EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1201*
HOUSE BILL 1201
M3, M2 2lr2587
CF SB 876
By: Delegates Jacobs, Beitzel, Buckel, Ghrist, Griffith, Hartman, Mautz,
McComas, McKay, and Otto
Introduced and read first time: February 11, 2022
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Water Pollution – Civil Penalty Surcharge – Oyster Repletion Fund 2
FOR the purpose of establishing a surcharge on civil penalties imposed for certain 3
violations that result in the discharge of pollutants into the Chesapeake Bay or its 4
tributaries; establishing the Oyster Repletion Fund as a special, nonlapsing fund in 5
the Department of Natural Resources; requiring the surcharges to be deposited to 6
the Fund and used to finance the repletion of natural oyster bars in waters impacted 7
by water pollution violations; and generally relating to water pollution and oyster 8
repletion. 9
BY repealing and reenacting, with amendments, 10
Article – Environment 11
Section 9–342 12
Annotated Code of Maryland 13
(2014 Replacement Volume and 2021 Supplement) 14
BY adding to 15
Article – Natural Resources 16
Section 4–209.1 17
Annotated Code of Maryland 18
(2018 Replacement Volume and 2021 Supplement) 19
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21
Article – Environment 22
9–342. 23
2 HOUSE BILL 1201
(a) (1) In addition to being subject to an injunctive action under this subtitle, 1
a person who violates any provision of this subtitle or of any rule, regulation, order, or 2
permit adopted or issued under this subtitle is liable to a civil penalty not exceeding 3
$10,000, to be collected in a civil action brought by the Department. 4
(2) Each day a violation occurs is a separate violation under this 5
subsection. 6
(b) (1) In addition to any other remedies available at law or in equity and after 7
an opportunity for a hearing which may be waived in writing by the person accused of a 8
violation, the Department may impose a penalty for violation of any provision of this 9
subtitle or any rule, regulation, order, or permit adopted or issued under this subtitle. 10
(2) The penalty imposed on a person under this subsection shall be: 11
(i) Up to $10,000 for each violation, but not exceeding $100,000 12
total; and 13
(ii) Assessed with consideration given to: 14
1. The willfulness of the violation, the extent to which the 15
existence of the violation was known to but uncorrected by the violator, and the extent to 16
which the violator exercised reasonable care; 17
2. Any actual harm to the environment or to human health, 18
including injury to or impairment of the use of the waters of this State or the natural 19
resources of this State; 20
3. The cost of cleanup and the cost of restoration of natural 21
resources; 22
4. The nature and degree of injury to or interference with 23
general welfare, health, and property; 24
5. The extent to which the location of the violation, including 25
location near waters of this State or areas of human population, creates the potential for 26
harm to the environment or to human health or safety; 27
6. The available technology and economic reasonableness of 28
controlling, reducing, or eliminating the violation; 29
7. The degree of hazard posed by the particular pollutant or 30
pollutants involved; and 31
8. The extent to which the current violation is part of a 32
recurrent pattern of the same or similar type of violation committed by the violator. 33
HOUSE BILL 1201 3
(3) Each day a violation occurs is a separate violation under this 1
subsection. 2
(4) Any penalty imposed under this subsection is payable to this State and 3
collectible in any manner provided at law for the collection of debts. 4
(5) If any person who is liable to pay a penalty imposed under this 5
subsection fails to pay it after demand, the amount, together with interest and any costs 6
that may accrue, shall be: 7
(i) A lien in favor of this State on any property, real or personal, of 8
the person; and 9
(ii) Recorded in the office of the clerk of court for the county in which 10
the property is located. 11
(6) Any penalty collected under this subsection shall be placed in a special 12
fund to be used for monitoring and surveillance by the Department to assure and maintain 13
an adequate record of any violations, including discharge of waste material and other 14
pollutants into the waters of this State or into the environment. 15
(C) (1) IN ADDITION TO A CIVIL PENALTY IMPO SED UNDER SUBSECTION 16
(A) OR (B) OF THIS SECTION, IF A VIOLATION OF ANY PROVISION OF THIS SUBTITLE 17
OR ANY RULE, REGULATION , ORDER, OR PERMIT ADOPTED OR ISSUED UNDER THIS 18
SUBTITLE, RESULTS IN THE DISCH ARGE OF POLLUTANTS T O THE CHESAPEAKE BAY 19
OR ITS TRIBUTARIES , THE DEPARTMENT SHALL IMPOSE A SURCHARGE O N THE 20
PERSON RESPON SIBLE FOR THE VIOLAT ION. 21
(2) THE SURCHARGE SHALL B E EQUAL TO 25% OF THE TOTAL CIVIL 22
PENALTY IMPOSED UNDE R SUBSECTION (A) OR (B) OF THIS SECTION. 23
(3) ANY SURCHARGE COLLECT ED UNDER THIS SUBSEC TION SHALL 24
BE DEPOSITED INTO THE OYSTER REPLETION FUND ESTABLISHED UNDER § 4–209.1 25
OF THE NATURAL RESOURCES ARTICLE. 26
Article – Natural Resources 27
4–209.1. 28
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 29
INDICATED. 30
(2) “COUNTY OYSTER COMMITT EE” MEANS A COMMITTEE 31
ESTABLISHED UNDER § 4–1106(B) OF THIS TITLE. 32
4 HOUSE BILL 1201
(3) “FUND” MEANS THE OYSTER REPLETION FUND. 1
(B) THERE IS AN OYSTER REPLETION FUND IN THE DEPARTMENT . 2
(C) THE PURPOSE OF THE FUND IS TO FINANCE THE REPLE TION OF 3
NATURAL OYSTER BARS IN WATERS IMPACTED B Y WATER POLLUTION VI OLATIONS. 4
(D) THE DEPARTMENT SHALL ADMI NISTER THE FUND. 5
(E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 6
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 7
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY 8
AND THE COMPTROLLER SHALL ACCOUNT FOR THE FUND. 9
(F) THE FUND CONSISTS OF : 10
(1) SURCHARGES ON CIVIL P ENALTIES COLLECTED UNDER § 11
9–342(C) OF THE ENVIRONMENT ARTICLE; 12
(2) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 13
AND 14
(3) ANY OTHER MONEY FROM ANY OTHER SOURCE ACCEPTED FOR 15
THE BENEFIT OF THE FUND. 16
(G) (1) THE FUND MAY BE USED ONLY FOR OYSTER REPLETION 17
PROJECTS CONDUCTED IN ACCORDANCE WITH T HIS SUBSECTION. 18
(2) TO THE EXTENT PRACTIC ABLE, A SURCHARGE COLLECTED 19
UNDER § 9–342(C) OF THE ENVIRONMENT ARTICLE SHALL BE USED TO FUND 20
OYSTER REPLETION PRO JECTS IN THE COUNT Y WHERE THE UNDERLYING WATER 21
POLLUTION VIOLATION OCCURRED. 22
(3) THE DEPARTMENT SHALL WORK WITH THE COUNTY OYST ER 23
COMMITTEE FOR THE COUNTY WHERE THE UNDERLYING WATER POLLUTION 24
VIOLATION OCCURRED T O IDENTIFY: 25
(I) NATURAL OYSTER BARS W ITHIN THE COUNTY FOR 26
REPLETION; OR 27
(II) IF NO NATURAL OYSTER BAR WITHIN THE COUNT Y IS 28
SUITABLE FOR REPLETI ON, NATURAL OYSTER BARS WITHIN AN ADJACENT COUNT Y 29 HOUSE BILL 1201 5
FOR REPLETION . 1
(4) REPLETION PROJECTS CO NDUCTED UNDER THIS SUBSECTION 2
SHALL BE IN THE FORM OF SPAT–ON–SHELL. 3
(5) (I) THE DEPARTMENT MAY CONTRACT WITH A NONPROFIT 4
ORGANIZATION THAT SPECIALIZES IN OYSTER RE COVERY TO CARRY OUT OYSTER 5
REPLETION PROJECTS UNDER THIS SUBSECTION. 6
(II) THE FUND MAY BE USED TO C OVER REASONABLE 7
ADMINISTRATIVE EXPEN SES INCURRED BY A NO NPROFIT ORGANIZATION IN 8
CARRYING OUT OYSTER REPLETION PROJECTS U NDER THIS SUBSECTION . 9
(H) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 10
IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 11
(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 12
THE GENERAL FUND OF THE STATE. 13
(I) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 14
WITH THE STATE BUDGET . 15
(J) MONEY EXPENDED FROM T HE FUND FOR OYSTER REPLETION 16
PROJECTS IS SUPPLEMENTAL TO A ND IS NOT INTENDED T O TAKE THE PLACE OF 17
FUNDING THAT OTHERWI SE WOULD BE APPROPRI ATED FOR OYSTER REPLETION 18
PROJECTS. 19
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 20
October 1, 2022. 21