| Old | New | Differences | |
|---|---|---|---|
| 1 | - | WES MOORE, Governor Ch. 535 | |
| 2 | 1 | ||
| 3 | - | – 1 – | |
| 4 | - | Chapter 535 | |
| 5 | - | (House Bill 1101) | |
| 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 | + | *hb1101* | |
| 8 | 10 | ||
| 9 | - | Standing – Environmental and Natural Resources Protection Proceedings | |
| 10 | - | (Clean Water Justice Act of 2024) | |
| 11 | + | HOUSE BILL 1101 | |
| 12 | + | M3, M1 (4lr1884) | |
| 13 | + | ENROLLED BILL | |
| 14 | + | — Environment and Transportation/Education, Energy, and the Environment — | |
| 15 | + | Introduced by Delegates Love, Charkoudian, Foley, Fraser–Hidalgo, J. Long, Ruth, | |
| 16 | + | and Stewart | |
| 11 | 17 | ||
| 12 | - | FOR the purpose of providing certain persons and associations standing in certain | |
| 13 | - | environmental and natural resources protection proceedings, including proceedings | |
| 14 | - | arising under provisions of law relating to water quality and water resources | |
| 15 | - | protection, subject to certain conditions; authorizing certain persons that meet | |
| 16 | - | certain standing requirements to bring certain civil actions under certain | |
| 17 | - | circumstances; requiring a plaintiff, under certain circumstances, to give certain | |
| 18 | - | notice and provide certain documentation to the Department of the Environment and | |
| 19 | - | the Attorney General in a certain manner and to file a certain affidavit; authorizing | |
| 20 | - | a court to grant certain relief, award certain costs of litigation, and impose certain | |
| 21 | - | civil penalties in certain civil actions under certain circumstances; authorizing | |
| 22 | - | certain persons that meet certain standing requirements to intervene in certain | |
| 23 | - | proceedings under certain circumstances; and generally relating to standing in | |
| 24 | - | certain environmental and natural resources protection proceedings. | |
| 18 | + | Read and Examined by Proofreaders: | |
| 25 | 19 | ||
| 26 | - | BY adding to | |
| 27 | - | Article – Environment | |
| 28 | - | Section 1–901 through 1–905 1–904 to be under the new subtitle “Subtitle 9. Clean | |
| 29 | - | Water Justice Act” | |
| 30 | - | Annotated Code of Maryland | |
| 31 | - | (2013 Replacement Volume and 2023 Supplement) | |
| 20 | + | _______________________________________________ | |
| 21 | + | Proofreader. | |
| 22 | + | _______________________________________________ | |
| 23 | + | Proofreader. | |
| 32 | 24 | ||
| 33 | - | BY repealing | |
| 34 | - | Article – Environment | |
| 35 | - | Section 9–344.1 | |
| 36 | - | Annotated Code of Maryland | |
| 37 | - | (2014 Replacement Volume and 2023 Supplement) | |
| 25 | + | Sealed with the Great Seal and presented to the Governor, for his approval this | |
| 38 | 26 | ||
| 39 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, | |
| 40 | - | That the Laws of Maryland read as follows: | |
| 27 | + | _______ day of _______________ at ________________________ o’clock, ________M. | |
| 41 | 28 | ||
| 42 | - | Article – Environment | |
| 29 | + | ______________________________________________ | |
| 30 | + | Speaker. | |
| 43 | 31 | ||
| 44 | - | ||
| 32 | + | CHAPTER ______ | |
| 45 | 33 | ||
| 46 | - | 1–901. | |
| 47 | - | Ch. 535 2024 LAWS OF MARYLAND | |
| 34 | + | AN ACT concerning 1 | |
| 48 | 35 | ||
| 49 | - | – 2 – | |
| 50 | - | (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS | |
| 51 | - | INDICATED. | |
| 36 | + | Standing – Environmental and Natural Resources Protection Proceedings 2 | |
| 37 | + | (Clean Water Justice Act of 2024) 3 | |
| 52 | 38 | ||
| 53 | - | (B) “ASSOCIATION” MEANS AN ASSOCIATION , A CORPORATION , OR ANY | |
| 54 | - | OTHER ORGANIZATION T HAT CONSISTS OF TWO OR MORE MEMBERS JOIN ED BY | |
| 55 | - | MUTUAL CONSENT FOR A COMMON PURPOSE . | |
| 39 | + | FOR the purpose of providing certain persons and associations standing in certain 4 | |
| 40 | + | environmental and natural resources protection proceedings, including proceedings 5 | |
| 41 | + | arising under provisions of law relating to water quality and water resources 6 | |
| 42 | + | protection, subject to certain conditions; authorizing certain persons that meet 7 | |
| 43 | + | certain standing requirements to bring certain civil actions under certain 8 | |
| 44 | + | circumstances; requiring a plaintiff, under certain circumstances, to give certain 9 | |
| 45 | + | notice and provide certain documentation to the Department of the Environment and 10 | |
| 46 | + | the Attorney General in a certain manner and to file a certain affidavit; authorizing 11 | |
| 47 | + | a court to grant certain relief, award certain costs of litigation, and impose certain 12 | |
| 48 | + | civil penalties in certain civil actions under certain circumstances; authorizing 13 | |
| 49 | + | certain persons that meet certain standing requirements to intervene in certain 14 2 HOUSE BILL 1101 | |
| 56 | 50 | ||
| 57 | - | (C) (B) “COSTS OF LITIGATION ” INCLUDES REASONABLE ATTORNEY’S | |
| 58 | - | FEES, COURT COSTS , AND EXPERT WITNESS FEES , AND DOCUMENTED COSTS | |
| 59 | - | INCURRED IN INVESTIGATING ALLEGE D VIOLATIONS. | |
| 60 | 51 | ||
| 61 | - | ||
| 62 | - | ||
| 52 | + | proceedings under certain circumstances; and generally relating to standing in 1 | |
| 53 | + | certain environmental and natural resources protection proceedings. 2 | |
| 63 | 54 | ||
| 64 | - | (I) CONCRETE AND PARTICUL ARIZED; | |
| 55 | + | BY adding to 3 | |
| 56 | + | Article – Environment 4 | |
| 57 | + | Section 1–901 through 1–905 1–904 to be under the new subtitle “Subtitle 9. Clean 5 | |
| 58 | + | Water Justice Act” 6 | |
| 59 | + | Annotated Code of Maryland 7 | |
| 60 | + | (2013 Replacement Volume and 2023 Supplement) 8 | |
| 65 | 61 | ||
| 66 | - | (II) ACTUAL OR IMMINENT ; AND | |
| 62 | + | BY repealing 9 | |
| 63 | + | Article – Environment 10 | |
| 64 | + | Section 9–344.1 11 | |
| 65 | + | Annotated Code of Maryland 12 | |
| 66 | + | (2014 Replacement Volume and 2023 Supplement) 13 | |
| 67 | 67 | ||
| 68 | - | (III) NOT CONJECTURAL OR HY POTHETICAL. | |
| 68 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14 | |
| 69 | + | That the Laws of Maryland read as follows: 15 | |
| 69 | 70 | ||
| 70 | - | ||
| 71 | + | Article – Environment 16 | |
| 71 | 72 | ||
| 72 | - | (I) A PROPERTY RIGHT OR PE RSONAL INTEREST THAT IS | |
| 73 | - | DISTINCT FROM , OR SPECIFICALLY AFFE CTED IN A WAY THAT I S DISTINCT FROM , A | |
| 74 | - | PROPERTY RIGHT OR PE RSONAL INTEREST OF T HE GENERAL PUBLIC ; AND | |
| 73 | + | SUBTITLE 9. CLEAN WATER JUSTICE ACT. 17 | |
| 75 | 74 | ||
| 76 | - | (II) A NEGATIVE IMPACT , OR THE THREAT OF A N EGATIVE | |
| 77 | - | IMPACT, TO A PERSON’S HEALTH OR TO THE U SE AND ENJOYMENT OF A NATURAL | |
| 78 | - | RESOURCE OR ENVIRONMENT , INCLUDING A NEGATIVE IMPACT TO AESTHETIC , | |
| 79 | - | RECREATIONAL , CONSERVATIONAL , AND ECONOMIC INTERES TS THAT MAY BE | |
| 80 | - | SHARED AMONG COMMUNI TY MEMBERS. | |
| 75 | + | 1–901. 18 | |
| 81 | 76 | ||
| 82 | - | (C) “EPHEMERAL STREAM ” MEANS A BODY OF WATE R WITH: | |
| 77 | + | (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 19 | |
| 78 | + | INDICATED. 20 | |
| 83 | 79 | ||
| 84 | - | (1) A STREAM BED LOCATED A BOVE THE WATER TABLE YEAR–ROUND; | |
| 80 | + | (B) “ASSOCIATION” MEANS AN ASSOCIATION , A CORPORATION , OR ANY 21 | |
| 81 | + | OTHER ORGANIZATION THAT CO NSISTS OF TWO OR MOR E MEMBERS JOINED BY 22 | |
| 82 | + | MUTUAL CONSENT FOR A COMMON PURPOSE . 23 | |
| 85 | 83 | ||
| 86 | - | (2) A STREAM FLOW PRIMARIL Y SOURCED FROM RAINF ALL RUNOFF; | |
| 87 | - | AND | |
| 84 | + | (C) (B) “COSTS OF LITIGATION ” INCLUDES REASONABLE ATTORNEY’S 24 | |
| 85 | + | FEES, COURT COSTS , AND EXPERT WITNESS FEES , AND DOCUMENTED COSTS 25 | |
| 86 | + | INCURRED IN INVESTIGATING ALLE GED VIOLATIONS . 26 | |
| 88 | 87 | ||
| 89 | - | ( | |
| 90 | - | ||
| 88 | + | (D) (1) “INJURY IN FACT ” MEANS AN INVASION OF A LEGALLY 27 | |
| 89 | + | PROTECTED INTEREST T HAT IS: 28 | |
| 91 | 90 | ||
| 92 | - | (D) “INTERMITTENT STREAM ” MEANS A BODY OF WATER WITH: | |
| 93 | - | WES MOORE, Governor Ch. 535 | |
| 91 | + | (I) CONCRETE AND PARTICUL ARIZED; 29 | |
| 94 | 92 | ||
| 95 | - | – 3 – | |
| 96 | - | (1) FLOWING WATER DURING CERTAIN TIMES OF THE YEAR, WHEN | |
| 97 | - | GROUNDWATER PROVIDES WATER FOR STREAM FLO W; AND | |
| 93 | + | (II) ACTUAL OR IMMINENT ; AND 30 | |
| 98 | 94 | ||
| 99 | - | (2) A STREAM FLOW SUPPLEME NTED BY RUNOFF FROM RAINFALL. | |
| 95 | + | (III) NOT CONJECTURAL OR HY POTHETICAL. 31 | |
| 96 | + | HOUSE BILL 1101 3 | |
| 100 | 97 | ||
| 101 | - | (E) “PERSON” MEANS AN INDIVIDUAL , RECEIVER, TRUSTEE, GUARDIAN, | |
| 102 | - | PERSONAL REPRESENTAT IVE, FIDUCIARY, OR REPRESENTATIVE OF ANY KIND AND | |
| 103 | - | ANY PARTNERSHIP , FIRM, ASSOCIATION, CORPORATION , OR OTHER | |
| 104 | - | NONGOVERNMENTAL ENTI TY. | |
| 105 | 98 | ||
| 106 | - | ( | |
| 99 | + | (2) “INJURY IN FACT” INCLUDES: 1 | |
| 107 | 100 | ||
| 108 | - | (1) A COUNTY; | |
| 101 | + | (I) A PROPERTY RIGHT OR PE RSONAL INTEREST THAT IS 2 | |
| 102 | + | DISTINCT FROM , OR SPECIFICALLY AFFE CTED IN A WAY THAT I S DISTINCT FROM , A 3 | |
| 103 | + | PROPERTY RIGHT OR PE RSONAL INTEREST OF T HE GENERAL PUBLIC ; AND 4 | |
| 109 | 104 | ||
| 110 | - | (2) THE CITY OF BALTIMORE; | |
| 105 | + | (II) A NEGATIVE IMPACT , OR THE THREAT OF A N EGATIVE 5 | |
| 106 | + | IMPACT, TO A PERSON’S HEALTH OR TO THE U SE AND ENJOYMENT OF A NATURAL 6 | |
| 107 | + | RESOURCE OR ENVIRONM ENT, INCLUDING A NEGATIVE IMPACT TO AESTHETIC , 7 | |
| 108 | + | RECREATIONAL , CONSERVATIONAL , AND ECONOMIC INTERES TS THAT MAY BE 8 | |
| 109 | + | SHARED AMONG COMMUNI TY MEMBERS. 9 | |
| 111 | 110 | ||
| 112 | - | ( | |
| 111 | + | (C) “EPHEMERAL STREAM ” MEANS A BODY OF WATER WITH : 10 | |
| 113 | 112 | ||
| 114 | - | ( | |
| 113 | + | (1) A STREAM BED LOCATED A BOVE THE WATER TABLE YEAR–ROUND; 11 | |
| 115 | 114 | ||
| 116 | - | (5) A SINGLE–PURPOSE DISTRICT ; OR | |
| 115 | + | (2) A STREAM FLOW PRIMARIL Y SOURCED FROM RAINF ALL RUNOFF; 12 | |
| 116 | + | AND 13 | |
| 117 | 117 | ||
| 118 | - | (6) A SOIL CONSERVATION OR SANITARY DISTRICT . | |
| 118 | + | (3) FLOWING WATER ONLY DU RING, AND FOR A SHORT DURA TION 14 | |
| 119 | + | AFTER, PRECIPITATION EVENTS IN A TYPICAL YEAR. 15 | |
| 119 | 120 | ||
| 120 | - | (F) “SECRETARY” MEANS THE SECRETARY OF ANY STATE AGENCY , | |
| 121 | - | APPOINTED BY THE GOVERNOR. | |
| 121 | + | (D) “INTERMITTENT STREAM ” MEANS A BODY OF WATE R WITH: 16 | |
| 122 | 122 | ||
| 123 | - | (G) (F) (G) “STANDARD” MEANS ANY REQUIREMEN T, PROHIBITION, | |
| 124 | - | LIMITATION, OR CONDITION ESTABLI SHED BY STATUTE , REGULATION , PERMIT, | |
| 125 | - | ORDER, OR LICENSE ISSUED BY A SECRETARY THE SECRETARY OR ANY OTHER | |
| 126 | - | OFFICE OR AGENCY OF THE STATE, A LOCAL GOVERNMENT , OR A POLITICAL | |
| 127 | - | SUBDIVISION IN ACCORDANCE WITH : | |
| 123 | + | (1) FLOWING WATER DURING CERTAIN TIMES OF THE YEAR, WHEN 17 | |
| 124 | + | GROUNDWATER PROVIDES WATER FOR STREAM FLO W; AND 18 | |
| 128 | 125 | ||
| 129 | - | (1) TITLE 4, TITLE 5, SUBTITLE 9 OF THIS ARTICLE , IF THE | |
| 130 | - | REQUIREMENT , PROHIBITION, LIMITATION, OR CONDITION IS RELA TED TO | |
| 131 | - | NONTIDAL WETLANDS TH AT DO NOT HAVE A CON TINUOUS SURFACE CONN ECTION TO | |
| 132 | - | SURFACE WATER ; OR | |
| 126 | + | (2) A STREAM FLOW SUPPLEME NTED BY RUNOFF FROM RAINFALL. 19 | |
| 133 | 127 | ||
| 134 | - | (2) TITLE 9, SUBTITLE 3 OR TITLE 16 OF THIS ARTICLE , IF THE | |
| 135 | - | REQUIREMENT , PROHIBITION, LIMITATION, OR CONDITION IS HYDROLOGICALLY | |
| 136 | - | CONNECTED RELATED TO: | |
| 128 | + | (E) “PERSON” MEANS AN INDIVIDUAL , RECEIVER, TRUSTEE, GUARDIAN, 20 | |
| 129 | + | PERSONAL REPRESENTAT IVE, FIDUCIARY, OR REPRESENTATIVE OF ANY KIND AND 21 | |
| 130 | + | ANY PARTNERSHIP , FIRM, ASSOCIATION, CORPORATION , OR OTHER 22 | |
| 131 | + | NONGOVERNMENTAL ENTI TY. 23 | |
| 137 | 132 | ||
| 138 | - | (I) AN EPHEMERAL STREAM ; OR | |
| 139 | - | Ch. 535 2024 LAWS OF MARYLAND | |
| 133 | + | (F) “POLITICAL SUBDIVISION ” MEANS: 24 | |
| 140 | 134 | ||
| 141 | - | – 4 – | |
| 142 | - | (II) AN INTERMITTENT STREA M. | |
| 135 | + | (1) A COUNTY; 25 | |
| 143 | 136 | ||
| 144 | - | ||
| 137 | + | (2) THE CITY OF BALTIMORE; 26 | |
| 145 | 138 | ||
| 146 | - | (A) (1) SUBJECT TO PARAGRAPH (2) OF EXCEPT AS PROVIDED IN THIS | |
| 147 | - | SUBSECTION SUBTITLE, A PERSON THAT MEETS THE THRES HOLD STANDING | |
| 148 | - | REQUIREMENTS UNDER F EDERAL LAW HAS STANDING IN CIVIL CLAIMS ARISING | |
| 149 | - | UNDER ANY STANDARD TITLE 4, TITLE 5, TITLE 9, OR TITLE 16 OF THIS ARTICLE OR | |
| 150 | - | TITLE 1, SUBTITLE 3, TITLE 5, SUBTITLE 16, OR TITLE 8, SUBTITLE 18 OF THE | |
| 151 | - | NATURAL RESOURCES ARTICLE IF THE PERSON SUFFERS AN INJURY IN FACT THAT : | |
| 139 | + | (3) A MULTICOUNTY AGENCY ; 27 | |
| 152 | 140 | ||
| 153 | - | ( | |
| 154 | - | ||
| 141 | + | (4) A MUNICIPAL CORPORATIO N; 28 | |
| 142 | + | 4 HOUSE BILL 1101 | |
| 155 | 143 | ||
| 156 | - | (II) IS LIKELY TO BE REDRESS ED BY THE REQUESTED RELIEF | |
| 157 | - | OR A FAVORABLE JUDIC IAL DECISION. | |
| 158 | 144 | ||
| 159 | - | (2) AN INTEREST OR INJURY ASSERTED UNDER THIS SECTION SHALL | |
| 160 | - | FALL WITHIN THE ZONE OF INTERESTS SOUGHT TO BE PROTECTED BY TITLE 4, | |
| 161 | - | TITLE 5, TITLE 9, OR TITLE 16 OF THIS ARTICLE AND TITLE 1, SUBTITLE 3, TITLE | |
| 162 | - | 5, SUBTITLE 16, OR TITLE 8, SUBTITLE 18 OF THE NATURAL RESOURCES ARTICLE. | |
| 145 | + | (5) A SINGLE–PURPOSE DISTRICT ; OR 1 | |
| 163 | 146 | ||
| 164 | - | (B) IN ADDITION TO SUBSEC TION (A) OF THIS SECTION , AN ASSOCIATION | |
| 165 | - | HAS STANDING IN CLAI MS ARISING UNDER TITLE 4, TITLE 5, TITLE 9, OR TITLE 16 | |
| 166 | - | OF THIS ARTICLE OR TITLE 1, SUBTITLE 3, TITLE 5, SUBTITLE 16, OR TITLE 8, | |
| 167 | - | SUBTITLE 18 OF THE NATURAL RESOURCES ARTICLE IF: | |
| 147 | + | (6) A SOIL CONSERVATION OR SANITARY DISTRICT . 2 | |
| 168 | 148 | ||
| 169 | - | ( | |
| 170 | - | ||
| 149 | + | (F) “SECRETARY” MEANS THE SECRETARY OF ANY STATE AGENCY , 3 | |
| 150 | + | APPOINTED BY THE GOVERNOR. 4 | |
| 171 | 151 | ||
| 172 | - | (2) THE INTERESTS THAT TH E ASSOCIATION SEEKS TO PROTECT ARE | |
| 173 | - | GERMANE TO ITS PURPO SES; AND | |
| 152 | + | (G) (F) (G) “STANDARD” MEANS ANY REQUIREMEN T, PROHIBITION, 5 | |
| 153 | + | LIMITATION, OR CONDITION ESTABLI SHED BY STATUTE , REGULATION , PERMIT, 6 | |
| 154 | + | ORDER, OR LICENSE ISSUED BY A SECRETARY THE SECRETARY OR ANY OTHER 7 | |
| 155 | + | OFFICE OR AGENCY OF THE STATE, A LOCAL GOVERNMENT , OR A POLITICAL 8 | |
| 156 | + | SUBDIVISION IN ACCORDANCE WITH : 9 | |
| 174 | 157 | ||
| 175 | - | (3) NEITHER THE CLAIM ASS ERTED NOR THE RELIEF REQUESTED | |
| 176 | - | REQUIRES THE PARTICI PATION OF THE MEMBER . | |
| 158 | + | (1) TITLE 4, TITLE 5, SUBTITLE 9 OF THIS ARTICLE , IF THE 10 | |
| 159 | + | REQUIREMENT , PROHIBITION, LIMITATION, OR CONDITION IS RELA TED TO 11 | |
| 160 | + | NONTIDAL WETLANDS TH AT DO NOT HAVE A CON TINUOUS SURFACE CONN ECTION TO 12 | |
| 161 | + | SURFACE WATER ; OR 13 | |
| 177 | 162 | ||
| 178 | - | 1–903. | |
| 163 | + | (2) TITLE 9, SUBTITLE 3 OR TITLE 16 OF THIS ARTICLE , IF THE 14 | |
| 164 | + | REQUIREMENT , PROHIBITION, LIMITATION, OR CONDITION IS HYDROLOGICALLY 15 | |
| 165 | + | CONNECTED RELATED TO: 16 | |
| 179 | 166 | ||
| 180 | - | (A) SUBJECT TO SUBSECTION (B) OF THIS SECTION , A PERSON THAT HAS | |
| 181 | - | STANDING UNDER § 1–902 OF THIS SUBTITLE MAY BRING A CIVIL ACTION ON THE | |
| 182 | - | PERSON’S OWN BEHALF AGAINST ANY PERSON OR POLITICAL SUBDIVI SION OR | |
| 183 | - | GOVERNMENTAL ENTITY THAT IS ALLEGED TO HAVE VIOLATED OR TO BE IN | |
| 184 | - | VIOLATION OF ANY STA NDARD. WES MOORE, Governor Ch. 535 | |
| 167 | + | (I) AN EPHEMERAL STREAM ; OR 17 | |
| 185 | 168 | ||
| 186 | - | ||
| 169 | + | (II) AN INTERMITTENT STREA M. 18 | |
| 187 | 170 | ||
| 188 | - | (B) (1) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , AN ACTION | |
| 189 | - | MAY NOT BE BROUGHT UNDER SUB SECTION (A) OF THIS SECTION AT LEAST 60 DAYS | |
| 190 | - | AFTER THE PLAINTIFF HAS GIVEN UNLESS THE PLAINTIFF HAS FIRST BEEN GIVEN | |
| 191 | - | GIVES 60 DAYS NOTICE OF THE ALLEGE D VIOLATION. | |
| 171 | + | 1–902. 19 | |
| 192 | 172 | ||
| 193 | - | (2) NOTICE UNDER THIS SUB SECTION SHALL BE : | |
| 173 | + | (A) (1) SUBJECT TO PARAGRAPH (2) OF EXCEPT AS PROVIDED IN THIS 20 | |
| 174 | + | SUBSECTION SUBTITLE, A PERSON THAT MEETS THE THRES HOLD STANDING 21 | |
| 175 | + | REQUIREMENTS UNDER F EDERAL LAW HAS STANDING IN CIVIL CLAIMS ARISING 22 | |
| 176 | + | UNDER ANY STANDARD TITLE 4, TITLE 5, TITLE 9, OR TITLE 16 OF THIS ARTICLE OR 23 | |
| 177 | + | TITLE 1, SUBTITLE 3, TITLE 5, SUBTITLE 16, OR TITLE 8, SUBTITLE 18 OF THE 24 | |
| 178 | + | NATURAL RESOURCES ARTICLE IF THE PERSON SUFFERS AN INJURY IN FACT THAT : 25 | |
| 194 | 179 | ||
| 195 | - | (I) 1. BY CERTIFIED MAIL; OR | |
| 180 | + | (I) IS FAIRLY TRACEABLE T O THE CHALLENGED ACT ION OR 26 | |
| 181 | + | CONDUCT OF THE DEFEN DANT; AND 27 | |
| 196 | 182 | ||
| 197 | - | 2. PERSONAL SERVICE ; AND | |
| 183 | + | (II) IS LIKELY TO BE REDRESS ED BY THE REQUESTED RELIEF 28 | |
| 184 | + | OR A FAVORABLE JUDIC IAL DECISION. 29 | |
| 198 | 185 | ||
| 199 | - | (II) PROVIDED TO: | |
| 186 | + | (2) AN INTEREST OR INJURY ASSERTED UNDER THIS SECTION SHALL 30 | |
| 187 | + | FALL WITHIN THE ZONE OF INTERESTS SOUGHT TO BE PROTECTED BY TITLE 4, 31 HOUSE BILL 1101 5 | |
| 200 | 188 | ||
| 201 | - | 1. THE APPROPRIATE SECRETAR Y SECRETARY; | |
| 202 | 189 | ||
| 203 | - | 2. THE ATTORNEY GENERAL; | |
| 190 | + | TITLE 5, TITLE 9, OR TITLE 16 OF THIS ARTICLE AND TITLE 1, SUBTITLE 3, TITLE 1 | |
| 191 | + | 5, SUBTITLE 16, OR TITLE 8, SUBTITLE 18 OF THE NATURAL RESOURCES ARTICLE. 2 | |
| 204 | 192 | ||
| 205 | - | 3. ANY LOCAL JURISDICTIO N IN WHICH THE ALLEGED | |
| 206 | - | VIOLATION HAS OCCURRED IS ALLEGED TO OCCUR ; AND | |
| 193 | + | (B) IN ADDITION TO SUBSEC TION (A) OF THIS SECTION , AN ASSOCIATION 3 | |
| 194 | + | HAS STANDING IN CLAI MS ARISING UNDER TITLE 4, TITLE 5, TITLE 9, OR TITLE 16 4 | |
| 195 | + | OF THIS ARTICLE OR TITLE 1, SUBTITLE 3, TITLE 5, SUBTITLE 16, OR TITLE 8, 5 | |
| 196 | + | SUBTITLE 18 OF THE NATURAL RESOURCES ARTICLE IF: 6 | |
| 207 | 197 | ||
| 208 | - | 4. AN ALLEGED VIOLATOR O F THE STANDARD . | |
| 198 | + | (1) ONE OR MORE MEMBERS O F THE ASSOCIATION HA VE STANDING 7 | |
| 199 | + | UNDER SUBSECTION (A) OF THIS SECTION; 8 | |
| 209 | 200 | ||
| 210 | - | (3) (I) AN ACTION MAY NOT BE BROUGHT UNDER SUBSEC TION (A) | |
| 211 | - | OF THIS SECTION IF T HE SECRETARY SECRETARY HAS COMMENCED AND IS | |
| 212 | - | DILIGENTLY PROSECUTI NG A CIVIL OR CRIMINAL ACTION IN A COURT OF THE STATE | |
| 213 | - | OR A CONSENT ORDER I S ENTERED TO REQUIRE COMPLIANC E FROM THE ALLEGED | |
| 214 | - | VIOLATOR WITHOUT UNDUE DELAY OR UNREASONABLE SCHEDUL ES FOR | |
| 215 | - | RETURNING TO COMPLIA NCE. | |
| 201 | + | (2) THE INTERESTS THAT TH E ASSOCIATION SEEKS TO PRO TECT ARE 9 | |
| 202 | + | GERMANE TO ITS PURPO SES; AND 10 | |
| 216 | 203 | ||
| 217 | - | (II) NOTWITHSTANDING SUBPA RAGRAPH (I) OF THIS | |
| 218 | - | PARAGRAPH , A PERSON THAT HAS STANDING UNDER § 1–902 OF THIS SUBTITLE | |
| 219 | - | MEETS THE THRESHOLD STANDING REQUIREMENT S UNDER FEDERAL LAW MAY | |
| 220 | - | INTERVENE IN THE A CIVIL ACTION BROUGHT BY TH E SECRETARY SECRETARY | |
| 221 | - | UNDER: | |
| 204 | + | (3) NEITHER THE CLAIM ASS ERTED NOR THE RELIEF REQUESTED 11 | |
| 205 | + | REQUIRES THE PARTICI PATION OF THE MEMBER . 12 | |
| 222 | 206 | ||
| 223 | - | ||
| 207 | + | 1–903. 13 | |
| 224 | 208 | ||
| 225 | - | 2. TITLE 9, SUBTITLE 3 OF THIS ARTICLE, AS PROVIDED | |
| 226 | - | IN § 1–904 OF THIS SUBTITLE. | |
| 209 | + | (A) SUBJECT TO SUBSECTION (B) OF THIS SECTION , A PERSON THAT HAS 14 | |
| 210 | + | STANDING UNDER § 1–902 OF THIS SUBTITLE MAY BRING A CIVIL ACTION ON THE 15 | |
| 211 | + | PERSON’S OWN BEHALF AGAINST ANY PERSON OR POLITICAL SUBDIVI SION OR 16 | |
| 212 | + | GOVERNMENTAL ENTITY THAT IS ALLEGED TO HAVE VIOLATED OR TO BE IN 17 | |
| 213 | + | VIOLATION OF ANY STA NDARD. 18 | |
| 227 | 214 | ||
| 228 | - | (4) NOTICE UNDER THIS SUB SECTION SHALL IDENTI FY: | |
| 215 | + | (B) (1) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , AN ACTION 19 | |
| 216 | + | MAY NOT BE BROUGHT UNDER SUB SECTION (A) OF THIS SECTION AT LEAST 60 DAYS 20 | |
| 217 | + | AFTER THE PLAINTIFF HAS GIVEN UNLESS THE PLAINTIFF HAS FIRST BEEN GIVEN 21 | |
| 218 | + | GIVES 60 DAYS NOTICE OF THE ALLEGE D VIOLATION. 22 | |
| 229 | 219 | ||
| 230 | - | ( | |
| 220 | + | (2) NOTICE UNDER THIS SUB SECTION SHALL BE : 23 | |
| 231 | 221 | ||
| 232 | - | ||
| 222 | + | (I) 1. BY CERTIFIED MAIL; OR 24 | |
| 233 | 223 | ||
| 234 | - | | |
| 224 | + | 2. PERSONAL SERVICE ; AND 25 | |
| 235 | 225 | ||
| 236 | - | (III) A PERSON SUSPECTED OF BEING RESPONSIBLE FO R THE | |
| 237 | - | VIOLATION; | |
| 226 | + | (II) PROVIDED TO: 26 | |
| 238 | 227 | ||
| 239 | - | | |
| 228 | + | 1. THE APPROPRIATE SECRETAR Y SECRETARY; 27 | |
| 240 | 229 | ||
| 241 | - | | |
| 230 | + | 2. THE ATTORNEY GENERAL; 28 | |
| 242 | 231 | ||
| 243 | - | (VI) THE NAME AND ADDRESS OF THE PERSON GIVING NOTICE. | |
| 232 | + | 3. ANY LOCAL JURISDICTIO N IN WHICH THE ALLEGED 29 | |
| 233 | + | VIOLATION HAS OCCURRED IS ALLEGED TO OCCUR ; AND 30 6 HOUSE BILL 1101 | |
| 244 | 234 | ||
| 245 | - | (C) AN ACTION BROUGHT IN ACCORDANCE WI TH THIS SECTION SHAL L BE | |
| 246 | - | BROUGHT IN ANY CIRCU IT COURT OF A COUNTY WHERE THE ALLEGED CONDITION, | |
| 247 | - | ACTIVITY, OR FAILURE IS OCCURRING, HAS OCCURRED , OR IS LIKELY TO OCCU R IS | |
| 248 | - | ALLEGED TO BE A VIOL ATION OF A STANDARD . | |
| 249 | 235 | ||
| 250 | - | (D) BEFORE THE ENTERING O F ANY CONSENT JUDGM ENT TO WHICH THE | |
| 251 | - | DEPARTMENT IS NOT A P ARTY OR BEFORE THE D ISMISSAL OF ANY CASE FILED IN | |
| 252 | - | ACCORDANCE WITH THIS SUBTITLE SUBJECT TO A SETTLEMENT AGREEME NT, THE | |
| 253 | - | PLAINTIFF SHALL : | |
| 254 | 236 | ||
| 255 | - | (1) GIVE NOTICE AND PROVI DE A COMPLETE AND UN REDACTED COPY | |
| 256 | - | OF THE PROPOSED CONS ENT JUDGMENT OR SETT LEMENT AGREEMENT TO THE | |
| 257 | - | DEPARTMENT AND THE ATTORNEY GENERAL BY PERSONAL S ERVICE OR CERTIFIED | |
| 258 | - | MAIL AT LEAST 45 DAYS BEFORE THE DATE THAT THE PROPOSED CO NSENT | |
| 259 | - | JUDGMENT OR SETTLEME NT AGREEMENT IS FILE D WITH THE COURT ; AND | |
| 237 | + | 4. AN ALLEGED VIOLATOR O F THE STANDARD . 1 | |
| 260 | 238 | ||
| 261 | - | (2) FILE AN AFFIDAVIT WITH THE C OURT UNDER PENALTY O F | |
| 262 | - | PERJURY INDICATING C OMPLIANCE WITH THE R EQUIREMENT UNDER ITE M (1) OF | |
| 263 | - | THIS SUBSECTION . | |
| 239 | + | (3) (I) AN ACTION MAY NOT BE BROUGHT UNDER SUBSEC TION (A) 2 | |
| 240 | + | OF THIS SECTION IF T HE SECRETARY SECRETARY HAS COMMENCED AND IS 3 | |
| 241 | + | DILIGENTLY PROSECUTI NG A CIVIL OR CRIMINAL ACTION IN A COURT OF THE STATE 4 | |
| 242 | + | OR A CONSENT ORDER I S ENTERED TO REQUIRE COMPLIANC E FROM THE ALLEGED 5 | |
| 243 | + | VIOLATOR WITHOUT UNDUE DELAY OR UNREASONABLE SCHEDUL ES FOR 6 | |
| 244 | + | RETURNING TO COMPLIA NCE. 7 | |
| 264 | 245 | ||
| 265 | - | (E) A COURT MAY: | |
| 246 | + | (II) NOTWITHSTANDING SUBPA RAGRAPH (I) OF THIS 8 | |
| 247 | + | PARAGRAPH , A PERSON THAT HAS STANDING UNDER § 1–902 OF THIS SUBTITLE 9 | |
| 248 | + | MEETS THE THRESHOLD STANDING REQUIREMENT S UNDER FEDERAL LAW MAY 10 | |
| 249 | + | INTERVENE IN THE A CIVIL ACTION BROUGHT BY TH E SECRETARY SECRETARY 11 | |
| 250 | + | UNDER: 12 | |
| 266 | 251 | ||
| 267 | - | (1) ORDER THE ENFORCEMENT OF A STANDARD CHALLENGED | |
| 268 | - | UNDER THIS SECTION ;; AND | |
| 252 | + | 1. TITLE 5, SUBTITLE 9 OF THIS ARTICLE; OR 13 | |
| 269 | 253 | ||
| 270 | - | (2) GRANT: | |
| 254 | + | 2. TITLE 9, SUBTITLE 3 OF THIS ARTICLE, AS PROVIDED 14 | |
| 255 | + | IN § 1–904 OF THIS SUBTITLE. 15 | |
| 271 | 256 | ||
| 272 | - | ( | |
| 257 | + | (4) NOTICE UNDER THIS SUB SECTION SHALL IDENTI FY: 16 | |
| 273 | 258 | ||
| 274 | - | (II) ANY EXCEPT AS OTHERWISE P ROVIDED BY THIS SUBT ITLE, | |
| 275 | - | ANY OTHER RELIEF PROVIDE D UNDER A STATUTE CHALLENGED UNDER THI S | |
| 276 | - | SECTION STANDARD; AND WES MOORE, Governor Ch. 535 | |
| 259 | + | (I) A STANDARD VIOLATED ; 17 | |
| 277 | 260 | ||
| 278 | - | ||
| 261 | + | (II) AN ACTIVITY CONSTITUT ING THE VIOLATION ; 18 | |
| 279 | 262 | ||
| 280 | - | (3) IMPOSE CONDITIONS ON A DEFENDANT TO REQUI RE THE | |
| 281 | - | PROTECTION OF LAND , AIR, WATER, AND OTHER NATURAL RE SOURCES OR PUBLIC | |
| 282 | - | HEALTH FROM POLLUTIO N, IMPAIRMENT, OR DESTRUCTION . | |
| 263 | + | (III) A PERSON SUSPECTED OF BEING RESPONSIBLE FO R THE 19 | |
| 264 | + | VIOLATION; 20 | |
| 283 | 265 | ||
| 284 | - | (E) (1) (F) IN AN ACTION UNDER TH IS SECTION, THE COURT MAY | |
| 285 | - | AWARD THE COSTS OF L ITIGATION TO: | |
| 266 | + | (IV) THE LOCATION OF THE V IOLATION; 21 | |
| 286 | 267 | ||
| 287 | - | ( | |
| 268 | + | (V) THE DATES OF VIOLATIO NS IF KNOWN; AND 22 | |
| 288 | 269 | ||
| 289 | - | ( | |
| 270 | + | (VI) THE NAME AND ADDRESS OF THE PERSON GIVING NOTICE. 23 | |
| 290 | 271 | ||
| 291 | - | (3) A SUBSTANTIALLY PREVAI LING DEFENDANT IF TH E PLAINTIFF’S | |
| 292 | - | CLAIM WAS FRIVOLOUS , UNREASONABLE , OR GROUNDLESS . IF THE PLAINTIFF HAS: | |
| 272 | + | (C) AN ACTION BROUGHT IN ACCORDANCE WITH THIS SECTION SHALL BE 24 | |
| 273 | + | BROUGHT IN ANY CIRCU IT COURT OF A COUNTY WHERE THE ALLEGED CONDITION, 25 | |
| 274 | + | ACTIVITY, OR FAILURE IS OCCURRING, HAS OCCURRED , OR IS LIKELY TO OCCU R IS 26 | |
| 275 | + | ALLEGED TO BE A VIOL ATION OF A STANDARD . 27 | |
| 293 | 276 | ||
| 294 | - | 1. PARTICIPATED IN AN AC TION TO ENFORCE A | |
| 295 | - | VIOLATION FOLLOWING THE ISSUANCE OF NOTICE UNDER SUBSECT ION (B) OF THIS | |
| 296 | - | SECTION; AND | |
| 277 | + | (D) BEFORE THE ENTERING OF ANY CONSENT JUDGMENT TO WHICH THE 28 | |
| 278 | + | DEPARTMENT IS NOT A P ARTY OR BEFORE THE D ISMISSAL OF ANY CASE FILED IN 29 HOUSE BILL 1101 7 | |
| 297 | 279 | ||
| 298 | - | 2. A. SUCCESSFULLY ESTABLIS HED THE LIABILITY | |
| 299 | - | OF A DEFENDANT IN FE WER THAN ALL OF THE ASSERTED CLAIMS ; OR | |
| 300 | 280 | ||
| 301 | - | B. OTHERWISE ADVANCED TH E PURPOSE OF THE | |
| 302 | - | RELEVANT STATUTES TH ROUGH THE OUTCOME OF THE ACTION BY IMPROVING | |
| 303 | - | ENVIRONMENTAL QUALIT Y, PROTECTING PUBLIC HE ALTH, OR REDUCING | |
| 304 | - | POLLUTION. | |
| 281 | + | ACCORDANCE WITH THIS SUBTITLE SUBJECT TO A SETTLEMENT AGREEME NT, THE 1 | |
| 282 | + | PLAINTIFF SHALL : 2 | |
| 305 | 283 | ||
| 306 | - | (2) IF A PARTY TO AN ACTI ON UNDER THIS SECTIO N ACTS IN BAD | |
| 307 | - | FAITH OR WITHOUT SUB STANTIAL JUSTIFICATI ON IN MAINTAINING OR DEFENDING | |
| 308 | - | THE ACTION, THE COURT MAY AWARD TO THE ADVERSE PARTY THE COSTS OF | |
| 309 | - | LITIGATION. | |
| 284 | + | (1) GIVE NOTICE AND PROVI DE A COMPLETE AND UN REDACTED COPY 3 | |
| 285 | + | OF THE PROPOSED CONS ENT JUDGMENT OR SETT LEMENT AGREEMENT TO THE 4 | |
| 286 | + | DEPARTMENT AND THE ATTORNEY GENERAL BY PERSONAL S ERVICE OR CERTIFIED 5 | |
| 287 | + | MAIL AT LEAST 45 DAYS BEFORE THE DATE THAT THE PROPOSED CO NSENT 6 | |
| 288 | + | JUDGMENT OR SETTLEME NT AGREEMENT IS FILE D WITH THE COURT; AND 7 | |
| 310 | 289 | ||
| 311 | - | ( | |
| 312 | - | ||
| 313 | - | ||
| 290 | + | (2) FILE AN AFFIDAVIT WIT H THE COURT UNDER PE NALTY OF 8 | |
| 291 | + | PERJURY INDICATING C OMPLIANCE WITH THE R EQUIREMENT UNDER ITE M (1) OF 9 | |
| 292 | + | THIS SUBSECTION . 10 | |
| 314 | 293 | ||
| 315 | - | (II) INSTEAD OF IMPOSING A CIVIL PENALTY UNDER | |
| 316 | - | SUBPARAGRAPH (I) OF THIS PARAGRAPH , A A COURT MAY ORDER APPROVE A | |
| 317 | - | CONSENT JUDGMENT OR SETTLEMENT AGREEMENT BETWEEN THE PARTIES THAT | |
| 318 | - | INCLUDES A SUPPLEMENTAL ENVIR ONMENTAL PROJECT . | |
| 294 | + | (E) A COURT MAY: 11 | |
| 319 | 295 | ||
| 320 | - | (2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , A A CIVIL | |
| 321 | - | PENALTY COLLECTED UN DER THIS SUBSECTION SHALL BE DEPOSITED I N A MANNER | |
| 322 | - | SPECIFIED BY THE STA TUTE. Ch. 535 2024 LAWS OF MARYLAND | |
| 296 | + | (1) ORDER THE ENFORCEMENT OF A STANDARD CHALLENGED 12 | |
| 297 | + | UNDER THIS SECTION ;; AND 13 | |
| 323 | 298 | ||
| 324 | - | ||
| 299 | + | (2) GRANT: 14 | |
| 325 | 300 | ||
| 326 | - | (3) IF THE ENFORCEMENT OF A STATUTORY DUTY HAS BEEN | |
| 327 | - | DELEGATED TO A LOCAL GOVERNMENT , UP TO 50% OF A CIVIL PENALTY C OLLECTED | |
| 328 | - | UNDER THIS SUBSECTIO N MAY BE AWARDED TO THE LOCAL GOVERNMENT THE | |
| 329 | - | STATE MAY NOT BE HELD LIABLE FOR CIVIL PEN ALTIES IN ANY ACTION UNDER THIS | |
| 330 | - | SUBTITLE. | |
| 301 | + | (I) TEMPORARY OR PERMANEN T EQUITABLE RELIEF ; OR 15 | |
| 331 | 302 | ||
| 332 | - | 1–904. | |
| 303 | + | (II) ANY EXCEPT AS OTHERWISE P ROVIDED BY THIS SUBT ITLE, 16 | |
| 304 | + | ANY OTHER RELIEF PROVIDE D UNDER A STATUTE CHALLENGED UNDER THI S 17 | |
| 305 | + | SECTION STANDARD; AND 18 | |
| 333 | 306 | ||
| 334 | - | (A) (1) THIS SECTION DOES NOT APPLY TO § 1–903(B)(3) OF THIS | |
| 335 | - | SUBTITLE. | |
| 307 | + | (3) IMPOSE CONDITIONS ON A DEFENDANT TO REQUIRE THE 19 | |
| 308 | + | PROTECTION OF LAND , AIR, WATER, AND OTHER NATURAL RE SOURCES OR PUBLIC 20 | |
| 309 | + | HEALTH FROM POLLUTIO N, IMPAIRMENT, OR DESTRUCTION . 21 | |
| 336 | 310 | ||
| 337 | - | (B) A SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A PERSON THAT | |
| 338 | - | HAS STANDING UNDER § 1–902 OF THIS SUBTITLE MEETS THE THRESHOLD | |
| 339 | - | STANDING REQUIREMENT S UNDER FEDERAL LAW MAY HAS THE UNCONDITIONA L | |
| 340 | - | RIGHT AND THE AUTHOR ITY TO INTERVENE AS A MATTER OF RIGHT IN AN A CIVIL | |
| 341 | - | ACTION ARISING UNDER TITLE 4, TITLE 5, TITLE 9, OR TITLE 16 OF THIS ARTICLE | |
| 342 | - | OR TITLE 1, SUBTITLE 3, TITLE 5, SUBTITLE 16, OR TITLE 8, SUBTITLE 18 OF THE | |
| 343 | - | NATURAL RESOURCES ARTICLE, UNLESS A DEFENDANT D EMONSTRATES THAT THE | |
| 344 | - | PERSON’S INTEREST IS ADEQUATELY REP RESENTED BY EXISTING PARTIES ANY | |
| 345 | - | STANDARD BROUGHT BY THE SECRETARY UNDER : | |
| 311 | + | (E) (1) (F) IN AN ACTION UNDER TH IS SECTION, THE COURT MAY 22 | |
| 312 | + | AWARD THE COSTS OF L ITIGATION TO: 23 | |
| 346 | 313 | ||
| 347 | - | (I) | |
| 314 | + | (I) (1) A PREVAILING PLAINTIFF; OR 24 | |
| 348 | 315 | ||
| 349 | - | (II) | |
| 316 | + | (II) (2) A SUBSTANTIALLY PREVAI LING PLAINTIFF; OR 25 | |
| 350 | 317 | ||
| 351 | - | (2) A PERSON SHALL EXERCIS E THE RIGHT TO INTER VENE UNDER | |
| 352 | - | PARAGRAPH (1) OF THIS SUBSECTION IN ACCORD ANCE WITH THE APPLIC ABLE | |
| 353 | - | PRACTICES, PROCEDURES , AND LAWS IN THE STATE. | |
| 318 | + | (3) A SUBSTANTIALLY PREVAI LING DEFENDANT IF TH E PLAINTIFF’S 26 | |
| 319 | + | CLAIM WAS FRIVOLOUS , UNREASONABLE , OR GROUNDLESS . IF THE PLAINTIFF HAS: 27 | |
| 354 | 320 | ||
| 355 | - | | |
| 356 | - | ||
| 357 | - | ||
| 358 | - | ||
| 321 | + | 1. PARTICIPATED IN AN AC TION TO ENFORCE A 28 | |
| 322 | + | VIOLATION FOLLOWING THE ISSUANCE OF NOTI CE UNDER SUBSECTION (B) OF THIS 29 | |
| 323 | + | SECTION; AND 30 | |
| 324 | + | 8 HOUSE BILL 1101 | |
| 359 | 325 | ||
| 360 | - | (C) (B) THE STATE MAY INTERVENE A S A MATTER OF RIGHT AT ANY TIME | |
| 361 | - | IN A ANY PROCEEDING BROUGHT U NDER THIS SUBTITLE . | |
| 362 | 326 | ||
| 363 | - | (D) NOTWITHSTANDING § 1–903(B)(3) OF THIS SUBTITLE AND SUB SECTION | |
| 364 | - | (A) OF THIS SECTION , A COURT MAY GRANT IN TERVENTION ON MOTION BY ANY | |
| 365 | - | PARTY. | |
| 327 | + | 2. A. SUCCESSFULLY ESTABLIS HED THE LIABILITY 1 | |
| 328 | + | OF A DEFENDANT IN FE WER THAN ALL OF THE ASSERTED CLAIMS ; OR 2 | |
| 366 | 329 | ||
| 367 | - | 1–905. WES MOORE, Governor Ch. 535 | |
| 330 | + | B. OTHERWISE ADVANCED TH E PURPOSE OF THE 3 | |
| 331 | + | RELEVANT STATUTES THROUGH THE OUTCOME OF THE ACTIO N BY IMPROVING 4 | |
| 332 | + | ENVIRONMENTAL QUALIT Y, PROTECTING PUBLIC HE ALTH, OR REDUCING 5 | |
| 333 | + | POLLUTION. 6 | |
| 368 | 334 | ||
| 369 | - | – 9 – | |
| 335 | + | (2) IF A PARTY TO AN ACTI ON UNDER THIS SECTIO N ACTS IN BAD 7 | |
| 336 | + | FAITH OR WITHOUT SUB STANTIAL JUSTIFICATI ON IN MAINTAINING OR DEFENDING 8 | |
| 337 | + | THE ACTION, THE COURT MAY AWARD TO THE ADVERSE PARTY THE COSTS OF 9 | |
| 338 | + | LITIGATION. 10 | |
| 370 | 339 | ||
| 371 | - | THE PROVISIONS OF THI S SUBTITLE SUPERSEDE ANY INCONSISTENT | |
| 372 | - | PROVISION OF ANY STATE, COUNTY, OR MUNICIPAL LAW , ORDINANCE, OR | |
| 373 | - | REGULATION AND ANY JUDICIAL INTERPRETAT ION TO THE EXTENT OF THE | |
| 374 | - | INCONSISTENCY . | |
| 340 | + | (F) (G) (1) (I) A EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS 11 | |
| 341 | + | SUBSECTION, A COURT MAY IMPOSE A C IVIL PENALTY AUTHORI ZED IN ACCORDANCE 12 | |
| 342 | + | WITH THE STATUTE UND ER WHICH AN ACTIO N IS BROUGHT UNDER T HIS SECTION. 13 | |
| 375 | 343 | ||
| 376 | - | [9–344.1. | |
| 344 | + | (II) INSTEAD OF IMPOSING A CIVIL PENALTY UNDER 14 | |
| 345 | + | SUBPARAGRAPH (I) OF THIS PARAGRAPH , A A COURT MAY ORDER APPROVE A 15 | |
| 346 | + | CONSENT JUDGMENT OR SETTLEMENT AGREEMENT BETWEEN THE PARTIES THAT 16 | |
| 347 | + | INCLUDES A SUPPLEMENTAL ENVIR ONMENTAL PROJECT. 17 | |
| 377 | 348 | ||
| 378 | - | (a) Subject to subsection (b) of this section, a person who meets the threshold | |
| 379 | - | standing requirements under the federal Clean Water Act has an unconditional right and | |
| 380 | - | the authority to intervene in a civil action that the State initiates in State court to require | |
| 381 | - | compliance with: | |
| 349 | + | (2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , A A CIVIL 18 | |
| 350 | + | PENALTY COLLECTED UN DER THIS SUBSECTION SHALL BE DEPOSITED I N A MANNER 19 | |
| 351 | + | SPECIFIED BY THE STA TUTE. 20 | |
| 382 | 352 | ||
| 383 | - | (1) This subtitle; | |
| 353 | + | (3) IF THE ENFORCEMENT OF A STATUTORY DUTY HAS BEEN 21 | |
| 354 | + | DELEGATED TO A LOCAL GOVERNMENT , UP TO 50% OF A CIVIL PENALTY C OLLECTED 22 | |
| 355 | + | UNDER THIS SUBSECTIO N MAY BE AWARDED TO THE LOCAL GOVERNMENT THE 23 | |
| 356 | + | STATE MAY NOT BE HELD LIABLE FOR CIVIL PEN ALTIES IN ANY ACTION UNDER THIS 24 | |
| 357 | + | SUBTITLE. 25 | |
| 384 | 358 | ||
| 385 | - | (2) Regulations adopted by the Department in accordance with this | |
| 386 | - | subtitle; or | |
| 359 | + | 1–904. 26 | |
| 387 | 360 | ||
| 388 | - | (3) | |
| 389 | - | ||
| 361 | + | (A) (1) THIS SECTION DOES NOT APPLY TO § 1–903(B)(3) OF THIS 27 | |
| 362 | + | SUBTITLE. 28 | |
| 390 | 363 | ||
| 391 | - | (b) A person shall exercise the right to intervene under subsection (a) of this | |
| 392 | - | section in accordance with the applicable practices, procedures, and laws in the State. | |
| 364 | + | (B) A SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A PERSON THAT 29 | |
| 365 | + | HAS STANDING UNDER § 1–902 OF THIS SUBTITLE MEETS THE THRESHOLD 30 | |
| 366 | + | STANDING REQUIREMENT S UNDER FEDERAL LAW MAY HAS THE UNCONDITIONA L 31 | |
| 367 | + | RIGHT AND THE AUTHOR ITY TO INTERVENE AS A MATTER OF RIGHT IN AN A CIVIL 32 | |
| 368 | + | ACTION ARISING UNDER TITLE 4, TITLE 5, TITLE 9, OR TITLE 16 OF THIS ARTICLE 33 | |
| 369 | + | OR TITLE 1, SUBTITLE 3, TITLE 5, SUBTITLE 16, OR TITLE 8, SUBTITLE 18 OF THE 34 | |
| 370 | + | NATURAL RESOURCES ARTICLE, UNLESS A DEFENDANT D EMONSTRATES THAT THE 35 HOUSE BILL 1101 9 | |
| 393 | 371 | ||
| 394 | - | (c) A person who meets the requirements to intervene under subsection (a) of this | |
| 395 | - | section has the same rights as an interested person or aggrieved party under the federal | |
| 396 | - | Clean Water Act, including the right to apply for judicial appeal.] | |
| 397 | 372 | ||
| 398 | - | SECTION 2. AND BE IT FURTHER ENAC TED, That, if any provision of this Act or | |
| 399 | - | the application thereof to any person or circumstance is held invalid for any reason in a | |
| 400 | - | court of competent jurisdiction, the invalidity does not affect other provisions or any other | |
| 401 | - | application of this Act that can be given effect without the invalid provision or application, | |
| 402 | - | and for this purpose the provisions of this Act are declared severable. | |
| 373 | + | PERSON’S INTEREST IS ADEQUATELY REPRESENT ED BY EXISTING PARTI ES ANY 1 | |
| 374 | + | STANDARD BROUGHT BY THE SECRETARY UNDER : 2 | |
| 403 | 375 | ||
| 404 | - | SECTION 3. AND BE IT FURTHER ENACTED, That it is the intent of the General | |
| 405 | - | Assembly that this Act: | |
| 376 | + | (I) TITLE 5, SUBTITLE 9 OF THIS ARTICLE; OR 3 | |
| 406 | 377 | ||
| 407 | - | (1) provide certain remedies to abate the pollution, destruction, or | |
| 408 | - | substantial or unreasonable impairment to the public health, water quality, or any other | |
| 409 | - | natural resource of the State; | |
| 378 | + | (II) TITLE 9, SUBTITLE 3 OF THIS ARTICLE. 4 | |
| 410 | 379 | ||
| 411 | - | (2) may not abridge or alter any right of action or remedies that exist under | |
| 412 | - | law; and | |
| 380 | + | (2) A PERSON SHALL EXERCIS E THE RIGHT TO INTER VENE UNDER 5 | |
| 381 | + | PARAGRAPH (1) OF THIS SUBSECTION I N ACCORDANCE WITH TH E APPLICABLE 6 | |
| 382 | + | PRACTICES, PROCEDURES , AND LAWS IN THE STATE. 7 | |
| 413 | 383 | ||
| 414 | - | (3) may not be construed as stopping or limiting the State or any person in | |
| 415 | - | the exercise of the right to: Ch. 535 2024 LAWS OF MARYLAND | |
| 384 | + | (3) A PERSON THAT HAS STAN DING TO INTERVENE UN DER § 1–902 OF 8 | |
| 385 | + | THIS SUBTITLE PARAGRAPH (1) OF THIS SUBSECTION HAS THE SAME RIGHTS AS AN 9 | |
| 386 | + | INTERESTED PERSON OR AGGRIEVED PARTY UNDE R THE FEDERAL CLEAN WATER 10 | |
| 387 | + | ACT. 11 | |
| 416 | 388 | ||
| 417 | - | – 10 – | |
| 389 | + | (C) (B) THE STATE MAY INTERVENE A S A MATTER OF RIGHT AT ANY TIME 12 | |
| 390 | + | IN A ANY PROCEEDING BROUGHT U NDER THIS SUBTITLE . 13 | |
| 418 | 391 | ||
| 419 | - | (i) protect the natural resources of the State; | |
| 392 | + | (D) NOTWITHSTANDING § 1–903(B)(3) OF THIS SUBTITLE AND SUB SECTION 14 | |
| 393 | + | (A) OF THIS SECTION , A COURT MAY GRANT IN TERVENTION ON MOTION BY ANY 15 | |
| 394 | + | PARTY. 16 | |
| 420 | 395 | ||
| 421 | - | ||
| 396 | + | 1–905. 17 | |
| 422 | 397 | ||
| 423 | - | (iii) abate pollution. | |
| 398 | + | THE PROVISIONS OF THI S SUBTITLE SUPERSEDE ANY INCONSISTENT 18 | |
| 399 | + | PROVISION OF ANY STATE, COUNTY, OR MUNICIPAL LAW , ORDINANCE, OR 19 | |
| 400 | + | REGULATION AND ANY JUDICIAL INTERPRETAT ION TO THE EXTENT OF THE 20 | |
| 401 | + | INCONSISTENCY . 21 | |
| 424 | 402 | ||
| 425 | - | SECTION 4. AND BE IT FU RTHER ENACTED, That this Act shall take effect | |
| 426 | - | October 1, 2024. | |
| 403 | + | [9–344.1. 22 | |
| 427 | 404 | ||
| 428 | - | Approved by the Governor, May 9, 2024. | |
| 405 | + | (a) Subject to subsection (b) of this section, a person who meets the threshold 23 | |
| 406 | + | standing requirements under the federal Clean Water Act has an unconditional right and 24 | |
| 407 | + | the authority to intervene in a civil action that the State initiates in State court to require 25 | |
| 408 | + | compliance with: 26 | |
| 409 | + | ||
| 410 | + | (1) This subtitle; 27 | |
| 411 | + | ||
| 412 | + | (2) Regulations adopted by the Department in accordance with this 28 | |
| 413 | + | subtitle; or 29 | |
| 414 | + | ||
| 415 | + | (3) Any discharge permit, effluent limitation, or order issued by the 30 | |
| 416 | + | Department in accordance with this subtitle. 31 | |
| 417 | + | 10 HOUSE BILL 1101 | |
| 418 | + | ||
| 419 | + | ||
| 420 | + | (b) A person shall exercise the right to intervene under subsection (a) of this 1 | |
| 421 | + | section in accordance with the applicable practices, procedures, and laws in the State. 2 | |
| 422 | + | ||
| 423 | + | (c) A person who meets the requirements to intervene under subsection (a) of this 3 | |
| 424 | + | section has the same rights as an interested person or aggrieved party under the federal 4 | |
| 425 | + | Clean Water Act, including the right to apply for judicial appeal.] 5 | |
| 426 | + | ||
| 427 | + | SECTION 2. AND BE IT FURTHER ENAC TED, That, if any provision of this Act or 6 | |
| 428 | + | the application thereof to any person or circumstance is held invalid for any reason in a 7 | |
| 429 | + | court of competent jurisdiction, the invalidity does not affect other provisions or any other 8 | |
| 430 | + | application of this Act that can be given effect without the invalid provision or application, 9 | |
| 431 | + | and for this purpose the provisions of this Act are declared severable. 10 | |
| 432 | + | ||
| 433 | + | SECTION 3. AND BE IT FURTHER ENACTED, That it is the intent of the General 11 | |
| 434 | + | Assembly that this Act: 12 | |
| 435 | + | ||
| 436 | + | (1) provide certain remedies to abate the pollution, destruction, or 13 | |
| 437 | + | substantial or unreasonable impairment to the public health, water quality, or any other 14 | |
| 438 | + | natural resource of the State; 15 | |
| 439 | + | ||
| 440 | + | (2) may not abridge or alter any right of action or remedies that exist under 16 | |
| 441 | + | law; and 17 | |
| 442 | + | ||
| 443 | + | (3) may not be construed as stopping or limiting the State or any person in 18 | |
| 444 | + | the exercise of the right to: 19 | |
| 445 | + | ||
| 446 | + | (i) protect the natural resources of the State; 20 | |
| 447 | + | ||
| 448 | + | (ii) suppress nuisances; or 21 | |
| 449 | + | ||
| 450 | + | (iii) abate pollution. 22 | |
| 451 | + | ||
| 452 | + | SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 23 | |
| 453 | + | October 1, 2024. 24 | |
| 454 | + | ||
| 455 | + | ||
| 456 | + | ||
| 457 | + | Approved: | |
| 458 | + | ________________________________________________________________________________ | |
| 459 | + | Governor. | |
| 460 | + | ________________________________________________________________________________ | |
| 461 | + | Speaker of the House of Delegates. | |
| 462 | + | ________________________________________________________________________________ | |
| 463 | + | President of the Senate. |