for interested persons to electronically request any additional notices related to an application for a permit.
(2)    The notice required under paragraph (1) of this subsection shall include:
(i)    The name and address of the applicant;
(ii)    A description of the location and the nature of the activity for which the permit has been sought;
(iii)    A reference to the applicable statutes or regulations governing the application process;
(iv)    The time and place of any scheduled informational meeting or public hearing, or a description of where this information can be found;
(v)    A description of where further information about the permit application can be found;
(vi)    1.    The EJ Score for the census tract where the applicant is seeking a permit, provided by the applicant under § 1–601.1 of this subtitle; and
2.    The EJ Score review conducted under § 1–601.1 of this subtitle; and
(vii)    Any other information that the Department determines is necessary.
(c)    The Department may require the applicant to publish and send the notices required in subsection (a) of this section.
2023 Maryland Statutes › Environment › Title 1 - Definitions; General Provisions; Enforcement › Subtitle 6 - Public Participation in the Permitting Process › Section 1-603 - Applications for Departmental Permits

(a)    The Department shall cause to be published notice of applications for permits.
(b)    The Department shall assure that applications for permits shall be available to the public for inspection and copying.
(c)    (1)    Upon written request made within 10 working days after publication of a notice of application, or in its own discretion, the Department shall provide an opportunity for an informational meeting with respect to the application.
(2)    The informational meeting may be canceled if all persons who made timely written requests withdraw the requests prior to the meeting.
(3)    Unless the notice of application contained a notice of the informational meeting, the Department shall publish notice of the informational meeting.
(d)    (1)    The Department may require the applicant to attend an informational meeting or public hearing and present information concerning the application.
(2)    If the applicant fails to appear and present information after a request from the Department, the application may be denied.
2023 Maryland Statutes › Environment › Title 1 - Definitions; General Provisions; Enforcement › Subtitle 6 - Public Participation in the Permitting Process › Section 1-604 - Permit Determinations

(a)    (1)    After the Department receives the permit application, the Department shall prepare a tentative determination, which shall include the following information:
(i)    A proposal to issue or to not issue a permit;
(ii)    Any proposed permit limitations and conditions;
(iii)    A brief explanation of the Department’s tentative determination; and
(iv)    Any proposed schedule of compliance.
(2)    If the tentative determination is to issue a permit, the tentative determination shall include a draft permit, which shall be available to the public for inspection and copying.
(3)    The Department shall publish a notice of the tentative determination. This publication shall allow 30 calendar days for public comment before the issuance of the final determination.
(4)    (i)    The Department shall schedule a public hearing on the tentative determination when a written request for a public hearing is made within 20 days of publication of a notice of the tentative determination.
(ii)    The public hearing may be canceled if all persons who made timely written requests withdraw the requests prior to the meeting. In addition, the Department may schedule a public hearing on a tentative determination at its discretion.
(b)    (1)    The Department shall prepare a final determination if:
(i)    Written comments adverse to the tentative determination were received by the Department within 30 days after the publication of the notice of tentative determination pursuant to this section;
(ii)    Comments adverse to the tentative determination were received in writing at, or within 5 days after, the public hearing conducted pursuant to this section;
(iii)    Comments adverse to the tentative determination were received orally at the public hearing conducted pursuant to this section and the Department prepared a transcript of the comments made at the hearing; or
(iv)    The final determination is substantively different from the tentative determination and all persons aggrieved by the final determination have not waived, in writing, their right to request a contested case hearing.
(2)    If the Department is required to prepare a final determination under this section, the Department shall publish a notice of the final determination.
(3)    If the Department is not required to prepare a final determination under this section, the tentative determination is a final decision by the Department when the permit is issued or denied.
2023 Maryland Statutes › Environment › Title 1 - Definitions; General Provisions; Enforcement › Subtitle 6 - Public Participation in the Permitting Process › Section 1-605 - Petition for Judicial Review

(a)    A person petitioning for judicial review in accordance with § 1–601 of this subtitle or § 5–204 or § 16–204 of this article shall file the petition in accordance with the Maryland Rules.
(b)    A party submitting a petition for judicial review shall file the petition within 30 days after publication of a notice of final determination.
(c)    An action for judicial review brought in accordance with § 1–601 of this subtitle or § 5–204 or § 16–204 of this article shall be conducted in accordance with the Maryland Rules.
(d)    A party to the judicial review action may not challenge a facility’s compliance with zoning and land use requirements or conformity with a county plan issued under Title 9, Subtitle 5 of this article. However, nothing in this subtitle shall prevent a party from challenging whether the Department has complied with §§ 2–404(b)(1)(ii) and 9–210(a)(3) of this article, when applicable, nor does this subtitle prevent a party from contesting the compliance of the facility with zoning and land use or county plan requirements in any proceeding brought in accordance with and under any applicable local laws.
2023 Maryland Statutes › Environment › Title 1 - Definitions; General Provisions; Enforcement › Subtitle 6 - Public Participation in the Permitting Process › Section 1-606 - Judicial Review

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Board” means the Board of Public Works.
(3)    “License” means a license under § 16–202 of this article.
(b)    This section applies to:
(1)    A permit listed under § 1–601(a) of this subtitle;
(2)    A permit listed under § 5–204(f) of this article; or
(3)    A license issued under § 16–202 of this article.
(c)    Any judicial review of a determination provided for in accordance with § 1–601 of this subtitle or § 5–204 or § 16–204 of this article shall be limited to a record compiled by the Department or Board, consisting of:
(1)    Any permit or license application and any data submitted to the Department or Board in support of the application;
(2)    Any draft permit or license issued by the Department or Board;
(3)    Any notice of intent from the Department or Board to deny the application or to terminate the permit or license;
(4)    A statement or fact sheet explaining the basis for the determination by the Department or Board;
(5)    All documents referenced in the statement or fact sheet explaining the basis for the determination by the Department or Board;
(6)    All documents, except documents for which disclosure is precluded by law or that are subject to privilege, contained in the supporting file for any draft permit or license;
(7)    All comments submitted to the Department or Board during the public comment period, including comments made on the draft application;
(8)    Any tape or transcript of any public hearings held on the application; and
(9)    Any response to any comments submitted to the Department or Board.
(d)    (1)    When a draft permit or license or tentative determination is issued, the Department or Board shall:
(i)    Make available for inspection and copying no later than the date the permit, draft license, or tentative determination is issued:
1.    All permit or license applications;
2.    Documents submitted with a permit or license application;
3.    All documents relied on in making the tentative determination; and
4.    A privilege log that identifies all documents not produced for inspection in accordance with subsection (c)(6) of this section and states the reasons for withholding each document; and
(ii)    Extend the public comment period by 60 days on request by a person.
(2)    A request submitted to the Department or Board under paragraph (1)(ii) of this subsection shall be:
(i)    Submitted in writing; and
(ii)    Made before the expiration of the original comment period.
(3)    A public comment period may not be extended more than once under paragraph (1)(ii) of this subsection.
2023 Maryland Statutes › Environment › Title 1 - Definitions; General Provisions; Enforcement › Subtitle 7 - Environmental Justice › Section 1-702 - Duties of the Department -- Evaluation of Methodologies by Department -- Responsibilities

(a)    On or before December 31, 2023, the Department, in consultation with the Commission on Environmental Justice and Sustainable Communities, shall:
(1)    Subject to subsection (b) of this section, adopt a methodology for identifying communities disproportionately affected by climate impacts;
(2)    Develop specific strategies to address geographical impact concerns, reduce emissions of greenhouse gases and co–pollutants, and build climate equity and resilience within communities disproportionately affected by climate impacts;
(3)    Set appropriate goals for the percentage of State funding for greenhouse gas emission reduction measures that should be used for the benefit of disproportionately affected communities; and
(4)    Report to the Maryland Commission on Climate Change and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the policies and programs developed under this subsection.
(b)    In evaluating methodologies under subsection (a)(1) of this section, the Department shall, at a minimum, include:
(1)    Underserved communities;
(2)    Overburdened communities; and
(3)    Areas that are vulnerable to climate impacts, such as flooding, storm surges, and urban heat island effects, due to low levels of tree coverage, high levels of impervious surfaces, or other factors.
(c)    In carrying out its responsibilities under this section, the Department shall:
(1)    Solicit input from all segments of the population that will be impacted by the policies developed under subsection (a) of this section, including individuals living in areas that may be identified as disproportionately affected communities under the proposed criteria;
(2)    Ensure that equity and geographical impact remedies are key principles; and
(3)    Incorporate geographical impact considerations into all recommendations, policies, programs, and funding priorities.
2023 Maryland Statutes › Environment › Title 1 - Definitions; General Provisions; Enforcement › Subtitle 8 - Maryland Uniform Environmental Covenants Act › Section 1-801 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Activity and use limitation” means a restriction or obligation created under this subtitle with respect to real property.
(c)    “Agency” means the Department or any other state or federal agency that determines or approves the environmental response project pursuant to which an environmental covenant is created.
(d)    “Common interest community” means a condominium, cooperative, or other real property with respect to which a person, by virtue of the person’s ownership of a parcel of real property, is obligated to pay property taxes or insurance premiums, or for maintenance, or improvement of other real property described in a recorded covenant that creates the common interest community.
(e)    “Environmental covenant” means a servitude arising under an environmental response project that imposes activity and use limitations.
(f)    “Environmental response project” means a plan or work performed for environmental remediation of real property that is conducted:
(1)    Under a federal or state program governing environmental remediation of real property, including Title 7, Subtitle 5 of this article; or
(2)    Incident to closure of a solid or hazardous waste management unit, if the closure is conducted with approval of an agency.
(g)    “Holder” means the grantee of an environmental covenant.
(h)    “Person” means an individual, corporation, business trust, statutory trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(i)    “Record”, when used as a noun, means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(j)    “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
2023 Maryland Statutes › Environment › Title 1 - Definitions; General Provisions; Enforcement › Subtitle 8 - Maryland Uniform Environmental Covenants Act › Section 1-802 - Covenants in General

(a)    An environmental covenant shall:
(1)    State that the instrument is an environmental covenant executed pursuant to this subtitle;
(2)    Contain a legally sufficient description of the real property subject to the covenant;
(3)    Describe the activity and use limitations on the real property;
(4)    Identify every holder;
(5)    Be signed by the Agency and every holder;
(6)    Unless excepted by the Agency, be signed by every owner of the fee simple of the real property subject to the covenant; and
(7)    Identify the name and location of any administrative record for the environmental response project reflected in the environmental covenant.
(b)    In addition to the information required under subsection (a) of this section, an environmental covenant may contain other information, restrictions, and requirements agreed to by the persons who signed it, including any:
(1)    Requirements for notice following transfer of a specified interest in, or concerning proposed changes in use of, applications for building permits or proposals for any site work affecting the contamination on the property subject to the covenant;
(2)    Requirements for periodic reporting describing compliance with the covenant;
(3)    Rights of access to the property granted in connection with implementation or enforcement of the covenant;
(4)    Brief narrative descriptions of the contamination and remedy, including the contaminants of concern, the pathways of exposure, limits on exposure, and the location and extent of the contamination;
(5)    Limitations on amendment or termination of the covenant in addition to those provided under §§ 1-808 and 1-809 of this subtitle; and
(6)    Rights of the holder in addition to the holder’s right to enforce the covenant under § 1-810 of this subtitle.
(c)    In addition to other conditions for the Agency’s approval of an environmental covenant, the Agency may require those persons specified by the Agency who have interests in the real property to sign the covenant.
2023 Maryland Statutes › Environment › Title 1 - Definitions; General Provisions; Enforcement › Subtitle 8 - Maryland Uniform Environmental Covenants Act › Section 1-803 - Holders

(a)    (1)    Any person, including a person that owns an interest in the real property, the Agency, or a municipality or other unit of local government, may be a holder of an environmental covenant.
(2)    An environmental covenant may identify more than one holder.
(b)    (1)    The interest of a holder of an environmental covenant is an interest in real property.
(2)    A right of an agency under this subtitle or under an environmental covenant, other than a right as a holder, is not an interest in real property.
(c)    (1)    An agency is bound by any obligation it assumes in an environmental covenant, but an agency does not assume obligations merely by signing an environmental covenant.
(2)    Any person other than an agency that signs an environmental covenant is bound by the obligations the person assumes in the covenant, but signing the covenant does not change obligations, rights, or protections granted or imposed under law other than this subtitle except as provided in the covenant.
(d)    (1)    The provisions of this subsection apply to interests in real property in existence at the time an environmental covenant is created or amended.
(2)    An interest that has priority under other law is not affected by an environmental covenant unless the person that owns the interest subordinates that interest to the covenant.
(3)    A person that owns an interest that has priority under other law is not required under this subtitle to subordinate that interest to an environmental covenant or to agree to be bound by the covenant.
(4)    (i)    A subordination agreement may be contained in an environmental covenant covering real property or in a separate record.
(ii)    If the environmental covenant covers commonly owned property in a common interest community, the record may be signed by any person authorized by the governing board of the owners’ association.
(5)    An agreement by a person to subordinate an interest that has priority under other law to an environmental covenant affects the priority of that person’s interest but does not by itself impose any affirmative obligation on the person with respect to the environmental covenant.
2023 Maryland Statutes › Environment › Title 1 - Definitions; General Provisions; Enforcement › Subtitle 8 - Maryland Uniform Environmental Covenants Act › Section 1-804 - Nature of Covenant

(a)    An environmental covenant that complies with this subtitle runs with the land.
(b)    An environmental covenant that is otherwise effective is valid and enforceable even if:
(1)    It is not appurtenant to an interest in real property;
(2)    It can be or has been assigned to a person other than the original holder;
(3)    It is not of a character that has been recognized traditionally at common law;
(4)    It imposes a negative burden;
(5)    It imposes an affirmative obligation on a person having an interest in the real property or on the holder;
(6)    The benefit or burden does not touch or concern real property;
(7)    There is no privity of estate or contract;
(8)    The holder dies, ceases to exist, resigns, or is replaced; or
(9)    The owner of an interest subject to the environmental covenant and the holder are the same person.
(c)    An instrument that creates restrictions or obligations with respect to real property that would qualify as activity and use limitations except for the fact that the instrument was recorded before October 1, 2005, is not invalid or unenforceable because of any of the limitations on enforcement of interests described in subsection (b) of this section or because it was identified as an easement, servitude, deed restriction, or other interest. This subtitle does not apply in any other respect to such an instrument.
(d)    This subtitle does not invalidate or render unenforceable any interest, whether designated as an environmental covenant or other interest, that is otherwise enforceable under state law.
2023 Maryland Statutes › Environment › Title 1 - Definitions; General Provisions; Enforcement › Subtitle 8 - Maryland Uniform Environmental Covenants Act › Section 1-805 - Effect on Zoning and Other Laws

(a)    This subtitle does not authorize a use of real property that is otherwise prohibited by zoning, by law other than this subtitle regulating use of real property, or by a recorded instrument that has priority over the environmental covenant.
(b)    An environmental covenant may prohibit or restrict uses of real property that are authorized by zoning or by law other than this subtitle.
2023 Maryland Statutes › Environment › Title 1 - Definitions; General Provisions; Enforcement › Subtitle 8 - Maryland Uniform Environmental Covenants Act › Section 1-806 - Distribution of Copies of Covenants

(a)    A copy of an environmental covenant shall be provided by the persons and in the manner required by the agency to:
(1)    Each person that signed the covenant;
(2)    Each person holding a recorded interest in the real property subject to the covenant;
(3)    Each person in possession of the real property subject to the covenant;
(4)    Each municipality or other unit of local government in which real property subject to the covenant is located; and
(5)    Any other person the Agency requires.
(b)    The validity of a covenant is not affected by failure to provide a copy of the covenant as required under this section.
2023 Maryland Statutes › Environment › Title 1 - Definitions; General Provisions; Enforcement › Subtitle 8 - Maryland Uniform Environmental Covenants Act › Section 1-807 - Recordation

(a)    (1)    An environmental covenant and any amendment or termination of the covenant must be recorded in every county in which any portion of the real property subject to the covenant is located.
(2)    For purposes of indexing, a holder shall be treated as a grantee.
(b)    Except as otherwise provided under § 1-808(c) of this subtitle, an environmental covenant is subject to the laws of the state governing recording and priority of interests in real property.
2023 Maryland Statutes › Environment › Title 1 - Definitions; General Provisions; Enforcement › Subtitle 8 - Maryland Uniform Environmental Covenants Act › Section 1-808 - Perpetual Nature of Covenant

(a)    An environmental covenant is perpetual unless it is:
(1)    By its terms, limited to a specific duration or terminated by the occurrence of a specific event;
(2)    Terminated by consent as provided under § 1-809 of this subtitle;
(3)    Terminated under subsection (b) of this section;
(4)    Terminated by foreclosure of an interest that has priority over the environmental covenant; or
(5)    Terminated or modified in an eminent domain proceeding, if:
(i)    The Agency that signed the covenant is a party to the proceeding;
(ii)    Each person identified in § 1-809(a) and (b) of this subtitle is given notice of the pendency of the proceeding; and
(iii)    The court determines, after a hearing, that the termination or modification will not adversely affect human health or the environment.
(b)    (1)    If the Agency that signed an environmental covenant has determined that the intended benefits of the covenant can no longer be realized, a court, under the doctrine of changed circumstances, in an action in which all persons identified in § 1-809(a) and (b) of this subtitle have been given notice, may terminate the covenant or reduce its burden on the real property subject to the covenant.
(2)    The Agency’s determination or its failure to make a determination upon request is subject to review in accordance with the Administrative Procedure Act.
(c)    Except as otherwise provided in subsections (a) and (b) of this section, an environmental covenant may not be extinguished, limited, or impaired through issuance of a tax deed, foreclosure of a tax lien, or application of the doctrine of adverse possession, prescription, abandonment, waiver, lack of enforcement, or acquiescence, or a similar doctrine.
2023 Maryland Statutes › Environment › Title 1 - Definitions; General Provisions; Enforcement › Subtitle 8 - Maryland Uniform Environmental Covenants Act › Section 1-809 - Amendment or Termination of Covenant

(a)    An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by:
(1)    The Agency;
(2)    Unless waived by the Agency, the current owner of the fee simple of the real property subject to the covenant;
(3)    Each person that originally signed the covenant, unless:
(i)    The person waived in a signed record the right to consent; or
(ii)    A court finds that the person no longer exists or cannot be located or identified with the exercise of reasonable diligence; and
(4)    Except as otherwise provided in subsection (d)(2) of this section, the holder.
(b)    If an interest in real property is subject to an environmental covenant, the interest is not affected by an amendment of the covenant unless the current owner of the interest consents to the amendment or has waived in a signed record the right to consent to amendments.
(c)    Except for an assignment undertaken in accordance with a governmental reorganization, assignment of an environmental covenant to a new holder shall be considered to be an amendment of the covenant.
(d)    Except as otherwise provided in an environmental covenant:
(1)    A holder may not assign its interest without consent of the other parties; and
(2)    A holder may be removed and replaced by agreement of the other parties specified in subsection (a) of this section.
(e)    A court of competent jurisdiction may fill a vacancy in the position of holder.