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§ 4-313.1. Violations of section 4-302.1

West's Annotated Code of MarylandEnvironment

West's Annotated Code of Maryland
Environment
Title 4. Water Management (Refs & Annos)
Subtitle 3. Watershed Sediment and Waste Control
MD Code, Environment, § 4-313.1
§ 4-313.1. Violations of section 4-302.1
Currentness
Administrative civil penalty
(a)(1) The Department shall impose an administrative civil penalty on a person who owns or operates a sewage treatment plant that is in violation of § 4-302.1(b)(1), (c), or (d) of this subtitle.
(2) The person accused of the violation shall have the right to a hearing but may waive that right in writing.
(3) The penalty imposed under this subsection shall be:
(i) $5 for each pound of phosphorus discharged monthly in violation of § 4-302.1(b)(1) of this subtitle; and
(ii) $2 for each pound of nitrogen discharged monthly in violation of § 4-302.1(c) or (d) of this subtitle.
Waiver, reduction and use of penalty
(b)(1) Except as provided in paragraph (2) of this subsection, a penalty imposed under this section may not be:
(i) Waived;
(ii) Reduced; or
(iii) Used to assist the penalized person in upgrading a sewage treatment plant.
(2) A penalty imposed under this section may be waived if the phosphorus or nitrogen discharged in violation of § 4-302.1 of this subtitle is due to an act of God or, if it could not reasonably have been anticipated by the owner or operator of the sewage treatment plant, a power outage or a massive leakage of any pollutant that contaminates the wastewater being treated.
Deposit of penalty
(c) The Department shall deposit the penalties collected under this section in the Maryland Clean Water Fund created under § 9-320 of this article.
Collection of penalty
(d) The Department shall collect the penalties required to be imposed under subsection (a) of this section on a monthly basis beginning on:
(1) February 15, 1989 for violations of § 4-302.1(b)(1) of this subtitle; and
(2) November 15, 1991 for violations of § 4-302.1(c) or (d) of this subtitle.
Penalty not exclusive
(e) The penalties required to be imposed under this section are in addition to any other penalties provided by law.

Credits

Added by Acts 1988, c. 538, § 1, eff. July 1, 1988. Amended by Acts 2006, c. 44, § 1, eff. April 8, 2006.
MD Code, Environment, § 4-313.1, MD ENVIR § 4-313.1
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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