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§ 1-305. Water and air quality programs; information maintenance and reporting about complaints...

West's Annotated Code of MarylandEnvironmentEffective: October 1, 2021

West's Annotated Code of Maryland
Environment
Title 1. Definitions; General Provisions; Enforcement (Refs & Annos)
Subtitle 3. Enforcement (Refs & Annos)
Effective: October 1, 2021
MD Code, Environment, § 1-305
§ 1-305. Water and air quality programs; information maintenance and reporting about complaints, inspections, and enforcement
Currentness
Definitions
(a)(1) In this section the following words have the meanings indicated.
(2) “Alleged violation” means an alleged violation of any requirement in this article or any regulation authorized by a provision of this article, including federal requirements and standards delegated to the State.
(3) “Complaint” means a complaint regarding an alleged violation of any air or water quality requirement in this article or any air or water quality regulation authorized by a provision of this article, including federal requirements and standards delegated to the State.
Application of section to water and air quality programs
(b) This section applies only to:
(1) Beginning October 1, 2021, water quality programs within the Department's Water and Science Administration that are tracked through the Department's Environmental Tracking System or a comparable database; and
(2) Beginning June 30, 2022:
(i) Water quality programs within the Department's Land and Materials Administration that are tracked through the Department's Environmental Tracking System or a comparable database; and
(ii) Air quality programs within the Department's Air and Radiation Administration that are tracked through the Department's Environmental Tracking System or a comparable database.
Complaints that involve alleged violations
(c) The Department shall:
(1) Receive and process complaints that involve alleged violations;
(2) Keep an electronic record of each complaint that is received under this section for 10 years, including information on:
(i) The county in which the alleged violation occurred; and
(ii) Which administration within the Department is authorized to enforce the alleged violation; and
(3) Maintain and update, on at least a quarterly basis, a list of:
(i) New complaints that have been received by the Department that involve alleged violations, including information on:
1. The county in which the alleged violation occurred; and
2. Which administration within the Department is authorized to enforce the alleged violation;
(ii) Complaints that remain open; and
(iii) Complaints that have been closed.
Finalized legal settlements that involve violations
(d) On at least a monthly basis, the Department shall update and publish on its website a list of legal settlements finalized by the Department that involve violations, including information on:
(1) The date a settlement was finalized;
(2) The relevant law or regulation that is the basis of the violation;
(3) Which administration within the Department is authorized to enforce the violation;
(4) The name of the site or regulated entity and the location of the site at issue;
(5) The amount of any penalty assessed;
(6) A description of the violation; and
(7) A link to a downloadable document containing the final settlement agreement.
Development and maintenance of website; contents
(e) The Department shall develop and maintain a website to provide:
(1) A list of each complaint received by the Department that includes only:
(i) The date on which the complaint was submitted;
(ii) The county in which the alleged violation occurred;
(iii) Which administration within the Department is authorized to enforce the alleged violation;
(iv) Any complaint or case identification number; and
(v) If a complaint has been closed, the date on which the complaint was closed;
(2) A list of each inspection that has been conducted by the Department during the immediately preceding 365 days under the authority of a State or federal law or regulation related to managing or protecting the environment that includes only:
(i) The name of the site or regulated entity;
(ii) The county and, if readily available, the zip code in which the inspection occurred;
(iii) If applicable, the permit number associated with the site;
(iv) Any inspection identification number;
(v) Whether the site is in compliance or whether any additional investigation is necessary;
(vi) The status of the inspection; and
(vii) The media basis for the inspection;
(3) An electronic link or other means of downloading a digital copy, if readily available, of an inspection report that includes information that is listed under item (2) of this subsection if the information is maintained by the Department in the Environmental Tracking System or a comparable database;
(4) A list of each enforcement action that has been initiated by the Department during the immediately preceding 365 days under the authority of a State or federal law or regulation related to protecting or managing the environment that includes only:
(i) Whether any penalties were imposed and the amount of the penalties collected;
(ii) Whether any orders were issued;
(iii) Whether the case was referred for prosecution or further enforcement action;
(iv) Whether compliance assistance was rendered;
(v) The county and, if readily available, the zip code in which the enforcement action occurred;
(vi) The enforcement action identification number;
(vii) If applicable, the permit number; and
(viii) Which administration within the Department carried out the enforcement action;
(5) A list of each violation discovered within the immediately preceding 365 days that the Department has deemed “significant noncompliance” or a “high-priority violation” that includes only:
(i) The date on which the violation was identified as “significant noncompliance” or a “high-priority violation”;
(ii) The date on which the site or regulated entity regained compliance, if applicable;
(iii) The county and, if readily available, the zip code in which the violation occurred;
(iv) Whether any enforcement action has been initiated or corrective action requested; and
(v) Which administration within the Department is authorized to enforce the violation;
(6) A list of all expired and administratively continued environmental permits subject to this section, including information on:
(i) The name of the permittee;
(ii) The expiration date of the permit;
(iii) The permit number;
(iv) The county and, if readily available, the zip code in which the site or regulated entity is located; and
(v) Any information on the status of the permit renewal process, including whether an application to renew the permit has been submitted and whether the permit is deemed to be expired or administratively continued;
(7) All information required to be posted on the Department's website in accordance with § 4-802 of this article; and
(8) A list of each sewage overflow incident in the State, including information on:
(i) The location of the sewage overflow;
(ii) The entity from which the sewage overflow originated; and
(iii) Whether the sewage was treated or raw sewage.
Retention and updating of information on website
(f) The information posted on the website in accordance with subsections (d) and (e) of this section shall be:
(1) Kept for at least 10 years;
(2) Updated on at least a monthly basis; and
(3) Maintained in a database format to ensure that the information is searchable by category of information.

Credits

Added by Acts 2021, c. 442, § 1, eff. Oct. 1, 2021; Acts 2021, c. 443, § 1, eff. Oct. 1, 2021.
MD Code, Environment, § 1-305, MD ENVIR § 1-305
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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