reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 4 - Water Pollution Control and Abatement › Section 4-407 - Bond of Vessels on Waters of State to Discharge or Receive Oil Cargo

(a)    Except as provided in subsection (b) of this section and except for a vessel or barge carrying or receiving 25 barrels or less of oil, any vessel or barge, whether or not self-propelled, in or entering upon the waters of the State to discharge or receive a cargo of any bulk oil in the State shall post a bond of $500 per gross ton of vessel or barge or other security, in an equal amount, determined to be sufficient by the Secretary with the Department of the Environment. The bond or other security shall be in a form approved by the Department and may be obtained individually or jointly by the vessel or barge, its owner or agent, its charterer, or the owner or operator of the terminal at which the vessel or barge discharges or receives the bulk oil. If the Department of the Environment determines oil has been discharged or spilled into the waters of the State from the vessel or barge, the bond or other security shall be forfeited to the Department, to the extent of the costs incurred to eliminate the residue of oil discharge or spillage, to the extent of damage caused to the natural and recreational resources of the State, and to the extent of any otherwise uncollectible fine levied against the vessel or barge, its owner or agent, its charterer, or the owner or operator of the terminal at which the vessel or barge discharges or receives the bulk oil, or any other person responsible for the discharge or spill. The remedies provided in this section are in addition to every other remedy available. Bond or other security may not be released without certification by the Department of the Environment that the vessel or barge has not been a source of oil discharge or spillage into the waters of the State. If the owner or operator of a vessel or barge presents adequate evidence of financial responsibility to the Department, it shall be exempt from the Department provisions requiring posting, and forfeiture, on certain conditions of a bond or other security.
(b)    The Secretary may waive the bond or other security requirements of subsection (a) of this section if the Secretary determines that the bonds or securities required are unavailable.
(c)    If the Secretary has not waived the bond or security requirements as provided in subsection (b) of this section, the owner, agent, charterer, and owner or operator of the terminal at which a vessel or barge discharges or receives cargo of bulk oil without being bonded as provided in subsection (a) of this section is guilty of a misdemeanor and upon conviction in a court of competent jurisdiction is subject to a fine not exceeding $25,000 for each offense.
(d)    All penalties and bond and security forfeitures collected under this section shall be credited to the Maryland Oil Disaster Containment, Clean-Up and Contingency Fund.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 4 - Water Pollution Control and Abatement › Section 4-408 - Compensatory Fee for Oil Spillage

The Department of the Environment shall charge and collect a compensatory fee from the person responsible for any oil spillage. This fee shall cover the costs incurred by any person who responds to an oil spillage with the authorization of the Department and shall cover the cost of labor, equipment operation, and material necessary to eliminate the residue of oil spillage, and the cost of restoring the area damaged by the spillage to its original condition. Any compensatory fees collected by the Department for costs incurred by a person authorized to respond to an oil spillage shall be reimbursed to that person by the Department.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 4 - Water Pollution Control and Abatement › Section 4-409 - Liability for Damages Caused by Oil Spillage; Underground Tanks

(a)    The person responsible for the oil spillage shall be liable to any other person for any damage to his real or personal property directly caused by the spillage.
(b)    (1)    In this subsection, “owner of an underground oil storage tank” includes any person who:
(i)    Causes an underground oil storage tank to be installed; or
(ii)    Acquires, other than through a lease or rental, and uses an underground oil storage tank.
(2)    The Department shall adopt regulations requiring the owner of an underground oil storage tank to provide evidence of financial responsibility for costs of cleanup, corrective action, and third party liability in the event of a discharge.
(3)    Tanks subject to the financial responsibility requirements of this subsection shall be the same as those tanks for which financial assurance is required under Subtitle I of the Resource Conservation and Recovery Act, and limits of coverage shall be the same as those imposed under that act.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 4 - Water Pollution Control and Abatement › Section 4-410 - Discharge of Oil Generally

(a)    Except in case of emergency imperiling life or property, unavoidable accident, collision, or stranding, or as authorized by a permit issued under § 9–323 of this article, it is unlawful for any person to discharge or permit the discharge of oil in any manner into or on waters of this State.
(b)    Notwithstanding any provision of this subtitle, any person discharging or permitting the discharge of oil, or who either actively or passively participates in the discharge or spilling of oil either from a land–based installation, including aboveground or underground storage tanks and vehicles in transit, or from any vessel, barge, ship, or boat of any kind, shall report the incident immediately to the Department. The person shall remain available until clearance to leave is given by the appropriate officials designated by the Department.
(c)    To administer this section the Department of the Environment may use the organization, equipment, and units, including engineering, clerical, and other personnel, employed in the improvement and preservation of waters and natural resources of the State to enforce the laws for the preservation and protection of the waters and natural resources of the State. Any person authorized by law to make arrests may apply for a warrant, arrest, and take into custody, with or without process, any person who violates any provision of this section. However, a person may not be arrested without process for a violation not committed in the presence of one of the aforesaid officials. If any person is arrested under the provisions of this section, the person arrested immediately shall be brought before a judge or court of the State for examination of the offense alleged against him.
(d)    Whenever any person, vessel, barge, ship, or boat is accused of violating any provision of this section, the arresting officer shall notify the Department of the Environment in writing to permit the Department to take any advisable action. The provisions of this subsection are directory only.
(e)    This section shall be in addition to the laws existing prior to June 1, 1949, for the preservation and protection of waters of the Chesapeake Bay and its tributaries. It does not repeal, modify, or in any manner affect the provisions of those laws.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 4 - Water Pollution Control and Abatement › Section 4-411.1 - Underground Oil Storage Facilities

(a)    On or before July 1, 1990, the owner, operator, or person in charge of an underground oil storage facility shall register the underground oil storage facility with the Department.
(b)    Unless an underground oil storage facility is registered with the Department in accordance with the provisions of subsection (a) of this section and is in substantial compliance with State law and regulations relating to oil storage, as defined by regulation, no oil may be sold to or received by the underground oil storage facility.
(c)    For the purposes of this section, if any underground oil storage facility registered with the Department under subsection (a) of this section is removed, or no longer in use, the owner, operator, or person in charge of the underground oil storage facility shall notify the Department not later than 30 days after the removal or discontinuance of use.
(d)    The Department shall adopt regulations to:
(1)    Implement the provisions of this section; and
(2)    Define “underground oil storage facility”.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 4 - Water Pollution Control and Abatement › Section 4-411.2 - Groundwater Contamination

(a)    Within 14 days of the finding, the Department shall notify the appropriate local health department of a finding that a groundwater monitoring well sample taken from a high–risk groundwater use area, as defined by the Department, contains:
(1)    Methyl tertiary butyl ether at or in excess of 20 parts per billion;
(2)    Benzene at or in excess of 5 parts per billion; or
(3)    A combination of benzene, toluene, ethyl benzene, and xylene at or in excess of 100 parts per billion.
(b)    (1)    Except as provided in paragraph (2) of this subsection, the Department shall notify each owner of property within one–half mile of the site from which the sample was taken.
(2)    If the Department and the local health department agree, the local health department shall give the notice required under this section.
(3)    The notification shall:
(i)    Be mailed within 14 days of the receipt of a notice from the Department under subsection (a) of this section;
(ii)    Be mailed via certified mail; and
(iii)    Provide the property owner with information regarding the amount of contamination at the site.
(c)    The person responsible for the release that resulted in the groundwater contamination shall reimburse the Department or the local health department for the costs associated with providing the notice required under subsection (b) of this section.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 4 - Water Pollution Control and Abatement › Section 4-413 - Adding, Introducing, etc., Soil or Sediment Into Waters of the State

(a)    Except as provided in subsection (b) of this section, or except as authorized by a permit issued under § 9-323 of this article, it is unlawful for any person to add, introduce, leak, spill, or otherwise emit soil or sediment into waters of the State or to place soil or sediment in a condition or location where it is likely to be washed into waters of the State by runoff of precipitation or by any other flowing waters.
(b)    A person engaged in agricultural land management practices, as defined by the Department for the purposes of Subtitle 1 of this title, may not add, introduce, leak, spill, or otherwise emit soil or sediment into waters of the State unless that person is implementing and maintaining a soil conservation and water quality plan approved by the local soil conservation district. If a person engaging in agricultural land management practices without a district approved soil conservation and water quality plan complies with an order for corrective action issued under § 4-412(a) of this subtitle, that person shall not be subject to penalties as provided under § 4-417 of this subtitle.
(c)    With the approval of the Department of Agriculture, the Department of the Environment shall adopt regulations to implement subsection (b) of this section.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 4 - Water Pollution Control and Abatement › Section 4-414 - Evaluating and Monitoring Dumping of Dredged Spoils

The Department of Natural Resources, in cooperation with other appropriate agencies, shall evaluate and monitor the dumping of all dredged spoil and similar type operations in the waters of the State. The frequency of monitoring during actual operations shall be sufficient to promptly identify any irregular or unanticipated occurrence within sufficient time to modify or terminate the operations before environmental damage occurs. All monitoring data shall be made available promptly to the public.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 4 - Water Pollution Control and Abatement › Section 4-415 - Orders to Correct Violations

If a violation of any provision of this subtitle has occurred and the existence of the violation has been finally determined, the Department shall promptly issue an order requiring the correction of each violation found to have occurred, and the Department shall secure compliance with the provisions of the order. If the terms of the order are violated or if the violation has not been corrected within the time specified in the order, the violation shall be referred to the Attorney General, who, in addition to any other action taken or which he elects to take against the violator, shall take appropriate legal action to require correction of the violation. This section does not prevent the Attorney General or the Department from taking action against the violator before the expiration of the time limitations or schedules in the order.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 4 - Water Pollution Control and Abatement › Section 4-415.1 - Entry and Access to Property

(a)    At any reasonable time, to carry out duties under this subtitle, a representative of the Department may enter any oil storage facility or vessel or barge in or entering upon the waters of the State to discharge or receive a cargo of any bulk oil:
(1)    To inspect the vessel, barge, or oil storage facility;
(2)    To obtain water, air, or soil samples; and
(3)    To measure the volume and kinds of substances that are received or stored.
(b)    The Department may enter any property and assume control of any oil spill situation when it determines that a responsible party is not:
(1)    Acting promptly to remove the spill; or
(2)    Undertaking removal or mitigation in a manner appropriate to control or rectify the conditions causing the condition.
(c)    If entry is denied under this section, the Secretary may seek an injunction to enter the facility or property.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 4 - Water Pollution Control and Abatement › Section 4-416 - Injunctive Relief

(a)    The Attorney General, on the request of the Department, shall prosecute criminal cases or bring an action for an injunction against any person violating the provisions of this title, or violating any valid order or permit issued by the Department. In any action for an injunction brought pursuant to this section, any finding of the Department after hearing shall be prima facie evidence of each fact found.
(b)    Upon a showing by the Attorney General, in behalf of the Department, that any person is violating or is about to violate the provisions of this subtitle or is violating or is about to violate any valid order or permit issued by the Department, an injunction shall be granted without the necessity of showing a lack of adequate remedy at law. In circumstances of emergency creating conditions of imminent danger to the public health, welfare or the environment, the Attorney General, on behalf of the Department, may institute a civil action for an immediate injunction to halt any pollution or other activity causing the danger.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 4 - Water Pollution Control and Abatement › Section 4-418 - Violations of 4-410; Enforcement and Disposition of Penalties and Compensatory Fees

(a)    Any person responsible for a discharge of oil in violation of § 4-410(a) or (b) of this subtitle is:
(1)    Guilty of a misdemeanor and on conviction is subject to a fine or imprisonment or both for each offense as provided in § 4-417(b) of this subtitle;
(2)    Subject to the civil penalties set forth in § 4-417(a) of this subtitle; and
(3)    Liable for the pecuniary penalty specified in § 4-417(d) of this subtitle.
(b)    In addition to any other civil, criminal, or administrative penalty available, a person responsible for a discharge who violates § 4-410(a) or (b) of this subtitle in connection with a discharge or spill of oil exceeding 25,000 gallons is liable for a penalty, which may be recovered in a civil action, of up to $100 for each gallon discharged or spilled.
(c)    Clearance of a vessel or barge from a port of the State may be withheld until all penalties assessed under this subtitle and all compensatory fees charged under § 4-408 of this subtitle are paid. The penalties and compensatory fees constitute a lien on the vessel.
(d)    All penalties collected under this section shall be paid into the Maryland Oil Disaster Containment, Clean-Up and Contingency Fund.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 4 - Water Pollution Control and Abatement › Section 4-419 - Liability of Persons Assisting in Controlling Discharge

(a)    Notwithstanding any other provision of law, a person is not liable for costs of containment, cleanup, and removal of the discharge or damages as a result of acts or omissions taken in the course of rendering care, assistance, or advice consistent with this subtitle and the National Contingency Plan, or as otherwise directed by the federal on–scene coordinator or appropriate State official unless:
(1)    The person is a person responsible for the discharge in accordance with § 4–401(j) of this subtitle;
(2)    The person is a responsible party as defined by the federal Oil Pollution Act of 1990; or
(3)    The person is grossly negligent or engages in willful misconduct.
(b)    Nothing in subsection (a) of this section shall be construed to affect or limit any cause of action for personal injury or wrongful death arising from an act or omission of a person responding to a discharge.
(c)    A responsible party as defined by the federal Oil Pollution Act of 1990 or a person responsible for the discharge as defined in § 4–401(j) of this subtitle is liable for any containment, cleanup, and removal costs or damages that another person is relieved of under this section.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 4 - Water Pollution Control and Abatement › Section 4-420 - Abandonment of Use of Heating Oil as Fuel

(a)    This section applies to the removal of heating oil tanks from a residential property, when permanently abandoning the use of heating oil as a fuel at the property, whether by converting a heating system from the use of heating oil to another fuel, or otherwise.
(b)    Immediately upon abandonment of the use of heating oil as a fuel at the property, the owner of the heating oil tank shall:
(1)    Remove all flammable and combustible liquids from the heating oil tank and from all piping and piping connections;
(2)    (i)    Remove from the property the heating oil tank, if not in serviceable or operable condition, and all piping and piping connections used for supplying heating oil to the heating system; or
(ii)    In the case of an underground heating oil tank, fill in the tank with dirt, sand, gravel, or similar material;
(3)    Remove any outside filling pipe or secure the pipe against accidental filling; and
(4)    Dispose of all flammable and combustible liquids, and the heating oil tank if required, in accordance with the requirements of this article and other applicable State and federal laws.
(c)    If the abandonment of the use of heating oil occurs as a result of conversion to another heating fuel, the converted heating system shall be inspected in accordance with applicable law.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 5 - Penalty and Fines; Prosecution › Section 4-501 - Penalties and Fines

(a)    Any person who violates any provision of this title is guilty of a misdemeanor. Upon conviction in a court of competent jurisdiction, unless another penalty is specifically provided elsewhere in this title, the person is subject to a fine not exceeding $500, or imprisonment not exceeding three months, or both, with costs imposed in the discretion of the court. Every fine and cost shall be paid in accordance with § 7–503 of the Courts Article.
(b)    Any person found guilty of a second or subsequent violation of any provision of this title in a court of competent jurisdiction, unless another penalty is specifically provided elsewhere in this title, is subject to a fine not exceeding $1,000, or imprisonment not exceeding one year, or both with costs imposed in the discretion of the court. For the purpose of this subsection, a second or subsequent violation is one which has occurred within 2 years of any prior violation of this title.
(c)    In addition to any administrative penalty provided in this title, violation of any rule or regulation or restriction promulgated by any unit within the Department of the Environment pursuant to the provisions of this title is a misdemeanor and is punishable as provided in subsections (a) and (b) of this section.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 6 - Underground Storage Tank Upgrade and Replacement Fund › Section 4-601 - Creation and Uses of Fund; Applicability of Subtitle

(a)    There is an Underground Storage Tank Upgrade and Replacement Fund.
(b)    The Fund shall be used to provide loans to owners of underground storage tanks to finance eligible costs of upgrading and replacing underground storage tanks.
(c)    The provisions of this subtitle do not apply to underground storage tanks:
(1)    That are exempt under § 4–409(b)(3) of this title;
(2)    That are owned by the State or a county or a municipal government;
(3)    That are owned by a local education agency; or
(4)    That are owned by a paid or volunteer fire company or rescue squad.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 6 - Underground Storage Tank Upgrade and Replacement Fund › Section 4-602 - Underground Storage Tank Fee

(a)    On or before September 1, 1991 and until July 1, 1996, a fee shall be paid annually to the Department for each underground storage tank in the State unless the tank is used exclusively for the production, distribution, or sale of petroleum by the owner of the tank.
(b)    The tank fee imposed under this section may not exceed:
(1)    $100 for each tank having a maximum capacity of under 1,100 gallons; and
(2)    $200 for each tank having a maximum capacity of 1,100 gallons or more.
(c)    The tank fee imposed under this section may be waived or reduced provided that:
(1)    The owner of the tank has not been billed for the fee for 2 consecutive years; and
(2)    By October 1, 1996, the owner of the tank upgrades, replaces, or removes the tank to meet the technical requirements of the underground storage tank regulation adopted under Subtitle 4 of this title.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 6 - Underground Storage Tank Upgrade and Replacement Fund › Section 4-603 - Loans for Certain Costs

The Board of Public Works, upon the recommendation of the Secretary, may award a loan to an owner of an underground storage tank to cover the following costs:
(1)    Tank upgrade or replacement costs necessary to meet the technical requirements of regulations adopted by the Environmental Protection Agency for underground storage tanks;
(2)    Costs of site assessment after the upgrade or replacement is completed to determine eligibility for insurance, not to exceed $3,000; and
(3)    Costs of any additional apparatus necessary to bring the underground storage tank system into compliance with other State and federal requirements.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 6 - Underground Storage Tank Upgrade and Replacement Fund › Section 4-604 - Application Procedures and Criteria

(a)    The Department shall adopt regulations to carry out the provisions of this subtitle.
(b)    (1)    The regulations adopted under this subtitle shall establish application procedures and criteria for the award of a loan under this subtitle.
(2)    The criteria shall provide a basis for the priority ranking of projects, and shall include:
(i)    The financial capacity and fiscal accountability of the applicant;
(ii)    The location of the underground storage tank and the degree to which removal of the tank would impose a geographical hardship on the surrounding community or industries dependent on availability of the petroleum;
(iii)    The extent to which the existence of the tank is required for an essential public service;
(iv)    Previous efforts expended to correct any existing environmental problem and to maintain compliance with State and federal regulations;
(v)    Measures to assure accountability for all funds awarded under this subtitle; and
(vi)    Any other criteria that the Secretary considers appropriate.
(c)    The regulations adopted under this subtitle shall require the recipient of a loan under this subtitle to provide the Department with documentation that the proceeds of the loan were applied in accordance with § 4-603 of this subtitle and the loan agreement.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 6 - Underground Storage Tank Upgrade and Replacement Fund › Section 4-605 - Conditions of Loan

(a)    (1)    A loan agreement under this subtitle shall contain those conditions that the Secretary requires by regulation to achieve the purposes of this subtitle and to protect the interests of the State.
(2)    A loan agreement under this subtitle shall contain provisions that authorize the Secretary to recall the loan and require that any amount of financial assistance provided under this subtitle be returned to the State under terms established by the Secretary, if the Secretary determines that:
(i)    The recipient of a loan under this subtitle fails to remain in compliance with any law or regulation governing the installation, operation, or use of underground storage tanks; or
(ii)    The proceeds of a loan provided under this subtitle have been used for a purpose other than one authorized under this subtitle.
(3)    Any funds returned to the State under this subsection shall be credited to the Underground Storage Tank Upgrade and Replacement Fund.
(b)    A loan extended under this subtitle:
(1)    May not exceed $50,000 for any one upgrade;
(2)    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
(3)    Shall be repaid in full in a term not to exceed 15 years in accordance with the provisions of the loan agreement.
(c)    The aggregate amount of all loans awarded under this subtitle to a single applicant in any calendar year may not exceed $150,000, unless the Secretary determines that extraordinary circumstances exist.
(d)    The proceeds of a loan awarded under this subtitle may be applied to the costs of developing plans and specifications, equipment, construction, and site assessment related to the upgrade and replacement of underground storage tanks.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 6 - Underground Storage Tank Upgrade and Replacement Fund › Section 4-606 - Loan Eligibility

(a)    To be eligible for a loan under this subtitle, an applicant shall:
(1)    Be in substantial compliance with all State and federal laws and regulations governing the installation, operation, and use of underground storage tanks; and
(2)    Submit a completed loan processing form to the Department on or before June 30, 1998.
(b)    A loan under this subtitle may not be provided to upgrade or replace any underground storage tank that was not registered with the Department as provided in § 4-411.1 of this title on or before July 1, 1991, unless the Secretary determines that special circumstances exist.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 7 - Oil Contaminated Site Environmental Cleanup Fund › Section 4-701 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Cleanup” means abatement, containment, removal, and disposal of oil and the restoration of the environment.
(c)    “Fund” means the Oil Contaminated Site Environmental Cleanup Fund.
(d)    “Oil” has the meaning provided in § 4–401(h) of this title.
(e)    (1)    “Site rehabilitation” means cleanup actions taken in response to a release from an underground oil storage tank.
(2)    “Site rehabilitation” includes investigation, evaluation, planning, design, engineering, construction, or other services undertaken and expenses incurred to investigate or clean up affected soils, groundwater, or surface water.
(f)    “Third party claim” means any civil action brought or asserted by any person against any owner or operator of any underground oil storage tank for damages to person or property which damages are the direct result of oil released from tanks covered under this subtitle.
(g)    “Underground oil storage tank” has the meaning provided in § 4–401(l) of this title.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 7 - Oil Contaminated Site Environmental Cleanup Fund › Section 4-702 - Legislative Findings; Intent

(a)    The General Assembly finds and declares that:
(1)    The storage of oil in underground oil storage tanks is a major cause of groundwater contamination in this State;
(2)    Groundwater resources are vital to the population and economy of this State; and
(3)    The preservation of the State’s groundwater resources is in the public interest.
(b)    The General Assembly further finds that where contamination of groundwater has occurred due to leaking underground oil storage tanks, remedial measures have often been delayed for long periods due to high costs of such remedial measures. These delays result in the continuation and intensification of the threat to the public health, safety, and welfare, in greater damages to the environment, and in significantly higher costs to clean up the contamination and rehabilitate the site.
(c)    The General Assembly intends this subtitle to provide adequate financial resources and incentives for the expeditious cleanup and rehabilitation of contaminated sites without delay.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 7 - Oil Contaminated Site Environmental Cleanup Fund › Section 4-703 - Construction of Subtitle

(a)    This subtitle may not be construed as altering the rights, responsibilities, or liabilities of a party responsible for the discharge of oil.
(b)    This subtitle is not intended to provide evidence of financial responsibility for owners and operators of underground oil storage tanks under Subtitle I of the Resource Conservation and Recovery Act, the Superfund Amendments and Reauthorization Act of 1986, or any other federal law.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 7 - Oil Contaminated Site Environmental Cleanup Fund › Section 4-704 - Oil Contaminated Site Environmental Cleanup Fund; Exemptions From Subtitle

(a)    There is an Oil Contaminated Site Environmental Cleanup Fund.
(b)    Subject to subsection (c) of this section, the Fund shall be used to:
(1)    Reimburse an owner or operator of:
(i)    An underground oil storage tank subject to the requirements of § 4–409(b)(3) of this title for site rehabilitation costs incurred on or after October 1, 1993 resulting from contamination caused by releases from an underground oil storage tank;
(ii)    An underground oil storage tank not subject to the requirements of § 4–409(b)(3) of this title for site rehabilitation costs incurred on or after October 1, 2000 resulting from contamination caused by releases from an underground oil storage tank; or
(iii)    A heating oil tank for site rehabilitation costs incurred on or after October 1, 2000 resulting from contamination caused by releases from a heating oil tank including piping connected to the tank;
(2)    Provide funds for site rehabilitation activities carried out by the Department or under the Department’s direction and control; and
(3)    To the extent provided in the State budget and in an amount not to exceed 8% of the revenues in the Fund during the fiscal year, provide funds for the Department’s administration of this subtitle.
(c)    Twenty–five percent of the revenues credited to the Fund shall be used for reimbursement of heating oil tank site rehabilitation costs as provided in this subtitle.
(d)    The provisions of this subtitle do not apply to:
(1)    An underground storage tank that is:
(i)    Owned by a State, county, or municipal corporation; or
(ii)    Owned by a local education agency.
(2)    An underground storage tank installed pursuant to Subtitle I of the federal Resource Conservation and Recovery Act; or
(3)    Owners or operators of underground storage tanks that were not in compliance with the requirements of Subtitle I of the federal Resource Conservation and Recovery Act on December 22, 1998.
(e)    (1)    Money in the Fund not required to meet the Department’s obligations in the exercise of the Department’s responsibility under this section:
(i)    Shall be deposited with the State Treasurer to the credit of the Fund; and
(ii)    May be invested as provided by law.
(2)    Interest received on the investment of the excess funds shall be credited to the Fund for use for the purposes described in this subtitle.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 7 - Oil Contaminated Site Environmental Cleanup Fund › Section 4-705 - Reimbursement From Fund

(a)    The owner or operator of an underground oil storage tank eligible under § 4–704(b)(1)(ii) of this subtitle may apply to the Fund for reimbursement, until December 31, 2007, for usual, customary, and reasonable costs incurred on or after October 1, 2000 in performing site rehabilitation.
(b)    (1)    Until June 30, 2021, the owner of a heating oil tank eligible under § 4–704(b)(1)(iii) of this subtitle may apply to the Fund for reimbursement no later than 6 months after the completion of rehabilitation for usual, customary, and reasonable costs incurred on or after October 1, 2000 in performing site rehabilitation.
(2)    Until June 30, 2024, the residential owner of a heating oil tank eligible under § 4–704(b)(1)(iii) of this subtitle may apply to the Fund for reimbursement not later than 6 months after the completion of rehabilitation for usual, customary, and reasonable costs incurred on or after October 1, 2000, in performing the site rehabilitation.
(c)    (1)    Any reimbursement from the Fund for applications approved on or after July 1, 1996 is subject to:
(i)    For owners or operators of six tanks or fewer, a deductible of $7,500;
(ii)    For owners or operators of more than 6 but not more than 15 tanks, a deductible of $10,000;
(iii)    For owners or operators of more than 15 but not more than 30 tanks, a deductible of $15,000;
(iv)    For owners or operators of more than 30 tanks, a deductible of $20,000; and
(v)    For residential owners of heating oil tanks, a deductible of $500; and
(2)    The maximum amount to be reimbursed from the Fund shall be:
(i)    $125,000 for underground oil storage tanks per occurrence; and
(ii)    $20,000 for heating oil tanks per occurrence.
(d)    To be eligible for reimbursement from the Fund, an owner or operator shall:
(1)    Certify that the discharge is not the result of a willful or deliberate act;
(2)    Submit a corrective action plan, schedule, and cost estimate to the Department that shall include provisions for the environmentally sound treatment or disposal of contaminated soils that meet all federal and State requirements and standards; and
(3)    Except for heating oil tanks, certify that the discharge is from a tank registered under § 4–411.1 of this title.
(e)    If the owner or operator knowingly submits a false certification under subsection (d) of this section, that owner or operator is not eligible for reimbursement under this subtitle.
(f)    Only expenses that are cost–effective, reasonable, and consistent with a corrective action plan approved by the Department may be eligible for reimbursement from the Fund.
(g)    The cost for replacement or retrofitting of underground oil storage tanks or heating oil tanks and associated piping is not eligible for reimbursement, and the Department may not incur these costs or expend moneys from the Fund for these purposes.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 7 - Oil Contaminated Site Environmental Cleanup Fund › Section 4-706 - Reimbursement for Department

(a)    If the Department has assumed control of an oil spill situation involving an underground oil storage tank or heating oil tank under this title, the Department may obtain from the Fund, for site rehabilitations that meet the same cleanup priority as those site rehabilitations reimbursed under § 4-705 of this subtitle:
(1)    Reimbursement for usual, customary, and reasonable costs incurred in performing site rehabilitation;
(2)    A guarantee of payment to a qualified contractor for the usual, customary, and reasonable costs of performing site rehabilitation; or
(3)    Matching funds required under § 9003(h) of the Federal Solid Waste Disposal Act for the Federal Leaking Underground Storage Tank Program.
(b)    The per occurrence deductible or limitation provided under § 4-705(c) of this subtitle does not apply to the reimbursement or guarantee to a contractor under this section.
(c)    In order to encourage that site rehabilitation activities be undertaken by an owner, operator, or other person responsible for a discharge from an underground oil storage tank or heating oil tank, any site rehabilitation costs including attorney’s fees and litigation costs incurred by the Department or the Fund under this section shall be recoverable from the responsible party to the Fund.
(d)    Recoveries collected under subsection (c) of this section shall be paid into the Fund.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 7 - Oil Contaminated Site Environmental Cleanup Fund › Section 4-707 - Limitations on Reimbursement

(a)    A payment may not be made from the Fund for a third party claim.
(b)    A payment may not be made as reimbursement for costs incurred or under a guarantee to a contractor unless the balance in the Fund is sufficient to cover the payment requested and any other imminent obligations or expenses of the Fund.
(c)    Requests for payment from the Fund that are denied under subsection (b) of this section shall be paid only as additional funds become available and may not be paid from any other fund of the State.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 7 - Oil Contaminated Site Environmental Cleanup Fund › Section 4-708 - Regulations; Annual Report

(a)    The Department shall adopt regulations to implement the requirements of this subtitle no later than September 30, 1993 in order to begin making disbursements from the Fund no later than January 1, 1994.
(b)    Beginning January 1, 1995, the Department shall annually report to the General Assembly, subject to § 2-1257 of the State Government Article, on the status of the Fund and on the revenues to and expenditures from the Fund.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 8 - Report on Environmental Violations › Section 4-801 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Compliance assistance” means an action taken by a jurisdiction with delegated authority under Subtitle 1 of this title that:
(1)    Corrects a violation before a formal enforcement action is necessary; or
(2)    Was voluntarily taken to prevent future violations.
(c)    “Critical Area” has the meaning stated in § 8–1802 of the Natural Resources Article.
(d)    (1)    “Sensitive area” means an area of critical concern.
(2)    “Sensitive area” includes:
(i)    Buffers, as defined in COMAR 27.01.01.01;
(ii)    Habitat protection areas, as defined in COMAR 27.01.01.01;
(iii)    Modified buffer areas, as defined in COMAR 27.01.01.01;
(iv)    Nontidal wetlands, as defined in COMAR 26.23.01.01;
(v)    Tidal wetlands, as defined in COMAR 26.24.01.02;
(vi)    100–year floodplains, as defined in COMAR 08.19.03.01; and
(vii)    Stream buffers, as defined in COMAR 08.19.03.01.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 8 - Report on Environmental Violations › Section 4-802 - Reports; Technical Assistance; Posting of Information Collected

(a)    (1)    On or before January 1 each year, each jurisdiction that has delegated authority under Subtitle 1 of this title to enforce sediment and erosion control laws and regulations shall report to the Department on:
(i)    The total number of cases alleging violations of:
1.    Sediment and erosion control laws and regulations; and
2.    Building and grading permits; and
(ii)    The total number of cases alleging violations in the Critical Area of:
1.    Sediment and erosion control laws and regulations; and
2.    Building and grading permits.
(2)    The information reported to the Department under paragraph (1) of this subsection shall include:
(i)    The number and nature of:
1.    Formal complaints issued by the jurisdiction and whether the complaint is in the Critical Area;
2.    Stop work orders issued by the jurisdiction; and
3.    Alleged violations reported by citizens to the jurisdiction;
(ii)    The number of court proceedings involving an alleged violation, including the final disposition of each court proceeding;
(iii)    The dollar amount of fines levied and collected by the jurisdiction as a result of a violation;
(iv)    The dollar amount of civil and criminal penalties imposed and collected as a result of a violation;
(v)    1.    Whether the jurisdiction provided compliance assistance to correct a violation and the nature of that assistance; and
2.    Whether the compliance assistance provided by the jurisdiction led to compliance; and
(vi)    The number of inspectors and other staff of the jurisdiction assigned to inspection and enforcement of:
1.    Title 8, Subtitle 18 of the Natural Resources Article;
2.    Sensitive areas ordinances;
3.    100–year floodplain ordinances;
4.    Sediment and erosion control laws and regulations; and
5.    Building and grading permits.
(b)    On request of a jurisdiction that has delegated authority under Subtitle 1 of this title to enforce sediment and erosion control laws and regulations, the Department shall provide technical assistance to the jurisdiction to meet the reporting requirements under subsection (a) of this section.
(c)    The Department shall post the information collected under subsection (a) of this section on its website.
(d)    On or before March 1 each year, the Department shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on:
(1)    The information collected under subsection (a) of this section; and
(2)    Any other information provided to the Department by a jurisdiction that has been delegated authority under Subtitle 1 of this title to enforce sediment and erosion control laws and regulations.
2023 Maryland Statutes › Environment › Title 4 - Water Management › Subtitle 9 - Miscellaneous › Section 4-901 - Requiring the Department to Submit an Addendum and Certain Milestones to the u.s. Environmental Protection Agency -- Implementation by Certain Date

(a)    The Department shall submit to the U.S. Environmental Protection Agency a Chesapeake Bay Total Maximum Daily Load Phase III Watershed Implementation Plan climate load allocation addendum and updated 2–year milestones that fully offset additional nitrogen, phosphorus, and sediment loads attributable to the impacts of climate change as determined and allocated by the Chesapeake Bay Program.
(b)    The Department shall fully implement the addendum and updated milestones under subsection (a) of this section on or before December 31, 2025.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 1 - In General › Section 5-101 - Definitions

(a)    In this title the following words have the meanings indicated.
(b)    “Administration” means the Water Management Administration.
(c)    “Appropriate county governing body” means the county commissioners of any nonchartered county or the county council of any chartered county in which a portion of the watershed is located.
(d)    “County” includes Baltimore City unless otherwise indicated.
(e)    “Department” means the Department of the Environment.
(f)    “Director” means the Director of the Water Management Administration.
(g)    “Person” includes the federal government, the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity.
(h)    (1)    “Pollution” means every contamination or other alteration of the physical, chemical, or biological properties of any waters of the State.
(2)    “Pollution” includes change in temperature, taste, color, turbidity, or odor of the waters of the State or the discharge or deposit of any organic matter, harmful organism, or liquid, gaseous, solid, radioactive, or other substance into any waters of the State as will render the waters of the State harmful, detrimental, or injurious to public health, safety, or welfare, domestic, commercial, industrial, agricultural, recreational, other legitimate beneficial uses, or livestock, wild animals, birds or fish or other aquatic life.
(i)    “Public water system” has the meaning stated in § 9–401 of this article.
(j)    “Secretary” means the Secretary of the Environment.
(k)    “Water management strategy area” means an area designated by the Department in which a specific water resource problem has been identified and for which the Department has adopted specific water use restrictions or criteria for permit approval in order to protect the water resource or existing water users.
(l)    “Waters of the State” includes:
(1)    Both surface and underground waters within the boundaries of the State subject to its jurisdiction;
(2)    That portion of the Atlantic Ocean within the boundaries of the State;
(3)    The Chesapeake Bay and its tributaries;
(4)    All ponds, lakes, rivers, streams, public ditches, tax ditches, and public drainage systems within the State, other than those designed and used to collect, convey, or dispose of sanitary sewage; and
(5)    The floodplain of free–flowing waters determined by the Department on the basis of the 100–year flood frequency.
2023 Maryland Statutes › Environment › Title 5 - Water Resources › Subtitle 2 - Organization and Authority of Unit Pertaining to Water and Water Resources -- in General › Section 5-201 - Water Management Administration

(a)    There is a Water Management Administration in the Department.
(b)    (1)    The Administration shall be adequately staffed and organized to carry out the provisions of this title and at salaries provided in the State budget.
(2)    Subject to the Secretary’s authority as provided in Title 1 of this article, the Administration’s staff shall be appointed and removed in accordance with the provisions of the State Personnel and Pensions Article.
(c)    The Secretary shall designate the appointing authority for the Administration.