2013 Maryland Code
ENVIRONMENT
§ 4-313 - Injunctive relief

§4-313.

Any unit whose approval is required under this subtitle or any interested person may seek an injunction against any person who violates or threatens to violate any provision of this subtitle.

§ 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.