This Page Will be Running Soon.
Please check back.
M3 5lr0714
CF 5lr0715
____________________________________________________________________________________
By:
Delegates Rosenberg, Aumann, Bobo, Carter, V. Clagett, Oaks, and
Trueschler
Introduced and read first time: February 11, 2005
Assigned to: Environmental Matters
_____________________________________________________________________________________
A BILL ENTITLED
1 AN ACT concerning
2
Environment - Construction on Golf Course Property - Soil Samples
3 FOR the purpose of prohibiting a person from beginning or performing construction
4 on certain golf course property unless the person engages a certain consultant
5 for the taking of certain soil samples; requiring the consultant to take a certain
6 number of soil samples from certain locations; requiring certain testing of the
7 samples; requiring the consultant to make certain information available to
8 certain community associations; requiring a certain consultant to perform a
9 site-specific risk assessment under certain circumstances; and generally
10 relating to certain soil samples from certain golf course property.
11 BY repealing and reenacting, with amendments,
12 Article - Environment
13 Section 4-105
14 Annotated Code of Maryland
15 (1996 Replacement Volume and 2004 Supplement)
16 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
17 MARYLAND, That the Laws of Maryland read as follows:
18
Article - Environment
19 4-105.
20 (a) (1) (i) In this section "construction" means land clearing, grubbing,
21 topsoil stripping, soil movement, grading, cutting and filling, transporting, or
22 otherwise disturbing land for any purpose.
23 (ii) "Construction" includes land disturbing activities for the
24 purpose of:
25 1. Constructing buildings;
26 2. Mining minerals;
2 UNOFFICIAL COPY OF HOUSE BILL 1203
1 3. Developing golf courses; and
2 4. Constructing roads and installing utilities.
3 (2) (i) Before any person begins any construction, the appropriate
4 approval authority shall first receive, review, and approve the proposed earth change
5 and the sediment control plan.
6 (ii) Except as provided in subsection (b) of this section, the approval
7 authority is:
8 1. The appropriate soil conservation district;
9 2. A municipal corporation in Montgomery County that is
10 designated by a soil conservation district under paragraph (6) of this subsection;
11 3. Any municipality not within a soil conservation district;
12 4. If a State or federal unit undertakes any construction, the
13 Department; or
14 5. For abandoned mine reclamation projects conducted by
15 the Department of Natural Resources pursuant to Title 15, Subtitles 5, 6, and 11 of
16 this article, the Department of Natural Resources.
17 (iii) Criteria used by the Department of Natural Resources for
18 review and approvals under subparagraph (ii)4 of this paragraph:
19 1. Shall meet or exceed current Maryland standards and
20 specifications for soil erosion and sediment control; or
21 2. If alternative standards are applied, shall be reviewed and
22 approved by the Department.
23 (3) A person may not begin or perform any construction unless the
24 person:
25 (i) Obtains an approved sediment control plan;
26 (ii) Implements the measures contained in the approved sediment
27 control plan;
28 (iii) Conducts the construction as specified in the sequence of
29 construction contained in the approved sediment control plan;
30 (iv) Maintains the provisions of the approved sediment control plan;
31 and
32 (v) Implements any sediment control measures reasonably
33 necessary to control sediment runoff.
3 UNOFFICIAL COPY OF HOUSE BILL 1203
1 (4) (I) IN ADDITION TO THE REQUIREMENTS UNDER PARAGRAPH (3)
2 OF THIS SUBSECTION, A PERSON MAY NOT BEGIN OR PERFORM ANY CONSTRUCTION
3 ON A PROPERTY THAT HAS BEEN PREVIOUSLY UTILIZED AS A GOLF COURSE UNLESS
4 THE PERSON ENGAGES AN INDEPENDENT ENVIRONMENTAL CONSULTANT, TO BE
5 CHOSEN JOINTLY BY THE PERSON AND ANY COMMUNITY ASSOCIATION AFFECTED
6 BY THE CONSTRUCTION, FOR THE TAKING OF SOIL SAMPLES IN ACCORDANCE WITH
7 THE REQUIREMENTS OF SUBPARAGRAPH (II) THROUGH (IV) OF THIS PARAGRAPH.
8 (II) THE INDEPENDENT ENVIRONMENTAL CONSULTANT SHALL
9 TAKE A TOTAL OF AT LEAST 10 SOIL SAMPLES FROM THE PROPERTY, EACH AT A
10 DEPTH OF AT LEAST 4 FEET, FROM THE FOLLOWING LOCATIONS:
11 1. TWO FROM THE GREENS;
12 2. TWO FROM THE PESTICIDE OR HERBICIDE STORAGE
13 AREA;
14 3. ONE FROM A WOODED AREA; AND
15 4. THE REMAINDER FROM RANDOM LOCATIONS ON THE
16 PROPERTY.
17 (III) 1. EACH SAMPLE SHALL BE TESTED FOR ARSENIC, LEAD,
18 CADMIUM, MERCURY, CHLORDANE, AND DDT.
19 2. AT LEAST ONE OF THE 10 SAMPLES SHALL BE
20 DUPLICATED, AS APPROPRIATE, TO CONFIRM LABORATORY RESULTS.
21 (IV) THE INDEPENDENT ENVIRONMENTAL CONSULTANT SHALL
22 MAKE AVAILABLE TO ANY COMMUNITY ASSOCIATION AFFECTED BY THE
23 CONSTRUCTION THE RESULTS OF ALL SAMPLES, INCLUDING A PROJECTED
24 ENVIRONMENTAL IMPACT FOR EACH SUBSTANCE UNDER SUBPARAGRAPH (III)1 OF
25 THIS PARAGRAPH THAT IS FOUND.
26 (V) IF A DETRIMENTAL PUBLIC HEALTH OR ENVIRONMENTAL
27 IMPACT IS PROJECTED FOR ANY SUBSTANCE FOUND, THE PERSON SHALL ENGAGE
28 AN INDEPENDENT ENVIRONMENTAL CONSULTANT, TO BE CHOSEN JOINTLY BY THE
29 PERSON AND ANY COMMUNITY ASSOCIATION AFFECTED BY THE CONSTRUCTION, TO
30 PERFORM A SITE-SPECIFIC RISK ASSESSMENT.
31 [(4)] (5) In consultation with the person responsible for performing the
32 construction, the Department, jurisdictions delegated enforcement authority under §
33 4-103(e)(2) of this subtitle, or the appropriate approval agency may require
34 modifications to an approved sediment control plan if the approved plan is not
35 adequate to control sediment or erosion.
36 [(5)] (6) A person performing construction that proposes a major change
37 to an approved sediment control plan shall submit the proposed change to the
38 appropriate approval authority for review and approval.
4 UNOFFICIAL COPY OF HOUSE BILL 1203
1 [(6)] (7) A soil conservation district may delegate approval authority
2 under paragraph (2) of this subsection to a municipal corporation in Montgomery
3 County that:
4 (i) Has its own sediment control review provisions that are at least
5 as stringent as the provisions of the grading and sediment control plan of the soil
6 conservation district;
7 (ii) Issues sediment control permits; and
8 (iii) Meets the necessary performance standards established by
9 written agreement between the district and the municipal corporation.
10 (b) In Montgomery County, notwithstanding the provisions of subsection (c) of
11 this section and § 4-103(a)(1) of this subtitle, the soil conservation district may
12 delegate the authority to review and approve or reject any sediment control plans for
13 nonagricultural construction to the Montgomery County government by written
14 agreement between the district and the county government department authorized by
15 county law or regulation to perform those functions.
16 (c) In Prince George's and Montgomery counties, the Washington Suburban
17 Sanitary Commission, after consultation with and advice of the soil conservation
18 districts of the two counties and the Department of the Environment, shall prepare
19 and adopt rules and regulations for erosion and sediment control requirements for
20 utility construction work. The rules and regulations shall be adopted and enforced as
21 are others of the Commission under authority conferred by other laws. These rules
22 and regulations apply to any utility construction work in Prince George's and
23 Montgomery counties. The provisions of this subsection do not apply until the soil
24 conservation district in each county approves erosion and sediment control
25 requirements for utility construction work in that county.
26 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
27 June 1, 2005.
UNOFFICIAL COPY OF HOUSE BILL 612
M3 5lr0191
____________________________________________________________________________________
By:
Chairman, Environmental Matters Committee (By Request -
Departmental - Environment)
Introduced and read first time: February 4, 2005
Assigned to: Environmental Matters
_____________________________________________________________________________________
A BILL ENTITLED
1 AN ACT concerning
2
Environment - Water Appropriation Permits - Penalties
3 FOR the purpose of altering permit requirements relating to the appropriation and
4 use of State groundwater; exempting from permit requirements certain users
5 that appropriate or use groundwater below a certain quantity; authorizing the
6 Department of the Environment to seek civil penalties and impose
7 administrative penalties for certain violations relating to the misappropriation
8 or misuse of State groundwater or otherwise failing to comply with a water
9 appropriation and use permit; providing for the issuance of orders or notices of
10 violations and providing for certain hearings relating to orders and
11 administrative penalties; increasing certain criminal penalties and eliminating
12 a certain cap on criminal penalties; requiring certain funds to be paid into the
13 Maryland Clean Water Fund; altering the uses of the Maryland Clean Water
14 Fund; defining a certain term; and generally relating to water appropriation
15 permits.
16 BY repealing and reenacting, with amendments,
17 Article - Environment
18 Section 5-101, 5-502, 5-514, and 9-320
19 Annotated Code of Maryland
20 (1996 Replacement Volume and 2004 Supplement)
21 BY adding to
22 Article - Environment
23 Section 5-515 and 5-516
24 Annotated Code of Maryland
25 (1996 Replacement Volume and 2004 Supplement)
26 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
27 MARYLAND, That the Laws of Maryland read as follows:
2 UNOFFICIAL COPY OF HOUSE BILL 612
1
Article - Environment
2 5-101.
3 (a) In this title the following words have the meanings indicated.
4 (b) "Administration" means Water Management Administration.
5 (c) "Appropriate county governing body" means the county commissioners of
6 any nonchartered county or the county council of any chartered county in which a
7 portion of the watershed is located.
8 (d) "County" includes Baltimore City unless otherwise indicated.
9 (e) "Department" means Department of the Environment.
10 (f) "Director" means Director of the Water Management Administration.
11 (g) "Person" includes the federal government, the State, any county, municipal
12 corporation, or other political subdivision of the State, or any of their units, or an
13 individual, receiver, trustee, guardian, executor, administrator, fiduciary, or
14 representative of any kind, or any partnership, firm, association, public or private
15 corporation, or any other entity.
16 (h) (1) "Pollution" means every contamination or other alteration of the
17 physical, chemical, or biological properties, of any waters of the State.
18 (2) "Pollution" includes change in temperature, taste, color, turbidity, or
19 odor of the waters of the State or the discharge or deposit of any organic matter,
20 harmful organism, or liquid, gaseous, solid, radioactive, or other substance into any
21 waters of the State as will render the waters of the State harmful, detrimental, or
22 injurious to public health, safety, or welfare, domestic, commercial, industrial,
23 agricultural, recreational, other legitimate beneficial uses, or livestock, wild animals,
24 birds or fish or other aquatic life.
25 (I) "PUBLIC WATER SYSTEM" HAS THE MEANING STATED IN § 9-401 OF THIS
26 ARTICLE.
27 [(i)] (J) "Secretary" means Secretary of the Department of the Environment.
28 (K) "WATER MANAGEMENT STRATEGY AREA" MEANS AN AREA DESIGNATED
29 BY THE DEPARTMENT IN WHICH A SPECIFIC WATER RESOURCE PROBLEM HAS BEEN
30 IDENTIFIED AND FOR WHICH THE DEPARTMENT HAS ADOPTED SPECIFIC WATER USE
31 RESTRICTIONS OR CRITERIA FOR PERMIT APPROVAL IN ORDER TO PROTECT THE
32 WATER RESOURCE OR EXISTING WATER USERS.
33 [(j)] (L) "Waters of the State" includes:
34 (1) Both surface and underground waters within the boundaries of the
35 State subject to its jurisdiction;
3 UNOFFICIAL COPY OF HOUSE BILL 612
1 (2) That portion of the Atlantic Ocean within the boundaries of the State;
2 (3) The Chesapeake Bay and its tributaries;
3 (4) All ponds, lakes, rivers, streams, public ditches, tax ditches, and
4 public drainage systems within the State, other than those designed and used to
5 collect, convey, or dispose of sanitary sewage; and
6 (5) The floodplain of free-flowing waters determined by the Department
7 on the basis of the 100-year flood frequency.
8 5-502.
9 (a) Every person is required to obtain a permit from the Department to
10 appropriate or use or begin to construct any plant, building, or structure which may
11 appropriate or use any waters of the State, whether surface water or groundwater.
12 The permit is obtained upon written application to the Department. The applicant
13 shall provide the Department with satisfactory proof that the proposed withdrawal of
14 water will not jeopardize the State's natural resources.
15 (b) This section does not apply to [use of water for]:
16 (1) [Domestic] OF WATER FOR DOMESTIC purposes other than for
17 heating and cooling; [or]
18 (2) [Agricultural] USE OF WATER FOR AGRICULTURAL purposes, if the
19 average annual water use is less than 10,000 gallons per day, except as provided in
20 subsection (c)(2) of this section; OR
21 (3) USE OF GROUNDWATER AT AN AVERAGE ANNUAL WATER USE OF
22 5,000 GALLONS OF WATER PER DAY OR LESS, PROVIDED THAT:
23 (I) 1. THE USE IS NOT FOR A PUBLIC WATER SYSTEM THAT:
24 A. SERVES AT LEAST 15 SERVICE CONNECTIONS USED BY
25 YEAR-ROUND RESIDENTS OF THE AREA SERVED BY THE SYSTEM; OR
26 B. REGULARLY SERVES AT LEAST 25 YEAR-ROUND
27 RESIDENTS; OR
28 2. THE USE WILL NOT OCCUR WITHIN A WATER
29 MANAGEMENT STRATEGY AREA ESTABLISHED BY THE DEPARTMENT; AND
30 (II) THE USER FILES A NOTICE OF EXEMPTION WITH THE
31 DEPARTMENT AT LEAST 30 DAYS BEFORE THE USE IS PROPOSED TO BEGIN.
32 (c) (1) The Department shall issue a permit to a person using water prior to
33 July 1, 1988 for agricultural purposes upon written application to the Department.
4 UNOFFICIAL COPY OF HOUSE BILL 612
1 (2) A person using less than an annual average of 10,000 gallons of water
2 per day for agricultural purposes may apply for a permit to appropriate or use waters
3 of the State.
4 (d) When the Department determines that a water supply emergency exists
5 and available water supplies are inadequate in an area to meet the needs of all
6 persons who have permits under this subtitle, the following uses shall have priority
7 for appropriation or use of water in the order listed:
8 (1) Domestic and municipal uses for sanitation, drinking water, and
9 public health and safety;
10 (2) Agricultural uses, including the processing of agricultural products;
11 and
12 (3) All other uses.
13 (e) Notwithstanding any other provision of this subtitle, an application for a
14 certificate of public convenience and necessity associated with power plant
15 construction which involves use or diversion of waters of the State made to the Public
16 Service Commission under the Public Utility Companies Article constitutes an
17 application for the permit required by this section, and the provisions of § 3-306 of
18 the Natural Resources Article apply. If an application is made to the Public Service
19 Commission, the hearing provided for by this subtitle is not required. All evidence
20 relevant to the purposes of this subtitle shall be presented at the hearing held by the
21 Public Service Commission, as required by § 7-207 of the Public Utility Companies
22 Article. The permit required by this subtitle is included in the certificate of public
23 convenience and necessity issued by the Public Service Commission.
24 5-514.
25 (A) (1) IN ADDITION TO BEING SUBJECT TO AN INJUNCTIVE ACTION UNDER
26 THIS SUBTITLE, A PERSON WHO VIOLATES ANY PROVISION OF THIS SUBTITLE
27 RELATING TO WATER APPROPRIATION AND USE OR OF ANY RULE, REGULATION,
28 ORDER, OR PERMIT ADOPTED OR ISSUED UNDER ANY SUCH PROVISION IS LIABLE TO
29 A CIVIL PENALTY NOT EXCEEDING $5,000 PER VIOLATION TO BE COLLECTED IN A
30 CIVIL ACTION BROUGHT BY THE DEPARTMENT.
31 (2) EACH DAY A VIOLATION OCCURS OR CONTINUES IS A SEPARATE
32 VIOLATION UNDER THIS SUBSECTION.
33 (B) A person who violates or causes an act which violates a provision of this
34 subtitle or a regulation adopted under this subtitle or who violates or fails to comply
35 with a permit or an order of the Department when due notice is given is guilty of a
36 misdemeanor. Upon conviction the violator is subject to a fine not exceeding [$500]
37 $5,000 per day for each day of the offense, [and not to exceed a total fine of $25,000,]
38 with costs imposed in the discretion of the court.
39 (C) (1) IN ADDITION TO ANY OTHER REMEDIES AVAILABLE AT LAW OR IN
40 EQUITY AND AFTER AN OPPORTUNITY FOR A HEARING THAT MAY BE WAIVED IN
5 UNOFFICIAL COPY OF HOUSE BILL 612
1 WRITING BY THE PERSON ACCUSED OF A VIOLATION, THE DEPARTMENT MAY
2 IMPOSE A PENALTY FOR VIOLATION OF ANY PROVISION OF THIS SUBTITLE RELATING
3 TO WATER APPROPRIATION AND USE OR ANY RULE, REGULATION, ORDER, OR PERMIT
4 ADOPTED OR ISSUED UNDER ANY SUCH PROVISION.
5 (2) THE PENALTY IMPOSED ON A PERSON UNDER THIS SUBSECTION
6 SHALL BE:
7 (I) UP TO $1,000 FOR EACH VIOLATION, BUT NOT EXCEEDING
8 $50,000 TOTAL; AND
9 (II) ASSESSED WITH CONSIDERATION GIVEN TO:
10 1. THE WILLFULNESS OF THE VIOLATOR TO COMMIT THE
11 VIOLATION, THE EXTENT TO WHICH THE EXISTENCE OF THE VIOLATION WAS
12 KNOWN TO BUT UNCORRECTED BY THE VIOLATOR, AND THE EXTENT TO WHICH THE
13 VIOLATOR EXERCISED REASONABLE CARE;
14 2. ANY ACTUAL HARM TO THE ENVIRONMENT OR TO HUMAN
15 HEALTH, INCLUDING INJURY TO OR IMPAIRMENT OF THE USE OF THE WATERS OF
16 THE STATE OR THE NATURAL RESOURCES OF THE STATE;
17 3. THE NATURE AND DEGREE OF INJURY TO OR
18 INTERFERENCE WITH GENERAL WELFARE, HEALTH, AND PROPERTY;
19 4. THE EXTENT TO WHICH THE LOCATION OF THE
20 VIOLATION, INCLUDING ANY LOCATION NEAR WATERS OF THE STATE OR AREAS OF
21 HUMAN POPULATION, CREATES THE POTENTIAL FOR HARM TO THE ENVIRONMENT
22 OR TO HUMAN HEALTH OR SAFETY;
23 5. THE AVAILABLE TECHNOLOGY AND ECONOMIC
24 REASONABLENESS OF CONTROLLING, REDUCING, OR ELIMINATING THE VIOLATION;
25 AND
26 6. THE EXTENT TO WHICH THE CURRENT VIOLATION IS
27 PART OF A RECURRENT PATTERN OF THE SAME OR SIMILAR TYPE OF VIOLATION
28 COMMITTED BY THE VIOLATOR.
29 (3) EACH DAY A VIOLATION OCCURS OR CONTINUES IS A SEPARATE
30 VIOLATION UNDER THIS SUBSECTION.
31 (4) ANY PENALTY IMPOSED UNDER THIS SUBSECTION IS PAYABLE TO
32 THE STATE AND COLLECTABLE IN ANY MANNER PROVIDED AT LAW FOR THE
33 COLLECTION OF DEBTS.
34 (D) ALL FUNDS COLLECTED BY THE DEPARTMENT UNDER THIS SECTION,
35 INCLUDING ANY CIVIL OR ADMINISTRATIVE PENALTY OR ANY FINE IMPOSED BY A
36 COURT UNDER THE PROVISIONS OF THIS SECTION, SHALL BE PAID INTO THE
37 MARYLAND CLEAN WATER FUND.
6 UNOFFICIAL COPY OF HOUSE BILL 612
1 5-515.
2 (A) AFTER OR CONCURRENTLY WITH THE SERVICE OF A COMPLAINT UNDER
3 THIS SUBTITLE RELATING TO WATER APPROPRIATION AND USE, THE DEPARTMENT
4 MAY:
5 (1) ISSUE AN ORDER THAT REQUIRES THE PERSON TO WHOM THE
6 ORDER IS DIRECTED TO TAKE CORRECTIVE ACTION WITHIN A TIME SET IN THE
7 ORDER;
8 (2) SEND A WRITTEN NOTICE THAT REQUIRES THE PERSON TO WHOM
9 THE NOTICE IS DIRECTED TO FILE A WRITTEN REPORT ABOUT THE ALLEGED
10 VIOLATION; OR
11 (3) SEND A WRITTEN NOTICE THAT REQUIRES THE PERSON TO WHOM
12 THE NOTICE IS DIRECTED:
13 (I) TO APPEAR AT A HEARING BEFORE THE DEPARTMENT AT A
14 TIME AND PLACE THE DEPARTMENT SETS TO ANSWER THE CHARGES IN THE
15 COMPLAINT; OR
16 (II) TO FILE A WRITTEN REPORT AND ALSO APPEAR AT A HEARING
17 BEFORE THE DEPARTMENT AT A TIME AND PLACE THE DEPARTMENT SETS TO
18 ANSWER THE CHARGES IN THE COMPLAINT.
19 (B) ANY ORDER ISSUED UNDER THIS SECTION IS EFFECTIVE IMMEDIATELY,
20 ACCORDING TO ITS TERMS, WHEN IT IS SERVED.
21 5-516.
22 (A) THE DEPARTMENT SHALL GIVE NOTICE AND HOLD ANY HEARING
23 RELATED TO ORDERS AND PENALTIES IMPOSED UNDER THE WATER APPROPRIATION
24 AND USE PROVISIONS OF THIS SUBTITLE IN ACCORDANCE WITH THE
25 ADMINISTRATIVE PROCEDURE ACT.
26 (B) (1) WITHIN 10 DAYS AFTER BEING SERVED WITH AN ORDER UNDER §
27 5-515(A)(1) OF THIS SUBTITLE, THE PERSON SERVED MAY REQUEST IN WRITING A
28 HEARING BEFORE THE DEPARTMENT.
29 (2) (I) IF A REQUEST FOR A HEARING ON AN ORDER IS MADE UNDER
30 THIS SUBSECTION, THE DEPARTMENT SHALL:
31 1. HOLD THE HEARING PROMPTLY AFTER RECEIVING THE
32 REQUEST; AND
33 2. RENDER A DECISION PROMPTLY AFTER THE HEARING.
34 (II) IF A REQUEST FOR A HEARING ON AN ORDER IS MADE UNDER
35 THIS SUBSECTION AND THE DEPARTMENT ALLEGES IN THE ORDER THAT THERE IS
7 UNOFFICIAL COPY OF HOUSE BILL 612
1 AN IMMINENT THREAT OR DANGER TO THE PUBLIC HEALTH OR SAFETY OR TO THE
2 ENVIRONMENT, THE DEPARTMENT SHALL:
3 1. HOLD THE HEARING WITHIN 10 DAYS AFTER RECEIVING
4 THE REQUEST; AND
5 2. RENDER A DECISION WITHIN 10 DAYS AFTER THE
6 HEARING.
7 (C) WITHIN 10 DAYS AFTER BEING SERVED WITH A NOTICE UNDER §
8 5-515(A)(2) OF THIS SUBTITLE, THE PERSON SERVED MAY REQUEST IN WRITING A
9 HEARING BEFORE THE DEPARTMENT.
10 (D) THE DEPARTMENT MAY MAKE A VERBATIM RECORD OF THE
11 PROCEEDINGS OF ANY HEARING HELD UNDER THIS SUBTITLE.
12 (E) (1) IN CONNECTION WITH ANY HEARING UNDER THIS SUBTITLE, THE
13 DEPARTMENT MAY:
14 (I) SUBPOENA ANY PERSON OR EVIDENCE; AND
15 (II) ORDER A WITNESS TO GIVE EVIDENCE.
16 (2) A SUBPOENAED WITNESS SHALL RECEIVE THE SAME FEES AND
17 MILEAGE REIMBURSEMENT AS IF THE HEARING WERE PART OF A CIVIL ACTION.
18 (3) IF A PERSON FAILS TO COMPLY WITH A SUBPOENA OR ORDER
19 ISSUED UNDER THIS SUBSECTION, ON PETITION OF THE DEPARTMENT, A CIRCUIT
20 COURT, BY ORDER, MAY:
21 (I) COMPEL OBEDIENCE TO THE DEPARTMENT'S ORDER OR
22 SUBPOENA; OR
23 (II) COMPEL TESTIMONY OR THE PRODUCTION OF EVIDENCE.
24 (4) THE COURT MAY PUNISH AS CONTEMPT ANY FAILURE TO OBEY ITS
25 ORDER ISSUED UNDER THIS SECTION.
26 9-320.
27 (a) There is a Maryland Clean Water Fund.
28 (b) THE FOLLOWING PAYMENTS SHALL BE MADE INTO THE MARYLAND
29 CLEAN WATER FUND:
30 (1) All application fees, permit fees, renewal fees, and funds collected by
31 the Department under this subtitle, including any civil or administrative penalty or
32 any fine imposed by a court under the provisions of this subtitle[,]; AND
33 (2) [shall be paid into the Maryland Clean Water Fund] ANY CIVIL OR
34 ADMINISTRATIVE PENALTY OR ANY FINE IMPOSED BY A COURT UNDER THE
8 UNOFFICIAL COPY OF HOUSE BILL 612
1 PROVISIONS OF TITLE 5, SUBTITLE 5 OF THIS ARTICLE RELATING TO WATER
2 APPROPRIATION AND USE.
3 [(c) The Department shall use the Maryland Clean Water Fund for activities
4 that are related to identifying, monitoring, and regulating the proper discharge of
5 effluent into the waters of the State including program development of these
6 activities as provided in the State budget. Priority shall be given to activities
7 pertaining to the water quality of the Chesapeake Bay and its tributaries.]
8 (C) THE DEPARTMENT SHALL USE THE MARYLAND CLEAN WATER FUND FOR
9 ACTIVITIES THAT ARE RELATED TO:
10 (1) IDENTIFICATION, MONITORING, AND REGULATION OF THE PROPER
11 DISCHARGE OF EFFLUENT INTO THE WATERS OF THE STATE INCLUDING PROGRAM
12 DEVELOPMENT OF THESE ACTIVITIES AS PROVIDED BY THE STATE BUDGET; OR
13 (2) THE MANAGEMENT, CONSERVATION, PROTECTION, AND
14 PRESERVATION OF THE STATE'S GROUNDWATER AND SURFACE WATER INCLUDING
15 PROGRAM DEVELOPMENT OF THESE ACTIVITIES AS PROVIDED BY THE STATE
16 BUDGET.
17 (D) IN DETERMINING THE USE OF THE MARYLAND CLEAN WATER FUND,
18 PRIORITY SHALL BE GIVEN TO ACTIVITIES PERTAINING TO THE WATER QUALITY OF
19 THE CHESAPEAKE BAY AND ITS TRIBUTARIES.
20 [(d)] (E) Notwithstanding any law to the contrary, unexpended moneys in the
21 Fund shall not revert to the general treasury at the end of a fiscal year.
22 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take
23 effect October 1, 2005.