reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 3 - Water Pollution Control › Part III - Powers and Duties of Department › Section 9-318 - Training of Personnel

(a)    The Department may cooperate with any appropriate agency to train personnel needed in the area of water pollution control.
(b)    To provide the training authorized by subsection (a) of this section, the Department of the Environment and the Department of Natural Resources may contract with any appropriate institution of higher learning or any appropriate unit:
(1)    To develop the needed curricula; and
(2)    To support training courses.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 3 - Water Pollution Control › Part III - Powers and Duties of Department › Section 9-319 - Miscellaneous Powers and Duties

(a)    In addition to the powers and duties set forth elsewhere in this subtitle, the Department has the following powers and duties:
(1)    To administer and enforce this subtitle and the rules and regulations adopted under this subtitle;
(2)    To develop comprehensive programs and plans for the prevention, control, and abatement of pollution of the waters of this State;
(3)    To advise, consult, and cooperate with other units of this State, the federal government, other State and interstate agencies, affected groups, political subdivisions, and industries to carry out the provisions of this subtitle;
(4)    To accept and administer loans and grants from the federal government and other sources, public or private, to carry out any of the Department’s functions;
(5)    To encourage, participate in, finance, or conduct studies, investigations, research, or demonstrations that relate to water pollution or its causes, prevention, control, or abatement;
(6)    To collect and give out information about water pollution and its prevention, control, and abatement;
(7)    To issue, modify, or revoke orders and permits that prohibit discharges of pollutants into the waters of this State or to adopt any other reasonable remedial measures to prevent, control, or abate pollution or undesirable changes in the quality of the waters of this State;
(8)    Through the Secretary or a hearing officer who is designated in writing by the Secretary, to hold hearings, to issue hearing notices and subpoenas that require the attendance of witnesses and production of evidence, to administer oaths, and to take necessary testimony;
(9)    To apply and enforce against industrial users of publicly owned treatment works toxic effluent standards and pretreatment requirements for the introduction into treatment works of pollutants that interfere with, pass through, or otherwise are incompatible with the treatment works; and
(10)    To exercise every incidental power necessary to carry out the provisions of this subtitle.
(b)    To carry out the provisions of this subtitle, the Department of the Environment and the Department of Natural Resources may:
(1)    Conduct studies, surveys, investigations, research, and analyses; and
(2)    Employ consultants.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 3 - Water Pollution Control › Part III - Powers and Duties of Department › Section 9-321 - Monitoring Program

The Secretary of the Environment and the Secretary of Natural Resources jointly shall:
(1)    Develop and implement a comprehensive program to monitor the quality of the waters and living resources of the Chesapeake Bay;
(2)    Cooperate with other states in the Chesapeake Bay region and with the United States Environmental Protection Agency and other state and federal agencies, as appropriate; and
(3)    Report every 2 years to the General Assembly on the results of this monitoring program and the status of the resources of the Chesapeake Bay.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 3 - Water Pollution Control › Part III - Powers and Duties of Department › Section 9-321.1 - Water Quality Standards for Concentrations of Tributyltin

(a)    The definitions in § 5-901 of the Agriculture Article apply in this section.
(b)    The Department shall:
(1)    Develop by December 1, 1988 a water quality standard for the concentration of tributyltin in the waters of the State that is sufficient for the protection of aquatic life; and
(2)    Regulate point sources of release of tributyltin in accordance with the water quality standard developed under paragraph (1) of this subsection.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 3 - Water Pollution Control › Part III - Powers and Duties of Department › Section 9-321.2 - Regulation of Closed Swimming Lake

(a)    In this section, “closed swimming lake” means a body of water that:
(1)    Is no more than 1.5 acres in surface area;
(2)    Is used for swimming; and
(3)    Does not have a circulation system.
(b)    Except as provided in subsection (c)(2) of this section, a closed swimming lake located within and maintained by a municipal corporation and only accessible to residents of the municipal corporation is not subject to the regulations that apply to public bathing beaches under COMAR 26.08.09 or any county regulations related to public swimming facilities.
(c)    (1)    Subject to paragraph (2) of this subsection, a municipal corporation that maintains a closed swimming lake shall establish a policy to assess and monitor the water quality of the closed swimming lake.
(2)    The policy established under this subsection shall be consistent with requirements under:
(i)    COMAR 26.08.09.06;
(ii)    COMAR 26.08.09.07; and
(iii)    COMAR 26.08.09.08.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 3 - Water Pollution Control › Part IV - Discharge Permits › Section 9-322 - Discharge of Pollutants Prohibited; Exceptions

Except as provided in this subtitle and Title 4, Subtitle 4 of this article and the rules and regulations adopted under those subtitles, a person may not discharge any pollutant into the waters of this State.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 3 - Water Pollution Control › Part IV - Discharge Permits › Section 9-323 - Discharge Permit Required

(a)    (1)    A person shall hold a discharge permit issued by the Department before the person may construct, install, modify, extend, alter, or operate any of the following if its operation could cause or increase the discharge of pollutants into the waters of this State:
(i)    An industrial, commercial, or recreational facility or disposal system;
(ii)    A State–owned treatment facility; or
(iii)    Any other outlet or establishment.
(2)    A person shall hold a CAFO Discharge permit issued by the Department before the person may begin construction on any part of a new CAFO.
(b)    By rule or regulation, the Department may require a discharge permit for any other activity.
(c)    The Department may not issue a CAFO Discharge permit to a person that violates subsection (a)(2) of this section.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 3 - Water Pollution Control › Part IV - Discharge Permits › Section 9-324 - Issuance of Discharge Permit

(a)    Subject to the provisions of this section, the Department may issue a discharge permit if the Department finds that the discharge meets:
(1)    All applicable State and federal water quality standards and effluent limitations; and
(2)    All other requirements of this subtitle.
(b)    Before issuing a discharge permit, the Department and the applicant shall comply with the provisions of Title 1, Subtitle 6 of this article.
(c)    The informational meeting required by Title 1, Subtitle 6 of this article shall be held in accordance with Title 1, Subtitle 6 of this article.
(d)    The Department shall give public notice of each application for a discharge permit as required by Title 1, Subtitle 6 of this article, and by making available to the public appropriate documents, permit applications, supporting material, plans, and other relevant information.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 3 - Water Pollution Control › Part IV - Discharge Permits › Section 9-325 - Rules and Regulations Relating to Discharge Permits

(a)    (1)    The Department may adopt rules and regulations that relate to application for, issuance of, revocation of, or modification of discharge permits.
(2)    The rules and regulations may require submission of plans, specifications, and other information.
(b)    Subject to subsection (c)(2) of this section, the rules and regulations adopted under this section shall set a reasonable application fee in an amount designed to cover the cost of the permit procedure.
(c)    (1)    Subject to paragraph (2) of this subsection, the rules and regulations adopted under this section shall set a reasonable permit fee schedule for industrial users based on:
(i)    The anticipated cost of monitoring and regulating the permitted facility;
(ii)    The flow of effluent discharge from the permitted facility; and
(iii)    The anticipated needs for program development activities that relate to management of the discharge of pollutants into the waters of this State.
(2)    (i)    The Department shall charge a one–time permit application fee of at least $2,000 on receipt of a notice of intent to seek coverage under a CAFO Discharge permit for:
1.    A proposed new CAFO that will have a house capacity of 350,000 square feet or more; or
2.    Modification of an existing CAFO to expand the house capacity to 350,000 square feet or more.
(ii)    The Department shall charge an annual fee of at least $1,200 for the continued coverage under a CAFO Discharge permit of a CAFO with a house capacity of 350,000 square feet or more.
(3)    In adopting the rules and regulations under this subsection, the Department shall consult with industry and provide that the permit fee not exceed a certain dollar amount.
(4)    The Department may not waive the fee for a CAFO Discharge permit.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 3 - Water Pollution Control › Part IV - Discharge Permits › Section 9-326 - Conditions on Discharge Permits

(a)    (1)    The Department may make the issuance of a discharge permit contingent on any conditions the Department considers necessary to prevent violation of this subtitle.
(2)    In permits for the discharge of pollutants from publicly owned treatment works, the Department:
(i)    May impose as conditions appropriate measures to establish and insure compliance by industrial users with any system of user charges required by State or federal law or by any rule, regulation, or guideline adopted under State or federal law; and
(ii)    Shall impose as conditions requirements for the permit holder to provide information about new introductions of pollutants or substantial changes in the volume or character of pollutants being introduced into the treatment works.
(b)    Issuance of a discharge permit is contingent on the grant by the permit holder to the Department of a right of entry on the permit site at any reasonable time to inspect and investigate for violation or potential violation of any condition of the permit.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 3 - Water Pollution Control › Part IV - Discharge Permits › Section 9-327 - Refusal of Permit

The Department may refuse to issue a discharge permit if:
(1)    The applicant fails or refuses to allow any representative of the Department to inspect the proposed permit site;
(2)    The Department finds that issuance of the permit would violate any State or federal law or any rule or regulation adopted under any State or federal law; or
(3)    The applicant fails or refuses to pay the permit fee assessed under § 9–325(c) of this subtitle.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 3 - Water Pollution Control › Part IV - Discharge Permits › Section 9-328 - Term and Renewal of Discharge Permits

(a)    (1)    Unless it is renewed for another term, a discharge permit expires on the expiration date the Department sets at issuance or renewal.
(2)    The Department may not issue a discharge permit for a term longer than 5 years.
(b)    Before a discharge permit expires, the Department may renew the discharge permit for another term:
(1)    After administrative review in accordance with the rules and regulations that the Department adopts;
(2)    After notice and opportunity for public hearing on the subject;
(3)    On the condition that the discharge meets or will meet:
(i)    Any applicable State or federal water quality standards or effluent limitations; and
(ii)    Any applicable requirement of this subtitle; and
(4)    If the permit holder pays all application and permit fees assessed by the Department under this subtitle.
(c)    Administrative review proceedings under this section shall be completed at least 60 days before the expiration date of the permit.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 3 - Water Pollution Control › Part IV - Discharge Permits › Section 9-329 - Chlorine Systems

(a)    Except as otherwise prohibited in subsection (b) of this section, the Department may issue a permit that allows the use of chlorine or chlorine compounds in treatment of wastewaters discharged from any publicly or privately owned sewage treatment plant to any surface waters of this State only if the treatment of the wastewaters includes dechlorination.
(b)    (1)    This subsection is not effective unless matching federal funds are available to implement the provisions of paragraph (4) of this subsection.
(2)    This subsection does not apply to sewerage treatment facilities that discharge an amount of treated sewage less than 1 percent of the 7-day, 10-year low flow of the receiving stream.
(3)    The Department may not issue a permit that allows the use of chlorine or chlorine compounds in the treatment of wastewaters discharged into any waters of this State that are designated by the Department as natural trout waters and their tributaries.
(4)    (i)    This subsection applies to any local subdivision that owns or operates an existing treatment system that is required to convert from use of chlorination to another system in order to be permitted under this subtitle.
(ii)    If the local subdivision applied for assistance from the Environmental Protection Agency on or before September 30, 1981, the conversion costs not funded by the Environmental Protection Agency may be covered with State funds as provided in the State budget.
(iii)    If the local subdivision failed to apply for assistance from the Environmental Protection Agency on or before September 30, 1981, conversion costs ordinarily met by the Environmental Protection Agency and this State shall be the responsibility of the local subdivision.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 3 - Water Pollution Control › Part IV - Discharge Permits › Section 9-329.1 - Chlorine Systems -- Publicly or Privately Owned Sewage Treatment Plants

(a)    This section does not apply to:
(1)    A publicly or privately owned sewage treatment plant; or
(2)    The discharge of any chlorine or chlorine products that are present due to their occurrence as a natural constituent of saline water.
(b)    A person who has a discharge permit may not discharge chlorine or chlorine products into the Chesapeake Bay or its tributaries during April and May of any year at a level that is greater than the chlorine discharge level that is applicable to a publicly or privately owned sewage treatment plant under § 9-329 of this subtitle.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 3 - Water Pollution Control › Part IV - Discharge Permits › Section 9-329.2 - Discharge of Chlorine Into Chesapeake Bay or Its Tributaries

(a)    Except as provided in this section and notwithstanding any other provision of this article, on or after July 1, 1988 a person may not discharge any chlorine or chlorine products into the Chesapeake Bay or its tributaries in excess of a concentration that the Department of the Environment, in consultation with the Department of Natural Resources, determines to be the lowest practicably attainable concentration.
(b)    To determine the allowable concentrations of chlorine or chlorine products under this section, the Secretary of the Environment, in consultation with the Secretary of Natural Resources, shall adopt regulations that:
(1)    Use the best practicable management technologies; and
(2)    Set forth approved monitoring technologies.
(c)    (1)    A person may apply to the Department of the Environment for an exception under subsection (a) of this section.
(2)    The Department of the Environment, in consultation with the Department of Natural Resources, may grant an exception under subsection (a) of this section to an applicant if the application sets forth compliance schedules acceptable to the Department.
(d)    An owner of a vessel that is equipped with a marine sanitation device that meets the requirements of 33 C.F.R. 159 shall automatically be excepted from the provisions of subsection (a) of this section.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 3 - Water Pollution Control › Part IV - Discharge Permits › Section 9-330 - Revocation of Discharge Permits

The Department may revoke any discharge permit if the Department finds that:
(1)    False or inaccurate information was contained in the application;
(2)    Conditions or requirements of the discharge permit have been or are about to be violated;
(3)    Substantial deviation from plans, specifications, or requirements has occurred;
(4)    The Department has been refused entry to the premises for the purpose of inspecting to insure compliance with the conditions of the discharge permit;
(5)    A change in conditions exists that requires temporary or permanent reduction or elimination of the permitted discharge;
(6)    Any State or federal water quality stream standard or effluent standard has been or is threatened to be violated; or
(7)    Any other good cause exists for revoking the discharge permit.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 3 - Water Pollution Control › Part IV - Discharge Permits › Section 9-331 - Records and Reports

By rule, regulation, order, permit, or otherwise, the Department may require the owner or operator of any source of a discharge of pollutants or of any source that is an industrial user of a publicly owned treatment works:
(1)    To keep records;
(2)    To make reports;
(3)    To install, calibrate, use, and maintain monitoring equipment or methods, including, where appropriate, biological monitoring methods;
(4)    To sample discharges in accordance with the methods, at the locations, at the intervals, and in the manner the Department requires; and
(5)    To provide to the Department any information that the Department reasonably requires about:
(i)    Discharge of pollutants into the waters of this State; or
(ii)    Introduction of pollutants into publicly owned treatment works.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 3 - Water Pollution Control › Part IV - Discharge Permits › Section 9-331.1 - Reporting and Public Notification of Sanitary Sewer Overflows

(a)    (1)    The owner or operator of any sanitary sewer system, combined sewer system, or wastewater treatment plant shall report to the Department any sewer overflow or treatment plant bypass that results in the direct or potential discharge of raw or diluted sewage into the surface waters or groundwaters of the State.
(2)    The report shall be made as soon as practicable but no later than 24 hours after the time that the operator or owner became aware of the event.
(3)    Within 5 calendar days after notification of the event, the owner or operator shall provide the Department with a written report regarding the incident that includes any information required by the Department.
(b)    (1)    Subject to paragraph (2) of this subsection, the Department, in cooperation with the Maryland Department of Health, the local health departments, and local environmental health directors, shall develop procedures for requiring the owner or operator of any sanitary sewer system, combined sewer system, or wastewater treatment plant to provide public notification of a sewer overflow or treatment plant bypass.
(2)    The procedures developed under paragraph (1) of this subsection shall:
(i)    Require that the notification be posted:
1.    In Spanish and English at the location of the sewer overflow or treatment plant bypass;
2.    On the website of the Department, the Maryland Department of Health, and the appropriate local health department; and
3.    On any social media website on which the appropriate local health department regularly posts information; and
(ii)    Require notification within a reasonable time to:
1.    Appropriate downstream jurisdictions;
2.    Appropriate county governments;
3.    State parks impacted by the sewer overflow or treatment plant bypass;
4.    The Department of Natural Resources; and
5.    Any other local, State, or federal land manager impacted by the sewer overflow or treatment plant bypass.
(c)    (1)    The Maryland Department of Health and the local health departments shall make all decisions and determinations as to public health issues resulting from sewer overflows or treatment bypasses.
(2)    The owner or operator of any sanitary sewer system, combined sewer system, or wastewater treatment plant is not responsible for making public health determinations regarding sewer overflow or treatment plant bypasses.
(d)    The Department shall adopt regulations to implement the requirements of this section.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 3 - Water Pollution Control › Part IV - Discharge Permits › Section 9-332 - Publicly Owned Treatment Works

(a)    A person may not introduce any pollutant, either directly or indirectly, into a publicly owned treatment works, or into any conveyance leading to a publicly owned treatment works, in violation of any applicable pretreatment requirements including federal pretreatment standards, State requirements, local ordinances, or any pretreatment agreement.
(b)    The Secretary may delegate to owners of publicly owned treatment works the authority to apply and enforce State pretreatment requirements against industrial users.
(c)    The Secretary may determine which publicly owned treatment works are or may be adversely impacted by industrial users and may require the owners of those publicly owned treatment works to develop and maintain programs which meet State pretreatment requirements.
(d)    This section shall not be construed to limit any other provision of law imposing any restriction or prohibition relating to the discharge or disposal of pollutants or controlled hazardous wastes.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 3 - Water Pollution Control › Part V - Enforcement › Section 9-334 - Complaint

(a)    The Department shall issue a written complaint if the Department has reasonable grounds to believe that the person to whom the complaint is directed has violated:
(1)    This subtitle;
(2)    Any rule or regulation adopted under this subtitle; or
(3)    Any order or permit issued under this subtitle.
(b)    A complaint issued under this section shall:
(1)    Specify the provision that allegedly has been violated; and
(2)    State the alleged facts that constitute the violation.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 3 - Water Pollution Control › Part V - Enforcement › Section 9-335 - Issuance of Notice or Order

(a)    After or concurrently with service of a complaint under this subtitle, the Department may:
(1)    Issue an order that requires the person to whom the order is directed to take corrective action within a time set in the order;
(2)    Send a written notice that requires the person to whom the notice is directed to file a written report about the alleged violation; or
(3)    Send a written notice that requires the person to whom the notice is directed:
(i)    To appear at a hearing before the Department at a time and place the Department sets to answer the charges in the complaint; or
(ii)    To file a written report and also appear at a hearing before the Department at a time and place the Department sets to answer the charges in the complaint.
(b)    Any order issued under this section is effective immediately, according to its terms, when it is served.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 3 - Water Pollution Control › Part V - Enforcement › Section 9-336 - Service

(a)    Any complaint, order, notice, or other instrument issued by the Department under this subtitle may be served on the person to whom it is directed:
(1)    In accordance with § 1–204 of this article; or
(2)    By publication.
(b)    If service is made by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, the person who mails the document shall file with the Department verified proof of mailing.
(c)    Any notice that requires filing of a report, attendance at a hearing, or both shall be served at least 10 days before the earlier of:
(1)    The time set for the hearing, if any;  or
(2)    The time set for the filing of the report, if any.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 3 - Water Pollution Control › Part V - Enforcement › Section 9-337 - Hearings

(a)    The Department shall give notice and hold any hearing under this subtitle in accordance with the Administrative Procedure Act.
(b)    (1)    Within 10 days after being served with an order under § 9-335(a)(1) of this subtitle, the person served may request in writing a hearing before the Department.
(2)    If a request for a hearing is made under this subsection, the Department shall:
(i)    Hold the hearing within 10 days after receiving the request; and
(ii)    Render a decision within 10 days after the hearing.
(c)    Within 10 days after being served with a notice under § 9-335(a)(2) of this subtitle, the person served may request in writing a hearing before the Department.
(d)    The Department may make a verbatim record of the proceedings of any hearing held under this subtitle.
(e)    (1)    In connection with any hearing under this subtitle, the Department may:
(i)    Subpoena any person or evidence; and
(ii)    Order a witness to give evidence.
(2)    A subpoenaed witness shall receive the same fees and mileage reimbursement as if the hearing were part of a civil action.
(3)    If a person fails to comply with a subpoena or order issued under this subsection, on petition of the Department, a circuit court, by order, may:
(i)    Compel obedience to the Department’s order or subpoena; or
(ii)    Compel testimony or the production of evidence.
(4)    The court may punish as a contempt any failure to obey its order issued under this section.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 3 - Water Pollution Control › Part V - Enforcement › Section 9-338 - Final Corrective Orders

(a)    (1)    Unless the person served with an order under § 9-335(a)(1) of this subtitle makes a timely request for a hearing, the order is a final order.
(2)    If the person served with an order under § 9-335(a)(1) of this subtitle makes a timely request for a hearing, the order becomes a final corrective order when the Department renders its decision following the hearing.
(b)    (1)    If the Department issues a notice under § 9-335(a)(2) or (3) of this subtitle, the Department may not issue an order that requires corrective action by the person to whom the notice is directed until after the later of:
(i)    The time set for the hearing, if any; and
(ii)    The time set for filing of the report, if any.
(2)    After the time within which the Department may not issue a corrective order has passed, if the Department finds that a violation of this subtitle has occurred, the Department shall issue an order that requires correction of the violation within a time set in the order.
(3)    Any order issued under this subsection is a final corrective order and the person to whom the order is directed is not entitled to a hearing before the Department as a result of the order.
(c)    The Department shall:
(1)    Take action to secure compliance with any final corrective order; and
(2)    If the terms of the final corrective order are violated or if a violation is not corrected within the time set in the order, sue to require correction of the violation.
(d)    This section does not prevent the Department or the Attorney General from taking action against a violator before the expiration of the time limitations or schedules in the order.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 3 - Water Pollution Control › Part V - Enforcement › Section 9-339 - Injunctive Relief

(a)    The Department may bring an action for an injunction against any person who violates any provision of this subtitle or any rule, regulation, order, or permit adopted or issued by the Department under this subtitle.
(b)    In any action for an injunction under this section, any finding of the Department after a hearing is prima facie evidence of each fact the Department determines.
(c)    On a showing that any person is violating or is about to violate this subtitle or any rule, regulation, order, or permit adopted or issued by the Department, the court shall grant an injunction without requiring a showing of a lack of an adequate remedy at law.
(d)    If an emergency arises from imminent danger to the public health, to the public welfare, or to the environment, the Department may sue for an immediate injunction to stop any pollution or other activity that is causing the danger.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 3 - Water Pollution Control › Part V - Enforcement › Section 9-340 - Judicial Review

(a)    Any person aggrieved by a final decision of the Department in connection with an order or permit issued under this subtitle may take a direct judicial appeal.
(b)    The appeal shall be made as provided for judicial review of final decisions in the Administrative Procedure Act.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 3 - Water Pollution Control › Part V - Enforcement › Section 9-341 - Actions Relating to Publicly Owned Treatment Works

(a)    If any condition of a permit for discharges from a publicly owned treatment works is violated, the Department, by corrective order or by request for injunctive action under this subtitle, may restrict or prohibit the introduction of any pollutant into the treatment works by any source that did not use the treatment works before the time of the finding that the condition was violated.
(b)    If the Department finds that an industrial user is not in compliance with a system of user charges required under State law or federal law, or with a condition of a permit issued by the Department to the publicly owned treatment works into which the industrial user is introducing pollutants, the Department may enforce or apply the system of user charges directly against the industrial user by corrective order or by requesting injunctive action under this subtitle.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 3 - Water Pollution Control › Part V - Enforcement › Section 9-342 - Civil Penalties

(a)    In addition to being subject to an injunctive action under this subtitle, a person who violates any provision of this subtitle or of any rule, regulation, order, or permit adopted or issued under this subtitle is liable to a civil penalty not exceeding $10,000, to be collected in a civil action brought by the Department. Each day a violation occurs is a separate violation under this subsection.
(b)    (1)    In addition to any other remedies available at law or in equity and after an opportunity for a hearing which may be waived in writing by the person accused of a violation, the Department may impose a penalty for violation of any provision of this subtitle or any rule, regulation, order, or permit adopted or issued under this subtitle.
(2)    The penalty imposed on a person under this subsection shall be:
(i)    Up to $10,000 for each violation, but not exceeding $100,000 total; and
(ii)    Assessed with consideration given to:
1.    The willfulness of the violation, the extent to which the existence of the violation was known to but uncorrected by the violator, and the extent to which the violator exercised reasonable care;
2.    Any actual harm to the environment or to human health, including injury to or impairment of the use of the waters of this State or the natural resources of this State;
3.    The cost of cleanup and the cost of restoration of natural resources;
4.    The nature and degree of injury to or interference with general welfare, health, and property;
5.    The extent to which the location of the violation, including location near waters of this State or areas of human population, creates the potential for harm to the environment or to human health or safety;
6.    The available technology and economic reasonableness of controlling, reducing, or eliminating the violation;
7.    The degree of hazard posed by the particular pollutant or pollutants involved; and
8.    The extent to which the current violation is part of a recurrent pattern of the same or similar type of violation committed by the violator.
(3)    Each day a violation occurs is a separate violation under this subsection.
(4)    Any penalty imposed under this subsection is payable to this State and collectible in any manner provided at law for the collection of debts.
(5)    If any person who is liable to pay a penalty imposed under this subsection fails to pay it after demand, the amount, together with interest and any costs that may accrue, shall be:
(i)    A lien in favor of this State on any property, real or personal, of the person; and
(ii)    Recorded in the office of the clerk of court for the county in which the property is located.
(6)    Any penalty collected under this subsection shall be placed in a special fund to be used for monitoring and surveillance by the Department to assure and maintain an adequate record of any violations, including discharge of waste material and other pollutants into the waters of this State or into the environment.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 3 - Water Pollution Control › Part V - Enforcement › Section 9-342.2 - Reimbursement of Costs in Conducting Environmental Health Monitoring or Testing

(a)    A person who discharges a pollutant into the waters of the State in violation of § 9–322 or § 9–323 of this subtitle shall reimburse the Department for the reasonable costs incurred by the Department 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 discharge.
(b)    The Department may recover costs that are reimbursable under subsection (a) of this section in a civil action.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 3 - Water Pollution Control › Part V - Enforcement › Section 9-343 - Criminal Penalties

(a)    (1)    A person who violates any provision of or fails to perform any duty imposed by this subtitle, or who violates any provision of or fails to perform any duty imposed by a rule, regulation, order, or permit adopted or issued under this subtitle, is guilty of a misdemeanor and on conviction is subject to:
(i)    For a first offense, a fine not exceeding $25,000 or imprisonment not exceeding 1 year or both; or
(ii)    If the conviction is for a violation committed after a first conviction of the person under this subsection, a fine not exceeding $50,000 for each day of violation or imprisonment not exceeding 2 years or both.
(2)    In addition to any criminal penalties imposed on a person convicted under this subsection, the person may be enjoined from continuing the violation.
(3)    Each day on which a violation occurs is a separate violation under this subsection.
(b)    A person is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50,000 or imprisonment not exceeding 2 years or both if the person:
(1)    Knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this subtitle or any rule, regulation, order, or permit adopted or issued under this subtitle; or
(2)    Falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this subtitle or any rule, regulation, order, or permit adopted or issued under this subtitle.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 3 - Water Pollution Control › Part V - Enforcement › Section 9-344 - Attorney General Responsible for Cases

(a)    The Attorney General shall take charge of, prosecute, and defend on behalf of this State every case arising under the provisions of this subtitle, including the recovery of penalties.
(b)    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 9 - Water, Ice, and Sanitary Facilities › Subtitle 3 - Water Pollution Control › Part VI - Water Pollution Control Fund › Section 9-344.1 - Right to Intervene in Civil Actions Involving Water Pollution Control -- Same Rights as Interested Person or Aggrieved Party

(a)    Subject to subsection (b) of this section, a person who meets the threshold standing requirements under the federal Clean Water Act has an unconditional right and the authority to intervene in a civil action that the State initiates in State court to require compliance with:
(1)    This subtitle;
(2)    Regulations adopted by the Department in accordance with this subtitle; or
(3)    Any discharge permit, effluent limitation, or order issued by the Department in accordance with this subtitle.
(b)    A person shall exercise the right to intervene under subsection (a) of this section in accordance with the applicable practices, procedures, and laws in the State.
(c)    A person who meets the requirements to intervene under subsection (a) of this section has the same rights as an interested person or aggrieved party under the federal Clean Water Act, including the right to apply for judicial appeal.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 3 - Water Pollution Control › Part VI - Water Pollution Control Fund › Section 9-346 - Conditions of Grants, Loans, or Loan Guarantees

(a)    To the extent not inconsistent with this subtitle, a grant, loan, or loan guarantee agreement shall contain those conditions that the Secretary requires by regulation and that the Board of Public Works requires on a specific application for financial assistance in order to achieve the goals of this subtitle and to otherwise protect the interests of the State.
(b)    (1)    A State loan extended under this subtitle:
(i)    May not exceed $500,000 in principal amount;
(ii)    Shall bear at least the same rate of interest as the most recent State general obligation bond sale preceding the date of approval by the Board of Public Works; and
(iii)    Shall be repaid within 30 years.
(2)    The aggregate principal amount of all loans to a single applicant in any calendar year may not exceed $500,000 unless the Board of Public Works determines that extraordinary circumstances exist.
(c)    A loan guarantee of the principal of or interest on any commercial loan or obligation to finance the eligible cost of a project under this subtitle may only be made if the applicant certifies that it is unable to obtain on reasonable terms sufficient credit to finance its actual needs without the guarantee and if the Board of Public Works determines that there is a reasonable assurance of repayment of the loan obligation. A loan guarantee may not exceed $500,000 to a single applicant unless the Board of Public Works determines that extraordinary circumstances exist.
(d)    The eligible cost of a project for State financial assistance under this subtitle may include the costs of reports, plans, specifications, legal and administrative services, equipment, construction, rehabilitation or improvement, and may include land, easements, and rights-of-way. However, the eligible cost of a project to control nonpoint sources of agriculturally related water pollution may not include land or interests in land.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 3 - Water Pollution Control › Part VI - Water Pollution Control Fund › Section 9-347 - Construction Grants or Loans; Satisfaction of State Water Qualities Standards

(a)    Grants or loans may be awarded under this section to any State or local governmental entity responsible by law for the provision of sewerage systems in order to finance construction of those systems so as to satisfy State water quality standards and policies.
(b)    (1)    Except as provided in paragraph (2) and subsection (d), combined State and federal assistance shall not exceed 87 1/2 percent of federally eligible costs.
(2)    Combined State and federal assistance under this section shall not exceed 77 1/2 percent if the Department has determined that:
(i)    A project is eligible for federal construction grant funding before October 1, 1984; and
(ii)    The information required by the federal government or the Department has not been provided by the applicant in a timely fashion to allow approval by that date.
(c)    State grants or loans authorized under this section may only be used to finance projects for which construction grant funding under the federal Clean Water Act has been awarded.
(d)    For projects which contain innovative or alternative technology as defined by the federal Clean Water Act, State and federal assistance may not exceed 96 1/4 percent of eligible costs for that technology.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 3 - Water Pollution Control › Part VI - Water Pollution Control Fund › Section 9-348 - Construction Grants or Loans; Water Quality Improvement

(a)    Grants or loans may be awarded under this section to any State or local governmental entity responsible by law for the provision of sewerage systems to finance the construction of sewerage systems needed to improve water quality whether or not the project is eligible for construction grant assistance under the federal Clean Water Act.
(b)    Projects which may receive financial assistance under this section include those providing for:
(1)    Chlorine removal;
(2)    Nitrogen removal;
(3)    Phosphorus removal when in conjunction with a nitrogen removal cost–share grant; or
(4)    Wastewater collection or treatment otherwise undertaken to correct existing special water quality needs or an extraordinary public health problem.
(c)    Grants or loans awarded under this section may be awarded for up to 100 percent of eligible costs.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 3 - Water Pollution Control › Part VI - Water Pollution Control Fund › Section 9-349 - Loans or Loan Guarantees to Industrial Users

(a)    (1)    Loans or loan guarantees may be awarded to industrial users for projects that provide for pretreatment of pollutants that are discharged directly or indirectly into publicly owned treatment works or into any conveyance leading to a publicly owned treatment plant.
(2)    The Secretary and the Secretary of Commerce shall jointly administer the program established under this section with the Secretary of Commerce being primarily responsible for the assessment of the financial capability of an applicant and appropriateness of the terms and conditions of any loan assistance.
(b)    Loan assistance may be awarded to a person under this section if:
(1)    An agreement is executed by the person that:
(i)    Specifies the purpose, amount, manner of repayment, and any other condition required by the Board of Public Works;
(ii)    Obligates the person to construct, install, and operate the pretreatment project in a manner that ensures compliance with all pretreatment requirements and technical specifications, to maintain the project for its expected life span, and to bind any successor in title; and
(iii)    Shall be signed by the Secretary and the Secretary of Commerce or their designees;
(2)    The applicant certifies that it is otherwise unable to obtain on reasonable terms sufficient credit to finance the pretreatment project and the Secretary of Commerce determines that there is a reasonable assurance of repayment of the loan;
(3)    The Secretary of the Environment determines that the project meets all applicable technical standards and that all cost estimates are reasonable and represent eligible costs; and
(4)    When an applicant leases the property where the pretreatment project will be constructed, the landowner consents to the terms and conditions of the agreement.
(c)    For any loan assistance exceeding $2,500, the Secretary of Commerce shall require the granting to the State of an appropriate security interest in any equipment, structures, or similar items purchased with State money.
(d)    In accordance with § 9–345 of this subtitle, the Secretary and the Secretary of Commerce jointly shall adopt rules and regulations to implement this section.
2023 Maryland Statutes › Environment › Title 9 - Water, Ice, and Sanitary Facilities › Subtitle 3 - Water Pollution Control › Part VI - Water Pollution Control Fund › Section 9-350 - Additional Grants Under Fund

(a)    (1)    Grants may be awarded to counties and municipalities for projects to reduce pollution from stormwater runoff in existing urbanized areas.
(2)    Grants may be used for construction on privately owned property if:
(i)    Necessary for the purpose of the project; and
(ii)    An agreement has been made with the property owner.
(3)    A grant awarded under this subsection:
(i)    Shall not exceed 75 percent of all eligible costs; and
(ii)    Shall not exceed $500,000.
(b)    (1)    In addition to cost sharing funds provided under Title 8, Subtitle 7 of the Agriculture Article, grants may be awarded for projects to implement best management practices to prevent or control agriculturally related nonpoint sources of water pollution on State land or to governmental entities in other areas in which the potential for water pollution from agriculture is substantial. When cost sharing funds are provided under Title 8, Subtitle 7 of the Agriculture Article, the procedures and requirements of that law rather than § 9–345 of this subtitle apply.
(2)    Grants awarded under this subsection to governmental entities or for use on State land may be awarded for up to 100 percent of the total cost of a project. However, in awarding such grants, the applicant’s financial capability to cost share and any resultant economic benefit shall be considered in determining the extent of any required matching dollar amount.
(3)    All grants awarded under this subsection shall be made after prior consultation with the Secretary of Agriculture.