Maryland Environment Section 9-244

      (a)      There is a Sewage Sludge Utilization Fund.

      (b)      (1)      The Department shall credit all sewage sludge generator's fees, permit application fees, funds that the Department collects under this Part III and §§ 9-269 and 9-270 of this subtitle, and any civil or administrative penalty or fine imposed by a court under the provisions of this subtitle to the Sewage Sludge Utilization Fund.

            (2)      The Sewage Sludge Utilization Fund is limited to a maximum of $400,000.

            (3)      The Department shall set aside 25% of the Sewage Sludge Utilization Fund for emergency removal of sewage sludge or mitigation of any adverse environmental effect.

            (4)      Whenever the sum of unallocated funds in the Sewage Sludge Utilization Fund and the projected sewage sludge generator's fees for the next fiscal year exceeds $400,000, the Department shall adjust the generator's fees for the next fiscal year on a pro rata basis so that the sum of unallocated funds and actual generator's fees does not exceed $400,000.

      (c)      The Department shall use the Sewage Sludge Utilization Fund for:

            (1)      Emergency removal of sewage sludge or mitigation of the effect of any utilization of sewage sludge that the Department finds:

                  (i)      Endangers public health, safety, or welfare; or

                  (ii)      Endangers or damages natural resources;

            (2)      Activities that are:

                  (i)      Conducted by the Department, by a local health official, or by the local health official's designee under § 9-243(e) of this subtitle; and

                  (ii)      Related to identifying, monitoring, or regulating the utilization of sewage sludge, including program development; and

            (3)      Providing supplemental inspections and monitoring of sewage sludge utilization sites by:

                  (i)      Contracting with a county upon request of that county to provide supplemental inspections and monitoring; and

                  (ii)      Limiting the value of services provided under the contract to no more than 45 percent of the generator fees for sludge utilized in that county that is generated outside of that county or service area.

      (d)      An expenditure that the Department makes under subsection (c)(1) of this section shall be reimbursed to the Department by the sewage sludge utilizer whose sewage sludge utilization brought about the expenditure by:

            (1)      Endangering public health, safety, or welfare; or

            (2)      Endangering or damaging natural resources.

      (e)      In addition to any other legal action authorized by this Part III, § 9-269, or § 9-270 of this subtitle, the Attorney General may bring an action against any person who fails to reimburse the Department under subsection (d) of this section to recover any expenditure that the Department makes under subsection (c)(1) of this section.