Section 4-313.1 - Penalties for violations of § 4-302.1(b)(1), (c) or (d). - Maryland Statutes

§ 4-313.1. Penalties for violations of § 4-302.1(b)(1), (c) or (d).
 

(a)  Administrative civil penalties.-  

(1) The Department shall impose an administrative civil penalty on a person who owns or operates a sewage treatment plant that is in violation of § 4-302.1(b)(1), (c), or (d) of this subtitle. 

(2) The person accused of the violation shall have the right to a hearing but may waive that right in writing. 

(3) The penalty imposed under this subsection shall be: 

(i) $5 for each pound of phosphorus discharged monthly in violation of § 4-302.1(b)(1) of this subtitle; and 

(ii) $2 for each pound of nitrogen discharged monthly in violation of § 4-302.1(c) or (d) of this subtitle. 

(b)  No waiver, reduction, or use of penalty to assist in upgrading sewage treatment plant.-  

(1) Except as provided in paragraph (2) of this subsection, a penalty imposed under this section may not be: 

(i) Waived; 

(ii) Reduced; or 

(iii) Used to assist the penalized person in upgrading a sewage treatment plant. 

(2) A penalty imposed under this section may be waived if the phosphorus or nitrogen discharged in violation of § 4-302.1 of this subtitle is due to an act of God or, if it could not reasonably have been anticipated by the owner or operator of the sewage treatment plant, a power outage or a massive leakage of any pollutant that contaminates the wastewater being treated. 

(c)  Penalties to be deposited in Maryland Clean Water Fund.- The Department shall deposit the penalties collected under this section in the Maryland Clean Water Fund created under § 9-320 of this article. 

(d)  Collection of penalties on monthly basis.- The Department shall collect the penalties required to be imposed under subsection (a) of this section on a monthly basis beginning on: 

(1) February 15, 1989 for violations of § 4-302.1(b)(1) of this subtitle; and 

(2) November 15, 1991 for violations of § 4-302.1(c) or (d) of this subtitle. 

(e)  Penalties are in addition to other penalties provided by law.- The penalties required to be imposed under this section are in addition to any other penalties provided by law. 
 

[1988, ch. 538; 2006, ch. 44.]