§ 9-342.1. Significant effluent limitation violations
West's Annotated Code of MarylandEnvironment
MD Code, Environment, § 9-342.1
§ 9-342.1. Significant effluent limitation violations
(a)(1) In this section, “sewage treatment plant” means any publicly or privately owned facility that is:
(b)(1) In this subsection, “significant violation” means a monthly average discharge as expressed in milligrams per liter that is equal to or greater than:
1. Suspended solids; or
2. Total Kjeldahl nitrogen (TKN).
(c)(1) In this subsection, “significant violation” means a monthly average discharge as expressed in milligrams per liter that is equal to or greater than 1.2 times the effluent limitation allowed by the discharge permit for any 2 months in a consecutive 6-month period for:
(d)(1) In this subsection, “significant violation” means more than 10% of the instantaneous measurements for dissolved oxygen in the effluent, measured over a period of 1 month, that violate the minimum dissolved oxygen permit limit.
(e)(1) In this subsection, “significant violation” means more than 10% of the instantaneous measurements of effluent pH or chlorine, over a period of 1 month, that violate the range for pH or the maximum limit for chlorine in the discharge permit.
(f)(1) Penalties required by this section shall be:
1. The monthly discharge monitoring report filed by each sewage treatment plant; and
2. Any other discharge monitoring information that may be compiled by the Department; and
(h) Any person required to pay a penalty under this section shall have the right to a hearing but may waive that right in writing.
(i)(1) Except as provided in paragraph (2) of this subsection, a penalty imposed under this section may not be:
1. An act of God; or
2. A power outage or a massive discharge of any pollutant that could not reasonably have been anticipated by the owner or operator of the plant; or
1. A. Is in compliance with a compliance schedule contained in an order issued by the Department; and
B. Meets all interim effluent limitations established by the Department; or
2. A. Has recently upgraded to meet more stringent standards and is operating under a start-up program and schedule approved by the Department;
B. Is implementing operational modifications to accomplish biological nutrient removal under a program and schedule approved by the Department; or
C. Is accomplishing major maintenance or facility repair under a program and schedule approved by the Department; or
(j) The Department shall deposit the penalties collected under this section in the Maryland Clean Water Fund created under § 9-320 of this subtitle.
Credits
Added by Acts 1992, c. 488.
MD Code, Environment, § 9-342.1, MD ENVIR § 9-342.1
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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