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§ 1-306. Supplemental environmental projects implemented as part of a settlement of an enforcem...

West's Annotated Code of MarylandEnvironmentEffective: October 1, 2022

West's Annotated Code of Maryland
Environment
Title 1. Definitions; General Provisions; Enforcement (Refs & Annos)
Subtitle 3. Enforcement (Refs & Annos)
Effective: October 1, 2022
MD Code, Environment, § 1-306
§ 1-306. Supplemental environmental projects implemented as part of a settlement of an enforcement act
Currentness
“Supplemental environmental project” defined
(a) In this section, “supplemental environmental project” means an environmentally beneficial project or activity that is not required by law but that an alleged violator agrees to undertake as part of a settlement or enforcement action.
Creation and maintenance of database of projects
(b)(1) Subject to paragraph (2) of this subsection, the Department shall create and maintain a database of supplemental environmental projects that the Department may consider for implementation as part of a settlement of an enforcement action.
(2) In creating and maintaining the database, the Department shall solicit input from communities in the State that are overburdened, underserved, or otherwise disadvantaged by environmental stressors.
(3) The Department shall include oyster repletion projects in the database.
Selection of project not included in database
(c)(1) The Department may, with reasonable justification, consider a supplemental environmental project that is not included in the database required in subsection (b) of this section as part of a settlement of an enforcement action.
(2) The Department may not choose a supplemental environmental project offered by the violator unless the Department:
(i) Approves the project; and
(ii) Maintains documentation of the approval.
Considerations for selection of projects
(d) Before a violator undertakes a supplemental environmental project, the Department shall:
(1) Give priority consideration to the selection of a project located in the same geographic area impacted by the alleged violation; and
(2) Ensure that the scope and cost of the chosen project is reasonably related to the nexus of the violation or the adverse impact of the violation and that the cost is sufficient to allow the Department and the alleged violator to reach a settlement.

Credits

Added by Acts 2022, c. 352, § 1, eff. Oct. 1, 2022. Amended by Acts 2022, c. 411, § 1, eff. Oct. 1, 2022; Acts 2022, c. 412, § 1, eff. Oct. 1, 2022.
MD Code, Environment, § 1-306, MD ENVIR § 1-306
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.
End of Document