Maryland Washington Suburban Sanitary District Section 18-104.3

      (a)      In this section, "WSSC Pretreatment Program" means any program adopted under authority of § 9-332 of the Environment Article and § 9-101 of this article to:

            (1)      Meet national pretreatment requirements;

            (2)      Meet local pretreatment requirements; and

            (3)      Eliminate the contribution of each pollutant discharged from an industrial user into a publicly owned treatment works that:

                  (i)      Causes pass through or interference with the publicly owned treatment works; or

                  (ii)      Contaminates sewage sludge.

      (b)      (1)      The WSSC may issue a written complaint if the WSSC has reasonable grounds to believe that the person to whom the complaint is directed has violated any provision of the WSSC Pretreatment Program.

            (2)      A complaint issued under this subsection shall:

                  (i)      Specify the provision of the WSSC Pretreatment Program that allegedly has been violated; and

                  (ii)      State the alleged facts that constitute the violation.

      (c)      (1)      After or concurrently with service of a complaint under this section, the WSSC may issue an administrative order that requires the person to whom the order is directed to:

                  (i)      Take corrective action within a time set in the order;

                  (ii)      File with the WSSC a written report about the alleged violation;

                  (iii)      Appear at a hearing before the WSSC at a time and place the WSSC sets to answer the charges in the order; or

                  (iv)      File a written report and also appear at a hearing before the WSSC at a time and place the WSSC sets to answer the charges in the order.

            (2)      Any order issued under this subsection is effective immediately when it is served.

      (d)      (1)      Any complaint or order issued by the WSSC under this section shall be served on the person to whom the complaint or order is directed:

                  (i)      Personally; or

                  (ii)      By certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to the person's last known address as shown on the WSSC's records.

            (2)      If service is made by certified mail, the person who mails the document shall file with the WSSC verified proof of mailing.

            (3)      If the WSSC is unable with due diligence to effect service of process under paragraph (1) of this subsection, a complaint or order shall be served by publication reasonably tailored to provide actual notice to the person to whom the complaint or order is directed.

            (4)      Any order issued under this section that requires filing of a report, attendance at a hearing, or both, shall be served at least 10 days before the earlier of:

                  (i)      The time set for the hearing, if any; or

                  (ii)      The time set for the filing of the report, if any.

      (e)      (1)      Within 10 days after being served with an order under subsection (c)(1)(i) or (ii) of this section, the person served may request in writing a hearing before the WSSC.

            (2)      (i)      The WSSC shall give notice and hold any hearing under this section in accordance with the Administrative Procedure Act.

                  (ii)      The WSSC may designate a hearing officer to conduct any hearing required under this section and issue the final order and decision of the Agency.

            (3)      In connection with any hearing conducted under this section, the WSSC, on its own initiative or at the request of the person to whom the complaint or order is directed, may:

                  (i)      Subpoena any person or evidence that is essential for proper consideration at the hearing; and

                  (ii)      Order a witness to give evidence.

            (4)      A subpoenaed witness shall receive the same fees and mileage reimbursement as if the hearing were part of a civil action.

            (5)      If a person fails to comply with a subpoena or order issued under this subsection, on petition of the WSSC or the person to whom the complaint or order is directed, a circuit court may:

                  (i)      Compel obedience to the order or subpoena; or

                  (ii)      Compel testimony or the production of evidence.

      (f)      (1)      Unless the person served with a corrective action order under subsection (c)(1)(i) of this section makes a request for a hearing in accordance with subsection (e)(1) of this section, the order is a final order.

            (2)      If the person served with a corrective action order under subsection (c)(1)(i) of this section makes a request for a hearing in accordance with subsection (e)(1) of this section, the order becomes a final corrective order in accordance with the decision of the WSSC following the hearing.

            (3)      If the WSSC issues an order under subsection (c)(1)(ii), (iii), or (iv) of this section, the WSSC may not issue an order that requires corrective action by the person to whom the order is directed until after the later of:

                  (i)      The conclusion of the hearing, if any; or

                  (ii)      The review of the report, if any.

            (4)      After the time within which the WSSC may not issue a corrective order has passed in accordance with paragraph (3) of this subsection, if the WSSC finds that a violation of the WSSC Pretreatment Program has occurred, the WSSC shall issue an order that requires correction of the violation within a time set in the order.

            (5)      Any order issued under paragraph (4) of this subsection is a final corrective order and the person to whom the order is directed is not entitled to a hearing before the WSSC as a result of the order.

            (6)      The WSSC shall:

                  (i)      Take action to secure compliance with any final corrective order; and

                  (ii)      If the terms of the final corrective order are violated or if a violation is not corrected within the time set in the order, sue to require correction of the violation.

      (g)      In any action for an injunction under § 18-105 of this article to enforce the compliance with or restrain the violation of any provision of the WSSC Pretreatment Program or an administrative order issued under this section:

            (1)      Any finding of the WSSC after a hearing is prima facie evidence of each fact the WSSC determines; and

            (2)      On a showing that any person is violating or is about to violate any provision of the WSSC Pretreatment Program or an administrative order issued under this subsection, the court shall grant the injunction without requiring a showing of a lack of an adequate remedy at law.

      (h)      (1)      In addition to any other remedies available at law or in equity and after an opportunity for a hearing which may be waived by the person accused of a violation, the WSSC may impose a penalty for a violation of any provision of the WSSC Pretreatment Program stated in the complaint or an administrative order issued under this section.

            (2)      The WSSC shall provide the person subject to a penalty under paragraph (1) of this subsection a written notice stating that:

                  (i)      The WSSC intends to assess a penalty against the person;

                  (ii)      The person may request in writing a hearing before the WSSC no later than 10 days after receipt of the notice; and

                  (iii)      The failure to file a written request for a hearing no later than 10 days after receipt of the notice shall be considered a waiver of the right to a hearing.

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

                  (i)      Up to $1,000 for each violation but not exceeding $50,000 total; and

                  (ii)      Assessed with consideration given to:

                        1.      The extent to which the existence of the violation was known to the violator, but uncorrected by the violator, and the extent to which the violator exercised reasonable care;

                        2.      Any actual or potential harm to human health or to the environment, including injury to or impairment of the WSSC sewage collection and treatment systems or the natural resources of the State;

                        3.      The degree of interference with or injury to the general welfare, health, or property rights of the public;

                        4.      The extent to which the geographic location of the system creates the potential for harm to the environment or to human health or safety;

                        5.      The cost of cleanup and the cost of restoration of natural resources;

                        6.      The available technology for controlling, reducing, or eliminating the conditions that caused the violation; and

                        7.      The extent to which the current violation is part of a recurrent pattern of the same or similar type of violation committed by the violator.

            (4)      Each day a violation continues is a separate violation under this subsection.

            (5)      Any penalty imposed under this subsection is payable to the WSSC and collectible in any manner provided at law for the collection of debts.

            (6)      If any person who is liable to pay a penalty imposed under this subsection fails to pay it after demand, the amount, together with interest and any costs that may accrue, shall be:

                  (i)      A lien in favor of the WSSC on any property, real or personal, of the person; and

                  (ii)      Recorded in the office of the clerk of court for the county in which the property is located.

      (i)      (1)      Any person aggrieved by a final decision of the WSSC in connection with an order issued under this section may take a direct judicial appeal.

            (2)      The appeal shall be made as provided for judicial review of decisions in the Administrative Procedure Act.