§ 9-328.1. Inspection to ensure compliance with terms of discharge permit; penalty for signific...
West's Annotated Code of MarylandEnvironmentEffective: July 1, 2022
Effective: July 1, 2022
MD Code, Environment, § 9-328.1
§ 9-328.1. Inspection to ensure compliance with terms of discharge permit; penalty for significant noncompliance
(a)(1) In this section, “administratively continued permit” means a discharge permit that has been administratively continued under Department regulations in accordance with 40 C.F.R. § 122.6(d).
(b)(1) To ensure compliance with the terms of a discharge permit, the Department shall conduct inspections in accordance with this subsection.
(2)(i) Except as provided in subparagraph (ii) of this paragraph, and subject to paragraph (4) of this subsection, beginning July 1, 2022, at least once per month the Department shall inspect each facility or site that the Department or the U.S. Environmental Protection Agency has determined to be in significant noncompliance with an applicable State or federal water quality standard, effluent limitation, or other applicable requirement of the Department or the U.S. Environmental Protection Agency.
2. Begin monthly inspections in accordance with subparagraph (i) of this paragraph if, after the period specified in item 1 of this subparagraph, the owner or operator of the facility or site has not provided the information necessary for the Department to determine the compliance status of the facility or site.
(3)(i) Except as provided in subparagraph (ii) of this paragraph and subject to paragraph (4) of this subsection, beginning July 1, 2023, at least once every 90 days, the Department shall inspect each facility or site that has been operating under an administratively continued permit for longer than 365 days.
(ii) The Department is not required to inspect the operations of a facility or site operating a general permit that has been administratively continued, unless the Department or the U.S. Environmental Protection Agency has determined the facility or site to be in significant noncompliance as specified under paragraph (2) of this subsection.
(c)(1) This subsection applies to a permit holder that is determined by the Department or the U.S. Environmental Protection Agency to be in significant noncompliance of an applicable State or federal water quality standard, effluent limitation, or other applicable requirement of the Department or the U.S. Environmental Protection Agency two or more times in a year.
(d)(1) If a permit holder remains in significant noncompliance for the same underlying condition after 2 consecutive months of inspections conducted under subsection (b) of this section, the permit holder shall be subject to an administrative penalty of:
Credits
Added by Acts 2022, c. 22, § 1, eff. July 1, 2022.
MD Code, Environment, § 9-328.1, MD ENVIR § 9-328.1
Current through legislation effective through April 25, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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