| Old | New | Differences | |
|---|---|---|---|
| 1 | - | WES MOORE, Governor Ch. 547 | |
| 2 | 1 | ||
| 3 | - | – 1 – | |
| 4 | - | Chapter 547 | |
| 5 | - | (Senate Bill 471) | |
| 6 | 2 | ||
| 7 | - | AN ACT concerning | |
| 3 | + | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
| 4 | + | [Brackets] indicate matter deleted from existing law. | |
| 5 | + | Underlining indicates amendments to bill. | |
| 6 | + | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
| 7 | + | amendment. | |
| 8 | + | Italics indicate opposite chamber/conference committee amendments. | |
| 9 | + | *sb0471* | |
| 8 | 10 | ||
| 9 | - | Water Pollution Control – Sediment Control Plans, Discharge Permits – Permits | |
| 10 | - | for Stormwater Associated With Construction Activity , and Notice and | |
| 11 | - | Comment Requirements | |
| 11 | + | SENATE BILL 471 | |
| 12 | + | M3 (3lr1785) | |
| 13 | + | ENROLLED BILL | |
| 14 | + | — Education, Energy, and the Environment/Environment and Transportation — | |
| 15 | + | Introduced by Senator Elfreth | |
| 12 | 16 | ||
| 13 | - | FOR the purpose of requiring the Department of the Environment to review and update | |
| 14 | - | specifications for sediment control plans in a certain manner on or before a certain | |
| 15 | - | date and periodically thereafter; prohibiting the Department of the Environment | |
| 16 | - | from authorizing the discharge of stormwater associated with construction activity | |
| 17 | - | under a general discharge permit and requiring the Department to instead require | |
| 18 | - | an individual discharge permit under unless certain circumstances requirements are | |
| 19 | - | satisfied; prohibiting a certain permit holder from causing, allowing, or failing to | |
| 20 | - | control the runoff of soil or other pollutants from a construction site or causing | |
| 21 | - | erosion into certain waters of the State; authorizing requiring the Department to | |
| 22 | - | take certain enforcement public notice and comment actions if a person has | |
| 23 | - | unlawfully engaged in construction activity without a discharge permit or without | |
| 24 | - | coverage under a general discharge permit makes a certain request; and generally | |
| 25 | - | relating to sediment control plans, permits for stormwater discharges associated | |
| 26 | - | with construction activity, and notice and comment requirements. | |
| 17 | + | Read and Examined by Proofreaders: | |
| 27 | 18 | ||
| 28 | - | BY repealing and reenacting, with amendments, | |
| 29 | - | Article – Environment | |
| 30 | - | Section 4–105(a) | |
| 31 | - | Annotated Code of Maryland | |
| 32 | - | (2013 Replacement Volume and 2022 Supplement) | |
| 19 | + | _______________________________________________ | |
| 20 | + | Proofreader. | |
| 21 | + | _______________________________________________ | |
| 22 | + | Proofreader. | |
| 33 | 23 | ||
| 34 | - | BY repealing and reenacting, without amendments, | |
| 35 | - | Article – Environment | |
| 36 | - | Section 9–301(a) and (d) | |
| 37 | - | Annotated Code of Maryland | |
| 38 | - | (2014 Replacement Volume and 2022 Supplement) | |
| 24 | + | Sealed with the Great Seal and presented to the Governor, for his approval this | |
| 39 | 25 | ||
| 40 | - | BY adding to | |
| 41 | - | Article – Environment | |
| 42 | - | Section 9–323.1 | |
| 43 | - | Annotated Code of Maryland | |
| 44 | - | (2014 Replacement Volume and 2022 Supplement) | |
| 26 | + | _______ day of _______________ at ________________________ o’clock, ________M. | |
| 45 | 27 | ||
| 46 | - | BY repealing and reenacting, with amendments, | |
| 47 | - | Article – Environment | |
| 48 | - | Section 9–342 | |
| 49 | - | Annotated Code of Maryland Ch. 547 2023 LAWS OF MARYLAND | |
| 28 | + | ______________________________________________ | |
| 29 | + | President. | |
| 50 | 30 | ||
| 51 | - | – 2 – | |
| 52 | - | (2014 Replacement Volume and 2022 Supplement) | |
| 31 | + | CHAPTER ______ | |
| 53 | 32 | ||
| 54 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, | |
| 55 | - | That the Laws of Maryland read as follows: | |
| 33 | + | AN ACT concerning 1 | |
| 56 | 34 | ||
| 57 | - | Article – Environment | |
| 35 | + | Water Pollution Control – Sediment Control Plans, Discharge Permits – Permits 2 | |
| 36 | + | for Stormwater Associated With Construction Activity , and Notice and 3 | |
| 37 | + | Comment Requirements 4 | |
| 58 | 38 | ||
| 59 | - | 4–105. | |
| 39 | + | FOR the purpose of requiring the Department of the Environment to review and update 5 | |
| 40 | + | specifications for sediment control plans in a certain manner on or before a certain 6 | |
| 41 | + | date and periodically thereafter; prohibiting the Department of the Environment 7 | |
| 42 | + | from authorizing the discharge of stormwater associated with construction activity 8 | |
| 43 | + | under a general discharge permit and requiring the Department to instead require 9 | |
| 44 | + | an individual discharge permit under unless certain circumstances requirements are 10 | |
| 45 | + | satisfied; prohibiting a certain permit holder from causing, allowing, or failing to 11 | |
| 46 | + | control the runoff of soil or other pollutants from a construction site or causing 12 | |
| 47 | + | erosion into certain waters of the State; authorizing requiring the Department to 13 | |
| 48 | + | take certain enforcement public notice and comment actions if a person has 14 | |
| 49 | + | unlawfully engaged in construction activity without a discharge permit or without 15 2 SENATE BILL 471 | |
| 60 | 50 | ||
| 61 | - | (a) (1) (i) In this section, “construction” means land clearing, grubbing, | |
| 62 | - | topsoil stripping, soil movement, grading, cutting and filling, transporting, or otherwise | |
| 63 | - | disturbing land for any purpose. | |
| 64 | 51 | ||
| 65 | - | (ii) “Construction” includes land disturbing activities for the purpose | |
| 66 | - | of: | |
| 52 | + | coverage under a general discharge permit makes a certain request; and generally 1 | |
| 53 | + | relating to sediment control plans, permits for stormwater discharges associated 2 | |
| 54 | + | with construction activity, and notice and comment requirements. 3 | |
| 67 | 55 | ||
| 68 | - | 1. Constructing buildings; | |
| 56 | + | BY repealing and reenacting, with amendments, 4 | |
| 57 | + | Article – Environment 5 | |
| 58 | + | Section 4–105(a) 6 | |
| 59 | + | Annotated Code of Maryland 7 | |
| 60 | + | (2013 Replacement Volume and 2022 Supplement) 8 | |
| 69 | 61 | ||
| 70 | - | 2. Mining minerals; | |
| 62 | + | BY repealing and reenacting, without amendments, 9 | |
| 63 | + | Article – Environment 10 | |
| 64 | + | Section 9–301(a) and (d) 11 | |
| 65 | + | Annotated Code of Maryland 12 | |
| 66 | + | (2014 Replacement Volume and 2022 Supplement) 13 | |
| 71 | 67 | ||
| 72 | - | 3. Developing golf courses; and | |
| 68 | + | BY adding to 14 | |
| 69 | + | Article – Environment 15 | |
| 70 | + | Section 9–323.1 16 | |
| 71 | + | Annotated Code of Maryland 17 | |
| 72 | + | (2014 Replacement Volume and 2022 Supplement) 18 | |
| 73 | 73 | ||
| 74 | - | 4. Constructing roads and installing utilities. | |
| 74 | + | BY repealing and reenacting, with amendments, 19 | |
| 75 | + | Article – Environment 20 | |
| 76 | + | Section 9–342 21 | |
| 77 | + | Annotated Code of Maryland 22 | |
| 78 | + | (2014 Replacement Volume and 2022 Supplement) 23 | |
| 75 | 79 | ||
| 76 | - | (2) (i) Before any person begins any construction, the appropriate | |
| 77 | - | approval authority shall first receive, review, and approve the proposed earth change and | |
| 78 | - | the sediment control plan. | |
| 80 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 24 | |
| 81 | + | That the Laws of Maryland read as follows: 25 | |
| 79 | 82 | ||
| 80 | - | (ii) Except as provided in subsection (b) of this section, the approval | |
| 81 | - | authority is: | |
| 83 | + | Article – Environment 26 | |
| 82 | 84 | ||
| 83 | - | ||
| 85 | + | 4–105. 27 | |
| 84 | 86 | ||
| 85 | - | 2. A municipal corporation in Montgomery County that is | |
| 86 | - | designated by a soil conservation district under paragraph (6) of this subsection; | |
| 87 | + | (a) (1) (i) In this section, “construction” means land clearing, grubbing, 28 | |
| 88 | + | topsoil stripping, soil movement, grading, cutting and filling, transporting, or otherwise 29 | |
| 89 | + | disturbing land for any purpose. 30 | |
| 87 | 90 | ||
| 88 | - | 3. Any municipality not within a soil conservation district; | |
| 91 | + | (ii) “Construction” includes land disturbing activities for the purpose 31 | |
| 92 | + | of: 32 | |
| 89 | 93 | ||
| 90 | - | 4. If a State or federal unit undertakes any construction, the | |
| 91 | - | Department or the Department’s designee; | |
| 94 | + | 1. Constructing buildings; 33 | |
| 92 | 95 | ||
| 93 | - | 5. For abandoned mine reclamation projects conducted by | |
| 94 | - | the Department pursuant to Title 15, Subtitles 5, 6, and 11 of this article, the Department; | |
| 95 | - | or | |
| 96 | + | 2. Mining minerals; 34 | |
| 96 | 97 | ||
| 97 | - | | |
| 98 | + | 3. Developing golf courses; and 35 SENATE BILL 471 3 | |
| 98 | 99 | ||
| 99 | - | – 3 – | |
| 100 | 100 | ||
| 101 | - | (iii) Criteria used by the Department or the Department’s designee | |
| 102 | - | for review and approvals under subparagraph (ii)4 of this paragraph: | |
| 103 | 101 | ||
| 104 | - | 1. Shall meet or exceed current Maryland standards and | |
| 105 | - | specifications for soil erosion and sediment control; or | |
| 102 | + | 4. Constructing roads and installing utilities. 1 | |
| 106 | 103 | ||
| 107 | - | 2. If alternative standards are applied, shall be reviewed and | |
| 108 | - | approved by the Department. | |
| 104 | + | (2) (i) Before any person begins any construction, the appropriate 2 | |
| 105 | + | approval authority shall first receive, review, and approve the proposed earth change and 3 | |
| 106 | + | the sediment control plan. 4 | |
| 109 | 107 | ||
| 110 | - | (3) A person may not begin or perform any construction unless the person: | |
| 108 | + | (ii) Except as provided in subsection (b) of this section, the approval 5 | |
| 109 | + | authority is: 6 | |
| 111 | 110 | ||
| 112 | - | | |
| 111 | + | 1. The appropriate soil conservation district; 7 | |
| 113 | 112 | ||
| 114 | - | | |
| 115 | - | ||
| 113 | + | 2. A municipal corporation in Montgomery County that is 8 | |
| 114 | + | designated by a soil conservation district under paragraph (6) of this subsection; 9 | |
| 116 | 115 | ||
| 117 | - | (iii) Conducts the construction as specified in the sequence of | |
| 118 | - | construction contained in the approved sediment control plan; | |
| 116 | + | 3. Any municipality not within a soil conservation district; 10 | |
| 119 | 117 | ||
| 120 | - | | |
| 121 | - | ||
| 118 | + | 4. If a State or federal unit undertakes any construction, the 11 | |
| 119 | + | Department or the Department’s designee; 12 | |
| 122 | 120 | ||
| 123 | - | (v) Implements any sediment control measures reasonably | |
| 124 | - | necessary to control sediment runoff. | |
| 121 | + | 5. For abandoned mine reclamation projects conducted by 13 | |
| 122 | + | the Department pursuant to Title 15, Subtitles 5, 6, and 11 of this article, the Department; 14 | |
| 123 | + | or 15 | |
| 125 | 124 | ||
| 126 | - | (4) In consultation with the person responsible for performing the | |
| 127 | - | construction, the Department, jurisdictions delegated enforcement authority under § | |
| 128 | - | 4–103(e)(2) of this subtitle, or the appropriate approval agency may require modifications | |
| 129 | - | to an approved sediment control plan if the approved plan is not adequate to control | |
| 130 | - | sediment or erosion. | |
| 125 | + | 6. For large redevelopment sites, the Department. 16 | |
| 131 | 126 | ||
| 132 | - | (5) A person performing construction that proposes a major change to an | |
| 133 | - | approved sediment control plan shall submit the proposed change to the appropriate | |
| 134 | - | approval authority for review and approval. | |
| 127 | + | (iii) Criteria used by the Department or the Department’s designee 17 | |
| 128 | + | for review and approvals under subparagraph (ii)4 of this paragraph: 18 | |
| 135 | 129 | ||
| 136 | - | | |
| 137 | - | ||
| 130 | + | 1. Shall meet or exceed current Maryland standards and 19 | |
| 131 | + | specifications for soil erosion and sediment control; or 20 | |
| 138 | 132 | ||
| 139 | - | (i) Has its own sediment control review provisions that are at least | |
| 140 | - | as stringent as the provisions of the grading and sediment control plan of the soil | |
| 141 | - | conservation district; | |
| 133 | + | 2. If alternative standards are applied, shall be reviewed and 21 | |
| 134 | + | approved by the Department. 22 | |
| 142 | 135 | ||
| 143 | - | (ii) Issues sediment control permits; and | |
| 144 | - | Ch. 547 2023 LAWS OF MARYLAND | |
| 136 | + | (3) A person may not begin or perform any construction unless the person: 23 | |
| 145 | 137 | ||
| 146 | - | – 4 – | |
| 147 | - | (iii) Meets the necessary performance standards established by | |
| 148 | - | written agreement between the district and the municipal corporation. | |
| 138 | + | (i) Obtains an approved sediment control plan; 24 | |
| 149 | 139 | ||
| 150 | - | (7) (I) ON OR BEFORE DECEMBER 1, 2024 2025, AND EVERY 5 | |
| 151 | - | YEARS THEREAFTER , THE DEPARTMENT SHALL REVI EW AND UPDATE THE | |
| 152 | - | SPECIFICATIONS FOR S EDIMENT CONTROL PLAN S. | |
| 140 | + | (ii) Implements the measures contained in the approved sediment 25 | |
| 141 | + | control plan; 26 | |
| 153 | 142 | ||
| 154 | - | ( | |
| 155 | - | SEDIMENT CONTROL | |
| 143 | + | (iii) Conducts the construction as specified in the sequence of 27 | |
| 144 | + | construction contained in the approved sediment control plan; 28 | |
| 156 | 145 | ||
| 157 | - | | |
| 158 | - | ||
| 146 | + | (iv) Maintains the provisions of the approved sediment control plan; 29 | |
| 147 | + | and 30 4 SENATE BILL 471 | |
| 159 | 148 | ||
| 160 | - | 2. AS NECESSARY , ENSURE THAT A NY UPDATES AND | |
| 161 | - | REVISIONS ARE DESIGN ED TO PROTECT THE WA TERS OF THE STATE FROM | |
| 162 | - | POLLUTION; AND | |
| 163 | 149 | ||
| 164 | - | 3. ENSURE THAT ANY UPDAT ES AND REVISIONS ARE NOT | |
| 165 | - | APPLIED RETROACTIVEL Y TO PROJECTS WITH A PPROVED SEDIMENT CON TROL | |
| 166 | - | PLANS, IF: | |
| 167 | 150 | ||
| 168 | - | | |
| 169 | - | ||
| 151 | + | (v) Implements any sediment control measures reasonably 1 | |
| 152 | + | necessary to control sediment runoff. 2 | |
| 170 | 153 | ||
| 171 | - | B. CONSTRUCTION CONTRACT S HAVE BEEN AWARDED , | |
| 172 | - | IF APPLICABLE; AND | |
| 154 | + | (4) In consultation with the person responsible for performing the 3 | |
| 155 | + | construction, the Department, jurisdictions delegated enforcement authority under § 4 | |
| 156 | + | 4–103(e)(2) of this subtitle, or the appropriate approval agency may require modifications 5 | |
| 157 | + | to an approved sediment control plan if the approved plan is not adequate to control 6 | |
| 158 | + | sediment or erosion. 7 | |
| 173 | 159 | ||
| 174 | - | C. CONSTRUCTION ACTIVITI ES HAVE COMMENCED ; AND | |
| 160 | + | (5) A person performing construction that proposes a major change to an 8 | |
| 161 | + | approved sediment control plan shall submit the proposed change to the appropriate 9 | |
| 162 | + | approval authority for review and approval. 10 | |
| 175 | 163 | ||
| 176 | - | 3. 4. CONSULT WITH EROSION AND SEDIMENT CONTROL | |
| 177 | - | EXPERTS FROM THE FOL LOWING GROUPS AND STAKEHOLDERS REG ARDING | |
| 178 | - | PROPOSED UPDATES TO SEDIMENT CONTROL REG ULATIONS: | |
| 164 | + | (6) A soil conservation district may delegate approval authority under 11 | |
| 165 | + | paragraph (2) of this subsection to a municipal corporation in Montgomery County that: 12 | |
| 179 | 166 | ||
| 180 | - | A. AN ACADEMIC INSTITUTI ON; | |
| 167 | + | (i) Has its own sediment control review provisions that are at least 13 | |
| 168 | + | as stringent as the provisions of the grading and sediment control plan of the soil 14 | |
| 169 | + | conservation district; 15 | |
| 181 | 170 | ||
| 182 | - | | |
| 171 | + | (ii) Issues sediment control permits; and 16 | |
| 183 | 172 | ||
| 184 | - | C. THE MARYLAND ASSOCIATION OF COUNTIES; | |
| 173 | + | (iii) Meets the necessary performance standards established by 17 | |
| 174 | + | written agreement between the district and the municipal corporation. 18 | |
| 185 | 175 | ||
| 186 | - | D. THE MARYLAND MUNICIPAL LEAGUE; | |
| 176 | + | (7) (I) ON OR BEFORE DECEMBER 1, 2024 2025, AND EVERY 5 19 | |
| 177 | + | YEARS THEREAFTER , THE DEPARTMENT SHALL REVI EW AND UPDATE THE 20 | |
| 178 | + | SPECIFICATIONS FOR SEDIMENT CONTROL PLANS. 21 | |
| 187 | 179 | ||
| 188 | - | E. A PRIVATE SECTOR ORGAN IZATION WITH DESIGN AND | |
| 189 | - | CONSTRUCTION EXPERIE NCE; AND | |
| 190 | - | WES MOORE, Governor Ch. 547 | |
| 180 | + | (II) IN REVIEWING AND UPDA TING THE SPECIFICATI ONS FOR 22 | |
| 181 | + | SEDIMENT CONTROL PLA NS UNDER THIS PARAGR APH, THE DEPARTMENT SHALL : 23 | |
| 191 | 182 | ||
| 192 | - | – 5 – | |
| 193 | - | F. THE MARYLAND ASSOCIATION OF SOIL | |
| 194 | - | CONSERVATION DISTRICTS. | |
| 183 | + | 1. REVISE WATER QUANTITY CONTROL STANDARDS 24 | |
| 184 | + | USING THE MOST RECEN T PRECIPITATION DATA AVAILABLE; 25 | |
| 195 | 185 | ||
| 196 | - | (III) BEFORE THE DEPARTMENT FINALIZES AN UPDATE TO THE | |
| 197 | - | SPECIFICATIONS OF SE DIMENT CONTROL PLANS IN ACCORDANCE WITH THIS | |
| 198 | - | PARAGRAPH , THE DEPARTMENT SHALL REPO RT TO THE GENERAL ASSEMBLY, IN | |
| 199 | - | ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, ON THE | |
| 200 | - | PROPOSED UPDATE . | |
| 186 | + | 2. AS NECESSARY , ENSURE THAT ANY UPDA TES AND 26 | |
| 187 | + | REVISIONS ARE DESIGN ED TO PROTECT THE WA TERS OF THE STATE FROM 27 | |
| 188 | + | POLLUTION; AND 28 | |
| 201 | 189 | ||
| 202 | - | 9–301. | |
| 190 | + | 3. ENSURE THAT ANY UPDAT ES AND REVISIONS ARE NOT 29 | |
| 191 | + | APPLIED RETROACTIVEL Y TO PROJECTS WITH A PPROVED SEDIMENT CON TROL 30 | |
| 192 | + | PLANS, IF: 31 | |
| 193 | + | SENATE BILL 471 5 | |
| 203 | 194 | ||
| 204 | - | (a) In this subtitle the following words have the meanings indicated. | |
| 205 | 195 | ||
| 206 | - | ||
| 207 | - | ||
| 196 | + | A. THE SEDIMENT CONTROL PLAN HAS NOT YET 1 | |
| 197 | + | EXPIRED; 2 | |
| 208 | 198 | ||
| 209 | - | 9–323.1. | |
| 199 | + | B. CONSTRUCTION CONTRACT S HAVE BEEN AWARDED , 3 | |
| 200 | + | IF APPLICABLE; AND 4 | |
| 210 | 201 | ||
| 211 | - | (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS | |
| 212 | - | INDICATED. | |
| 202 | + | C. CONSTRUCTION ACTIVITI ES HAVE COMMENCED ; AND 5 | |
| 213 | 203 | ||
| 214 | - | | |
| 215 | - | ||
| 216 | - | ||
| 204 | + | 3. 4. CONSULT WITH EROSION AND SEDIMENT CONTROL 6 | |
| 205 | + | EXPERTS FROM THE FOLLOWING GROUPS AND STAKEHOLDERS REGARDI NG 7 | |
| 206 | + | PROPOSED UPDATES TO SEDIMENT CONTROL REG ULATIONS: 8 | |
| 217 | 207 | ||
| 218 | - | (3) “CONSTRUCTION SITE ” INCLUDES MULTIPLE SI TES UNDER A | |
| 219 | - | COMMON PLAN OF DEVEL OPMENT. | |
| 208 | + | A. AN ACADEMIC INSTITUTI ON; 9 | |
| 220 | 209 | ||
| 221 | - | (4) “CRITICAL AREA BUFFER” MEANS THE AREA AT LE AST 100 FEET | |
| 222 | - | WIDE LOCATED DIRECTL Y ADJACENT TO THE TI DAL WATERS, TIDAL WETLANDS , AND | |
| 223 | - | TRIBUTARY STREAMS OF THE STATE, IDENTIFIED IN ACCORD ANCE WITH TITLE 8, | |
| 224 | - | SUBTITLE 18 OF THE NATURAL RESOURCES ARTICLE. | |
| 210 | + | B. A WATERSHED PROTECTION ORGANIZATION ; 10 | |
| 225 | 211 | ||
| 226 | - | | |
| 212 | + | C. THE MARYLAND ASSOCIATION OF COUNTIES; 11 | |
| 227 | 213 | ||
| 228 | - | (I) HOLDING A DISCHARGE P ERMIT FOR STORMWATER | |
| 229 | - | ASSOCIATED WITH CONS TRUCTION ACTIVITY IS SUED BY THE DEPARTMENT ; OR | |
| 214 | + | D. THE MARYLAND MUNICIPAL LEAGUE; 12 | |
| 230 | 215 | ||
| 231 | - | (II) AUTHORIZED BY THE DEPARTMENT FOR COVERA GE UNDER | |
| 232 | - | A GENERAL DISCHARGE PERMIT FOR STORMWATE R ASSOCIATED WITH | |
| 233 | - | CONSTRUCTION ACTIV ITY. | |
| 216 | + | E. A PRIVATE SECTOR ORGAN IZATION WITH DESIGN AND 13 | |
| 217 | + | CONSTRUCTION EXPERIE NCE; AND 14 | |
| 234 | 218 | ||
| 235 | - | | |
| 236 | - | ||
| 219 | + | F. THE MARYLAND ASSOCIATION OF SOIL 15 | |
| 220 | + | CONSERVATION DISTRICTS. 16 | |
| 237 | 221 | ||
| 238 | - | – 6 – | |
| 239 | - | PROPOSED DISTURBED A REA OF 5 ACRES OR MORE , THE DEPARTMENT MAY NOT | |
| 240 | - | AUTHORIZE THE DISCHA RGE OF STORMWATER AS SOCIATED WITH CONSTR UCTION | |
| 241 | - | ACTIVITY UNDER A GEN ERAL DISCHARGE PERMI T AND SHALL INSTEAD RE QUIRE AN | |
| 242 | - | INDIVIDUAL DISCHARGE PERMIT UNTIL THE REQUIREMEN TS UNDER SUBSECTION | |
| 243 | - | (B) OF THIS SECTION ARE SATISFIED IF: | |
| 222 | + | (III) BEFORE THE DEPARTMENT FINALIZES AN UPDATE TO THE 17 | |
| 223 | + | SPECIFICATIONS OF SEDIMENT CONTROL PLA NS IN ACCORDANCE WIT H THIS 18 | |
| 224 | + | PARAGRAPH , THE DEPARTMENT SHALL REPO RT TO THE GENERAL ASSEMBLY, IN 19 | |
| 225 | + | ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, ON THE 20 | |
| 226 | + | PROPOSED UPDATE . 21 | |
| 244 | 227 | ||
| 245 | - | (I) FOR A CONSTRUCTION SITE WITH A PROPOSED SITE | |
| 246 | - | DISTURBANCE OF 10 ACRES OR MORE , IF ANY PORTION OF THE A REA OF | |
| 247 | - | DISTURBANCE IS LOCAT ED IN: | |
| 228 | + | 9–301. 22 | |
| 248 | 229 | ||
| 249 | - | 1. (1) A WATERSHED OR CATCHME NT THAT DRAINS TO A | |
| 250 | - | RECEIVING WATER DESI GNATED AS HIGH QUALI TY UNDER DEPARTMENT | |
| 251 | - | REGULATIONS ; | |
| 230 | + | (a) In this subtitle the following words have the meanings indicated. 23 | |
| 252 | 231 | ||
| 253 | - | 2. (2) THE CRITICAL AREA BUFFER; OR | |
| 232 | + | (d) “Discharge permit” means a permit issued by the Department for the 24 | |
| 233 | + | discharge of any pollutant or combination of pollutants into the waters of this State. 25 | |
| 254 | 234 | ||
| 255 | - | 3. (3) A FLOODPLAIN AN AREA IDENTIFIED BY THE | |
| 256 | - | FEDERAL EMERGENCY MANAGEMENT AGENCY AS HAVING A 1% CHANCE OF | |
| 257 | - | ANNUAL FLOODING ; OR | |
| 235 | + | 9–323.1. 26 | |
| 258 | 236 | ||
| 259 | - | (II) THE PERMIT APPLICANT HAS: | |
| 237 | + | (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 27 | |
| 238 | + | INDICATED. 28 | |
| 239 | + | 6 SENATE BILL 471 | |
| 260 | 240 | ||
| 261 | - | 1. BEEN DETERMINED BY TH E DEPARTMENT TO BE IN | |
| 262 | - | SIGNIFICANT NONCOMPL IANCE WITH THE TERMS OF ANY OTHER DISCHAR GE | |
| 263 | - | PERMIT MORE THAN ONC E DURING THE 365 DAYS IMMEDIATELY PRE CEDING THE | |
| 264 | - | DATE OF THE APPLICAT ION; OR | |
| 265 | 241 | ||
| 266 | - | 2 | |
| 267 | - | ||
| 268 | - | ||
| 242 | + | (2) “AREA OF DISTURBANCE ” MEANS THE CUMULATIVE TOTAL AREA 1 | |
| 243 | + | OF DISTURBANCE RESUL TING FROM ALL CONSTR UCTION ACTIVITY COND UCTED 2 | |
| 244 | + | UNDER A COMMON PLAN OF DEVELOPMENT . 3 | |
| 269 | 245 | ||
| 270 | - | (B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , IF THE | |
| 271 | - | DEPARTMENT RECEIVES A WRITTEN REQUEST WITH IN THE PUBLIC NOTIFI CATION | |
| 272 | - | PERIOD OF THE GENERA L DISCHARGE PERMIT , THE DEPARTMENT SHALL EXTE ND | |
| 273 | - | THE PUBLIC NOTICE PERIOD TO 60 DAYS TO PROVIDE THE REQUESTOR AN | |
| 274 | - | OPPORTUNITY TO COMME NT ON THE POTENTIAL IMPACT OF INADEQUATE | |
| 275 | - | CONSTRUCTION SITE CO NTROLS ON WATERS OF THE STATE. | |
| 246 | + | (3) “CONSTRUCTION SITE ” INCLUDES MULTIPLE SI TES UNDER A 4 | |
| 247 | + | COMMON PLAN OF DEVEL OPMENT. 5 | |
| 276 | 248 | ||
| 277 | - | (2) THE DEPARTMENT SHALL PROM PTLY: | |
| 249 | + | (4) “CRITICAL AREA BUFFER” MEANS THE AREA AT LE AST 100 FEET 6 | |
| 250 | + | WIDE LOCATED DIRECTL Y ADJACENT TO THE TI DAL WATERS, TIDAL WETLANDS , AND 7 | |
| 251 | + | TRIBUTARY STREAMS OF THE STATE, IDENTIFIED IN ACCORD ANCE WITH TITLE 8, 8 | |
| 252 | + | SUBTITLE 18 OF THE NATURAL RESOURCES ARTICLE. 9 | |
| 278 | 253 | ||
| 279 | - | (I) ACKNOWLEDGE RECEIPT O F THE WRITTEN REQUES T; | |
| 280 | - | WES MOORE, Governor Ch. 547 | |
| 254 | + | (5) “PERMIT HOLDER ” MEANS A PERSON : 10 | |
| 281 | 255 | ||
| 282 | - | – 7 – | |
| 283 | - | (II) NOTIFY THE APPLICANT FOR THE GENERAL DISC HARGE | |
| 284 | - | PERMIT OF THE WRITTE N REQUEST AND INCLUD E DETAILS REGARDING POTENTIAL | |
| 285 | - | INADEQUACIES OF PROP OSED CONSTRUCTION SI TE CONTROLS; | |
| 256 | + | (I) HOLDING A DISCHARGE P ERMIT FOR STORMWATER 11 | |
| 257 | + | ASSOCIATED WITH CONS TRUCTION ACTIVITY IS SUED BY THE DEPARTMENT ; OR 12 | |
| 286 | 258 | ||
| 287 | - | ( | |
| 288 | - | ||
| 289 | - | ||
| 259 | + | (II) AUTHORIZED BY THE DEPARTMENT FOR COVERA GE UNDER 13 | |
| 260 | + | A GENERAL DISCHARGE PERMIT FOR STORMWATE R ASSOCIATED WITH 14 | |
| 261 | + | CONSTRUCTION ACTIVIT Y. 15 | |
| 290 | 262 | ||
| 291 | - | (IV) NOTIFY THE APPLICANT IF ANY UPDATES TO TH E SEDIMENT | |
| 292 | - | CONTROL PLAN ARE REQ UIRED PRIOR TO FINAL AUTHORIZATION OF THE GENERAL | |
| 293 | - | DISCHARGE PERMIT . | |
| 263 | + | (B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION 16 | |
| 264 | + | SUBSECTION (C) OF THIS SECTION AND FOR A CONSTRUCTION S ITE WITH A TOTAL 17 | |
| 265 | + | PROPOSED DISTURBED A REA OF 5 ACRES OR MORE , THE DEPARTMENT MAY NOT 18 | |
| 266 | + | AUTHORIZE THE DISCHA RGE OF STORMWATER AS SOCIATED WITH CONSTR UCTION 19 | |
| 267 | + | ACTIVITY UNDER A GEN ERAL DISCHARGE PERMI T AND SHALL INSTEAD RE QUIRE AN 20 | |
| 268 | + | INDIVIDUAL DISCHARGE PERMIT UNTIL THE REQUIREMEN TS UNDER SUBSECTION 21 | |
| 269 | + | (B) OF THIS SECTION ARE SATISFIED IF: 22 | |
| 294 | 270 | ||
| 295 | - | (2) (C) THIS SUBSECTION SECTION DOES NOT APPLY TO | |
| 296 | - | CONSTRUCTION ACTIVITY T HAT: | |
| 271 | + | (I) FOR A CONSTRUCTION SITE WITH A PROPOSED SITE 23 | |
| 272 | + | DISTURBANCE OF 10 ACRES OR MORE , IF ANY PORTION OF THE A REA OF 24 | |
| 273 | + | DISTURBANCE IS LOCAT ED IN: 25 | |
| 297 | 274 | ||
| 298 | - | (I) (1) DOES NOT RESULT IN TH E ESTABLISHMENT OF A NY | |
| 299 | - | PERMANENT RESIDENTIA L, COMMERCIAL , OR INDUSTRIAL BUILDI NG; AND | |
| 275 | + | 1. (1) A WATERSHED OR CATCHME NT THAT DRAINS TO A 26 | |
| 276 | + | RECEIVING WATER DESI GNATED AS HIGH QUALI TY UNDER DEPARTMENT 27 | |
| 277 | + | REGULATIONS ; 28 | |
| 300 | 278 | ||
| 301 | - | (II) (2) IS SOLELY INTENDED TO RESTORE NATURAL | |
| 302 | - | RESOURCES, REDUCE WATER POLLUTI ON, OR IMPROVE WATER QUA LITY. | |
| 279 | + | 2. (2) THE CRITICAL AREA BUFFER; OR 29 | |
| 303 | 280 | ||
| 304 | - | (3) | |
| 305 | - | ||
| 306 | - | ||
| 281 | + | 3. (3) A FLOODPLAIN AN AREA IDENTIFIED BY THE 30 | |
| 282 | + | FEDERAL EMERGENCY MANAGEMENT AGENCY AS HAVING A 1% CHANCE OF 31 | |
| 283 | + | ANNUAL FLOODING ; OR 32 | |
| 307 | 284 | ||
| 308 | - | ( | |
| 285 | + | (II) THE PERMIT APPLICANT HAS: 33 SENATE BILL 471 7 | |
| 309 | 286 | ||
| 310 | - | (I) CAUSE, ALLOW, OR FAIL TO CONTROL R UNOFF OF SOIL OR | |
| 311 | - | OTHER POLLUTANTS FRO M A CONSTRUCTION SIT E; OR | |
| 312 | 287 | ||
| 313 | - | (II) CAUSE EROSION INTO WA TERS OF THE STATE LOCATED | |
| 314 | - | WITHIN 500 FEET OF A CONSTRUCTI ON SITE. | |
| 315 | 288 | ||
| 316 | - | (2) THE APPROVAL OF A SED IMENT CONTROL PLAN U NDER TITLE 4, | |
| 317 | - | SUBTITLE 1 OF THIS ARTICLE DOES NOT RELEASE A PERMIT HOLDER FROM | |
| 318 | - | LIABILITY FOR A VIOL ATION OF PARAGRAPH (1) OF THIS SUBSECTION . | |
| 289 | + | 1. BEEN DETERMINED BY TH E DEPARTMENT TO BE IN 1 | |
| 290 | + | SIGNIFICANT NONCOMPL IANCE WITH THE TERMS OF ANY OTHER DISCHAR GE 2 | |
| 291 | + | PERMIT MORE THAN ONC E DURING THE 365 DAYS IMMEDIATELY PRE CEDING THE 3 | |
| 292 | + | DATE OF THE APPLICAT ION; OR 4 | |
| 319 | 293 | ||
| 320 | - | (3) FOLLOWING INSPECT ION OR OTHERWISE ON THE COLLECTION OF | |
| 321 | - | EVIDENCE OF A VIOLAT ION OF PARAGRAPH (1) OF THIS SUBSECTION , THE | |
| 322 | - | DEPARTMENT OR AN ENFO RCEMENT UNIT , OFFICER, OR OFFICIAL OF A LOC AL | |
| 323 | - | GOVERNMENT WITH DELE GATED AUTHORITY MAY ORDER THE PERMIT HOL DER TO | |
| 324 | - | REMEDIATE ANY DAMAG E CAUSED BY THE VIOL ATION. | |
| 325 | - | Ch. 547 2023 LAWS OF MARYLAND | |
| 294 | + | 2. UNLAWFULLY BEGUN CONS TRUCTION ACTIVITY 5 | |
| 295 | + | WITHOUT A DISCHARGE PERMIT OR WITHOUT CO VERAGE UNDER A GENERAL 6 | |
| 296 | + | DISCHARGE PERMIT . 7 | |
| 326 | 297 | ||
| 327 | - | – 8 – | |
| 328 | - | (D) IF THE DEPARTMENT DETERMINES THAT A PERSON HAS UN LAWFULLY | |
| 329 | - | ENGAGED IN CONSTRUCT ION ACTIVITY WITHOUT A DISCHARGE PERMIT O R | |
| 330 | - | WITHOUT COVERAGE UND ER A GENERAL DISCHAR GE PERMIT, THE DEPARTMENT | |
| 331 | - | SHALL: | |
| 298 | + | (B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , IF THE 8 | |
| 299 | + | DEPARTMENT RECEIVES A WRITTEN REQUEST WITH IN THE PUBLIC NOTIFI CATION 9 | |
| 300 | + | PERIOD OF THE GENERA L DISCHARGE PERMIT , THE DEPARTMENT SHALL EXTE ND 10 | |
| 301 | + | THE PUBLIC NOTICE PERIOD TO 60 DAYS TO PROVIDE THE REQUESTOR AN 11 | |
| 302 | + | OPPORTUNITY TO COMME NT ON THE POTENTIAL IMPACT OF INADEQUATE 12 | |
| 303 | + | CONSTRUCTION SITE CO NTROLS ON WATERS OF THE STATE. 13 | |
| 332 | 304 | ||
| 333 | - | (1) ORDER THE PERSON TO IMMEDIATELY CEASE AL L | |
| 334 | - | CONSTRUCTION ACTIVIT Y; | |
| 305 | + | (2) THE DEPARTMENT SHALL PROM PTLY: 14 | |
| 335 | 306 | ||
| 336 | - | (2) NOTIFY THE PERSON OF THE REQUIREMENT TO O BTAIN A | |
| 337 | - | DISCHARGE PERMIT IN ACCORDANCE WITH SUBS ECTION (B) OF THIS SECTION; AND | |
| 307 | + | (I) ACKNOWLEDGE RECEIPT O F THE WRITTEN REQUES T; 15 | |
| 338 | 308 | ||
| 339 | - | (3) COMMENCE AN ENFORCEME NT ACTION AGAINST TH E PERSON TO: | |
| 309 | + | (II) NOTIFY THE APPLICANT FOR THE GENERAL DISC HARGE 16 | |
| 310 | + | PERMIT OF THE WRITTE N REQUEST AND INCLUD E DETAILS REGARDING POTENTIAL 17 | |
| 311 | + | INADEQUACIES OF PROP OSED CONSTRUCTION SI TE CONTROLS; 18 | |
| 340 | 312 | ||
| 341 | - | (I) IMPOSE CIVIL OR ADMINISTRATIVE PE NALTIES IN | |
| 342 | - | ACCORDANCE WITH § 9–342 OF THIS SUBTITLE ; AND | |
| 313 | + | (III) REQUEST AN ELECTRONIC COPY OF THE APPROVED 19 | |
| 314 | + | SEDIMENT CONTROL PLA N FROM THE A PPLICANT AND PROVIDE A COPY TO THE 20 | |
| 315 | + | REQUESTOR ; AND 21 | |
| 343 | 316 | ||
| 344 | - | ( | |
| 345 | - | ||
| 346 | - | ||
| 317 | + | (IV) NOTIFY THE APPLICANT IF ANY UPDATES TO TH E SEDIMENT 22 | |
| 318 | + | CONTROL PLAN ARE REQ UIRED PRIOR TO FINAL AUTHORIZATION OF THE GENERAL 23 | |
| 319 | + | DISCHARGE PERMIT . 24 | |
| 347 | 320 | ||
| 348 | - | 9–342. | |
| 321 | + | (2) (C) THIS SUBSECTION SECTION DOES NOT APPLY TO 25 | |
| 322 | + | CONSTRUCTION ACTIVIT Y THAT: 26 | |
| 349 | 323 | ||
| 350 | - | (a) (1) In addition to being subject to an injunctive action under this subtitle, | |
| 351 | - | a person who violates any provision of this subtitle or of any rule, regulation, order, or | |
| 352 | - | permit adopted or issued under this subtitle is liable to a civil penalty [not exceeding | |
| 353 | - | $10,000], to be collected in a civil action brought by the Department. | |
| 324 | + | (I) (1) DOES NOT RESULT IN TH E ESTABLISHMENT OF A NY 27 | |
| 325 | + | PERMANENT RESIDENTIA L, COMMERCIAL , OR INDUSTRIAL BUILDI NG; AND 28 | |
| 354 | 326 | ||
| 355 | - | (2) | |
| 356 | - | ||
| 357 | - | ||
| 327 | + | (II) (2) IS SOLELY INTENDED TO RESTORE NATURAL 29 | |
| 328 | + | RESOURCES, REDUCE WATER POLLUTI ON, OR IMPROVE WATER QUA LITY. 30 | |
| 329 | + | 8 SENATE BILL 471 | |
| 358 | 330 | ||
| 359 | - | (3) FOR A VIOLATION OF § 9–323.1(D) OF THIS SUBTITLE , THE CIVIL | |
| 360 | - | PENALTY IMPOSED UNDE R THIS SUBSECTION : | |
| 361 | 331 | ||
| 362 | - | ( | |
| 363 | - | ||
| 364 | - | ||
| 332 | + | (3) THE PERMIT APPLICANT IS RESPONSIBLE FOR P ROVIDING TO THE 1 | |
| 333 | + | DEPARTMENT ALL INFORM ATION NECESSARY TO D ETERMINE WHETHER AN 2 | |
| 334 | + | INDIVIDUAL DISCHARGE PERMIT IS REQUIRED UNDER THIS SUBSECTION. 3 | |
| 365 | 335 | ||
| 366 | - | (II) MAY NOT BE LESS THAN $25,000 PER ACRE OF LAND | |
| 367 | - | UNLAWFULLY DISTURBED . | |
| 336 | + | (C) (1) A PERMIT HOLDER MAY NO T: 4 | |
| 368 | 337 | ||
| 369 | - | (4) Each day a violation occurs is a separate violation under this | |
| 370 | - | subsection. | |
| 371 | - | WES MOORE, Governor Ch. 547 | |
| 338 | + | (I) CAUSE, ALLOW, OR FAIL TO CONTROL R UNOFF OF SOIL OR 5 | |
| 339 | + | OTHER POLLUTANTS FRO M A CONSTRUCTION SIT E; OR 6 | |
| 372 | 340 | ||
| 373 | - | – 9 – | |
| 374 | - | (b) (1) In addition to any other remedies available at law or in equity and after | |
| 375 | - | an opportunity for a hearing which may be waived in writing by the person accused of a | |
| 376 | - | violation, the Department may impose a penalty for violation of any provision of this | |
| 377 | - | subtitle or any rule, regulation, order, or permit adopted or issued under this subtitle. | |
| 341 | + | (II) CAUSE EROSION INTO WA TERS OF THE STATE LOCATED 7 | |
| 342 | + | WITHIN 500 FEET OF A CONSTRUCTI ON SITE. 8 | |
| 378 | 343 | ||
| 379 | - | (2) [The] EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS | |
| 380 | - | SUBSECTION, THE penalty imposed on a person under this subsection shall be: | |
| 344 | + | (2) THE APPROVAL OF A SED IMENT CONTROL PLAN U NDER TITLE 4, 9 | |
| 345 | + | SUBTITLE 1 OF THIS ARTICLE DOES NOT RELEASE A PERMIT HOLDER FROM 10 | |
| 346 | + | LIABILITY FOR A VIOL ATION OF PARAGRAPH (1) OF THIS SUBSECTION . 11 | |
| 381 | 347 | ||
| 382 | - | (i) Up to $10,000 for each violation, but not exceeding $100,000 | |
| 383 | - | total; and | |
| 348 | + | (3) FOLLOWING INSPECT ION OR OTHERWISE ON THE COLLECTION OF 12 | |
| 349 | + | EVIDENCE OF A VIOLAT ION OF PARAGRAPH (1) OF THIS SUBSECTION , THE 13 | |
| 350 | + | DEPARTMENT OR AN ENFO RCEMENT UNIT , OFFICER, OR OFFICIAL OF A LOC AL 14 | |
| 351 | + | GOVERNMENT WITH DELE GATED AUTHORITY MAY ORDER THE PERMIT HOL DER TO 15 | |
| 352 | + | REMEDIATE ANY DAMAG E CAUSED BY THE VIOL ATION. 16 | |
| 384 | 353 | ||
| 385 | - | (ii) Assessed with consideration given to: | |
| 354 | + | (D) IF THE DEPARTMENT DETERMINES THAT A PERSON HAS UN LAWFULLY 17 | |
| 355 | + | ENGAGED IN CONSTRUCT ION ACTIVITY WITHOUT A DISCHARGE PERMIT O R 18 | |
| 356 | + | WITHOUT COVERAGE UND ER A GENERAL DISCHAR GE PERMIT, THE DEPARTMENT 19 | |
| 357 | + | SHALL: 20 | |
| 386 | 358 | ||
| 387 | - | 1. The willfulness of the violation, the extent to which the | |
| 388 | - | existence of the violation was known to but uncorrected by the violator, and the extent to | |
| 389 | - | which the violator exercised reasonable care; | |
| 359 | + | (1) ORDER THE PERSON TO I MMEDIATELY CEASE ALL 21 | |
| 360 | + | CONSTRUCTION ACTIVIT Y; 22 | |
| 390 | 361 | ||
| 391 | - | 2. Any actual harm to the environment or to human health, | |
| 392 | - | including injury to or impairment of the use of the waters of this State or the natural | |
| 393 | - | resources of this State; | |
| 362 | + | (2) NOTIFY THE PERSON OF THE REQUIREMENT TO O BTAIN A 23 | |
| 363 | + | DISCHARGE PERMIT IN ACCORDANCE WITH SUBS ECTION (B) OF THIS SECTION; AND 24 | |
| 394 | 364 | ||
| 395 | - | 3. The cost of cleanup and the cost of restoration of natural | |
| 396 | - | resources; | |
| 365 | + | (3) COMMENCE AN ENFORCEME NT ACTION AGAINST TH E PERSON TO: 25 | |
| 397 | 366 | ||
| 398 | - | | |
| 399 | - | ||
| 367 | + | (I) IMPOSE CIVIL OR ADMINISTRATIVE PE NALTIES IN 26 | |
| 368 | + | ACCORDANCE WITH § 9–342 OF THIS SUBTITLE ; AND 27 | |
| 400 | 369 | ||
| 401 | - | | |
| 402 | - | ||
| 403 | - | ||
| 370 | + | (II) SEEK ANY INJUNCTIVE R ELIEF THE DEPARTMENT 28 | |
| 371 | + | DETERMINES NECESSARY TO MITIGATE HARM TO THE ENVIRONMENT OR 29 | |
| 372 | + | SURROUNDING PROPERTY OWNERS. 30 | |
| 404 | 373 | ||
| 405 | - | ||
| 406 | - | ||
| 374 | + | 9–342. 31 | |
| 375 | + | SENATE BILL 471 9 | |
| 407 | 376 | ||
| 408 | - | 7. The degree of hazard posed by the particular pollutant or | |
| 409 | - | pollutants involved; and | |
| 410 | 377 | ||
| 411 | - | 8. The extent to which the current violation is part of a | |
| 412 | - | recurrent pattern of the same or similar type of violation committed by the violator. | |
| 378 | + | (a) (1) In addition to being subject to an injunctive action under this subtitle, 1 | |
| 379 | + | a person who violates any provision of this subtitle or of any rule, regulation, order, or 2 | |
| 380 | + | permit adopted or issued under this subtitle is liable to a civil penalty [not exceeding 3 | |
| 381 | + | $10,000], to be collected in a civil action brought by the Department. 4 | |
| 413 | 382 | ||
| 414 | - | (3) THE PENALTY IMPOSED O N A PERSON UNDER THI S SUBSECTION | |
| 415 | - | FOR A VIOLATION OF § 9–323.1(D) OF THIS SUBTITLE : | |
| 383 | + | (2) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS SUBSECTION , A 5 | |
| 384 | + | CIVIL PENALTY IMPOSE D UNDER THIS SUBSECT ION MAY NOT EXCEED $10,000 PER 6 | |
| 385 | + | VIOLATION. 7 | |
| 416 | 386 | ||
| 417 | - | (I) SHALL BE ASSESSED ON THE BASIS OF THE ACR EAGE OF | |
| 418 | - | LAND DISTURBED BY CO NSTRUCTION ACTIVITY THAT WAS NO T AUTHORIZED UNDER | |
| 419 | - | A DISCHARGE PERMIT ; AND Ch. 547 2023 LAWS OF MARYLAND | |
| 387 | + | (3) FOR A VIOLATION OF § 9–323.1(D) OF THIS SUBTITLE , THE CIVIL 8 | |
| 388 | + | PENALTY IMPOSED UNDE R THIS SUBSECTION : 9 | |
| 420 | 389 | ||
| 421 | - | – 10 – | |
| 390 | + | (I) SHALL BE ASSESSED ON THE BASIS OF THE ACR EAGE OF 10 | |
| 391 | + | LAND DISTURBED BY CO NSTRUCTION ACTIVITY THAT WAS NOT AUTHORI ZED UNDER 11 | |
| 392 | + | A DISCHARGE PERMIT ; AND 12 | |
| 422 | 393 | ||
| 423 | - | (II) MAY NOT BE LESS THAN $25,000 PER ACRE OF LAND | |
| 424 | - | UNLAWFULLY DISTURBED . | |
| 394 | + | (II) MAY NOT BE LESS THAN $25,000 PER ACRE OF LAND 13 | |
| 395 | + | UNLAWFULLY DISTURBED . 14 | |
| 425 | 396 | ||
| 426 | - | (4) Each day a violation occurs is a separate violation under this | |
| 427 | - | subsection. | |
| 397 | + | (4) Each day a violation occurs is a separate violation under this 15 | |
| 398 | + | subsection. 16 | |
| 428 | 399 | ||
| 429 | - | [(4)] (5) Any penalty imposed under this subsection is payable to this | |
| 430 | - | State and collectible in any manner provided at law for the collection of debts. | |
| 400 | + | (b) (1) In addition to any other remedies available at law or in equity and after 17 | |
| 401 | + | an opportunity for a hearing which may be waived in writing by the person accused of a 18 | |
| 402 | + | violation, the Department may impose a penalty for violation of any provision of this 19 | |
| 403 | + | subtitle or any rule, regulation, order, or permit adopted or issued under this subtitle. 20 | |
| 431 | 404 | ||
| 432 | - | [(5)] (6) If any person who is liable to pay a penalty imposed under this | |
| 433 | - | subsection fails to pay it after demand, the amount, together with interest and any costs | |
| 434 | - | that may accrue, shall be: | |
| 405 | + | (2) [The] EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS 21 | |
| 406 | + | SUBSECTION, THE penalty imposed on a person under this subsection shall be: 22 | |
| 435 | 407 | ||
| 436 | - | (i) | |
| 437 | - | ||
| 408 | + | (i) Up to $10,000 for each violation, but not exceeding $100,000 23 | |
| 409 | + | total; and 24 | |
| 438 | 410 | ||
| 439 | - | (ii) Recorded in the office of the clerk of court for the county in which | |
| 440 | - | the property is located. | |
| 411 | + | (ii) Assessed with consideration given to: 25 | |
| 441 | 412 | ||
| 442 | - | [(6)] (7) Any penalty collected under this subsection shall be placed in a | |
| 443 | - | special fund to be used for monitoring and surveillance by the Department to assure and | |
| 444 | - | maintain an adequate record of any violations, including discharge of waste material and | |
| 445 | - | other pollutants into the waters of this State or into the environment. | |
| 413 | + | 1. The willfulness of the violation, the extent to which the 26 | |
| 414 | + | existence of the violation was known to but uncorrected by the violator, and the extent to 27 | |
| 415 | + | which the violator exercised reasonable care; 28 | |
| 446 | 416 | ||
| 447 | - | SECTION 2. AND BE IT FURTHER ENACTED, That on or before November 1, | |
| 448 | - | 2023, the Department of the Environment shall report to the General Assembly, in | |
| 449 | - | accordance with § 2–1257 of the State Government Article, on the Department’s plans and | |
| 450 | - | resources needed for reviewing and updating specifications for sediment control plans. | |
| 417 | + | 2. Any actual harm to the environment or to human health, 29 | |
| 418 | + | including injury to or impairment of the use of the waters of this State or the natural 30 | |
| 419 | + | resources of this State; 31 | |
| 451 | 420 | ||
| 452 | - | ||
| 453 | - | ||
| 421 | + | 3. The cost of cleanup and the cost of restoration of natural 32 | |
| 422 | + | resources; 33 10 SENATE BILL 471 | |
| 454 | 423 | ||
| 455 | - | Approved by the Governor, May 8, 2023. | |
| 424 | + | ||
| 425 | + | ||
| 426 | + | 4. The nature and degree of injury to or interference with 1 | |
| 427 | + | general welfare, health, and property; 2 | |
| 428 | + | ||
| 429 | + | 5. The extent to which the location of the violation, including 3 | |
| 430 | + | location near waters of this State or areas of human population, creates the potential for 4 | |
| 431 | + | harm to the environment or to human health or safety; 5 | |
| 432 | + | ||
| 433 | + | 6. The available technology and economic reasonableness of 6 | |
| 434 | + | controlling, reducing, or eliminating the violation; 7 | |
| 435 | + | ||
| 436 | + | 7. The degree of hazard posed by the particular pollutant or 8 | |
| 437 | + | pollutants involved; and 9 | |
| 438 | + | ||
| 439 | + | 8. The extent to which the current violation is part of a 10 | |
| 440 | + | recurrent pattern of the same or similar type of violation committed by the violator. 11 | |
| 441 | + | ||
| 442 | + | (3) THE PENALTY IMPOSED O N A PERSON UNDER THI S SUBSECTION 12 | |
| 443 | + | FOR A VIOLATION OF § 9–323.1(D) OF THIS SUBTITLE : 13 | |
| 444 | + | ||
| 445 | + | (I) SHALL BE ASSESSED ON THE BASIS OF THE ACR EAGE OF 14 | |
| 446 | + | LAND DISTURBED BY CO NSTRUCTION ACTIVITY THAT WAS NO T AUTHORIZED UNDER 15 | |
| 447 | + | A DISCHARGE PERMIT ; AND 16 | |
| 448 | + | ||
| 449 | + | (II) MAY NOT BE LESS THAN $25,000 PER ACRE OF LAND 17 | |
| 450 | + | UNLAWFULLY DISTURBED . 18 | |
| 451 | + | ||
| 452 | + | (4) Each day a violation occurs is a separate violation under this 19 | |
| 453 | + | subsection. 20 | |
| 454 | + | ||
| 455 | + | [(4)] (5) Any penalty imposed under this subsection is payable to this 21 | |
| 456 | + | State and collectible in any manner provided at law for the collection of debts. 22 | |
| 457 | + | ||
| 458 | + | [(5)] (6) If any person who is liable to pay a penalty imposed under this 23 | |
| 459 | + | subsection fails to pay it after demand, the amount, together with interest and any costs 24 | |
| 460 | + | that may accrue, shall be: 25 | |
| 461 | + | ||
| 462 | + | (i) A lien in favor of this State on any property, real or personal, of 26 | |
| 463 | + | the person; and 27 | |
| 464 | + | ||
| 465 | + | (ii) Recorded in the office of the clerk of court for the county in which 28 | |
| 466 | + | the property is located. 29 | |
| 467 | + | ||
| 468 | + | [(6)] (7) Any penalty collected under this subsection shall be placed in a 30 | |
| 469 | + | special fund to be used for monitoring and surveillance by the Department to assure and 31 SENATE BILL 471 11 | |
| 470 | + | ||
| 471 | + | ||
| 472 | + | maintain an adequate record of any violations, including discharge of waste material and 1 | |
| 473 | + | other pollutants into the waters of this State or into the environment. 2 | |
| 474 | + | ||
| 475 | + | SECTION 2. AND BE IT FURTHER ENACTED, That on or before November 1, 3 | |
| 476 | + | 2023, the Department of the Environment shall report to the General Assembly, in 4 | |
| 477 | + | accordance with § 2–1257 of the State Government Article, on the Department’s plans and 5 | |
| 478 | + | resources needed for reviewing and updating specifications for sediment control plans. 6 | |
| 479 | + | ||
| 480 | + | SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 7 | |
| 481 | + | October 1, 2023. 8 | |
| 482 | + | ||
| 483 | + | ||
| 484 | + | ||
| 485 | + | ||
| 486 | + | Approved: | |
| 487 | + | ________________________________________________________________________________ | |
| 488 | + | Governor. | |
| 489 | + | ________________________________________________________________________________ | |
| 490 | + | President of the Senate. | |
| 491 | + | ________________________________________________________________________________ | |
| 492 | + | Speaker of the House of Delegates. |