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§ 4-802. Report on Environmental Violations

West's Annotated Code of MarylandEnvironmentEffective: October 1, 2019

West's Annotated Code of Maryland
Environment
Title 4. Water Management (Refs & Annos)
Subtitle 8. Report on Environmental Violations (Refs & Annos)
Effective: October 1, 2019
MD Code, Environment, § 4-802
§ 4-802. Report on Environmental Violations
In general
(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.
Assistance
(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.
Posting of information collected
(c) The Department shall post the information collected under subsection (a) of this section on its website.
Report to the Governor
(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.

Credits

Added by Acts 2019, c. 517, § 1, eff. Oct. 1, 2019; Acts 2019, c. 518, § 1, eff. Oct. 1, 2019. Amended by Acts 2021, c. 109, § 5.
MD Code, Environment, § 4-802, MD ENVIR § 4-802
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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